Definitions
The following definitions and rules of interpretation apply in these Booking Terms and Conditions (“conditions”);

Booking Confirmation: the confirmation of booking provided by email to the Customer when a booking has been accepted.

Booking Deposit: 30% of the Rental Fees, provided that the booking is submitted more than 56 days before the first day of the Rental Period.

Customer(s): the Customer booking the holiday accommodation.

Cotswolds Retreats: P L Harvey Estates Limited trading as Cotswolds Retreats.

Event Outside Control: any act or event beyond Cotswolds Retreats’ reasonable control, including without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunication networks.

Guest(s): the people that occupy the Property subject to these conditions.

Inventory: the inventory of fixtures, furniture and effects of the Property, a copy of which may be kept at the Property.

Property: the house and garden (if any) identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory.

Rental Fees: the total amount due from the Customer in respect of a booking of the Property.

Rental Period: the Rental Period specified in the Booking Confirmation.

Website: Cotswolds Retreats website is currently located at www.cotswolds-retreats.com together with such other websites which may be created by Cotswolds Retreats from time to time

General
This rental agreement is made between Cotswolds Retreats and the Customer.

Duration and times of rental

• Rentals commence at 4pm on the first day of the Rental Period and end at 11am on the last day of the Rental Period unless otherwise notified in writing by Cotswolds Retreats.

• The Rental Period cannot be exceeded unless Cotswolds Retreats gives written approval. The Customer will be liable for any cost of any nature incurred because of an unauthorized extension.

Deposit

• If a booking is made 56 days or more before the first day of the Rental Period, a Booking Deposit is payable. The Booking Deposit shall be paid by the Customer at the time they submit the booking to Cotswolds Retreats.

• If a booking is made less than 56 days before the first day of the Rental Period, the full Rental Fees, plus any additional charges, must be paid at the time of submitting the booking.

• If two or more Properties are booked, these constitute separate contracts.

• The Customer’s submission of a booking is an offer to book the Property. If the Property is available on the requested dates, Cotswolds Retreats will send the Customer a Booking Confirmation. At this point a binding contract, incorporating these conditions will come into existence. Cotswolds Retreats reserve the right to refuse booking and if Cotswolds Retreats refuse a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded immediately.

Final payment

• Unless otherwise agreed by Cotswolds Retreats in writing, the Rental Fees shall be the fee as agreed at the time of booking.

• Payment of the Rental Fees and additional charges are due to Cotswolds Retreats 56 days before the first day of the Rental Period (“due date“) and non-payment by the due date may be treated as a cancellation.

• If the balance of Rental Fees is not paid by the Customer on the due date, then the Customer will be deemed to have cancelled their booking and Cotswolds Retreats shall retain the Booking Deposit. Cotswolds Retreats shall not be responsible for sending reminders of the due date. The due date will be set out on the Booking Confirmation.

Changing a Booking

• Once a Booking Confirmation has been sent, the booking can only be changed to another Property by cancelling the original booking in accordance with the “Cancellation” clause as set out in this rental agreement.

• Other date changes are at the discretion of Cotswolds Retreats and subject to availability.

Cancellation

• A booking can only be cancelled prior to the first day of the Rental Period.

• A Customer who wishes to cancel the booking must notify Cotswolds Retreats in writing (“cancellation notice“).

• In the event that a cancellation notice is received by Cotswolds Retreats, all prepayments are non refundable.

Optional extras
If the Property has optional extras, they are listed on the Website and will be charged at the rate shown on the Website.

Price Changes

• Cotswolds Retreats reserves the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.

• Subject to the “Breach of Contract” clause as set out in this agreement, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Cotswolds Retreats will adjust the rate of VAT and the Customer agrees to pay the applicable rate.

Method of payment
All payments to Cotswolds Retreats may be made by credit card, debit card or electronic bank transfer.

Overseas bookings
Customers located outside the United Kingdom shall pay in pounds sterling by MasterCard, Visa card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.

Property descriptions

• Some of the information on the Website relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Cotswolds Retreats’ control. If Cotswolds Retreats are aware of any material changes to the Website at the time of the Customers booking, then we shall endeavor to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which Customers and guests should rely. Also Cotswolds Retreats make reasonable efforts to ensure the information on the Website is up-to-date. We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

• The Properties offering Wi-Fi will have this information detailed in their description on the Website; provision is subject to availability and network conditions.

Priority
If there is any ambiguity or inconsistency in or between these conditions and the information on the Website, these conditions shall prevail.

Inventory
Where in Inventory is provided, any discrepancies are to be reported to Cotswolds Retreats or the housekeeper within 24 hours of the start of the Rental Period, otherwise the Inventory will be deemed to be correct.

Pets

• Pets are only permitted at the Property with the prior written consent of Cotswolds Retreats and are subject to any conditions imposed by Cotswolds Retreats. If pets are permitted, the Customer agrees that they should be kept under control and exercised off the premises.

• Pets are not permitted in the bedrooms or on the furniture in the Property and Cotswolds Retreats cannot accept responsibility for their safety. Pets must not be left in the Property unsupervised as this can result inconsiderable damage to the Property and distress to the pet.

• A charge will be made for each pet.

• Properties that do not accept pets or otherwise restricts the keeping of pets at the Property, Cotswolds Retreats cannot guarantee that there have been no pets previously kept at the Property.

