These terms and conditions together regulate yourbooking and your use of the property during your stay, and also use of our website.
In these terms, references to ‘we’, ‘us’, ‘our’ etc. are references to: Hidden Escapes Norfolk Limited of 54 Thorpe Road, Norwich, Norfolk, England, NR1 1RY.
1. Definitions
In this agreement:
‘Booking’ – means a reservation to let the Property for use as a short-term holiday rental property during a Letting Period.
‘Booking Deposit’ – means a proportion of the Rental Fee that is payable to secure the let of the Property for the Letting Period before the remainder of the Rental Fee becomes due.
‘Client’ – meansthe lead-named person on the booking confirmation message (who must be at least 18 years old at the time of booking) and all persons on whose behalf the Client makes a booking.
‘Content’ – means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, and videos.
‘Intellectual Property’ – means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today.
‘Letting Period’ – means the specific period of time during which we have agreed that you may stay at the Property.
‘Property’ – means the holiday property that is the subject of the contract between us.
‘Security Deposit’ – means the sum provided by you as security against damage or loss by you or by another Client in your party to the Property, or the fixtures, fittings and possessions in it.
‘our Website’ – means any website, webpage or service designed for electronic access that is owned or operated by us.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.2. Except where stated otherwise, any obligation of any person arising from these terms may be performed by any other person.
2.3. The headings to the paragraphs to these terms do not affect the interpretation.
2.4. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.5. In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
2.6. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Terms of booking
These terms apply in addition to those above, so far as the context allows, to you as a Client. They prevail over any terms proposed by you.
3. General
You warrant that you are authorised to make a Booking on behalf of all Clients who stay in the Property during the relevant Letting Period.
3.2. If there is any conflict between these terms and any others that we give to you before you pay your Booking Deposit or Rental Fee, then these terms prevail, except where the others were:
3.2.1 in writing; and
3.2.2 specifically intended for you and not part of an offer to the world at large (for example, they were given in written communication to you at your personal email address).
4. Booking process
4.1. After you enquire about letting the Property, we will confirm in an ‘Availability Confirmation Message’ whether we can let the Property to you for your desired dates.
- In that message we shall confirm whether at that time we require you to pay a Booking Deposit or the Rental Fee.
- If we just require a Booking Deposit, we will tell you the date we require the remaining balance of the Rental Fee (the ‘Balance Due Date’). We shall also confirm the amount of the Security Deposit that we require.
4.2. We may decline your request to let the Propertyto you for any reason.
4.3. When you pay the Booking Deposit or the Rental Fee, you confirm that you have read and understood these terms and that you agree to them.
4.4. The contract between us for the let of the Property comes into existence when we confirm receipt of your Booking Deposit or Rental Fee in a ‘Booking Confirmation Message’.
4.5. If you have paid a Booking Deposit by credit or debit card then no earlier than the Balance Due Date we shall take the remaining balance of the Rental Fee due automatically. If you have paid by other means (such as bank transfer or cheque), we require that the remaining balance is paid and clears before the Balance Due Date.
4.7. Non-payment of the balance of the Rental Fee (or declined payment by your bank) on or before Balance Due Date shall be construed as a cancellation of the contract by you.
4.8 You agree to pay the Security Deposit when you pay the Rental Fee. The Security Deposit will be held by us and will be refunded to you at the end of the Letting Period (however it ends) but after deduction of any costs or losses reasonably incurred by us as a result of any breach of your obligations.
5. Cancellations
5.1. We may cancel the Booking at any time before the start of the Letting Period, for any reason and without giving you any notice. If we do so, we shall notify you in writing.
5.2. If you want to cancel the Booking, you must tell us in writing. We will not accept a cancellation by telephone alone.
5.3. The Booking Deposit is non-refundable.
5.4. If you or we cancel the contract before the start of the Letting Period, we shall refund the Security Deposit in full to you.
5.5. For cancellations made 6 to 8 weeksbefore the start of the Letting Period, 50% of the total Rental Fee will be payable. For cancellations made 4 to 6 weeksbefore the start of the Letting Period, 70% of the total Rental Fee will be payable. For cancellations made less than 4 weeksbefore the start of the Letting Period, 100% of the total Rental Fee will be payable.
