Booking Conditions
In these booking conditions, 'you' and 'your' means all people named on the booking form (including anyone who is added or replaced at a later date). 'We', 'us' and 'our' means Awaze Vacation Rentals Ltd of Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA.
“Overseas” means any booking outside the UK’
cottages.com is a trading name of Awaze Vacation Rentals Ltd.
Before booking through us, please read these booking conditions carefully and all the other information relevant to your booking, including:
- the property rental conditions (which means all information in any specific conditions or restrictions set out in the brochure or website description of your chosen properties);
- the Important Information section of the brochure, the website or other publication we tell you about; and
- any other written information we brought to your attention prior to confirming your booking.
We arrange bookings of properties and travel arrangements either as:
- agent of the owner of the property;
- agent for Novasol A/S, a company which acts as agent for owners of properties in France and Italy;
- agent for transportation companies and any other service providers mentioned in this brochure or website (service provider).
When you book a property either with us acting as agents for the owner or as agent for Novasol A/S as set out above, or arrange any travel or other services through us, you are entering directly into a contract with the owner or the service provider (whichever applies) and we may charge a fee for arranging your booking (booking fee).
With the exception of package holiday bookings, as we act as agents when taking your booking, we accept no legal responsibility for any contract you enter into for the property or travel arrangements or for the acts or failure to act of any owner or supplier or other person connected with your booking. Your contract will be with the supplier of the arrangements. When making your booking we will arrange for you to enter into a contract with the applicable supplier. Your booking with us is subject to these booking conditions and the specific terms and conditions of the supplier you contract with.
All properties on our website and in our brochures are offered by the owners for the sole purpose of holiday lettings, unless expressly agreed otherwise in writing by the owner and us. Accordingly you agree that your booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights to the property other than the right to occupy the property as holiday accommodation for the period of your booking. No booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977, or any similar legislation that applies in Scotland and Northern Ireland.
Important information - ferry and Eurotunnel bookings
If you book arrangements with us which include a property plus a ferry or
Eurotunnel crossing, we will class this as a package holiday booking. In
these cases we will accept responsibility for the arrangements in line with
these booking conditions as an ‘organiser’ under the Package Travel and
Linked Travel Arrangements Regulations 2018. If you have booked a package
holiday with us, then please also read section B of these booking
conditions. Clauses 7b, 7c, 10 and 17 of section A do not apply to your
booking.
Please also note that Clauses 7b and 7c of Section A do not apply to any overseas bookings. Clause 6 in Section B applies to all overseas bookings and to all package holiday bookings which include Eurotunnel or ferry crossings.
Section A
1 Making your booking
All bookings depend on the property and other arrangements being available.
You, as the person in charge of the party (“the party leader”), must be at
least 18 years old at the time of booking. All other members of the party
must authorise you to make the booking on the basis of these booking
conditions. By making the booking, you confirm that you are authorised to
make the booking and that all other members of the party agree that the
booking will be governed by these booking conditions. You, as the party
leader, are responsible for making all payments due to us.
As long as the property is available and we have received all the relevant payments from you, we will give you written confirmation (see below) as soon as reasonably possible. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking. Your binding contract with the owner will begin when we issue you with the written confirmation on behalf of the owner. For bookings made within 14 days of the departure date, you will have a binding contract with the owner when we give written confirmation of your booking to you or your travel agent and you have made the appropriate payments to us or your travel agent. If we pay the deposit into our bank account, it will not mean we have accepted a booking unless we have issued you with written confirmation. Please do not make any other travel arrangements (such as flights) until we have issued you with a written confirmation. We will give you your written confirmation either by post or by email. If you book with us online, we will acknowledge that we have received your booking and then send you confirmation by email. If you book by post or phone, we will send your confirmation to you by post unless you tell us at the time of booking that you would prefer it to be provided by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We, on behalf of the owner, Novasol A/S or service provider (whichever applies), have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the owner or other service provider (if any) will have any legal responsibility to you.
As soon as you receive your confirmation, you must check the details carefully. If anything is not correct, you should tell us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us. If you book through a travel agent, we will send your confirmation and all other documents to your travel agent.
Where we offer the option of a provisional telephone booking, the property will be released for general sale after the agreed time period unless you fully confirm the booking.
Even if we have sent a written confirmation, we on behalf of the owner, Novasol A/S or service provider, have the right to cancel a booking where there are reasonable grounds to believe that (i) it is not legitimate (ii) you are likely to breach any of our booking conditions (iii) information supplied by you in relation to your booking is incorrect (iv) you have behaved in a vexatious, abusive or unlawful manner to owners, suppliers or to our staff. If we cancel your booking, we will tell you in writing and neither we nor the owner, Novasol A/S or service provider will have any legal responsibility to you.
2 Payment
When you book, you must pay the deposit amount then due plus any applicable
booking fee by debit or credit card, or by sending us a cheque. We only
accept payment in pounds sterling. We must then receive the rest of the
money owed no less than 10 weeks before the start of your stay. We will
automatically collect the balance owed on the card that you used to pay the
deposit, unless you settle the amount owed before that date or unless you
tell us otherwise, however, if you book less than 10 weeks before the start
of your stay we must receive full payment of the total cost of your booking
(including any insurance premiums) when you make the booking. For any
arrangements booked less than two weeks before the start of your stay, you
must pay for the booking in full by debit or credit card, or by bank
transfer, at the time of booking.
