Blue Chip Holidays Ltd Booking Conditions
1. The Parties
The Agent: means Blue Chip Holidays Ltd, incorporated and registered in England and Wales with the company number 4159187 whose registered office is at Brixham Enterprise Estate, Rea Barn Road, Brixham Devon TQ5 9DF.
The Owner: means the owner of the Property (Or their designated representative)
The Tenant: means the person booking a holiday in accordance with these Conditions.
2. Agreed Terms
The definitions and rules of interpretation in this Clause 2 apply to these conditions.
Promotion Material: means all paper and electronic media produced by the Agent to market the Property. It does not include any material produced by third parties.
The Commencement Date: means the date of the commencement of the holiday as confirmed by the Agent.
Departure Date: means the date of the end of the holiday as confirmed by the Agent.
The Deposit: means the amount requested by the Agent.
The Holiday: means the period from 3.00.p.m. on the Commencement Date until 10.00 a.m. on the Departure Date unless otherwise stated in the Promotion Material or agreed by the Agent.
Holiday Rental: means the total fee payable for the holiday inclusive of the Deposit, but exclusive of any security deposit and any other property specific extras.
Notice in Writing: Means notice by post or e-mail to the offices of the Agent or to the last address given by the Owner to the Agent for the purpose of correspondence.
The Property: means the Owner’s property as described in the Promotion Material.
3. Nature of the Agreement
3.1 The Agent acts as Booking Agent for the Owners of the Properties shown in the Promotion Material. The Tenant by booking the Property through the Agent enters into a Contract with the Owner of that Property subject to these conditions. The Agent is not the principal.
3.2 A Licence under these conditions is granted by the Owner to the Tenant for the purposes of holiday accommodation, as defined in schedule 1, paragraph 9 of the Housing Act 1988 and is not intended to create a relationship of Landlord and Tenant between the parties. The Tenant shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when the Holiday ends. If the Tenant or any member of the Tenant’s party fails to vacate the Property after the Holiday the Owner shall be entitled, apart from other remedies, to charge the Tenant a fee proportionate to the Holiday for the continued period of occupation.
Due to the unique nature of many of the properties advertised in the Promotion Material the Agent is unable to guarantee that they are suitable for disabled access. The Tenant is therefore advised that all properties which are suitable for disabled access will be advertised as such in the Promotion Material and an access statement can be supplied on request. If the Tenant is in any doubt as to the suitability of the Property they are strongly recommended to contact the Agent at the earliest possible opportunity.
5.1 No animal, bird or reptile is permitted in the Property except where the Property description allows a dog or cat at the Property, and under no circumstances should the number of such pets be exceeded.
5.2 A fee (specified at the time of booking) per pet is payable in respect of each week or part week occupation.
5.3 No pet is to be allowed on the furniture or in any bedrooms. Further restrictions may apply, please contact the Agent to discuss.
5.4 Pets must not be left alone at the Property at any time, should be house trained and must be at least 6 months old.
5.5 The Tenant is responsible for cleaning up after their pet and removing as much pet hair as possible from the Property on the Departure Date. If in the reasonable opinion of the Agent the Property requires additional cleaning following a pet’s stay (including but not limited to removal of pet hairs and carpet cleaning) this will be charged to the Tenant.
5.6 Tenants are advised that even where the Property does not accept pets it cannot be guaranteed that the Property has not had animals in it in the past.
6. Right to Occupy, Party Size and Late Arrival
6.1 The Owner permits the Tenant and the Tenant’s party (but no more than the number of people stated in the Promotion Material) to occupy the Property for a Holiday, payment for which is required in advance, together with the use of furnishings, kitchen equipment, crockery, glass, etc. Bed linen and towels (but not beach towels) are supplied in the properties, unless otherwise stated.
6.2 The Tenant must certify when completing or confirming the booking that they are over 18 years of age. The Tenant must be a member of the occupying party and be authorised to agree to the Booking Conditions on behalf of all party members. The Tenant agrees to take responsibility for all members of the party including any payments, default or change in personal circumstances. The Owner reserves the right to terminate this agreement without prior notice should the Tenant be in breach of any requirement as stated in this clause 6.2.
6.3 The Tenant’s right to occupy the Property may be forfeited without compensation or an additional charge made should the Tenant allow more guests to occupy the Property than stated on the booking form or should any overnight guests be entertained without the Owner’s express permission.
6.4 The use of the Property for the purposes of a hen/stag party is not permitted unless otherwise agreed by the Owner or the Agent.
