1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by 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. When the Company issues a written confirmation to you, this signifies that the company has entered into a contract with you, which is subject to these Conditions. The Company has the right to refuse any booking prior to the issue of your written confirmation, and if the Company does this, the Company will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Company.
2. Paying for your property
When you book you should pay the amount then due by debit or credit card, or by sending a cheque to the Company. Providing the booking can be confirmed, the Company will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Company no later than 8 weeks before your arrival date at the property. However, if you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking.
All prices quoted in the website/brochure or otherwise advised to you include Value Added Tax (at 17.5%) where applicable. Should the VAT or IPT rates increase, or any additional taxes or levies be introduced which affect the price of your holiday, you may be required to pay the extra amount. Alternatively, should the rate of VAT, IPT or any government imposed tax or levy included in the quoted prices decrease so that a lower rate applies to your holiday, the price of your holiday will be reduced accordingly.
3. Cancellations or changes to your booking by the Company
The Company does not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Company will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change.
If a significant change has to be made and the change is not acceptable to you, you will receive a full refund of all monies paid to the Company. So as to keep any period of uncertainty to a minimum, the Company will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell the Company as soon as reasonably possible whether you wish to accept any change, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell the Company that you 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.
Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from "force majeure" (please refer to Section 4 below). Please note, no compensation is payable for minor changes. Such minor changes do not entitle you to cancel without paying the normal charges as set out in these Conditions. A minor change is a change which, taking into account the information you gave at the time of booking or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed booking.
4. Circumstances beyond the control of the Company (Force Majeure)
Except where otherwise expressly stated in these Conditions, the Company shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Company to perform or properly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of the Company (referred to as "force majeure" in these Conditions). 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 Company) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure) the company will, however, refund to you all monies paid to the Company by you for your booking. No compensation, expenses, costs or other sums of any description will be payable in such circumstances by the Company to you.
5. Website/brochure details
The Company aims to ensure that the information provided is accurately conveyed
in the website/brochure and other promotional literature or material produced
and circulated by the Company. However, the information and prices in this website/brochure/other
material may have changed by the time you come to book. Whilst every effort
is made to ensure the accuracy of the website/brochure/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. There may be small differences
between the actual property and its description, as the Company is always seeking
to improve services and facilities. 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. The Company cannot accept responsibility
for any changes or closures to area amenities or attractions mentioned in the
website/brochure, by the Company's Holiday Advisers or advertised elsewhere.
The Company makes 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. 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. The Company will, however, use its best endeavours to notify you of
any changes to or inaccuracies in any information contained in the website/brochure
or otherwise provided to you as soon as reasonably practical after the Company
becomes aware of the change or inaccuracy.
6. Liability
The Company shall have no liability for any death or personal injury unless
this results from the negligence of the Company or its employees (providing
they were at the time acting in the course of their employment) You must take
all necessary steps to safeguard your personal property. No liability is accepted
by the Company in respect of damage to, or loss of, such personal property except
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).
7. If you change or cancel your booking
(i) Changes
If you want to change your booking once your confirmation has been issued, an
administration fee of £25 will be payable to the Company once any change
has been made. However, it is important to realise that a change of dates may
have to be treated as the cancellation of one booking and the making of another.
In such cases cancellation charges may be incurred which may be as much as the
total cost of your holiday booking. 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 to 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. So as to keep any period of uncertainty
to a minimum, the Company will, whenever reasonably possible, communicate with
you by telephone and you are required to do the same.
(ii) Cancellations
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 your cancellation in writing
sent by recorded delivery to the Company at the address shown in the website/brochure.
The day the Company receives your telephone notification of cancellation is
the date on which your booking is cancelled.
Depending on your reason for cancellation, you may receive a refund of all monies
you have paid to the Company for you booking (including all booking fees but
excluding, any amendment charges, and credit card charges you have already incurred.
The Company will also retain a cancellation administration fee of £35
per week or per part week per booking.)
Please note: The refund provisions referred to above only apply if the cancellation
applies to all members of your party. Note: All prices are for the entire property
and not on an individual basis.
To qualify for a refund your reason for cancelling must be one of the following,
must apply to a member of your party, and with the exception of pregnancy must
have occurred after you booked your holiday and must prevent you from taking
your holiday. Please note that you will not receive a refund for pregnancy where
the party member is expected to give birth before or within 14 weeks of the
arrival date home -
Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death;
Redundancy (provided employment has been on a continuous basis with the same
employer for at least 2 years); Jury or Witness service (in a Court of Law);
Illness or Death of a close relative (a close relative is defined as one of
the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent,
Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due
to fire, storm, flood, subsidence or malicious damage; your presence is requested
by the Police, following a burglary at your home or place of business, during
the period of your holiday or within the preceding 7 days; your unexpected posting
by HM Forces or cancellation of leave by HM Police (unless the cost of the lost
holiday is recoverable from any other source); or compulsory quarantine. You
may also receive a full refund if you are unable to reach your holiday destination
due to snow or flood conditions or as a result of being involved in an accident
en route (N.B. This only applies if you have made every effort to attempt to
complete your journey. You will need to produce evidence from either the Police,
RAC or AA). Although a refund is available in these circumstances you may prefer
to delay your arrival. In these cases, a 25% refund is available for each 24
hour delay up to a maximum of 72 hours - 75% (For short breaks, a fixed refund
of 50% applies for all arrivals delayed for more than 24 hours). You will be
asked to complete the Company's Booking Cancellation form which may require
signing by a Medical Practitioner or employer and in which the Company may request
further information from a third party.
The following reasons for cancellation do not qualify for a refund as set out
above: suicide or attempted suicide, intentional self-injury, the effect of
intoxicating liquor or drugs, or any other reason which is not specifically
referred to.
Where the reason for cancellation does not fall within one of the qualifications
for a refund as set out above e.g. dis-inclination to travel, leave cancelled
by employer (other than HM Forces or the Police) etc., a cancellation charge
will be payable, based on the number of days before the arrival date at your
properties that the Company receives notification of your cancellation, as shown
in the following table. This means that if you have paid the balance of your
total holiday cost and then have to, or wish to, cancel, you may receive a refund
of part of such cost. However, if you have not paid your total holiday cost
including, where purchased, the premiums for any insurances, by the time of
your cancellation, you may be required to make a further payment by way of cancellation
charge. For the purpose of this table, cost means the total cost of the booking,
including any extra items, credit card charges and administration fee paid for
making any change. Please note that no insurance premiums or any such administration
fee are refundable.
| Number of days before arrival date that notification of cancellation
is received |
Cancellation Charge |
| More than 56 days |
Full Deposit (including any Balance of Deposit due) |
| 29-56 days |
50% of cost or Full Deposit (including any Balance of
Deposit due), whichever is the greater |
| 15-28 days |
75% of cost |
| 1-14 days |
90% of cost |
| On arrival date or later |
Total cost |
If any payment due in relation to your booking is not paid by the appropriate
date, the Company is entitled to assume that you wish to cancel your booking.
In this case, the Company will be entitled to keep all deposits paid or due at
that date. The Company normally sends out a reminder to you before your booking
is cancelled. If the Company does not cancel straight away because you have promised
to make payment, you must pay the cancellation charges shown in clause above depending
on the date the Company reasonably treats your booking as cancelled.
If you live outside the UK and have booked your holiday through a local agent,
the term "cost" in the above cancellation charges table means the amount
paid by your local agent to the Company after deducting any insurance premiums
and any administration charge paid to the Company for making any change. For the
avoidance of doubt, "cost" does not include any charges made by your
local agent or other third parties for booking fees, flights, other travel services
or any other amounts not paid to the Company.
