Reservations of all accommodation whether made by telephone, in person, in writing or from the internet are accepted by Marsdens Devon Cottages, hereinafter referred to as MDC, on the following conditions:
1. CONTRACT OF HIRE - The hiring contract will be between you the Hirer and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire and governed by English Law. MDC act as Agents for owners, and are not Principals. The Contract of Hire is not effective until MDC despatch to the Hirer written confirmation of the booking. The contract is for the hire of the property for holiday purposes only. We do not accept bookings from Hirers under 18 years of age.
2. INITIAL PAYMENT - Bookings will be confirmed upon receipt by MDC of the required deposit payment of one third of the total holiday cost, comprising cottage rental, booking fee and any additional charges e.g. pets. If the booking is made within eight weeks of the holiday commencement date, the full accommodation rental will be required at the time of booking. Deposits can be paid by card or cheque, or in the case of web bookings, paid online through our secure payment system.
3. BALANCE PAYMENT - The Balance of the Hire will be due for payment eight weeks before the holiday commencement date. On receipt of the Balance Payment, advice of key collection arrangements and directions to the property will be sent to the Hirer. The Owner/MDC reserves the right to cancel a holiday where full payment has not been received less than 28 days before the holiday commencement date. The deposit paid on the booking is non-returnable.
4. METHOD OF PAYMENT - Cheques should be made payable to Marsdens Devon Cottages. Credit Card payments are subject to a surcharge of 2.25%. There is no charge for Debit Card payments.
5. VALUE ADDED TAX - Where VAT applies to the property rental, it is included in the quoted price at the prevailing rate. MDC´s Confirmation of Booking is not a VAT invoice. All MDC charges and VAT inclusive rentals include VAT at the prevailing rate and are subject to change if the rate changes.
6. CONFIRMATION OF BOOKING - Once MDC has issued a Confirmation of Booking, the Hirer is responsible for the total published price of the property and extras as shown on the confirmation. Amendments to bookings, where applicable, will be subject to an administration fee of £50. The Agents reserve the right to adjust prices quoted in the brochure, on our website or on details to properties, due to errors or omissions or changes in VAT.
7. BOOKING CANCELLATION - The Cancellation/Curtailment Protection Scheme does not extend to overseas bookings and these visitors are advised to make their own alternative arrangements to ensure cover.
If you are forced to cancel your holiday you must inform MDC immediately see Cancellation/Curtailment Protection Scheme for details of how to make a claim. In all cases of cancellation where the reason for cancellation is not covered by the Cancellation Protection Scheme, the deposit is forfeited. Our Cancellation Protection Scheme is automatically arranged for you and is included in the cost of your holiday. This protects you for all or part of your responsibility for the balance of hire terms and/or deposit if you cancel for one of the qualifying reasons. If you have to cancel your holiday due to any of the reasons shown we will refund up to the cottage holiday rental you are liable to pay, less the booking fee and a handling charge of £60.
A cancellation made for reasons outside those listed is not protected in this way, and you will remain liable for full payment unless we are able to re-let all or part of the period booked, in which case MDC will consider a refund, less the Booking Fee (if applicable) and less a handling charge of £90. It is possible to opt out of our Cancellation Protection Scheme, but there is no monetary value to the Hirer and the hire charge will be payable in full.
8. BOOKING FEE - MDC charges a booking fee of £26 for your first booking in any calendar year, payable at the time of booking. Additional bookings with the same customer reference where the cottage hire period starts in the same calendar year (1st January to 31st December) will not attract a booking fee.
9. AMENITIES - The use of accommodation and amenities, where offered, such as swimming pools, rowing boats, beach huts etc, is entirely at the users´ risk, and no responsibility can be accepted for injury, or loss or damage to users´ or visitors´ belongings. However, MDC do not seek to exclude or limit legal liability for the negligence of their servants or agents.
10. PARTY NUMBERS - In no circumstances may more than the maximum number of persons as stated in the brochure or website occupy a property. Owners reserve the right to refuse admittance if this condition is not observed. Only those listed on the booking may occupy the premises. The person who completes the booking, i.e. the lead name, certifies that he or she is authorised to agree to the Booking Conditions on behalf of all members of the party, including any changes. The lead name must be over 18 years and a member of the party occupying the property. The lead name agrees to take responsibility for all members of the party. The Owner/MDC reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.
11. YOUR RESPONSIBILITIES - For the whole of the period included within your booking, you will be responsible for the property and will be expected to take all reasonable care of it. The property details aim to give accurate descriptions of the properties. Should there be any specific health or mobility difficulties which may affect a party member, this must be pointed out at the initial reservation stage so that the suitability of the property can be assessed. The property and all equipment and utensils must be left clean and tidy at the end of the hire period. At no time should a pet be left alone unsupervised at the property. The property must be vacated by 10.00am on the day of departure.
12. DAMAGE - All damages and breakages are the legal responsibility of you, the Hirer, and should be notified to the Owner or key holder before the end of your holiday. The cost of damage or breakages shall be payable on demand. Normally, minor damage or breakages will not be charged but in circumstances where extra cleaning is required or there has been breakage or damage beyond what is reasonably to be expected, the Owner/MDC reserve the right to charge you for any additional costs incurred as a consequence and may, at their discretion, refuse further bookings.
A security deposit of £30 per party member (refundable within 21 days of the holiday completion date) is obligatory - unless paying a £5 per person waiver, for which the Agents will indemnify holidaymakers against property damage up to a maximum value of £100 per property only. Either payment must be made at the time of the Final Payment (see section 3 for details).
Should you find on arrival any damaged or non-working items, they must be reported to the Owner or key holder immediately, so that matters can be rectified. The Owner/MDC has the right to enter the property (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out). Any Damages/Security Deposits charged by the Owner and administered by the Owner themselves or by MDC will be cashed on receipt to allow for bank clearance and reimbursed promptly after the holiday (less any penalties which may be incurred). MDC reserves the right to request payment of a security deposit should it be deemed necessary by the Owner. The Owner/MDC reserves the right to repossess the Holiday Home at any time, where you or any member of your party has caused damage. The Owner/MDC shall not be liable to make a refund of any remaining portion of the hire terms paid.
13. COMPLAINT PROCEDURE - If you are dissatisfied with the service you receive, the Owner or key holder must be notified immediately, so that an investigation can be carried out and any necessary action taken. You should also contact us immediately with all relevant information so we can assess and process the complaint.
14. LITERATURE - MDC takes every care to ensure the accuracy of the property descriptions. All information in our cottage brochure and on our website is given in good faith and is believed to be correct at the time of going to press, but MDC cannot be held responsible for changes beyond their control, which may become known after publication of this literature. In addition, whilst we describe properties as non-smoking or no pets, this cannot be guaranteed. The description of a cottage shows what amenities that property has but generally does not state what is not in the property. Please be aware that if a property is advertised as having an enclosed garden, this does not necessarily mean a secure garden. It may be enclosed by hedging or open style fencing. Further, MDC cannot accept liability for happenings outside their reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, damage resulting from exceptional weather conditions or the Owner´s negligence resulting in loss, injury or accident.
15. LEGAL - In the event of any dispute between parties it shall be governed by the jurisdiction of the English courts only and any actions shall be heard in the court for the area in which the property is located unless otherwise agreed between the parties. However, it is hereby agreed and declared that all reasonable endeavours will be used to resolve the dispute arising between you and the Owner and/or MDC without immediate recourse to litigation. If not mutually resolved, it is further agreed that all reasonable endeavours will be used to resolve the dispute by a formally recognised alternative dispute resolution process i.e. mediation, arbitration or expert determination. In default of such agreement, the process and appointment of the independent professional will be determined by the President for the time being of the Law Society or the Chartered Institute of Arbitrators. In either case, all parties will contribute equally to the expense of such process, and, in default these expenses shall be capable of being recovered in any subsequent litigation.
16. AVAILABILITY - The Hiring Contract is made on the understanding that the property and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of the Owner/MDC, then the Owner/MDC may be forced to cancel the booking. The Hirer will be advised as early as possible. Where possible, the Hirer will be offered suitable alternative accommodation, which, if not acceptable, will entitle the Hirer to a refund of all monies due. The Hirer will not as a result have any further claims against MDC or the Owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you and accepted a payment.
These Booking Conditions supersede all previous issues.