In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking form (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ means Luxury Dorset Cottages / Chesil and Fleet Holiday Cottages Ltd / Strangways Enterprises / Ilchester Estates of The Estate Office, Melbury Sampford, Dorchester, Dorset DT2 0LF.
Before booking with us, please read these Booking Conditions carefully and all the other information relevant to your booking, including the Access Statement and Property Rental Conditions (which means all information contained in any specific conditions or restrictions set out on the website description of your chosen Property [ies] and the FAQ section of the website or otherwise advised to you). In these Booking Conditions, unless the context otherwise requires, words in the singular shall include the plural and vice versa.
1. Making your Booking
All bookings are subject to availability. The Party Leader must be at least 18 years at the time of booking. The Party Leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the booking party. By making the booking, the Party Leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The Party Leader is responsible for making all payments due to us. Subject to availability and receipt of all applicable payments by us, the Party Leader will be issued with a written confirmation as soon as reasonably possible showing your booking details and the balance of the total cost remaining. Your binding contract comes into existence when the written confirmation is issued. For bookings made within 14 days of departure, a binding contract comes into existence when we give verbal confirmation of your booking to you and you have made the appropriate payments to us. Receipt and banking of any deposit monies will not constitute acceptance of a booking. Please note, we will provide you with your written confirmation by e-mail. It is your responsibility to check your e-mails regularly and to advise of any change to your e-mail address. We have the right to refuse any booking prior to the issue of 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 we shall not have any liability towards you. As soon as your confirmation is received, you must check the details carefully. If anything is not correct you should tell us immediately.
When you book, you must pay the deposit amount by GBP sterling cheque, debit/credit card, bank transfer or PayPal. The balance must be received by us no less than 10 weeks before the start of your holiday. However, if you book less than 10 weeks before the start of your holiday, full payment of the total cost must be paid at the time of booking. If you book less than 2 weeks before departure your booking must be paid for in full by debit/credit card, bank transfer or PayPal, at the time of booking. If any payment due in relation to your booking is not paid by the appropriate date, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date.
3. The Security Deposit
When you book, a Security Deposit is payable in addition to the payment of the holiday rental. You must pay the Security Deposit to us, to be held by us until the end of the holiday as security towards your liability for any damage or loss. The Security Deposit will be held by us to cover any losses, damage and/or additional cleaning charges if the Property is left in an unsatisfactory condition. This deposit will be refunded within 14 days of departure subject to deductions necessary by reason of you or any member of your party’s breach of your obligations as stated below. You are obliged to keep the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for and or repairing any damage caused by you during the rental period. You are required to leave the Property, including equipment, in a clean and tidy condition after your stay. If a Property is left in an unreasonable condition additional cleaning charges may be applicable.
4. Online Payment Processor
Bookings paid by debit/credit card will be processed by our nominated Online Payment Processor compliant with the Payment Card Industry Data Security Standard (PCI DSS). Balance payments will be automatically processed on the due date (10 weeks before the start of your holiday). Security deposits will be automatically pre-authorised 7 days before the start of your holiday and released 14 days after your holiday.
The prices of unsold services may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. As changes and errors occasionally occur, you must check all details at the time of booking. All prices quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your reservation at the time of booking. We reserve the right to pass on to you in full, after your booking has been confirmed, all costs and/or charges incurred or imposed connected with your arrangements, including any price increases due to currency fluctuations. All prices are for the Property and are not on a per person basis.
6. Brochure and Website Details
We aim to ensure that the information provided is accurately conveyed on our website and in any other promotional literature or material produced and circulated by us. There may be small differences between the actual Property/other services and its/their description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell the Party Leader 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 or advertised elsewhere. We make reasonable efforts to ensure that information supplied to you in relation to your Property and its facilities and/or services as well as advertised travel and other services is accurate and complete as at the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any Property or its facilities and services, except where any such information has arisen out of our negligence.
