Short-Term Rental Terms and Conditions
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BEFORE MAKING A BOOKING REQUEST THROUGH US, PLEASE READ THESE BOOKING TERMS CAREFULLY. WHEN YOU MAKE A BOOKING REQUEST THROUGH US (WHETHER BY THE SITE, EMAIL OR TELEPHONE), THESE BOOKING TERMS ARE DEEMED TO BE ACCEPTED BY YOU.
1. Welcome
1.1 You and us: In these terms and conditions (which we call 'Booking Terms')
1.1.1 "we", "us", "our", the “Company” means Honey Bee Consultancy Ltd. of 1 Honey Pot Cottages, Joss Lane, Sedbergh, LA10 5AS (email: sarah@hbconsult@outlook.com / telephone: 07860 771774), and
1.1.2 "you", "your" means the holiday maker who is making a booking request.
1.2 Bookings: These Booking Terms apply to any booking you make through us for use of a holiday property (which we call a "Property") (and we call that booking of a Property a "Booking"). The Booking might be made on the Site, by email or by telephone.
1.3 Terms:
1.3.1 the dates (and time periods) for a Booking during which you will be entitled to use the Property (which we call the "Holiday Period");
1.3.2 the other details specific to your Booking including the Property and any restrictions notified to you during the Booking process (which we call the "Booking Details");
1.3.3 the charges payable for hiring the Property and any related services which are otherwise due to the Company by you (which we call the "Rental Charges"); and
1.3.4 Charges: For charges:
1.3.5 we charge a Deposit for the accommodation that we provide to you under the Booking Contract (which we call the "Deposit”);
1.3.6 "Balance" means the balance of the Total Charges payable by you after payment of the Deposit as set out in the Rental Charges.
1.3.7 "Booking Confirmation" is defined in paragraph 2.6.
1.3.8 "Deposit" means the initial instalment of the Total Charges quoted to you during the Booking process and payable by you when making a Booking (and all collected by us). Please note, where you cancel a Booking after we send you your Booking because you have changed your mind, your Deposit payment will be non-refundable.
1.3.9 "Guests" means holidaymakers other than you who are booked to stay at the Property during the Holiday Period under your Booking and includes, if we have approved, any additional visitors that are permitted to attend the Property during the Holiday Period.
1.3.10 "Total Charges" means the total charges that you owe to an Owner under a Rental Contract (i.e. the Rental Charges), that you owe to us under a Booking Contract.
1.3.11 How to read these Booking Terms: Whenever you see a general phrase followed by words like “include”, “including”, “for example”, “such as” or “in particular” (or anything similar) the general phrase stays as a general phrase – what follows are just non-exclusive examples of the general phrase.
2. MAKING YOUR BOOKING
2.1 To be eligible to make a Booking: To be eligible to make a Booking (i.e. to enter into a Booking Contract with us and Rental Contract with the relevant Owner):
2.1.1 you must be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
2.1.2 you must possess a valid payment method such as a valid debit or credit card, PayPal account or any other digital option as accepted by our Site.
2.2 What you confirm: By submitting a Booking to us, you confirm that:
2.2.1 everything in paragraph 2.1 is true and accurate; and
2.2.2 you and the Guests agree to these Booking Terms.
2.3 What making a Booking means: By making a Booking through us you are making an offer to:
2.3.1 enter into a Booking Contract in relation to the Property you have selected.
2.3.2 pay us all amounts due in respect of the Deposit and Total Charges.
2.4 Please note that no Booking Contract creates any type of landlord and tenant relationship. A Booking Contract only creates a temporary licence to occupy.
2.5 When your Booking is confirmed and when contracts are formed: When we provide you with the Booking Confirmation (which will be at the point we send you the email or post you a letter confirming your Booking), we are accepting your. It is at this point, when we send you the confirmation email or letter, which is your Booking Confirmation, that you enter into the legally binding Rental Contract with the Company.
2.6 Your responsibility to check the Booking Confirmation.
2.7 Wi-Fi and Phone Reception: We cannot (and does not) guarantee the speed of any broadband at the Property (or what you will be able to download or stream whilst there).
