These Terms and Conditions (these “Conditions”) apply to lettings of holiday accommodation by E and M Digital Limited (trading as Finest Retreats) a company registered in England and Wales with company number 10444744 whose registered office is at 19 Zest House Beechwood Road, London, England, E8 3FQ (“Agency”).
The Agency acts as an agent for the Owner and the Primary Guest contracts directly with the Owner (all as defined below). These Conditions form the basis of the Primary Guest’s contract with the Owner. The Primary Guest should read them carefully before submitting a booking with the Agency.
The Agency may amend these Conditions from time to time as set out in clause 14. Every time a Primary Guest submits a Booking, it must check these Conditions to ensure it understand the Conditions which will apply at that time.
1. Definitions and interpretation
1.1 The following definitions and rules of interpretation apply in these Conditions:
“Accidental Damage Charge”
the non-refundable charge set out in the Property Description which is payable by the Primary Guest in respect of possible damage to the Property and is an alternative to paying the Security Deposit;
the confirmation of booking provided by email to the Primary Guest when a booking has been accepted;
the booking form completed by the Primary Guest on the Website or by the Agency, on the Primary Guest’s behalf, if submitted by telephone;
a non-refundable booking fee specified on the Booking;
the deposit payable to secure a booking which shall be confirmed in the Booking;
the last day of the Holiday Period;
“Event Outside Control”
any act or event beyond the Agency’s, or Owner’s, reasonable control, including, without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.
the people that occupy the Property subject to these Conditions;
the Holiday Period specified in the Booking Confirmation;
the owner of the Property;
the additional charge payable for each pet permitted to occupy the Property and confirmed in the Booking Confirmation;
the person who submits the Booking;
the house, cottage, cabin and garden (if any) identified in the Booking together with the fixtures, furniture and effects;
the description of the Property displayed on the Website;
the balance of the Rental Charges less the Deposit;
the total rental charges specified in the Booking Confirmation including the Pet Charge but excluding the Security Deposit or the Accidental Damage Cover;
the sum set out in the Property Description and confirmed in the Booking Confirmation which is payable by the Primary Guest in respect of possible damage to the Property;
the first day of the Holiday Period;
the Agency’s website currently located at www.finestretreats.co.uk together with such other websites which may be developed by the Agency from time to time.
2. The Property
2.1 The Property Description is as set out on the Website from time to time. The Primary Guest agrees that the Agency’s employees and agents are not authorised to make any contractually binding representations concerning the Property. The Primary Guest acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
2.2 The images, availability dates, facilities, maximum occupancy numbers, accreditations, awards or descriptions relating to the Property on the Website are for illustrative purposes only. The Agency makes every effort to ensure that the Property Description is accurate and up-to-date, but the Property may vary slightly from this information.
3. Booking and Payment of Deposit
3.1 The Agency acts as an agent for the Owner and arranges bookings of the Property on behalf of the Owner. The Primary Guest acknowledges and agrees that it shall form a contractual relationship direct with the Owner.
3.2 The Primary Guest agrees;
a) that it is at least 18 years old and has capacity to conclude contracts;
b) to pay the Deposit and the Booking Fee at the time it submits the Booking;
c) that it is one of the Guests occupying the Property during the Holiday Period;
d) to ensure that all Guests are aware of, and comply with, these Conditions; and
e) to create a guest account on the Website and upload the names and ages of all Guests into that account.
3.3 The submission of a Booking and payment of the Deposit and Booking Fee is an offer to let the Property on the requested dates. A Booking is provisional until the Deposit and Booking Fee has been paid in full, in cleared funds and the Agency (acting on the Owner’s behalf) has issued a Booking Confirmation.
3.4 If the Property is available on the requested dates and the Deposit and Booking Fee has been paid, the Agency (acting on the Owner’s behalf) will issue a Booking Confirmation to the Primary Guest. At this point, a binding contract, incorporating these Conditions, will come into existence.
3.5 The Agency strongly recommends that the Primary Guest and Guests take out holiday insurance.
4. Payment of Rental Charges
4.1 The Deposit and Rental Charges are inclusive of VAT. If there are any changes in the rate of VAT between the date the Primary Guest submits a Booking and the date of the Booking Confirmation, the Agency will adjust the rate of VAT and the Primary Guest agrees to pay the applicable rate.
4.2 The Primary Guest must pay the Rental Balance to the Agency on the date confirmed in the Booking Confirmation and payment shall be made in pounds sterling or euros. The Agency shall not be required to send a payment reminder for the Rental Balance to the Primary Guest. The Website shall display a page confirming the payment methods which are acceptable to the Agency. The Primary Guest agrees to pay an additional £25 administration charge for any payment disputes raised by third party payment providers.
