TERMS AND CONDITIONS
TERMS & CONDITIONS
HSA Limited (“the Property Owner”) accepts reservations of holiday let accommodation made by telephone, email, in person, in writing or online. When a reservation is made with the Property Owner by any means these Terms & Conditions are deemed to have been accepted by all guests (“the Guest”). Any questions regarding these terms should be raised with the Property Owner as soon as possible. Contact Us
1.The Contract
a) The Contract for the letting of the property is between the Property Owner and the Guest. Bookings submitted online are provisional, and once the Property Owner issues the confirmation form, the Contract will be entered into and becomes legally binding.
b) The Contract is at all times subject to the Booking Conditions. The Guest should check the booking confirmation form carefully as it relates to the property the Haven, Market Cottage, 6 Market Place, Stanhope, County Durham DL13 2UJ (“The Haven”), length of stay, charges, and other relevant booking details. The Guest should notify the Property Owner immediately in case of any discrepancy, mistake, or query.
c) This Contract is governed by English law and jurisdiction, for the hire of the property for self-catering holiday purposes only. The lead name on the booking must be over 21 years old, and a Guest occupying the property. The Guest agrees to take responsibility for all binding all members of the party to these Terms & Conditions.
2.Payment
a) A deposit of one half of the rental fee is payable immediately upon making the booking with the balance payable 8 weeks before the letting date. If the booking is made less than 8 weeks before the start of the rental, the entire rental fee is payable on booking. For bookings made less than 3 weeks before the commencement of the rental, payment should be made in cleared funds i.e. cash, debit card or bank transfer.
b) All payments shall be made to the Property Owner at the address on the Booking Form. The Booking will not be confirmed until the deposit is received. Non-payment of the balance of the rent by the due date shall be construed as a cancellation of the contract by the Guest.
c) Where the booking is paid by credit or debit card, the Guest agrees to the Property Owner holding information securely within the booking system for the purpose of the Cautionary Security Deposit or for any additional sums which are due per the Property Owners Term & Conditions.
d) A non-refundable booking fee is payable at point of booking.
3.Damages and the Cautionary Security Deposit
a) It is understood that the Guest will use the property lawfully, will not abuse or damage the facilities, and will comply with health and safety and any other policies or instructions notified to the Guest by the Property Owner or its authorised agent. The Guest will keep the property including furniture, fixtures and fittings in the same state of repair as at the start of the rental period.
b) The Owner (or agent) may charge for any additional reasonable expenses arising from your stay where you have failed to comply with this section 3. Which are deemed
c) The Property Owner will take a credit or debit card pre-authorisation before arrival. This is a temporary hold of card details in case of additional costs incurred, loss of contents or damages above fair and normal wear and tear. Pre-authorisation guarantees funds are available so a charge could be made, and this remains in place up to 7 days after departure until the Haven has been inspected by the Property Owner or its agent. Should a loss or damage be discovered, the Guest will be informed of the amount to be charged:
– For charges of under £100, the Property Owner reserves the right to make the charge immediately whilst notifying the Guest by email of the charge levied.
– For charges over £100, if there is a delay in obtaining an invoice the card may be charged and any excess refund will be processed by the Property Owner once this has been received.
– Where the costs exceed the Cautionary Security Deposit, the Guest will be notified in writing and the Property Owner will charge the card held, and provide an invoice for the additional sum.
d) Where there are issues raised by the Property Owner, these will be addressed in writing to the Guest. Prior notification of damage does not prevent the Guest from being liable for that damage. The Property Owner will seeks to resolve all issues affecting the Cautionary Security Deposit within 7 days of the departure date, unless there is an ongoing dispute between the Guest and Property Owner or in the case that the Guest is awaiting a bill or proof of damage from the Property Owner where the Property Owner is waiting on a third party to provide
e) The credit or debit card provided for the Cautionary Security Deposit must be valid for 2 months after the date of departure.
See also Points 7 and 8 regarding care of the Haven.
4. Cancellation/Refund Policy (See also 6. Cancellation Insurance)
Any cancellation made by the Guest, for whatever reason, shall be in writing and addressed to the Property Owner at the address on the Booking Form. On receipt of notice of cancellation, attempts will be made to re-let the property by the Property Owner for the period of the booking.
a) If it has not been possible to re-let the Haven, all monies paid by the Guest at the time of cancellation shall be forfeited.
b) For bookings cancelled more than 8 weeks ahead of arrival, and where dates have been re-let, the Guest will receive a full refund or partial refund for those dates.
c) For bookings cancelled within 8 weeks of arrival, the deposit is non-refundable and the balance payment will be refunded in full or in part only in the case that the Property Owner can re-let the dates.
d) On cancellation a charge of £25 will be due to the Property Owner from the Guest in addition to the above cancellation fees to cover the cost of administration and remarketing. Please note that this non-refundable.
e) It is strongly recommended that Cancellation Insurance is purchased at the time of booking, further details relating to this are set out in the paragraph below.
f) In the case that the property becomes unavailable, please see Point 18 regarding The Property Owner’s responsibilities.
g) In the case of additional services being booked during the cancelled dates, it remains the responsibility of the Guest to cancel these directly with the supplier, or to request the Property Owner to do so where it has arranged the service directly.
