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This notice is issued by Greenstone FHL Limited a UK registered limited company trading as Luxury Cotswolds Rentals (CRN: 07975539) (hereafter referred to as “We”, “Us” or “Our”).
ATTENTION: This legal notice applies to the entire contents of the website under the domain name https://luxurycotswoldrentals.co.uk (the “Website”) and to any correspondence by e-mail between Us and you. This page (together with the documents expressly referred to in it) tells you information about Us and the legal terms and conditions (“Booking Conditions”) on which We provide services. Please read these Booking Conditions carefully before using the Website. Using the Website indicates that you accept these Booking Conditions regardless of whether or not you choose to register with Us. If you do not accept these Booking Conditions, please do not use the Website.
1.1 We arrange holiday rentals on behalf of owners, property managers and agencies (“Owners”) who have properties in the Cotswolds (each a “Property”) by taking and arranging bookings from holiday guests (“Guests”) for the Property through the medium of Our Website (a “Booking”) (collectively the “Booking Services”).
1.2 If a Guest uses the Booking Service, and stays at any Property owned by an Owner, any rental agreement entered into in relation thereto is between the Owner and the Guest (the “Rental Terms”). We will not be a party. Any issues arising under the Rental Terms should be addressed by the Guest to Us, and We will consult the Owners. We will provide to the Guest the Owners name and contact details if requested to do so.
1.3 The Rental Terms will be entered into between the Owner and the Guest after We have issued a Booking confirmation email on behalf of the Owner and once the Guest has made payment of the rental deposit or full rental amount (as required at the time of Booking) in accordance with clause 2 below. The payment of the rental deposit in respect of the Property and the issuing of a confirmation email are deemed to confirm acceptance of the Owner’s Rental Terms and these Booking Conditions.
1.4 The Rental Terms between the Owner and Guest will be subject to these Booking Conditions.
1.5 Nothing in the Rental Terms or these Booking Conditions shall create the relationship of landlord and tenant between the Guest and the Owner.
1.6 A potential Guest may only use the Booking Services if the Guest is at least 18 years old. We are not liable for the inability or failure of the Owner or the Guests to fulfil the Rental Terms and We are not liable for any losses or damages that occur as a result.
1.7 Our responsibilities are limited to facilitating the availability of the Website, the Booking Services and serving as the payment collection agent of the Owner for the purpose of accepting Fees (as defined below) from Guests on behalf of the Owner.
1.8 For the avoidance of doubt We not do offer any travel or package services to Guests.
2.1 Payments can be made by electronic bank transfer or credit/debit card. We act as the authorised payment collection agent for the Owner for the purpose of accepting Fees (defined below) paid by credit or debit card from the Guests on behalf of the Owner to who they are remitted. The Guest will be asked to provide customary billing information such as their name, billing address and credit card information either to Us or Our third party payment processor. The Guest agrees to pay Us, as payment agent for the Owner, for any Bookings made by credit/debit card in accordance with these Booking Conditions. Payments made by bank transfer shall be payable directly from the Guests to the Owner or to Us on behalf of the Owner to who they are remitted.
2.2 The following fees are payable by the Guest:
2.2.1 on the day of the date of the Rental Terms fifty (50) per cent of the total Booking cost; and
2.2.2 the balance of the total Booking cost (“Balance Fee”) no later than twelve (12) weeks before the start of the Guest’s trip (unless otherwise notified).
(together, the “Fees”).
2.3 If a Booking is made less than twelve (12) weeks before the start of the Guest’s trip, full payment of the Fees must be received on the date of entry into the Rental Terms.
2.4 If the Guest does not pay any Fees due in relation to the Booking by the appropriate date, We, on behalf of the Owner, are entitled to assume that the Guest has cancelled the Booking. Any cancellation will be subject to the contract between the Owner and the Guest.
3. SECURITY/DAMAGES DEPOSIT
3.1 A security damage deposit payment is required by all Owners prior to a Guests stay. The security damage deposit is different for each Property and will be a cost of between £500 and £5,000; the amount will be advised to the Guest at the time of Booking by the Owner.
3.2 Access to the Property will be denied if full payment of the security damage deposit has not been made prior to a Guests stay, the Booking will be treated as a cancellation and no refund will be due or issued.
3.3 The security damage deposit will be refunded in full within fourteen (14) days of your departure from the Property if the Property is left in a satisfactory condition and all invoices have been paid as detailed in clause 3.4.
