Booking Conditions 

The small print is never the easiest read, but it is important. Our booking conditions describe our policies and procedures and clarify the contractual relationship between you and the Owner of Catboat Cottage. For any advice, please contact us.

​

1. Definitions

1.1 The following definitions and rules of interpretation apply in these booking conditions:

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

Booking Deposit: 40% of the Rental Fees, provided that the booking is submitted more than eight weeks before the Start Date.

Booking Form: the booking form completed by the Customer.

Customer: the person who submits the Booking Form.

Conditions: these booking conditions. Catboat Cottage: Catboat Cottage

End Date: the last day of the Rental Period.

Event Outside Control: any act or event beyond the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.

Guests: the people that occupy the Property subject to these Conditions.

Housekeeper: the person appointed by the Owner, who is responsible for the cleaning of the Property.

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

Optional Extras: additional items which may be made available at Catboat Cottage (and charged separately) if confirmed in the Booking Confirmation.

Owner: the owner of Catboat Cottage.

Property: the house and garden 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 a Customer in respect of a booking for Catboat Cottage.

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

Start Date: the first day of the Rental Period.

Website: Catboat Cottage’s website currently located at www.catboatcottage.co.uk

 

2. General

2.1 The rental arrangements are made by the Owner, and the contractual relationship is formed direct between the Owner and the Customer.

 

3. Duration and times of rental

3.1 The Rental Periods are for a maximum of 21 days and commence at 5.00pm on the Start Date and end at 10.00am on the End Date, unless otherwise agreed in writing by the Owner.

3.2 The Rental Period cannot be exceeded unless the Owner gives prior written approval. The Customer will be liable for any cost, of whatever nature, incurred as a result of any unauthorised extension.

 

4. Deposit

4.1 If a booking is made eight weeks or more before the Start Date, a Booking Deposit is payable. The Booking Deposit shall be paid by the Customer at the time they submit the Booking Form to the Owner.

4.2 If a booking is made less than eight weeks before the Start Date, the full Rental Fees, plus any additional charges (such as charges for Optional Extras) must be paid at the time of submitting the Booking Form.

4.3 The Customer’s submission of a Booking Form and/or deposit is an offer to book the Property. If the Property is available on the requested dates, the Owner will send a Booking Confirmation to the Customer. At this point a binding contract, incorporating these Conditions, will come into existence.

4.4 The Owner reserves the right to refuse a booking, including where the Customer has used abusive, derogatory, inappropriate, or offensive language (whether in respect of the current booking or a previous booking) when communicating with the Owner, staff and representatives. If the Owner refuses a booking, the Deposit, Rental Fees, and any additional charges paid by the Customer will be refunded to the Customer immediately.

 

5. Final payment

5.1 Unless otherwise agreed in writing by the Owner, the Rental Fees shall be set out on the Website at the time of submitting the Booking Form.

5.2 Subject to clause 7, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 5.3, together with any additional charges.

5.3 Payment of the Rental Fees and additional charges are due to the Owner eight weeks before the Start Date (the “Due Date”) and non-payment by the Due Date may be treated as a cancellation.

5.4 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 the Owner shall retain the Booking Deposit

5.5 The Owner shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.

 

6. Changing a booking

6.1 Once a Booking Confirmation has been sent, the booking can only be changed by cancelling the original booking in accordance with clause 7.

6.2 The Rental Period may not be changed by the Customer within eight weeks of the Start Date. Any other changes to the Rental Period are subject to approval by The Owner and a £50 administration fee payable to the Owner.

 

7. Cancellation

7.1 A booking can only be cancelled prior to the Start Date.

7.2 If a Customer wishes to cancel the booking, it must notify the Owner in writing (“Cancellation Notice”). Clause 15 shall apply if the Property is unavailable due to an Event Outside Control.

7.3 In the event that a Cancellation Notice is received by the Owner, a cancellation charge is payable depending on the number of days before the Start Date. The amount payable is set out below:

Cancellation Charges

 

Number of days before the start date                             (as percentage of the Rental Fees)

                                                                                                                            

0   – 13 days                                                           100%

__________________________________________________________________________________________________

14 – 30 days                                                            75%

__________________________________________________________________________________________________

31 – 56 days                                                            60%

__________________________________________________________________________________________________

56 days or more                                                        Deposit

__________________________________________________________________________________________________

 

7.4 The Owner strongly recommends that Customers and Guests take out cancellation insurance in relation to their booking.

 

8. Optional Extras

Any Optional Extras will be quoted and agreed before your stay and charged accordingly.

 

9. Price changes

9.1 The Owner 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.

 

10. Method of payment

All payments made to the Owner may be made by cheque, credit card, debit card or electronic bank transfer. Cheques should be made payable to ‘Holly Faulconbridge’ and can only be accepted if received at least two weeks before the Start Date. Post-dated cheques are not acceptable.

 

11. Overseas bookings

Customers located outside the United Kingdom shall pay in Pounds Sterling by cheque drawn on a UK bank, Mastercard, Visa card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.

 

12. Eligibility

The Owner is essentially providing family holidays and it is our policy not to accept bookings for hen or stag parties.  The Customer must stay at the property for the duration of the booking.

 

13. The holiday

The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).

 

14. Customer obligations

The Customer agrees:

14.1 to report to Catboat Cottage 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.

14.2 to pay for any losses or damages to the Property caused by a Guest (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 Guests then the Owner, has the right to reclaim any costs incurred up to the sum of £350 from the card the Customer used to pay the Rental Fees. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests.