5. Change of Date
The Property Owner may consider a request from a Guest to change the dates of the booking after confirmation has been issued. Where agreement is given by the Property Owner, this is subject to all of the following conditions being met
a) the self-catering holiday property is available for the period requested,
b) the request is received more than 8 weeks prior to the commencement of the let (otherwise normal cancellation terms apply),
c) the Guest pays an administration fee of £25 and any additional sums due.
6. Cancellation Insurance
No refunds will be given on the cancellation of a booking by the Guest, except in the event of the Haven being re-let as laid out in Paragraph 4, Cancellation/Refund Policy. We strongly recommend a Guest takes out holiday insurance which may provide cover in the event of a cancellation.
7. Breakages or Damages
The Guest is legally bound to reimburse the Property Owner, on demand, for the cost of replacing damaged or broken items, the repair or extra cleaning costs incurred as a direct result of the Guest’s use of the Haven. Reasonable charges can be incurred for, but not limited to, cleaning of furnishings, replacement of damaged or broken items where it is not possible or cost effective to repair, replacement of lost/damaged keys, towels or bedding soiled beyond normal wear. The Property Owner also reserves the right to refuse further bookings as a result of the implementation of this clause.
Please also see sections 3 and 8.
8. Care of the Property
a) The Guest shall take all reasonable and proper care of the property and its furniture, pictures, fittings and effects inside and outside the Haven grounds and leave them in the same state of repair, condition and cleanliness at the end of the let period as at the beginning. The Guest shall abide by all instructions regarding the use of the property and its fixtures and fittings as notified by the Property Owner.
b) The Guest shall take care not to leave personal possessions in the property on departure. The Property Owner will make every effort to return high value items provided that the Guest notifies the Property Owner within 24 hours of departure. The Property Owner accepts no responsibility for personal possessions left in the property following departure. An administration fee of £10 will apply together with reimbursement costs associated with the return of lost property.
c) The Property Owner will allow external suppliers such as beauty therapists, private chefs and activity organisers into the Haven on the understanding that the Property Owner will be notified in advance of arrival, and that the supplier has valid and appropriate evidential public liability insurance. It is the Guest’s responsibility at all times to ensure that the Terms & Conditions are not contravened in any way as a result of this concession. However the Property Owner or its agent, reserves the right to refuse access to a supplier who the Property owner deems unsuitable and accepts no liability for their actions or personal safety.
9. Pets
Pet dogs are only permitted at the discretion of the Property Owner. No other pets are permitted
For more information please read our Dog Terms and Conditions.
An extra charge per dog per night is applicable. A maximum of two dogs may be permitted. Dogs are always to be properly controlled and supervised and must not be left unattended at the property. Dogs are not permitted in the bedroom or on any of the furniture. Guests must clean up after all dogs inside and outside of the property, and extra cleaning costs may apply.
Registered guide and hearing dogs belonging to those with visual and hearing impairments are of course allowed without charge. Where a Guest has an assistance dog, it is appreciated that the Property Owner is made aware before arrival.
Certain breeds of dogs are not permitted, including but not limited to Pit Bull Terriers, JapaneseTosa, Dogo Argentino, Fila Braziliero, Rottweilers, Staffordshire Bull Terriers, Bull Mastiffs, English Bull Terriers and Japanese Akitas.
Guests with allergies should be aware that we cannot guarantee that there have been no dogs previously kept at the property, nor can we accept any liability for any suffering which may occur as a result of such pets having been present.
Where a Guest has an assistance dog, it is appreciated that the Property Owner is made aware before arrival.
10. Period of Hire
Lettings commence from the time outlined in the Booking Confirmation typically 3pm on the day of arrival and 10am on the day of departure, unless stated otherwise. Guests may be permitted to extend their stay, arrive earlier, or stay later subject to availability. This must be by prior agreement in writing from the Property Owner and will be subject to an additional charge.
11.VAT
Where VAT is payable the tax is included in the self-catering fee, at the rate applicable on the date of payment. The Property Owner reserves the right to adjust prices quoted by any means due to errors or omissions or changes in the VAT rate, if applicable.
12. Use of Property
The number of persons occupying the Haven must not exceed the number stated in the Booking Confirmation. Babies in travel cots are permitted up to a maximum of two.
The Haven shall be used for personal and domestic purposes only for the duration of the stay. The Haven shall not be used for any commercial purposes without consent. The Property Owner reserves the right to refuse entry to the entire party if this condition is not observed, and generally in the case of any breach of these Booking Conditions by the Guest where the Property Owner considers such exclusion is reasonable.
13. Day Guests
Visitors in the day are allowed, but the Guest should advise the Property Owner in advance of the number visiting. Permission must be granted so numbers satisfy health and safety as well as fire regulations.