If you do not pay any payment due in relation to your booking by the appropriate date we, on behalf of the owner, Novasol A/S or service provider, are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of either Section A, clause 7b or Section B, clause 6 will apply, as applicable. You may also need to pay additional charges. Please see section A, clause 7b or Section B, clause 6 as appropriate.
There is no charge for debit or credit card payments. If your bank refuses to make your payment for any reason, we are entitled to make an administration charge of £31.
Please note that we act as an agent and that other than any booking fee (which we may charge ourselves for the services we provide in administering your booking) all charges (including cancellation charges) and refunds are made for and on behalf of the owner, Novasol A/S or the service provider as appropriate.
Except where otherwise advised or stated in, all monies you pay to us for the arrangements (except for insurance premiums, bookings fees and our commission) will be held by us on behalf of the owner, Novasol A/S or service provider and forwarded on to them in accordance with our agreement with them.
3 Pricing
We keep the prices charged by the owner or service provider under constant
review and the prices of unsold arrangements may be increased or reduced at
any time. We may also correct mistakes in the pricing of unsold
arrangements at any time. We will confirm the price of your booking when
you make it. As changes and mistakes can happen, you must check the price
and all other details of your chosen arrangements at the time of booking.
All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made. You may be required to pay any additional taxes that arise after your booking has been confirmed.
We can pass on to you, in full, after we have confirmed your booking, all costs or charges the owner or service provider makes to us which are connected with your booking, including any price increases due to changes in the exchange rates of currency.
All accommodation prices are for the property as a whole and are not on a per person basis, except when an extra person charge applies.
We can charge a booking fee for the services we provide in administering your booking. Any booking fee will be stated in our brochure and on our website and will be shown as a separate charge on your confirmation.
4 Offers with a low deposit
Occasionally we make offers giving you the chance to book properties with
either no deposit, or a deposit which is lower than usual. We will give you
details of any extra terms that may apply to the offer before, or when, you
make your booking. You should read these extra terms with these booking
conditions as both apply to your booking. If you book a property with
either no deposit or one which is lower than usual, you also agree to pay
the difference between the amount paid and the usual deposit (see table
below), plus any booking fee, ferry or Eurotunnel charges, the cost of any
other travel arrangements included in your booking and any travel insurance
premiums due, either at the time the balance of your booking is due or, if
you cancel, at the time you cancel the booking. If you cancel, you must
also pay all other cancellation charges which may apply. Please see section
7 for details on cancellations. You will still have to pay any travel
insurance premiums at the time of booking if this is something you have
chosen.
We can decide to extend or withdraw any offer at any time, should we wish
to do so.
Accommodation Cost |
Usual Deposit Payment* – booking made on or after 18 December 2017 |
£0 to £200 |
£75 |
£201 to £350 |
£100 |
£351 to £500 |
£125 |
£501 to £750 |
£200 |
£751 to £1000 |
£250 |
£1001 to £1500 |
£300 |
£1501 to £2000 |
£350 |
£2001 to £2500 |
£400 |
£2501 and above |
£450 |
Accommodation Cost |
Usual Deposit Payment – booking made before 18 December 2017 |
£0 to £199 |
£70 |
£200 to £299 |
£110 |
£300 to £399 |
£140 |
£400 to £499 |
£170 |
£500 to £749 |
£250 |
£750 to £999 |
£290 |
£1000 to £1499 |
£390 |
£1500 and above |
£490 |
*For some bookings we may require a higher deposit amount. The exact deposit amount will be notified to you at the time of booking.
5 Brochure and website details
We aim to make sure that the information provided by owners, Novasol A/S
and service providers is presented accurately on our website, in brochures
and other promotional literature or material we produce and provide. It is
intended to present a general idea of the arrangements. Not all details of
the relevant facilities can be included on our website. Furthermore, there
may be small differences between the actual property/arrangements and its
description. This is usually because the owners/service providers are
always aiming to improve services and facilities. Occasionally, problems
mean that some facilities or services are not available or may be
restricted. If this happens, we will tell you as soon as reasonably
practical after we become aware of the situation. We cannot accept
responsibility for any changes or closures to local services or attractions
mentioned in the brochure or on our website, by our advisers or advertised
elsewhere. We make reasonable efforts to make sure that information we give
you about your property and its facilities or services, as well as
advertised travel and other services, is accurate and complete on the date
given. We cannot accept responsibility for any inaccurate, incomplete or
misleading information about any property/arrangements or its facilities
and services, unless this was caused by our negligence.
Where Wi-Fi is an advertised facility, please note that its provision is
subject to availability and network conditions. It may not be available 24
hours a day and is provided for pleasure not for business purposes.
Bookings are not accepted if they are wholly reliant on the uninterrupted,
unlimited provision of Wi-Fi.
6 ABTA membership
We are a member of ABTA, membership number Y0662 (Accommodation only sales)
and L4801 (Packaged holiday sales). Please see section B, clause 2 for
details of where financial protection applies to package holiday bookings
if we become insolvent. We are obliged to maintain a high standard of
service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s
scheme for the resolution of disputes which is approved by the Chartered
Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use
ABTA’s simple procedure. Further information on the Code and ABTA’s
assistance in resolving disputes can be found on www.abta.com. You can
also access the European Commission Online Dispute (ODR) Resolution
platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a
means of registering your complaint with us; it will not determine how your
complaint should be resolved.
7 If you change or cancel your booking
a) Changes
If you want to change any detail of your confirmed booking, we will do our
best to make the changes. However, we must receive your notice in writing
by post or email. We may agree to accept notice over the telephone, but
this should be arranged with us first. Also, we cannot guarantee that the
owner or service provider concerned will be able to meet your request.
