HOLIDAY BOOKING OF LA RUE, SARK
BOOKING TERMS AND CONDITIONS:
Your Holiday is subject to these Booking Terms and Conditions, which constitute a legally binding agreement made between you, as lead Guest on behalf of yourself and the Guests, and the Owner for you and the other Guests to occupy La Rue on a short-term basis as holiday accommodation.
The contract is formed when you pay the Deposit in accordance with clause 5 (Payment of the Deposit and Booking Fee). Your Holiday is not confirmed, and your booking will not be effective, until the Deposit has been paid and the contract has been entered into.
You warrant that:
you will ensure that the Guests are aware of the detail of these Booking Terms and Conditions, including as updated from time to time;
you and the Guests agree to comply with these Booking Terms and Conditions;
you have authority to bind the Guests to these Booking Terms and Conditions.
These Booking Terms and Conditions replace and supersede any previous editions and will be superseded and replaced by any updated Booking Terms and Conditions provided to you by the Manager from time to time.
2. Definitions and interpretation
In these Booking Terms and Conditions the following terms have the following meanings:
“Booking Confirmation” means the email from the Manager to you confirming that your booking has been accepted subject to payment of the Deposit and attaching these Booking Terms and Conditions;
“Booking Fee” means the cost of the Holiday, as confirmed in the Booking Confirmation, as well as any taxes (for example, VAT or a tourist/visitor tax) which may be or become payable;
“Booking Terms and Conditions” means this set of terms and conditions, as amended from time to time on notice to you from us;
“Deposit” means, unless otherwise specified in the Booking Confirmation, 25% of the Booking Fee;
“Guests” means you and each person staying with you at La Rue for the Holiday, as identified in the Booking Confirmation;
“Holiday” means the stay that you have booked to use La Rue as short-term holiday accommodation for the Holiday Period;
“Holiday Period” means the duration of the Holiday, being 4pm on the arrival date until 10am on the departure date set out in the Booking Confirmation;
“La Rue” means the house known as La Rue, Rue de la Seigneurie, Sark (not including any outbuildings on the La Rue site or the front garden);
“Manager” means Pauline Mallinson, email: email@example.com;
“Manager’s Agent” means the person notified to you as such in the Booking Confirmation or subsequently, in their capacity as agent for the Manager in respect of La Rue;
“Owner” or “we/us” means the owner of La Rue, represented by the Manager;
“Security Deposit” means the sum stated as such in the Booking Confirmation;
“you” means the lead Guest making a booking of La Rue with the Owner.
Where you agree to do or not do something under these Booking Terms and Conditions, you agree on behalf of yourself and the other Guests, unless the context specifically provides otherwise.
3. The Holiday and occupancy
La Rue shall be occupied by the Guests for a short-term holiday only and you, on behalf of yourself and the Guests, acknowledge and agree that the licence to occupy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
Rentals are for the Holiday Period only. La Rue must be vacated by the time stated as the end of the Holiday Period.
Only the Guests are permitted to occupy La Rue. If anyone other than a Guest occupies La Rue, the Owner is entitled to terminate the Holiday. If your Holiday is terminated in this way, you and your Guests (a) have no right to recover any part of the Booking Fee and (b) must vacate La Rue immediately. The Manager and Manager’s Agent each have the Owner’s authority to exercise its right to cancel the Holiday under this clause.
Up to the day before the start date of the Holiday Period, you can add Guests (up to the maximum number) by written request to the Manager. Changes to Guests will only be effective on written confirmation by the Manager. The Owner and Manager each have absolute discretion to reject a request for a change to the Guests.
The Guests have sole use (subject to the rights reserved by the Owner, Manager and Manager’s Agent under these Booking Terms and Conditions) of La Rue and shared use of the front garden for the Holiday Period. You acknowledge that there is a separate dwelling on the La Rue site which may be occupied by the Owner (or the Owner’s family and friends) during the Holiday, and the occupiers of this shall have shared use of the front garden with you.
