11 Brightlands: https://www.visitbude.info/accommodation/11-brightlands-apartments/
5 Brightlands: https://www.visitbude.info/accommodation/5-brightlands-apartments/
If anything becomes damaged or broken, please let us know at the time, so we can replace the item.
If the booking is subsequently cancelled the deposit only will be refunded if a letter or email of cancellation is received 13 weeks prior to the holiday commencement date and such refund will be the deposit less the cost of administration costs determined by the proprietors in their absolute discretion. The deposit will not other wise be refunded
1. Your responsibilities when booking
1.1 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.
1.2 You accept financial responsibility for all transactions made under your name or account.
1.3 You promise to us and to each Owner that during the Holiday Period:
1.3.1 that the number of people and pets (if allowed) occupying the Property will not exceed the number stated on in your Booking Confirmation;
1.3.2 that the Property will be used solely for the purpose of a holiday by you and your Guests;
1.3.3 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;
1.3.4 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;
1.3.5 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);
1.3.6 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;
1.3.7 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;
1.3.8 to arrive after 4 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless you have agreed otherwise with the Owner;
1.3.9 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
1.3.10 to notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 1.3.
1.4 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.
1.5 It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
1.6 In the event that you or any Guest fails to comply with the requirements set out above in paragraph 1.3, 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.
2 Owners’ responsibilities
2.1 The Owner will:
2.1.1 perform the Rental Services using reasonable care and skill;
2.1.2 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;
2.1.3 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;
2.1.4 ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
2.1.5 not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
2.1.6 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;
2.1.7 will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
2.1.8 Comply with the terms of the Rental Contract and act in good faith at all times;
2.1.9 respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
3.1 Pets are only allowed at Properties where this is expressly stated in the applicable Property description. If you take a pet to a Property that does not allow them, or exceed the stated number/size of pet(s), the Owner (or his representative) has the right to:
3.1.1 refuse to allow you and your Guests to enter or stay in the Property; or
3.1.2 ask you and your Guests to leave the Property before the end of the Holiday Period.
3.1.3 If the Owner exercises their rights under paragraph 3,1 the Owner may end the Rental Contract in accordance with the Owners’ right to end a Rental Contract section.
3.3 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 3.3, 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.
4.1 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.
5 Promises the Owner makes to you about the Property and Rental Services
5.1 The Owner promises to you that:
5.1.1 it has the right to provide the Rental Services and enter into the Rental Contract with you
5.1.2 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;
5.1.3 the Property and the Owner will comply with all applicable laws and regulations relating to fire, health, safety and planning and data protection; and
5.1.4 the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
6.1 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.
7 Owners’ liability
7.1 Owners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
7.2 If either you or an Owner fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time we accept a Booking made by you.
8 Your rights as a consumer
8.1 We and Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens’ Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
9 Your right to end a Rental Contract
9.1 You may immediately end a Rental Contract:
9.1.1 if we or an Owner have told you about an error in the charges or Booking Details or a significant error in the description of the Rental Services relating to your Booking and you notify us that you do not wish to proceed; or
9.1.2 if we notify you about a change to the Rental Charges due to changes in the applicable exchange rate and you notify us that you do not wish to proceed.
9.2 Nothing in this paragraph 9 affects or reduces your legal rights as a consumer. Please see further paragraph 20.1 regarding where to obtain advice regarding your legal rights.
10. Owners’ right to end a Rental Contract
10.1 An Owner may immediately terminate their Rental Contract with you if:
10.1.1 you and your Guests do not comply with the obligations set out in paragraph 1;
10.1.2 you do not comply with the applicable rules on pets in accordance with paragraph 3;
10.1.3 if you fail to pay any housekeeping bond on the date that payment of the bond is due; or
10.1.4 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.
11 Consequences of the Rental Contract ending
11.1 If you end the Rental Contract for the reasons mentioned in paragraph 9, 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.
11.2 If the Rental Contract ends during the Holiday Period, you must:
11.2.1 leave the Property together with all Guests as soon as possible;
11.2.2 notify the Owner (or their representatives) and us that you and your Guests have left the Property and the reasons for doing so; and
11.2.3 return the keys/access cards to the location instructed by the Owner.
11.3 Nothing in this paragraph 11 affects or reduces your legal rights as a consumer. Please see further paragraph 8 regarding where to obtain advice regarding your legal rights.
12.1 If you have any complaint about the Booking Services, Rental Services or the Property please contact us by telephone or via email.
12.2 If you are still staying at the Property and wish to make a complaint about a Property or Rental Service, we would suggest that you contact the relevant Owner (or their representative) as soon as possible. We encourage all Owners to take complaints from holidaymakers seriously and to do their best to resolve them, where possible.
12.3 Nothing in this Complaints section will affect your legal rights or any right you may have to bring legal proceedings against an Owner under a Rental Contract.
13 Other important terms
25.1 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.
13.2 Language. These Booking Conditions may be presented to you in more than one language. However, the English language version of these Booking Conditions shall prevail. Any contracts made under these Booking Conditions will be concluded in English.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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 or an Owner (as applicable) agree to this in writing.
13.8 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.
13.9 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.
13.10 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.
13.11 Which laws apply to these Booking Conditions and any Contract between us and where you may bring legal proceedings. 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. If you live in Scotland, you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Northern Irish or the English courts. If you live in the Republic of Ireland, you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the courts of the Republic of Ireland or the English courts.
13.12 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Owner has handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
14 Changes to these Booking Conditions
14.1 We may make changes to these Booking Conditions at any time by sending you an email with the modified Booking Conditions or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Booking Conditions will not apply to any Bookings that we confirm with you before the date the modified Booking Conditions come into effect.
14.2 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.