Please read these terms and conditions carefully when you make a reservation request with the Business (whether by email or telephone). These terms and conditions are deemed to have been read, understood and accepted by you and the Guests and you and the Guests agree to comply with them, and they will form part of the contract entered into by you.
1.1. 'the Amendment Fee' is the amount that the Business charges in respect of any changes you request to be made to your Booking once the Booking has been made, being £15.00 per amendment made.
1.2. 'the Booking' means the booking relating to the rental of the Property for the Holiday Period, and the associated Rental Services you receive from the Owners of those Properties under your contract with them.
1.3. 'the Booking Condition' means these terms and conditions which apply to any reservation you make with the Business for a Property where the Business acts as a booking agent whether by telephone, website, or via a third party.
1.4. 'Booking Confirmation' means the email sent to you confirming your Booking together with a copy of these Booking Conditions and other details relating to your Booking, as is further detailed at paragraph 8.5.6.
1.5. 'the Booking Details' are details specific to your Booking including the Property, Holiday Period and any restrictions notified to you during the Booking Process.
1.6. 'the Booking Fee' is the amount that the Business charges in respect of the Booking Services, being £20.00.
1.7. 'the Booking Process' means the process for making a Booking as set out at section 8 of these Booking Conditions.
1.8. 'the Booking Services' means the services provided by the Business to you to arrange and administer the Booking which leads to the creation of the Rental Contract.
1.9. 'the Business' means Quality Unearthed, a brand of Awaze Vacation Rentals Ltd, with a registered number of 00965389 and a registered address of Sunway House, Raglan Road, Lowestoft, Suffolk, England, NR32 2LW. See the Contact Us section below for further Business details.
1.10. 'the Cancellation Fee' is the amount that the Business charges in respect of the administration required to cancel your Booking and make the Holiday Period available for another guest, being £50.00.
1.11. 'the Deposit' is the initial instalment of the Rental Charges quoted during the Booking Process.
1.12. 'the Guests' are all members of your party other than you that are booked to stay at the Property during the Holiday Period under your Booking.
1.13. 'the Holiday Period' is the dates for which you reserve a Property for your holiday.
1.14. 'the Owner' means the owner of the Property to which the Booking relates.
1.15. 'the Payment Method' is the means by which you pay for your Booking settling the debt that was created. This can be by credit or debit card, Direct Debit, Gift Voucher or other electronic means available on the website or any combination.
1.16. 'the Property' and together 'the Properties' means the property accommodation owned by the Owner to which the Booking relates.
1.17. 'the Rental Balance' is the balance of the Rental Charges payable by you after payment of the Deposit.
1.18. 'the Rental Charges' is the Booking Fee and the fees payable by you under the Rental Contract relating to the Booking that the Business collects from you in relation to the Booking.
1.19. 'the Rental Contract' is the legally binding contract between you and the Owner for the Rental Services, and includes those documents set out at paragraph 5.3.
1.20. 'the Rental Services' means the services related to the rental of the Property as provided to you by the relevant Owner (not the Business).
1.21. 'the Security Deposit' is an amount of money paid by you as a good housekeeping bond for the Property against damages or misuse (as determined by the Business and/or the Owner).
2. Booking Conditions
2.1. Please read these Booking Conditions with their related policies (as referred to in these Booking Conditions) carefully as they will apply to any use of the website or Booking made. The Business recommends that you print or save a copy of these Booking Conditions for your reference.
2.2. If you have any queries or concerns regarding these Booking Conditions, please contact the Business using the details set out in the Contact Us section below (please see section 30).
2.3. In the event of any conflict or contradiction between the 'Frequently Asked Questions' responses, the brochure and/or website and these Booking Conditions, then these Booking Conditions shall apply.
2.4. These Booking Conditions and any conditions imposed by the Owner apply to the Booking to the exclusion of any other terms that you may seek to incorporate, or which are implied by trade, custom, practice of course of dealing.
3. Rental Contract
3.1. The Rental Contract with you binds you (the person named on the Booking Confirmation), and all Guests. By entering into the Rental Contract, you agree that you will, and will procure that all Guests will, comply in all respects with the terms of the Rental Contract. Furthermore, all Guests must accept the Rental Contract and by entering into the Rental Contract you confirm that all Guests have read, understood and accepted the terms of the Rental Contract and have authorised you to confirm such acceptance on their behalf.
3.2. There will be a binding contract between you and the Business and the Owner once the Business accept your booking and send you a Booking Confirmation.