14. Eligibility
The Property Owner reserves the right to refuse any bookings, in particular bookings from
a) groups of people under the age of 21,
b) hen or stag parties
15. Complaints
We hope you have an enjoyable time at the Haven, but should there be any cause for complaint during your stay the Property Owner must be notified promptly and in case of serious problems confirmed in writing. Compensation will not be made for any complaints made after the letting of the Haven has ended, or where the Guest has prevented an opportunity to address a complaint during the stay.
Work taking place beyond the property boundary falls outside our responsibility, and in this unlikely event, the Guest will be given prior warning where the Property Owner is aware of potential disruption.
A complaint can be made via email at any time to anne@hsasolutions.co.uk or Contact Us for the attention of the Director. Should a complaint be made over the telephone, The Property Owner may request a copy in writing.
16. Right of Entry
The Property Owner, or its contractors, shall be allowed the right of entry into the property and the rear courtyard at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance. Under normal circumstances, prior permission will always be sought to enter.
17. Property Literature
All care has been taken to ensure the accuracy of property literture and all information is given in good faith and is believed to be correct. The Property Owner may be required to make amendments or choose to make improvements to the Haven between the time the Guest books and the arrival date. Where a change might materially affect the property and the booking, the Property Owner will communicate this with the Guest as soon as is reasonable.
18.Liability
The following provisions set out the entire liability of The Property Owner (including liability for acts or omissions of its employees, agents and subcontractors) to the Guest in respect of: (1) any breach of these Booking Conditions; and (2) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
a) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. Nothing in the Contract excludes or limits the liability of The Property Owner for death or personal injury caused by negligence or fraudulent misrepresentation.
b) Subject to the total of clause 18: (1) The Property Owner total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of the Contract shall be limited to a sum equal to three times the letting fee; and (2) The Property Owner shall not be liable to the Guest for any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (however so caused) which arise out of or in connection with the Contract. Save for any rights under these Conditions and the Contract which may be exercised by the Property Owner, no term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.
c) Without prejudice, if the Haven which the Guest has booked, becomes unavailable or unusable for the date of the booking, then the Property Owner’s obligation will be to to reimburse the Guest for any monies paid. Notwithstanding any other provision of this Contract, the Property Owner shall not be deemed to be in breach of this Contract or otherwise be liable to the Guest, for delay in performance or the non-performance of its obligations, due to any circumstance beyond its reasonable control, and the time for performance of that obligation shall be extended accordingly. Force Majeure covers, without limitation, fire, flood, exceptional weather conditions, epidemics, destruction, and damage of the Property by any cause other than the negligence of the the Property Owner, and all similar situations. No compensation, 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 Property Owner to the Guest.
19. Communicating with the Guest
For the purposes of the Data Protection Act 2018, The Property Owner is the sole data controller of all personal data provided to The Property Owner by the Guest and prospective Guest. In order to process a booking the Property Owner needs to collect certain personal data from the Guest, for example names and addresses of party members, credit/debit card or other payment details, and special requirements such as those relating to a disability or medical condition which may affect any party member’s holiday arrangements. If the Property Owner needs any other personal details the Guest will be told before they are obtained.
The Property Owner may at times need to pass these details on to other parties including its agents and for payment processing or insurance. The Property Owner also needs to process and store the Guest’s personal details for its own administration, market analyses and operational reviews. The Property Owner will respect the privacy of personal data and will comply with all relevant and current data protection legislation. Read our GDPR policy here.
The Property Owner would also like to store and use personal details for future marketing purposes (for example sending brochures or details of promotions which the Property Owner feels may be of interest). The Guest will be asked to opt in, and will have the choice to opt out at any time. All details given to the Property Owner at any time will be kept, but only names, contact details and the booking preferences will be used for marketing purposes. Without written consent The Property Owner will not make its mailing list or the Guest’s personal data available for marketing purposes unless required to do so by a Court of Law. Competent jurisdiction will not disclose personal data to anyone. The Property Owner can however supply promotional offers on behalf of third parties only where the Guest has opted in and the offering is deemed relevant to the Guest.
Click here for our Privacy Policy.
20.Warranties
The Property Owner does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its employees, agents, or the owners of the properties. The Disclaimer gives you the full details about our website being up-to-date and accurate. Read the full Disclaimer here.
21. Exclusive Offers
The Property Owner may from time to time offer discounted rates for last minute bookings and these offers apply to new bookings only for the dates specified on the offer and cannot be used in conjunction with any other discount. Any disputes are at the discretion of the Property Owner.
Loyalty Guests can find relevant terms here.
Changes to Our Terms and Conditions
The Property Owner may revise these terms of use at any time. It is the responsibility of the Guest to take notice of changes made as some of the provisions contained in these Terms may supersede provisions or notices published elsewhere by The Property Owner.
The Property Owner’s registered address 61 Gospel End Road, Sedgley, Dudley, West Midlands DY3 3LY: 07971844065