Ocean Cottages Terms & Conditions
Owner / Holiday Customer Agreement & Booking Terms and Conditions
Valid for bookings confirmed on/after 20/05/2020 and before 15/09/2021
Customers with bookings confirmed prior to 20/05/20 - please view our Special Amendments Policy for information and the terms & conditions relative to your booking.
Customers with bookings confirmed after 15/09/2021 - please view our current terms and conditions
Customers due to arrive during the COVID-19 pandemic, please read our COVID-19 Guest Information & Policies document.
Booking Terms and Conditions
These Booking Terms and Conditions form the basis of your Agreement so please read them carefully. You are deemed to have read, understood and agreed these Terms and Conditions at the time you make a reservation request or a confirmed booking either via phone, email, our website or any other form of contact.
CONTRACT OF HIRE
Ocean Cottages act only as agents for holiday property owners and are not principles in the matter. On receipt of a Booking Confirmation Receipt from us, you enter into a binding contract with the owner of the Holiday Property for which the booking is made and shall be deemed to be made subject to this contract of hire. The contract of hire is governed by English law and jurisdiction and is not effective until we dispatch written confirmation of the booking to the lead guest. The contract is for the hire of the property for holiday purposes only. We do not accept bookings from guests under the age of 18. Full names of party members and ages must be supplied upon confirmation of booking.
DEFINITIONS
Definitions of words used herein are as follows:
"Agent" means Ocean Cottages, also referred to
as "us" and "we".
"Arrival Date" or "holiday start date" means the
first day that you are due to arrive and take up residence of the
Holiday Property
"Non-refundable Booking
Fee" is payment for the service of processing a booking
and is payable upon booking. It is non-refundable.
"Booking Form" means the form you complete either
via the website or by email for the process of requesting a
booking.
"Booking Conditions" means these terms and
conditions.
"Booking Confirmation Receipt" or "booking
confirmation" is the document or communication we send to you which
confirms that your Booking Form has been accepted and the Holiday
Property has been reserved for your use
"Extras" means items or services that can be
added to your booking, and are payable in addition to the
accommodation cost.
"Holiday Accommodation cost" or " Accommodation
cost" means the money you pay / agree to pay to rent the Holiday
Home, but excludes the booking fee, any extras and refundable
security deposit
"Holiday Property" means the property you are
renting for your holiday, including any gardens and grounds
"Holiday Property Owner" or
"Owner" means the owner of the Holiday Property
you are renting. This is the person with whom your contract is
with.
"Guest" or "lead Guest" means
the person who has made the booking, also referred to as "you" or
"your".
"Notice of Cancellation" means any form of
written communication from either you or us cancelling the
booking
"Rental Period" or "stay" means
the period of the confirmed holiday, starting on your arrival date
and ending on your departure date.
"Reservation Request" is the enquiry you make to
us asking for confirmation that a particular Holiday Home is
available to rent.
"Security Deposit" or "refundable security
deposit" is the money you pay in addition to the Holiday
accommodation cost as security for any damage caused at the Holiday
Property.
"The Party", "party members"
or members of the party" means the people staying
at the property during the rental period as listed on the booking
confirmation receipt.
INITIAL PAYMENT
An initial deposit of 50% of the holiday accommodation cost is required to confirm the booking, plus a non-refundable booking fee (amount as stated on the property record at the time of booking). If the booking is made within 6 weeks of the holiday start date, full payment of the accommodation cost, non-refundable booking fee, any extras and refundable security deposit is required at the time of booking. We sometimes offer a special £100 early bird deposit system where a non-refundable deposit of £100 can be paid to secure the booking. The remainder of the 50% deposit is then payable by the 30th November and the balance 4 weeks prior to arrival. Payment can be made by debit or credit card, either over the phone or paid online through our secure payment system. We do not accept bank transfers, cash or cheques.
BALANCE PAYMENT
Where an initial deposit has been paid, the balance of the remaining accommodation cost, any extras and refundable security deposit must be paid no later than 4 weeks prior to the holiday start date. The owner/Ocean Cottages reserves the right to cancel a holiday where full payment has not been received more than 3 days after the due date. In this event, the initial deposit and non-refundable booking fee will not be refunded.
