Stay Ca Holidays
Terms and Conditions
**Stay Ca Holidays Limited Booking Terms & Conditions**
**1\. DEFINITIONS**
**The Agent**: means Stay Ca Holidays Limited, incorporated and registered in England and Wales with the company number 15674759 whose registered office is at 2 Canal View, Westleigh, Tiverton, EX17 7HW
**The Owner**: means the owner of the Property (or their designated representative)
**The Customer**: means the person booking a holiday in accordance with these Conditions.
**Listing**: means all paper and electronic media produced by the Agent to market the Property. It does not include any material produced by third parties.
**Start Date**: means the date of the Start of the holiday as confirmed by the Agent.
**End Date**: means the date of the end of the Holiday as confirmed by the Agent.
**Deposit**: means the deposit amount requested by the Agent.
**Holiday**: means the period from the check in time on the Start Date until the check out time on the End Date unless otherwise stated in the Listing or agreed by the Agent.
**Rental Fee**: means the total fee payable for the holiday inclusive of the Deposit, but exclusive of any security deposit and any other property specific extras.
**Written Notice**: 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 Listing.
**Event Outside Control**: any act or event beyond Stay Ca Holidays’ or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.
**2. NATURE OF THE AGREEMENT**
2.1 Stay Ca Holidays act as an agent for the Owner. The rental arrangements are made by Stay Ca Holidays, on behalf of the Owner, and the contractual relationship is formed direct between the Owner and the Customer.
2.2 Stay Ca Holidays will, on request, provide the name and address of the Owner to the Customer, or act as a forwarding address for the Owner.
**3\. Duration and times of rental**
3.1 The Rental Periods are for a maximum of 21 days and commence at 4.00pm on the Start Date and end at 10.00am on the End Date, unless otherwise agreed in writing by Stay Ca Holidays.
3.2 The Rental Period cannot be exceeded unless Stay Ca Holidays give prior written approval. The Customer will be liable for any cost, of whatever nature, incurred as a result of any unauthorised extension.
**4\. Deposit**
4.1 If a booking is made eight weeks or more before the Start Date, a Deposit is payable. The Deposit shall be paid by the Customer at the time they submit the booking to Stay Ca Holidays.
4.2 If a booking is made less than eight weeks before the Start Date, the full Rental Fees, plus any additional charges (such as charges for pets and charges for Optional Extras) must be paid at the time of submitting the Booking.
4.3 The Customer’s submission of a Booking is an offer to book the Property. If the Property is available on the requested dates, Stay Ca Holidays will send a Booking Confirmation to the Customer. At this point a binding contract, incorporating these Conditions, will come into existence.
4.5 Stay Ca Holidays reserve the right to refuse a booking, including where the Customer has used abusive, derogatory, inappropriate or offensive language (whether in respect of the current booking or a previous booking) when communicating with Stay Ca Holidays’ employees and representatives. If Stay Ca Holidays refuses a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded to the Customer immediately.
**5\. Final payment**
5.1 Unless otherwise agreed in writing by Stay Ca Holidays, the Rental Fees shall be set out on the Website at the time of submitting the Booking.
5.2 Subject to clause 7, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 5.3, together with any additional charges.
5.3 Payment of the Rental Fees and additional charges are due to Stay Ca Holidays eight weeks before the Start Date (the “Due Date”) and non-payment by the Due Date may be treated as a cancellation.
5.4 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer will be deemed to have cancelled their booking and Stay Ca Holidays shall retain the Booking Deposit and any other fees or monies collected relating to the booking.
5.5 Stay Ca Holidays shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5.6 If the Customer varies the terms of booking after the Deposit has been paid and the booking confirmed in writing, the Agent reserves the right to make an additional charge of £35 in respect of any added administrative work required as a result of the variation. Any variation is subject to approval be either the Agent or the Owner
**6\. Cancellation**
6.1 A booking can only be cancelled prior to the Start Date.
6.2 If a Customer wishes to cancel the booking, it must notify Stay Ca Holidays in writing (“Cancellation Notice”). Clauses 15.1 – 15.2 shall apply if the Property is unavailable due to an Event Outside Control.