2.8 CCTV: CCTV is in operation outside the property. If required, please request for details such as the purpose of the CCTV, the data being processed and how long any footage is retained, if this information is not already apparent at the Property.
2.9 If the Property is in an agricultural area there will occasionally be sounds and smells associated with countryside living that cannot be avoided. In respect of any Property there may be traffic noise. The Company shall be held liable for building work noise or disruption coming from neighbouring properties.
2.10 the Deposit. This becomes non-refundable once your Booking is confirmed by us with a Booking Confirmation; and
2.11 If you are paying a Deposit rather than the entire Total Charges when making your Booking, you will also be presented with the date by which you will need to make payment to us for the Balance. The date you are required to pay the Balance will normally be 6 weeks before the start of your Holiday Period. Please note that we may (but are not obliged to) contact you via the contact details you provide us with to remind you of the due date for payment of the Balance. You should also take note of when the Balance is due for your own reference. However, if the date the Balance would normally fall due for your Booking has already passed, we will ask you at the time of the Booking to pay the Balance too.
2.12 Forms of payment: We currently accept payment via bank transfer and Paypal.
2.13 VAT: Total Charges include VAT, where applicable, which you shall be responsible for paying.
2.14 Total Charges are per Property: Total Charges quoted are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.
2.15 Good housekeeping bond: Please note we charge a 'good housekeeping bond', which will be included alongside the charges quoted to you during the Booking process.
2.16.The Good housekeeping bond will be returned within 7 days of the end of the relevant Holiday Period return all or part of the bond to you and, if retaining any part of the bond, notify you in writing of the reasons for doing so; or
3 YOUR RESPONSIBILITIES
3.1 Information you provide: You must make sure that all the information you provide in connection with your Booking, including all Booking Details, are true, accurate, current and complete.
3.2 Your responsibility for transactions made under your name or account: You accept full financial and other responsibility for all transactions made under your name or account that you hold with us. We will notify you of any payments that are due and you shall be responsible for paying them within the timescales that we specify.
3.3 Your promises to us: You promise to us that before, during and after the Holiday Period:
3.3.1 the number of people occupying the Property will not exceed the number stated in the Booking Confirmation;
3.3.2 you cannot arrange for additional visitors to come to the Property or hold events (such as parties, celebrations or meetings) at the Property without obtaining the written consent of the us in advance;
3.3.3 the Property will be used solely for the purpose of a holiday or private accommodation by you and your Guests and will not be used for any commercial or business purpose. To be clear, you and your Guests are permitted to use the Property as private accommodation for work or business trips;
3.3.4 you will (and you will ensure that your Guests will) show all due consideration and respect for us, neighbours and other persons or parties that have a connection with the Property. This includes refraining from abusing your right to use the Property or Rental Services or participating in any illegal, dangerous, offensive, inappropriate, violent or anti-social behaviour towards such people;
3.3.5 you will (and you will ensure that your Guests will) use the Property lawfully, will not abuse or damage any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you by us in connection with the Property;
3.3.6 you will allow us (including any tradespeople) to access the Property at any reasonable time during the Holiday Period providing we provide you with reasonable advance notice (except where we require access to the Property due to an emergency, for example, if repairs need to be carried out or we become aware that you have breached, or we have reasonable suspicion to believe that you will breach these Booking Terms);
3.3.7 you will keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the start of the Holiday Period and you will ensure that at the end of your Holiday Period the Property is left in the same state of order and cleanliness in which it was found. We may charge you for any additional, reasonable charges for professional cleaning after the end of your Holiday Period where you have failed to comply with this paragraph. These charges are necessary in order to return the Property to its original state of cleanliness and tidiness for future bookings by other customers;
3.3.8 you will report as soon as possible to us any breakages or damage caused by you or your Guests during the Holiday Period. Without affecting any other remedies that we have under the Rental Contract, you promise to fully reimburse us for the cost of replacement or repair for such breakages or damage.
3.3.9 you will arrive at the Property no earlier than the time confirmed in your Booking Confirmation on the first day of your Holiday Period and you will vacate the Property by no later than the time confirmed in your Booking Confirmation on the last day of your Holiday Period) or any other times as otherwise agreed with us in writing; if you do leave after check out without the express permission of us than there is applicable fees that can be incurred that you will be responsible for.