7. If you Change or Cancel your Booking
(i) Changes If you wish to change any detail of your confirmed booking we will do our best to make the changes, provided that notification is received in writing by the Party Leader. However, we cannot guarantee that we will be able to meet any such request. This notification must be accompanied by a payment of £50 for each change. Please note that changes to your dates or accommodation may be treated as a cancellation of the original booking and hence be subject to cancellation charges. Individual party members may be able to transfer their place to someone else introduced by you on payment of the above mentioned charges and provided we are notified not less than 2 weeks before your departure date.
(ii) Full Cancellations If you have to, or wish to, cancel your booking, the Party Leader must telephone us on the number shown on your booking confirmation as soon as possible. The Party Leader must also immediately confirm your cancellation in writing sent by recorded delivery to us at the address given above. The day we receive your telephone notification of cancellation is the date on which your booking is cancelled.
Please Note: The refund provisions referred to above only apply to bookings if the cancellation applies to all members of your party. Under your contract, in order to qualify for a refund in relation to your booking your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your arrangements and must prevent you from taking your trip. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home :- Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following – Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your trip or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost trip is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your destination due to snow or flood conditions or as a result of being involved in an accident enroute (n.b. This only applies if you have made every effort to attempt to complete your journey; you will need to produce evidence from HM Police, RAC or AA). Although a refund is available in these circumstances you may prefer to delay your arrival. In these cases a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% (for short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours). You will be asked to complete a Booking Cancellation Form which may require signing by a Medical Practitioner or employer and in which we may request further information from a third party.
The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to. Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, e.g. dis-inclination to travel, leave cancelled by employer (other than HM Forces or HM Police) etc. a Cancellation Charge will be payable based on the number of days before the arrival date at the Property that we receive notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total accommodation cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total accommodation cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of the table below, accommodation cost means the total cost of the accommodation booking, including any extra items.
Cancellation Charge Table
|Number of days before start date of your arrangements that notification of cancellation is received by us||Cancellation charge (plus all booking fees, credit/debit card charges or administration fees payable by you)|
|70 days or more||Full deposit (including any balance of deposit due)|
|29 – 70 days||50% of accommodation cost or full deposit (including any balance of deposit due), whichever is the greater|
|15 – 28 days||75% of accommodation cost|
|14 days or less||90% of accommodation cost|
|On arrival date or later||Accommodation cost|
(iii) Curtailment of your Stay A refund as set out above is also available if your stay is cut short for any of the qualifying reasons set out in (ii) above. In this case, you will be reimbursed for the appropriate proportion of the cost of your stay. This only applies if the Property is vacated by all persons in your party. Where your stay is curtailed because the medical reasons set out at (ii) above affect any persons in your party and the Property is completely vacated early as a result, you will need to produce a certificate from a local Medical Practitioner, confirming the necessity of returning home in order to qualify for a refund.
(iv) Partial Cancellations Where only part of your party needs to cancel this will not normally affect the total cost of your booking.
8. Cancellations or Changes by Us
We do not expect to have to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled or other details corrected. We reserve the right to do so. If this does happen, we will contact the Party Leader (by telephone where reasonably possible in the case of a significant change or cancellation; minor changes will be notified by e-mail or post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret that we do not accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract by us is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions “force majeure” means an event beyond our reasonable control which we could not, even with all due care, foresee or avoid including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy, fire, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
10. Our Liability to You
We cannot be held responsible for noise or disturbance originating beyond the boundaries of the Property or which is beyond our control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance. 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.
We strongly recommend that you take out adequate travel insurance to cover you for the duration of your booking.
12. 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 we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the reservation.