6.3 If, for any reason, we are unable to offer the Property to you for the duration of the Accommodation then we shall use reasonable endeavours to find suitable alternative accommodation for you.
6.4 If, under clause 17.3, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
6.4 Stay Ca Holidays strongly recommends that Customers and Guests take out cancellation insurance in relation to their booking.
6.5 Cancellations may incur an administration charge of £75 (including VAT)
**7\. Price changes**
7.1 Stay Ca Holidays reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.
7.2 Subject to clause 23, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Stay Ca Holidays will adjust the rate of VAT and the Customer agrees to pay the applicable rate.
7.3 Prices for holidays fluctuate throughout the year and guest can not request for changes to prices should their chosen properties price be reduced after submitting their booking.
**8\. Method of payment**
8.1 All payments made to Stay Ca Holidays may be made by credit card, debit card or electronic bank transfer.
8.2 Customers located outside the United Kingdom shall pay in Pounds Sterling by credit card, debit card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
**9\. Eligibility**
Stay Ca Holidays does not accept bookings for hen or stag parties or from groups of people under the age of 18 years.
**10\. The holiday**
The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
**11\. Customer obligations**
The Customer agrees:
11.1 to report to Stay Ca Holidays any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer.
11.2 keep the Property and all fixtures, fittings and contents in the same state of repair and condition as at the Start of the holiday. 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 Customer then the Customer shall be liable for the cost of replacement or repair of any such item. The Customer agrees to notify the Agent of any such damage as soon as is reasonably practicable and the Agent shall notify the Customer 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.
11.3 to pay for any losses or damages to the Property caused by a Guest (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guests then Stay Ca Holidays, on behalf of the Owner, have the right to reclaim any costs incurred from the card the Customer used to pay the Rental Fees. Costs recovered will be the fee for a repair or replacement of the item(s) and the time used to facilitate this and may exceed the sum of the Damage and Housekeeping Deposit. If it necessitates an insurance claim by the Owner, the Customer may be contacted directly by the insurance underwriters to recover the cost of the claim. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests.
11.4 Should any damage caused by an act or omission of the Customer result in a cancellation of a future booking of another Customer then the Customer shall be held liable for all consequential losses.
11.5 to take good care of the Property and leave it in a clean and tidy condition at the End Date. A cleaning service is not provided during the Rental Period unless otherwise agreed in writing by Stay Ca Holidays. If the Owner is dissatisfied with the condition of the Property at the End Date, they reserve the right to charge additional cleaning fees. Stay Ca Holidays also reserves the right to refuse to accept subsequent bookings from that Customer. If a Customer is excluded from two or more Properties by different Owners, then Stay Ca Holidays reserve the right to refuse to accept any more bookings from that Customer, at any other property.
11.6 not to do or permit any acts that would make any insurance policy on the Property void or voidable or increase the premium;
11.7 be responsible for placing any rubbish in the correct 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;
11.8 to permit the Owner, Housekeeper and Stay Ca Holidays reasonable access to the Property at all times without notice;
11.9 not to part with possession of the Property, or share it, except with Guests identified on the Booking Confirmation;
11.10 not to sell or transfer the booking to another party without Stay Ca Holidays’ prior written consent;
11.11 to ensure that only the Guests who are identified on the Booking occupy the Property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the Start Date;
11.12 not to smoke, use e-cigarettes, vapes, or any other smoking or vaping devices at the Property or cause an annoyance.
