Terms and Conditions

Dukes Holiday Cottages

Booking terms and conditions

Introduction and references

Dukescottages.com (“the Website”) is a website owned and operated by Dukes Holiday Cottages who shall be referred to as “we”, “us” or “our” in these terms and conditions.

To make it easier to read these terms and conditions there are a number of further definitions which we use:

  • “Deposit” means a deposit of 1/3rd of the total holiday accommodation cost (which includes any “extras” selected at the time of booking);
  • “Holidaymaker” means you and each person going on holiday with you on your booking;
  • “Owner” means the owner of the Property – Rachel Lycett & Gareth Lycett
  • “Representative” means the person, Caroline Nicholson, who acts on behalf of the Owner in their absence.
  • “Property” means the holiday property you book through Dukes Holiday Cottages and
  • “You” means the lead person making a booking through us.

When you make a booking through us you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully, particularly section 10 headed “Limitation of Liabilities and Legal”.

  1. Contract and Booking

When you make a booking the contract to occupy the Property is between you and the Owner. Bookings cannot be accepted from persons under 18 years of age.

The Properties are not meant to be used as “party houses”, and group bookings, including for stag and hen dos, may not be allowed unless special arrangements (including the possible requirement for a safety deposit) are made with the Owner.

No bookings are valid until confirmed by us in writing (including by email).

Once a booking is confirmed it cannot be changed unless agreed by the Owner. If we agree to make requested changes to your booking (for example, the dates of your holiday) you may be required to pay the difference in prices according to the price schedule.

 

  1. Deposits, Balance Payments and Holiday Insurance

If you make a booking more than 9 weeks before the holiday date you may be required to pay a Deposit when making the booking and the balance will be due no later than 5 weeks before the holiday is due to start.

If you make a booking within 5 weeks of the start of the holiday you will be required to pay for the holiday in full at the time of booking.

We encourage you to take out your own holiday insurance should there be unforeseen circumstances that require you to cancel your holiday.

We reserve the right to cancel your holiday and re-let any holiday where any payment due is more than 7 days’ late. In these circumstances you will not be entitled to any refund.

The Deposit is non-refundable unless we are unable to accept the booking the Property is unavailable at the time of the holiday (please see section 3).

 

  1. Owner unable to make the Property available

If we, the Owner, cannot make the Property available to you for your booking we will try to find you suitable alternative accommodation or we will arrange a refund of all amounts you have paid towards the accommodation cost. We will not be responsible to pay any compensation or expenses as a consequence of such an event.

 

  1. Guest Cancellations

If you cancel prior to the holiday arrival date you may be due a partial refund. The refund will depend on the amount of notice you give us before the holiday start date.

 

If section 3 applies you will be entitled to a full refund of the accommodation costs from the Owner. In all other circumstances, the refund will be calculated as follows:

  • 21 or less days’ notice – No refund due
  • 22-35 days’ notice – 10% of the total accommodation cost
  • 36-49 days’ notice – 20% of the total accommodation cost
  • 50-63 days’ notice – 40% of the total accommodation cost
  • More than 63 days’ notice – your liability to pay the balance will be waived, however, the Deposit will not be refunded. If the holiday was paid in full and more than 63 days’ notice is provided then 2/3rds of the total accommodation cost will be refunded.

 

The Deposit is non-refundable in all circumstances when you cancel a holiday, unless section 3 applies.

If a refund is due we will aim to return the applicable amount within 10 working days of cancellation.

If possible, we may offer a transfer of your deposit or full costs paid to rebook on alternative available dates.

 

COVID – If a lockdown, due to the Coronavirus pandemic, is enforced, you will be offered a full refund or the option to reschedule when restrictions are lifted. Prices may vary according to the time of rebooking. We will aim to return the applicable amount within 10 working days of cancellation, if requested.

 

  1. Holidaymakers’ responsibilities

You will ensure that you and all Holidaymakers will:

  • act responsibly and carefully whilst at the Property, abiding by any property specific house rules and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;
  • report to the Owner any damage or breakages made during the holiday occupancy and pay for damage (wear and tear accepted);
  • not smoke at the Property nor allow anyone else to smoke at the Property;
  • not allow more than the maximum number of people or pets to stay at the Property as stated on the Website;
  • at all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or their guests (if allowed at the Property) or pets (if allowed at the Property) do anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;
  • not enter the Property before the stated arrival date and time and will leave the Property before the stated departure date and time;
  • treat people with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards an Owner, any member of their team, any member of the community in which the Property is situated, or any of our employees, directors, consultants or other party acting on our behalf;
  • secure the Property (including all windows and doors) whenever leaving the Property.

The Owner will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. In serious cases, Holidaymakers may have to leave the Property early without any compensation or refund.

 

  1. Owner’s responsibilities

The Owner will ensure that:

  • the Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
  • suitable arrangements are made for you to access the Property;
  • they treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards any Holidaymaker at their Property;
  • they can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay;
  • they, and the Property, comply with all applicable laws and regulations (including health and safety regulations);
  • adequate liability insurance is in place in respect of the Holidaymakers’ stay; and
  • all Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow the Owner or any representative, access to the Property if reasonably required).
  1. Pets

Dogs are only allowed at Properties (at an additional charge of £20 per dog) where this is specifically stated in the Property description; additional dog restrictions may be contained in the “Need to Know” section – please read this section carefully.

Registered assistance dogs are allowed in all Properties.

You must notify us of the intended presence of any assistance dogs, with evidence of registration, prior to making a booking.

If any Holidaymaker has an allergy to dogs, please be aware that the Owners cannot guarantee that a dog has not stayed in a particular Property. Neither can the Owners accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.

The following dog terms apply:

  • Dogs must be under strict control at all times while in or at the Property;
  • Any fouling must be cleared up without delay;
  • The dog owner should preferably bring the dog”s bed or basket for sleeping in;
  • Dogs must not be left alone in or at the Property or elsewhere at any time;
  • Dogs must not lie on beds or furnishings, and hair must be cleared up before departing;
  • Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur subsequent charges;
  • Young dogs (e.g. puppies less than 6 months’ old) must be declared to the Owner at the time of booking and authorised by the Owner;
  • You will be liable for any damage caused by any Holidaymakers’ dogs. Any damage is to be reported to the Owner (or their representative) immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner”s discretion.

Pets other than dogs may be allowed at the Owner’s discretion. This must be approved prior to making a booking and can be arranged by contacting the Owner or our Representative (Caroline Nicholson).

If you break these terms, the Owner (including our representative) may notify you that you have broken these terms and may cancel the booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that they pay an additional reasonable charge.

 

  1. Complaints procedure

If you have any complaint concerning a Property, we, the Owner or our Representative will do our best to resolve your complaint, where possible. It is important to raise any complaint while you are still at the Property.

 

  1. Communication with you and data

Please see our Privacy Policy which explains how we will process your personal data.

All electronic data transferred pursuant to these terms and conditions remains our property and may not be replicated in part or whole without our prior written permission. Electronic data will not be preserved indefinitely by us.

 

  1. Limitation of Liabilities and Legal – Please pay particular attention to this section

The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions).

When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period of performance. You can see further details in the section “When you don’t get 14 days to cancel” on the citizen’s advice bureau website.

We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control.

If either you or ourselves as the Owner fail to comply with these terms and conditions you or the Owner will be liable (only) for losses which are a foreseeable consequence of the failure to comply with the applicable terms. Losses are foreseeable where they were contemplated by you and the Owner at the time you made the booking.

Nothing in these terms and conditions will limit the Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Owner’s negligence or the negligence of their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.

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