4.3. The Business may record telephone calls between you and the Business for monitoring and training purposes. In the event of a dispute between you and the Business, the Business reserves the right to review any recorded calls.
5. The role of the Business
5.1. The Business acts as agent for the Owner at all times by arranging and administering Bookings and taking payment from you for the Booking. Any involvement in the day-to-day management of any Property is undertaken solely on the Owner's behalf and under his/her instructions. Accordingly, the Business can accept no responsibility for any problems that may arise with any Property and all legal responsibility therefore remains with the Owner. The Business does not own any of the Properties, but the Business reserves the right to refuse any Bookings in accordance with these Booking Conditions.
5.2. Once the Business has accepted a Booking in accordance with the Booking Process and has issued you with a Booking Confirmation, a legally binding Rental Contract will be formed between you and the Owner under which the Owner will make the Property available to you and provide the Rental Services for the Holiday Period. The Business is not party to the Rental Contract.
5.3. The following will form part of the Rental Contract between you and the Owner:
5.3.1.your Booking Details,
5.3.2.these Booking Conditions, and
5.3.3.any other special or additional conditions that the Business draws to your attention during the Booking Process before the Business accepts your Booking.
5.4. As the Business' obligations to you are limited to those in connection with the Booking Service only, the Business accepts no liability for any defects or unavailability of the Property or any other problems with your Booking. Your rights under these Booking Conditions and the Rental Contract are against the Owner. Please see further the Business Liability section in these Booking Conditions (see section 20).
6. Your use of the Booking Services
6.1. These Booking Conditions apply to the Booking Services provided to you by the Business.
6.2. Our Booking Services are available to you for your personal, non-commercial use only. You may not offer for resale any Booking Services or Rental Services for any Properties that appear on the Business website, in the brochure or via third party without the express written permission of the Business.
7. Property and Rental Services Descriptions
7.1. The Business makes every effort to ensure that the descriptions (including Rental Charges and availability) relating to the Properties and Rental Services on the Business website or in the Business brochure are accurate and complete. These descriptions include details of the Property and Rental Charges and any additional charges, the facilities available at the Property, maximum occupancy number, any accreditations, awards or descriptions of quality relating to the Property including star ratings. However, although the Business take all reasonable steps to ensure that its records, brochure and website are up to date, the Business do not have exclusive control of any Property and/or its amenities and facilities and accordingly the Business cannot give any guarantees as to the accuracy thereof.
7.2. If the Business discovers a mistake or error relating to this information, the Business will use its reasonable endeavours to correct this on our website and will contact you if that information relates to a Booking that you have already made through the Business.
7.3. The Property and Rental Services descriptions do not constitute advice or recommendation given by the Business. The Business does not independently verify accreditations, awards or star or other quality ratings and such ratings are only indicative of what level of quality you can expect from an individual Property. Any advice, guidance and/or recommendation given by the Business is a personal opinion only and will not constitute any warranty, guarantee, term or condition. The Business will not be liable for inaccuracies or errors in this information or the accommodation information as this information is supplied to the Business by the Owners.
7.4. FEEFO ratings on the website reflect previous guests' comments and are subjective, and Visit Wales gradings are independent assessments by the Welsh Government. As such these are not the responsibility of the Business.
7.5. Rental Charges shown in search listings on the Business website or in the brochure are per Property (and not per person). It is your responsibility to check the total price before completing the Booking Process.
7.6. The Business does not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property or Rental Services descriptions on the Business website or in the brochure.
8. Booking Process
8.1. To be eligible to make a Booking and enter into a Rental Contract you must:
8.1.1.be 18 years of age or over and have the legal capacity to enter into legally binding agreements,
8.1.2.register with the Business on the Business website (in advance or when Booking) or by telephone by providing your real name, telephone number, email address and other requested information, and
8.1.3.possess a valid Payment Method.
8.2. You may make a Booking directly using the Business website or by contacting the Business by telephone or by email using the details in the Contact Us section of these Booking Conditions.
8.3. If you provide your Booking Details to the Business by email, the Business will contact you in an appropriate manner so you can make a Booking and pay.
8.4. By making a Booking with the Business you are making an offer to:
8.4.1.receive our Booking Service and the Rental Services,
8.4.2.enter into a Rental Contract with the applicable Owner in relation to the Property you have selected, and
8.4.3.pay the Business all amounts due in respect of the Rental Charges (including the Deposit).