Changes can only be accepted in accordance with the owner/service
provider’s terms and conditions. You may be asked to pay us an
administration charge of £31 for each change or £53 for each change if we
have already issued your travel documents. Plus, where the owner/service
provider can meet your change request, you will have to pay any costs
incurred by them in facilitating this change for you, which will be charged
at the current brochure or website price, which may be different from the
price in the brochure or website from which you booked your chosen
arrangements. Some owners/service providers may treat changes to your dates
or property as a cancellation of the original booking and so you will have
to pay cancellation charges.
b) Full cancellations (This does not apply to
ferry/Eurotunnel-inclusive packages or to any overseas bookings - see
section B, clause B6 instead)
If you have to, or want to, cancel your booking after it has been
confirmed, you must phone us on the number shown on your booking
confirmation as soon as possible. The day we receive your notice by phone
to cancel is the date on which we will cancel your booking with the owner.
Depending on your reason for cancellation, you may receive a refund of all
money you have paid to us for your booking (apart from booking fees and, if
it applies, the premium for any personal travel insurance you have arranged
with us, any amendment charges, and credit-card charges you have already
paid). We will also charge a cancellation administration fee of £53 for
each week or part of a week per booking.
The conditions for getting a refund referred to above only apply if the cancellation applies to all members of your party. All prices are for the whole property and not on a per person basis.
Under your contract with the owner, to qualify for a refund you must have one of the following reasons and you may be asked to send evidence:
· Illness or pregnancy (we will need to see medical evidence that you or a member of the party is unfit to travel). We will not cover pregnancy if the relevant person was pregnant before the booking was made. And we will not make a refund if the woman is due to give birth within 14 weeks of the arrival date home
- Death.
- Redundancy (as long as the employment has been a continuous with the same employer for at least two years).
- Jury or witness service (in a court of law).
- Illness or death of a close relative (a close relative is defined as a husband, wife, civil partner, son or daughter, son or daughter-in-law, parent, mother-in-law or father-in-law, grandparent, sister or brother or fiancé or fiancée).
- Your home is damaged and cannot be lived in because of fire, storm, flood, subsidence or malicious damage.
- The police have asked you to stay at home, following a burglary at your home or place of business, during the period of your holiday or within the seven days before this.
- You are in HM Forces and are posted unexpectedly or have leave cancelled if you are in the police (unless you can recover the cost of the lost booking from another source) or
- You are placed in quarantine.
Please note that all of the above reasons must have arisen after you made your booking and must not have been within your knowledge at the time of your booking. This particularly applies to pre-existing illness.
You may also receive a full refund from the owner if you cannot reach your destination due to snow or flood conditions or as a result of being involved in an accident while on the way there (This only applies if you have made every effort to try and complete your journey. You will need to produce evidence to us from the police or Highways Agency). Although a refund is available in these circumstances, you may prefer to delay your arrival. In these cases, we will give you a 15% refund for each 24-hour delay (up to 72 hours maximum = 45%). For short breaks, we will give you a fixed refund of 45 % for all arrivals delayed for more than 24 hours.
We will ask you to fill in a booking cancellation form which may need signing by a medical practitioner or employer. In this case we may also need you to give us more information/evidence from other people (we will tell you at the time).
The following reasons for cancellation do not qualify for a refund as set out above:.
- Suicide or attempted suicide;
- deliberate self-injury;
- the effect of alcohol or drugs;
- or any other reason which is not specifically referred to above.
If the reason for cancellation does not fall within one of those given above, for example, you do not want to travel, your leave is cancelled by your employer (other than HM Forces or the police) and so on, you will have to pay a cancellation charge based on the number of days before the arrival date at the property that we receive notice, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not paid your total booking cost, including any booking fee and the premiums for any insurance (if you have bought this) by the time of your cancellation, you may have to make a further payment to cover the cancellation charge.
For the purpose of the table below, total cost means the total cost of the accommodation booking, including any extra items. You will still have to pay any insurance premiums, booking fees, credit-card charges and administration fees for making any changes. If you have already paid insurance premiums, booking fees, credit-card charges and administration fees, we will not refund these if you cancel.
If you have already paid insurance premiums, booking fees, credit-card charges and administration fees, we will not refund these if you cancel.
Cancellation charges
Number of days before the start date of your trip that we receive your notice to cancel (or on which you are deemed to have cancelled) |
Cancellation charge (plus all booking fees, any insurance premiums or administration fees you owe) |
More than 70 days |
Full deposit (including any balance of the deposit due) |
43 to 70 days |
50% of the total cost or full deposit (including any balance of deposit due), whichever is greater. |
29 to 42 days |
75% of total cost |
8 to 28 days |
90% of total cost |
7 days or less |
100% of Total cost |
If you live outside the UK and have booked through a local agent, the term ‘total cost’ in the above cancellation charges table means the amount paid by your local agent to us after taking off any booking fees, insurance premiums and any administration charge paid to us for making any change. To avoid any doubt, total cost does not include any charges made by your local agent or anyone else for booking fees, flights other travel services or any other amounts not paid to us. Other service providers may charge higher cancellation charges.
c) Cutting short your stay (UK only)
You can also get a refund as set out above if you show that your stay in
the UK is cut short for any of the reasons set out in b above. In this
case, we will refund the appropriate percentage of the cost of your stay.
This only applies if everyone from your party leaves the property. If your
stay is cut short for medical reasons affecting any person in your party,
you will need to produce a certificate from a local doctor, confirming that
they needed to return home.
d) Part cancellations
If only one person in your party needs to cancel, this will not normally
affect the total cost of your booking unless you cancel any travel
arrangements or extra services which are charged on a ‘per person’ basis.
In these instances, the owner may provide a refund of any per person
charges remaining after taking off any applicable cancellation charges. If
you need to cancel all or part of your trip, you must return all travel
tickets or vouchers (for example, for ferries).
8 Cancellations or changes by the owner or service providers
The owners, Novasol A/S and service providers do not expect to have to make
any changes to your booking. However, sometimes problems happen and
bookings have to be changed or cancelled or mistakes in brochures or other
details corrected. Owners, Novasol A/S and service providers have the right
to do so. If they do, we, on their behalf, will contact you (by phone if
reasonably possible in the case of a significant change or cancellation –
we will let you know about minor changes by post) as soon as is reasonably
practical. We will explain what has happened and let you know about the
cancellation or change. However, we will have no further liability to you.
9 Events beyond our control
Unless we say otherwise in these booking conditions, unfortunately we or
the owner, Novasol A/S or service provider will not be legally responsible
either jointly or individually for any compensation if we or they are
prevented from carrying out our responsibilities under this contract as a
result of events beyond our control. This means an event we or they could
not, even with all due care, avoid, including:
- strike, lock-out or labour dispute;
- natural disaster;
- acts of terrorism, war, riot or civil commotion;
- malicious damage;
- keeping to any law or governmental order, rule, regulation or direction, including advice from the foreign office to avoid or leave a country;
- accident;
- breakdown of equipment or machinery;
- insolvency or bankruptcy of an owner or service provider;
- fire, flood, snow or storm;
- difficulty or increased cost in getting workers, goods or transport; and
- other circumstances affecting the supply of goods or services.
10 Our legal responsibilities to you (This does not apply to ferry and
Eurotunnel inclusive bookings, see section B, clause 4 below.)
As we act only as agents for the owner, Novasol A/S or service provider, we
cannot accept any legal responsibility for any act or neglect on their part
or of anyone representing or employed by them. And we cannot accept any
liability for any problems or faults with or in any property or travel
arrangements as all properties and travel arrangements are only controlled
by the owners. Your contract is either with the owner, Novasol A/S and/or
the service provider and is governed by their terms and conditions, which
may contain other limits on their legal responsibility. Our
responsibilities to you are limited to making the booking in accordance
with your instructions. We accept no responsibility for any information
about the arrangements that we pass on to you in good faith. If you have
any complaints about any services we provide e.g. our booking service (as
opposed to the arrangements provided by the owner, Novasol A/S or service
provider), you must let us know immediately in writing and in any event
within seven days of the end of any arrangements booked through us.
Unfortunately, we cannot accept any legal responsibility if you do not let
us know. If we are found to be at fault in relation to any service we
provide (as opposed to any service provided by the owner, Novasol A/S or
service provider for whom we are not responsible), we will not pay more
than the commission we have earned for the booking (or the appropriate
proportion of this if not everyone on the booking is affected), plus any
reasonable expenses you cannot recover from elsewhere. We do not exclude or
limit what we will be legally responsible for if death or personal injury
is caused as a result of our negligence or that of our employees whilst
acting in their course of their employment, or for any criminal act we may
commit.
Neither we nor the owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner’s control. If we know about a problem before you arrive, we will contact you to let you know.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming-pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
11 Owners and service providers' terms and conditions
The services which make up your holiday are provided by people, firms,
companies and other organisations which are totally independent of us and
for whom we act as agents. These service providers and owners provide
services in line with their own terms and conditions. Some of these terms
and conditions may limit or exclude their liability to you, usually in line
with international conventions which apply (for example, the Athens
Convention for international travel by sea). The terms and conditions are
available from the suppliers if you ask.
12 Insurance
This section does not apply to bookings which take place entirely in
the UK where insurance is optional.
We recommend that you take out enough travel insurance to cover you for
your total stay. You will find details of the UK Personal Travel Insurance
policy we offer in our brochure and on our website.
For all overseas bookings, we consider it essential that you arrange enough travel insurance for your trip. Details of the Personal Travel Insurance policy we offer are shown in our brochures and on our website. If you decide not to buy this insurance, you must take out other personal travel insurance that provides equivalent or better cover to the policy we offer. We can ask you to provide alternative policy details. We do not check insurance policies to make sure they are suitable and this remains your responsibility. You are responsible for covering us if we suffer any losses or expenses arising out of your failure to take out proper insurance cover. We strongly advise you to take out insurance which will cover any damage which may happen to property which belongs to other people and which may get damaged.
If you are booking more than 10 weeks before your departure date and you have chosen to purchase the personal travel insurance we offer, we will assume your deposit payment includes the relevant premiums for the personal travel insurance purchased unless you tell us otherwise. For bookings made within 10 weeks of the departure date, if you choose to buy the Personal Travel Insurance we offer, you must pay us the premiums in full at the time of booking as cover will not apply until then. We can refuse or cancel a booking if you do not have personal travel insurance cover that matches or is better than that provided by the insurance we offer. We will treat any cancellation for this reason as a cancellation by you and you will have to pay the cancellation charges set out in clause 7 above. Please read your policy details carefully and take them with you on holiday. It is your responsibility to make sure that the insurance cover you buy is enough for your needs.
