Guest Accommodation Booking Terms and Conditions
IT IS HEREBY AGREED as follows:
1. DEFINITIONS & INTERPRETATION
The definitions to be read with these Terms are set out in full at clause 16.
2. THE BOOKING
2.1 The Accommodation Owner has appointed and authorised Rick Stein Group to act as its agent in relation to the Services during the Term.
2.2 All Bookings are SUBJECT TO AVAILABILITY AND THESE GUEST ACCOMMODATION BOOKING TERMS AND CONDITIONS and must come via (an online or telephone) completed Booking Form. Upon receipt of the completed Booking Form, Rick Stein Group will despatch a Booking Notice Confirmation confirming all the Booking details and where applicable, any details regarding payment of the Booking Fees. Once the Booking Notice Confirmation is sent, a legally valid and enforceable Agreement will exist between Rick Stein Group on behalf of the Accommodation Owner and You. Where You are more than one person then all of the obligations and liabilities of those persons to Rick Stein Group hereunder shall be joint and several. Each Guest must read the Accommodation Description on the Site carefully and ensure that they agree with and understand the Terms.
2.4 The Guest making the Booking must be eighteen (18) years of age or more at the time of Booking and will be responsible for the Accommodation and for ensuring that all of the members of their party fully observe these Terms.
2.5 Upon making the Booking online and upon receipt of the Booking Notice Confirmation, it is Your responsibility to check all the details carefully and to notify Rick Stein Group of any errors within twenty-four (24) hours as mistakes cannot always be rectified, or immediately if there are six (6) Weeks or fewer to run before the start date of the Booking Period.
3. BOOKING FEES: FEES PAYABLE BY YOU
3.1 Booking Deposit: Where the Booking is made six (6) Weeks or more prior to the start date of the Booking Period, Rick Stein Group shall be entitled to charge You a Booking Deposit which is a sum equal to fifty percent (50%) of the Booking Fees payable no later than six (6) Weeks prior to the first day of the Booking Period to secure the Booking as set out in the Booking Notice. The Booking will be deemed ‘provisional’ until the monies have cleared in the bank account (‘Rick Stein Group Client Account’).
3.2 Balance Payment: Where the Booking is made six (6) Weeks or more prior to the start date of the Booking Period and Rick Stein Group has charged You a Booking Deposit in accordance with clause 3.1, Rick Stein Group shall be entitled to charge You the remaining Balance Payment due constituting the remaining fifty percent (50%) of the Booking Fee. The Balance Payment will become due and payable no later than six (6) Weeks prior to the first day of the Booking Period.
3.3 Booking Fee: Where the Booking is made less than six (6) Weeks prior to the start date of the Booking Period, Rick Stein Group shall be entitled to charge You the Booking Fees in one full payment in order to confirm the Booking.
3.4 Optional Extra Fees: Where one or more Optional Extras are rented, Rick Stein Group shall be entitled to charge Optional Extra Fees for such items at the time of payment of the Balance Payment.
3.5 Rick Stein Group shall be under NO OBLIGATION to remind Guests to make the payment of Booking Fees on behalf of the Accommodation Owner. Failure to make payment in accordance with these Terms will result in the loss of the entire Booking and the Booking Deposit shall be forfeited.
3.6 Where VAT is payable, it shall be charged at Rick Stein Group’s then applicable rate (if any).
4. FEES PROCESSING
4.1 All Booking Fees payable by You shall be paid in accordance with this clause.
4.2 The Accommodation Owner authorises Rick Stein Group to charge and collect any and all of the Fees. The Accommodation Owner authorises Rick Stein Group to accept any credit or debit cards or other forms of payment approved by Rick Stein Group in connection with Your Booking. All payments of Booking Fees whether from the UK or oversees must be made in UK currency. Guests from overseas are permitted to pay by international bank transfer.
4.3 Rick Stein Group shall be entitled to charge You for any charges levied against Rick Stein Group in relation to the handling of dishonoured cheques, bank transfers, or any other payment method (‘Unauthorised Charges’). You shall be solely liable to reimburse Rick Stein Group (or the Accommodation Owner direct upon Rick Stein Group’s instruction) for any and all Unauthorised Charges.