3.3.10 you will not allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of us;
3.3.11 you will provide us with any information that is reasonably requested from you or your Guests;
3.3.12 you will keep the location of all access codes/keys for the Property, which we shall provide you (or otherwise provide you details of in the Booking Confirmation), confidential and return all of them and other access mechanisms at the end of your Holiday Period to the location requested by us in the Booking Confirmation or as we may otherwise request from you; and
3.3.13 you will notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 7.3.
3.4 Your responsibility for Guests: You will be responsible for all Guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.
3.5 Your responsibility for travel and health documentation: You will be responsible for ensuring that you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
3.6 Your responsibility to comply with the law: You will be responsible to ensure that you and your Guests comply with applicable laws (such as restrictions on travel or staying at properties due to health or lockdown or due to inclement weather).
3.7 Failure to comply with anything in this paragraph 3: If you or any Guest fails to comply, or is likely to fail to comply, with any of the requirements set out in this paragraph 3, we may refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of Rental Contract and your Booking will be cancelled. In these circumstances, you will not receive a refund of any of the Total Charges and we shall not be responsible for any other costs and expenses you have to pay due to you not being able to stay in the Property, such as the cost of finding any alternative accommodation or making alternative travel arrangements. This may also affect our decision as to whether or not to accept any future Booking from you.
3.8 Failure to comply with anything in these Booking Terms: We shall also not be responsible for having to find alternative accommodation for you if you have breached any of your obligations under these Booking Terms.
4 OUR RESPONSIBILITIES
4.1 We promises to you to:
4.1.1 perform the Rental Services using reasonable care and skill;
4.1.2 provide an accurate, complete and up to date description of the Property, and as soon as reasonably possible; notifying you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
4.1.3 subject to the exceptions in paragraphs 3, ensure that the Property is vacant, not make any use of the Property (including conducting any viewings of the Property) and ensure that you and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period unless we are entitled to refuse you and your Guests access to or requires you to leave the Property in accordance with paragraph 3;
4.1.4 ensure that the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period;
4.1.5 ensure that the Property and the Rental Services will comply with all applicable laws and regulations, in particular, relating to fire, health, safety, utilities and planning and data protection;
4.1.6 co-operate with you on all matters relating to the Rental Contract, including providing the Rental Services and processing any refunds that may be due to you (which we may facilitate);
4.1.7 provide Property access details to you (including all cards and access codes) so you can make use of the Property for the Holiday Period and ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
4.1.8 show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your Guests;
4.1.9 comply with the terms of the Rental Contract;
4.1.10 respond to queries, complaints and problems which arise during or after the Holiday Period and use best efforts to resolve them and
4.1.11 if VAT forms part of the Total Charges, provide you with a VAT invoice if you request one in writing.
5 PETS
5.1 Pets are strictly not allowed: If a pet is taken to the Property that does not allow pets we have the right to:
5.1.1 refuse to allow you and your Guests to enter or stay in the Property; and/or
5.1.2 ask you and your Guests to leave the Property before the end of the Holiday Period; and you must comply.
5.2 Pets in a Property when they are not allowed – and ending the Rental Contract: If the Owner exercises their rights under paragraph 5.1, the Owner may end the Rental Contract.
5.3 Pets Penalty Fee – If a pet is taken to the property there is £100 strict charge for the extra cleaning required of the property.
5.4 Damage by pets, traces of pets – and extra charges: You will be responsible for all damage caused by your and/or your Guests' pets.
6. AMENDING, CANCELLING OR TRANSFERING A BOOKING AFTER A BOOKING CONFIRMATION
6.1 Amending a Booking after the Booking Confirmation: If you would like to amend your Booking after the Booking Confirmation, please contact us directly. We cannot guarantee that the we will be able to meet your request.
6.2 If we agree to amend the Booking, there may additional charges and an administration charge. However, we will always notify you of these charges in advance and you will be responsible to pay them.
6.2.1 if you wish to cancel the Rental Contract more than 6 weeks before the start of the Holiday Period, you will be entitled to a refund of the Rental Charges you have paid minus: (i) the Deposit and (ii) all reasonably incurred charges for any other services that the Owner provided to you up to the date you cancelled the Rental Contract; and
6.2.3 you do not have a right to cancel the Rental Contract with the Owner 6 weeks or less before the start of the Holiday Period.