13 Disabilities and medical problems
If you or any member of your party has any medical problem or disability
that may affect your booking, please tell us before you confirm your
booking and give us full details in writing as early as possible before you
travel. If the owner, Novasol A/S or service provider reasonably feels
unable to properly meet that person’s particular needs, we can refuse or
cancel the reservation.
14 Your property
The owner has set the following conditions on your stay at the property:
Arrival and departure- You can arrive at your property at any time after
4pm (unless we tell you otherwise, for example on your confirmation) on the
start date of your rental period. You must leave by 10am on the last day.
If your arrival will be delayed beyond 8pm on the start date of your rental
period, you must contact the person whose details are given in the location
guide. If you fail to do so, you may not be able to get into the property.
If you fail to arrive by 12 noon on the day after the start date of your
rental period and you do not let the person whose details are given on the
location guide know you are arriving late, we on behalf of the owner may
treat your booking as having been cancelled by you. In this situation, we
will not refund any money you have paid.
Security deposits - Some owners require payment of a security deposit. If this applies to your chosen property, this is a direct arrangement between you and the owner, which we may or may not administer on behalf of the owner. The amount and details of how the payment should be made and how and when it will be returned (less any costs for breakages, damages etc. if applicable) will be provided at the time of booking.
Behaviour - You and all members of your party agree:
- to keep the property clean and tidy;
- to leave the property in a similar condition as you found it when you arrived;
- to behave in a way at all times while at the property which does not break any law;
- not to use the property for any illegal or commercial purpose;
- not to sublet the property or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the owner as a member of your party;
- Not to behave in anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others.
Maximum occupancy - You also must not allow more people than the brochure states to stay overnight in the property. You cannot arrange for visitors to the property without the advance consent of the owner. You cannot significantly change the number of adults or children during your stay. (For example, if you book for two adults and two children, you cannot arrive with four adults and no children.) You must not hold events (such as parties, celebrations or meetings) at the property without the advance consent of the owner. If you do any of these things, the owner can refuse to hand over the property to you, or can repossess it. If the owner does this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking. And we or the owner will not be legally responsible to you as a result of this situation. (This will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation.) Neither we nor the owner are under any obligation to find any alternative accommodation for you.
Pets - Pets are not allowed unless we say so in the brochure/website. If
you take a pet with you, it is not allowed upstairs, on beds or furniture,
or in any shared facilities, such as swimming pools or shops. You must not
leave any pets unattended in the property, including any garden, and you
must keep dogs on a lead within the boundaries of a property (including the
garden). Registered assistance dogs are allowed in most properties featured
in this brochure even if the property description says that pets are not
allowed. NB: if you are travelling to France or Italy with a registered
assistance dog, please contact us before making your booking. If you or any
member of the party has a pet allergy, we cannot guarantee that dogs, or
other pets, have not stayed in your chosen property, even if the owner does
not allow pets, nor can we accept any responsibility for any subsequent
health reaction. It is your responsibility to make specific enquiries
before booking as some property owners may take their own pets to a
property. You should also read the information on taking pets on holiday
included in our brochure or on our website. If there is a charge for taking
a pet, you will be told at the time of booking.
No Smoking:
most properties are no smoking (including E-cigarettes), if you require a
smoking property then please contact us
Under 1 hour to airport feature:
This is a guide only, calculated on the airport being up to 40 miles from
the area that you are booking
15 Damage
You are responsible for and agree to reimburse to the owner and us all
costs incurred by the owner and/or us as a result of any breakage or damage
in or to the property which is caused by you or any members of your party
or any other persons invited into the property by you. The owner and/or we
can ask for an extra payment from you to cover any such costs.
The owner expects the accommodation to be left in a reasonable state on departure. If in the owner’s or caretaker’s opinion, additional cleaning is required, you will be liable to the owner for the cost of this cleaning.
You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival please notify the owner/key holder immediately.
16 Right of Entry
The owner is allowed to enter the property (without letting you know first
if this is not practical or possible) if special circumstances or
emergencies happen (for example if repairs need to be carried out) or if
you break any of these booking conditions, the owner’s own terms and
conditions or any other terms that apply to your booking and/or the
property. The owner or its representative also is allowed to enter the
property to inspect it (including but not limited to where you have
complained about the property). If this happens, you will be given
reasonable notice first.
You agree to allow the owner or their representative (including workmen) access to the property as required by this clause.
17 Unreasonable behaviour
The owners of all properties can refuse to hand over their property if the
unreasonable behaviour of anyone in your party is likely to cause offence
to other guests, to members of staff or to neighbours, or if the owner has
reasonable cause to believe you or any member of your party will cause
damage or loss to the property, its services or facilities. If this
happens, the contract between you and the owner will end and you will not
receive any refund and neither we nor the owner will have any further
responsibility to you.
The owners of all properties can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in your party (including anyone invited into the property by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where you or any member of your party (or anyone invited into the property by you) has broken or is likely to break any of these booking conditions, the Owner’s terms and conditions or any other terms and conditions applicable to the property which you have been told about. If this happens, you will have to leave the property immediately and no refund will be given. You may also be responsible for any costs the owner has as a result of your behaviour as set out in clause 15.
18 Special requests
If you have any special requests, you must let us know when you make a
booking and confirm them in writing. Although we will try to pass any
reasonable requests on to the owner, Novasol A/S or service provider
(whichever applies), we cannot guarantee that any request will be met.
