Booking Terms & Conditions

This Agreement is made between the owner of the property (“the Property Owner”) and you and all the members of your holiday rental party in respect of the property. The Property Owner delegates certain administrative responsibilities in relation to the Property to its sales and marketing agent Fort Victoria Cottages.

1. Condition Precedent

1.1 You must be at least eighteen (18) years of age at the time of booking and be booking as a consumer as opposed to in any business capacity.

1.2 You must ensure that all members of your holiday party have read the terms and conditions contained herein and accept them in full. Completion of the booking form online will represent that all members of the party have agreed to these terms and conditions. Liability under this Agreement is joint and several between all members of the party.

2. Incorporation of website terms and conditions

The terms and conditions contained on the website of Fort Victoria Cottages (www.fortvictoriacottage.co.uk) also form part of these terms and conditions, which govern the agreement between you and the Property Owner.

3. Letting of the Property

3.1 Upon the issue of a written confirmation to you, the Property Owner will be deemed to have entered into a contract with you subject to these terms and conditions. The Property Owner has the right to refuse any booking prior to the issue of your written confirmation and in such event any deposit received will be returned to you immediately.

3.2 On receipt of your written confirmation, the details must be checked carefully by you. If anything is not correct then you must notify Fort Victoria Cottages immediately.

4. Bookings

4.1 On booking the Property, you should pay the deposit (or in the case of holidays commencing within six (6) weeks of the booking date the full balance), and the options on how to pay appear on the website. Fort Victoria Cottages will then send written confirmation to you as soon as possible showing your booking details and the balance of your holiday cost (if applicable), which must be received by Fort Victoria Cottages no later than one (1) month before your arrival date.

4.2 Where the balance of the holiday cost is due one (1) month before your arrival date an invoice will be issued for all outstanding amounts relating to your booking and you must ensure that such payment reaches Fort Victoria Cottages on time. If you do not receive an invoice requesting payment please contact us immediately. The Property Owner may re-let the Property if no payment is received by the due date. In such circumstances the deposit paid by you will be forfeited and you remain liable for the full amount of the holiday cost in such circumstances (although credit will be given for any monies received as a result of re-letting).

5. Price and Facilities

5.1 The Property Owner and its agent reserve the right to amend prices quoted on www.fortvictoriacottage.co.uk due to errors or omissions.

5.2 The Property Owner and its agent reserve the right to change facilities quoted on www.fortvictoriacottage.co.uk due to errors or omissions. The Property Owner and its agent also reserve the right to alter or withdraw amenities or facilities, which have been previously advertised as being available where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond the control of the Property Owner or its agent.

6. Changes to or cancellation of the booking

6.1 As a private individual and consumer, you have a statutory right to cancel any booking made by you within seven (7) calendar days of making payment. If you wish to exercise this statutory right you must serve notice on our agent, Fort Victoria Cottages, within seven (7) calendar days of making payment, sending notice of your cancellation in writing to info@fortvictoriacottage.co.uk. On receipt of such notice Fort Victoria Cottages will refund any monies debited from you for the Property direct to you.

6.2 If you have to or wish to cancel your booking at any time other than pursuant to Clause 6.1 above, you must send notification to info@fortvictoriacottage.co.uk.

6.3 In the event of cancellation by you, cancellation charges will be payable. If cancellation occurs more than thirty (30) days prior to the holiday start date, this will be the deposit. If cancellation occurs less than thirty (30) days prior to the holiday start date, this will be 100% of the holiday cost. If you have not paid your total holiday cost you may be required to make a further payment although credit may be given for any monies received as a result of re-letting (less any administrative costs of re-letting).

6.6 In the event that the Property Owner (acting by Fort Victoria Cottages) wishes to cancel your holiday booking for any reason, they shall be able to do so up to two (2) months prior to your holiday start date with no further liability to you other than the return of any deposit or monies previously paid by you.

6.7 In the event that the Property Owner (acting by Fort Victoria Cottages) wishes to cancel your holiday booking for any reason (other than a force majeure reason set out in Clause 12), less than two (2) months prior to your holiday start date, the Property Owner (acting by Fort Victoria Cottages) shall, at the sole discretion of Fort Victoria Cottages, either (i) try to relocate you in similar or superior accommodation or (ii) return any deposit or monies previously paid by you.

