Booking Terms and Conditions 2024-2025
These terms are between you and us.
DEFINITIONS
1 When the following words with capital letters are used in these Terms, this is what they will mean:
Arrival Date | the date on which your Booking will begin and the Property will be made available to you. |
Balance Due Date | 8 weeks before your Arrival Date. |
Booking | the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date. |
Booking Confirmation | the written acceptance of the Booking Reservation which may include more information such as details around arrival and departure, directions, House Rules etc. |
Booking Deposit | 30% of the Booking Price required when making your Booking Reservation. |
Booking Price | as set out on our Website. |
Booking Reservation | your request to book a Property. |
Business Day | a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. |
Cancellation Fee | a fee charged in accordance with clause 7. |
Contact Details | the details found on the Contact Us page of our Website. |
Departure Date | the date on which your Booking will end and you must vacate the Property. |
Events Outside of the Parties Control | as defined in clause 9. |
Group | the named individuals attending the Property subject to these Terms. |
House Rules | See Section 3 |
Permitted Pets | any animal attending the Property (other than assistance animals) – See Section 4 |
Property | the property provided for holiday letting purposes, details of which have been made available on the Website. |
Security Deposit | a fee of £300 taken prior to your Arrival Date and held throughout the duration of the Booking in case damage is caused to the Property. |
Terms | the terms and conditions on which your Booking is supplied to you, being this agreement and any other documentation referred to in this agreement. |
Website | www.stpetersstudiostives.co.uk together with other websites and platforms which may be used by us from time to time. |
We/our/us | Donna Ockenden Property Ltd |
You/your | the individual who makes the Booking Reservation, who must be over the age of 18. |
1.2 When we use the words “writing” or “written” in these Terms, this includes email but does not include fax or any messaging service or platform.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1.4 If any of these Terms conflict with any term contained within the Booking Reservation, the Booking Confirmation, these Terms will take priority.
OUR CONTRACT WITH YOU
2.1 Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) and within these Terms are complete and accurate before you submit the Booking Reservation.
2.2 These Terms will become binding between us once we issue you with the Booking Confirmation.
2.3 Your Booking is accepted only once we issue a Booking Confirmation.
2.4 The maximum number of people who can stay in the Property will be notified to you on the Website.
2.5 You agree not to arrive at the Property before the agreed time on the Arrival Date and to depart from the Property no later than the agreed time the Departure Date. The Property will not be available at any time outside of the times reserved by you and you may be charged if you do not leave by the agreed time on the agreed Departure Date.
2.6 All illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
2.7 As lead for the Party you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.
2.8 The Property is provided for holiday letting purpose only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any:
2.8.1 new tenancy;
2.8.2 the right to sub-let the Property in part or in whole;
assured short hold tenancy (AST); or
2.8.3 any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.
ENJOYING THE PROPERTY AND HOUSE RULES:
3.1 Access to the Property is subject to adherence to these Terms and House Rules.
3.2 Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage or instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.
3.3 You shall take proper care of the Property and its contents during your Booking and you may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at your Arrival Date. You shall report to us any damage, destruction, loss, defect, or disrepair affecting the Property as soon as it comes to your attention, to allow us to investigate and take steps to rectify.
3.4 Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity.
3.5 Any recommendations made by us are our personal recommendations only and do not guarantee any level of service or quality.
3.6 It is your sole responsibility to ensure that the Property is suitable for you and your Group’s needs.
3.7 We reserve the right to request your immediate departure without refund where you have in our discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of others or causes, or is likely to cause, damage to the property.
3.8 We, or an authorised representative or agent acting on our behalf (including but not limited or tradespeople), reserve the right to enter the Property at any time for the purpose of inspection or to carry out any repair deemed necessary to the Property or its contents.
3.9 All belongings and vehicles are left at the Property at your own risk. Please ensure all belongings are removed by the Departure Date as the return of any lost property cannot be guaranteed and will incur charges.
