Vercana Booking Conditions
VERCANA HOT TUB LODGE, CORNWALL BOOKING TERMS AND CONDITIONS
1. YOUR BOOKING
The Michael Paul Holidays Terms & Booking Conditions sets out the Company’s position and the Guests’ terms of engagement with Michael Paul Holidays.
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 an email 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 booking fees. Payments can be made online or over the phone on the 01275 288010 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 arrival 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 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.
We will normally contact you to establish the circumstances before cancelling but this is by no means an obligation; you will be sent notification by email that their holiday has been cancelled in this circumstance.
If Michael Paul Holidays gets in touch with you but 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.
2.3 Last Minute Bookings: If you wish to secure a booking where the arrival date falls on or inside 8 weeks, the full balance plus any applicable booking fee will be due immediately. The booking will be confirmed once Michael Paul Holidays has received the correct monies and sent you a confirmation email or letter.
2.4 Security Deposit: You may be required to provide a security deposit cheque for specific properties in case of damage to the property during your holiday. The cheque should be sent to Michael Paul Holidays, The Sanctuary, 62 Macrae Road, Pill, Bristol, BS20 0DD ahead of your stay. Some Owners 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.
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 288010.
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 you are 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 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
Your contract is with the Owner of the holiday home, and the Owners specific cancellation policy is applicable.
5.1 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. CHANGES TO THE BOOKING
Your contract is with the Owner of the holiday home, changes to your booking are at their discretion.
6.1 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).
6.2 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 depending on the Owners Booking Conditions. 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.
7. FORCE MAJEURE (CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER/COMPANY).
7.1 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.
7.2 By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, pandemics, destruction or damage of the property by any cause (other than negligence of the Owner or the Company) and all similar situations. In cases (for example where your booking has to be cancelled before departure due to force majeure) the Company on behalf of the owner will not be able to refund you any monies paid to the Company or the Owner 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.
8.1 We recommend all bookings made through us are covered by adequate Travel Insurance. It is unlikely that insurance against a Pandemic will be available.
8.2 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.
9. YOUR PROPERTY
9.1 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 6.00pm 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.
9.2 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. The cost of breakages may not be covered by the security deposit.
9.3 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 5) 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.
9.4 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.
9.5 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.
9.6 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.)
9.7 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.
10.1 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.
10.2 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.
10.3 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.
11.1 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.
11.2 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).
11.3 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).
11.4 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.
12. INFORMATION ON OUR WEBSITE AND IN PROMOTIONAL MATERIALS
12.1 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.
13. CUSTOMER DATA
14.1 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.
15. YOUR STATUTORY RIGHTS
15.1 Your statutory rights are not affected by anything contained within these Booking Conditions.
16. WHERE TO FIND US
16.1 Michael Paul Holidays Limited, The Sanctuary, 62 Macrae Rd, Ham Green, Pill, Bristol BS20 0DD. Registered in England and Wales. Company Registration Number: 04829605. VAT Registration Number: GB 917 7541 04.