*If you booked your holiday on or before 20th May 2020 please see our special amendments policy which has further details on when balances are due for holidays in this period.
If you are booking from outside of the UK and your payment is subject to exchange rates which result in the full accommodation cost not being paid, we reserve the right to charge a surcharge, for which an invoice shall be issued to you. The surcharge must be paid with the balance of the Accommodation cost or within 3 days of the surcharge invoice, whichever is the later.
Should any payment by you be declined or dishonoured then we reserve the right to make a charge to you for any charges we incur as a result.
NON- REFUNDABLE BOOKING FEE & RETURNING GUEST DISCOUNTS
Ocean Cottages charges a non-refundable booking fee on all bookings, payable at the time of booking.
Selected property owners have opted to offer a returning guest discount, details of which are listed on individual property records offering this discount, on the website. The discounts are available to guests who have stayed at the same property within a 12-month period.
METHOD OF PAYMENT
We accept payment by debit or credit via telephone or on our website using our secure payment system. There are no additional charges for paying by debit or credit card. We do not accept American Express, bank transfers, cash or cheques.
VALUE ADDED TAX
Where VAT applies to the property rental, it is included in the quoted price at the prevailing rate. Ocean Cottages confirmation of booking is not a VAT invoice. All Ocean Cottages charges are inclusive of VAT and subject to change if the rate changes.
CONFIRMATION OF BOOKING
Once Ocean Cottages have issued your confirmation of booking, you are responsible for the total published price of the accommodation cost, non-refundable booking fee, any extras and refundable security deposit as shown on the booking confirmation. Amendments to bookings where applicable will be subject to an administration fee of £35. Ocean Cottages reserves the right to adjust prices quoted verbally, on the website or in email correspondence due to any error in advertised and/or confirmed prices.
We reserve the right to decline a Booking, notwithstanding receipt of a booking confirmation and payment, in which circumstances, payment will be returned to you within 7 days of our declining such booking. In considering whether to accept a booking, it should be noted that our business is designed to offer accommodation for family holidays, and it is our general policy to decline bookings for hen or stag parties.
BOOKING CANCELLATION
If you are forced or choose to cancel your holiday you must inform Ocean Cottages as soon as possible. The day we receive your notice to cancel is the date on which we will cancel your booking with the property owner. Notice of cancellation must be received in writing/by email. The following conditions apply when cancelling your booking:
(a) If Notice of Cancellation is received more than 4 weeks before the first day of your Arrival Date, then we will refund the balance of any money you have paid us in full, minus the Non-Refundable Booking Fee and a £100 cancellation fee.
(b) If Notice of Cancellation is received less than 4 weeks before the first day of your Arrival Date, then you will be liable to pay (if not already paid), or forfeit (if already paid) the Initial Deposit, the non-refundable booking fee and the full accommodation cost including any extras. In this instance we will use our best endeavours to re-let the holiday property during the cancelled dates and will make a refund to you of a percentage of the accommodation cost, where possible.
(c) If your booking cannot take place due to a Government enforced lock down, you will be entitled to a full refund of the accommodation cost, any extras and security deposit. Only the non-refundable booking fee is retained.
This cancellation policy is effective for bookings made on or after 20/05/2020 and before 15/09/2021. For bookings made prior to 20/05/2020 please refer to our special amendments policy. For bookings made after 15/09/2021 please view our current terms and conditions.
We recommend that all guests take out adequate travel insurance to provide cover in the event of cancellation.
Force Majeure. No liability can be accepted by us or the owner of the Holiday Property for any loss, damage, disappointment, inconvenience or injury caused, or where the performance or prompt performance of any obligations by us or the owner of the Holiday Property are prevented or affected by any event which could not have been reasonably foreseen or avoided, including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, closure of borders, disease, non-availability of transport services, interruption to services / utilities, Covid-19, epidemic, pandemic, outbreak, act of God or government action and all similar events outside our control or that of the Property Owner.