8.5. The following steps must take place before a contract is made between you and the Business for the provision of the Booking Services and between you and the applicable Owner for the provision of Rental Services under a Rental Contract:
8.5.1.You submit your Booking to the Business on the website by submitting your Booking Details and your payment details for processing,
8.5.2.Before submitting your Booking to the Business on the website, the Booking Process will give you the opportunity to review your Booking, these Booking Conditions and the Booking Details for the selected Property and, if required, make amendments,
8.5.3.For telephone bookings the Business will read you details of your Booking for your confirmation. You may make any required amendments at this point. The Business will then request your payment details and the Business will process the payment which is due and payable in respect of your Booking,
8.5.4.For on-line bookings, you will receive an on-screen acknowledgement of your website Booking and a receipt for your payment by email at the address you provided,
8.5.5.For telephone bookings the Business will verbally confirm your Booking reference and will send you a receipt for your payment by email at the address you provided,
8.5.6.The Business will check the availability of the Property relating to your Booking and, provided the Business has successfully processed your payment and the Property is available, the Business will send you an email confirming your Booking together with a copy of these Booking Conditions and other details relating to your Booking (Booking Confirmation).
8.5.7.The Business accepts:
188.8.131.52. your offer to receive our Booking Services,
184.108.40.206. your agreement to pay the Business all sums due (at the relevant time) in respect of the Rental Charges (including the Deposit),
220.127.116.11. acting on the applicable Owner's behalf as its agent, your offer to enter into the Rental Contract,
in each case, at the time the Business issues you with the Booking Confirmation. No action by the Business can be construed as an acceptance of your offer until we issue you with the Booking Confirmation at which point a contract will be made between you and the Business for the Booking Services and with the Owner for the provision of the Rental Services under the Rental Contract.
8.6. When the Business accepts payment for all or any part of the Rental Charges and such sum is received by the Business in cleared funds, you will no longer owe a debt to the Owner or the Business for the associated amount.
9. Fees, charges and payment
9.1. The fees and charges (including without limitation the Rental Charges) will be as quoted on the Business website, in the brochure or communicated to you at the time of booking and will be quoted and charge in pounds sterling (GBP). The Business uses its best efforts to ensure that these are correct at the time when the relevant information was entered onto the Business' systems or added to the brochure. However, it is always possible that, despite the best efforts of the Business, some of the fees and charges on the website or in the brochure may be incorrect (including without limitation the Rental Charges) and the Business therefore reserves the right to change such fees and charges at any time. The Business will normally check these prices as part of the confirmation procedures so that:
9.1.1.where the actual Rental Charges or other fees are less than those quoted on the website or in the brochure at the time you made your Booking, the Business will charge the lower amount when confirming the Booking to you; and
9.1.2.where the actual Rental Charges or other fees are higher than those quoted on the website or in the brochure at the time you made your Booking, the Business will contact you as soon as possible to inform you of this error and the Business will give you the option of continuing to book the Property at the correct (higher) price or cancelling your Booking. The Business will not process your Booking until it has your instructions. If the Business is unable to contact you using the contact details provided during the Booking Process, the Business will treat the Booking as cancelled and notify you in writing.
9.2. The fees and charges (including without limitation the Rental Charges) may change from time to time, but changes will not affect any Booking which the Business has confirmed with a Booking Confirmation.
9.3. All Rental Charges and all other fees and charges quoted on the Business website or in the brochure include VAT, where applicable.
9.4. Before submitting your Booking, you will be presented with details of the total Rental Charges payable for your Booking together with details of the following amounts which are payable to the Business at the time of making the Booking:
9.4.1.the Booking Fee (which is non-refundable in all circumstances once a Booking Confirmation is issued);
9.4.2.the Deposit and, if the date the Rental Balance would normally fall due for that Booking has already passed, the Rental Balance too; and
9.4.3.any additional fees and charges quoted during the Booking Process when you make your Booking (for example heating supplements, pet charges).
9.5. If you are paying a Deposit rather than the entire Rental Charges when making your Booking, you will also be presented with the date by which you will need to make payment to the Business for the Rental Balance. Please note, the Business may (but is not obliged to) contact you to remind you of the due date for the payment of the Rental Balance.
9.6. Payments must be made to the Business by one of the Payment Methods.
9.7. For on-line bookings, the Business will take the payments due at the time of Booking from your chosen Payment Method once you have entered your payment details and have clicked the 'Pay' button, subject to payment authorisation. If you are making payment by telephone the Business will confirm your payment details with you before processing.