become a nuisance to occupants of adjoining premises including but not restricted to:
\- To behave in a way, at all times while at the Property, which does not break any law
\- Not to use the Property for any illegal or commercial purpose
\- Not to sublet the Property or any part thereof or otherwise allow anyone to stay in it who the Agent has not previously accepted on behalf of the Owner as a member of the Customer’s party
\- Not to behave in an anti-social manner, breach the peace or otherwise act in a way which may disrupt of affect the enjoyment of others
11.13 to only use the designated parking spaces allocated (if any). Unless otherwise stated, all parking spaces shall only accommodate an average-sized car (e.g. a family hatchback). The Owner and Stay Ca Holidays accept no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged;
11.14 to at all times behave in a respectful and polite manner to the Owner, Stay Ca Holidays and its employees and representatives;
11.15 to not use any abusive, derogatory, inappropriate or offensive language when communicating with the Owner, Stay Ca Holidays or its employees and representatives;
11.16 to not charge the Customer or Guest’s electric or hybrid vehicle, or e-bike, at the Property unless it is described as offering an electric vehicle charging point or e-bike charging facilities on the Website. The Customer and Guests further agree that they shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may cause safety risks and damage to the Property;
11.17 to ensure that any third party service providers (e.g. caterers and private chefs) have taken out insurance policies to cover all risks associated with the services they are providing;
11.18 to not use or light candles within the Property. This is to prevent potential fire hazards and ensure safety of all Guests;
11.19 Declare any special requirements to a member of the Agent’s team before the booking is placed. It is the Customer’s responsibility to make the Agent aware of any allergies, mobility issues or other considerations that may require consideration at the time of booking.
11.20 We will provide you with details on how to access the property and other sensitive information about the property, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.
11.21 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 11.6 and 11.9 to 11.18 inclusive are breached. The Owner further reserves the right to repossess the Property if excessive damage is caused by the Customer or by a member of the Customer’s party. In such an event no refund will be offer to the Customer.
11.22 In the event that there is a dispute between the Parties and the Customer is found at fault then the Customer shall be responsible for meeting the Owner’s and Agent’s reasonable costs (and if applicable legal fees).
11.23 to indemnify Stay Ca Holidays, its employees, agents, and representatives from and against all claims, damages, losses, and expenses, including legal fees, arising out of, or resulting from the Customer or Guest’s occupancy and use of the Property, including but not limited to any claims brought by third parties. This indemnification obligation shall survive the termination of this agreement; and
11.24 that notices (including notices in proceedings) must be served on the Owner at the following address: c/o Stay Ca Holidays Limited 2 Canal View, Westleigh, EX16 7HE
**12\. Pets**
12.1 Pets are only permitted at the Property with the prior written consent of Stay Ca Holidays and the Owner and where the property is advertised as accepting pets. The number of pets must not exceed the number indicated as accepted on The Listing.
12.2 Additional charges and additional conditions imposed by Stay Ca Holidays and the Owners. If pets are permitted, the Customer agrees that they shall be kept under control and exercised away from the Property.
12.3 Pets are not permitted in the bedrooms or on the furniture in the Property and neither Stay Ca Holidays nor the Owners can accept responsibility for their safety.
12.4 Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. Furthermore, pets must be house trained, over 6 months old and on the End Date of the Booking, the Customer agrees clean up after the pet which includes the removal excess pet hair from the property.
12.5 Where a property does not accept pets, Stay Ca Holidays or the Owners cannot guarantee that there have been no pets previously kept at the Property.
**13\. Assistance dogs**
Stay Ca Holidays welcome assistance dogs, but where the Property does not ordinarily accept a dog, Stay Ca Holidays (as an agent acting on behalf of the Owner) must verify whether the Property can accommodate dogs with the Owner before issuing the Booking Confirmation.
**14\. Property descriptions**
14.1 By placing a booking with the Agent, the Customer confirms that they have read the full property description and all associated notifications.
14.2 Some of the information on the Website relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Stay Ca Holidays’ control. If Stay Ca Holidays is aware of any material changes at the time of the Customer’s booking, then it shall endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which the Customer and Guests should rely. Although Stay Ca Holidays make reasonable efforts to ensure the information on the Website is up to date, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
14.3 Where facilities such as internet access or electric vehicle charging are offered, this is an indication that such services are available however no guarantees are made over the speed and quality of the service, and no compensation will be offered in the event of non performance
14.4 The Agent works closely with the Owner to ensure that all properties within the Listing are fairly and accurately described. Occasionally an Owner will make changes to the set-up of their property after publication of the Agent’s Listing for which the Agent cannot be held responsible. Where these changes materially alter the nature of a booking the Agent will contact the Customer in writing informing the Customer of the nature of the changes.
14.5 Where Hot Tubs are offered, they will be cleaned prior to your arrival and may take up to 24 hours to reach optimum temperature
**15\. Non-availability of Property**
15.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.
