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Contract of Hire
Derbyshire Country Cottages (DCC) act only as a booking agent. The
contract of hire is between the holidaymaker and the owner of the
holiday cottage and is not effective until DCC issue to the holidaymaker
the written Confirmation of Booking.
The name and address of the cottage owner will be provided to the
holidaymaker on request at any time.
Payments
A Confirmation of Booking will be dispatched when DCC have received
from the holidaymaker the deposit for the holiday and the holiday
cancellation insurance premium together with the completed Booking
Form.
Payment of the balance of the total holiday cost is required eight
weeks before the start of the holiday. DCC reserve the right to
cancel the holiday where full payment has not been received by that
date.
Full payment for the holiday is required at the time of booking
when this is within eight weeks of the start of the holiday.
Value Added Tax
Where VAT applies to the payments it is included in the quoted price
of the holiday at the rate applicable at the time of printing. If
the rate is subsequently varied then the price of the holiday will
be changed in accordance with the variation. DCCs Confirmation
of Booking is not a VAT invoice.
Cottage Availability
The contract of hire is made on the understanding that the cottage
and its facilities as described will be available on the holiday
dates that are booked.
In the unlikely event that the cottage and its facilities are not
available then DCC will advise the holidaymaker immediately and
may be forced to cancel the booking.
The holidaymaker may be offered alternative cottage accommodation.
If this is not available or acceptable to the holidaymaker this
will entitle the holidaymaker to a full refund of all monies paid.
The holidaymaker will not, as a result, have any further claim against
DCC.
Holiday Cancellation
DCC should be notified immediately by telephone if the holidaymaker
considers it is necessary to cancel the holiday and this should
be followed by written confirmation of the cancellation and a claim
against the holiday cancellation insurance policy.
In the case of claims against DCCs insurance policy which
are not valid, DCC will endeavour to re-let the holiday cottage.
If DCC are successful a full refund of the monies paid, less the
insurance premium and an administration charge of £20 per
week booked, will be provided within four weeks of the cottage being
re-let.
If DCC are unsuccessful in re-letting the holiday cottage the
holidaymaker will be liable to pay the full cost of the holiday
and the holiday cancellation insurance premium, whether or not the
final balance of the holiday cost had been paid at the time of cancellation.
Holiday Alterations
DCC are unable to alter a holiday booking after a Confirmation of
Booking has been issued to the holidaymaker.
In exceptional circumstances it may be possible to change the dates
of the holiday in the cottage which has been booked provided DCC
are advised at least eight weeks before the start of the holiday
which had been booked and on payment of a £20 administration
charge.
Party Numbers
Under no circumstances may more than the maximum number of people
stated on the Confirmation of Booking occupy the holiday cottage.
DCC and the cottage owner reserve the right to refuse admittance
to the holiday cottage if this condition is not observed or if,
in their opinion and at their sole discretion, the holiday party
is unsuitable for the property.
DCCs Responsibilities
DCC take every care to ensure the accuracy of the holiday and cottage
descriptions. All information is provided in good faith and believed
to be correct at the time of publication.
DCC cannot be held responsible for any changes beyond their control
which may become known after publication but DCC will notify the
holidaymaker of any such changes as soon as they do become known.
DCC cannot accept liability for loss, injury or damage arising from
the holidaymakers use of the cottage accommodation and amenities
which shall be entirely at the users own risk. However, DCC
do not seek to exclude or limit liability for the negligence of
servants or agents that they employ.
DCC cannot accept liability for events outside their reasonable
control such as breakdowns of domestic appliances, plumbing, wiring,
temporary invasion of pests, exceptional weather damage or the cottage
owners negligence which may result in loss, injury or damage.
Holidaymakers Responsibilities
The holidaymaker is responsible for paying the total price of the
holiday and all extras as shown on the Confirmation of Booking issued
by DCC.
The holidaymaker is also responsible for the cottage during the
period of the holiday booking and is expected to take all reasonable
care of the cottage and its furniture, fittings, equipment and utensils.
The holiday is required to familiarise with the Safety Statement
included in the information pack in the cottage to ensure personal
safety and that of the cottage.
The holidaymaker undertakes to leave the cottage and its furniture,
fittings, equipment and utensils clean and tidy at the end of the
holiday and to advise the cottage owner of, and pay for, any damage
or breakages (fair wear and tear excluded) which may occur.
The holidaymaker will allow the cottage owner or the owners
representative access to the cottage at any reasonable time during
the period of the holiday.
The holidaymaker is responsible at all times for all luggage and
personal belongings, vehicles and their contents and DCC and the
cottage owner cannot accept any liability for loss or damage.
Complaints Procedure
In the unlikely event that the holidaymaker is not entirely satisfied
with the holiday cottage, contact should be made immediately with
the cottage owner or the owners representative so that the
difficulty can be resolved. If, for any reason, a satisfactory solution
cannot be found the holidaymaker should then make contact with DCC
during the holiday to give the agents the opportunity to resolve
the situation.
Any complaints which remain unresolved at the end of the holiday
should be notified in writing by the holidaymaker to DCC within
seven days of return from the holiday. Unless the above procedure
is followed DCC cannot entertain a claim arising out of the complaint.
Legal Provisions
All contractual obligations arising out of these booking conditions
shall be deemed to come into existence in Matlock, Derbyshire and
be subject to English Law and the exclusive jurisdiction of the
English Courts.
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