Terms & 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.
1. YOUR BOOKING
1.1 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.
1.2 The Party Leader: The Party Leader must be at least 18 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.
1.3 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.
1.4 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.
1.5 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.
1.6 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
2.1 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 plus any applicable payment processing and booking fee. Payments can be made online or over the phone on the 01275 371133 number. Other payment methods are only available at the discretion of The Company. Your booking will be confirmed with the Party Leader when the Company has received the correct monies.
2.2 Holiday Balance: The final balance is due 8 weeks before departure and can be paid over the phone using a debit or credit card or online by logging into your customer account. Each payment is subject to any applicable processing or booking fees. 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.
2.3 Last Minute Bookings: If the Guest wishes to secure a booking where the departure date falls on or inside 8 weeks, the full balance plus 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.
2.4 Security Deposit: You may be required to provide a security deposit cheque for specific properties. The cheque should be sent to Unit B1, The Old Brewery, Lodway, Pill, Bristol, BS20 ODH ahead of your stay. After the property has been inspected following your departure the cheque will be returned to you by post or destroyed depending on your preferences. If there is damage to the property, the cheque shall be cashed without notification. When the money arrives in our bank account we shall contact you to explain the damages and refund any excess money taken back to you. Some Owners instead require a security deposit to be provided on arrival at the property. If this is the case it will be stated in the website property description and you will be expected to comply.
2.5 Paying with Gift Vouchers: If you are redeeming a Michael Paul Holidays gift voucher you can only make payment of either the deposit or the full price by telephoning us on 01275 371133.
3. PRICES AND COSTS
3.1 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.
3.2 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
4.1 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.
4.2 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
5.1 In certain circumstances your booking may be cancelled by the Company. There are several reasons your booking may be cancelled by the Company:
- Because the balance has not been paid by the prescribed due date
- Because there has been an issue with the property
- Because of an administrative error
- Because the Guest has failed to comply with the property or booking requirements (e.g. an under 18 party or a stag/hen party where not allowed)
- 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
5.2 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.
5.3 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.
5.4 If the company cancels because of an administrative error (i.e. a double booking) then the Guest will receive a full refund.
5.5 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.
5.6 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
6.1 If you 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.
6.2 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.
6.3 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. If the change in date brings about an increase in price, such increase will be charged in addition.
7. CHANGES TO YOUR BOOKING (I) BY THE COMPANY
7.1 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.
7.2 Minor Changes: 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.
7.3 Major 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 significant damage to the booked property.
7.4 Major Change Procedure: 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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
8.1 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).
8.2 It is important to realise that a change of property or dates may have to be treated as the cancellation by 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)
8.3 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)
9.1 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.
9.2 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 such circumstances by either the Owner or the Company to you.
10.1 We highly recommend taking out holiday insurance. Most of the policies available provide for refunds in the event of cancellation or curtailment however there are always circumstances where the cover does not apply so do read and understand the wording on the policy document. www.comparethemarket.co.uk is a great tool to find the best holiday insurance deals.
10.2 If you have taken out holiday insurance, you may be able to recover all or some of the monies you have paid to the Company for your booking through your travel insurance company. Please note, the Company will retain an administration fee of £35 per booking if we are required to communicate in any way with the insurance company. This may be refundable by the insurance company.
11. YOUR PROPERTY
11.1 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.
11.2 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.
11.3 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)
11.4 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.
11.5 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.
11.6 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.)
11.7 Where facilities such as internet access are offered, this is an indication that such services are available however no guarantees are made over the speed and quality of the service.
12.1 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.
12.2 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.
12.3 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.
13.1 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.
13.2 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).
13.3 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).
13.4 Nothing in this Section 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 will confer on you any right or remedy to which you would not otherwise be entitled by law.
14.1 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.
14.2 Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. Complaints of a transient nature (for example, regarding preparation or heating of the property) cannot be investigated unless you inform the owner whilst you are in residence.
14.3 If you cannot contact the Owner or his/her representative, or if you remain unhappy with their response, you should immediately telephone 01275 371133. If, after this, you feel that the problem has not been resolved to your satisfaction, then the Party Leader must, within 30 days of returning from your holiday rental, put your complaint in writing to the Company. This will then be passed on to the Owner. Send your letter by recorded delivery to the Company’s Office at Unit B1, The Old Brewery, Lodway, Pill, Bristol, BS20 0DH marked for the attention of the Customer Relations Department. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help the Owner and the Company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
14.4 As the Company acts only as an agent for the Owner, the Company 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.
15. INFORMATION ON OUR WEBSITE AND IN PROMOTIONAL MATERIALS
15.1 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. Occasionally an Owner will make changes to the set-up of their property after publication of the Company’s promotion material for which the Company cannot be held responsible. Where these changes materially alter the nature of a booking the Company will contact the Party Leader informing them of the nature of the changes.
16. CUSTOMER DATA
17.1 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.
18. YOUR STATUTORY RIGHTS
18.1 Your statutory rights are not affected by anything contained within these Booking Conditions.
19. WHERE TO FIND US
19.1 Michael Paul Holidays Limited, Unit B1, The Old Brewery, Lodway, Pill, Bristol, BS20 ODH. Registered in England and Wales. Company Registration Number: 04829605. VAT Registration Number: GB 917 7541 04.