4. Guest obligations
to ensure all Guests act responsibly and carefully while at La Rue and take good care of La Rue and leave it in a clean and tidy condition. If La Rue is not left in a clean and tidy condition, you agree to pay a cleaning charge;
to pay for any losses or damages to La Rue, or to outbuildings or the grounds on the La Rue site, or their fixtures, fittings and contents, caused by any Guest or anyone else invited to La Rue by a Guest during the Holiday (reasonable wear and tear excluded), and to report to the Manager or Manager’s Agent any damage or breakages made during the Holiday;
to pay the cost of any excessive gas, electricity, fuel, water and WiFi usage during the Holiday, as assessed by the Manager, acting reasonably and based on historic usage data;
to permit the Owner, and its employees, contractors and agents, including the Manager and Manager’s Agent, access to La Rue if they deem it necessary (on reasonable notice save in the case of emergency);
not to cause a nuisance or annoyance to occupants of nearby properties;
to ensure no-one smokes inside La Rue; and
to ensure all Guests comply at all times with all applicable laws and that no Guest or any other person any Guest invites into La Rue does anything which is illegal (whether against Sark law or the law of any other jurisdiction which may apply to the act, such as in respect of internet use).
Any payments or cleaning charges due under this clause 4 will be deducted from the Security Deposit in the first instance, and you shall be liable for any sums exceeding the Security Deposit. The Owner shall invoice you for, and you agree to pay within fourteen days of such invoice, any sums exceeding the Security Deposit.
5. Payment of the Deposit and Booking Fee
The Owner aims to ensure that the prices published on the La Rue website are accurate and up-to-date. However, the Booking Fee will be as specified in your Booking Confirmation and this may vary from the published price.
You shall pay the Deposit within seven days of the date of the Booking Confirmation, to the details given in the Booking Confirmation. This contract takes effect on payment of the Deposit.
Subject to clause 6 (Owner’s rights to reject a booking request or cancel the Holiday), the Deposit is non-refundable.
You shall pay the balance of the Booking Fee and the Security Deposit on the date stated in the Booking Confirmation or, if not specified, six weeks before the start date of the Holiday Period. Payment must be made to the details given in the Booking Confirmation. If payment is not made within seven days of the due date:
the Owner reserves the right to cancel the Holiday and re-let La Rue for all or part of the Holiday Period; and
the Deposit remains non-refundable.
The Owner shall refund the Security Deposit within a reasonable period following expiry of the Holiday Period or, if sooner, cancellation of the Holiday, less any sum the Owner assesses to be payable by you in respect of:
a breach of these Booking Terms and Conditions; and
any liability incurred by you under clause 4.
You are responsible for paying any transaction fees associated with any payment made under these Booking Terms and Conditions.
6. Owner’s rights to reject a booking request or cancel the Holiday
The Owner reserves their absolute right to reject any booking request. In particular:
the Owner will not accept booking requests where all Guests are under the age of 18 years;
booking requests for single sex groups (Hen/Stag parties) will not be accepted unless approved in writing, in advance, by the Manager (extra safety deposits may be required); and
the maximum number of Guests is six (excluding infants under two years old), of which no more than four Guests may be 18+ years old. Booking requests for more than that number will not be accepted.
The Owner reserves their right to cancel a Holiday immediately:
if the Owner has issued a Booking Confirmation in respect of a booking request falling into one of the three situations described above, and if so the Owner shall refund the Deposit if already paid; or
should any of the Guests arrive drunk and disorderly, and if so:
the Booking Fee and Deposit remain non-refundable; and
all Guests must vacate La Rue immediately.
The Manager and Manager’s Agent each have the Owner’s authority to exercise its right to cancel the Holiday under this clause (b).
In the event that La Rue becomes unavailable for all or part of your Holiday (for example as a result of fire or flooding) the Owner shall cancel all or part of the Holiday. The Owner shall notify you of this as soon as reasonably practicable and refund all monies paid by you to the Owner (or the relevant proportion in the case of curtailment) and this shall be your sole remedy in respect of such cancellation.
7. Your rights to cancel the Holiday
You can cancel the Holiday up to (and including) the day before the start date of the Holiday Period by notifying the Manager in writing.
If you cancel the Holiday:
within 24 hours of paying the Deposit, the Deposit will be refunded.
where the Holiday Period includes any date in July or August, eight weeks before the start date of the Holiday Period; or
otherwise, six weeks before the start date of the Holiday Period,
the Deposit remains non-refundable but you are not liable to pay the balance of the Booking Fee or the Security Deposit.
