1. Any contract for hire of a property shall be between you the hirer and the holiday home owner. Kett Country Cottages (KCC) act as Agents for Owners. When you book a property through the Company you enter into a contract with the Owner of that property. KCC is responsible for the administration of your booking, but, except where otherwise stated in these Booking Conditions, does so solely on behalf of and as agent for the Owner.
2. The contract of hire only becomes effective once KCC have received full and final payment and have sent written confirmation to the hirer. Bookings cannot be accepted for persons under 18 years of age.
3. Terms stated are per week unless otherwise indicated and are inclusive of VAT where applicable. Hire terms shall be guaranteed on final confirmation of the booking unless there are changes in the rate of VAT.
4. A deposit of 30% and a booking fee is required to reserve the property. The balance of the cost of the holiday must be paid not later than 8 weeks before the start of your holiday. Pre authorization of credit or debit cards may be used for the balance payment. If the full balance is not paid on time KCC reserves the right to cancel the holiday booking, in which case it shall be entitled to damages and any other costs that it suffers under general principles of English contract law. If the sum is less than or equal to the deposit KCC shall retain the sum owing to it and return any balance as applicable.
5. No charge is made for cheques, bank transfers or debit card payments. If you pay by credit card KCC will make a charge of 2.56% including VAT for each payment made this way, to recover the credit card company’s charges to KCC. Bookings if made less than 8 weeks before the start of the holiday must be paid in full at the time of booking.
6. KCC reserves the right to refuse any booking.
7. KCC reserves the right to cancel or alter arrangements made for you whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of KCC or (b) where in the reasonable opinion of KCC it is necessary to perform or complete essential remedial or refurbishment works. KCC shall offer the hirer a cottage in the same price category or in a lower category (where the difference will be reimbursed).
8. If a booking has to be cancelled by KCC, it will take reasonable steps to offer an alternative booking. If KCC is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered holiday arrangements (as the case may be), KCC will return to the hirer the relevant proportion of the money paid by the hirer to KCC in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control.
9. Unless otherwise stated in writing, the holiday price will include all charges for water, gas, electricity, or oil. Hirers must comply with the instructions found in the cottages regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to you.
10. The number of persons using the property shall not exceed the number stated in the advertising information without prior arrangement with KCC who reserve the right to make additional charges. KCC and the Owners reserve the right to refuse admittance if this condition is not observed. KCC and the owners reserve the right to refuse or cancel any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned. If the hirer wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of KCC. If permission is granted, an additional charge may be levied.
11. The Accommodation shall be for family use only, not for youth groups or other groups or student parties. Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted.
12. The Booking conditions are personal to the hirer. The hirer must not use the Accommodation except for the purpose of a holiday by the hirer and their party during the Holiday Period, and not for any other purpose or longer period.
13. KCC reserves the right to ask the hirer and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by KCC where if there is a serious breach by the Hirer of the Booking conditions, or their behaviour is such as to endanger the safety of others. If any complaints are made of anti-social behavior or unreasonable breakages or damage occurs or smoking restrictions are not observed KCC shall give the hirer an opportunity to rectify the breach and failure to do so shall entitle KCC to terminate the agreement.
14. A representative of KCC may be allowed access to the property at any reasonable time during occupancy.
15. Where a pet is booked into a property it is the hirers responsibility to ensure it is not permitted on any furniture or beds. KCC reserve the right to make an extra cleaning charge if necessary as a result of accommodating a pet. Under no circumstances must a dog be left alone inside a house at any time. You, as pet owner will be responsible for removing any evidence left by your pet. Please show consideration for guests visiting after you have gone home and bear in mind that some popular beaches do not permit dogs during the summer months. Where it is advertised that a garden is enclosed this may mean there is a clearly defined perimeter but it does not guarantee that the perimeter cannot be crossed by pets or children.
16. In addition to the cost of your holiday, KCC may require a refundable security deposit which may be used to cover the cost of breakages or extra cleaning if required. The hirer will provide debit or credit card details and pre-authorization for the payment of the security deposit which will be taken approximately 1 week before arrival. Should, in the event of a claim, the pre-authorised card expire and/or funds become unavailable, you will be required to pay the amount due using an alternative card or method. It is the hirer’s responsibility to ensure that the accommodation, furniture, fixtures, fittings and effects are left in the same state of cleanliness and order as was found at the start of the holiday. KCC reserve the right to make a charge for any extra cleaning necessary as a result of failure to comply. Where a security deposit is held, KCC will deduct the cost of extra cleaning and/or breakages from this amount and forward the balance to the hirer. The hirer shall be responsible for serious loss or damage which occurs to the property or its contents as a result of their negligence during their occupancy and is also responsible for paying appropriate compensation to KCC. The Visitor must allow KCC or its agents to enter the Accommodation to inspect the state of it, on prior appointment save in emergency when immediate access must be granted.
17. The hirer must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to any neighbours.
18. The hirer and his or her party must comply with any reasonable regulations relating to the Accommodation of which the hirer has written notice. Such regulations may be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal, recycling and so on.
19. Smoking is not permitted in any part of the Accommodation and the hirer and any member of his or her party undertakes not to smoke inside the Accommodation.
20. Except as indicated below, KCC cannot be held responsible for loss or damage to any belongings, or for injury sustained by the hirer or members of his or her party during their stay at the Accommodation. KCC excludes liability for loss or damage to any belongings, or for death or injury sustained to the hirer or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or default or breach of KCC of any duty.
21. The hirer shall be liable for and indemnify KCC against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by KCC arising from the Hirer’s use or occupation of the Accommodation which arise from any breach by the hirer of his or her obligations under the Agreement or from any negligence or wilful default of the hirer and/or the hirer’s party.
22. Arrival and Departure Times – Adherence to the arrival and departure times forms part of the Booking conditions and any stay that extends over this period will be subject to a charge being made for additional days. Arrival time is as stated in the hirers arrival instructions on the first day of the holiday and Departure time is by 10.00am on the last day of the holiday.
23. The Visitor will be issued with a set of keys to the Accommodation on the first day of the Holiday Period and the Visitor must return them as per allocated instructions on the last day of the Holiday Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.
24. The use of accommodation and amenities, where offered, such as swimming pools, rowing boats, beach huts, climbing frames, trampolines etc. is entirely at the user’s risk, and no responsibility can be accepted for injury, or loss or damage to user’s or hirer’s personal belongings.
25. Please check all details upon receipt of the deposit or balance confirmation letters to ensure that they are correct as it may not be possible to make changes at a later date. If after your booking has been accepted by us, you require an amendment or re-invoice, KCC reserve the right to charge an amendment fee.
26. In the event that there is reason to be dissatisfied with the accommodation please contact KCC or the cottage owner immediately so that an investigation can be carried out and remedial action taken as necessary. Under no circumstances will complaints be dealt with if received after the holiday has ended. As KCC acts only as an agent for the Owner, KCC cannot accept any liability for your property. Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.
27. The Hiring Contract is made on the understanding that the property and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of KCC or the Owner, then KCC may be forced to cancel the booking. The Hirer will be advised as early as possible. Where possible, The Hirer will be offered suitable alternative accommodation, which, if not acceptable, will entitle the Hirer to a refund of all monies due. The Hirer will not as a result have any further claims against KCC or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you to confirm the reservation and accepted a payment.
28. KCC take every care to ensure the accuracy of the property description. All information is given in good faith and is believed to be correct at the time of going to press, but KCC cannot be held responsible for changes beyond their control which may become known after publication of this information. In addition, whilst KCC advertise properties as non-smoking or no pets as instructed by the Cottage Owner, we cannot guarantee the fact. KCC’s description of a cottage shows the amenities available in that property but generally does not state what is not in the property. Please be aware that if a property is advertised as having an enclosed garden, this does not necessarily mean a secure garden but may be enclosed by hedging or open style fencing. Further, KCC cannot accept liability for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, damage resulting from exceptional weather conditions or the owner’s negligence resulting in loss, injury or accident.
29. The Booking Conditions relate to the Holiday Period and are not intended to create the relationship of Landlord and Tenant between the hirer and KCC. The hirer shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure.
30. In order to process a booking KCC requires certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect any party member’s holiday arrangements. KCC may be required to pass on your personal details to individuals and organizations (for example the property owner(s) or key holders), in order that your holiday rental and any travel-related services (if any) may be provided. The Company is required to process and store your personal details for their own administration, market analyses and operational reviews. KCC would also wish to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which KCC feels may be of interest to you). All details you give to KCC at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information. The companies and third parties to whom KCC discloses customer details may contact any members of your party. If you do not wish to receive any or all of the communications set out in this Section, please inform KCC as soon as possible by letter, e-mail or fax. KCC is entitled to assume that you do not object to any such communication unless you have indicated otherwise either at the time of giving details to KCC or subsequently. Except where expressly permitted by the Data Protection Act 1998, KCC will only deal with the personal details you supply as set out above unless you inform otherwise. You are generally entitled to request from KCC (by letter, fax or e-mail) if and how it is processing your personal details. KCC is entitled to charge a fee in responding to such a request. KCC promises to respond to any such request within 40 days of receiving this in writing and payment of the appropriate fee (if required). In certain limited circumstances KCC is entitled to refuse your request. KCC may also record or monitor telephone calls without notification for staff or training purposes.
31. If you have cause to cancel your booking, please notify our office immediately by telephone and then in writing. In this instance, all reservation deposits paid to KCC are non-returnable and the hirer will be liable for the full cost of the holiday if a cancellation occurs UNLESS the booking office is notified as follows:
A: Up to 8 weeks before the start of the holiday. In which case the hirer will forfeit the deposit and booking fee only.
B: Less than 8 weeks before the start of the holiday and it is possible for KCC to re-let the property. In which case the deposit will be forfeited and the booking fee plus an administration charge of £25 plus VAT. The balance will be returned to the hirer. If the property is not re-let the hirer will forfeit the full cost of the holiday.
C: If the booking was made within 8 weeks of the start of the holiday and it is possible for KCC to re-let the property, an amount equal to the prevailing deposit rate will be forfeited and the booking fee plus an administration charge of £25 plus VAT. The balance will be returned to the hirer. If the property is not re-let the hirer will forfeit the full cost of the holiday.
It is recommended that the Hirer is covered by Personal Holiday Insurance.
The construction, validity and performance of the Booking Conditions shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.