Please read these Terms and Conditions carefully and all other relevant information before conducting business with West Wales Holiday Cottages Ltd. Any booking or business made through or from West Wales Holiday Cottages Ltd will be subject to these Terms and Conditions.
In these Terms and Conditions ‘you’ and ‘your’ means the owner of holiday accommodation detailed in your registration document or anyone authorised by you (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ means West Wales Holiday Cottages Ltd of Unit 4B, Parc Aberporth, Aberporth, Cardigan, Ceredigion, SA43 2DZ. ‘Hirer’ means the group, person or persons who have booked your holiday accommodation. Unless the context otherwise requires words in the singular shall include the plural and vice versa.
These terms govern any reservation for or supply of accommodation, property amenities or equipment (together the ‘accommodation’). They form the basis of the contract between you and us. You hereby appoint us as your selling agent for such purposes and we agree to act as such. From the date on which your property is added to our website, you agree to be bound by these terms as well as any written existing or supplementary terms. Where there is inconsistency between any existing or supplementary terms and these terms, these terms shall prevail.
1. Protecting Personal Information
1.1 We share the contact details of holidaymakers with you so that you may handle their enquiries and bookings. We share it with you for that purpose only; we rely on you to comply with current data protection legislation in your processing of that information. This includes storing it securely, not sharing it, and not using it for any other purpose (for example, marketing). We share your contact details with holidaymakers who enquire about and book your property. You can find full details of what personal information we collect from you and what we do with it in our Privacy Policy; by advertising with us, you accept the terms of that policy.
2. Our contract
2.1 West Wales Holiday Cottages Ltd arrange bookings as your booking agent . We accept no liability in relation to any contract you enter with the Hirer or for any acts or omissions of any Hirer or other person connected with your booking.
2.2 When a property is booked, as we act as agents, your contract is made directly with the Hirer and accordingly you should ensure that you incorporate appropriate terms and conditions into that contract via our website. A suggested template for such a set of terms is available here.
2.3 Our role is to facilitate the booking between you and Hirers by:-
- advertising and marketing your property (we incur fees in doing so)
- sourcing visitors for your property
- dealing with customer enquiries
- making customer bookings
- administering those bookings (both before and after the accommodation has been visited)
- carrying out general customer care
For that service we take a commission as per clause 4 below and according to the pricing plan you have chosen. Once a booking has been confirmed with a Hirer on your behalf, we have provided that service. If you or any Hirer cancels or changes the booking, this does not impact on the booking service we have by then provided. That being the case we are not able to reimburse commission (either to you or to the Hirer), and you are not entitled to withhold the commission that we have agreed between us is payable.
2.4 Once the email is deemed received confirming the booking, all administration and communication with the Hirer is your responsibility as this is the point that the contract is made between you and the Hirer. It is your responsibility to check your emails regularly and to advise of any change to your email address.
2.5 West Wales Holiday Cottages Ltd have the right to enter into the same terms and conditions with other Owners at any time.
2.6 It is agreed that we have your authority to book reservations in respect of your holiday accommodation and to advertise your property as agreed in the owner plan.
2.7 This contract becomes effective upon addition of the property to our website. By confirming a reservation, the Owner agrees to be bound by these terms as well as any written existing or supplementary terms. Where there is inconsistency between any existing or supplementary terms and these terms, these terms shall prevail. We cannot provide a booking for an Owner who has not agreed to this contract.
2.8 We reserve the right to remove a listing without notice at any time in the event that you are in breach of these terms and conditions. We may terminate this agreement immediately by written notice if (a) you are in serious or persistent breach of your obligations under this agreement and you fail to remedy such breach within seven (7) days of being notified of the breach; (b) if there is a change in ownership of the property; or (c) if either you or we becomes insolvent or goes into liquidation or bankruptcy.
2.9 Any termination pursuant to clause 2.7 above shall be without prejudice to bookings or any other rights or claims, which we may have against you.
2.10 If we decide to change these terms and conditions, we will post the changes on this page and changes will apply only to bookings made after the date of the change.
3. Owner Plans
3.1 We offer a choice of 2 pricing plans for property owners:
GOLD PLAN – The Owner manages all booking administration and pays commission only on dates which are booked through our system. Owners on the Gold plan do not have their contact details displayed on the website.
DIAMOND PLAN – An extra level of service for owners who want us to handle pre-booking enquiries and pre-arrival booking administration on their behalf; we can also apply discounts in accordance with the Owner’s general instructions. The Owner manages the property and handles everything from arrival day onwards. The Owner pays commission on all periods booked for the property regardless of which dates and from where the booking is generated. We can also provide a link to your cottage website if you have one.
3.2 Owners on the Diamond plan are required to advise us by letter or email when you have a booking for friends and family who are paying you no rent, for whom we shall not make any charge. We reserve the right to check this in person with your guests.
3.3 You may transfer from one plan to the other at the end of any calendar year. If you do wish to do so we require receipt of written notice by 21 December of the year prior to the change.
3.4 You agree to supply the accommodation at the rates agreed in writing which are inclusive of all taxes and service charges. It is a condition of joining us that the rates you charge via our website are no higher than those advertised elsewhere.
4. Invoicing
4.1 We are entitled to remuneration for the service that we provide and the efforts that we make on your behalf. The commission we charge becomes due on receipt of a booking irrespective of the date for which the booking is made. Please also see clause 2.2. We invoice on the 14th day of every month for bookings received up to the end of the previous month. This allows for receipt of the deposit. You are obliged and have the responsibility to ensure we receive payment of the invoice within 14 days of issue. Any cancellations must be notified to us by the 12th of that month, and if not, we will charge the commission in line with the applicable plan. The invoice amount cannot be altered without prior written agreement from ourselves. We do not accept post-dated cheques or part payment.