6.3 Transferring a Booking after a Booking Confirmation: You may not transfer your Rental Contract or a Booking Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Terms and your Guests' compliance with them.
7. YOUR RIGHTS TO END A RENTAL CONTRACT
7.1 Your rights to end a Rental Contract other than where you change your mind: You may immediately end a Rental Contract:
7.1.1 if we have committed a serious breach of its obligations to you as set out in these Booking Terms;
7.1.2 if we have told you about a material error in the charges or Booking Details or a significant error in the description of the Rental Services relating to your Booking and you notify us that you do not wish to proceed; or
7.2 What refunds you are entitled to if you end a Rental Contract: If you end a Rental Contract for any of the reasons in paragraph 7.1 then within 14 days of the date you notify us that you wish to end the Rental Contract for these reasons we will refund to you the Rental Charges that you have already paid for the Booking.
7.3 Your consumer rights: You have certain legal rights as a consumer under the law and nothing in these Booking Terms, a Rental Contract, a Booking Contract or your Booking affects these legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens' Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
8. OUR RIGHTS TO CANCEL YOUR BOOKING OR END A RENTAL CONTRACT
8.1 Our rights to end a Booking or Rental Contract (no refund): Without affecting any other right or remedy available to us, we may cancel your Booking or bring to an end a Rental Contract if:
8.1.1 you do not make any payment when it is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information, including any Booking Details;
8.1.3 you fail to perform or comply with any of your obligations (when we consider your failure to be serious or important) contained in the Rental Contract, the Booking Contract or these Booking Terms, including if:
8.1.3.1 you or your Guests do not comply with the obligations set out in paragraph 4;
8.1.3.2 you do not comply with the applicable rules on pets in accordance with paragraph 7; or
8.1.3.3 you fail to pay any good housekeeping bond on the date that payment of the bond is due; or
8.1.4 you are declared bankrupt, make any arrangement with or for the benefit of your creditors, are unable to pay your debts or have a county court administration order made against you.
8.2 If a Booking Contract ends for any of the reasons in paragraph 4.1, then you will not be entitled to any refund of any Total Charges or other charges that you have paid in connection with your Booking. Also, we shall not be responsible for any other costs or expenses you have to pay due to this (such as the cost of finding any alternative accommodation or making alternative travel arrangements).
9. EVENTS OUTSIDE OUR OR THE OWNER’S REASONABLE CONTROL
9.1 Force majeure leading to cancellation: We have a right, to end the Rental Contract and cancel your Booking if an event occurs beyond yours or our reasonable control (which is what we call an “Unexpected Event”). Examples of Unexpected Events include any law, guidance or action taken by a national or local government or public authority or any consequences of them; a fire or accident; epidemic or pandemic; act of God, flood, adverse weather conditions or other natural disaster, or any other event of any nature which prevents or is likely to prevent:
9.1.1 you and your Guests from staying at the Property for some or all of the Holiday Period; or from us complying with its obligations under its Rental Contract with you.
9.2 Alternatives after such a cancellation: If an Unexpected Event happens that results in your Booking or Rental Contract being cancelled by us we will refund you the Rental Charges minus any cost and expense we have reasonably incurred in providing you with the Rental Services up to the date of termination.
9.3 Notification of options: If an Unexpected Event occurs, we will notify you as soon as reasonably possible after we are aware of it and inform you of the available options.
10. OTHER CONSEQUENCES OF A RENTAL CONTRACT ENDING FOR WHATEVER REASON
10.1 Consequences of a Rental Contract ending: If the Rental Contract ends during or at the end of the Holiday Period, you must:
10.1.1 leave the Property together with all Guests as soon as possible;
10.1.2 notify us that you and your Guests have left the Property and, if relevant, the reasons for doing so; and
10.1.3 return the keys to the location instructed by us.
10.2 Consequences of your decision to leave the Property before the end of the Holiday Period: If you leave the Property before the end of the Holiday Period of your own accord (and not due to an Unexpected Event or because you have ended the Rental Contract with one of your rights under paragraph 11.1) no refunds for any charges are payable.