5.6. We recommend that you take out insurance against cancellation.
6. Arrival
6.1. You may access the property any time after 4pm on the day of your arrival.
6.2. Information for accessing the key the property will be emailed to you before your arrival.
7. Your use of the Property
7.1. You rent the Property for holiday accommodation purposes on a self-catering basis unless otherwise specified in the Availability Confirmation Message.
7.2. Some items, equipment and facilities may be provided separately, and possibly at extra cost. If these are not available for use during any part of the Letting Period, we have no obligation to refund any part of your Rental Fee.
7.3. When we send the Booking Confirmation Message, we shall attach an inventory of the contents of the Propertyand a list of the items, equipment and facilities that are provided separately. You agree to report as soon possible if you or another Client becomes aware that an item on the inventory is missing or not in the condition described.
7.4. We provide bed linen, towels and bathrobes for use during your stay. Beds will be made up prior to your arrival and, for bookings of more than one week, linen and towels will be changed at the end of each week. Electricity, gas and water are included within the rental charge.
7.5. You now promise that, in respect of the Property,you and other Clients will:
7.5.1 use the Property only as a holiday home for no more people than the maximum occupancy agreed, and you acknowledge that we may refuse access to the whole party and cancel the contract immediately if this condition is breached;
7.5.2 not operate a business at the property or use it for any improper, immoral or illegal purpose;
7.5.3 not assign, sublet, charge or part with or share possession or occupation of all or part of the Property;
7.5.4 not cause nuisance or annoyance to us, other occupants or any neighbour;
7.5.5 keep the interior in clean and good repair and condition;
7.5.6 clean any barbeque used during your stay;
7.5.7 clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like;
7.5.8 keep clean the carpets, curtains and all other fixtures and fittings;
7.5.9 not use any candles in the Property or on any decking, except with out prior approval;
7.5.10 not dispose of ‘wet wipes’, disposable nappies or other items of personal hygiene down the lavatory;
7.5.11 not smoke tobacco or any other substance, nor vape within the Property;
7.5.12 not bring into the Property any portable heaters, lighting equipment or any items that may cause damage to the Property, its contents or any Client or visitor;
7.5.13 not bring into the Property any bulky item, such as a bicycle, fishing or golf equipment;
7.5.14 not remove furniture, bedding, or kitchenware from the Property;
7.5.15 not change or install any locks on any doors or windows nor have additional keys made for any locks;
7.5.16 not change or remove any of the carpets, curtains or other fixtures and fittings;
7.5.17 pay for any necessary repairs or replacement goods damaged during the letting period;
7.5.18 report to us any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances;
7.5.19 allow ourselves and our contractors access to the Property at reasonable hours during the day, or to carry out urgent and unforeseen repairs or other works to the Property or to carry out maintenance of the appliances and facilities;
7.5.20 whenever the Property is left unattended, fasten all locks to all doors and windows and activate any burglar alarm, to prevent unauthorised access to the Property.
8. Use of the Internet service provided
8.1. Internet access via WiFi is provided as an additional service. It may not be available at all times. Usage above a certain daily limit may be chargeable, and if so, we shall tell you of the limit and the charges.
8.2. You may not access, view or download illegal material.
8.3. You accept responsibility for making all guests aware of potential additional usage charges.
9. Pets
9.1. Pets are allowed into the property, provided that you have told us before you arrive that you would like them to join you and we have given permission.
9.2. We will supply dog bowls for food and water.
9.3 Pets are not allowed in any bedroom. Please ensure that you do not allow them to enter bedrooms, for example, by keeping doors closed.
9.4. Please ensure that furniture such as sofas is covered by the throws we provide before allowing a dog to be on it.
10 Parking
10.1. You must park your vehicle in a designated space so as not to obstruct any road or access driveway.
10.2. Your vehicle and their contents are left entirely at your risk.
11. Visitors
11.1. Only people who are listed as Clients and their children under 18 years of age are permitted to stay overnight in the Property or on the grounds.