4.3 If the Primary Guest has not paid the Rental Balance by the date specified in clause 4.2, the Agency may:
a) if authorised by the Primary Guest, deduct the Rental Balance from the credit or debit card used to pay the Deposit; or
b) if not authorised by the Primary Guest, contact the Primary Guest and request that the Rental Balance is immediately paid online or by telephone. If the Primary Guest fails to pay the Rental Balance in accordance with this clause 4.3b), the Agency may deem the Customer to have cancelled the booking in accordance with clause 6.
4.4 The Agency will endeavour to check the Rental Charges displayed on the Website before issuing a Booking Confirmation. If the correct Rental Charges (or any associated VAT) are higher than the Rental Charges set out on the Website and a Booking Confirmation has been issued, the Agency will contact the Primary Guest and request the correct Rental Charges. If the Primary Guest does not agree to the correct Rental Charges, it may cancel the Contract and all payments will be refunded by the Agency to the Primary Guest.
4.5 The Rental Charges include the items specified in the Property Description. Any additional services are subject to availability and the Primary Guest agrees to include a request for these items at the time it submits the Booking. If parking is available at the Property, the Primary Guest agrees that this may be subject to an additional charge.
- Security Deposit or accidental damage charge
5.1 The Primary Guest may choose to pay the Security Deposit or the Accidental Damage Charge in respect of possible damage to the Property.
5.2 If the Primary Guest elects to pay the:
a) Security Charge, the Primary Guest shall authorise the Agency to deduct the Security Deposit from the Primary Guest’s debit or credit card within 28 days after the End Date;
b) Accidental Damage Charge, the Primary Guest shall be required to pay the Accidental Damage Charge at the time it submits the Booking.
5.3 The Security Deposit will be applied against any cost incurred in relation to remedying any damage to the Property, fixtures, fittings and effects at the Property caused by the Primary Guest, any Guests or, where applicable, any pets.
5.4 In the event that any of the costs identified at clause 5.3 exceed the Security Deposit, the Primary Guest agrees to pay such further costs following receipt of a written request by the Agency (together with such supporting evidence as may be reasonably required).
- Cancellation by the Primary Guest
6.1 The Primary Guest shall notify the Agency in writing (by email to email@example.com) prior to the Start Date if it intends to cancel the booking contract. The Primary Guest’s notice of cancellation shall also include the names of the Guests, the name of the Property and the Holiday Period.
6.2 If the Primary Guest cancels the booking the cancellation policy set out in the Property Description shall apply.
Unless otherwise agreed in writing by the Agency, the Primary Guest is not permitted to amend the booking contract.
- Holiday Period
8.1 The Primary Guest agrees that the Holiday Period shall not exceed 28 days.
8.2 Unless otherwise agreed in writing by the Agency, the Holiday Period commences at 4:00pm on the Start Date and ends at 10:00am on the End Date.
8.3 The Owner agrees to provide a key/access card for the Property and the Primary Guest may collect the key/access card after the Holiday Period has commenced in accordance with clause8.2.
8.4 The Primary Guest agrees to return the key/access card to the Owner or Agency on or before the Holiday Period ends in accordance with clause 8.2.
8.5 The Holiday Period cannot be exceeded for any reason without the Agency’s prior written consent. The Primary Guest agrees that it is responsible for any additional costs and charges incurred due to an unauthorised extension.
- Owner’s obligations during the Holiday Period
Subject to clause 10.1h) and 10.1l), the Owner agrees that the Primary Guest may occupy and enjoy the Property during the Holiday Period without any interruption from the Owner, Agency or any person claiming under, or in trust for, the Owner.
