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Terms of business

1.  The Booking
a)  All bookings must be made through New Forest Living, hereinafter referred to as ”NFL”, who act as agents on behalf of the owner of the property (“the Owner”).  The booking is a contract between the Owner of the property and the person signing the booking form known as ‘the Hirer’ during the occupation of the property for a holiday let, for the specified period.
b)  A booking will only be accepted upon receipt of a completed NFL online or hard copy booking form, together with the specified deposit or full rent (see below) and a contract will exist between the Hirer and the Owner on receipt by the Hirer of a written confirmation of the booking from NFL.  NFL reserves the right until then to refuse the booking and return any payments made.

2.  Authority to sign
The Hirer confirms that he or she has read and understood the description of the property being booked as found on the web site. The Hirer is responsible for the property and ensuring that all members of the party observe these booking conditions.  The Hirer must be over 25 years old and is confirming he or she has authority to make the booking on behalf of the party by signing these Terms of Business.  The Hirer acknowledges that the choice of the property is ultimately his or her responsibility.

3.  Provisional reservations
Provisional reservations are held for 5 days only and if by that time no completed, signed booking form and deposit (or full payment if required) is received then the provisional reservations will be cancelled by NFL with no further notice to the enquirer.

4.  Payments
a)  The full rent is due at the time of booking for seven night holidays made less than 8 weeks from the holiday start date.  For bookings for seven night holidays made more than 8 weeks in advance, a deposit of one third of the rent is required at the time of booking in order for it to be secured.
b)  The full rent is due at the time of all bookings for short breaks (three and four night stays) made at any time.
c)  The deposit is non refundable.  The balance of the total holiday cost is payable to NFL not later than 8 weeks before the holiday start date, where the total holiday cost was not required to be paid at the time of booking.
d)  Failure to make full payment at the appropriate time may result in the cancellation of the booking and forfeiture of the existing deposit, at the absolute discretion of NFL and with no liability being incurred by NFL or the Owner in respect of any direct or indirect loss incurred by the Hirer as a result.  Full payment of the balance will still be due subject to the procedures set out in point 8 below.

5.  Paying for your holiday
Payments can be made by:
a) Cheques made out to New Forest Living Ltd.
b) Debit card
c) Credit card (note that a surcharge of 1.5% is charged for credit card payments)
We do not accept American Express.

6.  Arrivals / departures
Holiday lets usually run from 3 or 4p.m. on the day of arrival to 10a.m. on the day of departure.  Times may vary according to cottage choice.  The Hirer and party are kindly asked to arrive and depart according to the instructions contained in their booking particulars.

7.  The Holiday
The Hirer has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988

8.  Cancellation
Once the booking has been confirmed, it is an express condition that the whole of the rent is payable  even if for some reason the Hirer is unable to take up the holiday accommodation at the agreed time.  This means that where only a deposit was required to be paid at the time of booking the balance will still be due regardless of cancellation, subject to any re-letting as provided in point 9 below.  The Hirer is therefore strongly advised to arrange holiday cancellation insurance to give some protection in this event.

9.  Cancellation procedures
The Hirer should notify NFL immediately in writing if it becomes necessary to cancel the booking.  If NFL are not successful in re-letting the property by the balance due date, the Hirer remains liable for the full cost of the holiday and must pay the balance by one of the means set out in point 5 above.  If NFL re- lets the property after the balance (or full rent at the time of booking where the holiday start date was in less than eight weeks time) has been paid, the balance shall be refunded to the Hirer less any incurred reasonable expenses.  A cancellation fee of £25 will also be charged.

10.  Insurance
NFL recommends that the Hirer obtains his or her own comprehensive insurance cover for the holiday to cover such risks as cancellation (as referred to above), accident, damage, loss or breakdown.  If a Hirer has to cancel the holiday he or she must advise NFL immediately as to whether or not cancellation insurance has been taken out.

11.  Changes to a booking
a)  Changing property; If the Hirer wishes to change his or her booking to another property, this will be treated as a cancellation and a new booking.  The provisions of points 8 and 9 above will apply accordingly.
b)  Changing dates; Hirers wishing to change dates on the same property may do so provided the property is available and the Owner is in agreement.  Where the date is changed, a £20 re-booking fee is payable. Only one change of date is permissible and this is at the Owner’s discretion.
c)  Changing party details; Any changes or additions to the Hirer’s party details must be made in writing to NFL no less than three weeks before the holiday start date.   Failure to inform NFL of any changes or additions may result in additional accommodation charges and the non-acceptance of accompanying pets

12.  Number of people using the holiday accommodation
The licence from the owner shall permit only the hirer and the members of the party as named on the booking form only to occupy the property, in accordance with the maximum occupancy as stated on the property   description.
b) For the avoidance of doubt, the Hirer may invite friends over to visit during the holiday, but the number of people within the property and environs must at no time exceed the amount of people NFL have stated the property ‘sleeps’ in the web site description, unless the Hirer has the Owner’s prior consent arranged in advance and as shown on the booking confirmation letter. In any case, both NFL and the Owner must always be informed as to who will be at the property and when, as a condition of insurance, even if the maximum number of persons is exceeded only due to daily visitors, without these additional parties actually sleeping at the property.

