1.0 BOOKING TERMS

Before making a booking request through the Company, please read these booking Terms carefully. When you make a booking request through the Company whether by, online, email or telephone, these booking Terms are deemed to be accepted by you. The Company draws your attention, in particular to the paragraphs headed, ‘Our Role and Scope of Our Liability’, ‘What we are and are not Liable for’ and ‘Owners Liability’. The Company acts on behalf of the Home Owner with who your contract is with.

2.00    DEFINITIONS

‘You and us’:                            

In these terms and conditions (which we call ‘Booking Terms’).

‘we’, ‘us’, ‘our’: 

means Domvs Holidays Limited on behalf of the Home Owner. We own and operate www.domvs.co.uk (“the Site“)

‘you’, ‘your’: 

means the guest who is making a booking request.

Bookings: 

These Booking Terms apply to any booking you make through us for use of a holiday property (which we call a “Property“) featured on our Site (we call that booking of a Property a “Booking“). The Booking might be made via email or telephone. When you make a Booking you are entering into a legally binding contract as follows:

Contract:

With the Home Owner. The Company arrange a Booking with you on behalf of the Home Owner. That means that when you book a Property through the Company, you are entering into a contract directly with the Home Owner for the use of the Property and any related services (“Rental Contract”). The terms of the Rental Contract are:

• these Booking Terms
• the dates (and time periods) for a Booking during which you will be entitled to use the Property (“Holiday Period“);
• the other details specific to your Booking including the Property and any restrictions notified to you during the Booking process (“Booking Details“);
• the charges payable by you to us for hiring the Property and any related services which are otherwise due to us by you (“Rental Charges“); and
• any other special or additional conditions we draw to your attention during the Booking process before accepting your Booking by providing you with a Booking Confirmation (as defined below).

Other contracts:

We may offer you services which will be provided by a third party directly to you or sometimes assist in facilitating payments between you and the third party in respect of those services. If you accept those services from the third party, the contract for those services will be between you and the third party specifically. An example might be The Dorset Concierge Service. We call these types of services “Third Party Other Services“.

Charges:

For charges: *we charge you a non-refundable booking fee (the amount of which varies per booking).

Site terms of Use:

Please note that additional terms apply to the use of and access to the Site by you, for example the Privacy Policy and Cookie Policy and Terms of Use in place at the time you make your Booking.

All the Legal Terms:

Before you use the Site, or make a Booking, please carefully read these Booking Terms, our Terms of Use in place at the time you make your Booking and all other policies we refer to in those documents including our Privacy Policy, Cookie Policy and any other policy we may bring to your attention when you are making a Booking. We recommend that you print or save a copy of these for your reference.

Changes to these Booking Terms:

These Booking Terms were recently updated on the date that appears at the top of this page. However, please be aware that we may update these Booking Terms from time to time. We may make these changes by posting a copy of them on the Site; please check the latest version of these Booking Terms before you make a Booking to ensure you understand the legal terms that apply at that time. Any changes will take effect 14 days after the date on which we post the modified terms on the Site. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Booking Terms will not apply to any Bookings for which we have sent you a Booking Confirmation before the date when the modified Booking Terms come into effect.

Questions: 

If you have any questions about these Booking Terms, please contact us using the contact details at the top of the agreement.

Other Definitions:

In addition to the definitions above, to make these Booking Terms easier to read, we use a few other definitions which apply throughout. These are:

“Balance” means the balance of the Total Charges payable by you after payment of the Deposit as set out in paragraph 3.

“Booking Confirmation” is defined in paragraph 3.09.

“Deposit” means the initial instalment of the Total Charges quoted to you during the Booking process and payable by you when making a Booking and all collected by us on behalf of a third party. Please note where you cancel a Booking after we send you your Booking Confirmation as set out in paragraph 3.09 because you have changed your mind, your Deposit payment will be non-refundable.

“Total Charges” means the total charges that you owe to us under the Rental Contract which may include any Third-Party Other Services.

“Visitors” means guests other than you who are booked to stay at the Property during the Holiday Period under your Booking and includes, if we have approved, any additional guests permitted to attend the Property during the Holiday Period.

How to read these Booking Terms

• Whenever you see a general phrase followed by words like “include”, “including”, “for example”, “such as” or “in particular” (or anything similar) the general phrase stays as a general phrase – what follows are just non-exclusive examples of the general phrase.
• it is what is in the full paragraph itself that counts in terms of these Booking Terms.

3.0 MAKING YOUR BOOKING

3.01   

You must be 18 years of age or over and have the legal capacity to enter into a legally binding agreement.