**16\. Complaints**
16.1 All complaints must be notified to Stay Ca Holidays as soon as reasonably practicable, as Stay Ca Holidays may be required to carry out an on-the-spot investigation of the Property and if necessary, request the Owner to take remedial action. All Customers have a legal obligation to mitigate their losses. No compensation will be offered to a Customer by the Agent or Owner should the Customer deny the Owner or Agent the opportunity to rectify the issue during the Holiday. If the issue is not resolved to the Customer’s satisfaction during their stay, they must contact the Agent within 7 days of their End date
16.2 The Customer agrees that Stay Ca Holidays and the Owner shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
16.3 The Agent is a mediator between the Customer and Owner to try and resolve the situation to both parties’ satisfaction. The agent cannot be held responsible or liable should either party be unhappy with the outcome of a complaint.
16.4 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
16.5 Stay Ca Holidays cannot accept responsibility for any legislation relating to dogs not being permitted on beaches or other public areas
17\. **Bed linen and towels**
Linen and towels are changed at the End Date. If the Customer requires fresh linen and towels during the Rental Period, it shall contact Stay Ca Holidays and Stay Ca Holidays may agree to provide fresh linen and towels subject to the payment of an additional charge.
**18\. Liability**
18.1 Nothing in these Conditions excludes or limits the liability of Stay Ca Holidays or the Owners for:
i. death or personal injury caused by Stay Ca Holidays’ or the Owners’ negligence; or
ii. any matter which it would be illegal for Stay Ca Holidays or the Owners to exclude or attempt to exclude their liability.
18.2 If the Owner fails to comply with these Conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these Conditions or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
18.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
**19\. VAT** Many of the Owners are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the Rental Fees.
**20\. Breach of contract**
20.1 If there is a substantial breach of any of these Conditions by the Customer or any Guests including a breach of clauses 11.9 to 11.18, the Owner or Stay Ca Holidays reserve the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.
20.2 If there is a substantial breach of any of these Conditions by Stay Ca Holidays or the Owners, then the Customer has the right to terminate (i.e. bring to an end) the contract that exists in relation to the Property and may leave the Property.
20.3 Ending the contract by either Stay Ca Holidays, the Owner or the Customer does not affect that party’s other rights and remedies.
**21\. Personal Data**
21.1 The Owner shall collect the names (first names and surnames), addresses and, if the Guest is under eighteen years of age, the age of the Guests (“Contact Data”). The Owner will process the Contact Data: i. to verify the identity of the Customer and Guests who will be occupying the Property; and ii. to contact the Customer and Guests by post with information about the Owner’s Property.
21.2 The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.
21.3 The Owner may pass this personal information to Stay Ca Holidays and other third party service providers (acting as the Owner’s agent) for the purpose of completing the booking and supplying the Property to the Customer and Guests.
21.4 Stay Ca Holidays also obtain the Customer’s personal information in the course of the sale, or negotiations for the sale, to the Customer. Stay Ca Holidays may contact the Customer by electronic means (email or text) with relevant information, offers and similar properties. If the Customer does not want Stay Ca Holidays to use its personal information in this way, it can opt out at any time by contacting Stay Ca Holidays or by using the links provided in the email. Stay Ca Holidays may also contact the Customer by postal means with marketing materials. If the Customer does not want Stay Ca Holidays to use its personal information in this way, it can opt out at any time by contacting Stay Ca Holidays.
21.5 Stay Ca Holidays may retain the Customer’s information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
**22\. Authority to sign**
The Customer who completes the Booking Form agrees that:
22.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added after the Booking Confirmation is issued, and ensure that the Guests comply with these Conditions;
22.2 they are over eighteen years of age; and
22.3 they agree to take responsibility for the Guests occupying the Property, and to notify Stay Ca Holidays if they are not a Guest.
**23\. Priority**
If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.
**24\. Previous websites and conditions**
The Website and these Conditions replace and supersede all previous Websites and Conditions.
**25\. Validity clause**
In the event that a court finds that a condition (or part of a condition) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.
**26\. Third Party Rights**
The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
**27\. Governing Law and Jurisdiction**
The contract between the Owner and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including noncontractual disputes or claims).
