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Terms & Conditions - Cotswold Water Park

BOOKING TERMS AND CONDITIONS
When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email.

1. General

1.1 The owners ("the Company") arranges bookings of holiday accommodation on behalf of owners of such holiday accommodation ("the Property Owner"), The first-named person in the holiday confirmation issued by the Company ("the Holidaymaker") agrees to enter into a contract with the Property Owner on the following terms and conditions.

1.2 The Property Owner enters into a binding contract with the Holidaymaker when the Company issues the holiday confirmation. These conditions apply to any contract made between the Property Owner and any Holidaymaker.

1.3 The Holidaymaker is responsible for the payment of the price of the holiday and for ensuring that all members of his party comply with all these conditions. The Holidaymaker must be aged 18 or over at the time when the holiday confirmation is issued by the Company.

2. Payment

2.1 Bookings must be accompanied by the appropriate deposit. The Company shall not be deemed to have accepted a booking until the holiday confirmation has been issued.

2.2 The balance must be paid not later than six weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Holidaymaker, in which case condition 4 will apply. It is, however, the Company's normal practice to send at least one reminder before processing such cancellations, and for this service the Company reserves the right to make an additional charge of £10.00 for each reminder sent.

2.3 If the Holidaymaker books the holiday less than six weeks from its commencement, the full holiday charge shall be payable on sending the Booking Form to the Company. Bookings made within 14 days of the commencement of the holiday must be paid for by credit card and confirmed by a completed booking form. 2.4 All payments shall be made to the Company at the address stated on the Booking Form.

2.5 The price payable for the holiday is inclusive of all booking fees, charges and Value Added Tax at 17.5% (VAT), and insurance (where applicable) plus Insurance Premium Tax at 2.5% (IPT).

2.6 The prices quoted are cash prices. Where the Holidaymaker pays for any part of the cost of the holiday by credit card, the Company reserves the right to levy a charge in respect of each payment so made.

2.7 The Property Owner has authorised the Company to refuse any booking and to cancel any booking which has been made on his/her behalf. The Company will communicate this decision to the Holidaymaker in writing. Any monies which have been paid to the Company will be repaid without delay and in full to the Holidaymaker.

3. Alterations or Cancellation by the Company

3.1 In the unlikely event that, where a Holidaymaker is not in breach, it shall be necessary for the Company to make an alteration to or cancel the holiday accommodation specified in the holiday confirmation form issued to the Holidaymaker, the Company shall inform the Holidaymaker of such alteration or cancellation and:- 3.1.1 In the event of alteration which is stated in writing by the Holidaymaker to be unacceptable within 14 days of being notified of the alteration by the Company, or: 3.1.2 In the event of cancellation the Company shall if possible arrange alternative holiday accommodation of a similar type and standard and in a similar location as that originally requested by the Holidaymaker (though the Company reserves the right to charge the Holidaymaker any difference in price).

3.2 If the alternative holiday accommodation is not acceptable to the Holidaymaker, the Company shall refund in full all monies paid (including insurance premiums) and shall not be under any other liability.

3.3 The Company undertakes to provide fair compensation to the Holidaymaker in the event of cancellation pursuant to Condition 3.1.

4. Cancellation by the Holidaymaker

Any cancellation made by the holidaymaker (for whatever reasons) shall be in writing addressed to the Company at the address stated on the booking form. The effective date of cancellation is when written notification is received by the Company. Should the Holidaymaker cancel the booking more than six weeks prior to the commencement date of the holiday, the full deposit paid will be retained. Should the Holidaymaker cancel the booking six weeks or less prior to the commencement date of the holiday, the full cost of the holiday will be retained. *In order to ensure a speedy receipt and thereby processing of cancellation the Company recommends that the Holidaymaker sends written notification of the cancellation by recorded delivery.

