Terms and Conditions
1 Contract Hire
The Contract of Hire will be between Patching Holidays, the owner of the property (the Owner) and you the customer (Visitor)
2.1 These Terms and Booking Conditions, as acknowledged during account creation, may be updated from time to time. The making of a booking will form an agreement on these Terms and Booking Conditions (the ‘Agreement’) between the Visitor and the Owner (Mr Neville Child and Mrs Sara Child) with 1 France Cottages (the ‘Accommodation’).
2.2 The Owner permits the Visitor to occupy the Accommodation for the period shown in the Confirmation Invoice (“Holiday Period”) together with the use of the furniture, fixtures and effects. It excludes any rights of tenancy.
2.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. References to ‘party’ in these Terms and Conditions will include the Visitor’s family, servants, agents or guests. The Visitor agrees to make his or her party aware of these terms and conditions”
2.4 The Confirmation Invoice will show the holiday price at the time of booking. The holiday price is subject to change in the event that the price is increased during a pricing review of properties (which will take place in Autumn each year to take effect in the relevant following calendar year). In the event of a change in the holiday price the Visitor will be informed in writing as soon as possible. The Owner will then ask the Visitor to confirm whether they wish to confirm the agreed new price or confirm that they no longer wish to continue with the booking. Should the Visitor choose not to continue they shall be entitled to a full refund. If the Owner has not heard back from the Visitor within 4 weeks it shall notify them again and if it has still not received confirmation within a further 4 weeks it shall have the right to terminate the booking. In such circumstances, The Owner will only be liable for the return of the deposit. It is important in order for the Owner to correspond with the Visitor that the Visitor keeps the Owner notified of any changes in their contact details by writing to the Owner at France Cottage, France Lane, Patching, Worthing, West Sussex, BN13 3UP.
2.5 It is stronly recommended that the Visitor procure their own comprehensive travel insurance to enable recovery of costs for which they may be responsible, including but not limited to, cancellation for whatever reason, postponment, travel disruption, change in government guidance.
3 Security Deposit
A security deposit of £150 is required with your balance of hire. This will be held by the owners for up to 14 days after your departure from your holiday accommodation. We will claim against the security deposit for the repair or replacement of any breakages, losses or damage to the property or contents (fair wear and tear excepted as we do understand that sometimes minor accidents do happen). If you have any breakages, please let us know as soon as possible so that we can make any necessary replacements for the benefit of both your party and subsequent guests. Please note that damages and losses are not limited to the security deposit and any costs in excess of this amount will be invoiced and payable in full without delay. The security deposit will also be used to cover any additional costs of cleaning if the property is left dirty or if vacated later than the stated time on the day of departure.
For bookings made 8 weeks or more in advance, the booking for a holiday will become firm when a deposit of at least 30% of the holiday price (rounding up to the nearest pound sterling) has been received by the Owner. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 working days. For bookings made for a holiday less than 30 days away, full payment will be required at time of booking.Unless you specify otherwise the security deposit and balance payments will be processed using the same card details used for the deposit.
All payments can only be accepted in Pounds Sterling. We accept payment via direct bank transfer, cheque, cash, or PayPal.
6 Final Payment
The full balance of the total holiday cost (including any increase following a revision of prices in accordance with clause 2.4) will be payable not later than 30 days before the holiday begins. If the full balance is not paid on time the Owner shall notify the Visitor of this breach and the Visitor will have 7 days to remedy the breach. If the breach is still not remedied, the Owner reserves the right to cancel the holiday booking, in which case the Owner shall retain the booking deposit in full.
Cancellation within 8 weeks of your holiday will forfeit the full hire amount paid (or due) unless the property can be re-let. In which case, 20% of the deposit will be payable to cover administration and re-letting costs. Cancellation more than 8 weeks prior to your holiday, the deposit will be refunded less a charge of 20% to cover administration costs.
8 Right To Refuse/Alter
8.1 The Owner reserves the right to refuse any booking.
8.2 The Owner reserves the right to cancel or alter arrangements made for the Visitor whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control the Owner or (b) where in the reasonable opinion of the Owner deems it is necessary to perform or complete essential remedial or refurbishment works.
8.3 If a booking has to be cancelled by the Owner, they will take reasonable steps to offer an alternative booking. If the Owner is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered holiday arrangements (as the case may be), the Owner will return to the Visitor the relevant proportion of the money paid by the Visitor in respect of the Accommodation. The Owner will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control.
8.4 Where 8.2 (b) applies the Owner shall offer the Visitor an alternative date in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed).
9 Change of Booking
There will be a fee of £35.00 (thirty-five pounds) for any transferred booking, and bookings may not be transferred within one month of the Visitor's holiday, or from one calendar year to another. A transferred booking a change in the Visitor, or from one date to another. If the transfer requested also involves reducing the length of the holiday, it will be regarded as a cancellation.
10 Visitor Accommodation Limitation
Occupation must be limited to the maximum number of persons for the Accommodation on the Owners website.
11 Joint Bookings
The booking should be made in one name only and that person (the Visitor) shall not, without the written consent of the Owner, assign the booking.
Unless otherwise stated in writing, the holiday price will include all charges for water, gas, electricity, or oil. Visitors wishing to use the open fire should buy their own logs. Any damage caused by using inappropriate fuel will be charged to the Visitor.
13 Loss of Visitor Property
13.1 Except as indicated in 13.2 below, the Owner cannot be held responsible for loss or damage to any belongings, or for injury sustained by the Visitor or members of his or her party during their stay at the Accommodation.
13.2 The Owner excludes liability for loss or damage to any belongings, or for death or injury sustained to the Visitor or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or default or breach of the Owner.
13.3 The Visitor shall be liable for and indemnify the Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by the Owner arising from the Visitor’s use or occupation of the Accommodation which arise from any breach by the Visitor of his or her obligations under the Agreement or from any negligence or wilful default of the Visitor and/or the Visitor’s party.
Bookings that include dogs are done so on the understanding that all flea, worming treatments and vaccinations are up to date and on the condition that they are not allowed upstairs, on the furniture, and especially the beds, nor left unattended in the accommodation. There must be no evidence that a pet has been at the property upon departure. A charge will be made per week for each dog, up to a maximum of 2 dogs (guide dogs for the blind and hearing dogs for profoundly deaf people excepted). No other domestic pets can be accepted in the holiday property. Please obtain formal confirmation in writing if you require to accommodate a pet. The pet owner will be responsible for reimbursing the owner for any damage caused.
15 Right of Entry
The Owner and/or its agents reserve the right to enter the Accommodation at any reasonable time for reasonable cause. This includes the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
16 Visitor Obligations
16.1 The Visitor undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the booking period (reasonable wear and tear excepted) and shall pay to the Owners the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible.
16.2 The Visitor must allow the Owner and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, save in emergency when immediate access must be granted.
16.3 The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the Owner or to any neighbours.
16.4 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice.
16.5 The Visitor and his or her party shall comply and adhere fully with any government guidance applicacable a the time of occupation.
16.6 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party undertakes not to smoke inside the Accommodation.
17 Property Cleanliness
The Visitor agrees to ensure that the Accommodation is left clean and tidy. The Visitor agrees to pay an additional reasonable charge to cover the expense of additional, unusual cleaning required because the Visitor fails to comply with this clause.
18 Family Occupation
18.1 The Accommodation shall be for family use only, not for youth groups or other groups or student parties. Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted.
18.2 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the Holiday Period, and not for any other purpose or longer period.
18.3 The maximum occupancy of the Accommodation shall not be exceeded. If the Visitor wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of the Owner. If permission is granted, an additional charge will be levied.
19 Advance Bookings
All properties can be booked well in advance. It is advisable to book early to avoid disappointment, particularly over school holiday periods.
Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the Owner. Reasonable steps will then be taken to assist the Visitor. The Owner will not normally make any refunds in respect of complaints made after the Visitor's departure from the Accommodation if the Visitor did not make the complaint or the problem known to the Owner during the holiday. If the Visitor wishes to comment on his or her stay a comment/suggestion form may be completed and left in the Accommodation, or alternatively to the address below. All complaints made after the Visitor’s departure must be made in writing to: Patching Holidays, France Cottage, France Lane, Patching, Worthing, West Sussex, BN13 3UP and received no later than 14 days after the date of departure.
21 Arrival and Departure Times
21.1 Adherence to the arrival and departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being. Arrival time is after 4:30pm on the first day of the holiday and Departure time is before 10:00am on the last day of the holiday or as advised separately by the Owner.
21.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the Holiday Period and the Visitor must return them on the last day of the Holiday Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.
22 Right to Evict
The Owner and/or their agents reserves the right to ask the Visitor and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by the Owner and/or its agents where if there is a serious breach by the Visitor of the Agreement or their behaviour is such as to endanger the safety of the property or staff. If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed we shall give the Visitor an opportunity to rectify the breach and failure to do so shall entitle the Owner or agents to terminate the agreement with immediate effect.This includes any breach of any valid government guidance at the time of occupation.
Notices shall be sufficiently served if sent by pre-paid first class recorded delivery letter or email to the address appearing in the Confirmation Invoice or such other address as each party may from time to time have communicated in writing to the other. Any notice to be served on the Visitor under the Agreement may be given during the Holiday Period by delivery through the letterbox or putting under the front door of the Accommodation and shall be deemed to have been received upon the expiration of 24 hours after service.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.
25 Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 might give rights to third parties who are not parties to this contract. The parties agree that this will not apply and that, subject to clause 2.3, only those signing the contract shall have rights and obligations under it.
26 No Smoking Policy
There is a strict no smoking policy in the Accommodation
The headings in this document are included only for convenience, and do not affect the meaning of the clauses to which they relate.
28 No Tenancy
The Agreement is for the Holiday Period and is not intended to create the relationship of Landlord and Tenant between the Visitor and the Owner. The Visitor shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Agreement.
29 Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the English Courts.
30 Our details
Whilst we endeavour to make our details accurate and reliable, if there is any point which is of particular importance to you, please contact the Owner and we will be pleased to check information.
The mention of any appliance and/or services in these particulars does not imply that they are in full and efficient working order.
Patching Holidays, France Cottage, France Lane, Patching, Worthing, West Sussex, BN13 3UP
19 March 2020