**1\. DEFINITIONS**
**The Agent**: means Stay Ca Holidays Limited, incorporated and registered in England and Wales with the company number 15674759 whose registered office is at 2 Canal View, Westleigh, Tiverton, EX17 7HW
**The Owner**: means the owner of the Property (or their designated representative)
**The Customer**: means the person booking a holiday in accordance with these Conditions.
**Listing**: means all paper and electronic media produced by the Agent to market the Property. It does not include any material produced by third parties.
**Start Date**: means the date of the Start of the holiday as confirmed by the Agent.
**End Date**: means the date of the end of the Holiday as confirmed by the Agent.
**Deposit**: means the deposit amount requested by the Agent.
**Holiday**: means the period from the check in time on the Start Date until the check out time on the End Date unless otherwise stated in the Listing or agreed by the Agent.
**Rental Fee**: means the total fee payable for the holiday inclusive of the Deposit, but exclusive of any security deposit and any other property specific extras.
**Written Notice**: 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 Listing.
**Event Outside Control**: any act or event beyond Stay Ca Holidays’ or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.
**2. NATURE OF THE AGREEMENT**
2.1 Stay Ca Holidays act as an agent for the Owner. The rental arrangements are made by Stay Ca Holidays, on behalf of the Owner, and the contractual relationship is formed direct between the Owner and the Customer.
2.2 Stay Ca Holidays will, on request, provide the name and address of the Owner to the Customer, or act as a forwarding address for the Owner.
**3\. Duration and times of rental**
3.1 The Rental Periods are for a maximum of 21 days and commence at 4.00pm on the Start Date and end at 10.00am on the End Date, unless otherwise agreed in writing by Stay Ca Holidays.
3.2 The Rental Period cannot be exceeded unless Stay Ca Holidays give prior written approval. The Customer will be liable for any cost, of whatever nature, incurred as a result of any unauthorised extension.
**4\. Deposit**
4.1 If a booking is made eight weeks or more before the Start Date, a Deposit is payable. The Deposit shall be paid by the Customer at the time they submit the booking to Stay Ca Holidays.
4.2 If a booking is made less than eight weeks before the Start Date, the full Rental Fees, plus any additional charges (such as charges for pets and charges for Optional Extras) must be paid at the time of submitting the Booking.
4.3 The Customer’s submission of a Booking is an offer to book the Property. If the Property is available on the requested dates, Stay Ca Holidays will send a Booking Confirmation to the Customer. At this point a binding contract, incorporating these Conditions, will come into existence.
4.5 Stay Ca Holidays reserve the right to refuse a booking, including where the Customer has used abusive, derogatory, inappropriate or offensive language (whether in respect of the current booking or a previous booking) when communicating with Stay Ca Holidays’ employees and representatives. If Stay Ca Holidays refuses a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded to the Customer immediately.
**5\. Final payment**
5.1 Unless otherwise agreed in writing by Stay Ca Holidays, the Rental Fees shall be set out on the Website at the time of submitting the Booking.
5.2 Subject to clause 7, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 5.3, together with any additional charges.
5.3 Payment of the Rental Fees and additional charges are due to Stay Ca Holidays eight weeks before the Start Date (the “Due Date”) and non-payment by the Due Date may be treated as a cancellation.
5.4 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer will be deemed to have cancelled their booking and Stay Ca Holidays shall retain the Booking Deposit and any other fees or monies collected relating to the booking.
5.5 Stay Ca Holidays shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5.6 If the Customer varies the terms of booking after the Deposit has been paid and the booking confirmed in writing, the Agent reserves the right to make an additional charge of £35 in respect of any added administrative work required as a result of the variation. Any variation is subject to approval be either the Agent or the Owner
**6\. Cancellation**
6.1 A booking can only be cancelled prior to the Start Date.
6.2 If a Customer wishes to cancel the booking, it must notify Stay Ca Holidays in writing (“Cancellation Notice”). Clauses 15.1 – 15.2 shall apply if the Property is unavailable due to an Event Outside Control.