5. Limitation of Liabilities

5.1 Nothing contained in these Conditions shall exclude or restrict any statutory rights which the Holidaymaker has against the Property Owner or the Company. 5.2 The Holidaymaker deals as a consumer and in no event shall the Property Owner or the Company be liable for losses costs or damages suffered or incurred by the Holidaymaker as a result of failure to perform or breach by the Company of its obligations under this Agreement which are business losses including but not limited to economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.

6. Booking Conditions

Upon receipt of the holiday confirmation form, please check the details to make sure they are correct. Any corrections can be made up to 28 days from receipt of confirmation, but cannot be rectified beyond that date. If after the booking has been accepted the Holidaymaker requires the Company to amend it in any way or to re-invoice the Holidaymaker, the Company reserves the right to charge an amendment fee of £25 per Booking Form. The Company reserves the right to treat a change of property/and or holiday dates which is made at the request of the Holidaymaker as a cancellation of one holiday and the booking of another, in which case Condition 4 above will apply.

7. Information in the brochure

7.1 The information in the brochure is believed to the accurate at time of going to press.

7.2 The company makes all reasonable efforts to ensure that descriptions supplied by Property Owners are accurately reproduced. The Holidaymaker should be aware that minor differences between the photograph/illustration/text used and the property may arise.

7.3 Property Owners reserve the right to make modifications to the property specifications that are considered necessary in the light of operating requirements. In the interest of continued improvement, Property Owners reserve the right to alter or delete furniture, fittings, amenities, facilities, or any part of any activities, either advertised or previously available, without prior notice.

7.4 If material changes occur after the Holiday makers booking is confirmed the Company will advise the Holidaymaker. Holiday advisers will also make any such changes known before any future booking is made on the property in question.

8. Number of People using the Holiday Accommodation

The number of people using the holiday accommodation shall not exceed the maximum number stated without prior written agreement from the Company. In the event that the maximum is exceeded without such agreement the Property Owner reserves the right to refuse or revoke the booking at his/her sole discretion. This would be treated as a cancellation by the Holidaymaker, and condition 4 above will apply.

9. Damage to Property

9.1 The Property Owner reserves the right to refuse to hand over the property where in the reasonable opinion of the Property Owner it is likely that damage to the property will be caused by the Holidaymaker or any member of the Holidaymaker's party.

9.2 The Property Owner reserves the right to re-possess the property at any time where damage has been caused or in the reasonable opinion of the Property Owner is likely to be caused to the property by the Holidaymaker or any member of the Holidaymaker's party.

9.3 In the event of a reasonable refusal to hand over the property or repossession on the grounds set out in Conditions 9.1 and 9.2 above, the Property Owner shall not be liable to make a refund of any monies paid.

9.4 In the event of an unreasonable refusal to hand over the property, fair compensation will be paid to the Holidaymaker.

10. Access

The Property Owner or his/her representative shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy.

11. Arrival and Departure

11.1 Unless otherwise stated on the holiday confirmation form, the normal time of occupation is after 3.00pm on the holiday start date and the holiday accommodation must be vacated by 10.00am on the last day. If the Holidaymaker's arrival is delayed the Holidaymaker must advise the Person whose name and address or telephone number is given in the holiday confirmation from ("the Holiday Contact") so that suitable arrangements can be made for entry to the holiday accommodation.

11.2 If the Holidaymaker is unable to arrive at the holiday accommodation by midday on the day following the holiday start date the Holidaymaker must advise the Holiday Contact of the intended late arrival. Failure to arrive by midday on the day following the holiday start date and failure in those circumstances to advise the Holiday Contact constitutes cancellation by the Holidaymaker, in which case Condition 4 shall apply.

12. Pets

12.1 Where a pet is housed in the holiday accommodation without this having been indicated on the Booking Form, the Property Owner will have the same rights as reserved in Condition 8 above.

12.2 At all properties pets are not allowed on beds or chairs, nor are they allowed in any central facilities. Dogs must be exercised on a lead, and must not be left unattended at any time in the holiday accommodation.