3.4 The Guest hereby agrees to give Us authorisation acting on behalf of the Owner to deduct from the security damage deposit any amount that We consider appropriate in the event that the Guest or anyone in their group staying at the Property causes neglect or damage to the Property, there is damage or loss of contents, the Property is left in an unreasonable state, incurs a need for extra cleaning or leaves the Property without settling invoices for additional services or supplies received during their stay in breach of any of these Booking Conditions or the contact between the Guest and the Owner.
3.5 In the event the loss or damage caused by the Guest or anyone in their group exceeds the security damage deposit amount We will notify the Guest of any additional amount owing and the Owner reserves the right to pursue recovery of any additional cost over and above the security deposit amount.
3.6 The security damage deposit must be paid only via the Security / Damages Deposit – Debit / Credit Card channel as directed upon request. If the Security / Damages Deposit – Debit / Credit Card channel is not used We reserve the right to charge a 10% (of the amount of the security damage deposit) administration fee to process a manual refund.
4. CANCELLATION BY YOU
Any cancellation made by the Guest for whatever reason must be in writing and the terms of the cancellation will be as per the Owner’s terms supplied prior to the original Booking payment. We strongly recommend Guests take out cancellation insurance.
5. CHANGE OF DATES
Any change of dates is at the discretion of the Owner and must be made in writing and will be subject to the Rental Terms supplied prior to the original Booking payment.
All Guests can opt to purchase various additional concierge services or request any additional concierge services or recommendations directly from the Us. All Guests acknowledge and accept that any contract for the supply of such additional concierge services is between the Guest and the relevant third party supplier. We are not a party to, nor do We have any obligations under, that third party contract. We further do not give any representations, warranties and/or guarantees in relation to the additional concierge services We bring to your attention and We accept no liability whatsoever for any loss or other damage incurred as a result of any Guest using such additional concierge services arranged, recommended or booked by Us .
VAT is included in the Fees where applicable.
8. USE OF THE PROPERTY
Guests are required to adhere to all stipulations and conditions in relation to use of the Property as set out in the respective Rental Terms.
9.1 Should there be a cause for complaint by the Guest during the occupation of the Owner’s Property, the Guest must notify Us and/or the Owner within 24 hours of it arising and in the event of a serious incident, notification must be confirmed in writing. Failure to follow this procedure will result in less ability to investigate and rectify the complaint; and the amount of compensation you may be entitled to may be reduced or you may not receive any compensation at all depending upon the circumstances.
9.2 If you believe the issue has not been dealt with in a satisfactory manner during your stay you should write to Us within fourteen (14) days of your return quoting your original Booking reference and detailing your complaint in full. This report must be written by the Guest whose name is on the original Booking.
9.3 It is the responsibility of the Owner and the Guest to resolve any disputes arising including those relating to any security damage deposit claims in accordance with Clause 3.4. as We are not and cannot become responsible since the Rental Terms are between the Guest and the Owner.
10. WEBSITE AND ADVERTISEMENTS
10.1 We reserve the right to change the advertised or quoted prices as a result of errors or omissions. The Guest will be notified of any changes resulting from errors or omissions as soon as possible. The prices quoted on the Booking email will not be subject to this clause 10.
10.2 We do not accept any liability for misrepresentation or changes made by the Owner to the Property descriptions, therefore We reserve the right to change any of the facilities or services provided.
10.3 Whilst We keep the descriptions and photographs of the Properties as current as possible any descriptions and photographs displayed are for illustrative purposes only and are subject to change.
10.4 Your use of Our Website is governed by Our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
Our responsibility for loss or damage suffered by you if you are a consumer
11.1 We are responsible to you for foreseeable loss and damage caused by us. If We fail to comply with these Booking Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. We are not liable for business losses.
Our responsibility for loss or damage suffered by you if you are a business
11.3 Nothing in these Booking Conditions limits or exclude Our liability for:
11.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; and
11.3.2 Our fraud or Our fraudulent misrepresentation.
11.4 Subject to clause 11.3 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Rental Terms for:
11.4.1 any loss of profits, sales, business, or revenue;
11.4.2 loss or corruption of data, information or software;
11.4.3 loss of business opportunity;
11.4.4 loss of anticipated savings;
11.4.5 loss of goodwill; or
11.4.6 any indirect or consequential loss.