6.3 If, for any reason, we are unable to offer the Property to you for the duration of the Accommodation then we shall use reasonable endeavours to find suitable alternative accommodation for you.
6.4 If, under clause 17.3, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
6.4 Stay Ca Holidays strongly recommends that Customers and Guests take out cancellation insurance in relation to their booking.
6.5 Cancellations may incur an administration charge of £75 (including VAT)
**7\. Price changes**
7.1 Stay Ca Holidays reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.
7.2 Subject to clause 23, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Stay Ca Holidays will adjust the rate of VAT and the Customer agrees to pay the applicable rate.
7.3 Prices for holidays fluctuate throughout the year and guest can not request for changes to prices should their chosen properties price be reduced after submitting their booking.
**8\. Method of payment**
8.1 All payments made to Stay Ca Holidays may be made by credit card, debit card or electronic bank transfer.
8.2 Customers located outside the United Kingdom shall pay in Pounds Sterling by credit card, debit card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
**9\. Eligibility**
Stay Ca Holidays does not accept bookings for hen or stag parties or from groups of people under the age of 18 years.
**10\. The holiday**
The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
**11\. Customer obligations**
The Customer agrees:
11.1 to report to Stay Ca Holidays any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer.
11.2 keep the Property and all fixtures, fittings and contents in the same state of repair and condition as at the Start of the holiday. 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 Customer then the Customer shall be liable for the cost of replacement or repair of any such item. The Customer agrees to notify the Agent of any such damage as soon as is reasonably practicable and the Agent shall notify the Customer 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.
11.3 to pay for any losses or damages to the Property caused by a Guest (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guests then Stay Ca Holidays, on behalf of the Owner, have the right to reclaim any costs incurred from the card the Customer used to pay the Rental Fees. Costs recovered will be the fee for a repair or replacement of the item(s) and the time used to facilitate this and may exceed the sum of the Damage and Housekeeping Deposit. If it necessitates an insurance claim by the Owner, the Customer may be contacted directly by the insurance underwriters to recover the cost of the claim. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests.
11.4 Should any damage caused by an act or omission of the Customer result in a cancellation of a future booking of another Customer then the Customer shall be held liable for all consequential losses.
11.5 to take good care of the Property and leave it in a clean and tidy condition at the End Date. A cleaning service is not provided during the Rental Period unless otherwise agreed in writing by Stay Ca Holidays. If the Owner is dissatisfied with the condition of the Property at the End Date, they reserve the right to charge additional cleaning fees. Stay Ca Holidays also reserves the right to refuse to accept subsequent bookings from that Customer. If a Customer is excluded from two or more Properties by different Owners, then Stay Ca Holidays reserve the right to refuse to accept any more bookings from that Customer, at any other property.
11.6 not to do or permit any acts that would make any insurance policy on the Property void or voidable or increase the premium;
11.7 be responsible for placing any rubbish in the correct 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;
11.8 to permit the Owner, Housekeeper and Stay Ca Holidays reasonable access to the Property at all times without notice;
11.9 not to part with possession of the Property, or share it, except with Guests identified on the Booking Confirmation;
11.10 not to sell or transfer the booking to another party without Stay Ca Holidays’ prior written consent;
11.11 to ensure that only the Guests who are identified on the Booking occupy the Property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the Start Date;
11.12 not to smoke, use e-cigarettes, vapes, or any other smoking or vaping devices at the Property or cause an annoyance.
become a nuisance to occupants of adjoining premises including but not restricted to:
\- To behave in a way, at all times while at the Property, which does not break any law
\- Not to use the Property for any illegal or commercial purpose
\- Not to sublet the Property or any part thereof or otherwise allow anyone to stay in it who the Agent has not previously accepted on behalf of the Owner as a member of the Customer’s party
\- Not to behave in an anti-social manner, breach the peace or otherwise act in a way which may disrupt of affect the enjoyment of others
11.13 to only use the designated parking spaces allocated (if any). Unless otherwise stated, all parking spaces shall only accommodate an average-sized car (e.g. a family hatchback). The Owner and Stay Ca Holidays accept no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged;
11.14 to at all times behave in a respectful and polite manner to the Owner, Stay Ca Holidays and its employees and representatives;
11.15 to not use any abusive, derogatory, inappropriate or offensive language when communicating with the Owner, Stay Ca Holidays or its employees and representatives;
11.16 to not charge the Customer or Guest’s electric or hybrid vehicle, or e-bike, at the Property unless it is described as offering an electric vehicle charging point or e-bike charging facilities on the Website. The Customer and Guests further agree that they shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may cause safety risks and damage to the Property;
11.17 to ensure that any third party service providers (e.g. caterers and private chefs) have taken out insurance policies to cover all risks associated with the services they are providing;
11.18 to not use or light candles within the Property. This is to prevent potential fire hazards and ensure safety of all Guests;
11.19 Declare any special requirements to a member of the Agent’s team before the booking is placed. It is the Customer’s responsibility to make the Agent aware of any allergies, mobility issues or other considerations that may require consideration at the time of booking.
11.20 We will provide you with details on how to access the property and other sensitive information about the property, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.
11.21 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 11.6 and 11.9 to 11.18 inclusive are breached. The Owner further reserves the right to repossess the Property if excessive damage is caused by the Customer or by a member of the Customer’s party. In such an event no refund will be offer to the Customer.
11.22 In the event that there is a dispute between the Parties and the Customer is found at fault then the Customer shall be responsible for meeting the Owner’s and Agent’s reasonable costs (and if applicable legal fees).
11.23 to indemnify Stay Ca Holidays, its employees, agents, and representatives from and against all claims, damages, losses, and expenses, including legal fees, arising out of, or resulting from the Customer or Guest’s occupancy and use of the Property, including but not limited to any claims brought by third parties. This indemnification obligation shall survive the termination of this agreement; and
11.24 that notices (including notices in proceedings) must be served on the Owner at the following address: c/o Stay Ca Holidays Limited 2 Canal View, Westleigh, EX16 7HE
**12\. Pets**
12.1 Pets are only permitted at the Property with the prior written consent of Stay Ca Holidays and the Owner and where the property is advertised as accepting pets. The number of pets must not exceed the number indicated as accepted on The Listing.
12.2 Additional charges and additional conditions imposed by Stay Ca Holidays and the Owners. If pets are permitted, the Customer agrees that they shall be kept under control and exercised away from the Property.
12.3 Pets are not permitted in the bedrooms or on the furniture in the Property and neither Stay Ca Holidays nor the Owners can accept responsibility for their safety.
12.4 Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. Furthermore, pets must be house trained, over 6 months old and on the End Date of the Booking, the Customer agrees clean up after the pet which includes the removal excess pet hair from the property.
12.5 Where a property does not accept pets, Stay Ca Holidays or the Owners cannot guarantee that there have been no pets previously kept at the Property.
**13\. Assistance dogs**
Stay Ca Holidays welcome assistance dogs, but where the Property does not ordinarily accept a dog, Stay Ca Holidays (as an agent acting on behalf of the Owner) must verify whether the Property can accommodate dogs with the Owner before issuing the Booking Confirmation.
**14\. Property descriptions**
14.1 By placing a booking with the Agent, the Customer confirms that they have read the full property description and all associated notifications.
14.2 Some of the information on the Website relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Stay Ca Holidays’ control. If Stay Ca Holidays is aware of any material changes at the time of the Customer’s booking, then it shall endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which the Customer and Guests should rely. Although Stay Ca Holidays make reasonable efforts to ensure the information on the Website is up to date, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
14.3 Where facilities such as internet access or electric vehicle charging are offered, this is an indication that such services are available however no guarantees are made over the speed and quality of the service, and no compensation will be offered in the event of non performance
14.4 The Agent works closely with the Owner to ensure that all properties within the Listing are fairly and accurately described. Occasionally an Owner will make changes to the set-up of their property after publication of the Agent’s Listing for which the Agent cannot be held responsible. Where these changes materially alter the nature of a booking the Agent will contact the Customer in writing informing the Customer of the nature of the changes.
14.5 Where Hot Tubs are offered, they will be cleaned prior to your arrival and may take up to 24 hours to reach optimum temperature
**15\. Non-availability of Property**
15.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.
