Booking Terms and Conditions

 

1/ Definitions 

These are the definitions for the purposes of the terms and conditions.

Unique Holiday Stays is the trading name of Jurassic Coast Holiday Home Management Ltd.

See Legal for further information.

 

Booking – the service and product sold to the Customer and which facilitates the Rental Contract. This is provided by the Agent to the Customer, on behalf of the Owner.

Booking Confirmation – the confirmation of the Booking provided via email to the Customer when a Booking has been accepted.

Booking Deposit – equal to 25% of the Rental Fees, when the Booking is processed more than 12 weeks before the first day of the Rental Period.

Booking Enquiry – is submitted by the Customer to Unique Holiday Stays in respect of prospective availability for a Property.

Booking Fee – is a non-refundable fee of £37.50 (including VAT).

Customer(s) – the Customer making and paying for the Booking of holiday accommodation. The Customer must be at least 18 years of age and must agree to the Booking terms and conditions on submission of a Booking Enquiry. The Customer at all times remains responsible for the actions of all Guests permitted on the Booking during the Rental Period.

Event Outside Control – any act or event beyond the Owner’s or Unique Holiday Stays’ reasonable control. This includes without limitation, fire, explosion storm, flood, earthquake, subsidence, epidemic, or other natural disaster or failures of public or private telecommunications or utilities networks.

Guest(s) – the people that will occupy the Property subject to these terms and conditions. Note that the Customer(s) is not necessarily the Guests(s). It remains the responsibility of the Customer(s) to ensure that all Guest(s) are provided with access to these terms and conditions.

Inventory – a list of fixtures, fittings, furniture, furnishings, property and effects at the Property; a copy of which may be kept at the Property.

Owner – the legal Owner of the Property.

Property – the house, cottage, cabin, apartment (including any garden and outside space belonging to the Property) identified in the Booking Confirmation together with the Inventory.

Rental Contract – the legally binding contract made between Customer and Owner, for the short term hire of a specific Property and agreed Rental Period. A Rental Contract is not effective until Unique Holiday Stays process the Booking Deposit and provide the Booking Confirmation to the Customer.

Rental Fees – the total monetary amount due from a Customer to Unique Holiday Stays in respect of a Booking made for a Property. This includes all mandatory and optional fees, supplements etc. that are selected and processed in the Booking.

Rental Period – the duration of stay and period specified in the Booking Confirmation. Generally no longer than 4 weeks. Any minimum Rental Period i.e. ‘two nights minimum’ will be clear from the Property availability calendar.

Unique Holiday Stays – the company defined above, who act on behalf of the Owner and provide services to the Customer.

Website – Unique Holiday Stays’ website, located at URL (www.uniqueholidaystays.co.uk).

 

2/ Your Data

Please see Unique Holiday Stays’ Privacy Policy  for further information. Our Cookie Policy also details when and what information is collected about you from using this website.

 

3/ What We Do

Unique Holiday Stays act an agent on behalf of the Owner. The rental arrangements for holiday accommodation are made and processed by Unique Holiday Stays on behalf of the Owner and the contractual relationship ‘Rental Contract’ is directly between the Owner and the Customer.

Unique Holiday Stays provide the Website to facilitate potential Customers in the reservation, booking and payment for self catering holiday accommodation.

On request and according to our Privacy Policy, Unique Holiday Stays will make available to the Customer, the name and address of the Owner. Unique Holiday Stays reserves the right to act as a forwarding address for the Owner.

 

4/ Holiday Home Descriptions 

The descriptions and details for each Property are not fixed. They closely represent the Property, and from time to time may require updating. Unique Holiday Stays endeavours to maintain the accuracy of Property descriptions on the Website at all times.

Much of the information on the Website is provided for general information purposes and is not intended to amount to advice on which Customers and Guests should rely. Although Unique Holidays Stays make reasonable efforts to ensure the information on the Website is up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

Unless otherwise stated, all Property Rental Contracts include fair reasonable use of utilities (gas, water and electricity).

Where a Property is advertised as offering Wi-Fi, as detailed within the Property description; provision is subject to availability and network conditions.

