Michael Paul Holidays Terms and Booking Conditions
In these Booking Conditions “we”, “us”, “our” and “the Company” means Michael Paul Holidays Limited. The “Owner” is either the holder of the title to the holiday property or a bona fide contract from the title holder to arrange the letting of the property/ies. References to “you”, “your”, “the Guest" or "Party Leader" refer to the person making the booking and all members of the holiday rental party who have been accepted by the Company on behalf of the Owner (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with the Owner. They also deal with the Company’s position. Nothing in these Booking Conditions affects your normal statutory rights.
Michael Paul Holidays Ltd arranges bookings of holiday accommodation as agent of the owners. When you book a property through the Company you enter into a contract with the Owner of that accommodation or that person or company contracted by the Owner to arrange lettings but not Michael Paul Holidays. The Company is responsible for the administration of your booking, but, except where otherwise stated in these Booking Conditions it does so solely on behalf of and as agent for the Owner.
Each property/resort has a specific set of Terms & Conditions as set forth by the Owner. These Terms & Conditions constitute the contract agreed between the Owner and the Guest. Find the applicable Terms and Booking Conditions for each property/resort below. Guests shall be sent a copy of Conditions alongside the pre-arrival information.
|Hawkswood Country Estate||Braidhaugh Holiday Park||Sauchope Links Park|
|Sandford Country Cottages||Loch Tay Highland Cottages||Lomond Luxury Lodges|
|St Andrews Apartments||Taymouth Marina||Loch Lomond Waterfront|
|Perthshire Lodges||Lews Castle||Silver Sands Holiday Park|
|Llyn Peninsula||Brynteg Holiday Park|
2021 BOOKINGS: due to the ongoing Covid - 19 crisis, bookings made for travel in 2021 are not subject to postponement unless Government advice is issued to the contrary.
1. YOUR BOOKING
Liability: Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or the Company for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. All offers and bookings are subject to availability.
The Party Leader: The Party Leader must be at least 21 years of age at the time of booking. The Party Leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. By making the booking, the Party Leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The Party Leader is responsible for making all payments due to the Company. The party leader will be expected to inform all members of the party of all the booking and actual occupancy conditions of the property.
Booking Refusal: The Company on behalf of the Owner has the right to refuse any booking. If the Company does this, the Company will inform you in writing and promptly refund any money you have paid us.
Booking Confirmation: When the Company issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should inform the Company immediately. Please note we will provide you with your written confirmation by email. We will only send a confirmation in the post if specifically requested by the Party Leader. All references to “written confirmation” therefore refer to confirmations provided by email (or post) as applicable. It is your responsibility to check your emails regularly and to notify us of any change to your email address.
Your booking is not confirmed until the correct monies have been received by the Company and you have received a written confirmation. Please note, unless otherwise stated, the Company will not hold the property whilst waiting to receive a deposit.
Rental Details: As changes and errors occasionally occur, you must check all details of your chosen holiday accommodation (including the price) at the time of booking.
2. PAYING FOR YOUR HOLIDAY ACCOMMODATION
Holiday Deposit: In order to secure a booking, the Party Leader needs to pay the deposit amount due. The deposit amount consists of 30% of the total including any applicable payment processing and booking fee. Payments can be made online or over the phone on the
Holiday Balance: The final balance is due 8 weeks before departure and must be paid over the phone by Card. Michael Paul Holidays are entitled to terminate a booking without an obligation to repay any monies paid by the Guest if the balance has not been paid in full by the due date.
Last Minute Bookings: If the Guest wishes to secure a booking where the departure date falls on or inside 8 weeks, the full balance including any applicable payment processing and booking fee will be due immediately. The booking will be confirmed once the Company has received the correct monies and sent the Guest a confirmation email or letter.
Security Deposit: You will be required to provide a security deposit when you book a stay at some properties. If the property sustains any damages during your stay, the cost of repairs will be deducted from your security deposit.
The value of your security deposit will be calculated automatically and added to the total value of your booking before you submit your payment.
After your holiday, the property owner will either advise us of the cost of damages to the property or confirm that no damages were sustained during your stay. We will then recredit your payment card with the value of your deposit minus any costs.
