The Dairy Apartment & The Dairy Flat
St Mary's, Isles of Scilly
Booking Terms & Conditions
These Terms and Conditions (“these Terms”) apply to lettings of holiday accommodation. These Terms form the basis of the Customer’s contract with the Owner (all as defined below) so please read them carefully before making a reservation.
COVID-19 Cancellation Policy: If your booking has to be cancelled because The Dairy Flat / The Dairy Apartment is put under Government Restrictions and has to close, and the period of closure covers your booking then you will be refunded (minus a £50 admin fee) or given the option to defer your dates.
If your given address is put into Local/Regional Lockdown, rendering you unable to travel, and the period of restriction covers your booking you will be refunded (minus a £50 admin fee) or given the option to defer your dates.
Disinclination to travel for any reason such as illness (including Covid) or a recommendation to self-isolate/quarantine would not give rise to a right to refund unless we are able to re-let the accommodation.
We strongly urge all guests to take out appropriate and sufficient travel insurance and holiday insurance. There are several options which include cover for Covid related cancellations available from organisations like Trailfinders: www.trailfinders.com/insurance#/step1 or www.coverwise.co.uk/Travel-Insurance/corona-virus.aspx or www.gocompare.com.
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Terms: “Access Statement” the access information relating to the Property. “Administration Fee” a £50 administration fee due from the Customer to the Owner in the event of a cancellation, which will be deducted from all refunds.
“Booking Confirmation” the confirmation of booking provided by email or post to the Customer when a booking has been accepted.
“Booking Deposit” the deposit payable to secure a booking which shall be 25% of the Rental Fees.
“Booking Form” the accommodation booking form completed by the Customer if the booking is made online or by the Owner, on the Customer’s behalf, if the booking is made by email or telephone. “Customer” the customer booking the holiday accommodation.
“End Date” the last day of the Rental Period.
“Event Outside the Owner’s Control” any act or event beyond the Owner’s reasonable control, including, without limitation, fire, explosion, storm, flood, earthquake, subsidence, war, government action and prohibition, epidemic, pandemic or other natural disaster.
“Facilities” the facilities available at the Property which are described on the Website.
“Guest(s)” the people that occupy the Property subject to these Terms.
“Owner” Yve Peck residing at The Dairy, Higher Strand, Hugh Town, St Mary’s, Isles of Scilly, TR21 0PT
“Property” The Dairy Flat / Apartment identified in the Booking Confirmation, together with the fixtures, furniture and effects at that address.
“Rental Fees” the total amount due from a Customer in respect of a booking of the Property.
“Rental Period” the rental period specified in the Booking Confirmation.
“Start Date” the first day of the Rental Period.
“Website” the website advertising the Property which is currently located at www.thedairyflats.scilly.co.uk
2. GENERAL
2.1 The Facilities at the Property are as described on the Website. The Access Statement relating to the Property is available on the Website.
2.2 Images of the Property on the Website are for illustrative purposes only. The Owner makes every effort to describe Property and Facilities as accurately as possible, and to keep information up-to-date. The Property and the Facilities may vary slightly from the images.
2.3 The Property caters for 1 adult or 2 adults or one adult and a child over the age of 12. The owner reserves the right to refuse a booking if it feels that this may be detrimental to the surrounding homes and residents therein.
3. BOOKING AND PAYMENT OF BOOKING DEPOSIT
3.1 The Customer agrees: a) to pay the Booking Deposit, or the full amount of the Rental Fees if the Booking Form is submitted less than 8 weeks before the Start Date, to the Owner, within 5 days of submitting the Booking Form; b) that they are one of the Guests staying at the Property (unless agreed otherwise in writing by the Owner); c) that they are at least 18 years old; d) to check the details of the Booking Confirmation are correct and notify the Owner immediately of any discrepancies. The Owner cannot accept responsibility for any errors not corrected prior to arrival; e) to ensure that all Guests are aware of, and comply with, these Terms.
3.2 The submission of a Booking Form (by the Customer or the Owner on the Customer’s behalf) and payment of the Booking Deposit (or the full amount of Rental Fees if the booking is made less than 8 weeks before the Start Date) is an offer to let the Property on the requested dates. A booking is provisional until the Booking Deposit has been paid in full, in cleared funds and the Owner has issued a Booking Confirmation. The Owner reserves the right to refuse a booking and, if a booking is refused all Booking Deposits and Rental Fees paid by the Customer will be refunded immediately.
3.3 If the Property is not available on the requested dates, or if the Rental Fees have changed, the Owner will notify the Customer and suggest alternative dates and confirm the new Rental Fees. For the avoidance of doubt, no binding contract will come into existence until the Owner issues a Booking Confirmation.
3.4 If the Property is available on the requested dates and the Booking Deposit has been paid, the Owner will issue a Booking Confirmation to the Customer. At this point, a binding contract, incorporating these Terms, will come into existence.
