Booking Conditions
The following terms & conditions apply to all reservations made via Oyster Holiday Cottages Limited (“OHC”) for a holiday property rental and are deemed to be accepted by all parties at the point a reservation is made, whether the reservation is made online, by post or by telephone. Copies of these terms and conditions may be found on the OHC website and are sent in writing with all booking confirmations made by OHC.
1. Definitions
a. A “booking” means a reservation of a holiday rental property, however made.
b. The “holidaymaker” means the person making the booking.
c. The “property owner or principal” (POP) means the owner of the holiday property or the principal representative thereof.
d. The “booking fee” is an administrative charge made by OHC for processing the booking. e. The “property” means the holiday rental property which is the subject of a booking. f. references to “in writing” in these Booking Conditions shall be deemed to include email.
2. The parties to this agreement
a. The booking contract is between the holidaymaker and the POP.
b. OHC acts only as the agent of the POP for marketing the property and administering bookings. OHC does not own the property.
c. The booking contract between the holidaymaker and the POP becomes binding once a deposit and booking fee has been paid to OHC by the holidaymaker and a confirmation of the booking has been sent to the holidaymaker by OHC
3. The holidaymaker
a. A holidaymaker must be over 18 years old.
b. The holidaymaker must be present in the property during the booking. OHC does not accept bookings made on behalf of third parties.
c. The holidaymaker is assuming full legal responsibility for all aspects of the booking.
d. OHC reserves the right to refuse any booking made for single-sex parties of more than six people or groups of three of more where all members are under the age of 21.
4. Charges and payments
a. A booking fee and a deposit of 30% of the total rental fee must be paid by the holidaymaker before the booking can be confirmed.
b. The booking fee is non-refundable.
c. Rental deposits are non-refundable except as provided in these terms and conditions.
d. The balance of the rental charge or final payment is due at least six weeks prior to the commencement of the booking.
e. Where the final payment remains unpaid after seven days of the due date, OHC has the right to cancel the booking and re-let the week. The holidaymaker has no right to claim against OHC or the POP for cancelling the booking in these circumstances.
f. All payments must be made in pounds sterling.
5. Security deposits, damages and breakages
a. The holidaymaker must promptly report to OHC any damage or breakages that occur during their stay in the property, irrespective of how the damage or breakage occurs or who was responsible.
b. All holidaymakers making a booking must provide valid credit/debit card details, no matter how they pay their deposit or final payment. These may be used by the POP or OHC to settle the cost of any damage for which the holidaymaker can reasonably be held responsible. Failure to provide valid credit/debit card details no later than seven days after the due date for final payment of the rental charge may result in the booking being cancelled.
c. OHC, the POP or their representative will inspect the property after the holidaymaker’s departure. OHC will notify the holidaymaker within ten days of any damage noted and will send details, together with photographic images where appropriate, and seek an explanation. Where the explanation is considered insufficient to absolve the holidaymaker of responsibility, OHC will send the holidaymaker an invoice for the cost of replacement of the damaged item(s) or such other remedial work as it deems necessary. If the invoice is not settled by the holidaymaker within fourteen days of its issue, OHC may charge the applicable costs against the credit/debit card details which it holds on file.
d. OHC reserves the right to require the holidaymaker to pay an additional security deposit in advance of the booking where it has concerns about the risk of damage. In particular, an enhanced security deposit may be required for certain types of booking including, but not limited to, corporate or group bookings, those for very large parties, festive bookings, and bookings by groups of single-sex guests.
e. OHC may use the security deposit (if any) in whole or in part to settle the cost of any damage or breakages for which it holds the holidaymaker responsible. Where the cost of rectification is greater than the amount of the security deposit, OHC reserves the right to charge the applicable excess against the credit/debit card details that it holds on file.
f. The POP reserves the right to make a claim against the holidaymaker for the repair or replacement of any damage or breakage and any loss arising therefrom whether or not the holidaymaker has paid a security deposit.
6. Arrivals and departures
a. Booking periods commence from 4pm on the scheduled day of arrival.
b. Booking periods end at 10am on the scheduled day of departure.
7. Restrictions on holidaymakers
a. The number of holidaymakers permitted to stay in or otherwise use the property may not exceed the capacity identified on OHC’s website, unless otherwise agreed in writing by OHC.
b. OHC reserves the right to refuse entry or to ask holidaymakers to leave the property prior to or during their stay should it consider that the house will not be or is not being used for its intended purpose or that the number of guests exceeds the permitted maximum.
c. All holidaymakers agree to accord the property and its neighbours due care and respect at all times and to leave the property in the same condition and state of cleanliness as it was in when they arrived.
d. Smoking is not permitted in the property.
e. Charging of electric vehicles via the property’s electrical supply is expressly prohibited, unless the property specifically advertises the ability to do so, which may incur additional charges.
f. Use of large appliances such as hot tubs which are not provided with the property is not permitted unless specifically agreed in writing by OHC.
g. The holidaymaker agrees to allow OHC, the POP or their representatives access to the property at any time during the booking period if they suspect a possible breach of these booking conditions.
8. Amenities
a. Bed linen and towels will be provided in every property. There will be one bath towel and one hand towel supplied per guest, which are for use in the property only and are not to be removed by the holidaymaker.
b. Costs incurred for electricity, gas, oil and water charges are included in the rental fee.
c. Any outages or other operational problems must be reported promptly to OHC which will use its best endeavours to fix the issue on a timely basis but which cannot be held responsible for the problem.
d. Where internet connection/wifi is provided with the property it may not be used for any unlawful or inappropriate purpose.
e. Where internet/wifi is advertised with a property the internet speed or availability cannot be not guaranteed.
f. High-chairs, cots (bedding is not provided) and stair gates are available in some but not all properties. Holidaymakers should enquire in each case with OHC.
