Terms & Conditions
1. Definitions and background
1.1 In these Booking Terms and Conditions “you” and “your” means the person named as Party Leader on the Booking Form (including anyone substituted at a later date). “We” “us” and “our” means Peak Cottages Limited whose registered office is at Strawberry Lee Lane, Totley Bents, Sheffield, S17 3BA (company registration number 02923502), whose trading name is “Peak Cottages”.
1.2 Before booking through us, please read these Booking Terms and Conditions carefully and all other information relevant to your booking as shown on our website and in our brochure.
1.3 We act as booking agent on behalf of owners of the Property shown on the Booking Form (the “Owner”). When you book through us and we issue a Booking Confirmation (see below), you are entering into a contract with the Owner.
2. Availability and booking
2.1 All bookings are subject to availability and acceptance by ourselves and / or by the Owner.
2.2 Your booking will be considered as accepted only once we have issued the Booking Confirmation to you. We will do so electronically or by e-mail or by post. If for any reason we or the Owners refuse your booking, we will tell you in writing and promptly refund any money due to you that you have paid to us. Neither we nor the Owner will have any liability to you in this event.
2.3 Your binding contract with the Owner comes into existence only when we issue the Booking Confirmation. Once the Booking Confirmation has been issued, it is your responsibility to make all outstanding payments due.
2.4 Once received, you should check the details on the Booking Confirmation carefully and let us know immediately if anything is incorrect.
3. Marketing Particulars
3.1 We aim to ensure that all information we publish is correct at the date of publication. Occasionally there may be minor differences between the description of the property, its services or the local area as shown in our publications. This can be because owners seek to improve or upgrade their properties and changes or closures to local services or attractions sometimes occur. We will let you know as soon as reasonably practical if we become aware of changes to the property or to local services or attractions which we consider may materially impact your holiday.
4. Changes to your Booking
4.1 You should let us know in writing if you wish to make any changes once a Booking Confir4.1 You should let us know in writing if you wish to make any changes once a Booking Confirmation has been issued. We will make enquiries with the Owner (or owners) and, if accepted, we will issue you with a new Booking Confirmation.
4.2 We cannot guarantee that the Owner (or owners) will able to accommodate or agree to your request. Please note that the cost of any alternative property, dates or other amendments that are agreed will be subject to the current brochure price, which may be different to the price you have already paid.
4.3 In any event, we will charge an administration charge of £40 (including VAT) to make enquiries with the relevant Owner (or owners) about changes or amendments that you wish to make. If a change is authorised, we will issue a new Booking Confirmation.
5. Cancellation by you
5.1 You should telephone us as soon as possible if you wish to cancel your booking after a Booking Confirmation has been issued. Any refunds of money already received will be at the discretion of the Owner. If you have not already paid in full, you should remember that the Owner (on whose behalf we act) can require you to pay the full balance outstanding in respect of your booking.
5.2 If, after you have notified us of a cancellation, a refund is given by the Owner, we will retain a cancellation fee of £50 per week or per part week per booking, in addition to any credit card charges you have already paid. The Owner may then re-let the property.
6. Cancellation by us or by the Owner
6.1 Where circumstances beyond our or the Owner’s control require us to alter or cancel your booking, we will let you know as soon as possible and:-
6.1.1 we will endeavour to arrange and offer you alternative accommodation of a similar type and standard, in a similar location and of similar cost; or
6.1.2 if alternative accommodation is unavailable or unacceptable to you, we will refund all sums paid by you and neither we nor the Owner shall be under any further liability to you.
6.2 Where we offer you alternative accommodation and you accept, we will issue you with a new Booking Confirmation. Any difference in the cost of the alternative accommodation will be refunded to you or will become payable by you (as appropriate) on the date that new Booking Confirmation is issued.
7. Your Property
7.1 You are entitled to occupy the property from 3.00pm on the start date and you must leave by 10.00am on the end date.
8. Prices and payment
8.1 All price quoted or otherwise advised to you include all UK taxes or governmental levies that apply at the time of your booking. If, after a Booking Confirmation has been issued there are changes to such taxes or levies, we and the Owners reserve the right to pass on the cost to you.
8.2 When you confirm your booking, you should pay the deposit amount then due by debit or credit card or by sending a cheque (in pounds sterling) to us.
8.3 The balance of the cost of your holiday must be received by us no less than 8 weeks before the start date for your holiday. If you fail to do this, we or the Owners may treat this as a cancellation and re-let the Property to another person. You will, however, remain responsible for the full cost of the booking and any costs or losses incurred by us or by the Owner but this will be reduced if the property is subsequently re-let.
8.4 If you book a Property within 8 weeks of the Start Date, the full cost of the booking should be paid at the time the Booking Form is received by us.
9.1 We will advise you where to collect keys (either from us or from the Owner). Keys will be available only from 3.00pm on the start date and must be returned by 10.00am on the end date.
9.2 If you lose the keys to the property or otherwise need to gain entry, you will be required to pay all costs and charges incurred in replacing the keys and / or locks, subject to a minimum charge of £60.00.
