BOOKING CONDITIONS

1  DEFINITIONS

In these Conditions:

  1. ‘the Agency’ means Toms Holidays Limited incorporated in England and Wales with company number 04619874 whose registered office is Wessex House, Teign Road, Devon, TQ12 4AA;
    1. ‘the Owner’ means the owner of the Property;
    1. ‘the Property’ means the Owner’s property as described on the Agency’s website.
    1. ‘you’ means the person booking a holiday in accordance with these Conditions;
    1. ‘the Commencement Date’ means the date of the commencement of the Holiday Period as confirmed by the Agency;
    1. ‘the Departure Date’ means the date of the end of the Holiday Period as confirmed by the Agency;
    1. ‘the Deposit’ means 25% of the Holiday Rental;
    1. ‘the Holiday Period’ means the period from 4.00pm on the Commencement Date until 9.00am on the Departure Date unless otherwise stated on the website or agreed by the Agency;
    1. ‘the ‘Holiday Rental’ means the total rental due and payable for the Holiday Period, and exclusive of security deposit and other extras;
    1. ‘notice in writing’ means notice by post or by email to the address given to confirm the booking. A notice given in accordance with these Conditions is deemed to be both given and received: if it is posted:

on the 2nd (or, when sent by airmail, 5th) business day after the date of posting; if transmitted by email: on the date and at the time shown on the delivery receipt retained by the Sender.

2  THE PARTIES

The Agency act as booking agency for the Owners of the Property shown on the Agency’s website. As soon as you book a Property through the Agency you enter into a contract with the Owner of that Property subject to these Conditions (which also explain and regulate the Agency’s role). The Agency are not principals.

3  NATURE OF THE AGREEMENT

A licence under these Conditions is granted by the Owner to you for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to an assured short hold 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 Period ends.

4  USE

The licence under these Conditions is personal to you. You must not use the Property except for the purpose of a holiday during the Holiday Period, and not for a longer period. If you or any members of your party fails to vacate after the Holiday Period, the Owner shall be entitled, apart from other remedies to charge you a fee proportionate to the Holiday Rental for the continued period of occupation.

5  DISABILITIES & ALLERGIES

6  PETS

7  RIGHT TO OCCUPY, PARTY SIZE & LATE ARRIVAL

8  BOOKING AND PAYMENT

9  PROPERTY DESCRIPTION

The Agency work closely with the Owner to ensure that all properties on the Agency’s website are fairly and accurately described. The Agency cannot be held responsible for any changes to the set up of the Property not notified to the Agency by the Owner. Should any further information be required on a particular Property, please call the relevant office and the Agency will endeavour to find out all they can for you.

Electric Car Charging – Charging of electric cars is not permitted from any of the properties.

10  YOUR OBLIGATIONS

You must:

  1. allow the Owner or the Agency by its authorised representatives to enter the Property to inspect the state of it and to carry out necessary works of maintenance or repair, at all reasonable times upon 24 hours’ prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused to the Property;
  2. keep the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage caused by you during the Holiday Period. You are required to leave the Property, including equipment, in a clean and tidy condition after your stay. If the Property is left in an unreasonable condition additional cleaning charges may be applicable;
  3. not cause any damage to the walls, doors or windows of the Property;not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises;
  4. not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium; and,
  5. comply with any rules or regulations applicable to the Property booked, full details of which will be made available to you and any other regulations reasonably made from time to time after prior consultation with you and notified to you from time to time during the Holiday Period and ensure that they are observed by all members of your family or party.
  6. be responsible for placing any rubbish from your stay in the correct bags and location for collection as per the individual property’s waste collection instructions. The Agency reserves the right to pass on any charges resulting from the incorrect disposal of rubbish.
  7. not use the Property to charge any electric vehicle unless otherwise agreed with the Owner or Agency beforehand. The Owner reserves the right to repossess the Property if excessive damage has been caused by you or a member of your party.