- Primary Guest’s obligations during the Holiday Period
10.1 The Primary Guest shall:
a) use the Property (including the fixtures and fittings) in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times;
b) be responsible for all damage caused to the Property (including the fixtures and fittings) which shall be determined in the Agency’s sole discretion, or to any other property, resulting from any breach of the obligations set out in these Conditions or any improper use by or negligence of the Primary Guest, Guest or any other person at the Property with the Primary Guest’s permission. The Primary Guest agrees that the cost of any damage to the Property may be deducted from the Security Deposit;
c) notify the Agency as soon as possible in respect of any damage to the Property (including the fixtures and fittings) or to any other property;
d) keep the Property and the fixtures, furniture and effects at the Property clean and in the same condition as at the Start Date and shall be responsible for paying for any replacement items (by way of deduction from the Security Deposit);
e) use the Property as a private holiday residence for the maximum number of Guests stated on the Booking Confirmation and ensure that the Guests named on the Booking Confirmation are the only persons entitled to occupy the Property;
f) ensure that it has the necessary travel and health documents required to visit a country in which the Property is located;
g) comply with all health and safety requirements and policies notified to it in respect of the Property;
h) ensure that the Property is secure at all times when it is not occupied by the Primary Guest, or other Guests, during the Holiday Period;
i) ensure that it uses the Wi-Fi reasonably (and not excessively) and in accordance with any additional requirement which are confirmed by the Owner from time to time;
j) at all times communicate with the Owner, Agency and its employees and representatives in a respectful and polite manner;
k) allow the Agency, Owner and/or its agent or anyone with the Agency’s or Owner’s written authority together with any workmen and necessary appliances to enter the Property at reasonable times of the day to inspect its condition and to carry out any necessary repairs provided the Agency has given reasonable notice (with regard to the work to be undertaken). The Primary Guest shall not interfere with or obstruct any such persons;
l) in cases of emergency, if the Guests have breached these Conditions or not vacated the Property in accordance with clause 10.1m), allow the Agency, the Owner, or anyone with the Agency’s authority, to enter the Property at any time and without notice; and
m) vacate the Property by 10:00am on the End Date and remove all Guest’s belongings and rubbish from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation. In the event that the Property is not left clean and tidy, the Primary Guest agrees that the Agency may deduct a reasonable fee for cleaning from the Security Deposit.
10.2 The Primary Guest shall not:
a) use the Wi-Fi for any business purposes;
b) use any abusive, inappropriate of offensive language when communicating with the Owner, Agency or its employees and representatives;
c) charge the Primary Guest’s, or other Guest’s, electric or hybrid vehicle at the Property unless the Property Description confirms that an electric vehicle charging point in available at the Property. The Primary Guest further agrees that they shall not use any domestic power sockets at the Property to charge an electronic or hybrid vehicle as this may damage the Property and create safety risks for the Primary Guest and other Guests;
d) do anything on the Property which may be a nuisance to, or cause damage or annoyance to, the Agency, Owner or the tenants or occupiers of any adjoining property;
e) keep any other pets on the Property without first obtaining the Agency’s written consent (which will be confirmed in the Booking Confirmation). For the avoidance of doubt, the number of pets permitted to occupy the Property shall not exceed the number set out on the Booking Confirmation;
f) play any music system or other device after 10pm;
g) use the Property for any illegal or immoral purposes;
h) smoke cigarettes, e-cigarettes or vapour cigarettes at the Property;
i) transfer, assign or sublet the Property or any part of the Property and shall not part with possession or share occupation of the Property or any part of it; or
j) alter, add to or interfere with the appearance, structure, exterior or interior of the Property or the arrangement of the fixtures, furniture and effects belonging to the Owner.
10.3 The Primary Guest acknowledges and agrees that the Owner, and the Agency, shall not be responsible for any works (including construction works) which occurs outside of the Property.
11.1 The Property Description will confirm whether pets are permitted in the Property and the maximum occupancy for pets.
11.2 If pets are permitted at a Property, the Primary Guest agrees:
a) to pay the Pet Charge (if applicable);
b) to not exceed the number of dogs stated on the Booking Confirmation;
c) to not allow dogs on beds or furniture;
d) to ensure that the dogs are free of any fleas or parasites;
e) to clean up after pets after soiling at all times;
f) to not leave dogs alone in a Property at any time; and
g) to remove all traces of pets left at the Property on the End Date.
11.3 The Primary Guest agrees to pay an additional cleaning charge for failing to comply with clause 11.2d), 11.2e) or 11.2g) which the Agency may settle by way of a deduction from the Security Deposit.
11.4 Registered assistance dogs are permitted at all Properties displayed on the Website, provided that the Primary Guest complies with clause 11.2 and includes a request in the Booking.
11.5 The Primary Guest acknowledges that pets may have occupied a Property with a previous guest. The Owner cannot guarantee that the Property has not be occupied by a pet and is suitable for Guests with allergies relating to pets.
If there has been a substantial breach of any of the Primary Guest’s obligations (including a breach of clauses 10.1j) and 10.2b)), the Owner (or the Agency acting on the Owner’s behalf) may terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property. The Owner shall not be liable for any losses incurred by the Primary Guest as a result of the Owner terminating due to the Primary Guest’s substantial breach of its obligations. The other rights and remedies of the Agency and Owner will remain in force.