9.8. If the Rental Balance or any other additional payments are due after you make your Booking, then:
9.8.1.if you authorised the Business to take payment for these amounts from your chosen payment method when you made your Booking, the Business will automatically take payment from you using your original Payment Method. If there has been a change to the Rental Charges the Business will contact you before taking payment; or
9.8.2.if you did not authorise the Business to take payment from your chosen payment method for these amounts when you made your Booking, you will need to make these payments either by using the payment feature within the website or by contacting the Business by telephone using the number in the Contact Us section below.
9.9. For the avoidance of doubt, all Rental Charges must be paid in full cleared funds before the commencement of any Holiday Period.
10. Interest charges
10.1. Without effecting any other rights under these Booking Conditions, if you do not make any payment to the Business by the due date the Business and/or the Owners may charge interest to you on the overdue amount at the rate of three percent (3%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay the Business interest together with any overdue amount.
11. Security Deposits (or housekeeping bonds)
11.1. Some Owners may charge a 'good housekeeping bond' known as a Security Deposit, which will be included alongside the charges quoted to you during the Booking Process. This Security Deposit is in addition to the Deposit paid by you.
11.2. Any refusal by you to pay any such Security Deposit will mean that the Booking cannot be made or will be cancelled.
11.3. The Security Deposit may be used to offset the cost of remedying any breakages, damages or losses sustained by the Owner and any unbudgeted costs, which in the Business and/or the Owner's reasonable opinion, has been incurred by the Owner as a result of the Booking, for restoring the Property back to a suitable clean and tidy condition for the next guests.
11.4. In the event of a claim by the Owner, which must be made within three days of your departure to the Business, the Business will act as intermediary between you and the Owner in the event of a dispute and will assist in reaching an amicable and fair conclusion to both parties.
11.5. This Security Deposit will be refunded, less any deductions made pursuant to this section 11 and/or less any deductions as may be deemed appropriate by the Owner as a result of any breach by you or your Guests of any of the terms of the contract (including without limitation any sums required to rectify or remedy any damage caused or suffered by the Business or the Owner), within 5 working days of the end of the Holiday Period (subject to any circumstances outside of the control of the Business which may delay refunding the Security Deposit in the time specified).
12. Gift Vouchers
12.1. You may purchase Gift Vouchers by contacting the Business, see the Contact Us section below. The Business will send the Gift Vouchers using the method and address that you specify within 14 days of the date your payment is received. If you have not received your Gift Vouchers within the applicable period, please contact the Business using the details in the Contact Us section below.
12.2. Gift Vouchers are available in denominations of £25 and can be used to pay for Bookings in part or in full. Where the cost of a Booking is less than the value of the Gift Voucher, no cash refunds will be given.
12.3. A Gift Voucher can only be redeemed during the Booking process over the telephone by quoting the unique code on the back of the Gift Voucher.
12.4. Gift Vouchers are valid normally for a period of twelve months from the date of purchase but can be longer in certain circumstances. The expiry date will be visible on the Gift Voucher and should be referred to in assessing its validity. The Gift Voucher can be used for any Booking with a Holiday Period that starts before the Gift Voucher's validity period expires. Any remaining balance on a Gift Voucher may no longer be used after the expiry of its validity period.
12.5. If a Booking is purchased with a Gift Voucher which is subsequently cancelled, any refunded amount will be credited to the Gift Voucher.
12.6. Gift Vouchers cannot be exchanged for cash, replaced if lost or damaged and are non-refundable. Without the express written permission of the Business, the Business does not permit you or any third party to sell or trade the Gift Vouchers of the Business.
13. Your right to cancel or transfer a Booking
13.1. Check all the details in your Booking Confirmation promptly after receiving it and notify the Business as soon as possible if you think there are any errors or omissions.
13.2. If you would like to amend your Booking, please contact the Business using the details in the Contact Us section below. If an Owner agrees to amend the Booking, additional charges including additional Rental Charges and/or an Amendment Fee may be payable to cover the costs of making the amendment. This does not affect your legal rights.
13.3. After you receive your Booking Confirmation:
13.3.1. you will not be entitled to cancel the Booking Services for a Booking and will in no circumstances obtain a refund of the Deposit, or the Booking Fee as the Business will have already completed the provision of the Booking Services for that Booking; and
13.3.2. you will not have a legal right to cancel the Rental Contract or the Rental Services provided under it are accommodation and leisure services for which the contract provides a specific period of performance. On that basis, subject to paragraph 13.5, the Rental Charges and all other charges relating to the Booking shall remain due and payable. You may, however, end the Rental Contract in accordance with the section Your Right to end a Rental Contract (please see section 23).