 

5/ Duration Of Holiday Stay, Check In & Check Out Times

Rental of holiday accommodation is for a maximum Rental Period of four weeks.

The Rental Period commences at 5:00pm on the first day of the Rental Period.

The Rental Period ends at 9:00am on the last day of the Rental Period.

Guests should not arrive before the Rental Period, neither vacate the Property later than the end of the agreed Rental Period. Failure to do so, may result in the Customer being charged a further day’s rental for the Property.

Unless otherwise stated explicitly in writing by Unique Holiday Stays to the Customer, these times and durations of the Rental Period apply.

 

6/ Customer Eligibility & Intended Purpose Of Holiday Booking

Unique Holiday Stays cater predominately for family gatherings and holidays. It is not our policy to accept Bookings for parties, hen do’s, stag do’s or from large groups of under 18s.

Customers making a Booking agree that they are at least eighteen years of age, and;

Customers agree that they have the legal capacity to enter into a legally binding agreement with an Owner, and;

Consent to taking on the financial responsibility of all Booking Deposits, Rental Fees, additional charges that arise.

Customers are not permitted to offer for resale any Booking or Rental Contract of any Property advertised on this Website.

Applying and interpreting Schedule 1, Paragraph 9 of the Housing Act 1988; Customers booking with Unique Holiday Stays, exercise the right to occupy Property belonging to the Owner for holiday purposes only.

The Rental Contract between Customer and Owner does not create the relationship of Landlord and Tenant between the parties.

A Customer or Guest will not be entitled to a new tenancy or to any assured short hold tenancy, or any statutory protection under the Housing Act 1988, or any other statutory security of tenure now or at the end of the Rental Period.

 

7/ Booking Deposits

Where a Booking is processed 12 weeks or more before the first day of the Rental Period, a Booking Deposit plus a non-refundable Booking Fee is payable. The Booking Deposit will be paid by the Customer at the time they submit the Booking to Unique Holiday Stays.

Where a Booking is made less than 12 weeks before the first day of the Rental Period, the full Rental Fees, Booking Fee and any additional charges will be paid by the Customer at the time of the Booking, to Unique Holiday Stays.

Where a Customer books more than one Property, the Booking Fee is applicable to each individual Property and Booking.

When a Customer submits a booking enquiry, this is an offer to book the Property. If the Property is available on the requested dates and the Customer has provided all necessary information, Unique Holiday Stays will send the Customer a Booking Confirmation. At this point, a binding contract that incorporates these Terms and Conditions, comes into effect.

Unique Holiday Stays reserves the right to refuse a Booking. In this scenario, any Booking Deposit, and Rental Fees paid by the Customer will be refunded immediately.

Note that refusing a Booking does not constitute a Cancellation or any rights associated with Cancellation.

Refusal of Booking pertains only to Bookings made via Instant Book on the Website, or in genuine error by Unique Holiday Stays. Unique Holiday Stays will endeavour to enforce a refusal of Booking within 48 hours of the Booking Confirmation.

 

8/ Rental Fees Balance Payments 

The Rental Fee will be displayed on the Website at the time of submitting a Booking Enquiry, and by Unique Holiday Stays prior to a Booking Confirmation.

On receiving the Booking Confirmation, the Customer becomes responsible for payment of the full balance (Rental Fee) in addition to all extra charges associated with the Booking.

Payment of the Rental Fees and all extra charges are payable to Unique Holiday Stays 12 weeks before the first day of the Rental Period.

Unique Holiday Stays reserves the right to treat non-payment of the balance by this date as a Cancellation. In this case, the Customer is deemed to have cancelled their Booking and Unique Holiday Stays will retain the Booking Deposit and Booking Fee.

The date for paying the holiday balance (Rental Fees) will be sent to the Customer with the Booking Confirmation.

Unique Holiday Stays may, but are not legally obliged to, contact and provide reminders to Customers for payment of the Rental Fees balance.

All charges, deposits and Rental Fees quoted and charged by Unique Holiday Stays include VAT, where applicable.

