Booking Terms
Booking Terms
Welcome to The Three Daggers!
These booking terms outline the rules and regulations for the use of The Three Daggers' Website, located at threedaggers.co.uk
Booking Terms
1. Interpretation
1.1 In these terms the following expressions have the following meanings unless the context requires them to be interpreted differently:
“Booking Fee” means the sum payable by you to reserve the Property for the Term;
“Booking Partner" means the person or organisation operating the Website through which you book the Property for the Permitted Use;
“Deposit” means a deposit of 1/3rd of the Rent;
“Force Majeure” means:
a) any inability or failure by us to perform our obligations under the booking or to provide the services, reservation, Property, or activities subject to the booking, in whole or in part, for any reason beyond our control; or
b) your inability to travel to, access, use or enjoy the services, reservations, Property, or activities subject to the booking, in whole or in part, for any reason beyond your control.
c) Without limiting the foregoing, a Force Majeure also includes, without limitation, any event caused by an act of God; flood; fire; storm; destruction; inclement weather or a change of conditions which limit or affect the ability to access or use the Property or participate in activities, such as the ability to travel to or stay at the Property or activities; rain, snow storms or other adverse or unfavorable weather threats or conditions, or insufficient or unavailability of snow, water or other natural or man-made resources; strike; lockout; war; riot; insurrection; government or civil authority order or action; embargo; quarantine; pandemic, virus or other disease; health or safety guidelines, advisories or restrictions; state, country or local government or civil authority travel bans, closures, advisories or restrictions; legal restrictions, or compliance with any applicable state, federal or local government or civil authority laws, rules, ordinances or regulations or changes thereto; government or civil authority ordered shut downs or cessation of business or activities; administrative evacuation; or any other cause beyond either party’s control, whether or not related to any of the foregoing.
“Holidaymaker” “you” and “your” means the lead person making the booking of the Property for the Permitted Use and each person going on holiday to the Property with you on your booking;
“Owner” “we”, “us” or “our” means the owner or operator of the Property you book;
“Permitted use” means use of the Property for the purpose of a fixed term holiday only;
“Pre-Authorisation” means the placing of a temporary hold of a specified monetary amount on your debit or credit card when you book, which is payable to us in the event of non arrival, late cancellation, early departure or material damage to the Property;
“Property” means the holiday property you book;
“Rent” means the sum payable as a result of the booking for you to use the Property for the Term;
“Term” means the period for which the Property has been booked; and;
“Website” means the website on which the Property is advertised for booking and through which a booking has been made.
1.2 When you make a booking you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully.
1.3 The headings are included for ease of reference. They shall not be treated as affecting the meaning of the provisions to which they relate.
1.4 Any obligation on the part of the Holidaymaker can be enforced against all of the Holidaymakers jointly and against each individually.
2. Booking
2.1 When you make a booking the contract to occupy the Property for the Permitted Use is between you and us.
2.2 Bookings cannot be accepted from persons under 18 years of age.
2.3 The Property is only to be used by you for the Permitted Use.
2.4 No booking is valid until confirmed either by us or our Booking Partner in writing (by email).
2.5 Once a booking is confirmed it cannot be changed by you, unless agreed by us. If we agree to make changes to your booking there may be an additional fee payable. To amend or cancel your booking contact us directly using the email address contained within the booking confirmation.
3. Booking fee, deposit, pre-authorisation and other payments
3.1 The total amount payable to confirm the booking will be charged to your credit or debit card provided at the time of Booking.
3.2 A Deposit may be taken at the discretion of the Owner as part payment of the Rent. In this case the remainder of the Rent will be due 30 days before the commencement of the Term after which time both the Deposit and remainder of the Rent will be non-refundable as per the cancellation terms in section 7. Should you not pay the balance in full when due, we reserve the right to cancel the Booking in full at which point the Deposit will become non-refundable.
3.3 No interest will be payable to you in respect of the Deposit.
3.4 Any additional goods and services purchased during your stay at the Property must be paid in full on presentation of invoice at check-out.
3.5 We may, at our absolute discretion, take a Pre-Authorisation for potential payment of damages or unpaid goods/services accrued during your stay. The ability to charge you through Pre-Authorisation will remain for the duration of the Term and as necessary after the end of the Term until such time as we have had a reasonable opportunity to assess the condition of the Property and assess cost of any cleaning, repairs or replacements required as a result of any breaches of your obligations. This may also be extended as required until such time that any discrepancy or dispute with regard to damages or unpaid invoices for goods/services has been resolved. In all cases reasonable charges may be made to the Pre-Authorisation by us to cover any reasonable costs incurred or losses caused to us by any breaches of your obligations in these terms or any damage caused to the Property during the Term.
