Terms & Conditions
The booking of Phoenix Barn involves you entering into a letting contract with Andrew Corser ("The Owner" of "the Property"). No tenancy agreement will be entered into or implied by this contract.
1 BOOKING
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. The Owner reserves the right to terminate the letting contact. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Owner issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Owner does this, he will tell you in writing and promptly refund any money you have paid to him. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Owner within seven days.
2 PAYMENT
When you book the Property you should pay the amount then due (normally a deposit, being 20% of the total rental amount) by bank transfer, by sending a cheque made payable to Andrew Corser, or by Pay Pal. Providing the booking can be confirmed, the Owner will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Owner no later than 6 weeks before your arrival date at the Property. However, if you book less than 6 weeks before your arrival date, payment of your total holiday cost is due immediately. For bookings made less than 2 weeks before your arrival date, payment must be made in full by bank transfer or by Paypal, at the time of booking. All prices quoted on the Phoenix Barn website or otherwise advised to you include taxes where applicable.
3 CANCELLATION OR CHANGES BY THE OWNER
The Owner does not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Owner will contact the party leader as soon as is reasonably practicable, explain what has happened and inform you of the cancellation or change. If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, you will receive a full refund of all monies paid to the Owner. So as to expedite the matter, the Owner will, whenever reasonably possible, communicate with you by telephone or e-mail in the case of a significant change or cancellation and you are required to do the same. In the unlikely event that the party leader fails to tell the Owner that you wish to accept any change the Owner is entitled to assume you wish to cancel your booking and receive a full refund.
4 CHANGES OR CANCELLATION BY THE GUEST
(i) If you wish to change your booking, it is important to realise that a change of dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your booking. The Owner will advise the party leader if this is the case when the change is requested. The party leader must then inform the Owner as soon as is reasonably practicable as to whether you still wish to change your booking and this information must be received by the Owner in writing. So as to expedite matters the Owner will communicate with you by telephone or e-mail and you are required to do the same.
(ii) Cancellations. If you have to, or wish to, cancel your booking, the party leader must telephone the Owner as soon as possible. The party leader must also immediately confirm your cancellation in writing. The day the Owner receives your written notification of cancellation is the date on which your booking is cancelled. The balance of the holiday will still be payable on all cancellations. The Owner will endeavour to resell your booking at the full or reduced price. Any discount will be at the discretion of the Owner. We strongly recommend you take out cancellation insurance.
5 CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER
Except where otherwise stated in these Conditions, the Owner shall not be liable for any change or cancellation which is a result of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if due care had been exercised. For example, beyond our control includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner) and all similar situations. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/accommodation) will be payable in such circumstances by either the Owner.
6 ADVERTISED DETAILS
(i) The Owner aims to ensure that the information provided is accurately conveyed in the advertised details on the Phoenix Barn website and other promotional literature or material produced and circulated by the Owner. However, the information and prices in this material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the material and prices at the time of publishing, changes and errors occasionally occur. You must therefore ensure you check all details of the Property and arrangements (including the price, details, etc) with the Owner at the time of booking.
(ii) There may be small differences between the actual property and its description, as the Owner is always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Owner will tell the party leader as soon as reasonably practicable after the Owner becomes aware of the situation. The Owner makes all reasonable efforts to ensure that information supplied to you in relation to the Property or its facilities and/or services is accurate and complete as at the date given. The Owner will, however, use his best endeavours to notify you of any changes to or inaccuracies in any information contained in the materials or otherwise provided to you as soon as is reasonably practicable.
7 LIABILITY
The Owner shall have no liability for any death or personal injury unless this results from the negligence of the Owner or their employees (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner in respect of damage to, or loss of, such personal property except where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment).
8 YOUR HOLIDAY ACCOMMODATION
Arrival and departure
You can arrive at your Property after 4 pm on the first date of your booking, and you must leave by 10.00am on the last day unless otherwise arranged. Please contact the Owner 3 days prior to arrival to inform them of your approximate time of arrival, so that someone will be able to meet you when you do arrive. If you fail to arrive by 12.00 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on your final confirmation, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
Care of the Property
You and all members of your holiday rental party agree both to keep the Property clean and tidy and to leave the Property in a similar condition as you found it upon your arrival. You and all members of your holiday rental party further agree not to use the Property for any commercial purpose, including subletting the Property. You are responsible to the Owner for the actual costs of any breakage or damage in or to the Property – along with any additional costs that may result – which are caused by you and/or any members of your holiday rental party, and the Owner can invoice you to cover any such costs.
Possession of the Property
The Owner is entitled at his sole and absolute discretion to refuse to hand over to you, or to repossess, the Property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members of your holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Owner will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the Property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, the Owner is not under any obligation to find any alternative accommodation for you.
Pets
If you take a pet with you, it should not be allowed on beds or chairs or be left unattended in the Property. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed. Customers with allergies should be aware of this and the Owner cannot accept any liability for any suffering which may occur as a result of such animals having been present.
Access to the property
You must allow the Owner and any representative of the Owner (including workmen) access to the Property at any reasonable time during your rental – in these situations the Owner is entitled to enter the property at any time without giving you prior notice. The Owner will only do this in exceptional circumstances.
9 COMPLAINTS
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owner is anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or his representative whose details appear on your final confirmation, immediately if any problem arises so that it can be speedily resolved. Discussion of any criticisms with the Owner or his representative whilst you are in residence will usually enable shortcomings to be rectified immediately.
If the customer vacates the property prematurely as a result of alleged dissatisfaction or makes a claim on return from the holiday, and has not followed the procedure above, then no liability for any subsequent claim will be accepted or correspondence entered into. If you fail to follow this procedure, it may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
10 COMMUNICATING WITH YOU
For the purposes of the Data Protection Act 1998, the Owner is the sole data controller of all personal data provided by customers and prospective customers to the Owner. In order to process your booking the Owner needs to collect certain personal details from you, for example names and addresses of party members, payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements. If the Owner needs any other personal details, he will tell you before obtaining them from you. The Owner may need to pass on your personal details to the companies and organisations who need to know them so that your holiday rental and any travel-related services can be provided (for example any key holder of the property, or other suppliers). The Owner may also need to process and store your personal details for administration, market analyses and operational reviews. The Owner would also like to store and use your personal details for future marketing purposes (for example, sending you brochures or details of promotions and offers which the Owner feels maybe of interest to you). All details you give to the Owner at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
11 THE LAW
Any disputes between you and the Owner will be governed by the exclusive law and jurisdiction of the English and Scottish Courts.
12 YOUR RIGHTS
Your statutory rights are not affected by anything contained within these Conditions.
13 THIS WEBSITE
These booking conditions supersede all previous editions and may be superseded by subsequent editions.
(Current as at 30th December 2011)