11.5 Subject to clause 11.3 Our total aggregate liability to each Guest in respect of all other losses arising under, or in connection with, the Rental Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise in any calendar year, shall in no circumstances exceed the total Fees paid by a Guest.
Responsibility to both businesses and consumers
11.6 Furthermore, the Owner and the Guest understand and agree that We are not a party to any Rental Terms entered into between the Owner and the Guest, nor are We a real estate broker or insurer. We have no control over the conduct of the Owner or the Guests or any Property, and disclaim all liability in this regard. In addition We accept no liability for loss or damage to the Guests possessions on the Owners Property or land.
11.7 No term of the Rental Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Rental Terms
11.8 If the Property which the Guest has booked becomes unavailable or unusable for an unforeseen reason prior to the date of Booking, then We will:
(a) use its best efforts to find an alternative Property or failing which;
(b) use reasonable endeavours to procure that the Owner reimburses the Guest any monies paid in respect of the Fees;
(c) in all cases Our and the Owner’s liability is limited to the total price paid by the Guest for the specific Booking.
11.9 We include a number of suppliers on www.luxurycotswoldrentals.co.uk, and within the Property details provided to the Guest from time to time including at the time of Booking. We can accept no liability for any goods or services provided by these suppliers. The Guest should check and agree to the suppliers own terms and conditions before trading with them.
11.10 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Booking Conditions that is caused by an event outside Our control. An event outside Our control includes fire, explosion, flood, storms, earthquake or other natural disaster, droughts, subsidence, acts of God, war, terrorism, epidemic or pandemic, sabotage, nuclear or chemical or biological contamination, action of any governmental authority, embargo, strike or labour dispute, unavoidable technical problems, failure of telecommunications networks, closure or delays at airports, cancellation and changes by airlines and all travel disruptions. If an event outside Our control takes place that affects the performance of Our obligations under the Booking Conditions We will contact you as soon as reasonably possible to notify you and Our obligations under the Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the event outside Our control.
11.11 We may transfer the rights and obligations under these Booking Conditions to another individual, but this will not affect your rights or Our obligations under these Booking Conditions.
We do not warrant and are not responsible for the accuracy of any verbal information given or statements made by Our employees or agents.
13. RIGHT OF ENTRY
We or the Owner shall be allowed the right of entry to the Property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance during the duration of the Rental Terms or in the event of a breach of these Booking Conditions.
14.1 We or the Owner reserve the right to terminate the Rental Terms and require, without refund, the immediate departure of all Guests or anyone in their group from the Property in the event of a serious breach of the Rental Terms with the Owner and or these Booking Conditions. A breach may include but is not limited to the following events:
14.1.1 serious damage to the Property which may exceed the security damage deposit;
14.1.2 a criminal or illegal act;
14.1.3 unreasonable or abusive behaviour;
14.2 excessive noise which could adversely affect the rights of Us or the Owner to be able to continue to operate the Property for rentals or involve authorities or police in any form of complaint or investigation; and
14.3 exceeding the number of Guests as stipulated in the Property description and/or Booking email.
15. ENTIRE AGREEMENT
These Booking Conditions and any document expressly referred to in them constitute the entire agreement between a Guest and Us. A Guest acknowledges that they have not relied on any statement, promise or representation made or given by Us or on Our behalf which is not set out in these Booking Conditions or any document expressly referred to in them.
16. HOW WE USE YOUR PERSONAL INFORMATION
17.1 We amend these Booking Conditions from time to time. Every time you wish to use Our Booking Services, please check these Booking Conditions to ensure you understand the terms which will apply at that time. These Booking Conditions were most recently updated on [●] 2018. The Guest should print a copy of these Booking Conditions or save them to their computer for future reference.
17.2 All content that appears on these Booking Conditions, and the Website itself, is protected by copyright and database rights. Reproduction of the Website, in whole or in part, including the copying of text, graphics or designs, is prohibited.
17.3 We may occasionally undertake upgrades of the Website in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Website. We will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Owner’s and Guest’s usage is least affected.
17.4 If We fail to insist that an Owner or Guest performs any obligations under these Booking Conditions, or if We do not enforce Our rights, or if We delay in doing so, that will not mean that We have waived Our rights and will not mean that the Owner and the Guest do not have to comply with those obligations. If We do waive a default by an Owner or a Guest, We will only do so in writing, and that will not mean that We will automatically waive any later default by an Owner or a Guest.
17.5 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.