Terms and Conditions of Hire
1. The hiring contract shall be between the holidaymaker and the owner of the property for which the booking is made and is subject to the following terms and conditions. Discover the Cotswolds act as agents for the owner and are not principals.
2. Whilst Discover the Cotswolds uses its best endeavours to ensure accuracy of all information supplied and details of properties are given in good faith, no warranty is given as to their accuracy and it does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether orally or in writing.
3. Discover the Cotswolds acts only as agent for the owner of the property and can give no guarantee or warranty as to the state or condition of the property. Discover the Cotswolds will not be liable for any act, neglect or default on the part of the owner or any other person, or breakdown of any domestic appliances, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the holiday maker or any other person may suffer or incur.
4. The period of hire shall be from 4.00pm (14:00) on the day of arrival and the property must be vacated by 10.00am (10:00) on the day of departure, unless otherwise stated or agreed in writing. If the holiday-maker is unable to arrive at the property by midday on the day following the holiday start date the holiday-maker must advise Discover the Cotswolds of the intended late arrival. Failure to arrive by midday on the day following the holiday start date and failure in those circumstances to advise Discover the Cotswolds constitutes cancellation by the holiday-maker.
5. CANCELLATION: Any cancellation made by the holiday-maker for whatever reason shall be in writing and addressed to Discover the Cotswolds at the postal address or email address listed on the booking form or web site. Discover the Cotswolds will accept notice of cancellation on behalf of the owner. On receipt of notice of cancellation, Discover the Cotswolds will use its reasonable endeavours to seek to re-let the property for the period of booking. If Discover the Cotswolds succeeds in re-letting the property for the whole period, it shall refund all the monies paid less administrative charge of £25 per booking. If Discover the Cotswolds only succeeds in re-letting for part of the period booked, it shall refund the amount equal to the amount the client has paid less (1) the full rental for the period which is not re-let and (2) an administrative charge of £25. If Discover the Cotswolds is unable to re-let the property at all, then all monies paid by the client shall be forfeit to Discover the Cotswolds. Discover the Cotswolds strongly recommends clients take out cancellation insurance.
6. Discover the Cotswolds reserves the right to refuse accommodation either on its own account or on behalf of the owner. In no circumstances may the number of people occupying the property exceed the number stated in the brochure, unless agreed in advance and in writing. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed, or refuse to hand over the property to any person who, in the owners opinion, is not suitable to take charge. Rents will not be refunded. In such cases all liability of Discover the Cotswolds and owner shall cease declaring that in no event shall Discover the Cotswolds accept any responsibility or liability for such refusal, termination or otherwise or any loss or damage arising there from.
7. The hired property shall be used solely for holiday purposes and the holiday-maker shall not sub-let the property, or any part of the property, or any equipment from the property.
8. The holiday-maker shall at all times maintain the property and its contents in a clean and tidy condition and accept the property as it is equipped at the commencement of hire. The holiday-maker shall be liable to the owner for any loss, costs, expenses or claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act or omission of the holiday-maker or of any person in his/her party. If, as a result of such damage, the property or any of its contents need to be repaired or any of the contents need to be replaced then the holiday-maker shall be responsible for paying the reasonable costs of doing so.
9. Pets: It is clearly stated in the description of each property if pets are allowed. Where allowed they must be kept under strict control at all times and must never be left unattended. Unless otherwise agreed in writing a maximum of two pets is allowed. Pet basket or bedding must be brought by the hirer. Under no circumstances are pets to be allowed on beds or chairs. All animal hairs and excreta must be removed on your departure. The owner reserves the right to charge for any cleaning inside or outside the property made necessary by the pet. Where it is stated that pets are not allowed, owners reserve the right to evict the holiday-maker if this condition is not observed.
10. The booking is made on the understanding that the property is available to the holiday-maker on the dates stated. If for any reason beyond Discover the Cotswolds’s control (e.g. fire, storm damage, illness, sale or withdrawal of the property by the owner for any reason etc) the property is not available on the date booked Discover the Cotswolds will use its best endeavours to provide alternative accommodation to the holiday-maker but cannot guarantee that such will be provided and if such cannot be found or is not suitable for the holiday-maker then all monies paid by the holiday-maker shall be returned in full. Discover the Cotswolds shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and the holiday-maker shall have no claim against them. The holiday-maker shall advise Discover the Cotswolds within seven days of being offered alternative accommodation whether or not it is acceptable. If the alternative property is more expensive Discover the Cotswolds reserves the right to charge the difference in cost.
