1.1 ‘The Agency’ means The Wow House Company Limited of Eagle Tower, Montpellier Drive, Cheltenham, GL50 1TA which is a company registered in England and Wales under company number: 07886283
1.2 ‘Booking Conditions’ means these terms and conditions
1.3 ‘Cautionary Damage Deposit’ means the deposit to be paid by the Guest to The Agency and held by The Agency on trust for the Owner as further described in Clause 4 below
1.4 ‘Contract’ means as detailed in Clause 2
1.5 ‘Guest’ shall mean the person who makes the booking and to whom the Owner rents the Property under the Contract
1.6 ‘Owner’ shall mean the owner of the Property by whom The Agency is appointed agent
1.7 ‘Property’ means the property to be rented by the Owner to the Guest through The Agency
1.8 ‘Property Brochure’ means the Property details as stated on our website www.thewowhousecompany.com
1.9 ‘Rental’ means the dates and days the Property is agreed to be let by the Guest
2.1 The Agency arranges Rentals of Properties as agents of the Owners of the Properties. Any Contract for a Rental of a Property is between the Owners of the Property and the Guest. Any issues arising under the Contract for a Rental should be addressed by the Guest to The Agency, and The Agency will consult with the Owners. The Agency will provide the Guest the Owners name and contact details if requested to do so.
2.2 A Contract for a Rental will be entered into when The Agency issues a confirmation invoice following receipt of payment of the Rental deposit. The payment of the Rental deposit in respect of the Property and issuing a confirmation invoice is deemed to confirm acceptance of these Booking Conditions. The Guest who pays the Rental deposit and agrees the Booking Conditions does so on behalf of all members of the group and binds them jointly and severally to the Booking Conditions. Guests should check their confirmation invoices carefully.
2.3 The Contract will be subject to all of these Booking Conditions.
2.4 The Contract and nothing in the Contract or these terms and conditions shall create the relationship of landlord and tenant between the Guest and the Owner.
2.5 This Contract is governed by English law with English courts having exclusive jurisdiction.
3.1 Deposit. A deposit of 30% of the total rent is payable to reserve the Rental dates to stay at the Property.
3.2 Balance. The remaining 70% of the total rent becomes payable three months before the start of the Rental. Should a booking be made within three months of the start of the Rental, the full Rental amount (deposit and balance) must be paid.
3.3 Payment Method. All payments must be made to The Agency. Payment can be made by electronic transfer, cheque or debit card. For bookings made less than two months before the start of the Rental, payment must be made by electronic transfer as debit card and cheques will not be accepted.
4. CAUTIONARY DAMAGE DEPOSIT
4.1 A Cautionary Damage Deposit payment in cleared funds is required one week prior to the start of the Rental. The Cautionary Damage Deposit is different for each Property and will be between £500 and £2,500; the amount will be advised to the Guest at the time of booking.
4.2 Access to the Property will be denied if full payment of the Cautionary Damage Deposit has not been made one week prior to your stay, the booking will be treated as a cancellation and no refund will be due or issued.
4.3 The Cautionary Damage Deposit will be refunded in full within 14 days of your departure from the Property if the Property is left in a satisfactory condition and all invoices have been paid as detailed in Clause 4.4.
4.4 The Guest hereby agrees to give The Agency authorisation to deduct from the Cautionary Damage Deposit an amount that The Agency considers appropriate in the event that the Guest or anyone in their group staying at the Property causes neglect or damage to the Property, damage or loss of contents, in breach of any of these Booking Conditions, leaves the Property in an unreasonable state, incurs a need for extra cleaning or leaves the Property without settling invoices for additional services or supplies received during their stay.
4.5 In the event the losses or damage caused by the Guest or anyone in their group exceeds the Cautionary Damage Deposit, The Agency will notify the Guest of any additional amount owing, the Owner reserves the right to pursue recovery of any additional cost over and above the Cautionary Damage Deposit.
5. CANCELLATION BY YOU
5.1 Any cancellation made by the Guest for whatever reason shall be in writing addressed to The Agency at the address set out at on the confirmation invoice. Upon receipt of the notice of cancellation, The Agency and the Owner will seek to re-let the Property for the period of the booking.
5.2 If The Agency and the Owner succeeds in re-letting the Property for the whole or part of the period booked it shall refund an amount equal to the money paid or the pro-rata amount paid for partial re-bookings by the new Guest, less a £100.00 plus VAT administration charge.
5.3 If The Agency and the Owner are unable to re-let the Property at all, then all monies paid or due by the Guest shall be forfeited to The Agency and the Owner.
5.4 The Agency strongly recommends Guests take out cancellation insurance as detailed in Clause 18.
6. CHANGE OF DATES
The Agency may consider a request from a Guest to change booking dates after confirmation has been issued. Such requests may be granted provided all of the following conditions are met:
(1) the Property Owner agrees to the change;
(2) the request is received more than 12 weeks prior to the start of the Rental;
(3) the Guest pays an administration fee of £50.00 plus VAT.
VAT is included in the Rental fee where applicable; some Properties are not registered for VAT.
8. ARRIVAL AND DEPARTURE
The Rental commences, unless otherwise notified, at 4.00pm on the day of arrival and terminates at 10.00am on the day of departure. Changes to these times can be requested prior to arrival and may incur a charge.
9. USE OF THE PROPERTY
The Agency reserves the right to refuse entry to the entire Guest’s group if any of these conditions are not met:
(1)The number of Guests occupying a Property must not exceed the maximum number stipulated in the Property Brochure;
(2)The types of groups occupying a Property must comply with the Property’s restrictions as stated in the Property Brochure;
(3)The Property will be used for personal, domestic purposes only and cannot be sub-let to third parties and the Property shall not be used for any commercial purposes without the prior consent of The Agency and the Owner.