13.4. You may not transfer your Rental Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Conditions and your Guests' compliance with them.
13.5. If you wish to make a request to cancel your Booking, such a request must be made in writing. As stated at paragraph 13.3.2, you will not have a legal right to cancel the Rental Contract or the Rental Services, however the Business may at its absolute discretion consider any such request. At the Business' option, the Business will use its reasonable efforts to re-let the Property for the Holiday Period and will act reasonably in doing so. If successful, the Business will refund such proportion of monies paid by you as the Business is able to recover from such re-letting, less the Cancellation Fee. In such circumstances, the Booking Fee shall not be refunded. If the Business is unable to re-let the Property, the Rental Charges and all other charges relating to the Booking shall remain due and payable.
14. Cancellation of your Booking by the Business and Owners
14.1. The Business may cancel your Booking on an Owner's behalf if:
14.1.1. the Business becomes aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings;
14.1.2. the Business agency agreement with the relevant Owner terminates due to a breach by the Owner.
14.2. An Owner may cancel your Booking due to circumstances or events outside their reasonable control which prevent or are likely to prevent you and your Guests from staying at the Property for the Holiday Period or the Owner from complying with any other of its obligations under the Rental Contract.
14.3. If the Business or an Owner cancels a Booking in accordance with paragraph 14 the Business may (but is not obliged to) at its option, either:
14.3.1. arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location at a similar price band. The Business will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
14.3.2. obtain a refund from the relevant Owner and/or the Business of any amounts paid by you to that Owner and/or the Business in relation to the cancelled Booking (including the Booking Fee).
15. Booking Restrictions
15.1. The maximum Holiday Period for any Booking is 28 consecutive days, subject to availability. However, certain Properties may have a shorter maximum Holiday Period.
15.2. If a Property requires a minimum Holiday Period, this will be clearly stated on the relevant Property description page on the Business website or brochure.
15.3. Certain Properties have fixed start dates to the Holiday Period, and these will be clearly stated on the relevant Property description page on the Business website or brochure.
16. Your responsibilities
16.1. You must make sure that all the information you provide to the Business in connection with your Booking is true, accurate, current and complete. If any of your details change, e.g. email, address, guest names, you must promptly update your details.
16.2. You accept financial responsibility for all transactions made under your name or account.
16.3. You warrant to the Business and the Owner that during the Holiday Period:
16.3.1. that the number of Guests and pets occupying the Property will not exceed the number stated in your Booking Confirmation;
16.3.2. that the Property will be used solely for the purpose of a holiday by you and your Guests;
16.3.3. that you will, and ensure your Guests will, show all due consideration and respect for any Owners and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your stewardship of the Property or dangerous, offensive, violent or anti-social behaviour towards such persons or parties;
16.3.4. to keep noise at an acceptable level;
16.3.5. that you will, and ensure your Guests will, use the Property and Rental Services lawfully, will not abuse any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you by the Business or the Owner in connection with the Property or Rental Services;
16.3.6. to take all reasonable safety and security measures at the Property, including without limitation all reasonable precautions to avoid the risk of fire and to keep the Property locked when unattended (including without limitation all windows and doors);
16.3.7. to allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner gives 24 hours notice as a minimum, except in emergencies;
16.3.8. to keep the Property and all its contents, fixtures and fittings in the same state of repair and condition as at the commencement of the Holiday Period and to ensure that at the end of that Holiday Period the Property is left in the same state in which it was found;
16.3.9. to report as soon as possible to the Owner or their representative any breakages or damage caused by you or your Guests during the Holiday Period. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage. The Business may collect such payments on the Owner's behalf;
16.3.10. to act promptly and reasonably in respect of any problems arising at the Property and to bring these to the attention of the Business and/or the Owner as soon as reasonably practicable;
16.3.11. to arrive after 4:30pm on the arrival day and to vacate the Property by 10am on the day of departure unless you have selected alternative check-in and check-out dates during the Booking process, as detailed in your Booking Confirmation, or agreed otherwise with the Owner;
16.3.12. not to allow any person other than you or your Guests to use the facilities and amenities of the Property without the express permission of the Owner;
16.3.13. that there is at least one capable and responsible adult over the age of 18 staying at the Property who is responsible for the supervision of all members of your party under the age of 18. Children remain the responsibility of their parents or guardians at all times;
16.3.14. to comply with all arrangements for waste disposal explained in the instructions left at the Property, and in any event ensure that all waste is disposed of in an appropriate and hygienic manner;
16.3.15. to use fuel and utilities sensibly and appropriately and to be responsible for any additional charges made by the Owner (at the Owner's absolute discretion) for excessive fuel and/or utility consumption during your stay; and
16.3.16. to notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 16.3;
16.4. At the end of the Holiday Period, you agree to leave the keys/access cards in the same place as they were found at the beginning of the Holiday Period or as advised on the directions, in the Property or by the Owner.