3.2 In the event of damage to, or destruction of, the Property by any of the risks insured against by us, you shall be relieved from payment of the Rent to the extent that your use and enjoyment of the Property is thereby prevented and you shall be relieved from performance of your obligations as to the state and condition of the Property to the extent of and so long as there prevails such damage or destruction (except to the extent that the insurance is prejudiced by any act or default by you).
4. Our responsibilities
4.1 We will insure the Property and contents, if any. We will not provide insurance cover for any of your property or possessions.
4.2 Subject to payment of the Rent, we will make the Property available for your occupation during the Term for the Permitted Use.
4.3 We will ensure that:
4.3.1 the Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
4.3.2 suitable arrangements are made for you to access the Property;
4.3.3 all Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow the Owner or any representative, including us, to access to the Property if reasonably required during the Term).
5. Your responsibilities
5.1 By booking the Property you agree that you will ensure that you and all Holidaymakers will:
5.1.1 keep the interior of the Property during the Term in as good and clean state of repair condition and decoration as the Property is at the commencement of the Term;
5.1.2 not damage or injure the Property or make any alteration or addition to the Property and report to us any damage or breakages made during the Term and pay for any such breakages and/or damage;
5.1.3 yield up the Property at the end of the Term and leave all things in or at it in the same clean state and condition it was in at the beginning of the Term. If you fail to do this, the cost of us arranging the same will be charged to you or be taken from your Pre-Authorisation;
5.1.4 not do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium payable;
5.1.5 Any pets must be kept under strict control at all times and must not be left unattended in the Property. You will be responsible for all damage caused by the pet(s) and for any extra cleaning required;
5.1.6 not assign sublet or part with possession of the whole or any part of the Property;
5.1.7 not use or occupy the Property in any way whatsoever other than as a private holiday residence for occupation by the Holidaymakers;
5.1.8 to ensure the Property is fully locked (including all windows and doors) and secured whenever unoccupied;
5.1.9 to handover to us or our agents on the last day of the Term all keys to the Property;
5.1.10 not smoke at the Property nor allow anyone else to smoke at the Property;
5.1.11 not allow more than the maximum number of people or pets to stay at the Property as stated on the Website and in direct correlation to the number of beds provided by us for your use at the Property;
5.1.12 at all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or their guests (if allowed at the Property) or pets do anything which is illegal, or may cause unreasonable damage, noise (including loud music or parties), behaviour or disturbance;
5.1.13 not enter the Property before the stated arrival date and time and will leave the Property at or before, but no later than, the stated departure date and time;
5.1.14 not play or allow to be played music or other sounds that can be heard outside of the Property after 10pm. Holidaymakers or their guests (if allowed) agree that they may be required, at the absolute discretion of the Owner, to leave Property before their end of the Term if they do not comply and that the Rent will be forfeit without deduction or set-off. All Properties are monitored for noise.
5.2 We will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities.
6. Cancellation by us
6.1 We reserve the right to terminate your booking and the Term immediately without being liable for any refund or compensation where you engage in unacceptable behaviour, if you breach the terms of this agreement or cause a disturbance or nuisance to other guests neighbours or residents.
6.2 If we cannot make the Property available to you for your booking we will try to find you suitable alternative accommodation or we will arrange a refund of all amounts you have paid towards the accommodation cost (including any Deposit and any Booking Fee). We will not be responsible to pay any compensation, interest or expenses as a consequence of such an event.
7. Cancellation by you
7.1 When you confirm a booking you are agreeing to the cancellation policy as outlined at the time either with us or with a Booking Partner. These terms are made clear in the booking procedure and include terms for when a refund may be granted.
7.2 Bookings made through a Booking Partner may have different cancellation terms in which case the terms as agreed to/by the Booking Partner may supersede the cancellation terms as outlined by us at the time of booking.
8. Communications with you and data
8.1 We may process the information you provide to us for the purposes notified by us to the Information Commissioner. By making a booking, you consent to this processing of information.
9. Limitations of liabilities
9.1 We shall not be liable or in breach of these terms for any delay, inability, breach or default in performing any obligation under these terms or in connection with any activity, whether in whole or in part, resulting from a Force Majeure or from any events outside our reasonable control, such as the breakdown of domestic appliances, plumbing, heating, provision of utilities, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.
9.2 Other than for death or personal injury caused by our negligence or misrepresentation, our total liability to you is limited to the Rent and to the fullest extent permitted by law all warranties are excluded and in no circumstances will we be responsible for any indirect or special damages.
9.3 We will not be liable for failure to perform to the extent that the failure is caused by any factor beyond our reasonable control.
9.4 You are responsible for any damage or loss caused to us or the Property by your act, omission, default or neglect and you agree to indemnify us and to pay us on demand the amount reasonably required to make good or remedy any such damage or loss.