The owner is the owner of the property authorised representative or entity.
‘The Property' means the owner's property as described on the website.
'You' means the person booking the property let. (Guest).
‘Start date' means the date and or time of the start of holiday period as confirmed by CBH.
‘The departure date' is the holiday period end date as confirmed by CBH.
‘The holiday period' means from 15.00 on starting day until 11.00am on the departure day unless otherwise stated on the web site or any brochure or agreed by CBH.
‘The 'holiday rental' means the full due rental payable for the holiday period, excluding any security deposit or other extra.
2 You, the Agent and the Property Owner
CBH is a booking agency for property owners shown on the web site. Immediately you book a property through CBH a contract is made with the owner of that property which is subject to these conditions.
3 The use of the property
The property must be used solely the purpose of a holiday during the holiday period, and not for a longer period unless otherwise agreed. If any member of the party or you yourself does not vacate after the notified departure date, the owner shall be entitled, apart from other remedies, to charge you a daily fee proportionate to the holiday rental for the period until the property is finally vacated.
4 CBH and owners cannot guarantee that a property booked by you will be free from substances which may cause allergic reactions, in particular, those caused by a dog or cat that has previously stayed in the property. Neither will be liable for any symptoms you or any member of your party may suffer as a result of an allergic reaction.
5 Household pets
6.1 Except where specified animals are permitted, no animal, bird or reptile is permitted in the property.
6.2 A fee per dog or cat may be payable each week or part week
6.3 No household pet is permitted on furniture or in a bedroom; owners reserve the right to introduce additional local restrictions
6.4 Pets must not remain unsupervised at the property at any time.
6.5 As much pet hair as possible should be removed from the property on the departure date. Extra cleaning charges needed to remove pet hairs could otherwise be charged to you.
6.6 Although a property may not accept pets, this does not guarantee that animals have not been in the property in the past.
6 Rights of occupation
You and your party, but no more than the number of people indicated on the web site, are permitted by the owner to occupy the property for the period paid for by the holiday rental, which payment is required in advance, together with use of the kitchen equipment, crockery, glasses furnishings, etc. All properties include bed linen and towels, but you are advised to check the details when booking. Hen/stag parties are not permitted unless otherwise agreed by the owner or CBH.
7 Arrival/Departure Times
On the changeover day, arrival should be from 15.00 or as otherwise arranged in writing and departure should be no later than 11 am or as otherwise arranged in writing. Changeover days are usually Saturdays in peak season, flexible at other times. In the event that these times are not adhered to, an additional day’s rent is payable for each day or part of day longer than the agreed holiday rental period.
8 Booking arrangements and payments
Bookings can only be made by CBH on the formal holiday booking form. A deposit is required for all bookings, the booking fee and for any extras or, if the booking is later than 8 weeks before the start date, the total rental with the booking fee and any extras is due. CBH will then confirm the booking by email. The balance of the holiday has to be paid at least 8 weeks before the start date. Any provisional bookings accepted will be automatically cancelled if not confirmed within 4 days. The party leader must be a legal adult at the time of booking. This person must have authorisation of all other members of the holiday party to make the booking on the basis of these booking conditions. The process of making the booking shall confirm this. All payments due to us are the responsibility of the party leader. Indicated prices are invitations to treat and only become part of the offer once confirmed by the homeowner in the booking process. You must check your emails regularly and inform us of any change of address or e-mail address. When you receive your confirmation, the details should be checked carefully as soon as possible. You should inform us immediately or as soon as possible of any problems.
You are strongly advised to take out holiday cancellation insurance to provide cover in case of cancellation of your booking before or during your holiday through accident or illness of any member of your party. Where cancellation takes place, CBH will take every effort to re-book the property. Where this occurs, CBH may then be able to return any rental and deposits paid less costs. Any provisions under UK Distance Selling Regulations will take precedence.