11.2. If you receive visitors during your stay who are not resident, you must inform us.
11.3. You will be held responsible for the behaviour of your visitors while they are on the site.
12. Limitation of liability
12.1. Only people who are listed as Clients and their children under 18 years of age are permitted to stay overnight in the Property or on the grounds
12.2 If you receive visitors during your stay who are not resident, you must inform us.
12.3. You will be held responsible for the behaviour of your visitors while they are on the site.
13. Lost Property
13.1. Care for your property is at all times your responsibility.
13.2. We charge a minimum fee of £10 for the return of lost property after your departure.
13.3. Items of lost property shall be held for one month after having been found, after which time they may be donated to charity or destroyed.
13.4. We have no responsibility for items that you report as lost, but that we cannot find.
14.Insurance
14.1. We shall take out whatever insurance we believe is appropriate against any risk relating to the Property.
14.2. We will not insure the possessions of any Client.
14.3. You promise that you will not do, nor allow anyone else to do, anything that could adversely affect our insurance of the Property and you agree that if you do so, you will be liable to us for any resulting loss.
14.4. The Rental Fee does not include holiday cancellation insurance for Clients. We advise that you take out such insurance.
15. Departure
- At the end of the Letting Period:
15.1. You agree to return immediately all the keys to the Property to us or to comply with such arrangements for the return of the keys as we have made with you before the start of the Letting Period.
15.2. You must remove all personal effects and rubbish and leave the Property and thefixtures and fittings in the same clean condition and state of repair as at the start of the Letting Period, fair wear and tear excepted.
15.3. We shall check the Property room by room. Any damage will be evidenced by photos.
15.3.1 If we are not satisfied as to the condition of a room or anything in it, we may propose a deduction of a sum from the Security Deposit, in order to put the matter right. We shall provide a written breakdown of any deduction proposed.
15.3.2 If you do not agree to the sum claimed, we shall obtain a written quotation for the cost of rectification from a contractor not connected to us.
15.3.3 We may then accept the quotation and pay for the work. We may then deduct the sum paid from the Security Deposit, provided that we have produced invoices or other written evidence of the cost.
15.3.4 The Security Deposit or the balance of it shall be returned to you within 28 days of the end of the Letting Period or, in special circumstances, as soon as possible, with the reasons for the delay provided in writing to you.
Other terms
These terms apply in addition to any others, so far as the context allows, to you as a visitor to our Website or as a Client. They prevail over any terms proposed by you.
16. Intellectual Property
16.1. We will defend our rights in all our Intellectual Property, including our copyright in the Content of our Website whether provided by us or by any other party.
16.2. Without our explicit permission, you may not use our business name, logos or trademarks or any other Content on any website of yours or that of any other person, or in any printed materials.
16.3. You agree that at all times that you will not do anything that reduces or might reduce the value of our Intellectual Property or challenge our ownership of it.
17. Indemnity
17.1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
17.1.1 your failure to comply with the law of any country;
17.1.2 your breach of any contract with us;
17.1.3 any act, neglect or default of yours or by any agent, employee, licensee or customer of yours;
17.1.4 a contractual claim arising from a stay at the Property; and
17.1.5 a breach of the intellectual property rights of any person.
17.2. You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
18. Disclaimers and limitation of liability
The following paragraphs (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
18.1. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any product or service we sell or make available to you. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
18.2. We use our reasonable endeavours to confirm the accuracy of any information we provide to you. We make no warranties, whether express or implied in relation to its accuracy or completeness.
18.3. Our Website may contain links to other websites over which we have no control of the nature, the content and the availability.
18.4. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
18.5. The inclusion of any links on our Website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
18.6. Our Website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function, the compatibility with your devices or software, privacy of any transmission, or security of use.
18.7. We shall not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Website.
18.8. We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of our Website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
19. Miscellaneous
19.1. So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
19.2. Where we provide a product or a service without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other product or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of that product or service. However, you remain obligated under these terms in respect of that product or service as far as they can be applied.
19.3. If any term or provision of our contract is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.4. Any obligation in a contract between us that is intended to continue to have effect after termination or completion shall so continue.
19.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
19.7. In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.8. No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
19.9. These terms do not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
19.10. Our total liability to you, however it arises, shall not exceed the amount you have paid us for products or services in the immediately preceding 12 month period. This applies whether your case is based on contract, tort or any other basis in law.
19.11. No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
19.12. We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the contract between us is made.
19.13. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.