11. INSURANCE
11.1 Some important advice: You are strongly advised to take out travel insurance with a reputable provider before booking to cover your Booking. If you do not do this then you are strongly advised at least to take out travel insurance with a reputable provider before departing for your holiday. Any insurance should ideally cover you for the total cost of your Booking (and your stay if that is different). It is your responsibility to check that your insurance cover is sufficient for your own purposes and any likely risks that may affect you or your holiday.
12. WHAT WE ARE AND ARE NOT LIABLE FOR
12.1 What we are always responsible for: We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so.
12.2 We are responsible to you under a Booking Contract for anything we say in these Booking Terms that we will do under that Booking Contract.
12.3 Apart from the responsibilities under paragraph 12.1, we do not give you the benefit of (i.e. we disclaim) any and all other promises, warranties, conditions, or representations relating to these Booking Terms, any Booking Contract and any Rental Contract or otherwise, whether express, implied, oral or written, to the fullest extent that we are able to do so under applicable law.
12.4 Apart from the responsibilities under paragraph 12.1 (where we have unlimited liability), our total liability to you for any breach of the Booking Contract, however that may arise, is limited to the total of the Deposit and any other charges you have paid to us on our own account.
12.5 Our responsibility is limited to ‘foreseeable’ losses: We shall not be responsible to you for any losses unless they are a ‘foreseeable’ consequence of our failure to comply with a term of the Booking Contract. Losses are ‘foreseeable’ where they were contemplated by us at the time we sent you a Booking Confirmation.
12.6 Personal Belongings and Injury: You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. We accept no liability for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.
13. PRIVACY POLICY AND COOKIE POLICY
13.1 Privacy Policy: We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information, including the information you submit about yourself when making a Booking. By submitting your personal information to us, you agree to our use of that information in the ways described in our Privacy Policy.
13.2 Cookie Policy: Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Booking Terms to 'cookies' also include other means of automatically accessing or storing information on your access device. By accessing the Site and/or entering into a Booking Contract with us, you are providing your consent for us to use cookies in the ways described in our Cookie Policy. However, you may delete any of these cookies at any time if you wish - please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.
14. COMPLAINTS
14.1 Complaints generally: If you have any complaint please contact us by telephone or using our relevant contact details that we’ve provided on the Site promptly.
14.2 Complaints while at the Property: If you are still staying at the Property and wish to make a complaint about a Property or Rental Service, you will need to contact us as soon as possible (and during the Holiday Period). This will give you and us the best opportunity to resolve your complaint during the Holiday Period (and will hopefully assist in any issue, loss or damage either not being suffered or it being reduced).
14.3 If you are dissatisfied with how we have dealt with your complaint please contact us as soon as possible (and if you can within 7 days of the end of the Holiday Period for the relevant Booking, though if you fail to do so this will not limit your ability to make a complaint) with full details of your complaint. Though please note, you must provide us with evidence of your complaint (including photographs), which shows us that we have not complied with our obligations under these Booking Terms.
14.4 Your legal rights: Nothing in this Complaints paragraph 18 affects your legal rights or any right you may have to bring legal proceedings against us under a Rental Contract.
15. OTHER IMPORTANT TERMS
15.1 Electronic communications: You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing. Where these Booking Terms say something is ‘in writing’ or similar, it includes by email.
15.2 Separate paragraphs: Each of the paragraphs of these Booking 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.
15.3 Waiting to enforce a right: If we do not insist immediately that you do anything you are required to do under these Booking Terms, or if we or delay in taking steps against you in respect of you breaking a term of a Booking Contract or Rental Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase then we can still require you to make the payment at a later date.
15.4 The law that applies to all this: Any Booking Contract and Rental Contract (and all the relevant Booking Terms within them) are governed by English law.
15.5 If you or us ever need to go to court: You can bring legal proceedings in respect of any Booking Contract or Rental Contract in the English courts.
15.6 Resolving disputes without going to court: Alternative dispute resolution is where an independent body considers the facts of a dispute and aims to settle it, without you having to go to court. If you are not happy with how we have handled any complaint, we both agree to alternative dispute resolution before attending Court.