3. PRICES AND COSTS
Taxes & Governmental Levies: All prices quoted on our website or otherwise advised to you are inclusive of any applicable taxes or governmental levies. Should the rates of such taxes or levies be increased then you may be required to pay the increased amount. Alternatively, if the rate of any applicable tax or levy included in the quoted price is decreased, so that a lower rate applies to your holiday, then the price of your holiday may be reduced accordingly.
Rental Prices: The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. Any quotes provided by the Company are an indication of the price at that time. The price of your chosen arrangements will be confirmed at the time of booking.
4. SPECIAL OFFERS
Reduced Deposit Offers: Occasionally, the Company may choose to run a promotion where the Guest is given the opportunity to secure a booking for a smaller deposit than usual. Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Conditions.
If you book a property at either a lower than usual, or a nil deposit, you also agree to pay the difference between the amount paid and the usual deposit, plus any applicable payment processing fees or booking fees, either at the time the balance of your total holiday cost is due, or at the time of cancellation, if you cancel your booking. If you cancel you must also, in accordance with our cancellation policy, pay an administration charge of £25.
5. CANCELLATION POLICY (i) BY THE COMPANY
In certain circumstances your booking may be cancelled by the Company. There are several reasons your booking may be cancelled by the Company:
(i) Because the balance has not been paid by the prescribed due date
(ii) Because there has been an issue with the property
(iii) Because of an administrative error
(iv) Because the Guest has failed to comply with the property or booking requirements (e.g. an under 18 party or a single sex stag/hen party where not allowed)
(v) Because you have failed to arrive before 12 noon the day after your start date and haven’t contacted The Company to advise of late arrival
(i) If you have not paid the balance by the prescribed due date, Michael Paul Holidays are entitled to terminate a booking without an obligation to repay any monies paid by the Guest. We will normally contact you to establish the circumstances before cancelling but this is by no means an obligation. The Guest will be sent notification by email that their holiday has been cancelled in this circumstance.
*If the Company gets in touch with you and does not cancel your booking on the basis that you have promised to make a payment, you will be liable for a late payment penalty of £25.
(ii) If the Company cancels because there is an issue with the property which is out of our control and falls under “Force Majeure” (See Section 9) then the Company will not be liable for any compensation or losses and will provide a full refund to the Guest. If the circumstances are under our control, then the Guest will receive a full refund and be offered compensation by the Owner (if appropriate and subject to your providing proof of loss.) There is a minimum compensation amount of £20 per booking. Compensation will not be offered where you have refused, without good reason, to accept an alternative property which you have been offered.
(iii) If the company cancels because of an administrative error (i.e. a double booking) then the Guest will receive a full refund and be offered compensation by the Owner (if appropriate and subject to your providing proof of loss.) There is a minimum compensation amount of £20 per booking. Compensation will not be offered where you have refused, without good reason, to accept an alternative property you have been offered.
(iv) If you have broken the booking conditions or property requirements Michael Paul Holidays are entitled to terminate a booking without an obligation to repay any monies paid by the Guest. The Guest will be sent notification by email that their holiday has been cancelled in this circumstance.
• If your fail to arrive before 12 noon the day after your holiday start date and you haven’t contacted the Company to advise of your late arrival, then we will treat the booking as being cancelled by you. (See Section 6)
6. CANCELLATION POLICY (ii) BY THE GUEST
If you have to, or wish to, cancel your booking, the Party Leader must telephone the Company on the number shown on your booking confirmation as soon as possible. The Party Leader must also immediately confirm the cancellation in writing by email or in the post. The day the Company receives your telephone notification of cancellation is the date on which your booking with the Owner is cancelled. Please note, individual members of a holiday party cannot cancel, the cancellation must be made on behalf of the entire party. All prices are for the entire property and not on an individual basis.
All deposits as well as any payment processing and booking fee are non-refundable and will be forfeited in the event of a Guest cancellation. If you have paid the full balance, then the full price may also be forfeited. An administration fee of £25 will be applicable for any cancellations.
If you wish to cancel your booking having paid the full price, the Company will use its best endeavours to persuade the resort operator to offer alternative holiday dates in the same holiday unit. It should be clearly noted that such offers are entirely at the discretion of the resort operator. If an alternative date is arranged, the Company will charge an administrative fee of £25 and if the change in date, brings about an increase in price, such increase will be charged in addition.