16.5. You will be responsible for all Guests staying at the Property and the things they do, and do not do, even if you do not stay there yourself during the Holiday Period.
16.6. It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. The Business will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
16.7. In the event that you or any Guest fails to comply with the requirements set out above in paragraph 16.3, the Owner or their representative can refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of the Rental Contract and the provision set out in the Owners' right to end a Rental Contract section will apply (please see section 24).
17. Owners' responsibilities
17.1. The Owner will:
17.1.1. perform the Rental Services using reasonable care and skill;
17.1.2. as soon as possible, notify you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make the Business descriptions of the Property inaccurate, incomplete or misleading;
17.1.3. ensure that the Property is vacant and that you and your Guests have exclusive access to the Property and Rental Services for the full time of the Holiday Period (subject to paragraph 16.3.7);
17.1.4. ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
17.1.5. not make any use of the Property, including conducting any viewings of the Property, during the Holiday Period;
17.1.6. show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you or your Guests;
17.1.7. ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
17.1.8. comply with the terms of the Rental Contract and act in good faith at all times;
17.1.9. respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
17.1.10. if VAT forms part of the Rental Charges, provide you with a VAT invoice at your written request.
18.1. Pets are only allowed at Properties where this is expressly stated in the applicable Property description. If you take a pet to a Property that does not allow them, or exceed the stated number/size of pet(s), the Owner, or their representative, has the right to:
18.1.1. refuse to allow you and your Guests to enter or stay in the Property; or
18.1.2. ask you and your Guests to leave the Property before the end of the Holiday Period.
18.2. An additional charge may be made for pets. If this is the case, this will be disclosed to you during the Booking Process.
18.3. If the Owner exercises their rights under paragraph 18.1, the Owner may end the Rental Contract in accordance with the Owners' right to end a Rental Contract section (please see section 24).
18.4. You will be liable for all damage caused by you and your Guests' pets. If you are allowed a pet/pets in the Property, you should remove all traces, inside and outside, from the Property of pet occupation before you and your Guests' vacate the Property at the end of the Holiday Period. The Owner may make an additional, reasonable charge for professional cleaning after you and your Guests occupancy due to any pets that have stayed at the Property. You must not allow pets on beds or on furniture within the Property and pets must not be left alone in the Property at any time. If you break the terms of this paragraph 18.3, the Owner, or their representative on their behalf, may notify you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your Guests to leave the Property before the end of the Holiday Period and the Owners' right under section 24 to end a Rental Contract shall apply.
18.5. Registered assistance dogs are generally allowed in all Properties featured on the Business website or in the brochure, even where the Property description states that pets are not allowed, if you comply with the provisions in paragraph 18.3. You must notify the Business of the intended presence of any assistance dogs prior to Booking. If you have an allergy to dogs, please be aware that the Business and the Owners cannot guarantee that an assistance dog has not stayed in a Property recently. The Business and the Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
19. Owner's warranties to you about the Property and Rental Services
19.1. The Owner warrants to you that:
19.1.1. they have the right to provide the Rental Services and enter into the Rental Contract with you;
19.1.2. they will maintain, at the Owner's expense, an insurance policy to meet the Owner's liabilities under the Rental Contract with you;
19.1.3. the Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety, planning and data protection; and
19.1.4. the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
20. The Business' liability
20.1. The Business does not exclude or limit in any way the liability of the Business where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence of the Business or its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Services including the right to receive services supplied with reasonable skill and care.
20.2. To the fullest extent permissible under applicable law, the Business disclaims any and all other promises, warranties, conditions or representations relating to the Booking Service, whether express, implied, oral or written. In particular, the Business does not make any warrant, guarantee or otherwise about:
20.2.1. the availability of the Booking Services or the website or the brochure that they will be provided uninterrupted or error or virus-free;
20.2.2. errors or inaccuracies in any documentation supplied by the Owners or their representatives, including any documentation that appears on the website; or
20.2.3. the quality, suitability or performance of the Booking Services, Rental Services, the Property or the Owner.