13. The Hirer’s Further Obligations
The Hirer agrees:
a)  not to part with possession of the property, or to share it, except with members of the party shown on the Booking Form.
b)  not to sell or transfer the booking to another party without the prior consent of the Owner and NFL.
c)  not to exceed the total number of people as stated on the property description, or to significantly change the composition of the party during occupation of the property, unless arranged in advance and as shown on the booking confirmation letter. A cot may only be occupied by a child aged 24 months or under.
d)  to leave  the holiday accommodation in good order and repair and in the same condition in which it was found at the start of the holiday.  Failure to comply with this condition may result in a charge for additional cleaning, with all such charges to be paid by the Hirer within seven days of demand.
e)  to pay the cost of all damage caused by himself/herself or another member of the party to the property or fittings and contents (fair wear & tear excluded) at the property upon vacating the property.  If the damage is discovered at a later date then payment must be made by the Hirer within seven days of demand.
f)  to be responsible for ensuring that he/she and the party behave in a reasonable manner during the holiday both with regard to the property itself and its surroundings.
g)  to permit the Owner or NFL reasonable access for the purposes of inspection or repair.
h)  to comply with the security and safety precautions, rubbish disposal instructions and any other reasonable regulations imposed for the good management of the property.
i)  not to smoke either inside or within close proximity to the holiday property. NFL holiday cottages and immediate environs are all designated as non smoking.

14.  Dogs
a)  a dog under the age of one year  cannot be accepted in any NFL holiday cottage.
b)  Dogs are only  allowed with the prior consent of the Owner and NFL. The Hirer’s dog must not be left unattended at the property, must be kept under strict control and exercised well away from the premises.
c)  Dogs are not permitted in the bedrooms or on the furniture any evidence of this could result in the Hirer incurring additional cleaning costs. Neither the Owner nor NFL can accept responsibility for their safety.
d)  Should a Hirer bring a dog to a property clearly advertised as NO DOGS, Hirers will not be able to stay at that property, the agreement will be terminated and NFL will not refund the holiday costs.  It should be noted that properties which accept dogs do so only by prior arrangement.  The individual property particulars give details of any additional costs for accompanying dogs.
e)  Where the property description states ‘regret no dogs’ or otherwise restricts the keeping of dogs at the property, the Owner or NFL cannot guarantee that there have been no dogs previously kept at the property.

15. Breach of terms of business
a)  If you commit a serious breach of these Terms of Business the owner or his agent will have the right to terminate your booking and if you are already at the property the owner may require you to vacate it immediately. In the event of you committing a serious breach of these Terms of Business no refund of the fees you have paid will be returnable to you.
b)  The Hirer shall be liable for and shall indemnify NFL and the Owner against (including but not limited to) any costs, claims, demands, losses and/or proceedings that they may incur as a result of the Hirer’s breach of these obligations or any of the other Terms of business or any legislation relating to the property and booking.  For the avoidance of doubt, the Hirer shall also be liable for the breach of any obligations, Terms and Conditions or legislation by anyone at the property with the Hirer’s express or implied consent.
16.  Good housekeeping bonds
Larger properties may require a ‘good housekeeping bond’ to be paid on booking. Where required, this will be indicated and the amount specified in the property details. It will be returned to the Hirer within 8 days of departure providing there are no deductions to be made as a result of damage, additional cleaning or a failure to comply with these booking Terms of business.

17.  Problems or complaints
Any problems or deficiencies with the accommodation or contents should be reported to the Owner or Owner’s representative immediately or at least within 24 hours.  Although we inspect properties and take any complaints we receive from customers very seriously, we are unable to accept any liability for the failure of the Owner to keep the property and its contents in good condition.  The Owner is ultimately responsible for resolving any difficulties which the Hirer may experience with the property that has been booked.  If however the Hirer feels that the problem was not resolved to his or her satisfaction then the Hirer must within 7 days of returning from the holiday put the complaint in writing to NFL.

18.  Matters beyond Owners control
Neither the Owner nor NFL can be held responsible for matters beyond their control such as (but not limited to) noise, nuisance or disturbance resulting from building works, noisy neighbours or local events etc., disruption of services from utility suppliers or closure of shops or amenities described on the property details and so on.

19.  Non availability of property
If for any reason beyond the Owner’s control the property is not available for all or part of the period booked or the property has become unsuitable for holiday letting, NFL will make every reasonable effort to arrange for alternative accommodation.  If this is not possible or acceptable to the Hirer then the Owner’s and NFL’s liability shall be limited in all circumstances to the refund of all rents paid in respect of the period of unavailability.  Neither the Owner nor NFL shall be liable to the Hirer for any other direct or indirect loss to the Hirer as a result of the period of non-availability.

20.  Liabilities
a)  All properties are inspected by NFL and while we make every effort to provide fair descriptions, there may be changes beyond our control for which we cannot be held responsible.  NFL has used reasonable endeavours to ensure the information on our web site is accurate and true.  We do not accept any liability for errors contained on the web site or for any misrepresentation based on information provided by the Owner.  In any event, the Hirer acknowledges that small differences may arise between our photographs, illustrations and descriptions of a particular property and the property itself.
b)  Furthermore, NFL  will not be liable for any act, neglect or default on the part of the Owner or any other person not within their employ or otherwise under their control, nor for accident, loss, damage, injury, death, expense or inconvenience, whether to person or property, which the Hirer or any other person may suffer or incur arising out of, or in any way connected with the rental. The Owners and NFL accept no liability for loss of or damage to the Hirer’s possessions on the Owner’s property or land.

21.  General
a)  These Terms of Business override and supersede all previous versions and any previous course of dealing between the parties.
b)  In the event of any inconsistency between these Terms of business and any of our other literature, or on our web site or otherwise, the provisions of these Terms of Business  will prevail.
c)  If any provision of these Terms of Business is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Business.
d)  The agreements between the Hirer and NFL and between the Hirer and the Owner are subject to English law and to the exclusive jurisdiction of the English courts.