11  ACCIDENTAL DAMAGE WAIVER SCHEME AND SECURITY DEPOSITS

Certain bookings are accepted subject to payment of a non-refundable Accidental Damage Waiver (ADW) (or a refundable Security Deposit) to cover the cost of minor damage and/or breakages in/at/to the property during your holiday up to the advertised Security Deposit value. This charge means that you will be exempt from having to pay for any minor accidental damage and/or breakages in/at/to the property up to this value. The ADW (or refundable Security Deposit) is payable to us with your final balance in addition to payment of the holiday rental.

Security Deposits are refunded within 14 days of departure subject to any deductions necessary by reason of your or any member of your party’s breach of your obligations in clause 10 (above). If the accidental damage or breakages in/at/to a property exceed the advertised Security Deposit value, you will be liable for any additional costs of repair.

12  COMPLAINTS

  1. If you have a complaint in respect of a Property you must report it to the Agency within 48 hours of arrival to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered if you deny the Agency or Owner the opportunity to rectify matters during the Holiday Period.
  2. The Agency will act on a goodwill basis as arbitrators between you and the Owners to resolve any dispute satisfactorily but cannot be held liable if one or both parties are dissatisfied with the outcome.
  3. Neither the Owner nor the Agency accepts responsibility for work taking place outside the boundary of a Property, nor for noise or nuisance resulting from third party activity over which the Owner or the Agency has no control.

13  PROPERTY UNAVAILABLE BEFORE HOLIDAY PERIOD

If a Property becomes unavailable, for reasons beyond the control of the Agency, the Agency 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 you will be refunded. You will have no other claim against the Owner or the Agency.

14  TERMINATION

Your contract may be terminated before the start or end of the Holiday Period by the Agency giving you notice only in the event of you being in material breach of the terms of these Conditions or by reason of fire or some other catastrophic event of the type covered in a comprehensive insurance policy. In the case of termination otherwise than by reason of your default the Agency shall return to you the appropriate proportion of the Holiday Rental attributable to the then unexpired remainder of the Holiday Period.

15  LIABILITY

  1. Neither the Owner nor the Agency shall be liable for any death or personal injury unless this results from an act of neglect or breach of statutory duty by the Owner or the Agency or any of their employees (providing they were at the time acting in the course of their employment).
  2. You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or the Agency in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the Owner or the Agency or that of any of their employees (providing they were at the time acting in the course of their employment). As the Agency acts only as agent for the Owner, the Agency cannot accept any liability for any act neglect or breach of statutory duty by the Owner or anyone representing, or employed by, the Owner. N.B. Any personal property recovered by the Agency can be forwarded to you for a fee to cover the cost of postage and administration (minimum charge = £10.00).
  3. The Agency reserves the right to charge you a ‘call-out’ fee of £25.00/hr in the event to gain access to the Property if keys are lost or mislaid outside normal working hours (this would be additional to the cost of replacement keys if the originals cannot be found)
  4. .Limitation Of Liability. Except in respect of death or personal injury, if the Owner or the Agency is found liable to you on any basis, the maximum amount the Owner or the Agency will have to pay you is the amount of the Holiday Rental. Neither the Owner nor the Agency shall be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express 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 Agency, their servants or agents or otherwise) which arise out of or in connection with these Conditions.
  5. Every effort is made to ensure all items of equipment described and supplied by Owners are in good working order; however no guarantee is given or liability accepted if breakdowns occur before or during a holiday. Whilst the Agency and/or Owner will endeavour to organise repairs or replacements as quickly as possible, delays inevitably do occur, particularly during the main season.
  6. Neither the Agency or Owner can be held responsible for the non-provision of, or changes to, any advertised service that is in the control of a third party (eg. Health Spa or Club membership, communal swimming pool availability, parking etc.
  7. Every effort is made to ensure that broadband, internet and telephone services etc are working, but no guarantee is given or liability is accepted if a breakdown/fault occurs before or during a holiday. Whilst the Agency and/ or Owner will endeavour to organise repairs as quickly as possible with the third party supplier, a resolution may not be immediately possible.
  8. Nothing in these Conditions affects any liability for death or personal injury caused by the Owner’s or the Agency’s negligence or for fraudulent misrepresentation, or your statutory rights as a consumer.

