PLEASE READ CAREFULLY. WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER VIA A SITE, EMAIL, TELEPHONE OR POST), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU. PLEASE NOTE THERE ARE TERMS IN THIS CONTRACT WHICH LIMIT AND/OR EXCLUDE OUR LIABILITY TO YOU. PLEASE SEE CLAUSES 2.4, 4.4, 6.2, AND CLAUSE 18.
In these terms and conditions the following expressions shall have the following meanings:
“Booking” means any reservation You make with Us by any reservation method for holiday properties featured on Our Site (each a “Booking”);
“Booking Conditions” means these terms and conditions which apply to any Booking for holiday properties featured on Our Site, (whether by telephone, email or via the Site), and the accommodation Rental Services You receive from owners of those properties under your contract with them.
“Booking Confirmation” means the confirmation of booking provided by email to the Customer when a booking has been accepted.
“Booking Details” means the details specific to your Booking including the Property, Holiday Period and any restrictions notified to You during the Booking process;
“Booking Fee / Service Fee” means the amount that We charge in respect of the Booking Services usually a non-refundable booking fee of minimum £48 (including VAT).
“Booking Services” means the service via this Site that allows You to make Bookings at each Property;
“Deposit” means the initial instalment of the Rental Charges quoted during the Booking process and payable by You when making a Booking usually one-third of the Rental Charges, provided that the booking is submitted more than eight weeks before the first day of the Rental Period;
“Event Outside Control” means any act or event beyond Wight Holiday Lettings’ or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks
“Guest” means You being the person making the Booking and holidaymakers other than You that are booked to stay at the Property during the Holiday Period under your Booking. You and The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
“Holiday Period” means the inclusive dates for which You reserve a Property;
“Inventory” means the inventory of fixtures, furniture and effects at the Property, a copy of which may be kept at the Property.
“Owner or Owners” means the relevant owner of each Property;
“Property” means the house, (garden if any) and accommodation featured on Our Site (each a “Property” and together “Properties”) and identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory;
“Rental Balance” means the balance of the Rental Charges payable by You after payment of the Deposit;
“Rental Charges” means the Booking Fee and the fees payable by You under the Rental Contract that We collect from You in relation to the Booking;
“Rental Contract” means the legally binding contract between You and the Owner for the Rental Services;
“Rental Services” means the contract for the provision of the Property and any related services.
“Security Deposit” means an additional sum, minimum £200, to be paid in advance by the Guest along with the Rental Balance on account of any charges arising under clause 13 of this contract, which are resulting from breakages, damages or dilapidations caused or occurring during the Guests stay at a Property. This sum is refundable in full within 28 days of the end of the Guest stay and following checkout providing the Property is returned in good condition with no chargeable breakages or damages.
“Site” means this website www.wightholidaylettings.co.uk. Please note that the additional terms and conditions shown and accessed at the footer to the Site apply to the use of and access to the Site by You.
“Third Party Booking Website” means any external third-party external third party platform or booking site or booking agents (such as Airbnb) which it is hereby agreed and accepted by You and the Guests will apply to all bookings that originate through their portals and advertising platforms. It is further agreed and accepted that We do not control or supply such Third Party Booking Conditions which are therefore accepted by You and the Owner ‘as is’.
“Wight Holiday Lettings” (“We”, “Our” or “Us”, as applicable) means IOW Holiday Lettings Limited trading as Wight Holiday Lettings.
2.1 By making any Booking with Us, You confirm that You accept the Booking Conditions and agree to comply with them.
2.2 Where You book a holiday property featured on Our Site via a Third Party Booking Website, they will accept your booking subject to their own terms and conditions of booking which will apply and will form part of the Rental Services. Please make sure You read their terms and conditions of business carefully before You book as they may well differ materially from Our own Booking Conditions.
2.3 We recommend that You print or save a copy of these Booking Conditions and the Terms of Use for your reference. We may change them at any point without notice and the latest version will always be posted on the Site. We may alter or amend these Booking Conditions and the Terms of Use at any time without notice. They will be binding on all clients at the time of notification except where bookings and/or reservations have already been taken and confirmed whereupon the alterations will be binding at the end of the Guests bookings that have been taken or are currently running unless the amendments are due to statutory changes in which case they will take effect immediately on publication or notification.