11. Submission of a (1) Signed Booking Form, (2) Booking Form through our Website with payment by credit or debit card or (3) Telephone Booking with the booking paid by Credit or Debit Card or Bank Transfer, will be deemed to be an acceptance of these conditions and a confirmation of the details and conditions on the booking form. The person who signs the booking form warrants that he/she is authorised to agree to Discover the Cotswolds’s terms and conditions and is acting on behalf of all persons including those substituted or who join the party at a later date. The person who signs the booking form is responsible for ensuring that all persons occupying the property comply with the terms and conditions and in all respects. Any property occupied is strictly on the basis that the accommodation is for holiday use only and that no right to remain in the property after the end of the holiday period booked exists for the person who signed the booking form or for any person or persons who occupy the property. All persons will vacate the property at the conclusion of the period of the holiday.
12. If for any reason the holiday-maker is not satisfied with the accommodation, the owner or the caretaker must be contacted so that the problem can be rectified immediately. Whilst Discover the Cotswolds does not accept any responsibility if the holiday-maker is not satisfied with the accommodation offered, Discover the Cotswolds may at its sole discretion take up the matter with the owner on the holiday-maker’s behalf, based on the information in the general notes in the editorial and provided full details of the complaint are received in writing at the postal address or email address given on the back of the current Discover the Cotswolds’s brochure or website no later than 5 days after the commencement of the period of the holiday let. Under no circumstances will Discover the Cotswolds’s liability exceed the rental paid for the property.
13. No servant or agent of Discover the Cotswolds has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of Discover the Cotswolds, excepting only the Executive Directors of Discover the Cotswolds.
14. Discover the Cotswolds do not warrant any statements, actings or otherwise of the owner and liability for any acts, omissions, neglect or default etc of the owner are not to be imputed to Discover the Cotswolds.
15. The holiday-maker shall allow the owner or his agents or employees entry to the premises for all reasonable purposes.
16. Payment of the full rental price is required by cheque on return of the booking form or by credit or debit card at the time of booking by telephone or through the website payment facility. If the booking cannot be accepted by Discover the Cotswolds, the full amount shall be returned within 14 days.
17. Discover The Cotswolds will Confirm all bookings to the holiday-maker by email within 7 days of receiving full payment.
18. Final details of the property, with travel directions and key holder information will be forwarded to the holiday-maker prior to the booking arrival date.
19. Where the holiday-maker pays for any part of the cost of the holiday by credit card, Discover the Cotswolds reserves the right to levy a charge (presently 2.5%) in respect of each payment so made. Payments made by bank transfer should include any handling or bank charges and are to be borne by the holiday-maker.
20. The owner has authorised Discover the Cotswolds to refuse any booking and to cancel any booking which has been made on his/her behalf. Discover the Cotswolds will communicate this decision to the holiday-maker in writing. Any monies which have been paid to Discover the Cotswolds will be repaid without delay and in full to the holiday-maker.
21. Discover The Cotswolds can not accept liability or pay any compensation as a result of an event beyond the reasonable control of the Owner and/or Discover The Cotswolds including, but not limited to act of God, acts of terrorism, war, riot, civil commotion, fire, flood, snow, storm, malicious damage, compliance with a legal order, accident, insolvency or bankruptcy of an Owner.
22. Where VAT is applicable, it is included in the rental.
23. The clauses of these General Conditions shall operate on the basis that the terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not effect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated. Nothing contained in the General Conditions shall exclude Discover the Cotswolds from any responsibility which they have in law in so far as it is competently varied or excluded and these General Conditions shall be read and construed accordingly.
24. In these terms and conditions: a) The expression “ the owner ” shall mean the person or persons who have appointed and authorised Discover the Cotswolds to act as his/her/their agents. b) The expression “ the holiday-maker ” shall mean the person who signed the Booking Form or made and paid for the booking by telephone or through the website booking and payment faility.
25. This brochure and the General Conditions it contains supersedes all previous issues.
26. English Law shall apply to all contractual obligations arising out of these General Conditions.