**16\. Complaints**
16.1 All complaints must be notified to Stay Ca Holidays as soon as reasonably practicable, as Stay Ca Holidays may be required to carry out an on-the-spot investigation of the Property and if necessary, request the Owner to take remedial action. All Customers have a legal obligation to mitigate their losses. No compensation will be offered to a Customer by the Agent or Owner should the Customer deny the Owner or Agent the opportunity to rectify the issue during the Holiday. If the issue is not resolved to the Customer’s satisfaction during their stay, they must contact the Agent within 7 days of their End date
16.2 The Customer agrees that Stay Ca Holidays and the Owner shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
16.3 The Agent is a mediator between the Customer and Owner to try and resolve the situation to both parties’ satisfaction. The agent cannot be held responsible or liable should either party be unhappy with the outcome of a complaint.
16.4 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
16.5 Stay Ca Holidays cannot accept responsibility for any legislation relating to dogs not being permitted on beaches or other public areas
17\. **Bed linen and towels**
Linen and towels are changed at the End Date. If the Customer requires fresh linen and towels during the Rental Period, it shall contact Stay Ca Holidays and Stay Ca Holidays may agree to provide fresh linen and towels subject to the payment of an additional charge.
**18\. Liability**
18.1 Nothing in these Conditions excludes or limits the liability of Stay Ca Holidays or the Owners for:
i. death or personal injury caused by Stay Ca Holidays’ or the Owners’ negligence; or
ii. any matter which it would be illegal for Stay Ca Holidays or the Owners to exclude or attempt to exclude their liability.
18.2 If the Owner fails to comply with these Conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these Conditions or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
18.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
**19\. VAT** Many of the Owners are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the Rental Fees.
**20\. Breach of contract**
20.1 If there is a substantial breach of any of these Conditions by the Customer or any Guests including a breach of clauses 11.9 to 11.18, the Owner or Stay Ca Holidays reserve the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.
20.2 If there is a substantial breach of any of these Conditions by Stay Ca Holidays or the Owners, then the Customer has the right to terminate (i.e. bring to an end) the contract that exists in relation to the Property and may leave the Property.
20.3 Ending the contract by either Stay Ca Holidays, the Owner or the Customer does not affect that party’s other rights and remedies.
**21\. Personal Data**
21.1 The Owner shall collect the names (first names and surnames), addresses and, if the Guest is under eighteen years of age, the age of the Guests (“Contact Data”). The Owner will process the Contact Data: i. to verify the identity of the Customer and Guests who will be occupying the Property; and ii. to contact the Customer and Guests by post with information about the Owner’s Property.
21.2 The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.
21.3 The Owner may pass this personal information to Stay Ca Holidays and other third party service providers (acting as the Owner’s agent) for the purpose of completing the booking and supplying the Property to the Customer and Guests.
21.4 Stay Ca Holidays also obtain the Customer’s personal information in the course of the sale, or negotiations for the sale, to the Customer. Stay Ca Holidays may contact the Customer by electronic means (email or text) with relevant information, offers and similar properties. If the Customer does not want Stay Ca Holidays to use its personal information in this way, it can opt out at any time by contacting Stay Ca Holidays or by using the links provided in the email. Stay Ca Holidays may also contact the Customer by postal means with marketing materials. If the Customer does not want Stay Ca Holidays to use its personal information in this way, it can opt out at any time by contacting Stay Ca Holidays.
21.5 Stay Ca Holidays may retain the Customer’s information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
**22\. Authority to sign**
The Customer who completes the Booking Form agrees that:
22.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added after the Booking Confirmation is issued, and ensure that the Guests comply with these Conditions;
22.2 they are over eighteen years of age; and
22.3 they agree to take responsibility for the Guests occupying the Property, and to notify Stay Ca Holidays if they are not a Guest.
**23\. Priority**
If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.
**24\. Previous websites and conditions**
The Website and these Conditions replace and supersede all previous Websites and Conditions.
**25\. Validity clause**
In the event that a court finds that a condition (or part of a condition) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.
**26\. Third Party Rights**
The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
**27\. Governing Law and Jurisdiction**
The contract between the Owner and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including noncontractual disputes or claims).