 

 9/ Amending A Booking

Following receipt of the Booking Confirmation by the Customer, a Booking can only be amended to a different Property by actioning a Cancellation of that Booking (see below section 10). A new Booking would need to be made for the different Property.

The Rental Period may be amended by the Customer, once, fee-free, prior to the commencement of the Rental. This will be subject to: Availability, the Owner’s approval, Agreement between Customer and Owner for an adjustment in Rental Fees (if extending or shortening the stay), and only if the request to amend the Rental Period is more than four weeks from the first day of the Rental Period. The Customer should contact Unique Holiday Stays in the first instance for requests to amend the Rental Period.

All further requests to amend the Rental Period, after any actioned first request, will be subject to a £50 (including VAT) fee payable to Unique Holiday Stays. All subsequent Rental Period amendments are subject to all conditions in the previous paragraph.

 

10/ Transferring Booking Dates

Where a Customer has received a Booking Confirmation, Unique Holiday Stays makes no guarantee or promise to offer the Customer availability and to transfer, defer, extend or shorten their Rental Period.

Customers are urged in the first instance to contact Unique Holiday Stays as soon as becoming aware that they need to amend their Booking and or Rental Period. Only by agreeing to do this, are Unique Holiday Stays able to offer and exercise their full level of discretion in meeting the expectations of both Owner and Customer. 

Unique Holiday Stays will at all times endeavour to help Customers who require amendment to any Booking, Rental Period and Rental Contract.

However the final decision with any amendment to the Booking, Rental Period and Rental Contract will remain with the Owner.

Where permission is provided by the Owner in respect of an amendment, Unique Holiday Stays will charge an amendment fee of £50 (inclusive of VAT) to the Customer.

Unique Holiday Stays alone, reserve the right to waive this fee where deemed fair, though are not obliged to do so.

Where a Customer submits a request to amend the Booking, Rental Period and Rental Contract, a difference in the Rental Fees owed to Unique Holiday Stays may be required.

Again Unique Holiday Stays, on behalf of the Owner, will in each individual scenario aim to honour the prices quoted from of the original Booking Confirmation. But where a difference in price for Rental Fees is owed, the Customer agrees to pay this difference, according to the conditions 7 & 8 above by way of Booking Deposit and Rental Fees balance payment.

 

11/ Cancellation 

All Bookings can only be cancelled prior to (and not including) the first day of the Rental Period.

Any Customer wishing to cancel a Booking, must provide Cancellation Notice, by writing to Unique Holiday Stays, referencing their Booking Confirmation.

On receiving a Customer Cancellation Notice, Unique Holiday Stays will write to the Customer to confirm the Cancellation request.

On receiving a Cancellation Notice from a Customer, Unique Holiday Stays will be owed by the Customer a Cancellation Charge. This is dependant on the number of days before the first day of the Rental Period that Cancellation Notice is received.

Please see the following tablature illustrating our terms on the Cancellation Charge owed by the Customer, as percentage of the Rental Fees:

 

 

12/ Cancellation Protection 

Unique Holiday Stays strongly recommend that Customers obtain cancellation protection or cancellation insurance for their holiday Booking.

Customers are encouraged to take out their own travel insurance for UK holidays (as one might for holidays abroad), specifically opting for a policy which covers booking cancellations.

There are a number of options available to Customers seeking reassurance, peace of mind and protection for the value of their Booking.

If a Customer chooses not to purchase a suitable and appropriate booking cancellation cover or policy, then the Customer accepts full responsibility for any financial losses that they incur, due to any cancellation.

 

Booking Protect

Unique Holiday Stays uses a third party booking management system. This system can automatically incorporate a quote for Booking Cancellation Protection for each new Customer Booking.

Customers booking directly with Unique Holiday Stays have the option to purchase Booking Protect as an additional charge to the Rental Fees.

Booking Protect is a third party provider for cancellation of events. It is not an insurance. It is a non-refundable charge added to the Booking and payable to Unique Holiday Stays in addition to the Rental Fees. It can only be purchased at the point of Booking, before Booking Confirmation.

