Terms & Conditions 2013
We, New Forest Living Ltd. (‘the Agent’) act as booking agents for owners (‘the Owner’) of holiday properties and maintain a list of holiday properties for this purpose which we publish in the form of the New Forest Living website. Letting arrangements are made by the Agent on behalf of the Owner and the contractual relationship in connection with the letting will be between you as the holidaymaker (the Hirer) and the Owner.
The Agent is not and will at no time be party to that contract. On placing a booking, once confirmed by us as Agent, you the Hirer enter into a short-term holiday rental agreement, as specified in the booking form with the Owner. The agreement shall be governed by and construed in accordance with the laws of England and Wales. It will be entered into once the Hirer’s required payment has been processed and the booking has been confirmed by the Agent. The Agent shall have no liability to the Hirer for any fees, expenses, damages or loss resulting from the booking. Nothing in these Booking Conditions shall be deemed to exclude or limit the Agent’s liability in relation to death, fraud or personal injury resulting from its negligence.
These conditions shall be deemed to have been accepted by the Hirer at the time of completing the on-line or hard copy booking form or when the deposit or full payment for the holiday is received by the Agent.
1. The Booking
A booking will only be accepted upon receipt of a completed New Forest Living (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. The Hirer is responsible for the property and ensuring that all members of the party observe these booking conditions and must actually stay in the property for the duration of the holiday. The Hirer must be over 18 at least and is confirming he or she has authority to make the booking on behalf of the party by accepting these Terms & Conditions. The Hirer acknowledges that the choice of the property is ultimately his or her responsibility.
3. Booking form reservations
Provisional booking forms are held for 3 days only and if by that time the requested deposit (or full payment if required) has not been received then the provisional reservations will be cancelled by NFL with no further notice to the enquirer.
A Full payment of the rental price is due at the time of booking for weekly holidays made less than the date 8 weeks from the holiday start date and for all short breaks.
A deposit payment of 1/3 of the rental price is due at the time of booking for weekly bookings for holidays made more than 8 weeks in advance. This deposit is non-refundable.
The balance of the total holiday cost is payable to NFL not later than the date 8 weeks before the holiday start date, where the total holiday cost was not required to be paid at the time of booking. 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
Payment is accepted by debit card, credit card, cheque or bank transfer. Please note that a surcharge of 1.75% is charged for credit card & international debit card transactions. We are unable to accept American Express. Payments made by bank transfer should include any handling charges / any bank charges are to be borne by the customer.
6. Arrivals / departures
Holiday lets usually run from 3 or 4 p.m. on the day of arrival to 10 a.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.
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.
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 manages to re-let 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 £35 will also be charged.
10. Holiday 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. Alterations to a booking by you
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.
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 £35 re-booking fee is payable. Only one change of date is permissible and this is wholly at the Owner's discretion.
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 dogs.
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.
For the avoidance of doubt, the Hirer may invite family or friends 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. To enquire about guests exceeding this number, The Hirer must request the Owner's prior consent before completing the booking form. Any agreed advance arrangements will be 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 persons 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. Not to sell or transfer the booking to another party without the prior consent of the Owner and NFL. 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 under 24 months at the time of the holiday.
B. The Hirer is also obliged to keep the holiday home and all furnishings, fixtures, fittings and effects in the same state of cleanliness, repair and condition as they were in at the commencement of the holiday and will be responsible for any damage to the holiday property or the furniture, fixtures, fittings and effects and must ensure that the property is left clean and tidy, both inside and outside the property. Anything broken or damaged should forthwith be repaired or replaced with an article of similar type or value to the satisfaction of the owner. If this is not possible any damage or breakage should be reported to the Owner immediately and paid for before departure. In default of such obligation, the Hirer is obliged to reimburse the owner against any costs incurred by the Owner in remedying such default. The Owner reserves the right to raise invoices for any damage and/or replacements and/or repairs caused during the stay at a later date and legal action will be taken in the event of non-payment.
C. To permit the Owner or NFL reasonable access for the purposes of inspection or repair. To comply with the security and safety precautions, rubbish disposal instructions and any other reasonable regulations imposed for the good management of the property.
D. 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.
It is clearly stated in the particulars whether or not dogs are allowed at the property. This must be strictly adhered to. Should a Hirer bring a dog to a property clearly advertised as regret no dog, 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.
We do not accept dogs under the age of 1 year old and dogs must be fully housetrained and well behaved. If dogs are allowed then they must be kept under strict control. Submission of the booking form confirms that no dog will be left at the premises unattended nor be allowed on any furniture at any time or to enter any bedrooms. Dogs must not be permitted to cause any damage to the property or gardens nor bark or cause any other kind of nuisance to neighbours. Dogs must be exercised away from the premises. If any soiling occurs in the grounds of the property it must be removed immediately. On departure pet hairs should be removed and any exceptional cleaning costs incurred by the Owner in order to reinstate the property to the clean condition it was in at the start of the rental period will be charged to the Client as per Condition 13 B.
With the exception of a dog, we regret no other pets will be accepted in any NFL holiday cottage.
16. 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.
17. 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.
18. Difficulties and Maintenance
If you have any difficulties with a property, require maintenance, or have any complaints or queries, you should notify the owner or their representative in the first instance. Owners can only investigate complaints which are notified to them promptly and before the end of your holiday. If you experience difficulties and are unable to contact the owner or their representative, you should contact us. If you fail to report any issues to the owner or their representative during your stay and before your departure from the holiday accommodation, then any claim cannot be considered retrospectively. As we act only as an agent for the owner, we cannot accept any legal responsibility. If we help to sort out a complaint, we are doing so as an agent only.
19. 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.
20. 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.
21 Broadband Internet Access
In properties where broadband internet access is offered as a facility, it is offered on a complimentary basis and is not guaranteed to always be available or at the speed you may be used to. You are not permitted to download large files such as films or games and your use of the internet is conditional upon it being used for legal purposes only. Many properties have limits imposed on the volume of data able to be downloaded in a given month sufficient for reasonable internet access. If large downloads are carried out exceeding the limits in place, you may be charged for any excess imposed by the internet service provider.
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.
a) These Terms of Business override and supercede all previous versions and any previous course of dealing between the parties.
b) In the event of any inconsistency between these Terms of business 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.