4.4 All Fees less the commission due to Rick Stein Group in consideration of the Services will be held in a client account on trust for the Accommodation Owner until paid over to the Accommodation Owner. Where Fees are stated as exclusive of VAT, it shall be paid in addition by You.
4.5 Where Booking Fees are stated as exclusive of VAT, it shall be paid in addition by You.
5. ACCOMMODATION DETAILS
5.1 Although Rick Stein Group shall make all reasonable efforts to reflect the Accommodation advertised in a true and honest light (and procure that the information provided by the Accommodation Owner is conveyed accurately) across all advertising material on all media at the time of broadcasting and/ or printing, errors can occur e.g. a facility may no longer be available. Please check and confirm all Accommodation details with Rick Stein Group upon making the Booking and Rick Stein Group will in turn check the same with the Accommodation Owner. Rick Stein Group will use reasonable endeavours to notify You of any changes to, or inaccuracies in, any advertising information as soon as is reasonably practicable.
5.2 The Accommodation shall be available for the Booking Period as set out in the Booking Notice Confirmation.
5.3 The Accommodation has an Accommodation Information Folder provided which You can refer to for details about services and information.
6. CANCELLATIONS OR CHANGES BY YOU
6.1 If You need to cancel the Booking in whole or in part, Rick Stein Group MUST receive Written Notice of such cancellation from You which can be by email. Depending on the date that the notice of cancellation is received by Rick Stein Group, cancellation charges may apply. If the notice of cancellation is received by Rick Stein Group (or the Accommodation Owner) less than eight (8) weeks prior to the start date of the Booking Period, then You will suffer the loss of 100% of the Booking Fees. A cancellation received where there are more than eight (8) weeks to run before the start date of the Booking Period shall result in a full refund.
6.2 If You need to change Your Booking, a significant change such as the change of Accommodation or Booking Period may, at Rick Stein Group’s discretion be treated as a cancellation of the Booking and clause 6.1 will apply. Subject to availability and capacity of the Accommodation, any minor or insignificant changes to a Booking may incur an Administration Fee of a sum equivalent to the first night’s accommodation.
7. CANCELLATIONS OR CHANGES BY RICK STEIN
7.1 Rick Stein Group reserves the right to cancel the Booking at the request of Rick Stein Group and/ or the Accommodation Owner due to circumstances beyond Rick Stein Group’s and/ or the Accommodation Owner’s control (or where it is suspected that a Booking has been made fraudulently). In the unlikely event that Rick Stein Group needs to cancel the Booking, Rick Stein Group shall provide Written Notice to You (which may be by email) as soon as is reasonably practicable and promptly refund any Booking Fees in full. This is Your sole remedy in such an event. Payment will be either by cheque, bank transfer or We will credit the card used to make the original payment.
7.2 For any significant changes to Your Booking, Rick Stein Group shall provide Written Notice to You on behalf of the Accommodation Owner as soon as is reasonably practicable and inform You of the change and give You the option to reconfirm Your Booking or cancel Your Booking. If the change is not acceptable to You, Rick Stein Group will promptly refund any Booking Fees in full. Under these circumstances and whenever possible, Rick Stein Group may be able to offer You an alternative, similar accommodation. If You elect to take the alternative accommodation from Rick Stein Group acting on behalf of the Accommodation Owner, the new cost of the alternative accommodation shall become due and payable in accordance with its terms. In the unlikely event that You fail to notify Rick Stein Group that You wish to accept any change or alternative accommodation or if Rick Stein Group are unable to contact You, Rick Stein Group is entitled to assume You wish to cancel your Booking and You shall receive a full refund.
7.3 You will NOT be entitled to a full (or partial) refund of any Booking Fees in respect of only minor or insignificant changes to Your Booking which effectively leave the Booking intact for the most part. A minor change will be assessed by Rick Stein Group on the grounds of ‘reasonableness’.
No pets other than dogs are allowed in some properties at a fixed per Booking surcharge of thirty pounds (£30). You are liable for any extra cleaning costs, replacement or repairs. Dogs must remain on the ground floor and are not permitted on to any furnishings. Please bring Your own dog basket and clear and clean up any pet mess. Dogs are to be kept under control at all times and must not be left alone in the Accommodation. Neither Rick Stein Group nor the Accommodation Owner cannot accept responsibility for Your dog’s safety.
9. GUEST OBLIGATIONS
9.1 You understand and agree that:
- all payments must be paid as they fall due in accordance with these Terms;
- You must not cause an annoyance/ disturbance or become a nuisance to occupants of the neighbouring accommodation;
- there is a strict NO SMOKING policy at all times. If there is a smell of smoke on changeover this may result in an excess cleaning and additional charges;
- You must take care of and respect the Accommodation as best as possible and leave it in a tidy and clean condition upon departure. A cleaning service is provided during the Booking Period for stays of ten (10) consecutive nights or more;
- You must permit access to the Accommodation to staff or representatives of Rick Stein Group or the Accommodation Owner at all reasonable times for inspection or repair. If it is an emergency, immediate access will be required at Rick Stein Group’s discretion;
- failure to arrive on the start date of the Booking Period with no notice of delay or misadventure will not result in any refund of the Booking Fees in part or in whole;
- no persons other that those Guests named on the Booking Form and Booking Notice Confirmation can stay at the Accommodation. The maximum number of persons permitted to stay in the Accommodation during the Booking Period is clearly stated in each Accommodation Description and any extra persons are not permitted to stay in the Accommodation;
- unless with the express written consent of the Accommodation Owner, the Accommodation cannot be used for commercial purposes including sub-letting;
- where WiFi is supplied, You agree to comply with all current legislation regarding the use of WiFi and the Internet. Neither Rick Stein Group nor the Accommodation Owner accepts no liability for the loss or damage to Your possessions or data nor for unavailability of the WiFi or internet connection;
- where car parking is provided, You must only use the allocated space. If in doubt of the size of the space, You should check with Rick Stein Group before booking;
- You are responsible for ensuring that Your chosen Accommodation is right for Your needs and that any specific needs and/or requirements have been raised with Rick Stein Group within a reasonable time PRIOR to the start day of the Booking Period;
- the Booking is inclusive of all linen and towels, gas, electricity and Wi-Fi;
- any monies owed in respect of damage or loss suffered to the Accommodation Owner’s by the Accommodation must be settled immediately;
- You have been advised to obtain and maintain cancellation insurance to protect against unforeseen incidents such as cancellation, accident or breakdown prior to or during the Booking Period;
- by submitting a request for the Booking to Rick Stein Group via the online method or otherwise, You are warranting that Your personal details as contained in the same are genuine and correct and relate to You.
9.2 Rick Stein Group on behalf of the Accommodation Owner reserves the right to terminate the Booking (and eject You from the Accommodation) forthwith without refund or other compensation if You are in breach of any of You obligations in this clause. You confirm that You will be liable for any loss or damage caused as a result of a breach of this clause 9.
10. WARRANTIES AND INDEMNITIES
10.1 You hereby warrant, represent and undertake to Rick Stein Group that this Agreement has been duly authorised by You and constitutes Your valid, legal and binding Agreement, enforceable in accordance with its terms and that You will comply with all applicable laws in connection with Your obligations under this Agreement
10.2 You shall indemnify and hold harmless Rick Stein Group on demand, and shall keep Rick Stein Group fully and effectively indemnified against any and all Losses imposed on, incurred by or asserted against Rick Stein Group, arising out of or in connection with:
(a) any breach of this Agreement or breach of warranty by You or the acts or omissions of You (other than and to the extent that any Losses arise directly from breach of these Terms by Rick Stein Group or Rick Stein Group’s negligence); and
(b) any failure of You to comply with Your obligations in clauses 4.3, 8 and 9.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 11.6, Rick Stein Group and the Accommodation Owner shall not be liable to You for any special, indirect or consequential loss or damage or any loss (whether direct or indirect) of profit, anticipated profits, business, data, opportunity, revenue, goodwill or reputation including in respect of damage to, or loss of, Your personal property or vehicles before, during or after the Booking Period unless such damage or loss is caused by the negligence of Rick Stein Group or the Accommodation Owner or that of any employee of Rick Stein Group or the Accommodation Owner acting in the course of their employment at the time the alleged damage or loss occurred. Please note that forgotten items will be returned to Guests wherever possible on receipt of pre-paid postage and packaging costs (or organised collection in person).
11.2 Subject to clause 11.6, Rick Stein Group cannot accept any liability to You for any inaccurate, incomplete or misleading information about any Accommodation and/ or its facilities provided to Rick Stein Group by the Accommodation Owner.
11.3 In the event that a Booking is cancelled or changed in accordance with clause 7, neither Rick Stein Group nor the Accommodation Owner shall not be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and alternative accommodation which have been arranged by You are at Your own risk.
11.4 Subject to clause 11.6, Rick Stein Group and the Accommodation Owner cannot accept any liability to You for any matters or circumstances beyond its control including noise, nuisance or disturbance from neighbours or other persons, local events, building works in the surrounding area, any disruption of service from utility suppliers, closure of local shops or amenities. Where Rick Stein Group have been put on notice of any of the above, Rick Stein Group will use reasonable endeavours to provide advance warning to You.
11.5 Subject to clause 11.6, Rick Stein Group’s and the Accommodation Owner’s total maximum liability in aggregate arising under or in connection with these Terms, whether in Agreement, tort (including negligence), breach of statutory duty or otherwise shall not exceed, in respect of Your Booking for the Accommodation during the Booking Period, an amount equivalent to the Booking Fees paid to Rick Stein Group in respect of the relevant Booking.
11.6 Nothing in this clause 11 shall however exclude or restrict Rick Stein Group’s liability for (i) fraudulent misrepresentations, (ii) any liability where the law does not permit such exclusion of liability, and (iii) death or personal injury arising from negligence.
11.7 You acknowledge that Rick Stein Group’s Services under this Agreement are limited to serving as an agent of the Accommodation Owner in relation to the Accommodation being made available for Bookings through Rick Stein Group and as agent to the Accommodation Owner, Rick Stein Group shall not be in breach of any of its obligations under this Agreement which arise or occur due to the act, omission, default of the Accommodation Owner or anyone representing, or employed by, the Accommodation Owner.
11.8 Except as expressly set out in this Agreement, Rick Stein Group gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
11.9 Rick Stein Group shall not be in breach of any of its obligations under this Agreement which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Agreement.
12. DATA PROTECTION & CONFIDENTIALITY
Every effort is made to provide You with a pleasurable and unforgettable stay at Your Accommodation. If You wish to make a complaint, it is vital that You make contact with Rick Stein Group immediately by telephoning 01841 532700 (and in any event within the Booking Period) and express the concerns You have so that an on the spot investigation, or remedial work can be undertaken as soon as possible in order to resolve the issue/s. In no circumstances will compensation be made for complaints made after the last day of the Booking Period save as required by law. If You vacate the Accommodation prematurely because You are dissatisfied with something or if You decide to make a complaint outside of the Booking Period, under no circumstances will communications regarding the complaint be entered in to, to the fullest extent permissible by applicable law. Rick Stein Group or the Accommodation Owner, will have no liability in respect of any complaint made outside of the Booking Period in so far as allowed by law.
Assignment: This Agreement shall be binding on and inure to the benefit of each of the parties and their respective successors and assigns. You shall not assign or sub-contract (including sub-letting the premises or sharing with anyone other than declared Guests), any of Your rights or obligations under this Agreement (in whole or in part) without the prior written consent of Rick Stein Group which shall not be unreasonably withheld or delayed. Rick Stein Group shall be entitled to assign or sub‑contract any of its rights or obligations under this Agreement in whole or in part.