20.3. You understand that the Business may not have conducted any checks on Owners or their Properties and the inclusion or offering for sale of Rental Services does not constitute an express or implied endorsement or recommendation by the Business of such services. The Business does not guarantee the accuracy of and disclaim liability for any inaccuracies relating to the Rental Services offered for sale through the Business.
20.4. The Business shall not be liable for any damages, expenses or losses arising as a result of:
20.4.1. any inaccurate information or errors on the Business website or in the brochure which relate to information about Property or Rental Services;
20.4.2. the Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond the control of the Business or the Owner.
20.5. The Business will not be responsible or liable:
20.5.1. for Owners' performance of their obligations under any Rental Contracts with you or any actions and/or omissions by them, or their nominated representatives, in relation to the Property or Rental Services that you book using the Booking Service; or
20.5.2. for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption;
20.5.3. for any disturbance which may occur and is outside of the Business' or the Owner's control, including but not limited to any road works, maintenance or refurbishment works on neighbouring properties, or events such as sporting events, festivals or parties.
20.6. The Business does not authorise anyone to make any warranty, guarantee or otherwise on its behalf.
20.7. You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and your own risk. If any articles are left behind, you should contact the Business or the Owners as soon as possible so that these can be searched for. If lost items are found they can be forwarded to you, however we reserve the right to charge you the costs related to any such return (which must be received by the Business before any such return is made). Items which are not claimed or where the applicable charge is not paid, will only be kept for 4 weeks before being disposed of.
20.8. The Business accepts no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by the negligence of the Business.
20.9. If either the Business or you fail to comply with these Booking Conditions, neither party shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking Conditions. Losses are foreseeable where they were contemplated by you and the Business at the time the Business accepts a Booking made by you.
20.10. Subject always to the provisions of this section, the Business' total liability to you in respect of all liabilities arising under or in connection with these Booking Conditions and the Rental Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Booking Fee.
21. Owners liability
21.1. Owners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
21.2. If either you or an Owner fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for the losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time the Business accepts a Booking made by you.
21.3. Subject always to the provisions of this section, the Owner's total liability to you in respect of all liabilities arising under or in connection with these Booking Conditions and the Rental Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Rental Charges.
22. Yours rights as a consumer
22.1. The Business and the Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
23. Your right to end a Rental Contract
23.1. You may immediately end a Rental Contract if the Business or an Owner has told you about:
23.1.1. a material error in the Rental Charges; or
23.1.2. a material error in the description of the Rental Services relating to your Booking,
and you notify the Business that you do not wish to proceed, PROVIDED ALWAYS that the Business and/or the Owner decide (as its absolute discretion) that such an error is material in nature and therefore that this paragraph 23 applies.
23.2. You will not be charged any fees by the Business if this paragraph applies to the cancellation of your Booking.
23.3. Nothing in this paragraph 23 affects or reduces your legal rights as a consumer.
24. Owners' right to end a Rental Contract
24.1. An Owner may immediately terminate the Rental Contract with you if:
24.1.1. you and/or your Guests do not comply with the obligations set out in paragraph 16;
24.1.2. You and/or your Guests do not comply with the applicable rules on pets in accordance with paragraph 18;
24.1.3. you and/or your Guests breach any other term in these Booking Conditions;
24.1.4. you fail to pay the Rental Charges (or any part thereof) or the Security Deposit (or any part thereof) on the date that payment is due.
25. Consequences of the Rental Contract ending
25.1. If you end the Rental Contract for the reasons mentioned in paragraph 23, the Business will refund to you the Booking Fee and the Deposit and any other amounts paid by you for the Booking within 14 days of the date you notify the Business that you wish to end the Rental Contract.
25.2. In the event that the Rental Contract is terminated in accordance with paragraph 24, the Rental Charges and all other charges relating to the Booking shall remain due and payable. If the total price for any Booking has not been paid as at the date of cancellation, you will remain liable for any monies due and incurred and the Business and/or the Owner will be entitled to invoice you for such monies. Such invoices are payable by you within thirty (30) days of the invoice date.
25.3. If the Rental Contract ends during the Holiday Period in any circumstances, you must:
25.3.1. leave the Property together with all Guests as soon as possible;
25.3.2. notify the Owner, or their representatives, and the Business that you and your Guests have left the Property and the reasons for doing so; and
25.3.3. return the keys/access cards to the location instructed by the Owner.
25.4. Nothing in this paragraph 25 affects or reduces your legal rights as a consumer.
26.1. If you have any complaint about the Booking Services, Rental Services or the Property please promptly contact the Business by telephone or via the website.
26.2. If you are still staying at the Property and wish to make a complaint about a Property or Rental Service, the Business suggests that in the first instance you contact the Owner, or their representative, as soon as possible. The Business encourages all Owners to take complaints from guests seriously and to do their best to resolve them, where possible.
26.3. If you still wish to make any complaint and/or are dissatisfied with the Owner's response to any direct complaint, please contact the Business as soon as possible, and in any event within 7 days of the end of the Holiday Period for the relevant Booking with full details of your complaint and the Owner's response, if any.
26.4. The Business will use all reasonable endeavours to liaise with an Owner on your behalf to attempt to resolve your complaint.
26.5. Nothing in this complaints section will affect your legal rights or any right you may have to bring legal proceedings against an Owner under a Rental Contract.
27. Written communications
27.1. You agree to receive communications from the Business and Owners electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
28. Rights and law
28.1. The Business and each Owner intend to rely on these written Booking Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. The Business and you and each Owner will be legally bound by these Booking Conditions.
28.2. In these Booking Conditions, words that appear after the expression 'include', 'including', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
28.3. The Business and each Owner may transfer our rights and obligations under these Booking Conditions to another organisation. The Business or the Owner will contact you to let you know if this is planned. If you are unhappy with the transfer you may contact the Business or the Owner to end the relevant contract within 14 days of the Business or the Owner telling you about it and the Business will refund you any payments you have made in advance for services that have not been provided.
28.4. If the Business or an Owner is prevented or delayed from complying with any obligations under these Booking Conditions by anything you, or anyone acting on your behalf, does or fails to do or due to events or circumstances beyond the reasonable control of the Business or an Owner, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
28.5. You need the consent of the Business and/or the Owner to transfer your rights to someone else. You may only transfer your rights or your obligations under a contract made under these Booking Conditions to another person if the Business or an Owner, as applicable, agree to this in writing.
28.6. Nobody else has any rights under these Booking Conditions or the Rental Contract. Each contract for the provision of the Booking Services is between you and the Business. Each Rental Contract is between you and the Owner. No other person shall have any rights to enforce any of the terms of each respective contract. The party to a contract made under these Booking Conditions will not need to get the agreement of any other person in order to end that contract or make any changes to these Booking Conditions.
28.7. If a court finds part of these Booking Conditions or any contract to which they apply illegal, the rest will continue in force and effect. Each of the paragraphs of these Booking Conditions operates separately.
28.8. Even if the Business or an Owner delays enforcing a contract made under these Booking Conditions, the Business or the Owner (as applicable) can still enforce it later. If the Business or an Owner do not insist immediately that you do anything you are required to do under these Booking Conditions, or if the Business or an Owner delay in taking steps against you in respect of you breaking a contract made under them, that will not mean that you do not have to do those things and it will not prevent the Business or an Owner (as applicable) taking steps against you at a later date.
28.9. These Booking Conditions and any Rental Contract are governed by English law and you can bring legal proceedings in respect of the services in the English or Welsh courts.
28.10. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how the Business or an Owner has handled any complaint, you may want to contact an alternative dispute resolution provider. If you are not satisfied with the outcome you can still bring legal proceedings.
29. Changes to these Booking Conditions
29.1. The Business may make changes to these Booking Conditions at any time by sending you an email with the modified Booking Conditions or by posting a copy of them on the website. Any changes will take effect 7 days after the date of our email or the date on which the Business posts the modified terms on the website, whichever is the earlier. If you continue to use the website after that period has expired it means you accept any such changes. The modified Booking Conditions will not apply to any Bookings where the Booking Confirmation has been issued to you before the date the modified Booking Conditions come into effect.
29.2. No representative, agent or salesperson has the authority to vary, amend or waive any of these Booking Conditions. No amendment, variation or waiver of any of these Booking Conditions will be valid or have any effect unless accepted by the Business in writing.
30. Contact Us
30.1. The website and brochure are owned by Awaze Vacation Rentals Ltd, with a registered number of 00965389 and a registered address of Sunway House, Raglan Road, Lowestoft, Suffolk, England, NR32 2LW.
30.2. The Business VAT number is GB 598 22 99 77
30.3. The main telephone number is 01348 830922
30.4. The email for contacting the Business is [email protected]
31. Use of comments an photographs
31.1. You agree that all comments or photographs left or sent to the Business or the Owner may be used (free of charge) in any marketing material.