More than 56 days deposit retained
56 to 28 days 75% of rental retained or requested
28 to 0 days 100% of rental retained or requested
9. ‘Force Majeure’
Unless stated otherwise, we regret that neither CBH nor the owner/service provider can, either jointly or individually, accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract by us, owner and/or service provider is prevented or affected by or you otherwise suffer any damage or loss as a result of ‘force majeure’. In this case, ‘force majeure’ means an event beyond the reasonable control of the owner, the service provider and/or CBH which CBH or the owner/service provider in question could not, even with all due care, foresee or avoid including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unpredictable failure of utilities such as the partial of full loss of water or power, insolvency or bankruptcy of an Owner or Service Provider, fire, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
10. Information and description of property
Much work is done to aim that all properties on the web site are fairly and accurately described prior to going to press. In rare cases, owners may make changes to the set up of their property after publication or decide to change rates without notifying CBH, in these situations CBH cannot be held responsible. However, if the CBH believes this will have an affect on your holiday, every effort will be made to inform you in good time. All changes in the relevant descriptions are noted on the individual website property pages as soon as CBH finds out about them. Where locations are indicated on maps they are approximate and markers are placed in such a way to give useful information that will not detract from the perceived or actual quality of a holiday selected.
11. Duties and obligations
11. 1 permit the owner or CBH or its authorised representatives to enter the property to inspect the state of it and to carry out necessary works of maintenance or repair, at all reasonable times upon 24 hours' prior notice either in writing or by telephone call, or in the event of emergency without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused
11.2 not cause any damage to the walls, doors or windows of the property;
11.3 keep the property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage caused by you during the holiday period;
11.4 not do anything that may reasonably be considered to cause a nuisance or annoyance to the owner or to any other occupier of adjoining or neighbouring premises;
11.5 not do or permit any act that would make any insurance policy on the property void or voidable or increase the premium; and,
11.6 comply with any rules or regulations applicable to the property booked, full details of which will be made available to you and any other regulations reasonably made from time to time after prior consultation with you and notified to you from time to time during the holiday period and ensure that they are observed by all members of your family or party. Unless otherwise stated, no smoking is permitted within any property. The owner reserves the right to repossess the property if excessive damage has been caused by you or a member of your party.
11a. Other Duties.
No electrical or other heating device must be employed, except that which is already in the property. Use of professional film, video or other related devices is not permitted without prior permission of the owner; breach of this could entail immediate termination of the lease with no refund of rental for any unexpired period.
The party leader and all responsible adults should pay due attention to health and safety and ensure they have read and understood all relevant information provided for their stay in the property including any information provided on the web site of CBH. These terms are not only part of this agreement by are also part of any contract you (the holiday maker) may have with the owner of the holiday let.
12 Security deposits
Property details indicate that a security deposit is payable in addition to the holiday rental. Any security deposit will be held by the holiday let owner or provider or their authorised representative to cover any losses, damage and/or additional cleaning charges if the property is left in an unsatisfactory condition. This security deposit will be refunded by the holiday let owner, provider or authorised representative, subject to any necessary deductions by reason of you or any member of your party's breach of your obligations in clause 11 above.
CBH cannot act as arbitrator in any dispute between the owner and the tenant over the security deposit. Such disputes shall be settled directly with the owner, for whose actions CBH cannot accept responsibility.
13 Quality and complaints
CBH has a policy to handle complaints as quickly and efficiently as practical.
13.1 Any complaint in respect of a property must immediately be reported to the keyholder to ensure there’s enough time to investigate and/or ensure a remedy. Compensation cannot be offered if you deny CBH or the owner the opportunity to rectify of correct matters during the holiday period. Where practical and possible, the homeowner or their representative should be contacted as quickly as possible for the purposes of correction of any quality concerns such as heating problems. This will ensure that any events which may detract from the holiday are minimised where possible in reasonable time. It is the duty of the party leader or assigned guests to ensure reasonable steps are taken to permit the appropriate action to address any quality concerns that might detract from the enjoyment of the holiday.
13.2 Neither the owner nor CBH accepts responsibility for work taking place outside the boundary of a property. This also applies for noise or nuisance resulting from third party activity over which the owner or CBH has no control or prior knowledge sufficient to take any practical steps to try to remedy or inform those on holiday. CBH strongly recommends that anyone with such concerns avoid town/village centre properties, as noise disturbance is more likely in such locations.
14 Where the property becomes or is unavailable in a period booked for a holiday
Where a property itself may be or is unavailable beyond the control of CBH (e.g. due to fire, flood, sale, etc:), CBH will take all reasonable steps and make every effort to find a suitable alternative for the holiday period, otherwise, the holiday rental and any and other sums paid by you will be refunded. In these circumstances, there will be no other claim against the owner or CBH. This paragraph is subject to paragraph 9.
