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General Terms and Conditions

January 9, 2019 by LHH

These Terms and Conditions apply to all bookings made with us, Luvholidayhomes.com Ltd, a company registered in England and Wales under number 11607843, whose registered address is at 41 Sandringham Close, Wellingborough, United Kingdom, NN8 2EL (“the Company/we/us/our”).  Please read these Terms and Conditions carefully before making your booking.  You should understand that by making booking with us, you agree to be bound by these Terms and Conditions.

 

By making a booking with us, you warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
  • “Consumer” is as defined by the Consumer Rights Act 2015;
  • “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
  • “Website” means www.luvholidayhomes.com; and
  • “You/Your” means you, the person making the booking. If you have made the booking on behalf of any other person(s), you agree to accept responsibility for their actions or lack of actions and will ensure each guest complies with these Terms and Conditions.
    • Unless the context otherwise requires, each reference in these Terms and Conditions to:
      • “writing” and “written” includes emails;
      • “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
      • a clause is a reference to a clause of these Terms and Conditions; and
      • a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
    • The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
    • Words imparting the singular number include the plural and vice versa. References to any gender include the other gender.  References to persons include corporations.

 

  1. Booking
    • These Terms and Conditions govern the booking of all accommodation through us and will form the basis of the Contract between you and us. If you wish to make a booking with us, you will be asked to log in to an account via a third party such as Facebook or Google, which will be used to obtain certain information from you to make the booking.  Our Website will then guide you through the booking process.
    • Where you have made a booking enquiry, we will not process your booking, and no deposit will be payable, until we confirm availability with the accommodation provider. The process will then be as set out in clause 2.3 below.
    • Any booking made 14 days prior to your stay will require 100% of the booking cost to be paid.
    • If your booking is over 15 days prior to your stay you will be have the choice to pay a 50% deposit at the time of making your booking. The remaining 50% would become payable 14 days before your stay .
    • This deposit is non-refundable.  Alternatively, you can pay in full at the time of booking. Your booking constitutes an offer and all bookings are subject to acceptance by us.  We will confirm such acceptance by sending you an email to let you know the booking has been successfully confirmed.  The legally binding contract between you and us will only be formed when we send you this booking confirmation.  Bookings will not be deemed confirmed until 30% of the booking has been paid in full.
    • If you or any of your guests have any special requirements, such as disability access requirements, you should inform us of these before making your booking. We will discuss the facilities with you at this time to ensure the accommodation will be suitable for your needs. The booking will only be confirmed if we send a booking confirmation to you after this time.
    • The final 50% of the booking is payable no later than 14 days before the first date of your stay. We will send an email to remind you of this.  If we have not received payment by this time, we reserve the right to cancel your booking and in this event, and will retain 50% of the total booking fee.
  2. The Accommodation
    • Check-in and check-out times will be detailed in your booking confirmation. Any variation to these times may be possible by prior arrangement, however we cannot guarantee this.
    • You are required to conduct yourselves in a reasonable and responsible manner at all times when at the accommodation. Any specific rules will be set by the property owner and will be made available to you when making your booking.  If you or any guest fails to abide by these rules, you may be denied entry or you may be asked to leave.  In this event, we will retain all amounts paid for the booking and no sums will be refunded to you.
    • Unless otherwise specified, smoking, vaping or the use of e-cigarettes is not permitted at the accommodation. Failure to adhere to this will result in you being charged for any and all costs incurred by us or the property owner in cleaning the accommodation (including fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment.
    • Children under the age of 18 may not stay unless accompanied by an adult.
    • We will charge you for any and all damage caused by you to the accommodation, any equipment, property and the surrounding areas during your stay.
  3. Price and Payment
    • All payments made via the Website will go through a third party payment gateway, such as PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and payment gateway and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
    • The price for the booking will be as stated on our website current at the date of your booking, except in the cases of obvious error, or such other price as may be agreed in writing by us. We are under no obligation to provide the booking at the incorrect (lower) price, even after we have sent you a booking confirmation, if the price error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
    • If the booking is made within 3 days of the first date of the stay, the total price is payable in full at the time of booking.

 

  1. Cancellation
    • If you wish to cancel or reschedule your booking, you may do so at any time by contacting us in writing.
    • If you give us more than 15 days’ notice before the start date for your stay, the deposit is non-refundable but no further payments will be due.
    • If you give us less than 14 days’ notice before the start date for your stay, we will retain all amounts paid for the booking and if you have not yet paid the final balance, we will invoice you for this and it will become immediately due and payable.
    • We may, at any time before you check in, cancel a reservation booked by you if the required accommodation and/or personnel and/or other resources necessary for the provision of the booking are not available due to any cause outside our reasonable control. If we cancel a booking in such circumstances, we will aim to offer you alternative accommodation of the same standard or better if it is available.  If it is not available or we offer it to you and you decline it, we will refund to you in full any deposit or other advance payment that you have made to us for your booking.

 

  1. Data Protection: We respect and value your privacy and also the security of your data. Information that you give to us when contacting us will be used only for the purpose of the booking.  All personal data you provide to us will be held in accordance with the General Data Protection Regulation 2016.  For further information, please refer to the privacy policy on our Website.
  2. Limitation of Liability
    • Subject to clause 7.4, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • All property you leave at the accommodation is done so at your own risk.
    • We provide our services for your personal use/purposes. We make no warranty or representation that the services are fit for commercial, business, industrial, trade or professional purposes of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • If you are a Consumer, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
      • the Consumer Rights Act 2015;
      • the Regulations; or
      • any other consumer protection legislation;

as that legislation may be amended from time to time.

  • For more information on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Regulations: We are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your request to make a booking) except where that information is already apparent from the context of the transaction.  We have included the information itself either in these Terms and Conditions for you now, or we will make it available to you before we accept your request to make a booking.  All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.

 

  1. Information: As required by the Regulations, all of the information described in clause 8 and any other information which we give to you about our services or the accommodation, which you take into account when deciding to make a booking, will be part of the terms of our contract with you as a Consumer.

 

  1. Events O utside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: adverse weather, power failure, strikes or other industrial action by third parties, acts of terrorism or war, or any other event that is beyond our reasonable control.
  2. Complaints: We always welcome feedback from our customers and, while we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.  Please make any complaint to us in writing to contact@luvholidayhomes.com.

 

  1. Our right to vary these Terms and Conditions: We have the right to revise and amend these Terms and Conditions from time to time and will publish the new Terms and Conditions on our Website as soon as is reasonably possible.

 

  1. Other Important Terms
    • We may transfer (assign) our obligations and rights under the contract to a third party (this may happen, for example, if we sell our business). If this occurs we will inform you in writing.  Your rights under the contract will not be affected and our obligations under the contract will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under the contract without our express written permission, which will not be unreasonably withheld.
    • The contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the contract.
    • If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the contract or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by either party in exercising any rights under the contract means that we or you have waived that right, and no waiver by either party of a breach of any provision of the contract means that we or you will waive any subsequent breach of the same or any other provision.

 

  1. Law and Jurisdiction
    • These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
    • Any dispute, controversy, proceedings or claim between you and us relating to the contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.