3.5 The Owner strongly recommends that the Customer and all Guests take out holiday insurance. Insurance should cover all risks, including cancellation, accident, breakdown, loss or damage to personal property and all forms of travel delay and cancellation including adverse weather conditions.
4. PAYMENT OF RENTAL FEES
4.1 The Customer must pay the balance of the Rental Fees due to the Owner at least 8 weeks before the Start Date. The Customer agrees to make payment by cheque or bank transfer (BACS).
4.2 If the Customer has not paid the balance of the Rental Fees by the date specified in clause 4.1, the Customer will be deemed to have cancelled the booking under clause 11.
4.3 The Owner shall not be responsible for sending payment reminders to the Customer.
4.4 The Owner will check the Rental Fees displayed on the Website before issuing a Booking Confirmation. If the correct Rental Fees (or any associated VAT) are higher than the Rental Fees set out on the Website, the Owner will contact the Customer and request the correct Rental Fees. If the Customer does not agree to the correct Rental Fees, the Customer may cancel the Contract and all payments will be refunded by the Owner to the Customer.
4.5 The Rental Fee includes Wi-Fi, electric, water, bed linen and towels.
5. AMENDMENTS
5.1 If the Customer wishes to amend the booking after the Booking Confirmation has been issued, it shall notify the Owner in writing together with details of the required change (“Change Request”). All amendments are subject to the consent of the Owner, which shall be given at its sole discretion.
5.2 If the Change Request relates to an amendment to the Rental Period, it must be received by the Owner at least 8 weeks prior to the Start Date. The Customer agrees that new dates, set out in the Change Request, shall be within the same calendar year of the original Start Date. On receipt of the Change Request, the Owner shall endeavour to facilitate the amendment to the Rental Period provided that the Property is not subject to prior bookings on the requested dates. If the Property is available on the requested dates set out in the Change Request, the Owner shall confirm to the Customer if any additional Rental Fees are payable in respect of the amended Rental Period. If the Customer agrees to the additional Rental Fees, it shall pay the same to the Owner within 5 days of the Owner’s notification. Following the Owner’s receipt of the additional Rental Fees, the Owner shall issue the Customer with a written confirmation of the change (“Change Confirmation”) and the booking shall apply to the new Rental Period set out in the Change Confirmation.
5.3 The Customer agrees that it shall not submit a Change Request within 8 weeks prior to the Start Date.
6. RENTAL PERIOD
6.1 Unless the Owner confirms otherwise in writing, rentals commence at 5.00pm on the Start Date and end at 9.00am on the End Date.
6.2 All keys must be made available to the Owner on or before 9.00am on the End Date, unless the Owner confirms otherwise in writing.
6.3 The Rental Period cannot be exceeded unless the Owner gives prior written approval. The Customer shall be responsible for additional costs and charges arising due to unauthorised extensions.
7. OWNER’S OBLIGATIONS DURING THE RENTAL PERIOD
7.1 The Owner agrees that the Customer may quietly possess and enjoy the Property during the Rental Period without any unnecessary interruption from the Owner or any person on behalf of the Owner.
7.2 The Owner shall provide the Facilities at the Property.
8. CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD
8.1 The Customer shall: a) use the Property (including the Owner’s fixtures and fittings) in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times; b) be responsible for all damage caused to the Property (including the Owner’s fixtures and fittings), or to any other property owned by the Owner, resulting from any breach of the obligations set out in these Terms or any improper use by or negligence of the Guests or any person at the Property with the Customer’s permission. The Customer agrees to pay to the Owner all charges raised in respect of damage caused to the Property immediately on request. In the event that the damage affects any subsequent bookings at the Property, the Customer may also be responsible for lost rental fees incurred by the Owner as a result of such damage; c) keep the Property and the fixtures, furniture and effects at the Property clean and in the same condition as at the Start Date (fair wear and tear excepted); d) to keep possession of the keys for the Property and, in the event that the key is lost, pay to the Owner a charge of £20 for each lost key, immediately on request; e) not block or otherwise damage the taps, baths, wash basins, toilets, cisterns or pipes within or exclusively serving the Property; f) report to the Owner any damage, destruction, loss, defect or disrepair affecting the Property, or any of the fixtures, furniture and effects at the Property, as soon as it comes to the Customer’s attention; g) place all refuse in the receptacles provided for the Property; h) allow the Owner, its representative and/or its agent or anyone with the Owner’s written authority (together with the Owner’s housekeeper and any workmen) necessary access to enter the Property at reasonable times of the day to inspect its condition and state of repair and to carry out any necessary repairs, provided the Owner has given reasonable notice (with regard to the work to be undertaken) beforehand; i) not interfere with or obstruct any persons accessing the Property in accordance with clause 8.1h); j) in cases of emergency, allow the Owner, or anyone with the Owner’s authority, to enter the Property at any time and without notice; k) use the Property as a private holiday residence for the maximum number of people stated on the Booking Confirmation unless otherwise agreed in writing by the Owner. The Owner reserves the right to terminate the Contract in accordance with clause 11 without refund for a breach of this clause k); l) not do anything on the Property which may be a nuisance to or cause damage or annoyance to the Owner or the tenants or occupiers of any adjoining property; m) not play any musical devices which can be heard outside the Property n) not use the Property for any illegal or immoral purposes; o) not cause or permit any dangerous or inflammable substance to collect in or on the Property apart from those needed for general domestic use; p) not keep or allow any dogs (except assistance/guide dogs with written agreement of the Owner) or any other animal on the Property; q) not smoke inside the Property; r) not light any candles or naked flames inside the Property; s) not assign or sublet the Property or any part of the Property and not part with possession or share occupation of the Property or any part of it; t) not alter, add to or interfere with the appearance structure exterior or interior of the Property or the arrangement of the fixtures, furniture and effects belonging to the Owner; and u) at the end of the Rental Period, remove the Guest’s belongings from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms limits or excludes the Owner’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation.