6.8 In consideration of the above sum, you agree that this is a reasonable pre-estimate of any likely loss to you and that such amount discharges the Property Owner (and Fort Victoria Cottages) from any liability to you and is in full and final settlement of any claims against them.

7. Tenants Obligations

7.1 Please refer to your welcome email from Fort Victoria Cottages for details of times of arrival and departure. Arrangements for collection of keys will also be confirmed to you in this email.

7.2 Some properties require you to pay a security deposit before arrival and again please refer to the website of Fort Victoria Cottages to see whether this applies to your Property. Any security deposit will be refunded to you within ten (10) days of the end of your holiday (less any costs for breakages or damage). You are responsible to the Property Owner or its agent for any loss, breakage or damage to the Property and/or its contents howsoever caused (reasonable wear and tear excluded).

7.3 You agree to keep the Property clean and tidy and to leave the Property in a similar clean condition as you found it upon your arrival.

7.4 You agree not to exceed the number of people stipulated in the Property description on the website of Fort Victoria Cottages, not to allow other people on the Property and not to cause annoyance or become a nuisance or to cause excessive noise to occupants of adjoining premises.

7.5 You further agree not to use the Property for any commercial purpose (other than a commercial purpose notified to and agreed with Fort Victoria Cottages in writing in advance) including without limitation assigning or sub-letting the same or otherwise allowing anyone to occupy it that has not been notified as part of your party to Fort Victoria.

7.6 Pets are only permitted with the prior written permission of the Property Owner and, where permitted, are to be kept under control e.g. dogs are to be kept on a lead in the communal areas such as the car park and communal gardens. Pets are not permitted in the bedrooms or on the furniture and no responsibility is accepted by the Property Owner for their safety. You are responsible for clearing up after your pet, and doggie bags are required to be carried at all times.

7.7 You agree that the person completing the Booking Form (on behalf of all the members of the party) is authorised to agree the terms and conditions contained herein and on the website of Fort Victoria Cottages on behalf of all persons staying at the Property. .

7.8 Your vehicles and their accessories and contents are left at the Fort Victoria Cottages car park entirely at your risk.

8. Complaints

8.1 Any queries or complaints arising when you arrive at the Property or during your stay (regarding maintenance or facilities) should be addressed in the first instance to Fort Victoria Cottages by emailing info@fortvictoriacottage.co.uk or telephoning (01983) 760972

8.2 It is important that any complaints are registered with Fort Victoria Cottages (acting on behalf of the Property Owner) immediately as complaints of a transient nature (for example, the heating of the Property) cannot be investigated or rectified unless they are registered whilst you are in residence.

8.3 No guarantee can be given that Fort Victoria Cottages will be able to remedy any defects or answer any queries you may have but they will endeavour to assist you and to contact the Property Owner in when necessary.

9. Insurance

It is recommended that you arrange suitable insurance to protect yourself from the cost of cancellation and for any personal belongings you may take into the Property with you. No insurance is included in the quoted holiday cost.

10. Termination

10.1 Either party shall be entitled to terminate this Agreement with immediate effect on written notice if the other party is in breach of any of its material obligations under this Agreement or, if the relevant breach of material obligations is capable of remedy, the breach has continued unremedied for a period of thirty (30) days after the party in breach has been notified of the breach by the other by a written notice specifying the breach and the steps required to remedy it.

11. Effect of Termination

11.1 Any termination of this Agreement (however occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect any provision of this Agreement which is expressly intended to come into or continue in force on or after such termination.

12. Force Majeure

12.1 If the Property Owner (or its agent, Fort Victoria Cottages) are affected by circumstances which are beyond their reasonable control (including without limitation flood, storm, fire, employment strikes, urgent unforeseen repairs required to Property, telecommunications access problems, destruction or damage of the Property or road blockages) then the Property Owner or Fort Victoria Cottages shall notify you immediately of the extent and nature thereof.

12.2 Neither the Property Owner nor its agent, Fort Victoria Cottages shall be deemed to be in breach of this Agreement, or otherwise liable to you, by reason of any delay in performance or non-performance of any of its obligations hereunder (to the extent that such delay or non-performance is caused by circumstances beyond their reasonable control as set out in Clause 12.1 above).