3.02

You must register with us by email or by telephone by providing your full name, telephone number, email address and any other information we request in order to process your registration.

3.03

You must possess a valid payment method such as a valid debit or credit card, or bacs transfer.

3.04

By submitting a Booking to us, you confirm that:

• everything in paragraph 3.02 is true and accurate; and
• you and the guests agree to these Booking Terms.

3.05

You may make a Booking by contacting us by telephone or by email. If you provide your Booking Details to us by email, we shall arrange to call you at a mutually convenient time to confirm/finalise those details.

3.06

By making a Booking through us you are making an offer to:

• enter into a Rental Contract with us in relation to the Property you have selected;
• enter into the Rental Contract with us; and
• pay us all amounts due in respect of the Deposit and Total Charges.

3.07

Please note the Rental Contract does not create any type of landlord and tenant relationship. A Rental Contract only creates a temporary licence for you to occupy.

3.08

The following steps must take place before a Booking can be confirmed:

• For telephone Bookings or bookings received by email;
• We will confirm to you via email your Booking Details and various other details for you to confirm they are accurate, and you are happy with these details. You may make any required amendments at this point. We will then request your payment details and we will process payment of your Deposit or Total Charges in respect of your Booking; and
• We will confirm your booking reference and will send you a receipt for your payment by email to the email address you have provided.

3.09

Provided we have successfully processed your Deposit and any other payment (which may include the Total Charges), and the Property is available for the Holiday Period, we will send you an email/letter confirming your Booking together with a link to these Booking Terms and other details relating to your Booking. We call this the “Booking Confirmation”. Please note you must check your emails/post regularly. If we do not hear from you within 24 hours of sending, we will take it as acceptance of these details. Let us know promptly about any change to your postal/email address so you inform us how to communicate with you.

3.10

We will provide you with a Booking Confirmation via email/post, accepting your offer as outlined in paragraph 3.09 on behalf of the Home Owner. When we send you the confirmation, you enter into the legally binding Rental Contract.

3.11

Please check all the details within 24 hours in your Booking Confirmation, if you think there are any mistakes or errors, we may be able to amend your Booking but you could incur additional costs as per paragraph 10.02. Where mistakes or errors occur which are our fault in your Booking we will then reissue your Booking Confirmation. You will not incur any additional costs for this.

3.12

Even after we have sent you the Booking Confirmation, we, on behalf of the Home Owner, have the right to cancel a Booking where we reasonably believe:

• the Booking is not legitimate;
• you have broken or are likely to break any of the Booking Terms relating to a previous or current Booking;
• any information you have supplied is incorrect or insufficient; or
• you have behaved in an inappropriate, abusive or unlawful manner to us, or our staff.

3.13

If we cancel your booking in any of these circumstances we will tell you in writing and neither we, nor the Home Owner, will have any further responsibility to you and you may have to pay us and third parties (where applicable) all costs and expenses reasonably incurred in providing you with the Rental Contract respectively up to the date we cancel the Booking.

3.14

We may also, acting on behalf of the Home Owner, have the right to cancel a Booking even after we have sent you the Booking Confirmation, where the Home Owner notifies us that the Property is unavailable for your intended Holiday Period (and this is not due to an Unexpected Event, or for one of the reasons referred to in clause 12. If this occurs, we shall refund you: (i) the Rental Charges that you have already paid for the Booking; (ii) and (iii) any other compensation that may be due to you in these circumstances.

3.15

There may be some restrictions on Bookings:

• the maximum holiday period for any Booking is generally 28 consecutive days and is always subject to availability of the particular Property. However, certain Properties may have a shorter maximum Holiday Period, which will be clearly stated on the relevant Property description page on our Site. You will not be permitted to make a Booking for a Holiday Period which is longer than this maximum period.
• certain Properties will only be available for Bookings of a minimum holiday period. This will be clearly stated on the relevant Property description page on our Site. You will not be permitted to make a Booking with a Holiday Period that is shorter than this minimum period.

4.00 OUR ROLE AND SCOPE OF OUR LIABILITY

(SEE ALSO PARAGRAPH 16 ‘WHAT WE ARE AND ARE NOT LIABLE FOR’)

4.01

We will perform your booking (“Booking Services”) using reasonable care and skill.

4.02

To be clear:

• We act as agent for the Home Owner by arranging Bookings on the Owner’s behalf and collect Rental Charges from guests (in this case, you) on behalf of the Home Owner for the Properties that appear on the Site. We do not own any of the Properties, but an Owner has authorised us to refuse any Bookings on the Owner’s behalf in accordance with these Booking Terms; and
• We may act on behalf of certain third parties when introducing to you the Third Party Other Services, but we are not responsible to you for the services which make up the Third Party Other Services being the responsibility of the third party supplying those services.