Amendment and / or cancellation of Booking by us/the property owner
We reserve the right to cancel the Holiday booking if any money you are contractually liable to pay is not paid within 3 days of the date such payment falls due. In these circumstances, we will serve Notice of Cancellation on you and any monies already paid by you will be non-refundable.
Whilst we would not otherwise expect to have to make any amendments to your booking, or cancel your booking, we reserve the right to do so, in which circumstances we will advise you in writing of any amendments or serve notice of Cancellation. We will endeavour to offer you an alternative Holiday Property but if that is not possible, we will refund any money paid by you within 14 working days of such Notice being served by us.
YOUR RESPONSIBILITIES
You agree that you will be responsible for the property and all-party members for the full duration of the rental period. You may not add significant changes to the property or add equipment to the property during your stay (including tents, caravans, marquees and hot tubs). If you do so, we can refuse to hand over the property to you or can require you to vacate it. We will treat any of these circumstances as a material breach of the Holiday Booking Conditions, entitling us to cancel the booking by you forthwith. You will be expected to take all reasonable care of the property and all equipment, furnishings and utensils must be left clean and tidy at the end of the hire period. If a property is not left clean and tidy, any additional cleaning costs will be charged to you. You agree not to cause any damage to the walls, doors or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties (including the use of any fireworks, loud music or similar). You also agree to take all necessary steps to safeguard your personal property. No liability is accepted in respect of damage to or loss of such property.
You also agree to allow us or any of our representatives or contractors access at any reasonable time to the Holiday Property during your stay for the purpose of essential repairs and maintenance (including window cleaners and gardeners) and to ensure the property keys are accessible in the key safe at all times when you are away from the property with the keycode remaining the same configuration as your arrival. Failure to do so will result in an additional charge or deduction from the security deposit.
Should there be any health or mobility difficulties within your party, this needs to be reported to us prior to confirming the booking so that we can assess the suitability of the property you are choosing to book. If a property states a lift is available, we cannot be held responsible for mechanical breakdown/failure.
It is your responsibility to keep up to date with current guidelines and legislation in relation to coronavirus or any restrictions that are in place. You must adhere to all rules and inform us immediately if any new legislation will affect your booking.
PARTY NUMBERS/COMPOSITION
You will not allow more people to stay in the Holiday Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Holiday Property, nor can you take your pet into the Holiday Property unless it has been arranged in advance and it is shown on your confirmation. The Owner/Ocean Cottages reserve the right to refuse admittance if this condition is not observed. No refunds will be given if admittance has been refused for this reason. The person who completes the booking, i.e. the lead guest, certifies that he or she is authorised to agree to the Booking Conditions on behalf of all members of the party, including any changes. The lead name must be over 18 years and a member of the party occupying the property. The lead name agrees to take responsibility for all members of the party. The Owner/Ocean Cottages reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.
PETS
Many of our holiday properties will accept a pet(s) and these are clearly marked on the website. Bookings that include pets are taken on the understanding that all flea and worming treatments are up to date. Please remember that they should not be left unattended in the property and they are not allowed on any furniture or in bedrooms, selected properties may have other specific requirements for accepting pets, these will be specified on the property listing on our website. You, as pet owner, will be responsible for removing any evidence left by your pet and reimbursing the owner for any damage caused. Please show consideration for guests visiting after your departure date and bear in mind that some popular beaches do not permit dogs during the summer months. There is an additional charge made for pets which is detailed on the property record and you must request to add your pet as an extra on the booking for it to be accepted. All excrement must be cleared from gardens and outside areas and disposed of responsibly, there will be additional charges made/deductions made from the security deposit if any mess is found at the property or in the gardens/outside areas. Some properties are described as having an enclosed garden, please contact us as this does not guarantee it is escape proof!
Where properties are shown as not being pet friendly there is no guarantee a pet has not entered the property at any time and does not indicate the property is pet free. Please contact Ocean Cottages if you have any allergies.
AMENITIES
The use of accommodation and amenities, where offered, such as swimming pools, hot tubs, play equipment etc, is entirely at the users' risk and no responsibility can be accepted for injury, or loss or damage to users' or visitors' belongings. However, Ocean Cottages do not seek to exclude or limit legal liability for the negligence of their servants or agents.