9.3 If you fail to return the keys when due, we or the Owners may replace the keys and / or locks and you will be required to pay the costs of such replacement on demand.
9.4 If you fail to keep to the terms of this agreement (for instance, you cause noise and disturbance, serious damage to or in the property or you significantly change the composition of your party or exceed the numbers of persons permitted to stay at the property), the Owner may terminate the agreement immediately and may require you and your party to leave the property immediately. In these circumstances, the Owner will not refund any monies you have paid in respect of your booking and will not be liable to you for any consequential costs.
10. Security Deposit
10.1 The Owners may require that you pay us a security deposit to help cover the cost of any damaged or missing items from the property or additional cleaning beyond that usually required.
10.2 We will refund the security deposit to you (without interest) promptly after your holiday(within 10 days of the end date of your holiday), subject to any reasonable deductions made by the Owner in respect of damaged or missing items or additional cleaning required.
10.3 Where the amount of the security deposit is not sufficient to cover the costs of the damage or other losses caused to the Owner, the Owner may require that you make good any shortfall.
11. Your duties
11.1 You agree and acknowledge that:-
11.1.1 you and the members of your party will occupy the property as a private holiday home only and that, as such, no Assured Tenancy or statutory periodic tenancy will arise (as defined in the Housing Acts);
11.1.2 the number of persons staying at the property will not exceed the maximum number as shown in our marketing particulars;
11.1.3 you and your party will not in any way alter, add to or cause damage to the property, its fixtures, fittings and contents and that you will be responsible for the costs of the same;
11.1.4 you will leave the property, its fixtures and fittings and contents in the same clean and tidy state and condition as on the day your booking commences;
11.1.5 you and your party will not cause or permit any nuisance or annoyance to the owners or occupiers of adjacent property and will not cause damage to them;
11.1.6 you and your party will permit us and the Owner (or our representatives) access to the property at all reasonable times;
11.1.7 you will not, except as stated in the marketing particulars or agreed by the Owners, allow pets or animals at the Property;
11.1.8 if pets are allowed at the Property, you will ensure they are kept under control and do not enter the bedrooms or the upstairs of the Property or cause damage to any furniture.
12. Our liability to you and that of the Owners
12.1 We act only as agent for the Owner and cannot accept liability for any act or omission on their part or anyone representing or employed by them.
12.2 We cannot accept liability for any shortcomings or defects with or in any property as all properties are in the sole control of the Owners.
12.3 Neither we nor the Owners will accept any liability for noise or disturbance caused to you which originates from beyond the boundaries of the property or which is beyond our or the Owner’s control. If a source of obvious noise has been identified by or notified to us before your arrival, we will let you know.
12.4 We cannot accept liability for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems nor the failure of public utilities such as water, gas and electricity. If such matters arise during your stay at the property, please notify us as soon as possible and we will notify the Owner who will seek to resolve the matter to your satisfaction.
12.5 If we are found to be liable in relation to any service provided to you (as opposed to the accommodation or any service provided by the Owner for which we are not responsible) our liability will be limited to the commission we have earned (or is due to us) in relation to your booking, together with any unrecoverable expenses relating to your booking which you incur as a result of that failure.
12.6 Nothing in this agreement will limit our or the Owner’s liability for death or personal injury which arises as a result of our or the Owner’s negligence or that of our or the Owner’s agents or employees whilst acting as such, nor for our own criminal acts or those of the Owner.
12.7 As the Owner is responsible for providing us with details about the property and its services, we cannot accept responsibility to you for inaccurate, incomplete or misleading information about the Property, except where we have provided that information negligently. Similarly, we cannot accept liability for any changes or closures of local services or attractions, as these are outside our control.
13.1 If you have any complaints about our booking service, you should raise these with us as soon as reasonably possible. We will endeavour to resolve the complaint to your satisfaction.
13.2 If you have any complaints about the Property, you should advise us (or the Owner) as soon as reasonably possible. We may pass such complaints to the Owner to deal with.
13.3 It is particularly important to raise any complaints about the Property or about our booking service as soon as possible, especially if these arise during the course of your holiday. This will allow us (or the Owners) an opportunity of putting matters right sooner.
14. Your personal data
14.1 We are the sole data controller of all personal data provided by you. In order to process your booking we need to collect certain personal data from you, which may include “sensitive personal data” about you and about members of your party. We will share this data with the Owner for the purposes of administering your booking and for marketing our services. We may also share this data with third parties in connection with your booking. By providing such data to us, you confirm that you have permission from those about whom the data relates and for us to use their personal data in this way.
14.2 Except as noted above, we will not disclose personal data about you (or about your party) to anyone else, unless we reasonably believe that we are required to do so by applicable law or regulation.
15. Third parties
15.1 Our relationship and that of the Owner is with you and neither we nor the Owner will recognise the interest or claim of any other person, unless by law we have to.
16. Language and Law
16.1 We will communicate with you in English and the law of England & Wales will apply to this agreement.
Please note the selecting accommodation and how to book your holiday form part of the agreement. These Booking Conditions supersede all previous issues.