13. Your Property
You can arrive at your Property any time after 3:00pm (unless advised otherwise) on the start date of your rental period and you must leave by 10:00am on the last day of your rental period. If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not advise us of your late arrival, we may treat your booking as having been cancelled by you. No refund of any monies paid by you will be made in this situation. We require you to pay a Security Deposit on booking. The Security Deposit will be refunded/released by us at the end of your rental period (less any costs for breakages, damage etc. if applicable). 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 upon your arrival, and to behave lawfully at all times whilst at the Property. You and all members of your party further agree not to use the Property for any unlawful or commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us. You are responsible for the actual costs of any breakage or damage in or to the Property – along with any additional costs that may result – which are caused by you and/or any members of your party, and we can require payment from you to cover any such costs. We are entitled at our sole and absolute discretion to refuse to hand over to you, or to repossess, the Property if we reasonably believe you or any member of your party is behaving unlawfully, or that any damage is likely to be caused, has been caused or is being caused by the behaviour of you or any members or your party. These circumstances will be treated as a cancellation by you. You also must not allow more people than the brochure states to occupy the Property, neither can you significantly change the composition of your party during your occupation of the Property. If you do any of these things, we can refuse to hand over the Property to you, or can repossess it. If we do so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and we will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the Property, such as the cost of securing an alternative Property/accommodation or the payment of any compensation to you). We will not be obliged to find any alternative accommodation for you. You must allow us and any representative of ours (including workmen) access to the Property at any reasonable time during your occupation of the Property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time – in these situations we are entitled to enter the Property at any time without giving you prior notice). If you take a dog with you, it is not allowed on the beds or furniture, or in any communal facilities. Pets should not be left unattended in the Property. Customers with allergies should be aware that we cannot guarantee that a dog has not stayed in their chosen Property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.
14. Special Requests
If you have any special requests you must advise us at the time of booking and confirm them in writing. No guarantees can be given that any request will be met. Confirmation that a special request has been noted, or the inclusion of the special request on your written confirmation or any other documentation, is not confirmation that the request will be met. Failure to meet any special request will not be a breach of your contract. Conditional bookings cannot be accepted i.e. any booking which is specified to be conditional on the fulfillment of a particular request.
Every effort has been made to ensure that you have an enjoyable and memorable stay. If, however, you have any cause for complaint then we are anxious that remedial action is taken as soon as possible. Any queries or concerns should be addressed to us. It is essential that you contact us immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
16. Passports, Visas and Health Requirements
We regret we cannot accept any liability if you or any members of your party are refused entry onto any transport or into any country due to failure on the part of the person concerned to carry or supply correct documentation. 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 (ies) to or through which you are intending to travel. If failure to have or supply any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. We reserve the right to request any personal details, including passport numbers, if required to do so by the authorities or by law.
17. Governing Law
It is agreed that any dispute, claim or other matter which may arise in relation to your booking will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
18. Communicating with You
For the purposes of the Data Protection Act 1998, Ilchester Estates is the sole data controller of all personal data provided to us by customers and prospective customers. In order to process your booking we need to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member’s arrangements and any dietary restrictions which may disclose religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your booking and any travel-related services (if any) can be provided, other suppliers or agents, your credit/debit card company or bank, or for verification of details relating to your booking and any travel-related services booked. Such individuals, companies and organisations may be outside the European Union. Data protection legislation in those countries may differ from that in the UK. We also need to process and store your personal details for our own administration, market analysis and operational reviews. We would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, e-mails or details of promotions and offers which we feel may be of interest to you). All details you give to us at any time will be kept but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information. We may also disclose your details to immigration or law enforcement authorities where required to do so.
If you do not wish to receive any or all of the communications set out in this section, please let us know as soon as possible by telephone, letter or e-mail. We are entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to us or subsequently.
Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to us as set out above unless you agree otherwise. You are generally entitled to ask us (by letter or e-mail) if and how we are processing your personal details. We are entitled to charge a fee in responding to such a request. We promise to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by us). In certain limited circumstances we are entitled to refuse your request. We may also record or monitor telephone calls to and from us for staff or training purposes.
Ilchester Estates Registered Office: The Estate Office, Melbury Sampford, Dorchester, Dorset DT2 0LF Registered in England. Company Registration Number: 1006592. VAT Registration Number: 186 0085 60
Chesil and Fleet Holiday Cottages Registered Office: The Estate Office, Melbury Sampford, Dorchester, Dorset DT2 0LF Registered in England. Company Registration Number: 06928925. VAT Registration Number: 102 4577 44
Strangways Enterprises The Estate Office, Melbury Sampford, Dorchester, Dorset DT2 0LF VAT Registration Number: 529 7974 83