12.3 The Property Owner will procure the refund of any monies held in respect of such bookings for the Property via Fort Victoria Cottages, which are cancelled due to circumstances set out in Clause 12.1 which (notwithstanding Clause 6) shall constitute the full liability of the Property Owner and its agent Fort Victoria Cottages to you.

13. Limited liability

13.1 Save in respect of any death or personal injury claim caused by the negligence of the Property Owner or its agent Fort Victoria Cottages, neither the Property Owner nor its agent Fort Victoria Cottages can accept liability for any damage, expense or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever.

13.2 Save in respect of any death or personal injury claim caused by the negligence of the Property Owner or its agent Fort Victoria Cottages, any other liability of the Property Owner or its agent Fort Victoria Cottages (if relevant) under this Agreement shall be limited to the rental value of the relevant booking at the Property.

13.3 Neither the Property Owner nor its agent Fort Victoria Cottages shall be liable to you for any loss of profit, consequential loss or other indirect losses under the terms of this Agreement.

13.4 For the avoidance of doubt, the Property Owner and its agent Fort Victoria Cottages take every care to ensure that the accuracy of property descriptions and information contained on the website of Fort Victoria Cottages are correct at the time of publication. However in the event of any good faith error, neither the Property Owner nor its agent Fort Victoria Cottages can accept any liability. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose or other warranties, conditions, guarantees or representations whether express implied by statute or otherwise oral or in writing except as provided herein or such as cannot be excluded by law.

13.5 The use of any amenities, where offered, such as trampolines, slides, communal swings, tree swings, bicycles, boats, barbeques etc is entirely at the user’s risk and no responsibility can be accepted by the Property Owner for any death or personal injury (save to the extent that such death or personal injury was caused by the negligence of the Property Owner or its agent Fort Victoria Cottages. No responsibility whatsoever is accepted by the Property Owner’s agent, Fort Victoria Cottages, for any such death or personal injury (save to the extent that such death or personal injury was caused by the negligence of Fort Victoria Cottages). No liability for any other loss or damage in connection with the use of such amenities is accepted.

14. General

14.1 This Agreement and any document referred to in this Agreement constitutes the entire agreement, and supersedes any previous agreement, between the parties relating to the subject matter of this Agreement.

14.2 A variation of this Agreement is valid only if it is in writing and signed by or on behalf of each party.

14.3 The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy under this Agreement shall prevent any further exercise of the right or remedy of the exercise of any other right or remedy.

14.4 Except as expressly provided in this Agreement the rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

14.5 Nothing in this Agreement shall be construed as creating a partnership between the parties or as constituting either party as the agent of the other party (save as expressly set out in this Agreement) for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

14.6 The Property Owner and its agent shall be entitled to perform any of the obligations undertaken by them and to exercise any of the rights granted to them under this Agreement through any other company which at the relevant time is a holding company or subsidiary or group company and any act or omission of any such company shall for the purposes of this Agreement be deemed to be the act or omission of the Agent.

14.7 You may not assign or transfer or purport to assign or transfer a right or obligation under this Agreement. The Property Owner and/or its agent Fort Victoria Cottages may assign or transfer or purport to assign or transfer a right or obligation under this Agreement.

14.8 The Property Owner (on behalf of itself and it agent Fort Victoria Cottages) undertakes that in connection with the performance of the services they will comply in all respects with the Data Protection Act 1998 (“the Act”) and they will not knowingly by any act or omission be in breach of the Act and in particular but without limitation they will put in place appropriate technical and organisational measures to prevent the unauthorised processing or disclosure of personal data.

14.9 Except in relation to notices served under Clause 6.4 hereof which must be served by registered post, any notice under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class post or by email, to the party due to receive the notice or communication at its address set out in this Agreement or such other address as either party may specify by notice in writing to the other.

14.10 In the absence of evidence of earlier receipt, any notice shall be deemed to have been duly given:

14.10.1 if delivered personally, when left at the address referred to herein;

14.10.2 if sent by mail first class, two calendar days after posting it;

14.10.3 if sent by email on receipt of a successful ‘read receipt’

provided always that where any notice would be deemed under this Clause to have been served on a Saturday, Sunday or UK bank holiday then such notice shall not be deemed served until the next working day.

14.11 This Agreement is governed by, and shall be construed in accordance with, English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.