Booking Protect will cover each guest up to £1500. For example, a Booking with 10 Guests would be eligible for a Booking Protect quote covering up to a maximum total Rental Fees of £15, 000.

As an example, a Booking for two Guests with Rental Fees total of £3000 would be quoted approximately £210 to purchase Booking Protect. This works out at around 7% of total Rental Fees.

Customers interested in purchasing Booking Protect are thoroughly encouraged to read up about Booking Protect and the example Booking Protect terms and conditions:

Booking Protect

Booking Protect Terms and Conditions

 

Unique Holiday Stay Cancellation Protection 

Unique Holiday Stays offer our own cancellation protection. The terms and conditions, inclusions and exclusions are similar to Booking Protect.

It is not an insurance product.

We are able to offer our own cancellation protection for total Booking Rental Fees up to maximum of £1200 (inclusive of all mandatory and optional extra charges).

As an example, for a Booking with Rental Fees totalling £1000, a Customer will be quoted a non-refundable cancellation protection charge of £50. Approximately 5% of the Rental Fees.

This is an indicative example only. Customer cancellation protection prices may vary.

Our cancellation protection is available to purchase up to the due date for Rental Fees 12 weeks prior to first day of the Rental Period.

Please read here for the terms and conditions for our cancellation protection.

Cancellation Protection Terms and Conditions

 

13/ Optional Extras

Where optional extras i.e. Hot Tubs, Dogs, Concierge, are available to the Property these prices will be listed on the Website and charged at the rates shown on the Website.

 

14/ Security Deposits and Damage Waivers

Unique Holiday Stays utilise a variety of measures to protect Owner Property.

These charges are made not only to protect against damages, but more often than not, excess cleaning required, where a Customer and Guests have not returned the Property to a reasonable clean state upon check out.

Two types of mandatory charges may be applicable to the Booking and Rental Fees. Which charge is applicable should be described in the Property description on the Website. It will also be confirmed in the Booking Confirmation.

Security Deposits

A refundable security deposit is generally applicable to larger Property and Guest numbers.

A security deposit is payable to Unique Holiday Stays, and is added to the total Rental Fees, and will be incorporated into both the Booking Deposit payment and Rental Fees balance payment due date 12 weeks prior to holiday arrival date.

For example only, a Customer with Booking Rental Fees of £5000, plus a £1000 security deposit would pay a Booking Deposit of £1500. Plus a Rental Fees balance payment of £4500, 12 weeks before the first day of the Rental Period.

The exception to this is where a Customer intends to make a Booking within 12 weeks of the holiday start date. In this case the total Rental Fees and security deposit is required to be paid in full, before Booking Confirmation is provided.

Subject to clauses in Condition 19 (Damages, Breakages And Additional Cleaning), the security deposit will be refunded to the Customer within 14 days of the final day of the Rental Period.

 

Damage Waiver

A non-refundable damage waiver charge is payable on many of the properties available to let with Unique Holiday Stays. The damage waiver is a mandatory charge incorporated into the Rental Fees.

There are three bandings according to size of Property, potential Guest numbers and risk of damage to Owner Property.

Band A requires £20 non-refundable charge.

Band B requires £40 non-refundable charge.

Band C requires £60 non-refundable charge.

 

15/ Pets

An increasing number of properties listed on our Website, allow for Customers and Guests to bring their pets along. This is usually a dog.

The Property listing page should clearly state whether pets are allowed, the type of pet and how many are permitted.

The Property listing and Booking Confirmation should confirm what cost this will be.

It remains Customer responsibility to check with Unique Holiday Stays and confirm that their pet is permitted and included on the booking.

Pets are only permitted at the Property with subject to any conditions imposed by Unique Holiday Stays and the Owner.

If pets are permitted, the Customer agrees that they shall be kept under control and exercised off the premises.

Customers and Guests are encouraged to abide by the Countryside Code and keep dogs under close control at all times for their safety as well as the safety of other dog owners and livestock.

Pets are not permitted in the bedrooms or on the furniture in the Property and neither Unique Holiday Stays nor the Owners can accept responsibility for their safety.

Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet.

Where the description of a Property states ‘Regret no pets’, or the Property does not accept pets or otherwise restricts the keeping of pets at the Property, Unique Holiday Stays and the Owner cannot guarantee that there have been no pets previously kept at that Property.

Where a Property requires additional cleaning because dogs have been allowed into the bedrooms, on beds and on uncovered sofas, a fixed charge of £50 will be payable by the Customer to Unique Holiday Stays, to cover the cost.

 

16/ Changes To Prices and VAT

Unique Holiday Stays reserves the right to update prices on the Website due to errors or omissions. Where any amendment affects the Rental Fees for a Customer, the Customer will be notified as soon as possible and the Customer shall have the right to terminate the Rental Contract if the amended price is significantly higher than when agreed in the Booking Confirmation.

Where amendment to rates of VAT are required, and fall between the Booking Enquiry date and the Booking Confirmation date, Unique Holiday Stays will apply the VAT amendment and the Customer will be liable and agrees to pay the applicable rate.

 

17/ Method Of Payment and Overseas Customers

Payments to Unique Holiday Stays may be made by BACS electronic bank transfer.

Cheques are not a permitted form of payment.

Customers outside of the United Kingdom agree to pay the Rental Fees in Pounds Sterling by electronic bank transfer. Any charges for payments made from overseas will be passed onto the Customer.

 

18/ Vouchers

Where available and distributed the voucher should detail the time frame that voucher must be used within.

If it does not then the default voucher terms apply as follows:

A voucher may be used against a Booking Deposit or Rental Fees balance.

May be used through the Website, or by telephone booking. A gift voucher can be redeemed online during the Booking process by entering the unique code which appears on your gift voucher.

Must be used within 501 days from the date of issue including the day of issue.

Only one voucher used per Customer Booking.

Voucher will not be used in combination with any other offer, unless at the explicit discretion of a senior manager for Unique Holiday Stays.

Gift vouchers cannot be exchanged for cash, replaced if lost or damaged and are non-refundable.

Customers are not permitted to sell or trade a voucher.

 

19/ Customer Obligations

The Customer agrees to the following:

To make sure that all the information provided to Unique Holiday Stays in connection with the Booking is true, accurate, current and complete. If any Customer or Guest details change (e.g. email address, postal address), you must promptly update your details with Unique Holiday Stays.

Report all damages, destruction, defect, disrepair that affect the Property or Inventory to Unique Holiday Stays as soon as it comes to the attention of the Customer. All damage or breakdowns are reportable immediately so as to provide Unique Holiday Stays an opportunity to remedy and repair prior to subsequent Customer arrivals.

Pay for any losses or damages to the Property caused by a Guest in their party. This excludes damage resulting from fair wear and tear. Where Unique Holiday Stays can demonstrate with supporting evidence that damage to Property is directly attributable to the Customer or Guest, the costs for the damage will be reclaimed on behalf of the Owner. This will be through retention of the security deposit against the Property.

Take good care of the Property and at the end of the Rental Period, leave the Property in a clean and tidy condition as close to how you found the Property at the start of the Rental Period. This includes (but is not limited to) washing all cups, cutlery and cooking utensils and putting back into the cupboards.

Cleaning services are not provided during the Rental Period, unless otherwise agreed between the Customer and Unique Holiday Stays.

If either the Owner or Unique Holiday Stays are dissatisfied with the condition that a Property is left in by a Customer at the end of the Rental Period, they reserve the right to refuse to take a Booking from that Customer in the future.

To permit both Unique Holiday Stays and the Owner reasonable access to the Property at all times without notice. Every effort will be made not detract from the Customer right to peaceful enjoyment of their Rental Holiday.

Not to share possession of the Property with anyone other than those Guests identified on the Booking Confirmation and not to exceed the total number of Guests identified in the Booking Confirmation.

Not to sell and transfer part or all of the Booking to another party, without the express written permission of Unique Holiday Stays, who will gain Owner approval.

Where an Owner of the Property operate their own Terms and Conditions, the Customer agrees to abide by those conditions. These are considered an extension of these terms and conditions and will be made available to the Customer during the Booking Confirmation.

Customers and Guests agree to reasonable and lawful use of any Wi-Fi service.

Not to smoke inside any Property. This includes all vapes and e-cigarettes.

To read and disseminate to all Guests, the Fire Safety Information relating to the Property, on the day of arrival.

Not to cause undue nuisance and annoyance to neighbours or occupants of adjoining premises.

Not to use drones unless express written permission is provided by Unique Holiday Stays.

Fireworks are not permitted to be used, without express written permission from Unique Holiday Stays, who will liaise with the Owner for absolute confirmation.

Not to use or let off night lanterns under any condition.

Where a parking space or area is provided, to only use the allocated spaces relating to the Property identified in the Booking Confirmation.

 

20/ Damages, Breakages and Additional Cleaning

Both Owners and Unique Holiday Stays, appreciate that accidents happen, which is why condition 16 above allows for Customer and Guest to report all instances of damage, disrepair and breakages immediately to Unique Holiday Stays.

Where Unique Holiday Stays can demonstrate that Guests and a Customer have deliberately breached these conditions or have caused damage to the Property and or Inventory items, reimbursement for repair or replacement will be sought.

Where a security (damages) deposit is in place against a Property, Unique Holiday Stays will withhold the full deposit pending a post check out investigation.

Supporting evidence in the form of, but not limited to, photographs and housekeeping witness statements, will be recorded by Unique Holiday Stays. This evidence will be used to justify the retention of all or part of the Customer security deposit.

Where partial or full retention of security deposit is made, Unique Holiday Stays will supply the Customer a short written report summarising the reasons for retaining the deposit or part of, including a breakdown of the additional cleaning costs, Inventory items replaced or repaired, and labour costs associated for repairs to the Property or Inventory. This will be supplied to the Customer within 14 days of the final day of the Rental Period, along with any remaining security deposit balance.

 

21/ Owner Obligations And Assurances 

The Owner agrees:

To uphold the Rental Contract using reasonable care and skill;

Notify the Customer in writing of any changes to the description of the Property relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;

Ensure that the Property is vacant and that the Customer and Guests have sole access to the Property for the full Rental Period;

Ensure that suitable arrangements are in place for Guests to collect and return the keys for accessing and securing the Property;

To show all due consideration and respect to the Customer and Guests including refraining from any dangerous, offensive, violent or anti-social behaviour;

That the Owner, the Property and the Rental Contract comply with all applicable laws and regulations during the Rental Period;

To comply with the terms and conditions of the Rental Contract and act in good faith at all times;

To respond to queries, complaints and problems which arise during or after the Rental Period and endeavour to resolve them;

Have the right to provide the Property and enter into the Rental Contract with the Customer;

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 the Customer;

That 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

That the Property is properly maintained, clean, tidy and in good repair at the commencement of the Rental Period.

Should an owner request cancellation of any confirmed bookings or we feel cancellation is the only option due to failure of an owner to fulfil obligations or lack of communication a penalty charge will be enforced. With more than 6 weeks to arrival the penalty is 25% of the total booking value (inclusive of Airbnb fees if applicable). With less than 6 weeks to arrival the penalty is 45% together with the cost of re-locating the customer to a new property if needed.

Should an owner no longer wish to use the services of Unique Holiday Stays within 9 months of start date they will be charged for services and time required to set up a property. This could involve photography, staging, meetings and initial preparation prior new guests and a first booking.

22/ Unique Holiday Stays Liability

Unique Holiday Stays do not exclude or limit in any way our liability to Customers where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of Unique Holiday Stays employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of a Customer’s legal rights in relation to the Booking and Rental Contract including the right to receive services supplied with reasonable skill and care.

To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Booking, whether express, implied, oral or written. In particular, Unique Holiday Stays do not make any promises about:

The availability of the Booking or the Website or that they will be provided uninterrupted or error or virus-free;

Errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the this Website; or

The quality, suitability or performance of the Rental Contract, the Property or the Owner. The Customer understands that Unique Holiday Stays may not have conducted any checks on Owners or  Properties and the inclusion or offering for sale of a Rental Contract does not constitute an express or implied endorsement or recommendation by Unique Holiday Stays of such services.

Unique Holiday Stays do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the Rental Contract offered for sale through this Website. Unique Holiday Stays shall not be liable for any damages arising as a result of any inaccurate information or errors on our Website which relate to information about Property or Booking Services.

Unique Holiday Stays shall not be liable to any Customer for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or Events Outside Control.

Unique Holiday Stays do not authorise anyone to make any promises on our behalf.

Unique Holiday Stays will not be responsible or liable:

For Owners’ performance of their obligations under any Rental Contracts with Customers or any actions and/or omissions by them (or their nominated representatives) in relation to the Property or Rental Contract that a Customer books using Unique Holiday Stays Booking Services.

 

23/ Liability  

Nothing in these Conditions excludes or limits the liability of Owners or Unique Holiday Stays for the following:

Death or personal injury caused by Owner or Unique Holidays Stays’ negligence; or

Any matter which it would be illegal for Unique Holiday Stays or the Owners to exclude or attempt to exclude their liability.

Unique Holiday Stays, it’s staff and Owners shall not be liable to a Customer or Guest for loss or damage to their property, howsoever arising.

Guests must take all necessary steps to safeguard themselves and their property.

If the Owner fails to comply with these terms and conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these terms and conditions or their negligence.

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 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.

 

24/ Property Non-Availability & Events Beyond Control

The Owner and Unique Holiday Stays will not be held liable or responsible for any failure to perform or delay in performance of, any of their obligations in these conditions that is caused by an Event Outside Control.

If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control.

Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded

 

25/ Complaints And Complaint Procedure

Every effort is made by the Owner and Unique Holiday Stays to ensure that every Customer and Guest have an enjoyable stay. However where Customers or Guests have any problem or cause for complaint it is essential that you contact Unique Holiday Stays in the first instance.

All complaints must be notified to Unique Holiday Stays by text, telephone or email as soon as reasonably practicable.

Unique Holiday Stays may be required to carry out an immediate investigation of the Property and if necessary, request the Owner to take remedial action.

All Customers have a legal obligation to mitigate their loss. And the Customer agrees that Unique Holiday Stays and the Owner shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues both during or after the Rental Period.

Where an issue or complaint arising from the Rental Contract cannot be resolved satisfactorily, by Unique Holiday Stays, Customers and Owners will be encouraged to participate in Alternative Dispute Resolution.

 

26/ Breach Of Contract

If there is a substantial breach of any of these terms and conditions by the Customer or any of their Guests, the Owner or Unique Holiday Stays reserve the right to re-enter the Property and terminate the Rental Contract that exists in relation to the Property, and may recover possession of the Property.

If there is a substantial breach of any of these terms and conditions by Unique Holiday Stays or the Owner, then the Customer has the right to terminate the Rental Contract that exists in relation to the Property, and may leave the Property.

Ending the Rental Contract by either Unique Holiday Stays, the Owner or the Customer does not affect that party’s rights and remedies.

Should an owner request cancellation of any confirmed bookings or we feel we have no option to cancel through failure of an owner to communicate a penalty charge will be enforced. With more than 6 weeks to arrival the penalty is 25% of the booking value. With less than 6 weeks to arrival the penalty is 45% together with the cost of re-locating the customer to a new property.

 

27/ Your Rights

Unique Holiday Stays and Owners are under a legal duty to supply services that are in conformity with our respective contracts with Customers.

Customers have certain legal rights as a consumer enshrined in UK law and nothing in these Booking Terms and Conditions affects your legal rights.

For further information about your legal rights in relation to the services that Unique Holiday Stays and Property Owners provide, visit or contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

28/ Customer Right To Terminate A Rental Contract

Customers may immediately terminate a Rental Contract:

If Unique Holiday Stays or an Owner communicate to the Customer an error in the charges or Booking, or a significant error in the description of the Rental Contract relating to a Customer Booking and the Customer provides written notification to Unique Holiday Stays to terminate the Rental Contract.

If Unique Holiday Stays notify the Customer about an amendment to the Rental Fees due to changes in the applicable exchange rate, and the Customer provides written notification to Unique Holiday Stays stating that termination.

Nothing in this condition affects or reduces the Customer legal rights as a consumer (in condition 27).

 

29/ Owner Right To Terminate A Rental Contract

An Owner may immediately terminate their Rental Contract with you if:

The Customer or Guests do not comply with the obligations set out in condition 19;

The Customer or Guests do not comply with the applicable rules on pets in accordance with condition 15;

Circumstances or Events Outside Control and the Owner’s reasonable control prevent or are likely to prevent a Customer or Guests from staying at the Property for the Rental Period, or the Owner from complying with any other of their obligations (condition 21) under the Rental Contract.

 

30/ Consequences Of Terminating The Rental Contract

If a Customer terminates the Rental Contract for the reasons mentioned in condition 28, Unique Holiday Stays will refund the Booking Fee, Booking Deposit and any other associated Rental Fees within 14 days of the date that the Customer notifies Unique Holiday Stays of intention to terminate the Rental Contract.

Should the Rental Contract terminate during the Rental Period, the Customer must:

Leave the Property together with all Guests as soon as possible;

Notify the Owner or Unique Holiday Stays that all Customer(s) and Guest(s) have vacated the Property, confirming the reasons for leaving the Property; and

Return all keys to the location instructed by the Owner.

Nothing in this condition (30) affects your legal rights as a consumer (see condition 27).

 

31/ Personal Data

The Owner will use the personal information you provide:

to verify the identity of the Customer and Guests who will be occupying the Property.

The Owner may pass your information to Unique Holiday Stays and other third party service providers (acting as the Owner’s agent) for the purpose of supplying the Property to you.

Unique Holiday Stays also obtain your personal information in the course of the Booking and Rental Contract.

Unique Holiday Stays may contact you by electronic means (email or text) with relevant information, offers and similar properties. If you do not want Unique Holiday Stays to use your data in this way, you can opt out at any time by contacting Unique Holiday Stays.

Unique Holiday Stays may also contact you by postal means with marketing materials. If you do not want your data used in this way, you can opt out at any time by contacting Unique Holiday Stays.

Unique Holiday Stays may retain your information for the period necessary to fulfil the purposes for which it was first collected, unless a longer retention period is required or permitted by law.

 

32/ Authority to sign

The Customer who completes and submits the booking warrants that they are authorised to accept these terms and conditions on behalf of the Guests, including those Guests substituted or added at a later date

The Customer agrees that they are over eighteen years of age; and

They agree to take responsibility for the Guests occupying the Property, and to notify Unique Holiday Stays if they are not a Guest for the Property during the Rental Period.

 

33/ Priority

If there is any ambiguity or inconsistency in or between these terms and conditions and the information on the Website, these terms and conditions shall supersede.

 

34/ Previous Websites and Conditions 

The Website and these terms and conditions replace and supersede all previous Websites and terms and conditions.

 

35/ Validity Clause

In the event that a court finds that a condition (or part of a condition) in these terms and conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.

 

36/ Third Party Rights 

The Owner and Customer 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.

 

37/ Governing Law And Jurisdiction

The contract between the Owner and the Customer shall be governed by the laws of England and Wales.

In the majority of cases:

Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).

For Property and Customers outside of this jurisdiction:

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.

 

38/ Miscellaneous Conditions  

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.

 

39/ Changes To Terms And Conditions 

Unique Holiday Stays may make changes to these Booking terms and conditions at any time by sending the Customer an email with the modified Booking conditions or by posting an updated version of them on the Website.

Any changes will take effect 7 days after the date of the email or the date on which updated version are uploaded to the Website, whichever is the earlier.

Customers continuing to use the Website after that period has expired, accept any such changes.

The updated Booking terms and conditions will not apply to any Booking that Unique Holiday Stays confirm with a Customer before the date that the updated Booking terms and conditions come into effect.

No representative, agent or sales person has the authority to vary, amend or waive any of these Booking terms and conditions.

No amendment, variation or waiver of any of these Booking terms and conditions will be valid or have any effect unless accepted by Unique Holiday Stays in writing.