14.3 to stay at the property for the duration of the booking, take good care of the Property and leave it in a clean and tidy condition at the End Date. A cleaning service is not provided during the Rental Period unless otherwise agreed in writing by the Owner. If the Owner is dissatisfied with the condition of the Property at the End Date, they reserve the right to refuse to accept subsequent bookings from that Customer.

14.4 to permit the Owner and Housekeeper and representatives reasonable access to the Property at all times without notice.

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

14.6 not to sell or transfer the booking to another party without the Owner’s prior written consent.

14.7 to ensure that only the Guests who are identified on the Booking Confirmation occupy the Property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the Start Date.

14.8 not to smoke/vape at the Property or cause an annoyance or become a nuisance to occupants of adjoining premises.

14.9 to take all necessary precautions to prevent a fire as detailed in our risk assessment.

14.10 The Owner accepts no liability for additional costs incurred if the Customer or Guest’s vehicle is damaged.

14.11 to at all times behave in a respectful and polite manner to the Owner, Housekeeper and representatives.

14.12 to not use any abusive, derogatory, inappropriate or offensive language when communicating with the Owner, Housekeeper and representatives.

14.13 The Customer and Guests further agree that they shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may cause safety risks and damage to the Property.

14.14 to ensure that any third-party service providers (e.g. caterers and private chefs) have taken out insurance policies to cover all risks associated with the services they are providing.

14.15 that notices (including notices in proceedings) must be served on the Owner at the following address: c/o Catboat Cottage, 16 Fieldgate Lane, Kenilworth. Warks. CV8 1BT.

 

15. Non-availability of Property

15.1 The Owner 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.

15.2 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 the Owner’s 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.

 

16. Liability

16.1 Nothing in these Conditions excludes or limits the liability of the Owners or Housekeeper and representatives for:

i. death or personal injury caused by the Owner’s, Housekeeper’s, or representative’s negligence; or

ii. any matter which it would be illegal for the Owner, Housekeeper, and representatives to exclude or attempt to exclude their liability.

16.2 If the Owner fails to comply with these Conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these Conditions or their 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.

16.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, subsequently uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

17. Property descriptions

17.1 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 the Owner’s control. If the Owner is aware of any material changes at the time of the Customer’s booking, then they shall endeavour 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 the Customer and Guests should rely. Although the Owner makes reasonable efforts to ensure the information on the Website is up to date, it makes no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up to date.

17.2 Catboat Cottage offers WiFi and has this information detailed in the description on the Website. The provision of WiFi is subject to availability and network conditions.

 

18. Complaints

18.1 All complaints must be notified to the Owner as soon as reasonably practicable, as the Owner 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 losses.

18.2 The Customer agrees that the Owner, Housekeeper, or representatives 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.

 

19. Pets

19.1 Pets are not permitted at the Property of any kind.

19.2 The Owner cannot guarantee that there have been no pets previously kept at the Property.

 

20. Bed linen and towels

Bath towels and Tea towels are provided but not beach towels.  Linen and towels are changed at the End Date. If the Customer requires fresh linen and towels during the Rental Period, they should contact The Owner and who may agree to provide fresh linen and towels subject to the payment of an additional charge.

 

21. VAT

No vat is payable.

 

22. Breach of contract

22.1 If there is a substantial breach of any of these Conditions by the Customer or any Guests including a breach of clauses 14.7, 14.8, 14.11, 24.2,and 24.3 the Owner, Housekeeper or representatives reserve 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.

22.2 If there is a substantial breach of any of these Conditions by the Owner, 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.

22.3 Ending the contract by either the Owner or the Customer does not affect that party’s other rights and remedies.

 

23. Personal Data

23.1 The Owner shall collect the names (first names and surnames), addresses and, if the Guest is under eighteen years of age, the age of the Guests (“Contact Data”). The Owner will process the Contact Data:

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

ii. to contact the Customer and Guests by post with information about the Owner’s Property.

23.2 The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.

23.3 The Owner may pass this personal information to the Housekeeper and other third-party service providers (acting as the Owner’s agent) for the purpose of completing the booking and supplying the Property to the Customer and Guests.

23.4 The Owner may also obtain the Customer’s personal information in the course of the sale, or negotiations for the sale, to the Customer. The Owner may contact the Customer by electronic means (email or text) with relevant information and offers. If the Customer does not want the Owner to use its personal information in this way, it can opt out at any time by contacting the Owner.  The Owner may also contact the Customer by postal means with marketing materials. If the Customer does not want the Owner to use its personal information in this way, it can opt out at any time by contacting the Owner.

23.5 The Owner may retain the Customer’s 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.

89

24. Authority to sign

The Customer who completes the Booking Form agrees that:

24.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added after the Booking Confirmation is issued, and ensure that the Guests comply with these Conditions;

24.2 they agree to take responsibility for the Guests occupying the Property, and to stay at the property for the duration of the booking

 

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

 

26. Previous websites and conditions

The Website and these Conditions replace and supersede all previous Websites and Conditions.

 

27. 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.

 

28. Third Party Rights

The Owner and 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.

 

29. Governing Law and Jurisdiction

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

 

30. Gift Vouchers

Gift vouchers can be redeemed against a booking made with Catboat Cottage within 24 months of the date of issue of the Gift Voucher and will automatically expire after 24 months of issue. The Owner shall not be responsible if the Gift Voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted, or used without permission. The Gift Voucher is not exchangeable, non-transferable, and non-refundable. If the Rental Fees exceed the amount of the Gift Voucher, the balance must be paid by debit or credit card. All bookings are subject to Catboat Cottage’ Bookings Conditions. To redeem a Gift Voucher, please email catboatcottage@gmail.com or call 0776 6662407.