13. Holidaymaker's Responsibilities

13.1 The holidaymaker shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair and condition as at the commencement of the holiday, and shall leave the holiday accommodation in the same state of cleanliness and general order in which it was found. The Holidaymaker shall be liable to the Property Owner for any loss, costs, expenses, claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act of omission or the Holidaymaker or of any person in his/her party. If as a result of such damage, the property or any of its contents need to be repaired or any of its contents need to be replaced then the Holidaymaker shall be responsible for paying the reasonable costs of doing so. 

13.2.1 The Property Owner may require the Holidaymaker to pay a sum of money to cover the cost of replacement, repair or cleaning to the property or its contents as a result of the Holidaymaker's occupation ("the Security Deposit"). The Security Deposit will be refunded in full to the Holidaymaker where there has not been any loss or damage to the property or, if there has been loss or damage, the item(s) involved has or have been repaired or replaced to the reasonable satisfaction of the Property Owner or the Holiday Contact. For the purposes of this Condition damage to the property shall include leaving it in a dirty or untidy condition on the day of departure.

13.2.2 When the Company confirms the Holidaymaker's booking, the Company will advise the Holidaymaker of the amount of the Security Deposit (if any) and of the manner in which and to whom it must be paid. 13.2.3 Nothing contained in the Condition 13.2 shall effect the right of the Property Owner to recover any sums from the Holidaymaker under Condition 13.1

14. Complaints

In the unlikely event that the Holidaymaker is disappointed with the holiday accommodation, the Holidaymaker should first contact the Holiday Contact who will use all reasonable endeavours to solve the problem. Where this is not possible, the Holidaymaker should contact the Company. If after that the Holidaymaker still feels that the problem has not been resolved to his/her reasonable satisfaction then the Holidaymaker must within 7 days of returning from holiday, put his/her comments in writing to the Company, marked for the attention of the Customer Services Department. The Company recommends that these are sent by recorded delivery in order that they receive attention as quickly as possible.

15. Death or Personal Injury

Neither the Company nor the Property Owner shall be responsible for the death or personal injury to the Holidaymaker or any number of the Holidaymaker's party save insofar as this results from proven negligence of themselves or their employees.

16. Force Majeure

16.1 The Company shall not be liable for any loss, breach or delay due to any cause beyond the Company's reasonable control including though not limited to Act of God, Explosion, Flood, Tempest, Fire or Accident, War or Threat of War, Sabotage, Insurrection, Civil Disturbance or Requisition, Acts, Restrictions, Regulations, Bye-laws, Prohibitions or Measures of any kind on the part of any governmental, parliamentary or local authority, Embargoes, Strikes, Lock-outs, or other Industrial Actions or Disputes.  Under any such case the Company shall be entitled to treat the contract as discharged.

16.2 In the event of such discharge the Company's liability shall be limited to the return to the Holidaymaker of sums paid to the Company by the Holidaymaker less an administrative charge of £25 to cover the Company's reasonable expenses.

17. Law of the Contract and Jurisdiction

17.1 English law shall apply to all contractual obligations arising out of these booking conditions, which shall be deemed to have come into existence in Ashton Keynes, Wiltshire, England.

17.2 The contractual obligations referred to in 17.1 above shall be subject to the jurisdiction of any of the courts of England, Wales, Scotland or Northern Ireland unless one or more of the parties to the contract is resident outside the United Kingdom at the date the contractual obligations are entered into in which case English courts shall have exclusive jurisdiction.

18. Headings

These Conditions shall be read and considered without reference to their headings which are included for convenience only.

19. Previous Terms and Conditions

These Booking Terms and Conditions supersedes all previous issues.

20. Contract

When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email.

Previous Terms and Conditions These Booking Terms and Conditions supersedes all previous issues. These Terms and Conditions were published by The Owners in March 2013.