15 Where contracts may be terminated early
Your contract may be determined before the end of the holiday period by CBH giving you notice in the event of you being in material breach of the terms of these conditions by reason of fire or some other catastrophic event of the type covered in a comprehensive insurance policy. In the case of determination, otherwise than by reason of your default, CBH shall return to you the appropriate proportion of the holiday rental attributable to the then unexpired remainder of the holiday period.
16.1 The owner and / or CBH shall not be liable for any death or personal injury unless this results from an act of neglect or breach of statutory duty by the owner or CBH or any of their employees who were at the time acting in the course of their employment.
16.2 All necessary steps must be taken by tenants to safeguard personal property.
No liability is accepted by the owner or CBH in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the owner or CBH or that of any of their employees (providing they were at the time acting in the course of their employment). As CBH acts only as agent for the Owner, CBH cannot accept any liability for any act neglect or breach of statutory duty by the owner or anyone representing, or employed by, the owner.
16.3 Any material health and safety concerns arising from the condition of the property or materially connected to the stated or legal responsibilities of CBH should be reported to either the owner or CBH or both where relevant and without delay. Tenants are expected to take due care of their health and safety under obligations stated in health and safety legislation.
16.4 Limitation Of Liability. Except in respect of death or personal injury, if the owner or CBH is found liable to you on any basis, the maximum amount the owner or CBH will have to pay you is the amount of the holiday rental. Neither the owner nor CBH shall be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the owner or CBH, their servants or agents or otherwise) which arise out of or in connection with these conditions.
16.5 As we act only as agent for the owner/service provider CBH cannot accept any liability for any act or omission on their part or of anyone representing, or employed by them. In addition, we cannot accept any liability for any defects or shortcomings with or in any property this is because all properties are solely controlled by their owners. The contract between you and the owner is subject to the owner’s terms and conditions; they may contain other limitations to their liability.
16.6 Any dispute or complaint which the Client may have concerning his holiday must be immediately reported directly to the local key holders. If the matter is not resolved to your satisfaction it should be reported immediately to the Proprietor and they will endeavour to put matters right. Any complaints not reported to either the Property Managers at the time and only reported to the Proprietor after the Client has returned from holiday will not be considered by the Proprietor
16.7 We expressly do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for our own criminal act but excluding these, neither CBH nor the owner accepts responsibility for injury to tenants, their guests or third parties or loss or damage to their belongings, any car or its contents.
16.8 Owners and CBH cannot be held responsible for disturbance or noise from beyond the boundaries of the property or which are outside of the owner’s control. Should a source of reasonably obvious noise have been present before your arrival and we are made aware of this, we will inform you accordingly.
We are not responsible for the breakdown equipment such as pumps, swimming pool filtration systems, boilers, likewise for any failure of public utilities such as electricity water and gas.
16.9 Every effort is made to ensure all items of equipment described and supplied by owners are fit for use and working; but there is no guarantee or accepted liability in the event of breakdowns before or during a holiday. Although CBH and/or the owner will work to arrange replacements or repairs as quickly as possible, delays may occur, particularly during peak periods.
16.10 It is expressly stated that nothing in these conditions affects any liability for death or personal injury caused by the owner's or the CBH's negligence or for fraudulent misrepresentation, or your statutory consumer rights.
17 Data Protection
CBH and the owner will adhere to relevant data protection regulations. They will only use personal information provided by you for the purpose of making available and managing the property, or for informing you of the availability of similar services, unless you state otherwise and agree.
18 Applicable law and jurisdiction
These Conditions shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.
19. The Agent accepts no liability for any defects or unavailability of the Property or any other problems with the accommodation or its facilities. In the event that the property is not as described, the Holidaymaker’s right of redress shall be against the Owner and not the Agent
A breach or partial breach of any one part of these terms will not, of itself, invalidate or make inapplicable any other part. Where apparent conflict between these terms and others written in other places occurrs, these terms are to apply. By paying the deposit or the full amount of the holiday you are agreeing to the terms and conditions above.
Developed from CHL, Leominster standard terms