6.5 The Property is available for occupation no earlier than 3.00 p.m. on the day of arrival and must be vacated by 10.00 a.m. at the latest on the day of departure, unless otherwise stated in the property description or agreed by the Agent beforehand, in writing.
6.6 If the Tenant arrives outside office hours the Agent will make every effort to ensure that the keys are available provided that notice of late arrival is given. The Agent accepts no liability if the Tenant cannot gain access to the Property if no notice is provided. The Agent strongly suggests that the Tenant arrives during office hours whenever possible or notifies the Agent of a late arrival with sufficient notice.
7. Booking and Payments
7.1 A booking is only accepted by the Agent by the supply of all required booking details via website, fax or telephone.
7.2 All bookings must be accompanied by the Deposit and fee for extras (where applicable) or, if the booking is made less than 56 days before the Commencement Date, the total Holiday Rental together with the fees for extras (where applicable). The Agent will then confirm the booking in Writing, whereupon (if the total fees have not already been paid) the Tenant is liable for the total Holiday Rental, which must be paid at least 56 days before the Commencement Date without further demand. If the full balance of the Holiday Rental sum is not received by the Agent 56 days prior to the Commencement Date the Deposit will be forfeited and the Property will be re-let.
7.3 If the Tenant varies the terms of the booking after the Deposit has been paid and the booking has been confirmed in writing the Agent reserves the right to make a reasonable additional charge in respect of any added administrative work required as a result of the variation.
8.1 When a Deposit has been paid and the booking confirmed in writing the Tenant is liable for the balance of the Holiday Rental for the period booked. The Deposit and any extras are not refundable.
9. Property Description
9.1 The Agent works closely with the Owner to ensure that all properties within the Promotion Material are fairly and accurately described. Occasionally an Owner will make changes to the set-up of their property after publication of the Agent’s Promotion Material for which the Agent cannot be held responsible. Where these changes materially alter the nature of a booking the Agent will contact the Tenant in writing informing the Tenant of the nature of the changes.
9.2 Where facilities such as internet access are offered, this is an indication that such services are available however no guarantees are made over the speed and quality of the service .
9.3 By placing a booking with Blue Chip Holidays, the tenant confirms that they have read the full property description and any notifications held within.
10. Your Obligations
10.1 The Tenants must:
10.1.1 allow the Owner or the Agent or its authorised representatives to enter the Property to inspect the state of it and to carry out any necessary works of maintenance or repair, at all reasonable times upon 24 hours prior notice or in the event of emergency at any time without notice, causing as little inconvenience to the Tenant as is reasonably practicable and making good any damage caused to the Property and to the Tenant’s property;
10.1.2 keep the Property and all furniture, fittings and contents in the same state of repair and condition as at the commencement of the holiday. All damage, breakages or equipment failure in the Property or to its contents must be reported to the Agents as soon as is reasonably practicable. The Agent will make reasonable endeavours to repair the damage as soon as is practicable, however there is no guarantee that the repairs will be affected during the holiday period. Should any damage to the Property be caused by any act or omission of the Tenant then the Tenant shall be liable for the cost of replacement or repair of any such item. The Tenant agrees to notify the Agent of any such damage as soon as is reasonably practicable and the Agent shall notify the Tenant of the cost of any such replacement or repair within 14 days of the damage being reported. Any repair or replacement shall be to the original standard. Should any damage caused by an act or omission of the Tenant result in a cancellation of a future booking of another tenant then the Tenant shall be held liable for all consequential losses;
10.1.3 not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining properties;
10.1.4 not to do or permit any acts that would make any insurance policy on the Property void or voidable or increase the premium;
10.1.5 be responsible for placing any rubbish in the correct bags and location for collection as per the individual property’s waste collection instructions. The Agent reserves the right to pass on any charges resulting from incorrect disposal of rubbish;
10.2 In the event that there is a dispute between the Parties and the Tenant is found at fault then the Tenant shall be responsible for meeting the Owner’s and Agent’s reasonable costs (and if applicable legal fees).
10.3 The Owner or the Owner’s nominated representative reserves the right to repossess the Property in the event that any of the requirements as stated in clauses 10.1.1 to 10.1.5 inclusive are breached. The Owner further reserves the right to repossess the Property if excessive damage is caused by the Tenant or by a member of the Tenant’s party.
11. Security Deposits
Certain properties marketed by the Agent require that a security deposit is paid in respect of the contents and general condition of the Property. Should this deposit be required the monies shall be held by the Agent until such a time (usually 7 days after completion of the Holiday) as the Agent or Owner has inspected the Property. The balance will then be returned to the Tenant (less any deductions). A copy of the Agent’s security deposit policy document shall be made available at the Agent’ s registered office or supplied to the Tenant upon written request.
