CONTRACT OF HIRE

The hiring contract is between the Holidaymaker and the owner of the cottage for which the booking is made and shall be deemed to be made Subject to the Conditions of Hire herein.

Whitby Holiday Cottages act as agents for the owners and are not Principals. The Contract of Hire is not effective until Whitby Holiday Cottages give written confirmation of a booking to the Holidaymaker.

INITIAL PAYMENT

Bookings will be confirmed upon receipt of the deposit payment. If the booking is made within 56 days of the commencement of the holiday date, then the full payment and any extra costs as appropriate.

BALANCE PAYMENT

The balance of the holiday booking payment will be due 56 days prior to the commencement of the holiday date. Whitby Holiday Cottages reserve the right to cancel a holiday where full payment has not been received at least 28 days before the commencement date.

VALUE ADDED TAX

Where VAT applies to the property rental, it is included in the quoted price at the rate at the time of printing (i.e. 20%). All VAT inclusive rentals are subject to change if the rate changes. Whitby Holiday Cottage's Confirmation of Booking is not a VAT invoice.

CONFIRMATION OF BOOKING

The Holidaymaker is responsible for the total published price of the property and any extras as shown on the Confirmation once the Confirmation of Booking has been issued by Whitby Holiday Cottages.

BOOKING CANCELLATION

Additional Holiday Cancellation and Curtailment Protection Insurance is available via a special scheme negotiated through Schofields and underwritten at Lloyds on behalf of the Holidaymaker. Details are set out under the section Special Holiday Insurance Provisions. The benefits of this insurance cover are detailed in this section. Cover is automatically obtained by paying the premium with the deposit required or by adding the cost to the total charge if the holiday is paid for in full. As an alternative, the Holidaymaker may make direct arrangements for Holiday Cancellation and Curtailment Protection Insurance with other insurance companies. If the reason for cancellation is outside the protection provided by the scheme, then the deposit paid on booking will be automatically forfeit. Provided written notice of cancellation is received by Whitby Holiday Cottages not less than 10 weeks before the commencement of the holiday date, Holidaymakers covered by the scheme will not be held liable to pay the full balance of the holiday booking. If, however, cancellation is notified within 10 weeks of the commencement of the holiday date (Or if the Holidaymaker is cancelling at any time, but is not covered by the scheme) the Holidaymaker will be liable to pay the full balance of the holiday booking unless Whitby Holiday Cottages have been successful in re-letting the holiday. Any refund made will be subject to an administration charge of 40 plus VAT in favour of Whitby Holiday Cottages plus any expenses incurred by the owner in accepting a late booking where, for example, a discount has been deemed necessary in order to secure a replacement booking. In all instances, cancellations must be notified immediately in writing to Whitby Holiday Cottages by First Class Post.

AMENITIES

Whilst every care is taken to ensure that accommodation and amenities are suitable for use as described it is expected that all holidaymakers exercise caution and provide adequate supervision where necessary to prevent injury or damage. If in doubt or should you have any concerns over safety aspects please contact the owners or ourselves in the first instance.

MOTOR CAR AND PERSONAL BELONGINGS

Personal belongings are at the Holidaymaker's risk at all times. No responsibility can be accepted for loss or damage to any vehicle or its contents, though we are able to offer insurance services which we recommend you consider carefully when making your booking. However we do not seek to exclude or limit liability for the negligence of our servants or agents.

PARTY SIZE

Under no circumstances may more than the maximum number of persons stated in the Brochure occupy a property. Owners reserve the right to refuse admittance if this condition is not observed. In addition Whitby Holiday Cottages and the owners reserve the right to refuse or revoke (before or during the holiday) any bookings from parties which may in their opinion (and at their sole discretion) be unsuitable for the property concerned.

HOLIDAYMAKER'S RESPONSIBILITIES

The Holidaymaker is responsible for the property and is expected to take all reasonable care of the same. All equipment, utensils, etc. and the property must be left clean and tidy at the end of the holiday period.

DAMAGE

Damages and breakages are the legal responsibility of the Holidaymaker and such costs shall be refundable on demand.

COMPLAINTS PROCEDURE

If the Holidaymaker is not entirely satisfied with the accommodation offered then he should contact the owner or his representative immediately and attempt to resolve the problem. If this cannot be done then he should contact Whitby Holiday Cottages who will endeavour to resolve the problem. If the Holidaymaker feels that the problem has not been resolved to his satisfaction he should forward full details of the complaint in writing as soon as possible to Whitby Holiday Cottages in order that we are able to act quickly in helping to resolve a dispute arising from any such complaint. Since Whitby Holiday Cottages are registered with the English Tourism Council and operate under their stated Code of Conduct the Holidaymaker also has the opportunity to refer the complaint to the English Tourism Council for arbitration if dissatisfied with our response.

BROCHURE/ WEBSITE

Whitby Holiday Cottages take every care to ensure the accuracy of all property descriptions. All information is given in good faith and assumed to be correct at the time of printing/ publishing on the Internet, but we cannot be held responsible for any errors, or the results of such errors. Furthermore Whitby Holiday Cottages cannot accept liability for happenings outside our normal reasonable control, such as breakdown of domestic appliances, wiring, plumbing, sudden temporary invasion of pests, any damage resulting from exceptional weather conditions or owner's negligence resulting in loss, injury or accident. Neither can Whitby Holiday Cottages accept liability for changes to (or withdrawal of) specified area amenities mentioned in the Brochure descriptions.

LEGAL

Any dispute arising between Whitby Holiday Cottages and the Holidaymaker, if not resolved mutually, may be referred to a single arbitrator if agreed by the Holidaymaker, or in default of such agreement to the President of the Law Society or Institute of Arbitrators. In either event, such arbitration would be subject to the provisions of the Arbitration Act 1950 and 1996 or any statutory modification thereof for the time being in force and does not effect the statutory rights of either party.

AVAILABILITY

The Hiring Contract is made on the understanding that the property and its facilities as stated will be available for the dates stated. In the unlikely event of the property being unavailable through events arising out of the control of Whitby Holiday Cottages, or the owner, then Whitby Holiday Cottages may be forced to cancel the booking. The Holidaymaker will be advised of any such circumstances as early as possible and will (where feasible) be offered alternative accommodation of a similar type, standard, price and location. If this is not possible, or if the alternative property offered is unacceptable to the Holidaymaker, then Whitby Holiday Cottages will refund all monies paid in full - but thereafter the Holidaymaker will have no further claim against Whitby Holiday Cottages or the owner.

INSURANCE PREMIUM

All premiums for insurance offered through Whitby Holiday Cottages and stated in the Brochure/ Web Site are inclusive of Insurance Premium Tax at the rate applicable at the time of printing (i.e. 20%). Such premiums are subject to change if the rate changes.

PRICES ONLINE

All prices obtained using the online booking system are only a guide, every care is taken to ensure that these prices are accurate but in the event of any error Whitby Holiday Cottages LTD reserves the right to adjust prices accordingly. If you unsure about any prices obtained from the website please call to confirm the correct price.

These conditions may be subject to change without prior notice but are correct at time of going to print.