Selfcateringhols Limited Booking Terms & Conditions

It is agreed as follows:

  1. Definitions and interpretation
    1. In this Agreement, unless the context otherwise requires:
      • (a) words in the singular include the plural and vice versa and words in one gender include any other gender;
      • (b) a reference to any regulations, guidelines or the like issued by any applicable regulatory body shall be deemed to include any renewal, replacement or amendment of such regulations or guidelines;
      • (c) a reference to:
        • (i) any party includes its successors in title and permitted assigns;
        • (ii) a "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
        • (iii) a Clause or Schedule is to a clause of or a schedule to this Agreement;
      • (d) the table of contents and the headings of Clauses are for convenience only and shall not affect the interpretation of this Agreement;
      • (e) any undertaking under this Agreement not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
    2. In these terms and conditions the following words have the following meanings:

      • "Agreement" the agreement between the parties as set out herein, including the Schedules;
      • "Commencement Date" the date of the acceptance of the terms and conditions by the customer;
      • "Confirmation of Booking" confirmation e-mail sent by SCH;
      • "Customer" the person wishing to book a holiday (holidaymaker);
      • "Data" information provided to SCH by the Customer;
      • "Deposit" 30% of the total amount to be paid for the Holiday;
      • "Documentation" means any documentation provided by SCH to the Customer in its provision of the Services;
      • "DPA" means the Data Protection Act 1998 any applicable EU Directives or Regulations relating to data protection;
      • "Force Majeure" has the meaning described in Clause 14;
      • "Holiday" dates to and from which the customer wishes to reserve the property;
      • "Network" means the hardware, software and systems used by SCH to provide the Services;
      • "SCH" Selfcateringhols Limited;
      • "Security Bond" Refundable monies which may be collected by the Property Owner and may be retained by the Property Owner in the event of any damage caused to the Property by the Customer;
      • "Services" Means the provision of a website showing self-catering properties that can be booked through the website and the linking of the Customer and the Property Owner
      • "Properties" Means the addresses being the locations from, to or in respect of which the Services are to be provided;
      • "Term" means the period from Confirmation of Booking until the end of the Holiday.
      • "Property Owners" means the owners of the Properties
  2. Variations
    1. No variation of these conditions shall be effective unless agreed in writing between an authorised representative of SCH and an authorised representative of the Customer.
    2. If the Customer wishes to alter the booking in any way (e.g. change the holiday dates or the number of people or pets) SCH reserves the right to charge a £20 administration fee.
  3. Term
    1. This agreement commences on the Confirmation of Booking and continues in force for the Term unless terminated in accordance with Clause 10.
  4. Provision of Services
    1. SCH agrees to reserve to the Customer the selected property on and from the Date of Confirmation for the Term for the dates of the Holiday.
    2. SCH will not be in breach of its obligation under 4.1 to the extent that it is unable to meet its obligations due to the following:
      • (a) the Customer's or the Property Owner's failure to comply with its obligations under this Agreement;
      • (b) any act or omission of a third party providing products or services that are required by the Customer to reserve the property;
      • (c) any fault in equipment or software not forming part of the Network;
      • (d) maintenance of the Network; and
      • (e) Force Majeure.
  5. Property availability
    1. In the event of a Property not being available for any reason for a booking already taken by SCH, SCH reserve the right to offer the Customer alternative accommodation.
    2. Notwithstanding Clause 5.1 in the event of a Property not being available for any reason for bookings already taken by SCH the Customer's redress is solely with the Property Owner and SCH can accept no liability.
  6. Obligations of the Customer
    1. The Customer must ensure that it does not use the Services to transmit or process any material that:
      • (a) is defamatory, offensive or obscene;
      • (b) infringes the rights of any person (including right of copyright or confidentiality); or
      • (c) breaches applicable laws or regulations in all applicable jurisdictions.
    2. The Customer must:
      • (a) complete the electronic booking form accurately confirming the exact numbers of people and pets wishing to reserve the property;
      • (b) ensure payment is made in accordance with Clause 9 of this Agreement;
      • (c) use the Property only for the Period of time stated in the Confirmation of Booking;
      • (d) if taking pets on holiday ensure that the terms in Clause 7 are complied with; and
      • (e) ensure that the property is left in the condition in which it was found.