Further, the Owner/Ocean Cottages will not be liable to you, any member of your party or person visiting the property during the period of your hire of it for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstance. You also accept that Ocean Cottages in acting as agent for the owner will not be liable for any negligence on the part of the Owner resulting in loss, injury, or accident.
Electric vehicles are becoming increasingly common and we want to ensure they can be catered for wherever possible. Not all properties will have a suitable and safe place to charge vehicles, so it is recommended you check prior to booking if this is an essential requirement. Designated charging points (where available) and manufacturer approved cables for charging any vehicle when at the property is essential. Owners hold the right to charge additional fees if charging is felt to be excessive and/or refuse to allow electric vehicles to be charged if they do not think it is suitable/safe to do so. Any damage to the electric system at the property through incorrect use, overload of the system or the use of a standard extension cable will be the responsibility of the guest. Should damage occur, the costs of repairs are the responsibility of the guest.
Bed linen and hand/bath towels are provided for your use within the holiday property only. If the property has a hot tub, you must not use the hand/bath towels provided. Where hot tub towels are provided, these are for use at the property only and must not be taken to the beach.
HOT TUBS AND SWIMMING POOLS
Use of the hot tubs and swimming pools are entirely at own risk. Neither us, the owner of the property, hot tub company/cleaners accept any responsibility for any illness, injury, reaction or condition resulting from the use of the hot tub or swimming pool. You and all guests are responsible for your own safety when using these facilities as they are unattended. Children under the age of 16 and non-swimmers must be supervised by a responsible adult at all times.
If you have any pre/existing medical condition or any concerns you must consult a GP before use.
To ensure optimum cleanliness & hygiene of the hot tub, it will be completely emptied and re-filled with water and chemicals on or before your arrival day. Therefore, the hot tub may not be up to temperature until the morning after your arrival. Please do not attempt to change any of the settings as there is a sleep mode which will stop the hot tub from heating up at all.
Any call out due to user error, including mode change will be chargeable to you.
The hot tubs/swimming pools are treated with chemicals, therefore if you are allergic or sensitive to chlorine or any sanitizing product you should not use the hot tub. You must shower before and after every use, any call outs for blocked filters/cloudy water as a result of users not adhering to this rule will be chargeable to you.
Any damage should also be reported immediately and use of the equipment stopped immediately until it is inspected by a professional. Any damage caused by Guests will be chargeable.
If you are not prepared to agree to the terms and conditions and follow the rules surrounding the hot tub and swimming pools, please do not use these facilities.
LOCAL SERVICES & AMENETIES
We cannot guarantee the availability of any local services or amenities during the period of your holiday, whether mentioned or not mentioned in any Ocean Cottages literature or on our website. Should any local service or amenity not be available, the holiday property owner/Ocean Cottages accept no liability for any loss or frustration.
ARRIVAL & DEPARTURE
You can arrive at the Holiday Property no earlier than 1600 hours on the Arrival Date and you must leave by 10:00 hours on the Departure Date. In exceptional circumstances housekeepers or owners may have to continue to prepare the property after the designated arrival time. Your patience is appreciated in order to achieve the high standards that are expected.
During the coronavirus pandemic, additional cleaning measures will be in effect and therefore the arrival and departure times may be altered, we will advise you of any changes to these times in advance of your arrival.
If you fail to arrive by midday on the day after the Arrival Date and you do not advise us of your anticipated late arrival we may treat the booking as having been cancelled by you.
DAMAGE/REFUNDABLE SECURITY DEPOSITS
All damages and breakages are the legal responsibility of the lead guest and you must inform us immediately before the end of the holiday. You are liable for the cost of replacing any items within the Holiday Property that are broken accidentally or otherwise, unless it can be shown that such breakage was caused as a result of fair wear and tear or other justifiable reason. The Owner/Ocean Cottages has the right to enter the property (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out). The Owner/Ocean Cottages reserves the right to repossess the holiday property at any time where you or any member of your party has caused damage, and in such circumstances the Owner/Ocean Cottages shall not be liable to make a refund of any remaining portion of the rental period.