Holiday accommodation owners are unlikely to offer refunds for holiday cancellations. To protect your payment in the event you need to cancel your holiday, we strongly advise covering it with insurance.
Our insurance: Choose our Refundable Booking option to have your holiday payment covered against a broad range of reasons for holiday cancellation. To opt-in, simply tick the box to purchase the cover when making your booking.
If you then need to cancel your break, all you need to do is apply online with evidence of your reason for cancelling. Once approved, your holiday payment minus an excess of 15% is refunded directly into your chosen bank account within 4 days.
Refunds are available for bookings made through Michael Paul Holidays up to a maximum value of £5,000 per person. This includes the entire transaction, including booking fees and any holiday extras. Please note that Refundable Booking is only available at the time of booking.
Cancellation circumstances covered include the requirement to self-isolate due to contracting COVID-19 within two weeks of your holiday’s start date. Other circumstances include:
• Illness or injury • Pre-existing medical condition • Pregnancy complication • Death of an immediate family member • Public transport failure • Scheduled airline failure • Mechanical breakdown • Jury service • Home emergency • Court summons • Armed forces or emergency services recall • Adverse weather • Relocated for work • Changes to examination dates
7. CHANGES TO YOUR BOOKING (i) BY THE COMPANY
Changes by the Company: Neither the Owner nor the Company expect to have to make any changes to your booking but occasionally problems occur and bookings have to be changed. If this does happen, the Company will contact the Party Leader to explain what has happened and inform you of the change. The Party Leader will be contacted by telephone where reasonably possible in the case of a significant change or email in the case of a minor change.
A minor change is a change which will not significantly affect your holiday e.g. a household appliance is not operational. A minor change can also be movement of the booking by the company into an identical or comparable property. Minor Changes: Please note, no compensation is payable for minor changes.
A major change is a change which would significantly affect your holiday. e.g. the hot tub is not operational, your booking is moved by the company to a different property, your booking is moved to alternative dates by the company, the property has suffered significant loss of inventory or there is widespread damage to the booked property.
Major Changes: If a significant change has to be made (and the change is not acceptable to you) the Company or the Company on behalf of the Owner will, if possible and as soon as reasonably practical, offer the Party Leader an alternative property (from the range advertised by the Company) of similar type and standard in a similar location for the same or similar time of year.
If you accept this alternative property, you will not be required to pay any more than the price you paid for the original property. However, if you do not wish to accept the alternative property the Company offers you, you may choose any other available alternative. As the alternative property is likely to be owned by a different Owner to that of the original property booked, the advertised cost of the alternative property will be payable.
If you do not wish to accept a significant change or an alternative property option or if the Company cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund of all monies paid to the Company.
Communication: In these circumstances the Company will, wherever reasonably possible, communicate with you by telephone and you are required to do the same. The Party Leader should tell the Company as soon as possible whether you wish to accept a change or alternative property offered, or whether they would like a refund.
In the unlikely event that the Party Leader fails to tell the Company that they wish to accept any change or alternative property, the Company is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Company.
8. CHANGES TO THE BOOKING (ii) BY THE GUEST
Changing Your Booking: If you want to change your booking once your confirmation has been issued, we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes have been agreed and actioned an administration fee of £25 will be payable to the Company together with any other resulting costs (for example any increase in price).
It is important to realise that a change of property or dates may have to be treated as the cancellation of the Guest of one booking and the making of another. This would be more common in cases where multiple property Owners are involved. In such cases, cancellation charges may be incurred which may be as much as the total cost of your holiday booking. (See Section 6 for Cancellation Policy)
The Company will advise the Party Leader if this is the case when the change is requested. The Party Leader must then inform The Company as soon as reasonably possible whether you still wish to change your booking. If you advise the Company that you do or the Party Leader fails to contact the Company as soon as reasonably possible, your booking will be treated as having been cancelled by you. In these circumstances, the Company will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.
9. FORCE MAJEURE (CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER/COMPANY).
Except where otherwise expressly stated in these Booking Conditions, the Owner and the Company shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner and/or the Company to perform or promptly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner or the Company.