2.4 We provide this Site so that You can reserve accommodation in Properties featured on Our Site.
Whilst we provide Booking Services the accommodation that You book is provided by the relevant Owner of each Property. We act as booking agent for Owners and consequently, the contract for Rental Services is solely between You and the relevant Owner, not Us.
We will, on request, provide the name and address of the Owner to the Guest.
2.5 If you have any questions regarding these Booking Conditions, please contact Us using the details set out in the Contact Us section of the Site.
3.1 Please read Our Privacy Policy to see how We use your personal information, including the information You submit about yourself when making a Booking. By submitting your personal information to Us, You agree to Our use of that information in the ways described in Our Privacy Policy, including sharing your information with Owners for the purposes of their provision of the Rental Services.
3.2 By agreeing to these Booking Conditions, You are providing your consent for Us to use cookies in the ways described in Our Privacy and Cookie Policy.
3.3 We may record telephone calls between Us for monitoring and training purposes. In the event of a dispute between Us, We reserve the right to review any recorded calls between Us.
4.1 We act as agent for the Owner by arranging Bookings and taking payment from Guests. We do not own any of the Properties. We reserve the right to refuse any Bookings.
4.2 Once We have accepted a Booking in the way described in the Making a Booking section below, 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 the Guests and provide the Rental Services for the Holiday Period. We will not be a party to the Rental Contract.
4.3 The following will together all form part of the Rental Contract between You and the Owner:
4.3.1 your Booking Details;
4.3.2 these Booking Conditions; and
4.3.3 any other special or additional conditions that We draw to your attention during the booking process before We accept your Booking.
4.4 As Our obligations to You are limited to those in connection with the Booking Service, We accept no liability for any defects or unavailability of the Property or any other problems with your holiday. Your rights under these Booking Conditions and the Rental Contract are against the Owner. Please see further the Our liability section.
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 Our Site.
6.1 We make every effort to ensure that the descriptions (including Rental Charges and availability) relating to the Properties and Rental Services on Our Site are accurate and complete. These descriptions include details of the Property and Rental Services including photos, the availability period of the Property for rental, the Rental Charges and any additional charges, the facilities available at the Property, maximum occupancy numbers, any accreditations, awards or descriptions of quality relating to the Property including any star ratings. If We discover a mistake or error relating to this information We will correct this promptly on Our Site and will contact You if that information relates to a Booking that You have already made using Our Site.
6.2 The Property and Rental Services descriptions do not constitute advice or recommendation given by Us. We do not independently verify accreditations, awards or star or other quality ratings and such ratings are only indicative of what level of quality Guests can expect from a particular Property. We will not be liable for inaccuracies or errors in this information or the accommodation information as this information is supplied to Us by Owners.
6.3 Rental Charges shown in the search listings on Our Site are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.
We do not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property or Rental Services descriptions on Our Site.
6.4 Where an Inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of the start of the Holiday Period, otherwise the Inventory will be deemed to be correct.
6.5 If included linen and towels are changed at the end of the Rental Period and a fresh set is provided weekly during the Rental Period.
7.1 To be eligible to make a Booking and enter into a Rental Contract You must:
7.1.1 be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
7.1.2 register with Us on Our Site (in advance or when Booking) or by telephone by providing your real name, phone number, email address and other requested information; and
7.1.3 possess a valid payment method such as a valid debit or credit card or PayPal or any other digital option as stated on the payment page.
7.2 You may make a Booking using Our Site or via a Third party Booking Website.
7.3 If You provide your Booking details to Us by email, We will send to You a link to the Site so that You can make a Booking and pay Us online.
8.1 By making a Booking with Us You are making an offer to:
8.1.1receive Our Booking Service and make payment to Us (at the relevant time) in respect of the Rental Services;
8.1.2 enter into a Rental Contract with the applicable Owner in relation to the Property You have selected; and,
8.1.3 pay Us all amounts due in respect of the Deposit and Rental Charges.