Some properties require a refundable security deposit to be paid with the final balance. This is refunded to you within 14 days of your departure date assuming no damage has been caused or there has otherwise been no actionable breach of these terms and conditions.
Any deductions made from your damages deposit (such as replacement items/call-outs/damage) will be subject to a 10% administration fee payable to Ocean Cottages (with a minimum charge of £10). Where a security deposit has not been retained, you will be required to settle any necessary charges via your debit or credit card. As a result of damage or cleanliness, Ocean Cottages and the owner reserves the right to refuse future bookings.
OWNER/OCEAN COTTAGES RESPONSIBILTIES
The details relating to the holiday property advertised on our website and any other publications were correct at the time of being posted or going to print. No liability is accepted for any minor differences in the property description that may have arisen thereafter. In the unlikely event of a material change(s) to the Holiday Property as compared with advertising literature, we may in our sole and absolute discretion allow you the option to treat the change as a material event allowing cancellation of the booking, with a full refund of monies paid.
In the event that any large electrical appliance such as a refrigerator, hot tub, wifi/internet connection, oven, washer or dishwasher at the Holiday Property breaks down during your stay and cannot be repaired immediately, then you agree to accept an ex gratia payment of £10 per product for each 24 hour period that you are without the use thereof. In the event of a fundamental breakage to the boiler / hot water system, electricity supply or a serious flood which means that you need to vacate the property, you agree to a refund of the accommodation cost on a pro rata basis.
Your Agreement is with the owner of the holiday property. No liability for economic losses are accepted as a result of any breach of this Agreement by us or the holiday property owner. Neither Ocean Cottages or the holiday property owner accepts any responsibility for personal injury to you or your party members or matters over which we have no control. Notwithstanding the content of the paragraphs above, our liability and / or that of the holiday property owner is limited to a maximum of £5000 in relation to any claim for damages for negligence and / or breach of contract.
COMPLAINTS
Every effort has been made to ensure that your Holiday Property helps to provide an enjoyable and memorable holiday. If, however, you have any cause for complaint it is important that remedial action is taken as soon as possible. In that respect it is essential that you contact us immediately if any problem arises so that it can be investigated fully. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussions with us whilst you are in residence will usually enable issues to be rectified straightaway. In particular, complaints of a transient nature (for example, preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence.
If any complaint cannot be resolved during your holiday, you must write to us with full details within 14 days of your departure date, whereupon we will we investigate and respond within 14 days thereafter. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when Ocean Cottages have been denied the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
Please use the main Ocean Cottages telephone number when you need to contact us during your stay. If there is no answer, you must leave a voicemail detailing the nature of the call and someone will get back to you as quickly as possible.
Neither Ocean Cottages or the owners of the property accept responsibility for any work that takes place outside the property boundaries, or noise or nuisance resulting from a third party activity over which Ocean Cottages, or the owners, have no control.
LOST PROPERTY
Ocean Cottages cannot be held responsible for any property left at the property following your departure. Any items left in a property that is not claimed within 7 days of your departure will be disposed of. A handling charge of £10 (plus postage and any packaging costs) will be applied, and must be paid before the items are shipped.
DATA PROTECTION
Ocean Cottages will process your data in accordance with our
Privacy Policy and website terms of use (insert links). At
all times your data will be held securely and protected in line
with Ocean Cottages obligations under the general data protection
regulations. Only the lead party name will be shared with the
Owner, housekeeper and any other associated contractor who requires
this information.
If you request that we pass on supplementary information that you
wish to provide to the Owner/Housekeeper, for any reason, then we
will do so. Ocean Cottages will securely hold that information on
your behalf as part of your booking record unless you ask us to
delete it. Any such information is provided at your sole request
and discretion, and Ocean Cottages bears no responsibility for its
accuracy or contents.
THE LAW
If a court finds part of these terms and conditions or any contract to which they apply illegal, the rest will continue in force. Each of the paragraphs of these Conditions of Hire operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
In the event of any dispute between parties it shall be referred to the jurisdiction of the English courts only and any actions shall be heard in the court for the area in which the property is situated.
These Booking Conditions supersede any previous issues.