(iii) Curtailment of your holiday
A refund as set out above is also available if your holiday is cut short for any
of the qualifying reasons set out in (ii) above. In this case, you will be reimbursed
for the appropriate proportion of the holiday charge. This only applies if the
property is vacated by all persons in your holiday party. Where your holiday is
curtailed for medical reasons affecting any persons in your party, you will need
to produce a certificate from a local doctor, confirming the necessity of returning
home.
8. Your property
You can arrive at your property after 3pm on the start date of your holiday rental
and you must leave by 10.00am on the last day. 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 location guide 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.
You and all members of your holiday rental party agree both 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 holiday rental 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. You are responsible to the Company 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 holiday rental party, and the Company can require payment from you to
cover any such costs.
The Company 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 Company reasonably believes that any damage
is likely to be caused, has been caused or is being caused by you or any members
or your holiday rental party. These circumstances will be treated as a cancellation
by you. No refund of any monies you have paid in respect of your booking will
be made and 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). In this situation, the Company is not under any obligation
to find any alternative accommodation for you. You must not allow more people
than the website/brochure states to occupy the property, neither can you significantly
change the composition of the holiday rental party during your occupation of the
property, nor can you 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
Company can refuse to hand over the property to you, or can repossess it. If the
Company does so, this will be treated as a cancellation by you. No refund of any
monies you have paid in respect of your booking will be made and the Company will
not 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). In this situation, the Company is not under any obligation to
find any alternative accommodation for you.
You must allow the Company 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 company is entitled to enter
the property at any time without giving you prior notice).
9. Pets
The Company does not allow pets to be taken to the property. If it is evidenced
that pets have been in the property then a charge of £35 will be made against
the party leader.
10. Communicating With You
For the purposes of the Data Protection Act 1998, Quays 8 Ltd are the sole data
controller of all personal data provided to the Company by customers and prospective
customers. In order to process your booking the Company needs to collect certain
personal details from you for example names and addresses of party members, credit/debit
card or other payment details, special requirements such as those relating to
any disability or medical condition which may affect any party member's holiday
arrangements and any dietary restrictions which may disclose religious beliefs.
If the Company need any other personal details, it will tell you before it obtains
them from you. The Company needs to pass on your personal details to the companies
and organisations who need to know them so that your holiday rental and any travel-related
services (if any) can be provided (for example the property owner(s), and any
key holder(s) of such property (if not the property owner(s)), other suppliers,
your credit/debit card company or bank, the insurance company if you purchase
Company's recommended personal travel insurance policy or for verification of
details relating to your holiday rental and any travel-related services booked.
Such individuals, companies and organisations may be outside the European Union,
Norway, Iceland and Liechtenstein. Data protection legislation in those countries
may differ from that in the UK.
The Company also needs to process and store your personal details for their own
administration, market analyses and operational reviews. The Company would also
like to store and use your personal details for future marketing purposes (for
example, sending you brochures or details of promotions and offers which the Company
feels may be of interest to you). All details you give to the Company at any time
will be kept, but only names, contact details and any booking preferences will
be used for marketing purposes unless you are informed otherwise when you provide
the information.
Except where expressly permitted by the Data Protection Act 1998, the Company
will only deal with the personal details you give to it as set out above unless
you agree otherwise. You are generally entitled to ask the Company (by letter,
fax or e-mail) if and how it is processing your personal details. The Company
is entitled to charge a fee in responding to such a request. The Company promises
to respond to your request within 40 days of receiving this in writing and payment
of the appropriate fee (if required by the Company). In certain limited circumstances
the Company is entitled to refuse your request. The Company may also record or
monitor telephone calls to and from the Company without notification for staff
or training purposes.
10. Law
The contract between you and the Company is subject to English law and no other.
It is agreed that any dispute you may have with the Company will be dealt with
by the Courts of England and Wales.
11. Your rights
Your statutory rights are not affected by anything contained within these Conditions.
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