9.2 If the Owner fails to comply with these Terms, the Owner is responsible for losses which are a foreseeable result of its breach of these Terms or its negligence, but the Owner 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.
9.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Guest/s, uses the Property for any commercial or business purpose the Owner will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. CANCELLATION BY CUSTOMER
10.1 If the Customer intends to cancel the booking after the Booking Confirmation has been issued, it shall notify the Owner in writing (“Cancellation Notice”).
10.2 If the Cancellation Notice is received by the Owner: a) 8 weeks or more before the Start Date the Owner shall be entitled to retain the Booking Deposit, but the balance of the Rental Fees will not be due; or b) less than 8 weeks before the Start Date, the Owner may retain 100% of the Rental Fees. If the Customer cancels the booking in accordance with clause 10.2, the Owner shall endeavour to re-let the Property during the Rental Period which is subject to the cancellation. If the Owner can re-let the Property during the cancelled Rental Period, it shall refund the Booking Deposit or the Rental Fees (paid by the Customer) to the Customer, less a £50 Administration Fee. If the Rental Period is only partially re-let or is re-let for less than the full Rental Fee, an equivalent proportion of the Booking Deposit or the Rental Fees will be refunded to the Customer, less a £50 Administration Fee.
10.3 If the Customer has not yet paid the balance of the Rental Fees, it agrees that it is responsible for the full payment of the Rental Fees if it cancels the booking in accordance with clause 10.2b).
11. CANCELLATION BY OWNER
If there has been a substantial breach of any of the Customer’s obligations, the Owner may terminate (i.e., bring to an end) the contract that exists in relation to the Property and may recover possession of the Property. The Owner shall not be liable for any losses incurred by the Customer because of the Owner terminating due to the Customer’s substantial breach of its obligations. The other rights and remedies of the Owner will remain in force.
12. COMMUNICATIONS
12.1 The Owner may contact the Customer by telephone or by writing to the email address or postal address set out on the Booking Form.
12.2 The Customer may contact the Owner by telephone or in writing to the email address or postal address set out in the Booking Confirmation.
13. COMPLAINTS
13.1 If the Customer has any complaint about the Property, they may contact the Owner by telephone or email.
13.2 The Customer agrees to raise complaints during the Rental Period to allow the Owner to investigate the compliant and arrange for any necessary remedial action to be made.
14. PERSONAL INFORMATION
The Owner shall only use the Customer and Guest’s personal information as set out in the privacy policy displayed on the Website.
15. EVENTS OUTSIDE THE OWNER’S CONTROL
15.1 The Owner will not be liable or responsible for losses resulting from any failure to perform, or delay in performance of, any of its obligations in these Terms that is caused by an Event Outside the Owner’s Control.
15.2 If an Event Outside the Owner’s Control takes place that affects the availability of the Property during the Rental Period: a) the Customer will be contacted as soon as reasonably possible; and b) the Owner’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside the Owner’s Control. Where the Event Outside the Owner’s Control results in the Property becoming unavailable during the Rental Period, the Owner will use reasonable endeavours to arrange suitable alternative dates within the same calendar year and, if no alternative dates are available, the Owner may cancel the contract and a proportion of the Customer’s pre-payments will be refunded.
16. GENERAL
16.1 Any obligation on the Customer in these Terms and Conditions not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
16.2 The parties 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
16.3 An obligation in these Terms and Conditions to pay money includes an obligation to pay Value Added Tax in respect of that payment where applicable.
16.4 Under section 48 of the Landlord and Tenant Act 1987, the Customer is hereby notified that notices (including notices in proceedings) must be served on the Owner at the following address: The Dairy, Higher Strand, Hugh Town, St. Mary’s, Isles of Scilly, TR21 0PT, England.
The contract between the parties shall be governed by the laws of England and Wales.