    3. The Customer is solely responsible for:
      • (a) ensuring that its equipment connected to the Network complies with all regulatory conditions and has all approvals necessary to allow it to be connected to the Network;
      • (b) obtaining adequate insurance for specific equipment installed at the Sites that enables connection to the Network;
      • (c) the content and accuracy of any data or information which the Customer sends or receives using the Services;
      • (d) ensuring any Security Bond agreed between the Customer and the Property Owner is paid to the Property Owner.
  7. Pets
    1. Pets are welcome at some of the properties at an extra weekly charge per pet, subject to the following conditions:
      • (a) pets must be kept under control at all times;
      • (b) pets must not be left alone or unattended in the property;
      • (c) the Customer must take a basket for the pet to sleep in and must ensure that the pet does not sit or get on to the beds or furniture;
      • (d) pets must have been successfully treated for any disease, worms and fleas in preparation for the holiday;
      • (e) the property and surroundings must be kept free of any fouling and pet hairs.
    2. The cost of correcting any damage caused by the pet or cleaning required must be met by the Customer and may be deducted from the Customer's Security Bond.
  8. Changes to the Services
    1. This Clause relates to changes to the Services and to the provision of additional services.
    2. SCH has the right to make a change to the Services without the consent of the Customer, if SCH, acting reasonably, considers it necessary to do so.
    3. Without limiting the operation of Clause 8.2, SCH may implement a change to the Services where it arises from:
      • (a) an impairment of the integrity or availability of the Network;
      • (b) a substantial impairment of the Services;
      • (c) necessary compliance with applicable law or regulations; or
      • (d) breaches of the obligations of the Customer.
  9. Prices and Payment
    1. To secure a Booking the Customer must pay a Deposit to SCH.
    2. The balance (total cost of Holiday less Deposit) is to be paid to SCH 2 months prior to the start date of the Holiday.
    3. Notwithstanding Clause 9.1 and 9.2, if the Booking Confirmation is received less that 2 months prior to the Holiday then the full amount of the holiday is to be paid to secure a Booking.
    4. SCH reserves the right to charge daily interest on all outstanding amounts until payment is received in full at a rate equal to 4% per annum above the base rate of Barclays Bank PLC Base Lending Rate as current from time to time. Such interest shall be calculated from the date the amount becomes payable.
  10. Cancellation
    1. Upon cancellation by the Customer, SCH will retain any deposit paid and reserves the right to retain all the monies already paid to SCH if cancellation is made less than two months prior to the start of the holiday.
    2. Notwithstanding Clause 10.1 if SCH manages to re-let all or part of the holiday SCH will refund 70% of the total amount paid by the new Customer for the period relating to the original booking period.
    3. SCH reserves the right to cancel a reservation if the total payment has not been received from the Customer 6 weeks prior to the Holiday or, in the case of Holidays reserved less than 2 months prior to the Holiday, if the total payment has not been received 10 days from the Booking Confirmation.
    4. In the event that SCH cancels the Holiday due to non-payment as set out in 10.3, any monies already paid by the Customer will be retained by SCH.
    5. SCH reserves the right to cancel a reservation, terminate a Holiday and retain all monies paid by the Customer in the event that the number of people and/or pets is in excess of that identified on the booking form.
    6. SCH reserves the right to cancel a reservation, terminate a Holiday and retain all monies paid by the Customer in the event that any member of the Customer's party causes damage to the Property or an unreasonable disturbance.
    7. In the event of a Property not being available for any reason for a Booking already taken by SCH on the Property Owner's behalf, the Customer shall seek any refund from the Property Owner and SCH shall have no liability.
  11. Disputes
    SCH will endeavour to mediate in the event of a dispute between the Property Owner and the Customer but accept no liability either for any damage caused to the Property by the Customer or for any failure by the Property Owner to satisfy the Customer's requirements.
  12. Confidentiality and data protection
    1. SCH will maintain security safeguards against:
      • (a) unauthorised or unlawful processing of Data; and
      • (b) the loss or destruction of the Data in accordance with the DPA.
    2. Neither party shall use, copy, adapt, alter, disclose or part with possession of any business, employee or customer information or data of the other which is disclosed or otherwise comes into its possession directly or indirectly as a result of this Agreement and which is of a confidential nature ("Information") except as strictly necessary to perform its obligations or exercise its rights under this Agreement.
    3. The obligations described in Clause 12.2 will not apply to Information which:
      • (a) the receiving party can prove was in its possession or in the public domain at the date it was received or obtained; or
      • (b) the receiving party lawfully or properly obtains without obligation of confidentiality; or
      • (c) comes into the public domain otherwise than through the default or negligence of the receiving party; or
      • (d) was independently developed by the receiving party without reference to the Information of the other party; or
      • (e) with the prior consent of the other party (such consent not to be unreasonably withheld or delayed) is disclosed to obtain or maintain any listing on any recognised stock exchange; or
      • (f) is required to be disclosed to a court or a body having similar authority provided that the other party is given prompt notice and, at the other party's request and expense, the receiving party uses reasonable endeavours to obtain a protective order and otherwise to protect the Information.
    4. SCH reserves the right to use the data to send mail shots or newsletters.
  13. Intellectual Property Rights
    1. The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to SCH, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without SCH's written permission. A single copy may, however, be downloaded or printed for non-commercial off-line viewing.
    2. The Customer acknowledges that all proprietary and intellectual property rights in the Network and Documentation provided to the Customer by SCH remains with SCH.
    3. SCH grants to the Customer a non-exclusive, non-transferable licence to use the SCH Software and Documentation for the sole purpose of receiving the benefit of the Services.
  14. Force Majeure
    1. SCH shall not be liable for failure to perform its obligations under this Agreement to the extent that such failure is caused by any cause beyond its reasonable control. Without prejudice to the generality of the foregoing, and without limitation, the following shall be regarded as causes beyond SCH's reasonable control:
      • (a) Acts of God, explosions, flood, tempest, lightning or fire, act or accident;
      • (b) acts of terrorism;
      • (c) omission of Government, highways authorities, war or the threat of war, military operations, sabotage, riot, insurrection, civil disturbance or requisition;
      • (d) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of SCH or third parties);
      • (e) import or export restrictions or embargos;
      • (f) failures of third party suppliers;
      • (g) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
      • (h) power failure or breakdown of machinery or the Network.
  15. Liability
    1. This Clause sets out the entire liability of each party (including any liability for the acts and omissions of its employees, agents and subcontractors) to the other party in respect of:
      • (a) any breach of its contractual obligations arising under this Agreement; and
      • (b) any representation (but not a fraudulent misrepresentation), statement or tortious act or omission including negligence or any other legal liability in connection with the subject matter of this Agreement.
    2. Except as expressly provided in this Agreement SCH excludes all representations (but not fraudulent misrepresentations), terms and warranties, express or implied, or any duty at common law regarding the Services contemplated by this Agreement, including but not limited to the implied terms of satisfactory quality or fitness for a particular purpose and the implied term of reasonable skill and care.
    3. Subject to Clauses 15.1(a), the aggregate liability of each party to the other party for loss or damage arising out of or in connection with any breach of its obligations under this Agreement shall not exceed a sum equivalent to the total cost of the Holiday payable by the Customer.
    4. No responsibility can be accepted by SCH for loss or damage to the Customer's property (including motor cars) however caused.
    5. Every care has been taken to ensure the information given in this site is as accurate as possible, but SCH cannot be held responsible for any inaccuracies.
  16. Assignment and sub-contracting
    1. SCH shall be entitled to assign and SCH may subcontract any of its obligations under this Agreement to a third party without notice to the Customer and without the Customer's consent.
    2. The Customer may not assign any of its rights or obligations to another person without the prior written consent of SCH.
  17. Third party rights
    1. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
  18. Service of notice
    1. Any notice, invoice or other document which may be given by either party under this Agreement shall be deemed to have been duly given if left at or sent by pre-paid recorded delivery post, email or facsimile transmission (confirmed by letter sent by pre-paid recorded delivery post) to each party's principal or registered office or any other address notified to each other in writing in accordance with this Clause as an address to which notices, invoices and other documents may be sent.
    2. Any such communication shall be deemed to have been made to the other party 4 days from the date of posting (if by letter) and if by email or facsimile transmission on the day of such transmission.
  19. General
    1. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any other occasion.
    2. If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of this Agreement shall not be affected.
    3. This Agreement may only be modified if such modification is duly authorised by a representative of each party.
    4. This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all agreements made by either party, whether oral or written. The parties agree that, save as expressly set out herein, neither party will have any liability for any untrue statement or representation made by it (whether innocently or negligently) upon which the other party relied in entering into this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement shall prevail over any inconsistent terms and conditions in any other agreement between the parties or referred to in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.
    5. The parties shall use all reasonable endeavours respectively to procure that any necessary third party shall, do execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require by notice in writing to any other party to carry the provision of this Agreement into full force and effect.
  20. Governing Law
    1. These terms and conditions shall be governed by and construed and interpreted in accordance with the law of England and Wales.
    2. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.