Terms and Conditions of Hire – Norfolk Cottage Holidays

  1. Definitions. The Company is taken to mean Freedom Boating Holidays Ltd, Ferry View Road, NR12 8PT acting as booking agent for The Operator. The Operator is taken to mean the individuals/company/organisation that manage the property. You, Your, The Hirer, Party Leader is taken to mean the named person on the booking form and thus, the contracted person(s).  Holiday and/or Hire means the boat/property and/or travel and/or any other services booked and paid for in the UK with the company. Holiday and/or Hire shall be taken to mean any property hired up to 31 nights. Written documentation includes email, fax and letter. It does not include SMS text message or any other form of communication. Unless requested, all written communication will be via email. Brochure is taken to mean any printed literature or forms, electronic literature including emails and our web site. Hire Charge: is taken to mean the total agreed price for the period of hire. Reservation: is your notification to the company (by telephone, letter, email or other form of communication) confirming the Hirer’s intent to take a booking as offered to you in any manner.  A reservation is not a booking and has no contractual status. Booking: A booking is a legal contract and is formed once you make a payment in respect of a reservation. All bookings shall be made subject to these Conditions of Hire.
  2. Purpose of Hire. The Hirer shall be entitled to occupy the property for holiday purposes only and this agreement shall not confer on the Hirer any security of tenure within the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy. The Owners and / or their agents reserve the right to refuse any booking without explanation.
  3. Payments & Deposits. Deposit / Payment. The company makes a surcharge for all Credit Card payments of 3%. There are no surcharges for Debit Card payments. Deposit: For bookings made more than ten (10) weeks prior to the booking start date, a minimum deposit of 50% of the total fee is payable, the balance being payable not less than ten (10) weeks before commencement of the booking. Balance / Full Hire Charge: For bookings made ten (10) weeks or less before the start date, the full amount is payable on booking. Payment Delay/Non Payment: We reserve the right to re-advertise your holiday if the relevant payment is not received on the due date and we may treat your holiday as having been cancelled by you. However, you may still be responsible for covering hire costs, in the event of your cancellation. Credit / Debit Card numbers: if the Hirer makes any payment by Credit / Debit Card, the Operators reserve the right to record the Hirer’s card number and make further charges (as described in this document) to the Hirer’s account in the event of a breach of these conditions. Damage / Cleaning Deposit. A Damage / Cleaning deposit may be requested. If this is required, it will be advised at the time of booking or on arrival if the company feels it appropriate. It should be paid by cheque along with the balance or as advised in any booking documentation and will be refunded (or a cheque destroyed) at the end of the holiday subject to these Terms and Conditions being met. Should any damage occur during the Hirer’s period of stay, the cost of repair/replacement may be taken from the deposit and the remainder, if any, refunded after repair/replacement is completed. If the damage deposit does not cover these costs, the Hirer shall be liable for the balance.
  4. Alterations and/or Cancellations. In all cases, the party leader must make cancellations in writing. The company will not be responsible for non-receipt of any cancellation, however sent. If confirmation of receipt is not forthcoming within seven (7) days, please contact the Company to ascertain receipt. Cancellations by The Hirer: If the Hirer cancels the booking, for whatever reason, the Hirer shall not be entitled to a refund of any monies paid and shall remain responsible for the full cost of the holiday (including any extras such as pets, etc). Any such monies may be debited from any credit or debit card(s) that the company holds or will be sought via other means in accordance with the payment schedule. Once the company accepts a cancellation, it will attempt to re-let the holiday. Any such re-lettings will be at the sole discretion of the company. If successful, the company will refund any monies paid, less any non-refundable element (as defined in these terms), an additional £40 administration fee, and less any shortfall that may have been incurred between the cancelled booking and the replacement (i.e. Late Booking incentive reductions or being able to re-let only a portion of the cancelled booking period.) Cancellations by The Company: If the company should be forced to cancel a booking for any reason (either before or during the holiday or break), the Hirer will receive a full refund of all monies paid, or a pro-rata refund if cancelled part way through a holiday, unless such cancellation is due to a breach by you of these Terms and Conditions, in which case no refund shall be due. This shall be the Company’s only responsibility to the Hirer.  Alterations: Alterations to bookings may be possible and are subject to availability. Should the Hirer need to alter the holiday booking dates, in the first instance the Hirer should contact the Company with a request to check availability. If the alteration is like for like, an administration fee of £40 will be charged. If the alteration is an extension of the original booking, i.e. encompassing the existing booking, no administration charge will be levied and any additional charge will be at the current prices. If the alteration is a reduction of the booking period, it will be treated as a partial-cancellation and will fall under cancellation terms. In all cases, the hire charge for the period in question will be applied. No change will come into effect until the Company has received written confirmation and cleared funds. 
  5. Right of Entry. The Company and/or their Agent reserve the right to enter the property at any reasonable time, with or without notice during the Hirer’s period of stay.
  6. Unreasonable behaviour, Nuisance, Smoking. The Hirer shall not cause a nuisance of any kind to the property or to its neighbours. The company reserves the right to terminate the booking and to eject the Hirers should this clause be breached. Any breach of this rule will result in the termination of the Hirer’s booking and a request to vacate immediately. All monies paid will be forfeited.
  7. Damages & Breakages. All damage, breakage or equipment failure to the property or its contents must be reported to the Company as soon as possible. The Company or their agents will repair the damage as soon as practical; however there is no guarantee that this will be within the period of hire. Damage or breakage caused by the act or omission of the Hirer or persons attending the property at the Hirer’s invitation must be repaired or replaced by the Hirer at the Hirer’s expense within seven (7) days of the cost of repair or replacement being determined and notified to the Hirer. The Cost of repair or replacement shall generally be determined within fourteen (14) days of notification. Any repair or replacement shall be to the original standard. Should the damage result in another booking being cancelled, the Hirer will be held liable for all consequential losses to the owner. All breakages are chargeable.
  8. Left Items. The Hirer will be notified of any of the Hirer’s possessions that have been left in the property after it has been vacated. Notice will be made in writing by post or email, generally within fourteen (14) days after the end of the booking period. The Hirer must meet the cost of returning any item and the Owners may also levy a charge of £5.00 to cover handling costs. If the Hirer does not wish for the item to be returned, the Owners will dispose of it as necessary but reserve the right to levy a charge for any items that are hazardous or difficult to dispose of.  Please Note: whilst any item to be returned will be suitably packed, the Owners accept no responsibility for loss or damage in transit.
  9. Linen. Bed linen and Towels are supplied but are strictly for use within the property and must not be removed. The Hirer must supply their own towels for beach or other uses.
  10. Liability. Neither the Company nor their Agents shall accept liability for any loss, damage, sickness or injury to the Hirer or any member of the Hirer’s party, or invited person or any vehicle and/or its contents, or any possession of the Hirer or any member of the party, howsoever caused, which may be sustained during the booking period.
  11. Maximum Occupancy. The maximum sleeping capacity of the cottage is denoted by the number and size of full size beds (and/or sofa beds) and must not be exceeded, except by the use of cots in the case of babies. If this condition is not observed, the Company reserves the right to refuse admittance or require that the Hirer vacate the property. In this eventuality, no refund of monies will be due.
  12. Security. The Hirer is responsible for the security of the property for the duration of the booking period and also immediately after vacation, until such time as the Company and/or their Agents re-enter the property. The Hirer is expected to take all reasonable care of it. This includes ensuring that the property is fully secured when leaving it. No windows should be left open and all locks must be secure. Should the hirer sustain a loss from the property during the period of hire, compensation must be sought from the Hirer’s own insurers. Furthermore, the Company may seek compensation from the Hirer if the cottage is found to be inadequately secured.
  13. Cleaning. All equipment, utensils etc. must be left clean, and the property must be left clean and tidy at the end of the hire period. General cleaning materials (including a vacuum cleaner) will be found within the property for this purpose. The Company reserve the right to charge for excess cleaning at the company’s or operator’s prevailing hourly rate at the time. Any such charge may be taken from the Damage / Cleaning deposit if held or charged to your payment card. In order to comply with COSHH regulations, only basic cleaning chemicals will be left in the property for the benefit of the Hirer and it is the Hirer’s responsibility to ensure the safe storage of these, particularly in the presence of children.
  14. Dogs are welcome in some cottages and are charged at the rate advised at the time of booking. Dogs are the responsibility of the Hirer and must be kept under strict control at all times. The Hirer must remove all trace of dog occupation from inside and outside the property. Dogs are not permitted on any furniture and should not be left unattended in the holiday property at any time. The Hirer remains liable for all damage or extra cleaning caused by the dog. In some instances, a refundable deposit may be requested. If any damage has been caused this will be used to make good the damage and the balance (if any) will be refunded; but this is without prejudice to any further claim from the Owners. Registered assistance dogs are accepted free of charge.
  15. Our responsibility for your booking. The Company is responsible for making your booking in line with your instructions. The Company is  not responsible for any information about the accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees or agents whilst acting in the course of their roles.
  16. Complaints Procedure. If the Hirer is not entirely satisfied with the accommodation, they must contact the Owners or the Owners’ Agent or Representative immediately and every effort will be made to resolve the problem. If the situation cannot be resolved to the satisfaction of both parties, the Owners will attend as soon as possible to inspect the property. Please do not vacate the property; it is harder to justify the complaint once the Hirer has returned home or sought alternative accommodation. If the Hirer still wishes to pursue a complaint the Hirer must put the complaint in writing within seven (7) days of leaving the property.
  17. Variation to descriptions. Every care has been taken to ensure the accuracy of property details on the Company’s literature, advertising, web sites, etc. However, changes to the details may be necessary from time to time and the Company reserves the right to make any changes without notice. Where changes are fundamental to a booking, notification will be made in writing by post or email.
  18. Arrival and departure. Generally, arrival times should be no earlier than 4:00pm on the start day. Departure must be no later than 10am at the end of the booking period.
  19. Insurance. The Hirer is strongly advised to arrange their own insurance to give protection in the event that the Hirer is unable, for any reason, to take up the holiday accommodation at the agreed time and to cover personal loss or damage sustained during the holiday.
  20. Decorations / candles / fireworks etc. The hirer may not attach any decorations to the property in any way whatsoever. The burning of candles is strictly forbidden. Fireworks may not be used within the boundaries of the property.
  21. Force majeur. Occasionally, events beyond the Company’s control will affect a booking. For the purposes of clarification, an event beyond the Company’s control shall include any event that, even with all due care and attention, the Company could not reasonably predict, foresee or avoid. Such events may include though not exclusively, structural/significant damage to the boat and/or mechanical failure which cannot be reasonably remedied to a safe and acceptable standard before the start of your holiday, shortage of fuel, late vacation by previous hirers, industrial action, riots, fire, natural and or man-made disasters, war (or the threat of), terrorist activity (or the threat of).  In all cases, the Company cannot accept responsibility for such events and will not be responsible to pay compensation or expenses where the performance of the contract is affected or that the Hirer suffers any loss or damage as a result of any event beyond the Conpany’s control. This shall also include any measure that restricts navigation (whether caused by the navigation authority or any other body that is able to impose a restriction which shall include the Company). If the Company is prevented by circumstances beyond its control from making the accommodation available and cannot provide a suitable alternative, we will refund all monies paid by you but no further liability will be accepted.
  22. Legal. This Agreement (and any disputes, claims or proceedings of whatsoever nature arising) shall be governed by and shall be construed in accordance with the laws of England. The Hirer hereby consents to the exclusive jurisdiction of the English courts in all disputes. This agreement supersedes all previous agreements and forms the entire agreement between the parties. No variation to this agreement shall be effective unless in writing and signed by the Company or an authorised representative. This agreement shall be personal to the parties to this agreement and no party may assign or transfer any right or obligations under the agreement without the express written consent of both parties. This agreement may be executed in one or more parts, each of which are deemed to be an original document but all the parts together shall constitute one and the same agreement. A facsimile or other copy of this agreement shall have the full force and effect of the original agreement. Should any provision or any part of any provision in this agreement be held to be unenforceable, void or contrary to any law, this shall be severed from the agreement and the remaining provisions shall remain in full force and effect. To the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable or not within their reasonable control from performing any of its obligations then it shall be relieved from any liability for its failure to perform these obligations.
  23. Data Protection Policy. In order to process your booking we need to use the information you provide such as name, address, any special needs etc and send it to the Company. Proper security measures are in place to protect your information which we pass on to the relevant Operator of your accommodation. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not, however, pass any information onto any person not responsible for part of your accommodation. This applies to any sensitive information that you give us such as details of any  disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant person. The Owner or the Supplier’s use of your information is subject to their policy and is their responsibility.