• Cotswolds Retreats welcome assistance dogs, but where a Property does not ordinarily accept dogs, Cotswolds Retreats must agree to the booking in advance.

The Holiday
The Guest(s) has the right to occupy the Property for a holiday only, within the meaning of schedule 1, paragraph 9of the Housing Act 1988.

Customer obligations
The Customer agrees;

• to report to Cotswolds Retreats any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer.

• to pay for any losses or damages to the Property caused by a Guest in their party (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guest then Cotswolds Retreats have the right to reclaim the costs incurred up to the sum of £500 from the card the Customer used to pay the Rental Fees. Allamakee or breakdowns must be reported immediately so issues can be put right before the arrival of the NeXT guests.

• to take good care of the Property and leave it in a clean and tidy condition at the end of the Rental Period. Cleaning service is not provided during the Rental Period unless otherwise confirmed in writing by Cotswolds Retreats. If Cotswolds Retreats is dissatisfied with the condition of the Property upon the Customers departure, they reserve the right to refuse to take a booking from the Customer in the future. If a Customer is excluded from a Property, then Cotswolds Retreats reserve the right to refuse any more bookings from the Customer, at any other Property.

• to permit Cotswolds Retreats reasonable access to the Property at all times without notice.

• not to part with possession of the Property or share it, except with Guests identified on the Booking Confirmation.

• not to sell or transfer the booking to another party without Cotswolds Retreats prior written consent.

• not to exceed the total number of occupants stipulated on the Booking Confirmation. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the start of the Rental Period.

• not to smoke at a non-smoking Property or cause an annoyance or become a nuisance to occupants of adjoining premises;

• to only use the designated parking spaces allocated (if any). Unless otherwise stated, all parking spaces shallowly accommodate an average size car. Cotswolds Retreats accepts no liability for additional costs incurred if alternative space is required or if the Customer or Guest’s vehicle is damaged;

• that notices (including notices in proceedings) must be served on Cotswolds Retreats at the following address;
  PL Harvey Estates Limited trading as Cotswolds Retreats 21 North Road, Grassendale Park L19 0LP

Non-availability of Property

• Cotswolds Retreats will not be liable or responsible for any failure to perform or delay in performance of, any of their obligations in these conditions that is caused by an Event Outside Control.

• If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and Cotswolds Retreats’ obligations under these conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.

Liability
Nothing in these clauses excludes or limits the liability of Cotswolds Retreats:

• for the death or personal injury caused by Cotswolds Retreats negligence.

• for any matter which would be illegal for Cotswolds Retreats to exclude or attempt to exclude their liability.

• if Cotswolds Retreats fails to comply with these conditions, Cotswolds Retreats is responsible for losses which are a foreseeable result of the breach of these conditions or their negligence, but Cotswolds Retreats is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.

• Cotswolds Retreats is not liable for business losses. Cotswolds Retreats only lets the Property for domestic and private use. If the Customer or a Guest, uses the Property for any commercial or business purpose, Cotswolds Retreats will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Complaints

• All complaints must be notified to Cotswolds Retreats as soon as reasonably practicable, as Cotswolds Retreats may be required to carry out an on-the-spot investigation of the Property and if necessary, take remedial action. All Customers have a legal obligation to mitigate their loss.

• The Customer agrees that Cotswolds Retreats shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.

Breach of contract

• If there is a substantial breach of any of these conditions by the Customer or any of their Guests, Cotswolds Retreats reserves the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.

• If there is a substantial breach of any of these conditions by Cotswolds Retreats then the Customer has the right to terminate (i.e. bring to an end) the contract that exists in relation to the Property and may leave the Property.

• Ending the contract by either Cotswolds Retreats or the Customer does not affect that other parties rights and remedies.

Personal data

• Cotswolds Retreats will use the personal information you provide;

  • to verify the identity of the Customer and Guests who will be occupying the Property; and

  • to contact the Customer and Guest by post with information about the

• Cotswolds Retreats Property.

• Cotswolds Retreats may pass your information to other third-party service providers (acting as Cotswolds Retreats agent) for the purposes of supplying the Property to you.

• Cotswolds Retreats also obtain your personal information in the course of the sale, or negotiations for the sale, to you. Cotswolds Retreats may contact you by electronic means (email or text) with relevant information, offers and similar properties.

• If you do not want Cotswolds Retreats to use your data in this way, you can opt out at any time by contacting Cotswolds Retreats.

• Cotswolds Retreats may also contact you by postal means with marketing materials. If you do not want Cotswolds Retreats to use your data in this way, you can opt out at any time by contacting us.

• Cotswolds Retreats may retain your information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.

Validity Clause
In the event that a court finds that a condition (or part of a condition) in these conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.

Governing law and jurisdiction
The contract between Cotswolds Retreats and the Customer shall be governed by the laws of England and Wales. Each party agrees that the court of England and Wales shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).

Authority to sign
The Customer who completes and submits the booking warrants that;

• he or she is authorized to accept these conditions on behalf of the Guests, including those substituted or added at a later date;

• he or she is over 18 years of age; and

• he or she agrees to take responsibility for the Guests occupying the Property and to notify Cotswolds Retreats if they are not a Guest.

VAT
Where tax is payable, the tax is included in the Rental Fee at the relevant rate.

Bedlinen and towels
Linen and towels are changed the end of the Rental Period and a fresh set can be provided weekly during the Rental Period by prior arrangement.

Third-party rights
Cotswolds Retreats and the Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.