Please read these Terms and Conditions carefully and all other relevant information before booking. Any booking made through West Wales Holiday Cottages Ltd will be subject to these Terms and Conditions.
In these Terms and 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 West Wales Holiday Cottages Ltd of Unit 4B, Parc Aberporth, Aberporth, Cardigan, Ceredigion, SA43 2DZ. ‘Owner’ means the owners’ of the holiday accommodation. Unless the context otherwise requires words in the singular shall include the plural and vice versa.
1. Protecting Personal Information
1.1 We share your contact details with Owners so that they can handle your enquiries and bookings. We share it with them for that purpose only. You can find full details of what personal information we collect from you and what we do with it in our Privacy Policy; by using our website, you accept the terms of that policy.
2. Your Contract
2.1 West Wales Holiday Cottages Ltd arrange bookings as an agent of the Owner only. Your contract for the supply of the accommodation is directly with the Owner, and the Owner’s booking conditions will apply to that contract in addition to these terms. These are made available to you before you book your holiday as part of the booking process, and you will be required to confirm you have read these before you complete your booking.. Consequently, we accept no liability in relation to any contract you enter with the Owner or for any acts or omissions of any Owner or other person connected with your booking.
2.2 All payments made to us are deemed made to the Owner and are made via our secure payment system. Please note that the Owner is obliged to pay us a commission for the service we supply in advertising and marketing their property, sourcing visitors for their accommodation, making bookings and administering those bookings both before and after use of the property, and carrying our customer care.
2.3 That commission agreement is a separate contract between us and the Owner and is not part of or dependent on the contract for the supply of accommodation that you enter into with the Owner. Consequently, in the event of a change to or cancellation of your accommodation contract, the terms of the commission agreement between us and the Owner remains unaffected: the Owner remains obliged to pay us the commission, and we have no obligation to repay that commission, either to you or the Owner, in any circumstances.
2.4 Except where you are booking with one of our ‘diamond’ owners, once the email confirming the booking is deemed received by you, all administration and communication with you is the responsibility of the Owner as this is the point that the contract is formed between you and the Owner. If you have booked with a diamond owner, we will carry our pre-departure administration on behalf of the Owner. It is your responsibility to check your emails regularly and to advise of any change to your email address. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
3. Special requests
If you have any special requests, please let us know at the time of booking. We will pass on all such requests to the Owner, and if we are able to specifically confirm a special request or requirement on behalf of an Owner, we will do so on our confirmation, but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part.
4. Insurance
It is a condition of our agreement that you are covered by adequate travel insurance for your booking. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of death, accident or illness. Your travel insurance should also include cover against any COVID-19 issues or incidents which may affect your booking. If you choose to book without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Website descriptions and other information
5.1 The information and photography on this website is provided or authorised by the Owner. The information is given in good faith but we make no warranties as to the information provided. 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. We cannot accept responsibility for any changes or closures to facilities at or for the accommodation or to local services or attractions.
5.2 Important note: the information and prices shown on the website may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the information and prices at the time of publishing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
6. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
7. Liability
7.1 We, as agents, accept no legal responsibility for any contract you enter with the Owner or for the acts or omissions of any Owner or anyone representing or employed by them in relation to your booking. We cannot accept any liability for any problems or faults with or in any accommodation which are solely under the control of the Owner. Our responsibilities to you are limited to making the booking in accordance with these booking conditions and your instructions.
7.2 We cannot accept liability for any changes to or cancellation of your accommodation booking. Our responsibilities are limited to making the booking in accordance with your instructions. Further, we cannot accept any liability for any act or omission by the Owner or anyone acting on their behalf. As we act as agents of the Owner, we do not have any liability for loss or damage arising from their breach of contract, negligence or misrepresentation. We accept no responsibility for any information about the arrangements that we pass on to you in good faith.
7.3 Your contract is directly with the Owner and is subject to their conditions which may contain additional restrictions on liability. These are available on request from us.
7.4 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.