Confirmation that we have noted a special request or passed it on to the
owner, Novasol A/S or service provider, or of the fact it is shown on your
written confirmation or any other document, is not confirmation that the
request will be met. If we or the owner or Novasol A/S or service provider
fail to meet any special request, it will not mean we or they have broken
your contract.
19 Complaints (This does not apply to ferry and Eurotunnel inclusive
bookings.)
If you want to complain, we, together with the owner, Novasol A/S or
service provider (whichever applies), will want to take action to sort your
complaint out as soon as possible. Because the contract for your
arrangements is between you and the owner or Novasol A/S and/or service
provider, you should put any queries or concerns to them. It is essential
that you contact the owner or their representative immediately if any
problem arises so that it can be sorted out as quickly as possible. It is
often extremely difficult (and sometimes impossible) to sort out
difficulties properly unless the owner is told promptly. If you discuss the
problem with the owner or their representative during your stay at the
property, it can usually be sorted out straightaway. In particular,
complaints which would only be temporary (for example, complaints on how
the property is prepared or the heating not working) cannot possibly be
investigated unless registered during your stay. If you cannot contact the
owner or their representative, or if you are not happy with their response,
you should immediately phone the Customer Services Line on the number shown
on your confirmation. If, after this, you feel that the problem has not
been dealt with to your satisfaction, you must, within 28 days of returning
from your stay, put your complaint in writing to us. We will then pass this
on to the owner. Send your letter to our office at Spring Mill, Earby,
Barnoldswick, Lancashire, BB94 0AA, marked for the attention of the
Customer Relations Department. Or you can send an email to cr@awaze.co.uk.
We have designed this procedure to make sure we can sort out complaints as
quickly as possible. Please help us and the owner to help you by following
this procedure. If you fail to do so, this may affect your entitlement to
claim compensation if this would be appropriate. As we act only as an agent
for the owner, we cannot accept any legal responsibility for your
complaint. If we help to sort out a complaint, we are doing so as an agent
only and have no legal responsibility to you for any refund or
compensation.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 6 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
20 Governing law and jurisdiction
Any dispute, claim or other matter which may arise in relation to your
booking will be governed by English law and you agree that any dispute will
be dealt with exclusively by the courts of England and Wales.
21. Communicating with you
Please see our Privacy Notice which explains how we will process your
personal data.
For the purposes of the Landlord and Tenant Act 1987, you can send any notices intended for the owner to our registered office address Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA and we will forward these on to the owner.
Section B: Ferry and Eurotunnel inclusive bookings only
Where your booking includes accommodation plus a ferry or Eurotunnel crossing, the following extra information applies to your booking:
B1) Pricing
All prices quoted or which we have told you about include all charges and
any taxes or government charges that apply to your holiday at the time of
booking. We worked out the accommodation prices shown in our brochures and
on our website based on the known costs and on an exchange rate of £1 to
1.17 euro for 2018 bookings and £1 to 1.145 euro for 2019 bookings.
We keep the prices charged by the owner or service provider under constant review and the prices of arrangements may be increased or reduced at any time. Ferry and Eurotunnel prices shown on our websites or in our brochure are provided by suppliers and may also be amended at any time before purchase.
We may also correct mistakes in the pricing of unsold arrangements at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check the price and all other details of your chosen arrangements at the time of booking.
When we confirm the price of your chosen arrangements at the time of booking, except where we have to correct any mistakes, we will only increase or reduce the price of your confirmed booking due to changes in:
· The price of the carriage of passengers resulting from the cost of fuel or other power sources;
· The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- the exchange rates which have been used to work out the cost of your package.
We will pass on any increase or reduction by either charging you more or giving you a refund, as applicable.
You will be charged for the amount of any increase in accordance with this clause, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 8% of the cost of your holiday (not including insurance premiums and any amendment charges), and you do not wish to pay this increase you will be entitled to cancel your booking and receive a full refund of all money you have paid us (except for any amendment charges). Or, you can buy another holiday from us if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price).
In the above circumstances you have 14 days from the issue date printed on our invoice to tell us if you want to cancel your holiday or buy another holiday. If you do not tell us that you want to cancel or buy another holiday within this time, we will assume that you will pay the extra charge. You must pay this with the balance of the cost of the holiday or within 14 days of the issue date printed on the invoice, whichever is later.
If, due to the charges mentioned above, the price of your holiday goes down we will pay you any refund due. However, please remember that we do not always buy travel arrangements in local currency and some obvious changes have no effect on the price of your travel due to contractual and other protection in place.
We promise not to send you an invoice for an extra charge within 20 days of the start of your holiday. We will not make any refunds within this period either.
B2) Your financial security
We provide full financial protection for our package holidays which don’t
include flights, by way of a bond held by ABTA Limited, of 30 Park Street,
London, SE1 9EQ. our ABTA membership number is Y0662 (Accommodation only
sales) and L4801 (Packaged holiday sales)]. Please visit www.abta.com for further information.
Please see clause 6 of section A for full details of our ABTA membership.
B3) Cancellations or changes made by us
It is unlikely that we will have to make changes to your booking
arrangements but occasionally, as we make the arrangements for your
bookings many months ahead, we may have to make changes both before and
after bookings have been confirmed. Or, we may have to cancel confirmed
bookings. While we always try to avoid changes and cancellations, we can
make cancellations or changes at any time and must reserve the right to do
so.