3.10 There is no electric vehicle charging facility at the Property. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’) to charge your vehicle from a socket at the Property. Information regarding the nearest public charging points will be made available where possible.
3.11 Third party providers (e.g. caterers and private chefs) are not permitted at the Property without our prior permission.
3:12 The house and patio are non smoking including the use of vapes/electronic smoking devices.
3.13 If evidence of smoking/smoke odour or damage is found by our housekeeping team we reserve the right to charge you for an extended clean.
3.14 Hen/Stag parties or similar are not permitted in the property.
PETS
4.1 Only Permitted Pets or registered assistance animals are permitted to stay in the Property.
4.2 Where pets that are not permitted but have been brought with you for the Booking, we reserve the right to request immediate departure.
4.3 We reserve the right to refuse admission or request immediate departure from the Property to anyone who their Permitted Pet is considered to be, in our sole discretion, a nuisance or danger to others.
4.4 You will be liable for any damage caused by animals or parasites introduced by your Permitted Pets.
4.5 We are not liable for any allergies that are affected as a result of pets present in a previous occupancy.
PRICE AND PAYMENT
5.1 The Booking Price will be set out on the Website, at the time of submitting your Booking Reservation and as detailed in your Booking Confirmation.
5.2 Where your Booking Reservation is before the Balance Due Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.
5.3 Where your Booking Reservation is made after the Balance Due Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
OUR LIABILITY TO YOU
6.1 No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.
6.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
6.3 We only supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
7.1 We strongly recommend that you take an appropriate travel insurance policy before placing your Booking Reservation.
7.2 You may cancel a Booking before the Arrival Date by contacting us using the Contact Details. A Cancellation Fee will be charged if you cancel your booking.
7.3 Your liability for Booking Price is dependent on the Property and period of notice that you give us, as set out below:
Number of days before Arrival Date that notification of cancellation is received | Percentage of Booking Price payable by you |
Prior to Balance Due Date | 30% (the Booking Deposit) less the £40 booking fee |
Between 8 weeks and 4 weeks | 60% |
Less than 4 weeks | 100% |
7.4 We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
7.5 If you cancel your Booking, we will try and re–let the Property. If we are able to re-let the Property, we will refund money paid less our Booking Deposit and subject to any difference in price between the Booking Price and the re-let price.
7.6 Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you.
7.7 If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation and will not be refundable. For example; self-isolation or quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport will all be treated as cancellation by you in accordance with this clause.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control (See Section 9). We will promptly contact you if this happens.
8.2 If we have to cancel a Booking under clause 9 and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full.
8.3 We may cancel your Booking at any time with immediate effect by giving you written notice if you:
8.3.1 do not pay us when you are supposed to; or
8.3.2 breach the contract in any material way, including the House Rules
We shall not be liable for any refund if we cancel the contract under 8.3.
EVENT OUTSIDE OF THE PARTIES CONTROL
9.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
9.2 An Event Outside our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption.
9.3 In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided us.
9.4 Should an Event Outside our Control occur which means the Property cannot be provided to you, we will let you know as soon as possible so a refund can be arranged for you.
HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to us in accordance with our Privacy Policy. In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We will only use the information that we collect about you lawfully, in accordance with all applicable laws concerning the protection of personal data; including the Data Protection Act 1998 (DPA) and The General Data Protection Regulation 2016 (GDPR) together, and with other subsequent laws “Data Protection Laws”. Your information will be processed by Donna Ockenden Property Limited in accordance with our privacy policy. If you are not booking online a copy of our privacy policy will be available on request.
CHANGES TO BOOKING OR TERMS
11.1 We may revise these Terms from time to time.
11.2 If we have to revise these Terms, we will give you at least 14 days written notice of any changes to these Terms before they take effect, or as much notice as possible where your Arrival Date is less than 14 days before the date of the change.
11.2 If you wish to change the dates of your Booking or amend your Booking in any way, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.
OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.
12.2 Except for you and us, no other person shall have any rights to enforce any of these Terms.
12.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.
12.5 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.