10.1 Should there be any cause for complaint by the Guest during the occupation of the Property, the Guest must notify The Agency or the Owner within 24 hours of such complaint and in the case of serious problems, notification must be confirmed in writing. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any compensation at all depending upon the circumstances.
10.2 If you feel the problem has not been dealt with satisfactorily during the Rental you should complete a Guest report and write to us within 14 days of your return quoting your original booking reference and giving all the relevant information. The Guest report must be written by the Guest whose name the booking is in detailing the full nature of the complaint.
10.3 It is the responsibility of the Owner and the Guest to resolve any disputes arising including those relating to any Cautionary Damage Deposit claims in accordance with Clause 4.4. as The Agency is not and cannot become responsible since the Contract is between the Guest and the Property Owner.
11. CARE OF THE PROPERTY
11.1 Guests shall take all reasonable and proper care of the Property, its gardens, furniture, pictures, fittings and effects in or on the Property, and shall leave them in the same state of repair and in the same clean and tidy condition at the end of the Rental as at the beginning. In accordance with Clause 4.4, The Agency reserves the right to charge the Guest for any additional costs it or the Owner has incurred as a result of the Guest’s stay.
11.2 All The Agency’s Properties are non-smoking; Guests failing to adhere to these conditions may forfeit the Cautionary Damage Deposit.
11.3 Linen, bedding and towels can be damaged by sun cream, fake tan, hair dye and waterproof make up, all these products can cause permanent damage to bedding, linen and towels and The Agency asks the Guest to take care when using these products as any damage or staining that cannot be cleaned may incur a charge under the Cautionary Damage Deposit Clause 4.4.
Pets are permitted as stated in the Property Brochure for each Property and with the prior consent of The Agency and the Owner. Pets must be under proper control at all times and any specific terms for pets at a Property must be adhered to, failure to comply with these terms may incur a charge under the Cautionary Damage Deposit Clause 4.4.
Children are permitted as started in the Property Brochure for each Property, the Guest must accept responsibility for the safety and care of their children at all times.
14. WEBSITE AND ADVERTISEMENTS
14.1 The Agency reserves the right to change the advertised or quoted prices as a result of errors or omission. The Guest will be notified of any changes resulting from errors or omissions as soon as possible. The prices quoted on the confirmation invoice will not be subject to this clause.
14.2 The Agency does not accept any liability for misrepresentation or changes made by the Owner to the Property descriptions since the preparation of the descriptions, The Agency therefore reserves the right to change any of the facilities or services provided.
14.3 Whilst we keep our descriptions and photographs as up to date as possible, any descriptions and photographs displayed are for illustrative purposes only and subject to change.
15.1 The Agency, its employees and agents and the Owner shall not, except if caused by their negligence or breach of these Booking Conditions, be under any liability to the Guests or third parties for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred or arise out of or in any way connected with the Rental. In all cases The Agency’s absolute maximum liability shall be the total price paid by the Guest for the specific booking related to any given complaint. In addition The Agency accepts no liability for loss or damage to Guests possessions on the Owners Property or land.
15.2 No term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Contract.
15.3 If the Property which the Guest has booked becomes unavailable or unusable for an unforeseen reason prior to the date of booking, then The Agency will:
(1) use its best efforts to find an alternative Property or failing which;
(2) reimburse the Guest any monies paid;
(3) in all cases The Agency and the Owner’s liability is limited to the total price paid by the Guest for the specific booking.
15.4 The Agency includes a number of suppliers on www.thewowhousecompany.com and within the Property details provided to the Guest at the time of booking. The Agency can accept no liability for any goods or services provided by these suppliers. The Guest should check and agree to the suppliers own terms and conditions before trading with them.
15.5 The Agency cannot accept any liability or pay compensation for events which The Agency or the Owner could not avoid. Such events include fire, explosion, flood, storms, earthquake or other natural disaster, droughts, subsidence, acts of God, war, terrorism, epidemic or pandemic, sabotage, nuclear or chemical or biological contamination, action of any governmental authority, embargo, strike or labour dispute , unavoidable technical problems, failure of telecommunications networks, closure or delays at airports, cancellation and changes by airlines and all travel disruptions.
15.6 The Agency may transfer their rights and obligations under these terms and conditions to another individual, but this will not affect your rights or our obligations under these terms and conditions.
The Agency does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its employees or agents.
17. RIGHT OF ENTRY
The Agency or the Owner shall be allowed the right of entry to the Property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance during the term of the Rental or in the event of a breach of these Booking Conditions.
18. CANCELLATION INSURANCE
Cancellation insurance is not compulsory but The Agency does strongly recommend such insurance coverage to protect the cancellation penalty.
The Agency and the Owner, acting on their own behalf or by their employees or agents reserve the right to terminate the Contract and require, without refund, the immediate departure of all persons from the Property in the event of a serious breach of the terms of the Contract and, for greater certainty, these Booking Conditions. The breach may include but is not limited to any of the following events:
1) serious damage to the Property which may exceed the Cautionary Damage Deposit;
2) a criminal or illegal act;
3) unreasonable or abusive behaviour;
4) excessive noise which could adversely affect the rights of The Agency or the Owner to be able to continue to operate the Property for rentals or involve authorities or police in any form of complaint or investigation;
5) exceeding the number of Guests as stipulated in the Property Brochure
20. HOW WE USE YOUR PERSONAL INFORMATION
The Agency will use the personal information provided by the Guest to:
1) Provide the Property booked
2) Provide additional services through third parties requested by the Guest
3) Process your payment for the booking
4) Inform you about similar products or services that The Agency provide. The Guest may stop receiving these at any time by unsubscribing
5) The Agency 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 booking, in which case the parties providing those services will be provided with your personal data, where necessary