Occasionally we have to make a ‘significant change’ such as a change of property to that of a lower standard, changing the departure time by more than 12 hours or a change of resort/area. If we need to do this, we will let you know as soon as possible before you leave. We treat all other changes as minor. As a result, we will decide whether to let you know about them.
If we have to make a significant change or cancel your booking, and as long as there is time to do so before the departure date, we will offer you three options:
· (for significant changes), you can accept the changed booking arrangements we offer you; or
· you can transfer to another booking if we are able to offer alternative arrangements with comparable or higher facilities (at no extra cost to you); or
· if available, accepting an offer of an alternative holiday of a lower standard, with a refund of the price difference between the original holiday and the alternative holiday; or
· you can cancel your booking, in which case we will refund you all amounts you have paid.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again within the time period stipulated within our notice, we reserve the right to assume you accept the changed or alternative arrangements. The options shown above are not available if any change is a minor one or if the change or cancellation by us arises out of alterations to the confirmed booking which you have asked for or your failure to pay the balance of your booking cost by the due date notified to you.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below (except to infants), in the following circumstances:
- If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available.
Number of days before you leave when we tell you (or your travel agent) about a significant change to or cancellation of your confirmed holiday |
Compensation per party |
More than 70 days |
£0 |
43 to 70 days |
£25 |
29 to 42 days |
£40 |
15 to 28 days |
£80 |
14 days or less |
£100 |
Compensation will not, however, be payable and no liability, beyond offering the above mentioned choices, can be accepted where:
a. we are forced to make a change or cancel as a result of unavoidable and extraordinary circumstances, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. These circumstances may include, but are not limited to, those listed under ‘Events beyond our control’ in clause 9 of Section A; or
b. we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time); or
c. we make a minor change; or
d. we make a significant change or cancel your arrangements more than 10 weeks before departure; or
e. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; or
f. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements.
The table above sets out the most we will pay under this clause. We are sorry that we cannot meet any expenses or losses you may suffer as a result of inconvenience suffered.
Very rarely, we may be forced by make a change or cancel as a result of unavoidable and extraordinary circumstances, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. These circumstances may include, but are not limited to, those listed under ‘Events beyond our control’ in clause 9 of Section A. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, where possible, make alternative arrangements for you at no extra charge and, where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
B4) Our legal responsibility to you
We will accept responsibility for your holiday as an ‘organiser’ under the
Package Travel and Linked Travel Arrangements Regulations 2018. Depending
on the other conditions of this clause B4, we accept responsibility for
making sure that we supply your travel arrangements, which you book with
us, as we have described. If, after you leave for your trip, any part of
your arrangements are not provided as promised, due to the negligence of
our employees, agents or suppliers, and we don’t remedy or resolve your
complaint within a reasonable period of time, we will pay you appropriate
compensation, if this has affected the enjoyment of your trip. However,
(except where you have suffered personal injury or death), we will not pay
more than three times the value of the booking (or the relevant part if not
all the booking is affected). The level of compensation will take into
account all relevant factors, including the price of the holiday, any steps
it was reasonable for you to take to reduce, as far as possible, the
inconvenience or damage suffered (such as following the complaints
procedure) and how much the problem affected your overall enjoyment of the
holiday. Please note that it is your responsibility to show that we or our
supplier(s) have been negligent if you wish to make a claim against us.
Before we pay you any compensation, you must make any complaint or claim strictly in line with clause B7. You must also transfer your legal rights you may have against anyone else in connection with your claim. You must co-operate with us and our insurers in this.
In all claims we will not be legally responsible if the alleged loss, injury or damage results from any of the following:
- The fault of the person affected or any members of their party;
· The fault of someone not connected with providing your holiday which we could not have predicted or avoided;
· unavoidable and extraordinary circumstances, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. These circumstances may include, but are not limited to, those listed under ‘Events beyond our control’ in clause 9 of Section A.
Where it is impossible for you to return to your departure point as per the
agreed return date of your package, due to “unavoidable and extraordinary
circumstances”, we shall provide you with any necessary accommodation
(where possible, of a comparable standard) for a period not exceeding three
nights per person. Please note that the 3 night cap does not apply to
persons with reduced mobility, pregnant women or unaccompanied minors, nor
to persons needing specific medical assistance, provided we have been
notified of these particular needs in advance. For the purposes of this
clause, “unavoidable and extraordinary circumstances” means warfare, acts
of terrorism, significant risks to human health such as the outbreak of
serious disease at the travel destination or natural disasters such as
floods, earthquakes or weather conditions which make it impossible to
travel safely to the travel destination. Important notice on the limits of our legal responsibility
For international travel by sea and rail, we will limit our legal
responsibility in all cases as if we were carriers under the appropriate
conventions, which include; The Athens Convention (for sea travel); The
Berne/Cotif Convention (for rail travel) and The Paris Convention (for
accommodation arrangements) and any applicable EU Regulations, such as
261/2004 (for travel by air) and 1117/2010 (maritime passenger rights). We
are not a carrier for the purposes of EU 1177/2010 – any queries or claims
for that regulation should be directed to your carrier. You can ask for
copies of these conventions and regulations from our offices. Please
contact us. You must also agree that the operating carrier or transport
company's own 'conditions of carriage' will apply to you on that journey.
When arranging transport for you, we rely on the terms and conditions in
these international conventions and those 'conditions of carriage'. You
must accept that all the terms and conditions in those 'conditions of
carriage' form part of your contract with us, as well as with the transport
company.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
If we are found legally responsible for loss of or damage to any luggage or personal possessions (including money), the most we will have to pay you and your party is £25 per person, as you are required to have adequate insurance in place to cover this kind of loss.