8. Breach of contract
If you or a Guest breach these Booking Terms and Conditions, the Owner may (themself or acting by the Manager or Manager’s Agent) re-enter the property and end the Holiday and require all Guests to vacate La Rue immediately.
If the Owner breaches these Booking Conditions, the Guests have the right to end the Holiday and leave.
If you or the Owner end the Holiday in accordance with this section this does not affect their other rights and remedies.
You, on behalf of yourself and the Guests, and the Owner agree that each of the Owner, the Manager, and the Manager’s Agent’s liability for any act, neglect, or default arising out of or in relation to this contract or the Holiday, whether willful or otherwise, is excluded to the fullest extent permitted by law.
In particular, you, on behalf of yourself and the Guests, acknowledge and agree that none of the Owner, the Manager, nor the Manager’s Agent are responsible or liable for:
the supervision of children, babies and any adults requiring care. La Rue, including its garden, courtyard, and surrounds, should not be considered as child friendly;
any losses arising because a Guest has not been able to access or use La Rue’s internet connection, or for any loss or damage to a Guest’s data, or for a Guest’s illegal or inappropriate use of La Rue’s internet connection; and
any disturbance to the Holiday caused by matters outside their control, including for example: any holiday fairs, fetes, events or festivals occurring during the letting season (or the cancellation of any such events); any noise or building works in the vicinity or on neighbouring properties; or the activity of any domestic animals or wildlife that may live in the vicinity.
You are responsible for any deliberate or accidental damage to La Rue and its contents in the course of the Holiday, including where damage is caused by the Guests or by anyone else staying at La Rue during the Holiday Period.
Pets are not normally allowed. In exceptional circumstances they may be allowed if the Manager has given you advance, written, express permission.
11. Bed linen and towels
Sheets, pillowcases, duvet covers and towels for use in the house are provided unless otherwise specified within the property description. House towels should not be taken to the beach but swimming towels can be provided on request at an additional charge.
Broadband speed and service can vary widely and may not be sufficient, or not at all times sufficient, for activities requiring faster speeds or greater bandwidth such as downloading or streaming films, TV programmes or music, making video calls or gaming.
If connection to the Internet is vital to a Guest, they must bring their own access (for example via a dongle or mobile hotspot) and should NOT rely on the internet provided with La Rue.
La Rue’s internet connection has no parental controls enabled.
13. Photos and descriptions
The property description and photos of La Rue on our website are provided in good faith but La Rue may have been subject to minor alterations. Whilst the Owner makes every effort to ensure the accuracy of the property description, they are not liable for any changes subsequently made to La Rue or its amenities. If a facility is particularly important to you or a Guest, please check with the Manager prior to booking.
Our aim is to provide you with excellent customer service. Occasionally we may fail to meet your expectations. Mistakes can happen and, when they do, we will try to put things right as quickly as possible.
If you have any cause for complaint concerning La Rue or your stay, please contact the Manager or Manager’s Agent immediately in person, by telephone or email. It is important that this is done as soon as possible so that an on-the-spot investigation can be made if necessary and remedial action taken if possible.
In no circumstances will compensation be considered for complaints raised after the Holiday has ended, when the Guests have denied the Manager and Manager’s Agent the opportunity of investigating the complaint and endeavouring to remedy matters during the Holiday.
15. Confidentiality and data protection
The Owner is committed to protecting your privacy. The Owner and Manager will only use the information that they collect about you lawfully.
Your information will only be disclosed by the Owner or Manager to third parties in the normal course of arranging and administering any insurance contract(s) and for the purposes of ensuring, monitoring and/or enforcing compliance with any laws or regulations/codes having the force of law.
All electronic data transferred pursuant to these terms and conditions remains the property of the Owner and may not be replicated in part or whole without the Owner’s prior written permission. The Owner will only preserve electronic data for a reasonable period of time, and will then delete it.
16. Rights of third parties
These Booking Terms and Conditions are not enforceable by anyone except you and the Owner, save that clause 9 (Liability) may also be enforced by each of the Manager and the Manager’s Agent.
17. Governing law and jurisdiction
This contract and any disputes arising out of or in relation to it and/or the Holiday are governed by Sark law. The Sark courts shall have exclusive jurisdiction in respect of any disputes arising out of or in relation to this contract or the Holiday.