12. Holiday Insurance
Once a Tenant has made a booking then he becomes liable to the Owner for the Deposit and balance of the Holiday Rental as more fully described in clauses 7 and 8 of this agreement. The Tenant is strongly recommended to secure adequate holiday insurance, which may be procured (subject to availability), through the Agency, or secured through the broker of the Tenant’s choice.
13. Damage to the Property
The Tenant is liable for the full cost of any damage caused to or within the Property during the Holiday. By accepting this agreement the Tenant agrees that the Agent may take a payment in respect of any damage from the Tenant’s credit or debit card up to the value of the damage caused. A copy of the Agent’s damages policy document shall be made available at the Agent’s registered office or supplied upon written request. Please note that all Blue Chip Holidays properties are non smoking.
14.1 If the Tenant has a complaint in respect of the Property then this must be reported to the Owner’s designated property manager (or the Agent if the property manager is unavailable) within 24 hours of arrival to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered to a Tenant by the Agent or Owner should the Tenant deny the Owner or Agent the opportunity to rectify the issue during the Holiday.
14.2 The Agent will act on a goodwill basis as arbiters between the Tenant and the Owner to resolve any dispute but cannot be held liable if one or both parties are dissatisfied with the outcome.
14.3 Neither the Owner nor the Agent accepts responsibility for work taking place outside the boundary of a Property, or for noise or nuisance resulting from third party activity over which the Owner or the Agent has no control.
15. Property Unavailable Before Holiday Period
In the event that a property becomes unavailable for reasons beyond the control of the Agent, the Agent will make every effort to find a suitable alternative property for the Holiday Period, but otherwise the Holiday Rental and any other sums paid by the Tenant will be refunded. The Tenant will have no further claim against the Owner or the Agent.
16. Early Termination
This Agreement may be cancelled before the end of the Holiday Period by the Agent giving the Tenant notice only in the event that the Tenant is in material breach of the terms of these Conditions or by reason of fire or some other catastrophic event of a type covered in a comprehensive insurance policy. In the case of cancellation other than by reason of the Tenant’s default the Agent shall return to the Tenant the appropriate proportion of the Holiday Rental attributable to the unexpired Holiday Period.
17.1 Neither the Owner nor the Agent shall be liable for any death or personal injury unless this results from an act of negligence or breach of statutory duty by the Owner or by the Agent or any of their employees (providing they were at the time acting in the course of their employment).
17.2 The Tenant must take all necessary steps to safeguard personal property. No liability is accepted by the Owner or by the Agent in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act of negligence or breach of statutory duty by the Owner or by the Agent or that of any of their employees (providing they were at any time acting in the course of their employment). The Agent acts only as an Agent for the Owner, as such the Agent cannot accept any liability for any act of negligence or breach of statutory duty by the Owner or anyone representing, or employed by, the Owner.
17.3 The Agent reserves the right to charge a callout fee of £25.00 per hour either in the event that the Tenant wishes the Agent to attend the property outside of normal working hours or that the keys to the Property have been mislaid and the Tenant requires access. This hourly charge does not include the replacement of any lost keys.
17.4 Except in respect of death or personal injury, if the Owner or the Agent is found liable to the Tenant on any basis, the maximum amount the Owner or the Agent will have to pay to the Tenant is the amount of the Holiday Rental. Neither the Owner nor the Agent shall be liable to the Tenant by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Owner or the Agent, their representatives or agents or otherwise) which arise out of or in connection with these.
17.5 Every effort is made to ensure all items of equipment described and supplied by the Owners are in good working order; however no guarantee is given or liability accepted if breakdowns occur before or during a holiday. Whilst the Agent and/or Owner will endeavour to organise repairs or replacements as quickly as possible, delays may occur, particularly during the main season.
17.6 Nothing in these Conditions affects liability for death or personal injury caused by the Owner’s or Agent’s negligence or for fraudulent misrepresentation, or statutory rights as a consumer.
18. Data Protection
18.1 The Agent and the Owner will only use any personal information provided by the Tenant for the purposes of making available and managing the Property, or for informing the Tenant of the availability of similar services, unless the Tenant otherwise agrees.
18.2 The Tenant can correct any information or ask for information about him to be deleted, by giving written notice to the Agent, at the address, fax number or e-mail address shown in the Promotion Material or on the Agent’s website.
19. Third Party Rights
19.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
19.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement
20. Applicable Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts
21. Clause Headings
Clause Headings are inserted for convenience and are to be ignored for the purposes of construction.