9. Pets
a. Pets are only allowed in properties that are advertised as allowing them on the OHC website or where otherwise agreed in writing in advance with OHC.
b. Where a fee is charged for pets, this must be paid prior to the holidaymaker’s arrival.
c. Holidaymakers’ assistance dogs are free of charge, but they must still be notified to OHC in advance.
d. Pets must be house-trained, clean and up-to-date with all their appropriate vaccines and flea prevention treatments.
e. Pets may not be left unattended in the property.
f. Pets are not allowed on any furniture or in bedrooms.
g. Where the property does not accept pets, this does not guarantee that pets have never been in the property.
h. The holidaymaker must remove all evidence of pet occupation, both inside and outside the property, before departing.
10. Complaints
a. Where the holidaymaker wishes to make a complaint or raise an issue about any aspect of the property, they should contact OHC as soon as possible. Complaints should in any event be made prior to the departure of the holidaymaker; it is not possible to address complaints made after the holidaymaker’s departure.
b. OHC will seek to resolve any issues quickly and must be allowed a reasonable opportunity to do so without restrictions on access the property.
11. Cancellations by the Holidaymaker
a. The holidaymaker should notify OHC immediately in writing if they wish to cancel their booking. Any cancellation will only take effect when OHC receives the written notice.
b. If the cancellation is made before the final payment is due, the holidaymaker will not be liable to pay the balance, but will forfeit the deposit paid.
d. If the cancellation is made after the final payment is due, the holidaymaker will be liable to pay the full balance of the booking. Any request for an exception to be made must be in writing to OHC and will be reviewed on a case-by-case basis.
e. The holidaymaker agrees that OHC may re-advertise the cancelled dates at whatever rate OHC considers reasonable.
g. Where OHC or The POP has materially breached these Booking Conditions, the holidaymaker is entitled to cancel the booking and receive a full refund.
h. All holidaymakers are strongly encouraged to take our adequate travel and trip cancellation insurance.
12. Cancellations by the POP or OHC
a. OHC reserves the right to refuse any booking and/or to cancel on behalf of the POP any booking already made if the property becomes unavailable due to circumstances beyond its reasonable control such as but not limited to a fire or flood. In such an event, a full refund or, if acceptable, alternative accommodation will be offered to the holidaymaker. Neither OHC nor the POP can be held liable for any loss arising from the cancellation.
c. The POP and OHC have the right to cancel a booking should the holidaymaker not comply with these Booking Conditions. No refund will be due to the holidaymaker in such an instance.
13. Booking amendments and transfers
a. Where a holidaymaker wishes to make an amendment to the booking after it has been confirmed, they should do so in writing to OHC with details of the proposed amendment. The OHC may need to consult the POP and will notify the holidaymaker in writing as to whether the amendment is agreed. OHC cannot guaranteed that the amendment request will be agreed.
b. If the amendment is approved, there may be additional charges, for example where the booking is moved into a more expensive time period.
c. OHC will make an administration charge of £50 + VAT for amendments that are implemented.
d. If the holidaymaker wishes to transfer the booking to another party, they must seek the approval of OHC in writing and provide contact details for the new lead holidaymaker. OHC will only transfer the booking where it has been confirmed by both the original and the replacement holidaymakers and where the new holidaymaker has expressly agreed in writing to these Booking Conditions and to assume full responsibility for the booking.
14. Marketing materials and pricing
a. To the best of OHC’s knowledge, the detailed description of the property on its website or in its other marketing materials were accurate and up-to-date at the time of publishing.
b. If OHC becomes aware of any changes to the property that will materially impact the property description as advertised, OHC will promptly inform the holidaymaker. OHC at its discretion may offer the holidaymaker the option to treat the change as grounds for cancellation of the booking.
c. OHC cannot be held responsible for any changes or closures to local amenities or attractions mentioned in any of its marketing materials.
d. The POP and OHC have the right to amend these conditions or the pricing of the property at any time prior to the booking being confirmed.
e. OHC reserves the right to amend prices where they are due to errors or omissions. Any such changes must be notified promptly to the holidaymaker, who will have the right to cancel the booking if the amended price is significantly higher than the original price quoted.
f. Prices quoted by OHC to holidaymakers are inclusive of the basic rental cost and all other applicable booking charges, including any relevant platform fees and any UK taxes or government charges which may apply to the booking at the time it is made.
15. Liability
a. The personal belongings, vehicles and equipment of the holidaymaker and their fellow guests are left at the property at their own risk.
b. OHC will not be liable for any act, neglect or default on the part of the POP or any other person not within OHC’s employment.
16. Data and Privacy
a. When a holidaymaker makes a booking with OHC, OHC will collect certain personal information necessary for the completion of the transaction and the provision of its services. This may include the holidaymaker’s name, contact details, payment information, credit/debit card details and any other details relevant to the booking. This information may be used to process the booking, manage the reservation, communicate with the holidaymaker and provide customer support services. Additionally, OHC may use the information to improve its services, personalise the holidaymaker’s experience, inform the holidaymaker of any relevant news or other information that OHC thinks may be of interest to the holidaymaker, and to prevent fraudulent activities.
b. OHC may share the holidaymaker’s personal information with third-party service providers, such as payment processors, and with the POP, as necessary to complete the booking.
c. OHC is committed to protecting the holidaymaker’s data and privacy at all times and will only use the information lawfully and in accordance with the UK Data Protection Act 2018 and these Booking Conditions.
17. Legal
a. These Booking Conditions and the bookings to which they relate are governed in all respects by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.