4.03

Our obligations to you are limited to those in connection with the Booking Services. Accordingly, we accept no liability for any defects or unavailability of the Property during the Holiday Period for the Rental Contract or any other problems with your holiday. Your rights under these Booking Terms and the Rental Contract, a Property or your holiday are only against the Home Owner unless we have done something wrong in relation to the Booking Services or which caused a problem which leads to a loss directly as a result of our failure in relation to providing the Booking Services. Also, we accept no responsibility for the acts or omissions of third parties who provide Third Party Other Services to you when your contract is with the relevant third party and not ourselves.

4.04

We make every effort to ensure the descriptions relating to the Properties on our Site are accurate and complete. These descriptions include details of the Property including photos, the availability period of the Property for rental, the Rental Charges, the facilities available at the Property, maximum occupancy numbers. If we discover a mistake or error relating to the information, we will use reasonable efforts to correct the information promptly and contact you if the information relates to a Booking that you have already made.

4.05

Unfortunately, sometimes some services or equipment provided by the Home Owner or other third parties or facilities including amenities or attractions nearby in relation to a Property, which are detailed on our Site, may become unavailable or be restricted. As this is outside our control, we do not accept any responsibility for any changes, unavailability or restrictions of these services or facilities. If such services, equipment or facilities are not provided in circumstances when you have paid additional amounts for them to us please follow the complaints procedure set out in paragraph 19.

4.06

Our Booking Services are available for your personal, private, and non-commercial use only. You may not offer for resale any Booking Services, Third Party Other Services without our, or where applicable the relevant Third Party’s express written permission.

4.07

The Home Owner cannot and does not guarantee the speed of any broadband at the Property or what you will be able to download or stream whilst there. If the description of the Property does not state that Wi-Fi is included it is not. Please be aware that internet and phone reception in rural areas can sometimes be poor. The Home Owner shall not be responsible for such matters except, if the description of the Property states that Wi-Fi is included, whereby the Owner will be responsible for ensuring that Wi-Fi has been set up at the Property.

4.08

We are aware that many holiday property owners are using CCTV systems for the safety and security of their property and guests. You may be notified as part of the description of the Property or at the Property itself where CCTV is in operation. You may contact us relating to the purpose of the CCTV, the data being processed and how long any footage is retained, if this information is not already apparent at the Property.

4.09

If the Property is in an agricultural area there will occasionally be sounds and smells associated with countryside living that cannot be avoided. In respect of any Property there may be traffic noise. Neither we nor the Owner shall be held liable for building work noise or disruption coming from neighbouring properties.

5.0 CHARGES AND PAYMENT

5.01

Before submitting your Booking to us, you will be presented with or told the Total Charges payable for your Booking, together with a partial breakdown of the Total Charges such as:

• The Booking fee becomes non-refundable (or any balance outstanding in respect of the Booking becomes payable in full) once your Booking is confirmed by us with a Booking Confirmation other than as set out in paragraphs 3.14, 5.05, 5.06, 10.03, 11.02, 11.03 and 13.02; and
• Any additional charges quoted during the Booking process when you make your Booking, for example, heating supplements, pet charges and other services you have purchased which may be part of the services we provide and therefore part of the Rental Charge owed to us; or which may be part of the Third Party Other Service Charges.

5.02

If you are paying a Deposit rather than the entire Total Charges when making your Booking, you will also be provided with the date by which to pay the Balance normally 6 weeks before the start of your Holiday Period. Please note that we may (but are not obliged to) contact to remind you of the due date for payment of the Balance. You should also take note of when the Balance is due for your own reference. However, if the date the Balance would normally fall due for your Booking has already passed, we will ask you at the time of the Booking to pay the Balance too.

5.03

We currently accept various forms of payment including debit card, credit card, or BACS. Please refer to our Site for details of the payment cards and other methods of payment we currently accept.

5.04

We take the payments due at the time of Booking from your chosen payment method once you have entered or otherwise provided your payment details and confirmed you wish to pay for the Booking, subject to payment authorisation. If the Balance or any other additional payments are due after you receive your Booking Confirmation, then:

• you authorise us to take payment for these amounts from your chosen payment method using your original payment method. If there has been a change to the Total Charges we will contact you before taking the changed payment; or
• if your chosen payment method you authorised has expired or cannot be used we will contact you to inform you of this, so you can arrange payment.

5.05

We use our best efforts to ensure these stated charges are correct at the time you submit relevant information onto our systems. However, it is always possible that, despite our best efforts, some of the charges on the Site may be incorrectly priced. We will normally check these prices as part of our confirmation procedures so that:

• where the actual Total Charges are less than those quoted to you at the time you made your Booking, we will charge the lower amount when providing you with the Booking Confirmation; and
• where the actual Total Charges are higher than those quoted to you at the time you made your Booking, we will contact you as soon as possible to inform you of any error and will give you the option of continuing to book the Property at the correct (higher) charges or cancel your Booking. We will not process your Booking or issue the Booking Confirmation until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the Booking process, we will treat the Booking as cancelled and refund the amounts you have paid us, and notify you in writing.

5.06

If we accept and process your Booking where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing or we identify it within 48 hours of us accepting and processing your Booking, we may cancel your Booking, and refund you any sums you have paid to us.

5.07

If you think any amounts of which we notify you as due are wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly notified sums from the original date that such payments were due.

5.08

Total Charges include VAT, where applicable, which you shall be responsible for paying.

5.09

Total Charges quoted are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.

5.10

Please note some Home Owners may charge a ‘good housekeeping bond’, which will be included alongside the charges quoted to you during the Booking process. If applicable to your booking, the ‘good housekeeping bond’ may be paid by you via the method explained in paragraph 11.

5.11

We will tell you during the Booking process that we will hold on record your payment details used to make your Booking in order to collect the ‘good housekeeping bond’ if appropriate and you authorise us to take this payment. If the payment details you have used to make the Booking have expired or cannot be used to collect the ‘good housekeeping bond’, then we shall contact you to arrange immediate payment of the bond from you. If you cancel the payment method provided to us for this purpose you must immediately provide us with an alternative payment method and authority for us to use it.

5.12

The Home Owner must, within 14 days of the end of the relevant Holiday Period, notify us if they wish to claim all or part of the bond from you. If the Home Owner fails to notify us within the defined period we will not collect any payment from you. If we do collect all or any part of the bond, we will notify you in writing of the reasons for doing so. We have no control over whether the Home Owner instructs us to collect any part of the bond on their behalf, if you do not agree with the bond payment made to the Home Owner or deducted by us on behalf of the Home Owner, please follow the complaints procedure set out in paragraph00.

6.00    CURRENCIES AND INTEREST PAYMENTS

6.01

All charges are quoted in British Pounds Sterling.

6.02

No currencies other than British Pounds Sterling are acceptable.

6.03

If you do not make any payment to us by the date payment is due we and/or the Home Owner may charge interest on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time but at 4% a year for any period when that base rate is below 0%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7.0 YOUR RESPONSIBILITIES

7.01

You must make sure that all the information you provide in connection with your Booking, including all Booking Details, are true, accurate, current and complete.

7.02

You accept full financial and other responsibility for all transactions made under your name or account held with us. We will notify you of any payments due and you shall be responsible for paying them within the timescales specified.

7.03

You promise before, during and after the Holiday Period:

• the number of people and pets (if allowed) occupying the Property will not exceed the number stated in the Booking Confirmation;
• you cannot arrange for additional visitors to come to the Property or hold events such as parties, celebrations or meetings at the Property without obtaining the Company’s written consent in advance;
• the Property will be used solely for the purpose of a holiday or private accommodation by you and your visitors and will not be used for any commercial or business purpose, unless advance permission is expressly granted;
• you and your visitors will show due consideration and respect for the Home Owner, their representatives, neighbours and other persons or parties who may have connection with the Property. This includes refraining from abusing your right to use the Property or participating in any illegal, dangerous, offensive, inappropriate, violent or anti-social behaviour towards any such persons;
• you and your visitors will use the Property lawfully, you will not abuse or damage any facilities provided and will comply with any health and safety or other policies or instructions notified to you by us in connection with the Property;
• you will allow the Home Owner or any representative (including any tradespeople) to access the Property at any reasonable time during the Holiday Period provided the Home Owner or the Company provide you with reasonable advance notice (except where we require access to the Property due to an emergency, for example, if repairs are to be carried out or we become aware you have breached, or have reasonable suspicion you will breach these Booking Terms);
• you will keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the start of the Holiday Period and you will ensure at the end of your Holiday Period the Property is left in the same state in which it was found. You may be charged an additional and reasonable charge for professional cleaning after conclusion of your Holiday Period where you have failed to comply. These charges are necessary in order to maintain the Property for future bookings by other guests;
• you will report as soon as possible any breakages or damage caused by you or your visitors during the Holiday Period. Without affecting any other remedies under the Rental Contract, you promise to fully reimburse us for the cost of replacement or repair for such breakages or damage;
• you will arrive at the Property no earlier than the time confirmed in your Booking Confirmation on the first day of your Holiday Period and you will vacate the Property no later than the time confirmed in your Booking Confirmation on the last day of your Holiday Period or any other times as otherwise agreed with us in writing;
• you will not allow any person other than you and your visitors to use the facilities and amenities of the Property without our express permission;
• you and your guests will provide us with any information where is reasonably requested;
• nobody is permitted to smoke inside the Property at any time;
• you will keep confidential the location of all keys/access cards for the Property, where identified on the Booking Confirmation, and return all of them at the end of your Holiday Period to the location requested by us in the Booking Confirmation, and
• you will notify all visitors before the Holiday Period starts of everyone’s obligations under this paragraph.

7.04

You will be responsible for all your guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.

7.05

You will be responsible for ensuring you, your visitors and any pets (if allowed) have the relevant travel and health documents and requirements needed for visiting the UK. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with any such requirements.

7.06

You and your guests will comply with applicable laws (such as restrictions on travel or staying at properties due to health or lockdown or due to inclement weather).

7.07

If you or any visitor fails to comply, or are likely to fail to comply, with any of the requirements set out in this paragraph, we may refuse you and your visitors to enter and stay at the Property or we may require you and your guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of the Rental Contract and your Booking will be cancelled. In these circumstances, you will not receive a refund of any part of the Total Charges and neither we nor the Home Owner shall be responsible for any other costs or expenses you pay due to not being able to stay in the Property, such as the cost of finding any alternative accommodation and/or making alternative travel arrangements. This may also affect our decision as to whether or not to accept any future Booking from you.

7.08

We shall also not be responsible for having to find alternative accommodation for you if you have breached any of your obligations under these Booking Terms.

8.0 OUR RESPONSIBILITIES

8.01

We will:

• perform our services using reasonable care and attention;
• provide an accurate, complete and up to date description of the Property, as soon as reasonably possible; notifying you in writing of any changes to the description of the Property and/or our services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
• subject to the exceptions set out in these terms and conditions, ensure that the Property is vacant, not conduct any viewings and ensure you and your visitors have exclusive access to the Property and our services for the full period of the Holiday Period unless we are entitled to refuse you and your visitors access, or require you to leave the Property in accordance with paragraphs 9 or 14;
• ensure the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period;
• ensure we, the Property comply with all applicable laws and regulations, in particular, relating to fire, health and safety, utilities and planning and data protection;
• ensure the Home Owner has the right to let the Property and otherwise enter into the Rental Contract with you;
• maintain, at the Home Owner’s expense insurance policies to meet the Home Owner’s liabilities under the Rental Contract with you;
• co-operate with you on all matters relating to the Rental Contract and processing any refunds which may be due to you;
• provide Property access details to enable you use of the Property for the Holiday Period to ensure suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
• comply with the terms of the Rental Contract;
• respond to queries, complaints and problems which arise during or after the Holiday Period and use best efforts to resolve them; and
• if VAT forms part of the Total Charges, provide you with a VAT invoice if you request one in writing.

9.0 PETS

 

9.01

Pets are only allowed at a Property where this is expressly stated in the applicable Property description on the Site. There may be an additional charge for bringing pets, of which we will notify you at the time of Booking.

9.02

If a pet is taken to a Property that does not allow pets, or the stated number/size of pets is exceeded, we have the right to:

• refuse you use of the Property; and/or
• ask you and your guests to leave the Property before the end of the Holiday Period; to which you must comply.

9.03

We may on behalf of the Owner exercise their rights under paragraph 12, to end the Rental Contract.

9.04

You will be responsible for all damage caused by you and/or your guests’ pets. you must clean all traces inside and outside from the Property of pet occupation before you vacate the Property at the end of the Holiday Period. Wemay make an additional, reasonable charge for professional cleaning after your Holiday Period due to any pets which have stayed at the Property.

9.05

You must not allow pets on beds or on furniture within the Property. Pets must not be left alone in the Property including the garden and any outside areas at any time.

9.06

If you break the terms of this paragraph 9, we may notify you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your guests to leave the Property before the end of the Holiday Period.

9.07

Registered assistance dogs are allowed in all Properties featured on our Site, even where the property description states that pets are not allowed, provided you notify us of the intended presence of any assistance dogs before Booking so that we may make the Owner aware of this.

9.08

If you or your guests have an allergy to animals, please be aware that we cannot guarantee that an assistance dog, or other animals, have not stayed in a particular Property recently. We, and the Owners, cannot accept responsibility for any health condition which may occur as a result of any animals having been present in a Property. It is your responsibility to make specific enquiries before making a Booking through us if you or your guests have an allergy.

10.00 AMENDING, CANCELLING OR TRANSFERRING A BOOKING AFTER A BOOKING CONFIRMATION

10.01

If you would like to amend your Booking after the Booking Confirmation, please contact us directly using the contact details in paragraph 21. We cannot guarantee we will agree to meet your request.

10.02

If we do not agree to amend the Booking, there may be additional charges and an administration charge. The additional charges may be due to the us under the Rental Contract (which could occur, for example, if your Booking has been amended for a more expensive or longer Holiday Period) or to cover our costs of making the amendment. However, we will always notify you of these charges in advance and you will be responsible to pay them to us.

10.03

If you change your mind after you receive your Booking Confirmation:

• you are not entitled to cancel the Booking Contract for a particular Booking and obtain a refund for the Booking Fee as we will already have supplied the Booking Services to you for that particular Booking;
• If you wish to cancel the Rental Contract with us more than 12 weeks before the start of the Holiday Period, you will be entitled to a refund of the Rental Charges you have paid minus:
• the Deposit (excluding any Third-Party Other Service Charges which you may or may not be entitled to a refund of pursuant to your arrangements with the relevant third party); and
• all reasonably incurred charges for any other services we provide to you up to the date you cancelled the Rental Contract; and
• you do not have a right to cancel the Rental Contract with us 12 weeks or less before the start of the Holiday Period. You may, however, have the right to end the Rental Contract in accordance with paragraph 11, under which you may be entitled to a refund for any Rental Charges you have paid. You may also be entitled to a refund of the Booking Fee, and/or Third-Party Other Services Charges payable under the Rental Contract in certain situations in accordance with paragraph

10.04

You may not transfer your Rental Contract to another person. If you do not stay at the Property during the Holiday Period but your guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Terms and your guests’ compliance with them.

11.0 YOUR RIGHTS TO END A RENTAL CONTRACT

11.01

You may with immediate effect end a Rental Contract:

• if we have committed a material breach of our obligations to you as set out in these Booking Terms to the extent that it is no longer possible to proceed with the Booking; or
• if we have told you about a material error in the charges or Booking Details or a significant error in the description relating to your Booking and you notify us you do not wish to proceed;

11.02

If you end a Rental Contract for any of the reasons in paragraph 11, then within 14 days of the date you notify us you wish to end the Rental Contract for these reasons:

• depending on who is at fault for the error, we will refund you any of the Rental Charges, and Third-Party Other Services Charges you have paid and any other amounts paid by you for the Booking under paragraph 03; and
• although it has nothing to do with your Rental Contract, depending on who is at fault for any error, we will refund the Booking Fee in these circumstances an amount equivalent to the Booking Fee.

11.03

If you end a Rental Contract for any of the reasons in paragraph 11, then within 14 days of the date you notify us you wish to end the Rental Contract for these reasons we will refund to you any of the Rental Charges you have paid less any costs we have reasonably incurred in providing you with the Rental Services up to the date of termination.

11.04

You have certain legal rights as a consumer under the law and nothing in these Booking Terms, a Rental Contract or your Booking affects these legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens’ Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 0808 223 1133.

 

12.00 OUR AND THE OWNERS’ RIGHTS TO CANCEL YOUR BOOKING OR END A RENTAL CONTRACT

12.01

Without affecting any other right or remedy available to us or Home Owner, we may cancel your Booking or bring to an end a Rental Contract if:

• you do not make any payment when it becomes due;
• you do not, within a reasonable time, provide us information, including any Booking Details, necessary to provide Booking Services or any relevant Third Party Other Services;
• you fail to perform or comply with any of your obligations (when we consider your failure to be serious or important) contained in the Rental Contract or these Booking Terms, including if:
• you or your guests do not comply with the obligations set out in paragraph 7;
• you do not comply with the applicable rules on pets in accordance with paragraph 9; or
• you fail to pay any good housekeeping bond on the date due in accordance with paragraph 11; or
• you are declared bankrupt, make any arrangement with or for the benefit of your creditors, are unable to pay your debts or have a county court judgement made against you.

12.02

If a Rental Contract ends for any of the reasons in paragraph 12, then you will not be entitled to any refund of any Total Charges or other charges you have paid in connection with your Booking. Neither we nor the Owner shall be responsible for any other costs or expenses you may pay due to finding any alternative accommodation or making alternative travel arrangements.

12.03

Without affecting any other right or remedy available to us or a Home Owner, we, may cancel your Rental Contract if:

• we have ended our agency agreement with the relevant Home Owner before your Booking for the relevant Property was made;
• we become aware of any health and safety or quality-related issue with the applicable Property or its immediate surroundings for example contamination to the Property’s water supply.

12.04

The Home Owner may still be liable to us for cancellation charges in these circumstances if the Home Owner is at fault (as this shall not be deemed a Home Owner’s right to cancel in accordance with the Rental Contract without the need to pay us any cancellation charges); but this does not concern you, and you have no responsibility for such charges.

12.05

If a Booking or Rental Contract ends for any of the reasons in paragraph 12, we:

• may but are not obliged to arrange alternative accommodation for you and your guests of an equivalent type and standard in a similar location. We will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than those actually available to you under the cancelled Booking (which might not be all of the Total Charges under the cancelled booking). We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs; and
• will try and facilitate the payment of a refund from the relevant Home Owner of the Rental Charges, or if the Home Owner is in breach as regards the cancellation, the Rental Charges and any other amounts paid by you in relation to the cancelled Booking. Please note, in these circumstances you will not be able to recover the Booking Fee as this amount is non-refundable (we would have already completed the Booking Services for your original Booking) or the any Third-Party Other Services that a third party has performed from us.

13.00  EVENTS OUTSIDE OUR OR THE HOME OWNER’S REASONABLE CONTROL

13.01

We have a right to end the Rental Contract and cancel your Booking if:

• an event occurs beyond your, our or the Home Owner’s reasonable control which is what we call an “Unexpected Event”. Examples of Unexpected Events include any law, guidance or action taken by a national or local government or public authority or any consequences of them; a fire or accident; epidemic or pandemic; act of God, flood, adverse weather conditions or other natural disaster, or any other event of any nature which prevents or is likely to prevent you and your guests from staying at the Property for some or all of the Holiday Period.

13.02

If an Unexpected Event happens resulting in your Booking or Rental Contract being cancelled by us, you may select one of the following alternative options:

• as part of our services with you, we will try and help arrange alternative accommodation for you and your guests of an equivalent type and standard in a similar location. However, we will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than those available to you under the cancelled Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs; or
• we will refund you the Rental Charges minus any cost and expense we have reasonably incurred in providing you with our services up to the date of termination.

13.03

If an Unexpected Event occurs, we will notify you as soon as reasonably possible after we are aware of it and inform you of the available options.

13.04

After providing you with your preferred option under paragraph 02, we and the applicable Home Owner shall have no further responsibility to you in relation to your original Booking.

14.00  OTHER CONSEQUENCES OF A RENTAL CONTRACT ENDING FOR WHATEVER REASON

 

14.01

If the Rental Contract ends during or at the end of the Holiday Period, you must:

• leave the Property together with all guests as soon as possible;
• notify us you and your guests have left the Property and, if relevant, the reasons for doing so; and
• return the keys/access cards to the location instructed by us.

14.02

Consequences of your decision to leave the Property before the end of the Holiday Period: If you leave the Property before the end of the Holiday Period of your own accord (and not due to an Unexpected Event) no refunds for any charges are payable.

15.00  INSURANCE

15

You are strongly advised to take out travel insurance with a reputable provider before booking to cover your Booking. If you do not do this then you are strongly advised at least to take out travel insurance with a reputable provider before departing for your holiday. Any insurance should ideally cover you for the total cost of your Booking and your stay if that is different. It is your responsibility to check that your insurance cover is sufficient for your own purposes and any likely risks that may affect you or your holiday.

16.00 WHAT WE ARE AND ARE NOT LIABLE FOR

(See ‘Our Role and Scope of our Liability’)

16.01

We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so.

16.02

Our responsibility under the Rental Contract (and otherwise):

• We are responsible to you under the Rental Contract for anything we say in these Booking Terms that we will do under the Rental Contract.
• Apart from the responsibilities under paragraphs 4 and 8, we do not give you the benefit of (ie. we disclaim) any and all other promises, warranties, conditions, or representations relating to these Booking Terms, any Rental Contract or otherwise, whether express, implied, oral or written, to the fullest extent we are able to do so under applicable law.
• Apart from the responsibilities under paragraph01, (where we have unlimited liability), our total liability to you for any breach of the Rental Contract, however that may arise, is limited to the total of the Booking Fee and any other charges you have paid to us on our own account.

16.03

Within the limits of paragraph02, where we are responsible to you, we shall not be responsible to you for any losses unless they are a ‘foreseeable’ consequence of our failure to comply with a term of the Booking Contract. Losses are ‘foreseeable’ where they were contemplated by us at the time we sent you a Booking Confirmation.

16.04

You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your guests are left at the Property entirely at your and their own risk. We accept no liability for any loss, damage or injury to you or your Vistors and/or guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.

17.0 OUR LIABILITY

17.01

We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so.

17.02

Where we are responsible to you, we shall not be responsible to you for any losses unless they are a ‘foreseeable’ consequence of our failure to comply with a term of the Rental Contract. Losses are ‘foreseeable’ where they were contemplated by us at the time we sent you a Booking Confirmation.

17.03

You acknowledge personal belongings and vehicles (together with their contents) belonging to you and your Visitors and/or guests are left at the Property entirely at your and their own risk. We accept no liability for any loss, damage or injury to you or your Visitors and/or guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our or the Owner’s negligence.

17.04

In the event we do have a liability to you, such liability is limited to £500.

18.0 PRIVACY AND COOKIE POLICY

18.01

We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information, including the information you submit about yourself when making a Booking. By submitting your personal information to us, you agree to our use of that information in the ways described in our Privacy Policy.

18.02

Like many online services we use a feature called a ‘cookie’, which is a small data file that is sent to your browser from a web server and stored on your device’s hard drive. References in these Booking Terms to ‘cookies’ also include other means of automatically accessing or storing information on your access device. By accessing the Site and/or entering into a Booking Contract with us, you are providing your consent for us to use cookies in the ways described in our Cookie Policy. However, you may delete any of these cookies at any time if you wish – please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

18.03

We may record telephone calls between us for monitoring and training purposes. If there is a dispute between us, we reserve the right to review any recorded calls between us and to use those recordings in the process of that dispute.

19.0 COMPLAINTS

19.01

If you have a complaint please contact us by telephone or using our relevant contact details that we’ve provided on the Site promptly.

19.02

If you are still staying at the Property and wish to make a complaint about the Property or Rental Service, please contact us as soon as possible. This will give us the best opportunity to resolve your complaint during the Holiday Period and will hopefully assist with any issue, loss or damage either not being suffered or it being reduced.

19.03

Please contact us as soon as possible and if you can within 7 days of the end of the Holiday Period for the relevant Booking, though if you fail to do so, this will not limit your ability to make a complaint with full details of your complaint. Please note, you must provide us with photographic evidence which we can identify as showing the Property failing to comply with paragraph04 at the start of the Holiday Period. This will help us to deal with your complaint as quickly and efficiently to resolve your complaint; we have no legal responsibility to you for any refund or compensation.

19.04

Nothing in this complaints paragraph 00 affects your legal rights or any rights you may have to bring legal proceedings against an Owner under a Rental Contract.

20.0 OTHER IMPORTANT TERMS

 

20.01

You agree to receive electronic communications from us satisfying any legal requirement for communications to be in writing. Where these Booking Terms say something is ‘in writing’ or similar, it includes by email.

20.02

A Home Owner may transfer his rights and obligations under the Rental Contract to a purchaser of the Home Owner’s Property (New Owner) or to a member of the same group of companies as itself (Owner Group Company). The New Owner or Owner Group Company (as applicable), and not the Owner, will be responsible for performing the Owner’s rights and obligations under the Rental Contract from the date of transfer. The Home Owner may transfer their rights and obligations under the Rental Contract to a person or legal organization who is not a New Owner or Owner Group Company. You have no similar rights to transfer a contract.

20.03

Each Rental Contract for the provision of the Property is between you and the Home Owner. Each contract for Third Party Other Services is between you and the third party providing those services. No other person shall have any rights to enforce any of the terms of each respective contract.

20.04

Each of the paragraphs of these Booking Terms operates separately. If any court or relevant authority decides any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.05

If we do not insist immediately you do anything you are required to do under these Booking Terms, or if we delay in taking steps against you in respect of you breaking a term of a Rental Contract, it will not mean you do not have to do those things and it will not prevent us (as applicable) taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the Services, then we can still require you to make the payment at a later date.

20.06

Any Rental Contract (and all the relevant Booking Terms within them) are governed by English law.

20.07

You can bring legal proceedings in respect of the Rental Contract in the English courts only. You also agree that any dispute arising under these terms is to be transferred to any court within Dorset.

21.0 CONTACT US

21.01

The Site is owned and operated by Domvs Holidays Limited.

21.02

Our registered company number is 15365735 and our VAT registration number is

21.03

Our contact details are as follows:

Domvs Holidays Limited

15 High West Street

Dorchester

Dorset

DT1 1UW

01305 757300

[email protected]