1: CONTRACT FORMATION - Upon receipt by us of the Booking Form, the Holiday Deposit and the Housekeeping Deposit, you will be sent a Confirmation of Booking. A contract is ONLY formed between you and us at the time of issue of the Confirmation of Booking. It is agreed that the Booking Form shall only be seen as an ‘invitation to treat’. The contract created in connection with your booking shall be deemed for the purpose of any litigation to have been created in Birmingham.
 

2: DEFINITIONS - For the purposes of these booking conditions:

“Booking Form”
“Confirmation of Booking”
“Holiday Deposit”
“Housekeeping Deposit”
“us” and “we”
“you”

means the form submitted by you to us to request your holiday;
means the letter or e-mail sent by us to you confirming your holiday dates are booked;
has the meaning given to it at clause 3;
has the meaning given to it at clause 4;
shall mean Paul Kirkby Cottages at The Oaks, Leasowes Farm Barns, Forrest Lane, Hanbury, B60 4HT; and
shall mean the person whose name appears on the Booking Form.
 

3: HOLIDAY DEPOSIT AND FULL PAYMENT - A deposit of one third of the rental is payable on booking (the “Holiday Deposit”). This should be sent to us with your Booking Form to the extent that you submit it by post or within 7 days of the date you submit your Booking Form electronically (as applicable). The balance is due 10 weeks before the first day of the holiday. Where a booking is made less than10 weeks before arrival then the full cost of rental should be sent to us with your Booking Form to the extent that you submit it by post or within 7 days of the date you submit your Booking Form electronically (as applicable). All payments must be made by cheque or, if agreed, electronic transfer to us by the stated date. To the extent that any payment is late then we reserve the right to charge interest at the rate of 3% over then current base rate of LloydsTSB Plc from the date payment was due up to and including the date that payment is actually received. If payment is not received accordingly then we reserve the right to cancel the booking and retain any Holiday Deposit to the extent one has already been paid. We will notify you in writing if we do this. This right is without prejudice to any other remedy available to us.
 

4: HOUSEKEEPING DEPOSIT - A housekeeping deposit cheque of £100 is payable (£200 for the Xmas & New Year weeks) at the time of booking (the “Housekeeping Deposit”). Again this should be sent to us with your Booking Form to the extent that you submit it by post or within 7 days of the date that you submit your Booking Form electronically (as applicable). This Housekeeping Deposit is intended and may be used to offset:

(a) the cost of remedying any damage, breakage or loss sustained by us; and/or
(b) any unbudgeted costs incurred by us to restore the cottage to a suitably clean and tidy condition; and/or
(c) excessive usage of utilities; and/or
(d) any other amount outstanding from you to us.

This deposit cheque will not normally be banked but will be shredded and disposed of following your stay unless funds are required. If funds are required we will notify you in writing of the amount deducted and forward the balance (if any) to you. The cashing of the cheque is without prejudice to any other right that we may have to claim monies from you for loss or damage arising from your use of the cottage which may exceed the amount of such cheque.
 

5: CANCELLATION BY YOU – We advise you to take out separate holiday insurance to cover the costs of the holiday to the extent that you need to cancel it for any reason. YOUR ATTENTION IS DRAWN SPECIFICALLY TO THE FOLLOWING:

(a) If you cancel your holiday more than 10 weeks before the date of commencement of the holiday then you will forfeit the Holiday Deposit that you have paid and remain liable for the remainder of the cost of renting the cottage. If we can re-let the cottage at the original price you agreed to pay then we will return your Holiday Deposit paid by you to us less an administration fee of £20 to cover our time and costs. If we re-let for less than the original price then it is agreed that we may also deduct the difference before returning the remainder to you.

(b) If you cancel your holiday less than 10 weeks before the date of commencement of your holiday then you will forfeit the entire cost of renting the cottage. If we can re-let the cottage at the original price you agreed to pay then we will return the entire cost of renting the cottage paid by you to us less an administration fee of £20 to cover our time and costs. If we re-let for less than the original price then it is agreed that we may also deduct the difference before returning the remainder to you.

In all cases we will need confirmation from you in writing that you have not already claimed under an insurance policy.
 

6: CANCELLATION BY US - If for any reason the cottage is not available, or has been rendered unsuitable for holiday letting, including but not limited to fire, damage or some system fault on the date booked, all monies paid by you to us will be refunded in full. It is agreed that we have no further liability and there shall be no further claim of any sort against us.
 

7: CARE OF THE COTTAGE – It is a condition of any booking that good care is taken of the cottage and contents and it is left truly clean and tidy as we intend you to find it. This care is to include all utensils, crockery, equipment and linen. While you may not necessarily be charged for minor items, you should be aware that all damages and breakage are your responsibility and these costs shall be repayable on demand.
 

8: THE COTTAGE is offered only on the understanding that no more than the maximum number of people as indicated on the Booking Form shall use it, except by our prior written agreement. We reserve the right to refuse any booking that may, in our opinion, by reason of number or composition be unsuitable for the cottage.
 

9: IF THERE SHOULD BE ANY CAUSE FOR COMPLAINT, or accidental damage, this must be reported to us immediately, otherwise the matter cannot be fully investigated. It is too late to report it after the holiday. While we will do everything reasonably within our power to effect speedy repairs to the cottage and/or furnishings or equipment or facility that may be faulty or fail during your holiday, no guarantees, warranties or representations are given and no refunds will be made and all claims are excluded should any such fault, failure or breakdown occur and not be immediately rectifiable or rectified.
 

10: ACCESS TO THE PROPERTY - There may be occasions when we will require access to the cottage to carry out amongst other things, repairs and inspections and you agree to allow us access at all reasonable times.
 

11: TERMINATION - We reserve the right to terminate any letting immediately in the event that you or any of your party cause any deliberate or negligent damage to the cottage, behaves in such a way to cause or constitute a nuisance to adjoining properties or you have more people staying in the cottage than listed on the Booking Form. In such cases you shall remain liable for the cost of any loss, damage or outstanding rental and agree to leave the cottage immediately. No refund shall be made.
 

12: NO LIABILITY - You agree that we cannot accept any liability whether in contract, tort or otherwise (other than for personal injury or death arising out of our proven negligence) for any loss (whether direct, indirect or consequential), damage, sickness, injury or cost howsoever caused which may be sustained during the holiday to:

(a) you; or
(b) any member of your party; or
(c) any person you invite into the cottage; or
(d) any possessions of any of the above (including for the avoidance of doubt any car)

For the purposes of this clause you are deemed to be acting as agent on behalf of the other members of your party to agree the same on their behalf. To the extent that any claim is brought against us by any of the above or any party connected with the above, including but not limited to an insurance company, then you agree to keep us indemnified at all times from the same (including all legal and professional costs).
 

13: TAX - At the time of preparation, no taxes were applicable, but if this situation changes and it becomes payable, you agree to pay the same.
 

14: JURISDICTION – This contract shall be governed by English Law and all disputes shall be submitted to the exclusive jurisdiction of the Courts of England and Wales for determination and their non-exclusive jurisdiction for enforcement.
 

15: NOTICES - It is agreed that all notices shall be sent either by post or email. If by post then in your case it will be sent to the address set out in the Booking Form and in our case it should be sent to the address set out in clause 2. If sent by email then in your case it will be sent to the email address you provide in your Booking Form and in our case it should be sent to enquiries@lakelandrockcottage.co.uk. Any notice sent by post is deemed to be received after 36 hours of postage to the extent that it is correctly addressed. Any notice sent by e-mail will be deemed to have been received 24 hours after the time of sending to the extent that it was sent to the correct address and no error message was received.
 

16: WHOLE AGREEMENT – These booking conditions, together with the Booking Form and the Confirmation of Booking constitute the whole agreement between us.