By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner or the Company) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the Company on behalf of the Owner will refund you all monies paid to the Company by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in
10. YOUR PROPERTY
Arrivals and Departures: Generally, you can arrive at your booked property at any time after 4.00pm and need to leave before 10am on your departure day. (your official arrival and departure times will be in your pre-arrival holiday information email.) If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact the person whose details are given on the pre-arrival documentation so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on the location guide of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
Your Obligations: You and all members of your party agree to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by the Company on behalf of the Owner. You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
Owner Refusal: The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you. (See Section 6) You also must not allow more people than the website states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property. You can also not take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. (See Section 6)
In these situations, no refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). The Owner or the Company will also not be obliged to find any alternative accommodation for you.
Restricted Services: Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Company will tell the Party Leader as soon as reasonably practical after the Company becomes aware of the situation. Neither the Owner nor the Company can accept responsibility for any changes or closures to area amenities or attractions mentioned in brochures, on the website or by the Company’s holiday advisers or advertised elsewhere.
Access: You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice.)
Pets: If you take a pet with you, it is not allowed on beds or furniture, or in any communal facilities, such as swimming pools or shops. Pets should not be left unattended in the property and dogs should be kept on a lead within the boundaries of a property including the garden.
Guide Dogs: Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all properties even where the property description states that pets are not allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.
Dangerous Dogs Act: In the interest of visitor's safety and as a result of Government legislation the Agent is unable to accept the following types of dog: American Pit Bull Terrier, Japanese Tosa, Fila Brasileiro, Doga Argentino, Alsatians, Dobermans and Rottweilers (even where these types of dog are muzzled as required by law.) Dogs (except assistance dogs) are not permitted in any building except the specific house booked. Should we deem your dog to be acting dangerously or to be causing a nuisance, or threat to anyone, we reserve the right to request the dog be removed from the property. Should this occur we would not provide a refund or compensation. It is an offence to not notify the resort of the presence of a dog in your house and can result in a fine.
Liability: As the Company acts only as agent for the Owner, the Company cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by the Owner. Furthermore, the Company cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owner.
Personal Injury: The Owner and the Company shall have no liability for any death or personal injury unless, in the case of the Company, this results from the negligence of the Company or its employees (providing they were at the time acting in the course of their employment) or, in the case of the Owner, it results from the Owner’s negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment).
Personal Property: You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or the Company in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment) or, in the case of the Company, where the damage or loss is caused by the negligence of the Company or its employees (providing they were at the time acting in the course of their employment).
Nothing in this Section 11 or elsewhere in these Booking Conditions will exclude or limit any liability the Owner and/or the Company may have to you for (a) any fraudulent act or omission or (b) liability under Part 1 of the Consumer Protection Act 1987 (or any replacement, variation or amendment thereof) PROVIDED ALWAYS that nothing in this Section 11 will confer on you any right or remedy to which you would not otherwise be entitled by law.
Every effort has been made to ensure that you have an enjoyable and memorable holiday at your chosen accommodation. If, however, you have any cause for complaint the Owner and the Company are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the Owner, any queries or concerns should be addressed to them. It is essential that you contact the Owner or his/her representative immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified. Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should immediately telephone
14. INFORMATION ON THE MICHAEL PAUL HOLIDAYS WEBSITE
Property Descriptions: There may be small differences between the actual property and its description. The Company makes all reasonable efforts to ensure that information supplied to you in relation to the property or its facilities and/or services is accurate and complete as at the date given. As the Company acts only as an agent for the Owner the Company cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services except in the case of the negligence of the Company.
Offline Literature: The Company aims to ensure that the information provided by Owners is accurately conveyed on the website, in brochures and other promotional literature or material produced and circulated by the Company. However, the information and prices on the website, in brochures/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of brochures/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Company at the time of booking.
15. CUSTOMER DATA
The contract between you and the Owner is subject to English law and no other. It is agreed that any dispute you may have with the Owner or the Company will be dealt with by the Courts of England and Wales only unless you live in Scotland, Northern Ireland in which case proceedings may be brought in the Courts of Scotland or Northern Ireland or mainland Europe respectively.
17. YOUR STATUTORY RIGHTS
Your statutory rights are not affected by anything contained within these Booking Conditions.
18. WHERE TO FIND US
Michael Paul Holidays Limited, The Sanctuary, 62 Macrae Rd, Ham Green, Pill, Bristol BS20 0DD. Registered in England and Wales. Company Registration Number: