The Booking Terms and Conditions clearly describe the booking policies and procedures and clarify the contractual relationship between you and the Owner of the property.
It is important to read these Booking Terms and Conditions, we appreciate that it might be tempting to skip, but these form part of your engagement with Us and respectfully ask that you read them.
1. Our contract with you
1.1 These are the terms and conditions on which ‘Your Devon Escape’ hereafter referred to as ‘We, Our or Us’ supply the Accommodation to You, the guest.
1.2 We act as the agent for and on behalf of the property owner, hereafter referred to as the ‘Owner’ to provide the chosen holiday property via an on-line Booking (your request for accommodation).
1.3 The Property, as defined in the booking is only the property as detailed in the Booking and cannot be changed with any other property.
1.4 Please ensure that you read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before you submit the on-line Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
1.5 When you submit the Booking to Us, this does not mean We have accepted your order for Accommodation. Our acceptance of the Booking will take place as described in clause 1.6. If We are unable to supply you with the Accommodation, We will inform you of this in writing and We will not process the Booking.
1.6 The contract of hire is deemed to have been made once a deposit of at least 30% of the holiday price (or total amount if within 6 weeks of commencement of the holiday) has been paid, and completion of the online booking form and confirmation of booking has been despatched by Us to the guest. It is a contract of tenancy between the owner of the property and the tenant, with Us acting as booking agent on behalf of the owner.
1.6.1 The balance payment is due 6 weeks before the holiday commences. If the balance is not received by the date due on the booking confirmation, We, at Our discretion, reserve the right to make the property available for re-booking. This does not release the guest from their obligation and the deposit paid will not be refunded under any circumstances.
1.7 If any of these Terms conflict with any term of the Booking, the Booking will take priority.
1.8 We shall assign a reference number to the Booking and inform you of it when We confirm the Booking. Please quote the order number in all subsequent correspondence with Us relating to the Booking.
1.9 All Bookings will be made on-line only through the website and via email.
1.10 The maximum number of people who can stay in the Property will be annotated on the property description and You promise that you will not exceed that number.
1.11 You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless you notify us otherwise and we agree the same in advance). Your Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the security deposit or otherwise) in the event that you have not left the Property by the agreed departure time.
1.12 Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.
2. Changes to booking or terms
2.1 We may revise these Terms from time to time in the following circumstances:
2.1.1 changes in how We accept payment from you;
2.1.2 changes in relevant laws and regulatory requirements; or
2.1.3 if We have a valid commercial reason to do so.
2.2 If We have to revise these Terms under clause 2.1, We will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
2.3 You may request a change to the Booking for Accommodation by contacting Us. Any changes to the Booking:
2.3.1 are permitted at the sole discretion of Us or the Owner;
2.3.2 may incur a charge of £25;
2.3.3 that results in a change in the total price of the Accommodation, We will notify you of the amended price in writing.
2.4 If you wish to cancel a Booking before the start date for Accommodation, please see your right to do so in clause 9.
3. Providing accommodation & restritcions
3.1 We will supply the Accommodation to you for the period set out in the Booking. If the tenant has any complaint in respect of the property, it must be reported to the Us within 24 hours of arrival to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered if you deny Us or the Owner the opportunity to rectify matters during the Holiday period.
3.2 Access to the Property is subject to your adherence to the Property Specific Terms, where provided.
3.3 If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.
3.4 We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
3.5 If you do not pay Us for the Accommodation when you are supposed to, access to Accommodation will not be permitted.
3.6 Pets are only permitted in the Property if specified within the Booking or Property Specific Terms.
3.7 Additional charges may be due in respect of pets – these will be notified to you in advance of the Booking being accepted.
3.7.1 You agree to not allow any more pets than those specified on the booking form to enter/visit the property throughout the duration of your visit.
3.7.2 You agree to be respectful of the owners, the property and subsequent visitors by not allowing the pets the use of any soft furnishings. You also agree to clean up the area surrounding the property of any mess and dispose of it in the correct manner.
3.7.3 Dogs should be kept under control at all times and not be left unattended in the property or in a vehicle on the properties grounds at any time.
3.8 Smoking is strictly prohibited at all Properties let by Us.
3.9 Broadband internet access is offered in some properties. Where Our owners do offer broadband, this is on the basis that neither they nor We promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and neither the Owner nor We will be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.
3.10 You shall take proper care of the Property and its contents during the Accommodation and may lose your security deposit (as defined in clause 4) and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the beginning of the Accommodation.
3.11 If the Booking you have made relates to Accommodation to be provided at the Property which has Property Specific Terms, those Terms shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles Us to cancel the contract.
3.12 Every effort will be made to ensure the standard described for each property along with all items of equipment described and supplied by the owners are in good working order. However, no guarantee is given, or liability accepted if any breakdown occurs. Repairs are always affected as soon as possible, although inevitably delays do occur. In the event of a property being old or of a heritage status there may be characteristics such as damp or insects that are impossible to eradicate and you should be aware of such issues prior to accepting the booking.
3.13 properties with swimming pools and or hot tubs come with associated risks, and you agree to absorb these risks with owners nor Us accepting any liability, loss, expense or damage incurred. You also agree to its use in a safe and acceptable manner with any incident reported to us at your earliest convenance.
3.14 You agree to be always respectful to the neighbours of the property. Consideration should be given but not limited to.
3.14.1 Parking – do not block in neighbours’ vehicles or cause unnecessary obstructions to rights of access.
3.14.2 Noise – if entertaining late at night consideration should be given to both noise and light pollution of neighbours.
4. Security deposit
4.1 A deposit will be required to be paid by you in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenities provided at the Property).
4.2 We or the Owner reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover (or the Owner’s) reasonable costs if the deposit paid under this clause 5 is insufficient to repair or replace any damage caused to the Property or its contents during your Accommodation.
4.3 We or the Owner will assess the Property after your Accommodation and will:
4.3.1 provide you with a refund of the deposit made under this clause 4; or
4.3.2 inform you of the amount to be retained; or
4.3.3 inform you of the amount to be further charged or a combination of any of the above at Our discretion.
4.4 If any proportion of the deposit is retained under this clause 4 and you dispute the charges, we will provide you with the Owner’s contact details to resolve directly.
5. Price and payment
5.1 The price of the Accommodation will be set out at the time you place your Booking and at the time We confirm your Booking.
5.2 Payment may be made by either a debit card or credit card
5.3. Cheques may not be used for payment of any sums due under this agreement without our prior written approval.
5.4 Any bank or transfer charges shall be borne by you.
5.5 Payment may only be made in the currency as shown in the Booking.
5.6 Generally VAT isn’t applicable to the accommodation cost but may be chargeable on some extras. Where VAT is chargeable, it is included in the sums given.
5.7 You must pay a minimum deposit of 30% of the total cost of the Accommodation plus the applicable Booking Fee at the time you place your Booking and the balance of the price at least 6 weeks before the start date for the Accommodation, unless the start date for the Accommodation is less than 6 weeks from the date of the Booking, in which case the full balance of the price must be paid at the time you place your Booking.
5.8 If you fail to pay the balance of the cost of your Accommodation upon request and before the commencement of the Accommodation We will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to a discretionary administrative charge of no more than £25 and you hereby authorise us to do so.5.9 If you do not make any payment due to Us by the due date for payment, We may cancel your Accommodation and terminate this contract. In these circumstances, your rights to a refund are set out in clauses 8, 9 and 10.
5.9 You confirm that you are over the age of 18.
6. Legal rights
6.1 As a consumer, you have legal rights in relation to Accommodation not offered to you with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Our liability to you
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.
7.2 We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact Us.
7.3 We do not exclude or limit in any way Our liability for:
7.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
7.3.2 fraud or fraudulent misrepresentation;
7.4 Neither We nor the Owner have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation, actions or omissions of the Owner (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations,.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
8.3.1 We will contact you as soon as reasonably possible to notify you; and
8.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Accommodation to you, We will restart the Accommodation as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Accommodation. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 1 week in accordance with Our cancellation rights in clause 10.
9. Your rights to cancel and applicable refund
9.1 You may cancel a Booking for Accommodation up to 6 weeks before the start date for the Accommodation by contacting Us in writing with a copy of your invoice/booking confirmation. We will confirm your cancellation in writing to you.
9.2 If you cancel a Booking under clause 9.1, the deposit made at the time of placing the Booking will not be refunded to you although Any additional deposit paid will be refunded to you.
9.3 However, if you cancel a Booking for Accommodation under clause 9.1 and We have already started work on your Booking by that time, you will pay Us any costs We have reasonably incurred in starting to fulfil the Booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, We will tell you what these costs are when you contact Us and issue a subsequent invoice marked as paid.
9.4 Where you have cancelled a Booking because of Our failure to comply with these Terms or if We change these Terms under clause 3.1 and you elect to cancel the contract (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.5 If you cancel a Booking for Accommodation less than 6 weeks prior to the start date for the Accommodation we reserve the right to invoice You for an amount up to 100% of the cost for Accommodation as outlined in the Booking. You will not be entitled to a refund and we strongly advise that you ensure an appropriate holiday insurance provision is in place for your booking.
9.6 We will charge a minimum £25 if You cancel the Booking at any time prior to the start date of Accommodation.
9.7 Once We have begun to provide the Accommodation to you, you may only cancel the contract for Accommodation by giving Us written notice if:
9.7.1 We break this contract in any material way;
9.7.2 We go into liquidation or a receiver or an administrator is appointed over Our assets;
9.7.3 We change these Terms under clause 3.1 and you elect to cancel the contract;
9.7.4 We are affected by an Event Outside Our Control.
9.8 In the event of an Epidemic impacting the locations where We offer accommodation, Our Epidemics Policy, as defined in terms 9.8.1.
9.8.1 To be considered to impact the holiday, there must be government mandated lockdowns preventing overnight stays AND/OR restrictions in travel, be it nationwide restrictions, or local restrictions impacting either or both the Property’s location and Your home location (as defined on the booking).
9.8.2 To be considered to impact the holiday, the restrictions as defined in 9.8.1 must be prevalent within 24 hours of the scheduled holiday arrival date.
9.9. If a guest contracts Coronavirus whilst on holiday, in most cases we believe the party will elect to travel home. However, if they are forced to self-isolate, the guest will need to pay for the subsequent week and the incoming guests will need to be relocated to enable a deep clean of the property. In such instances, the subsequent booking will again be offered the option to rebook at a later date or receive a full refund.
9.9.1 Should a guest choose not to take their holiday for fear of contracting Coronavirus, but no travel restrictions are in place, neither the owners nor Us are under obligation to refund any of the monies in connection with the booking.
9.10 In the event of an Epidemic impacting your holiday, as defined in 9.8.1 – 9.8.2 You will be offered the chance to amend your holiday to a later date or You may request, by mail or email, to receive a refund of monies paid.
9.10.1 If the new holiday is of a higher value than the original holiday, You will need to pay the difference in cost between the two holidays.
9.10.2 If the new holiday is of a lower value than the original holiday, You will receive a refund for the difference in cost between the two holidays
9.10.3 If You elect to receive a refund under clause 9.10, you will be refunded the full value paid, excluding any non-refundable extras.
10. Our rights to cancel and applicable refund
10.1 We may have to cancel a Booking before the start date for the Acommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptly contact you if this happens.
10.2 If We have to cancel a Booking under clause 10.1 and you have made any payment in advance for Accommodation that have not been provided to you, We will refund these amounts to you.
10.3 If, for any reason, we are unable to offer the Property to you for the duration of the Accommodation then we shall use reasonable endeavours to find suitable alternative accommodation for you.
10.4 If, under clause 10.3, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
10.5 We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if:
10.5.1 you do not pay Us when you are supposed to, or
10.5.2 you break the contract in any other material way.
11. Information about us and how to contact us
11.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by emailing Our customer service team at email@example.com.
11.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by email at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in the Booking.
12. How we may use your personal information
12.1 We will use the personal information you provide to Us to:
12.1.1 provide the Accommodation;
12.1.2 provide additional services through third parties to you as requested within the Booking;
12.1.3 process your payment for Accommodation; and
12.1.4 inform you about similar products or services that We provide. You may stop receiving these at any time by contacting Us.
12.2 We will not give your personal data to any third party other than the Owner unless you have requested additional services to be provided during your Accommodation, in which case the parties providing those services will be provided with your personal data, where necessary.
13. Your responsibility to the property
13.1 You are required to leave the property, including equipment, in a clean and tidy condition after your stay of: all rubbish and waste within bins, dishwasher clean the crockery and cutlery and neatly put away in cupboards, indoor floors and outdoor spaces swept, dirty linen stripped and placed in the bath or in laundry bags provided by the housekeeping provision. If the property is left in an unreasonable condition additional charges may apply.
13.2 You are obligated to remove rubbish from the property and place it in the correct bins and recycling bags if applicable as per the property’s waste collection instructions. We reserve the right to pass on any charges resulting from the incorrect disposal of rubbish at a minimum £30 cost.
13.3 You are responsible for the cleaning of the BBQ if used during your stay. You will find it clean on arrival and it is the guest’s responsibility to ensure it is left in a clean condition on departure.
13.4 You are responsible for any damages or breakages which should be reported to the property manager or agent during the period of occupancy.
13.5 The tenants will not cause any annoyance or become a nuisance to occupants of adjoining premises If the owner or agent is complained to or asked to be called out to the property a charge of a minimum £100+ will be deducted from any security deposit.
13.6 The Agent will act on a goodwill basis as arbitrators between you and the Owners to resolve any dispute satisfactorily but cannot be held liable if one or both parties are dissatisfied with the outcome.
13.7 Neither the Owner nor the Agent accepts responsibility for work taking place out the boundary of a Property, nor for noise or nuisance resulting from third party activity over which the Owner or the Agent has no control.
13.8 You agree to vacate the property on time and no later than the last day of your scheduled stay in accordance with the booking conditions.
14. Other important terms
14.1 We will provide you with details on how to access the property and other sensitive information about the property, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.
14.2 We may transfer Our rights and obligations under these Terms to another individual, but this will not affect your rights or Our obligations under these Terms.
14.3 This contract is between you and Us. However, You acknowledge that the Owner may enforce any and all of the terms of this agreement against you.
14.4 Except as otherwise outlined in this agreement, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Booking may enjoy the Accommodation.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.7 These Terms are governed by English law. You, We and the Owner both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
I have understood and agree to the booking conditions and payment methods set out. I accept these conditions on behalf of those in my name. I agree to care for the property during my stay and leave it clean and tidy. I declare that I am over 18 years of age and agree that this booking is made in accordance with the Conditions of Hire and Booking Information detailed on the current website.
These booking conditions were updated on 05/03/22 and supersede all previous issues.