8.2 The following steps have to take place before a contract is made between Us for the provision of the Booking Services and between You and the applicable Owner for the provision of Rental Services under a Rental Contract:
8.2.1 You submit your Booking to Us on the Site by submitting your Booking Details and your payment details for processing. Your submission of Booking Details is an offer by You to book the Property.
Before submitting your Booking on the Site, the Booking process will give You the opportunity to review your Booking, these Booking Conditions and the Booking Details for your chosen Property and, if You require, make amendments to your Booking.
For telephone bookings We will read You details of your Booking and Booking Conditions for your confirmation. You may make any required amendments at this point. We will then request your payment details and We will process your payment in respect of your Booking;
8.2.2 You will receive an on-screen acknowledgement of your Booking and a receipt for your payment by email at the address You provided.
For telephone bookings We will verbally confirm your booking reference and will send You a receipt for your payment by email at the address You provided;
8.2.3 We check the availability of the Property relating to your Booking and, provided We have successfully processed your payment, We will send You a Booking Confirmation email confirming your Booking together with a copy of these Booking Conditions. At this point a binding contract, incorporating these Booking Conditions, will come into existence. As soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Charges along with any additional charges such as optional extras. We reserve the right to refuse a booking. If We refuse a booking, the Deposit, Rental Charges and any additional charges paid by You will be refunded immediately.
8.2.4 We accept:
in each case, at the time We take any payment from you in respect of the Rental Charges. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually take any payment from You in respect of the Rental Charges (including the Deposit) at which point a contract will be made between Us and You for the Booking Services and between You and the Owner for the provision of the Rental Services under the Rental Contract.
8.3 When We accept payment for all or any part of the Rental Charges, You will no longer owe a debt to the Owner or Us for the associated amount.
9.1 If a booking is made eight weeks or more before the first day of the Holiday Period, a Deposit plus Booking Fee is payable. The Booking Deposit shall be paid by You at the time You submit the booking to Us.
9.2 If a booking is made less than eight weeks before the first day of the Holiday Period, the full Rental Charges, plus any additional charges, must be paid at the time of submitting the booking.
9.3 You agree to pay the Booking Fee. If two or more Properties are booked these constitute separate contracts and are subject to separate Booking Fees.
9.4 The fees and charges will be as quoted on this Site from time to time and We use Our best efforts to ensure that these are correct. However, it is always possible that, despite Our best efforts, some of the fees and charges on the Site may be incorrectly priced. We will normally check these prices as part of Our confirmation procedures so that:
9.4.1 where the actual Rental Charges or other fees are less than those quoted on the Site at the time You made your Booking, We will charge the lower amount when confirming the Booking to You; and
9.4.2 where the actual Rental Charges or other fees are higher than those quoted on the Site at the time You made your Booking, We will contact You as soon as possible to inform You of this error and We will give You the option of continuing to book the Property at the correct (higher) price or cancelling your Booking. We will not process your Booking until We have your instructions. If We are unable to contact You using the contact details You provided during the Booking process, We will treat the Booking as cancelled and notify You in writing.
9.5 The fees and charges may change from time to time, but changes will not affect any Booking which We have confirmed with a Booking Confirmation.
9.6 All Rental Charges and all other fees and charges quoted on this Site include VAT, where applicable.
9.7 Before submitting your Booking online, You will be presented with details of the total Rental Charges payable for your Booking together with details of the following amounts payable to Us at the time of your Booking:
9.7.1 the Booking Fee / Service Fee is non-refundable once your Booking is confirmed;
9.7.2 the Deposit and, if the date the Rental Balance would normally fall due for that Booking has already passed, the Rental Balance too; and
9.7.3 any additional fees and charges quoted during the Booking process when You make your Booking (for example heating supplements, pet charges).
9.8 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 Us for the Rental Balance. Please note, We may (but are not obliged to) contact You to remind You of the due date for payment of the Rental Balance.