16  DATA PROTECTION

  1. The Agency shall abide by its Privacy Policy in the handling of any personal data provided to it. The Privacy Policy is available for inspection online at www.tomsholidays.co.uk/privacy or can be provided upon request.
  2. The Agency provides your personal data to third parties, including the Owner, in order to provide you with the Property and associated services.

17  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.

18  BOOKING REFUND PROTECTION

Refund protection is available at an additional cost. Full terms and conditions of the refund protection can be provided upon request or are available on the Agency’s website.

WiFi Terms & Conditions

1. By using and/or activating service with us you agree to be bound by this agreement. If you do not
agree to the terms of the agreement, do not use the service.

2. Extent of the Service
2.1. All services are provided on an “as is” basis. We do not warrant that the service is fault free or fit
for any particular purpose, or that our system is secure. You assume all responsibility and risk for use
of the service.
2.2 Save for the purposes of network diagnostics we do not examine the use to which you put the
Service or the nature of the information you send or receive.
2.3 We will always try to make the service available, but it may be interrupted, limited or curtailed due
to maintenance and repair work, transmission or equipment limitations/failures.
2.4 We reserve the right at all times to withdraw the Service, change the specifications or manner of
use of the Service, to change access codes, usernames, passwords or other security information
necessary to access the service.

    3 Access the Service.

    3. Your Use of the Service
    3.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
    3.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
    3.1.2 contain obscene, profane or abusive language or material;
    3 Civil and criminal liability can arise from monitoring content or interception of e-mails and extreme
    care should be taken to ensure that this does not happen.
    3.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or
    arousing nature);
    3.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical
    or mental disability, medical condition or sexual orientation;
    3.1.5 contain material which infringe third party’s rights (including intellectual property rights);
    3.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business
    or are otherwise unlawful or inappropriate;

    3.2 Music, video, pictures, text and other content on the internet are copyright works and you should
    not download, alter, e-mail or otherwise use such content unless certain that the owner of such works
    has authorised its use by you.
    3.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in
    breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
    3.4 We recommend that you do not use the service to transmit or receive any confidential information
    or data and should you choose to do so you do so at your own risk.
    3.5 The Service is intended for consumer use only. In the event that you use the Service for
    commercial purposes we would specifically refer you to clause 5.2 below.

    4 Child Supervision
    4.1 We are concerned about the safety and privacy of our users, particularly children. Parents who
    wish to allow their children access to and use of the Website/Services should supervise such access
    and use. By allowing your child access to the Services you are allowing your child access to all of the
    Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or
    communication facilities. It is therefore your responsibility to determine which Services are appropriate
    for your child. Always use caution when revealing personally identifiable information about yourself or
    your children via any of the Services.

      5. Criminal Activity
      5.1 You must not use the Service to engage in any activity which constitutes or is capable of
      constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
      5.2 You agree and acknowledge that we may be required to provide assistance and information to law
      enforcement, governmental agencies and other authorities.
      5.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of
      any devices which access the Service, the times when they have accessed the Service and the
      activity associated with that IP address

      5.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-
      holders in the investigation of any suspected or alleged illegal activity by you which may include, but

      is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or
      otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

      6. Our Use of your Information
      6.1 It is important to ensure that this clause is complied with (or amended depending on how the data
      is used) and Data you collect is processed in accordance with the Data Protection Act and any
      mailings comply with the the Privacy and Electronic Communications (EC Directive) Regulations 2003

      7. Other Terms
      7.1 You agree to compensate us fully for any claims or legal action made or threatened against us by
      someone else because you have used the service in breach of these terms and conditions, and in
      particular clause 3.1 to 3.3 and 5.1 above.
      7.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are
      injured or die as a result of our negligence we have no responsibility (to the extent permitted by law)
      to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit,
      revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted
      expenditure, business interruption, loss arising from disclosure of confidential information, loss arising
      from or in connection with use of the service or inability to use or access the service or a failure,
      suspension or withdrawal of all or part of the service at any time or damage to physical property or for
      any other similar direct loss that may arise in relation to this agreement whether or not we were
      advised in advance of the possibility of such loss or damage.

           

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