B5) Passports and visa information for package bookings
A passport is required for the overseas destinations that we feature. Photo
identification may be required by airlines and ferry companies even if you
are travelling within the UK – e.g to Northern Ireland, please check with
the transport provider. The passport, visa and health requirements which
apply, at the time of printing, to British citizens are shown in our
brochures and on our website and we provide a link to up-to-date
information from our website. You can find everything you need to know
about your travel requirements at www.gov.uk/foreign-travel-advice and
www.gov.uk/knowbeforeyougo
It is your responsibility to make sure that you and all members of your
party have all the travel and health documents you need before you leave.
You are responsible for paying all costs in getting these documents. You
must make sure that you apply for a passport/visa in good time before your
trip. If failure to have or supply any travel or other documents needed
results in fines, charges and so on which we or the owner or service
provider have to pay, you will be responsible for refunding us. If you
cannot travel because of such failure, neither we, the owner or service
provider will be legally responsible to you.
We can ask for any personal details, including passport numbers, if we need
to do so.
Exit checks at UK borders for ferry/Eurotunnel travellers
– all transport operators need to see the passports of all those travelling
when you leave the country. You should allow enough time for this process
when planning your journey. Some transport operators may require you to
provide advanced passenger information (API) to them before you arrive at
port. If this applies to your booking, we will write this on your
confirmation documents. You are responsible for providing this information
for all passengers and we will not accept any legal responsibility if you
fail to do so.
If you or any member of your party is not a British citizen or holds a
non-British passport, you must check passport and visa requirements with
the embassy or consulate of the country or countries you will travel to or
through.
B6 If you change or cancel your booking – This clause applies to ALL overseas bookings and to bookings which include ferry and Eurotunnel crossings
Full cancellations
If you have to, or want to, cancel your booking, you must phone us on the
number shown on your booking confirmation as soon as possible. You must
also immediately confirm your cancellation in writing, sent by recorded
delivery, to us at the address shown in the brochure or on the website. The
day we receive your notice by phone is the date on which we cancel your
booking. If you cancel, we will make a cancellation charge, as shown in the
table below. This means that if you have paid the balance of your total
cost and then have to, or want to, cancel, you may receive a refund of part
of the cost. However, if you have not paid your total cost, including the
premiums for any insurance (if this applies), by the time of your
cancellation, you may have to make a further payment as a cancellation
charge.
For the purpose of the table below, 'total cost' means the total cost of the booking, including any extra items. You will still have to pay any insurance premiums, ferry or Eurotunnel charges, booking fees and administration fees for making any changes. If you have already paid insurance premiums, ferry or Eurotunnel charges, booking fees and administration fees, we will not refund them if you cancel.
If they are prevented from travelling, individual party members may be able to transfer their place to someone else introduced by you, subject to the following conditions:
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £31 for each change or £53 for each change if we have already issued your travel documents., as well as any additional fees, charges and other costs arising from the transfer; and
- the person to whom the booking is being transferred agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in this clause will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
NB - Most service providers do not allow name, time or other changes after tickets have been issued. In the case of ferry and Eurotunnel bookings, you may need to buy new tickets at a higher price.
Cancellation charges
Number of days before the start date of your trip that we receive notice to cancel or on which you fail to make a payment |
Cancellation charge (plus all booking fees, ferry or Eurotunnel charges, insurance premiums or administration fees you owe) |
More than 70 days |
Full deposit (including any balance of deposit due) plus the total cost of any ferry or Eurotunnel booked |
43 to 70 days |
50% of the total cost or full deposit (including any balance of deposit due), whichever is greater, plus the total cost of any ferry or Eurotunnel booked |
29 to 42 days |
75% of total cost, plus the total cost of any ferry or Eurotunnel booked |
8 – 28 days |
90% of total cost, plus the total cost of any ferry or Eurotunnel booked |
7 days or less |
100% of total cost |
Other service providers may make higher cancellation charges. Please also see clause 12, insurance.
The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period.
Cancellation by You due to Unavoidable & Extraordinary Circumstances: You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
B7) Complaints
If you have a problem while you are abroad, you must let the relevant owner
or service provider (for example ferry operator) know immediately so that
the matter can be put right. If the owner or service provider cannot sort
out the problem to your satisfaction at the time, you must also contact us
immediately by phoning the Customer Service line on the number shown on
your confirmation, so that we have the chance to help. If a complaint
cannot be sorted out at the time, you must write to us within 28 days of
returning to the UK, quoting the original booking reference and giving all
relevant information. If you do not take these steps, it will prevent our
ability to sort out the problem or investigate it fully and, as a result,
your rights under the contract may be affected. Send your letter to our
office at Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA, marked
for the attention of the Customer Relations Department. Or you can send an
email to cr@awaze.co.uk. We cannot accept legal responsibility for any
claims which you do not let us or our owners, Novasol A/S or service
providers know about strictly in line with this clause.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 6 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/ .
B8) Prompt Assistance
The Package Travel and Linked Travel Arrangements Regulations 2018 provide that in the event that you experience difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and provide assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
The prices and booking conditions displayed supersede all those previously published.
Prices and booking conditions may be updated, changed or varied subsequently. Please see our website for the latest details.
Awaze Vacation Rentals Ltd
Registered office: Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA
Registered in England and Wales. Company registration number: 00965389
VAT registration number: GB 598 22 99 77