Enforceability: If any one or more of the provisions of this Agreement should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired and the parties shall amend this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Entire Agreement: This Agreement (as defined) constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior agreements, arrangements and understandings relating to the matters provided for herein. You and Rick Stein Group acknowledge that You have not relied on any oral or written representations made by the other party or the other party’s representatives in entering into this Agreement and subject to clause 11.6 herein, each party irrevocably and unconditionally waives any right it may have to rescind the Agreement or claim damages for misrepresentation, whether innocent or negligent, or breach of any warranty not contained in this Agreement or implied by operation of law.
Force Majeure: If either party is unable to perform any obligation under this Agreement due to a Force Majeure Event, that party’s failure to perform that obligation shall not constitute a breach or default under this Agreement. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event.
Variations: Save as expressly provided in this Agreement, no variation to, or notice or consent under this Agreement shall be effective unless it is in writing and signed by an authorised signatory of each party.
Waiver: A waiver by any party of any of the terms or conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. No waiver of any right shall constitute a waiver of any other right or be effective unless made in writing and signed by an authorised signatory of the party making the waiver. No person other than a director of Rick Stein Group is an authorised signatory of Rick Stein Group for these purposes.
15. GOVERNING LAW & JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement.
16. DEFINITIONS & INTERPRETATION
In this Agreement (except where the context otherwise requires) the following words shall have the following meanings:
Accommodation: as set out in the Booking Notice Confirmation.
Accommodation Description: as set out on the Site.
Accommodation Information Folder: contains important information peculiar to the Accommodation and is located at the Accommodation.
Accommodation Owner: the owner of the Accommodation.
Administration Fee: a non-refundable fee payable on the instigation of a change to a Booking by a Guest as set out in clause 6.3 of these Terms.
Balance Payment: the Booking Fees less the Booking Deposit.
Booking: any confirmed Booking through Rick Stein Group to stay in an Accommodation during the Booking Period.
Booking Deposit: the Booking Fee less the Balance Payment payable in advance.
Booking Fees: the entire fees payable for a Booking in relation to an Accommodation i.e. the Booking Deposit, and the Balance Payment as applicable.
Booking Form: the form required to be completed by You to check availability of the Accommodation for the chosen Booking Period.
Booking Notice Acknowledgement: means the generic, automatic acknowledgement generated from the booking system when You submit Your Booking Form.
Booking Notice Confirmation: means the full confirmation notice sent to You by Rick Stein Group upon receipt of the Booking Form and Booking Deposit (or Booking Fee) to confirm the Booking as confirmed and as a legally binding Agreement.
Booking Period: the time during which the Booking is to take place e.g. from 1500 hours Saturday 19th May 2018 to Saturday 26th May 2018.
Commencement Date: as set out in the Booking Notice Confirmation.
Commission: the amount paid to Rick Stein Group by the Accommodation Owner in consideration of performing the Services.
Confidential Information: all information which is imparted or obtained under or in connection with this Agreement on, before or after the Commencement Date in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the personal affairs of the contracting party, including the terms of this Agreement.
Fees: any one or all of the following – the Booking Deposit, Balance Payment, Booking Fees, Optional Extra Fees and any Administration Fees or any other fees that may become payable.
Force Majeure Event: any happening or event beyond the control of the party concerned fire including any act of God, act of terrorism, riot, labour dispute, power or telecommunications failure.
Guest: a person (or persons) who makes and confirms a Booking and pays the Booking Fees where applicable in order to rent the Accommodation for the Booking Period. In these Terms, reference to ‘Guest’ is a reference to one or more person or persons singularly or jointly.
Losses: claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Optional Extras: include but are not limited to the following where the Accommodation does not come with these as default i.e. beach towels can be hired for ten pounds (£10.00) per towel.
Optional Extra Fees: refers to those fees charged for Optional Extras.
Week: a calendar week running for a period of seven (7) days.
Written Notice: means any notice or other communication given to a party under or in connection with the Booking or potential Booking (except in relation to the service of proceedings) which shall be in writing and shall be sent by email to the email addresses for each party as provided on the Site (Rick Stein Group) or on the Booking Form (Guest) or such alternative email addresses confirmed in writing by each party to the other and such communication shall be deemed received by 9.00am the next business day after transmission.