- Limitation of liability
13.1 Nothing in these Conditions limits or excludes the Owner’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation.
13.2 The Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract. The Owner is not responsible for losses which are not obvious and could not be expected to happen. Any compensation amount is limited to Rental Charges paid by the guest.
13.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Primary Guest, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 The Agency issues Booking Confirmations, and forms contracts, on behalf of the Owner. The Primary Guest acknowledges and agrees that the Agency accepts no responsibility for any acts or omissions of the Owner.
- Changes to these Conditions
14.1 The Agency may revise these Conditions from time to time if it changes the way it lets the Property or if there are changes in any relevant laws and regulatory requirements.
14.2 When the Primary Guest submits a Booking to the Agency, the Conditions in force at that time will be incorporated into the contract the Primary Guest forms with the Owner.
14.3 If the Agency revises these Conditions in accordance with this clause 14, it will give notice to Primary Guests by stating that these Conditions have been amended on the Website and including the date of the amendment in these Conditions.
15.1 If the Primary Guest has any compliant about the Property, it must contact the Agency by email at firstname.lastname@example.org or telephone on 01872 308833. The Agency may refer to the Primary Guest to the Owner for the purpose of resolving the complaint as soon as reasonably practicable.
15.2 The Primary Guest agrees to raise complaints as soon as reasonably possible during the Holiday Period to allow the Agency, or Owner, to investigate the complaint If the Primary Guest is aware of a complaint on arrival at the Property, or during the Holiday Period, it must notify the Agency immediately and before the End Date.
15.3 Compensation will not be considered for any complaints that are made after the End Date or where the Primary Guest has denied the Agency or the Owner the opportunity to investigate, address or remedy the issue during the Primary Guest’s stay.
16.1 The Agency may contact the Primary Guest by telephone or by writing to the email address or postal address set out on the Booking.
16.2 The Primary Guest may contact the Agency by telephone or in writing to the email address or postal address set out in the Booking Confirmation.
16.3 Any communication given in connection with these Conditions shall be in English. The English language version of these Conditions, and any communication, shall prevail if there is a conflict.
17. Personal information
- Events outside our control
18.1 Subject to clause 18.2, if the Property cannot be occupied by the Primary Guest, or Guests, during the Holiday Period due to an Event Outside Control, the Agency will contact the Primary Guest as soon as possible and confirm the likely duration of the delay. The Owner’s obligations under these Conditions will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Control.
18.2 If government imposed public health measures affects the availability of the Property during the Holiday Period:
a) the Primary Guest must notify the Agency as soon as reasonably possible together with any supporting evidence as is reasonably required by the Agency;
b) the Primary Guest may transfer the Holiday Period to an alternative date, subject to availability which will be confirmed in writing by the Agency;
c) the Primary Guest may cancel the contract and payments will be refunded to the Primary Guest.
18.3 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations in these Conditions that is caused by an Event Outside Control.
19.1 Any obligation on the Primary Guest in these Conditions not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
19.2 The Owner may transfer its rights and obligations under these Conditions to another organisation and will confirm this in writing.
19.3 The Primary Guest may only transfer its rights and obligations under these Conditions to another person if the Owner, or the Agency acting on the Owner’s behalf, has agreed in writing.
19.4 The Owner and Primary Guest do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999, other than by the Agency.
19.5 If a court finds part of these Conditions illegal, the rest will continue in force. Each of the clauses of these Conditions 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.
19.6 If the Owner does not insist immediately that the Primary Guest do anything it is required to do under these Conditions, or if the Owner delays in taking steps against the Primary Guest in respect of the Primary Guest breaking the booking contract, that will not mean that the Primary Guest does not have to do those things and it will not prevent the Owner taking steps against the Primary Guest at a later date.
19.7 An obligation in these Conditions to pay money includes an obligation to pay Value Added Tax in respect of that payment.
19.8 These Conditions entitle the Primary Guest to occupy the Property for the purpose of a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988.
19.9 Under section 48 of the Landlord and Tenant Act 1987 the Primary Guest is hereby notified that notices (including notices in proceedings) must be served on the Owner by the Primary Guest at the following address:
c/o Finest Retreats,
219 Advent House,
19.10 The booking contract between the Owner and the Primary Guest shall be governed by the law of England and Wales. The Owner and the Primary Guest can bring legal proceedings in the English courts. If the Primary Guest lives in Scotland, it can bring legal proceedings in either the Scottish or the English courts. If the Primary Guest lives in Northern Ireland, it can bring legal proceedings in either the Northern Irish or the English courts.