7.5 In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the price of the booking.
7.6 UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the Owner(s) concerned could not avoid even if all reasonable measures had been taken. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions, pandemics and epidemics and the ongoing consequences thereof and all similar events outside our or the Owner(s) concerned control.
8. Hirer
8.1 All bookings are made subject to availability and only become firm when the deposit is accepted by the Owner. The person booking (Party Leader) must be at least 18 years of age and have the requisite legal capability and authority to enter into a contract at the time of booking.
8.2 By making a booking the Party Leader confirms that they have authority to book on behalf of the party and that all other party members agree that the booking is subject to these Terms and Conditions.
Bookings cannot be accepted from parties of young people less than 18 years of age.
9. Payment
9.1 All payments should be made via us but are taken on behalf of the Owner. Both the deposit payment and balance payment must be paid via our online payments system within the time specified by the Owner on the website and booking confirmation email.
9.2 The booking will be held for that period only, and if payment is not received by the time specified on your booking confirmation, the booking will be deemed to have lapsed. Bookings are considered provisional by the Owner until the required deposit is paid; however, you will be bound by these Terms and Conditions.
9.3 Please also note that any non-payment of the balance of your accommodation cost on or before its due date shall be construed by the Owner as a cancellation of the contract by you. In this event, Owners may be entitled to claim cancellation charges from you.
9.4 Except where otherwise advised or stated in the booking conditions of the Owner concerned, all monies you pay to us for arrangements will be taken on behalf of the Owner concerned.
10. Cancellation and Refunds
10.1 Changes and cancellations can only be accepted with the Owner’s agreement. We can’t guarantee that the Owner can meet changes or cancellations, although we will do our best to assist. Since we and the Owner incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the Owner’s charges set out in their booking conditions.
10.2 Please note as per clause 2.3, in the event of a change to or cancellation of your accommodation contract, the terms of the commission agreement between us and the Owner remain unaffected: the Owner remains obliged to pay us our commission, and we have no obligation to repay that commission, either to you or the Owner. In advertising the accommodation, sourcing customers, making your booking and carrying out customer care on behalf of the Owner, we have fulfilled our obligations to the Owner under that contract and so are entitled to be paid for the service provided. Any refund for that commission element of the price you have paid the Owner for your accommodation must be claimed from the Owner directly.
11. VAT
There is no extra charge for VAT on the rental price. Where it is payable on the rental price, this is included in the quoted weekly rent.
12. Complaints
12.1 If you do have cause for complaint, remedial action should be taken as soon as possible.
12.2 If you have complaints regarding any service that we provide, please inform us immediately in writing and within 7 days of the end of any arrangements booked through us. We cannot act on any complaints where we have not been notified as above. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If we are found to be at fault in relation to the service that we provide as agents, the maximum liability is limited to the price of your booking. We also refer you to the ‘liability’ section of these terms and conditions.
12.3 You can inform us of a complaint against the Owner if you feel that this is necessary or relevant to the information supplied on the Website. However, as agents we have no duty towards you directly in regard to the property, and any complaint received will simply be for our information only. If we help to resolve a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation. Complaints in relation to the cottage should be directed to the Owner. The method for this is set out in their Booking Conditions.
13. Card payments
13.1 West Wales Holiday Cottages Ltd provide a payment facility, enabling a Hirer to make payment via us (as agent of the Owner) to an Owner via credit card or debit card. We may change or withdraw such facility at any time in our sole discretion. Any payments taken by us are taken as agent on behalf of the Owner at all times.
13.2 Although we may provide the platform to enable such payments, we are not responsible for the payment solutions themselves and we are not a party to the contract between you and the Owner. We are not responsible for any decision taken by a provider to decline your payment.
13.3 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 your use of our payment platform to make payments to Owners, in particular any claims from Owners or payment solution providers resulting from your actions or omissions.
13.4 The Owner of the property you have booked may have additional payment conditions. Please see the Owner’s terms.
14. Law and Jurisdiction
14.1 These terms of business are governed by English law and the courts of England and Wales have jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)