9.9 If the Rental Balance or any other additional payments are due after You make your Booking, then:
9.9.1 if You authorised Us to take payment for these amounts from your chosen payment method when You made your Booking, We will automatically take payment from You using your original payment method. If there has been a change to the Rental Charges due to changes in the exchange rates and additional amounts are payable, We will contact You before taking payment. Please see further paragraph 10.1 below; or
9.9.2 if You did not authorise Us 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 your account on the Site or by contacting Us by telephone using the number in the Contact Us section below.
10.1If You do not make any payment to Us by the due date We and/or Owners may charge interest to You on the overdue amount at the rate of five percent (5%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
10.2 If the balance of Rental Charges is not paid by You on the due date, then at our absolute discretion, You may be deemed to have cancelled the booking and We shall retain the Deposit and Booking Fee.
10.3 Please note some Owners may charge a ‘good housekeeping bond’, which will be included alongside the charges quoted to You during the Booking process. The Owner will communicate directly with You to collect and (if appropriate) return this bond. We have no control over the payment or return of such bonds by the Owner.
11.1 Please check all the details in your Booking Confirmation promptly after receiving the confirmation and tell Us as soon as possible if You think We have made any mistakes or errors with your Booking.
11.2 Please contact Us directly if You would like to amend your Booking. If an Owner agrees to amend the Booking, additional charges including additional Rental Charges and/or an administration fee may also be payable to cover Our costs of making the amendment. This does not affect your legal rights.
11.3 A booking can only be cancelled prior to the first day of the Holiday Period.
11.4 After You receive your Booking Confirmation, if You wish to cancel the booking You must notify Us in writing (“Cancellation Notice”).
11.5 In the event that a Cancellation Notice is received by Us, a cancellation charge is payable depending on the number of days before the first day of the Holiday Period.
Cancellation Policy
Prepayment
We can facilitate prepayment of the full amount from our guests before arrival. Please call us on 01983 305710
11.6 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.
12.1 We may cancel your Booking on an Owner’s behalf if:
12.1.1 We become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property’s water supply);
12.1.2 Our agency agreement with the relevant Owner terminates due to a breach by the Owner.
12.2 An Owner may cancel your Booking due to circumstances or events outside their reasonable control.
12.3 If We or an Owner cancels a Booking in accordance with this paragraph 12, We may (but are not obliged to):
12.3.1 arrange alternative accommodation for You and your Guests of an equivalent type and standard in a similar location. We 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
12.3.2 obtain a refund from the relevant Owner of any amounts paid by You to that Owner in relation to the cancelled Booking.
13.1 You must make sure that all the information You provide to Us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), You must promptly update your details.
13.2 You accept financial responsibility for all transactions made under your name or account.
13.3 You promise to Us and to each Owner that during the Holiday Period:
13.3.1 that the number of people and pets occupying the Property will not exceed the number stated on in your Booking Confirmation;
13.3.2 that the Property will be used solely for the purpose of a holiday by You and your Guests;
13.3.3 that You will (and ensure that 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;
13.3.4 that You will (and ensure that 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 Us or the Owner in connection with the Property or Rental Services;
13.3.5 to allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner provides reasonable advance notice (except in emergencies);
13.3.6 to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property 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 period the Property is left in the same state of order and cleanliness in which it was found. The Owner (or Us acting on their behalf) may make an additional, reasonable charge for professional cleaning after your and your Guests’ occupancy as may be required to return the Property to its original state of cleanliness and tidiness;
13.3.7 to report as soon as possible to the Owner (or his 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. We may collect such payments on the Owner’s behalf; not to allow any person other than You and your Guests to use the facilities and amenities of the Property without the express permission of the Owner; and
13.3.8 to notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 13.3. The Security Deposit paid by you will be applied in payment of any liability which you have to the Owner for cleaning charges or damages and breakages but for the avoidance of doubt please note that you remain liable for the full cost incurred in dealing with such damages and will be liable to pay any additional balance in excess of the Security Deposit.
13.4 Holiday Periods are for a maximum of four weeks and commence at 4.00pm on the first day of the Holiday Period and end at 10.00am on the last day of the Holiday Period unless You have agreed otherwise with the Owner;
13.5 The Rental Period cannot be exceeded unless Wight Holiday Lettings give written approval. The Customer will be liable for any cost of whatever nature incurred because of an unauthorised extension.
13.6 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.
13.7 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 UK. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non- compliance with such requirements.
13.8 In the event that You or any Guest fails to comply with the requirements set out above in paragraph 13.3, 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 Rental Contract and the provision set out in the Owners’ right to end a Rental Contract section will apply.
14.1 The Owner will:
14.1.1 perform the Rental Services using reasonable care and skill;
14.1.2 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 Our descriptions of the Property inaccurate, incomplete or misleading;
14.1.3 ensure that the Property is vacant and that You and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
14.1.4 ensure that suitable arrangements are in place for You to collect and return the keys/access cards for the Property;
14.1.5 not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
14.1.6 show all due consideration and respect to You and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards You and your Guests;
14.1.7 will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
14.1.8 comply with the terms of the Rental Contract and act in good faith at all times;
14.1.9 respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
15.1Pets 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 his representative) has the right to:
15.1.1 refuse to allow You and your Guests to enter or stay in the Property; or
15.1.2 ask You and your Guests to leave the Property before the end of the Holiday Period.
15.2 If the Owner exercises their rights under paragraph 13.1, the Owner may end the Rental Contract in accordance with the Owners’ right to end a Rental Contract section.
15.3 You will be liable for all damage caused by your 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 your 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 13.3, the Owner (or their representative or Us 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.
15.4 Registered assistance dogs are allowed in all Properties featured on Our Site, even where the property description states that pets are not allowed, provided that You comply with the provisions in paragraph 13.3. You must notify Us of the intended presence of any assistance dogs prior to Booking. If You have an allergy to dogs, please be aware that We and Owners cannot guarantee that an assistance dog has not stayed in a particular Property recently. We and Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
You are strongly advised to take out adequate travel insurance prior to departing for your holiday. It is your responsibility to check that your insurance cover is adequate.
17.1The Owner promises to You that:
17.1.1 it has the right to provide the Rental Services and enter into the Rental Contract with You
17.1.2 the Owner will maintain, at the Owner’s expense and with a reputable insurance company, policies to meet the Owner’s liabilities under the Rental Contract with You;
17.1.3 the Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
17.1.4 the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
18.1 Nothing in these Conditions excludes or limits the liability of Us or the Owners for:
18.2 To the fullest extent permissible under applicable law, We disclaim any and all other promises, warranties, conditions, or representations relating to the Booking Service, whether express, implied, oral or written. In particular, We do not make any promises about:
18.2.1 the availability of the Booking Services or the Site or that they will be provided uninterrupted or error or virus-free;
18.2.2 errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the Site; or
18.2.3 the quality, suitability or performance of the Rental Services, the Property or the Owner. You understand that We 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 Us of such services. We do not guarantee the accuracy of the Rental Services offered for sale through Us. We shall not be liable for any damages arising as a result of any inaccurate information or errors on Our Site which relate to information about Property or Rental Services. We shall not be liable to You for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond Our or their control.
18.3 We do not authorise anyone to make any promises on Our behalf.
18.4 We will not be responsible or liable:
18.4.1 or 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
18.4.2 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.
18.5 We may provide You with a separate facility to purchase travel tickets on ferries to the Isle of Wight. This service forms an entirely separate agreement between Us. You accept that We have not in any way selected or assembled your travel arrangements for You. Your accommodation arrangements are not a package and do not fall within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992.
18.6 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 their own risk. We accept 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 Our negligence.
18.7 If either We or You fail to comply with these Booking Conditions, neither of Us 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 Us at the time We accept a Booking made by You.
19.1 If the Owner fails to comply with these Booking Conditions, or with the Rental Contract the Owner may be responsible for losses which are a foreseeable result of their breach of these conditions or their negligence, but 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.
19.2 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.3 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.
20.2 Nothing in this paragraph 20 affects or reduces your legal rights as a consumer.
21.1 An Owner may immediately terminate their Rental Contract with You if:
21.1.1 You and your Guests do not comply with the obligations set out in paragraph 13;
21.1.2 You do not comply with the applicable rules on pets in accordance with paragraph 15;
21.1.3 if You fail to pay any housekeeping bond on the date that payment of the bond is due; or
21.1.4 circumstances or events outside the Owner’s reasonable control 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.
22.1 If You end the Rental Contract for the reasons mentioned in paragraph 20, We will refund to You the Booking Fee and the Owner will refund to You the Deposit and any other amounts paid by You for the Booking within 14 days of the date You notify Us that You wish to end the Rental Contract.
22.2 If the Rental Contract ends during the Holiday Period, You must:
22.2.1 leave the Property together with all Guests as soon as possible;
22.2.2 notify the Owner (or their representatives) and Us that You and your Guests have left the Property and the reasons for doing so; and
22.2.3 return the keys/access cards to the location instructed by the Owner.
22.3 Nothing in this paragraph 22 affects or reduces your legal rights as a consumer.
23.1If You have any complaint about the Booking Services, Rental Services or the Property please contact Us.
23.2 If you wish to make a complaint about a Property or Rental Service during your stay, we will endeavour to deal with the matter and/or contact the relevant Owner as soon as possible. If you have direct contact details for the Owner please use these in the first instance. We encourage all Owners to take complaints from guests seriously and to do their best to approve any remedial works and resolution without delay.
23.3 If you have a cleaning or maintenance issue please make us aware within 24hrs of your arrival; we will expect you to allow access for cleaners and/or a contractor to attend to put things right. If you do not report the issue within 24hrs or decline to allow reasonable access, we will not consider a claim for compensation under any circumstances.
23.4 If after leaving a Property you still wish to make any complaint and/or are dissatisfied with the Owner’s response to any direct complaint, please contact us 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).
23.5 We will use Our reasonable endeavours to liaise with an Owner on your behalf to attempt to resolve an outstanding complaint.
23.6 Nothing in this Complaints section 23 is intended to restrict your legal rights or any right You may have to bring legal proceedings against an Owner under a Rental Contract.
24.1 Written Communications. You agree to receive communications from Us and Owners electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
24.2 Our reliance on these Booking Conditions. We 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. We and You and each Owner will be legally bound by these Booking Conditions.
24.3 References to ‘including’ and other similar expressions. In these Booking Conditions, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
24.4 We may transfer this contract to someone else. We and each Owner may transfer Our rights and obligations under these Booking Conditions to another organisation. We or the Owner will contact You to let You know if this is planned. If You are unhappy with the transfer You may contact Us or the Owner to end the relevant contract within 14 days of Us or the Owner telling You about it and We or they will refund You any payments You have made in advance for services that have not been provided.
24.5 Events or circumstances beyond Our or an Owner’s reasonable control. If We 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 Our or an Owner’s reasonable control, 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, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
24.6 You need Our consent 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 We and/or an Owner (as applicable) agree to this in writing.
24.7 Nobody else has any rights under these Booking Conditions or the Contract. Each contract for the provision of the Booking Services is between You and Us. Each Rental Contract is between the relevant You and the relevant 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.
24.8 If a court finds part of these Booking Conditions or any contract to which they apply illegal, the rest will continue in force. Each of the paragraphs of these Booking 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.
24.9 Even if We or an Owner delays enforcing a contract made under these Booking Conditions, We or the Owner (as applicable) can still enforce it later. If We or an Owner do not insist immediately that You do anything You are required to do under these Booking Conditions, or if We 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 Us or an Owner (as applicable) taking steps against You at a later date. For example, if You miss a payment and an Owner does not chase You but continues to provide the Rental Services, they can still require You to make the payment at a later date.
24.10 These Booking Conditions and any contracts made under them are governed by English law and You can bring legal proceedings in respect of any such contracts in the English courts
24.11 Notices (including notices in proceedings) must be served on the Owner at the following address:
c/o Wight Holiday Lettings Limited
Trigg House
Monks Brook
St Cross Business Park Newport
IOW
PO30 5WB
25.1 No representative, agent or sales person 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 Us in writing.
25.2 If there are any changes in the rate of VAT between the date You submit a booking and the date of the Booking Confirmation, We will adjust the rate of VAT and You hereby agree to pay the applicable rate.