4.2 Please note that our computer system may suspend your listing on our website when payment is 14 days overdue, meaning not received within 28 days of the invoice date as above.
5. Hirer’s Payment
5.1 All payments are to be made by the Hirer to you via us as your agent using the payment platform on the website. You may not accept payments from the Hirer directly . Any refunds due to the Hirer must be made by you, directly to the Hirer, and should be made gross in the event that a full refund is due to the Hirer (with the deposit – our commission – added back in).We will facilitate a description of how to make payment via our payment platform on our website.
All monies take from Hirers are held by us as your agent until passed to you or refunded to the Hirer.
6. Hirer Cancellation
6.1 In the event that a Hirer gives an Owner direct notice of cancellation of a booking, Owners must advise us by phone and email within 24 hours following receipt of the Hirer’s notice. Where sufficient notice is provided the availability can be re-advertised, but if we have not been given notice within the prescribed time and by the 12th day of the invoicing month, we shall charge the Owner for the commission that we would have made on the booking had it not been cancelled.
6.2 The commission you owe us under this agreement is not normally refundable (either to you or to the Hirer) in the event of a cancellation.
7. Owner Cancellation
We charge commission for holidays which are booked and which the Owner subsequently cancels. See clause 6.1.
8. Warranties:
8.1 The information on our website is provided to us by you. It is your responsibility to provide accurate and up to date information. We are not liable to you or the Hirer where you have provided the information concerned. It is your responsibility to ensure that you act in good faith and with due care and skill in providing accurate descriptions, photographs and any associated documentation. We shall include any updates on our website within 7 working days of receipt.
8.2 You shall provide the accommodation in compliance with the descriptions represented by you or on your behalf. When requested to do so, you shall approve any description(s) and/or other wording prepared by or on behalf of us for any purpose whatsoever. Once approved, you agree that all such description(s), photographs and/or other wording are and shall remain correct.
8.3 You will ensure that at all times during the period of this agreement the Accommodation shall be provided using all due skill, care and diligence and shall conform to all planning, licensing and other requirements as may be imposed by national, local or other laws or regulations for the purpose of their use by Hirers and shall at all times during the validity of this agreement comply fully with EEC national and trade laws, regulations and codes of practice, relating to hygiene, fire the general safety and security of those on the premises or in any way affecting its operation.
8.4 In the event of any alteration, suspension, deficiency, failure or other change to the Accommodation of any nature which may adversely affect the enjoyment or quality of Hirer’s stay (‘Deficiency’), you undertake at its own cost to immediately either (a) take all reasonable steps to remedy the Deficiency (b) locate at its own cost, suitable alternative Accommodation which are of least equal standard to the Accommodation in question and which comply with the conditions set out in this agreement.
9. Liability:
9.1 You will indemnify us for all liabilities reasonably incurred in our performance of our duties on your behalf.
9.2 As we act as booking agent for you we cannot accept any liability for any shortcomings or defects within, outside, with the contents, or other facilities ancillary to the holiday accommodation. Further we cannot accept any liability for any act, or omission by you or anyone acting on your behalf. As we act as agents on your behalf between you and the Hirer we do not have any liability for loss or damage arising from their or your breach of contract, negligence or misrepresentation.
9.3 Your contract is directly with the Hirer. A suggested template is available here.
9.4 We do not exclude liability for death or personal injury which arises as a result of our negligence or that of our employees whilst in the course of their employment.
9.5 You, your employees, agents and sub-contractors accept liability and agree fully to indemnify us in respect of all losses, damages, liabilities, expenses and demands of whatever nature (including without limitation any professional fees incurred by us and any compensation payments, credit card chargeback sums, refunds or credits to any Hirer(s)) which we may suffer or incur directly or indirectly as a result of (a) any breach by you of any term or condition of this Agreement; and/or (b) the death, injury or illness (including fatality) of any person for whom we may be responsible or for which we may have any liability and which is caused by or arises out of any wrongful or negligent act or omission of, or any breach of this Agreement by, you, your employees, agents or sub-contractors; provided that you shall not be liable in respect of anything arising directly as a result of our sole fault. You will also indemnify us on the same terms in relation to any credit card chargeback losses we incur irrespective of any breach by you of this Agreement, or any fault on your part. This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of this Agreement.
10. Insurance
10.1 You will ensure that you have in force at all times during the period of this agreement an insurance policy which will provide cover in the event of any Hirer suffering death, personal injury or loss of whatever nature, such cover to be effective where the death, personal injury or loss is caused by the negligent acts or omissions of you, your employees, servants or agents or suppliers. You further agree to provide, upon request, proof of such insurance cover.
11. Online payments service
11.1 West Wales Holiday Cottages Ltd provide a payment facility, enabling a Hirer to make payment to you via us using as credit card or debit card. We may change or withdraw such facility at any time at our sole discretion. Where a Hirer’s payment by credit or debit card is taken on your behalf, you agree to pay our fee for that service within 14 days of receipt of our invoice.
11.2 Although we provide the facility to enable such payments, we are not responsible for the payment solutions themselves and no processing of payments on your behalf will make us a party to the contract between you and the Hirer.
11.3 You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with the use of our payment facility to receive payments from Hirers, in particular any claims from Hirers or payment solution providers resulting from your actions or omissions.
12. Damage to accommodation and contents
12.1 All costs arising from damage or loss caused by Hirers will be charged directly to the Hirers concerned by you. We cannot be held liable to costs of this nature.
13. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to English law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales.