Terms & Conditons, Potter Heigham, Norfolk Broads - Swan, Heron, Coot, Grebe, Swift, Kingfisher, Marshview, Waters Edge, Mallard, Bittern, Broadlands, Swallowtail and Dragonfly Apartment

Property Prices 2015
Short Breaks are available on all properties. Short breaks can start on either a Friday or Saturday for 3 nights or a Monday or Tuesday for 4 nights, subject to availability. During peak holiday weeks short breaks can only be booked 10 days in advance.

Cottage Arrival Times
Weekly holidays: Arrival time from 4.00pm and vacated by 9.00am.
Short break: Takeover time from 2.30pm and vacated by 9.00am.

Property Prices 2015
A 25% deposit will be required on booking, the remainder to be paid in full 8 weeks prior to the start date of your holiday.

Optional Extras

Payment of Balance
Please note that the balance of hire terms and any extra charges and deposits should be paid 56 days in advance of your holiday start date unless otherwise stated on the booking confirmation. Receipts are issued to all customers.

Cancellation Protection is included in the brochure price. Cover is obligatory and is automatically provided against loss of your deposit and liability to pay the balance of hire charges if you have to cancel or curtail your holiday for certain unavoidable reasons. (Please refer to paragraph 8 on the terms and conditions)

Please Note: Due to changes in financial regulations we are no longer able to offer personal insurance cover (we recommend you arrange private cover).

Qualifying Reasons for Cancellation
• Death, illness, bodily injury, pregnancy or childbirth providing pregnancy commences after the insurance is affected.
• Jury service, witness call.
• Redundancy of hirer or their partner. Cancellation of arranged leave in respect of a member of HM Forces or police or unexpected occupational posting within six weeks of the commencement date of the holiday or fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable.
• Police requiring presence following a burglary or other incident at home or place of business.
• Death, serious injury or serious illness of any member of your immediate family, fiancé(e), close business associate, partner or co-director.

Winter Holidays
Our cottages & apartments are available for winter holidays.

Payments by credit card
There will be a surcharge of 1.5% on any payment made by credit card, this does not include debit cards. Please note that we do not accept American Express, Visa Electron or Diners Club cards.

Complaints
In the event that you find a problem with your cottage/apartment or the service we provide we ask that you bring this to our attention as soon as possible during your holiday to give us the opportunity to rectify the problem (see clause 13).

Our 2015 brochures are prepared many months in advance of the holiday season to which it relates, so changes may be made to the information contained in it. If any significant changes occur before you have booked, we will endeavour to tell you at the time of booking or pass on the necessary information to you. The prices contained in the brochure are correct at the time of going to print.

1. Your Contract
The owners act as booking agent for all of the cottages. When you book one of these properties you are entering directly into a contract with the property owner. As the owners acts as agent when taking your booking, we accept no legal responsibility for any contract you enter into for the accommodation or for the acts or failure to act of any owner or third party connected with your booking.

The contract to hire a cottage or Apartment listed in this brochure and current supplements incorporates conditions below and does not take effect until the owners dispatch written confirmation of your booking to you. The contract is made in England and is governed in all aspects by English Law.

2. Booking
All Correspondence will be sent to the address on the booking form. the owners may refuse to accept a booking at its discretion and will not accept any booking form signed by a person less than 18 years old.

3. Payments
On booking you will be required to pay a booking deposit in part payment for the cost of your property. It will be refunded if your booking is not confirmed by the owners. The balance of the holiday price must be received by the owners no later than 56 days before the holiday start date. If booking within 56 days, full payment must be made when booking. If booking within 14 days of the start date, full payment must be made by debit or credit card. It is not normal practice to send reminders and if final payment is not received as required, the owners may cancel the booking and apply charges (see paragraph 8). Travel documents will not be released until full payment has been received by the owners. Post-dated cheques are unacceptable and the owners may recover the cost of any bank charges or other costs incurred in handling dishonoured cheques, direct bank payments and foreign currencies. When making a payment by credit card (but not debit cards), there will be a surcharge of 1.5% of each payment.

4. Price Guarantee
The owners guarantees that there will be no surcharges within 56 days of your departure but reserves the right to alter the price of any of its holidays before you make your booking.

5. Hire Terms
All hire terms are inclusive of VAT and quoted in £ sterling per property per week/short break equipped as described unless otherwise stated. As soon as the booking is confirmed by the owners, the hire terms are guaranteed unless there is a change in the rate of VAT.

6. Insurance
Insurance against cancellation or curtailment of your holiday is mandatory – this is included in the holiday price. We also strongly recommend that you have adequate personal insurance cover for your holiday needs.

7. Alterations by You
If you wish to change your booking after the owners has issued your confirmation, the owners will do its best to help but has no obligation to make any change other than to allow you or any member of your party to transfer the booking to another party or parties, provided that written notice is received from the person who signed the booking form. Transfer from one cottage to another within this brochure maybe possible. If the owners is able to make changes, an administration fee of £25 will be charged. Please note that major changes may be treated by the owners as a cancellation by you and will be subject to charges referred to in paragraph 8. Any change you wish to make to your holiday once it has been confirmed is your sole responsibility.

8. Cancellation by You
If you are forced to cancel your booking you must notify the owners immediately by telephone and send written confirmation (signed by the person who made the booking) by Recorded Delivery to Potter Heigham and enclose your booking confirmation. The cancellation will be effective from the date the owners receives written confirmation. If the reason for cancellation is within the terms of the the owners cancellation protection, you will receive a refund of monies paid less the cancellation administration charge of £35. If the reason for cancellation falls outside its terms, the owners will make a charge as below.

(a) Cancellation 56 days or more prior to start date: the owners will retain the initial payment only. If you have not paid the full initial payment shown in the brochure at the time of booking, you must pay the shortfall.

(b) Cancellation less than 56 days before start date (or if the owners cancels because you fail to pay the balance of the holiday price as required by paragraph 3) - you will be liable to pay the whole balance less any hire charges the owners may be able to recover by re-letting the cottage. If you have received your Herbert Woods travel documents, no refund (if due) will be made until these are received back by the owners. It is not possible to make refunds for any other services booked but not used.

9. Alterations by the owners
the owners reserves the right to make changes when they become unavoidable or necessary. Most changes are minor but occasionally we may have to make a major change. If we have to make a major change or cancel we will inform you as soon as possible and if there is time before your arrival, we will offer you accommodation of at least equivalent standard, in which case no compensation will be paid. If that is not possible you may choose to:

(a) Purchase an alternative the owners holiday (where available) with credit being given for the price of the cancelled holiday less credit card surcharges; or

(b) Cancel and receive a refund of money you have paid less credit card surcharges.

10. Cancellation by the owners
the owners will not cancel your holiday within 56 days of your departure unless it has to for reasons in paragraph 11 or unless payment is not received as per paragraph 3. the owners may cancel your holiday at its absolute discretion on or before the date when payment of the full holiday price becomes due. If the owners cancels, they will inform you as soon as reasonably possible and you will be offered either:

(a) A holiday of comparable standard (if available) together with a full refund of any price difference; or

(b) A full refund of any monies you have paid less credit card surcharges.

the owners may at its absolute discretion refuse to hand over a property or terminate a holiday where, in the opinion of the owners a person or group is likely to cause damage, distress or annoyance to other persons or property. In such an event, the owners will be under no obligation to refund, compensate, or indemnify you.

11. Important note
No compensation will be paid by the owners where cancellation or material change arises from:

(a) Unusual or unforeseeable circumstances beyond the owners's control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions including flooding of waterways.

(b)Your failure to pay the balance of the holiday price within the time stipulated.

(c) As a result of your behaviours as set out in paragraph 10 above.

12. Start and finish of your holiday
(a) Unless otherwise stated, the arrival time is 4.00pm on a one week hire and 2.30pm on a short break hire.

(b) Non-arrival at the boatyard by mid-day on the day following start date without prior notification shall entitle the owners to treat the booking as cancelled as per paragraph 8.

(c) Unless otherwise stated you must vacate the property leaving it in a clean and tidy condition by 9am on the final day of hire. The property will be inspected and a charge will be made if it is not clean and tidy.

13. Accidents
You (the Hirer) are responsible for your own safety and the safety of each member of your party and you must take all reasonable care. In the case of any accident or damage to the property you must, for insurance reasons:

(a) Immediately report these facts to Reception with full details and extent of the damage; and

(b) On vacating the property at the end of your holiday you must inform the owners of any damage or items broken.

14. Injury or Damage to you or your property
The owners are not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the hirer or any member of the hirer's party (including any motor cars or their contents parked at the boat yard) unless it is caused by the owners's negligence or wilful default.

15. Party Members with limited mobility
If you have any members of your party with limited mobility, you must enquire as to the suitability of the property at the time of booking. Whilst no guarantee can be given, the owners will offer assistance and advice so far as is practical.

16. Pets
One pet is normally allowed per cottage, at an extra charge, unless otherwise stated in the individual property details.

17. Modifications and Descriptions
Every effort has been made to ensure that individual property descriptions contained in the brochure are correct. However, the right is reserved to make modifications to decor and furnishings that are considered necessary. Layout plans in the brochure are for general guidance and are not to scale. Our cottages & apartments are re-furbished regularly therefore the interior colour scheme of your property may not be identical with the one shown in the brochure.

18. Disputes
Any dispute, difference or question which may at any time arise out of the contract or the subject matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act, 1950, or any statutory modifications or re-enactment thereof for the time being in force. These conditions supersede all previous issues.