Terms and Conditions
Below are our terms and conditions - it is important you read and understand these prior to making a reservation
“Owner, Owners” means the owner(s) of the holiday accommodation.
“Hirer, guest or guests” means the person who is renting the owner's holiday accommodation and whose name appears on the booking form and the booking confirmation. The Hirer must be an adult person permitted to enter into legally binding contracts under English Law.
“The Lakeland Cottage Company, LCC, The Agent, The Agency, The Company” is the business acting on behalf of Owners solely as a marketing, advertising and bookings service. It is not contractually responsible to the Hirer for their booking, their holiday contract is with the Owner, facilitated by the Agent.
"Provisional Reservation" is where dates for a specific property have been reserved by the Hirer but for which no money has as yet been paid to LCC.
"Confirmed Reservation" is where either the required deposit or full rental payment along with the booking fee has been received by LCC.
"Booking" is sometimes used in place of the word reservation.
“Damage Deposit” This is an amount required by the owner to cover any damage, breakages, or cost of additional time spent cleaning where a property is not left in a reasonable state. The amount required is set by the Owner and will therefore vary from property to property. Also, where the cost of such damage, breakages etc. exceeds the amount of the Damage Deposit then the Hirer will be liable for paying these further amounts on written request. This deposit is refundable to the Hirer either in part or in full depending upon whether notification of a claim has been made by the Owner.
“Damage Deposit Waiver” This is a non-refundable one-off payment which the Hirer may opt to pay in place of the Damage Deposit when making their reservation, some properties do not have this option. This covers the Hirer for the cost of any damage, breakages, or cost of additional time spent cleaning the property where it is not left in a reasonable state, up to the value of the Damage Deposit amount for the specified property. Where the cost of such damage, breakages etc exceeds the amount of the property’s Damage Deposit then the Hirer will be liable for paying these further amounts on written request.
“Website” is www.lakeland-cottage-company.co.uk
Specific Terms And Conditions
1) The Lakeland Cottage Company, (The Agent) acts solely as a marketing, advertising and bookings service. It facilitates the reservation of the Hirer's chosen holiday accommodation between the Hirer and the Property Owner.
2) Formation Of Contract. A binding contract between the Hirer and the Owner of the holiday accommodation shall be entered into on the Agent issuing the Hirer with their Booking Confirmation stating the Booking Reference Number, full details of the reservation, including property directions, access details and contact numbers. This will usually be by email but where posted, the Hirer should allow up to three working days for delivery. All monies paid as rent or for additional services are passed to the owner of the reserved property or (where appropriate) to the third party service provider, less any charges LCC may make against the owners account. In the event of rental or service refund being due for what ever reason this is normally done via The Lakeland Cottage Company, however the final responsibility for this lies with the Owner or service provider. For guests who book last minute over the telephone and do not complete an on-line booking form it will be assumed they have had sight of and agree to all terms and conditions. Provisional reservations are not binding, will only be held for a further 3 working days from the date made, and may be cancelled by either the Hirer, Agent or Owner during this period without penalty. Provisional reservations will, without any further notification, be cancelled by LCC after the 3-day period if either the required deposit or full-payment has not been received by them from the Hirer.
3) It is expressly implied that by making the booking, the Hirer is authorised to do so on behalf of all parties staying at the Property and that all adults staying at the Property are jointly and severally liable under the terms of the contract.
4) The on-line Booking Form must be completed as fully as possible, not just the mandatory sections, including the number of guests in each category, adults, children (under 16 yrs of age) & infants (under 2-years of age). The same requirement exists where our staff complete the reservation details on behalf of the Hirer.
a) Reservations shall only be confirmed to the Hirer by the Agent on receipt of the completed booking form, together with either full payment of all charges or; a deposit of one third of the property rental cost, the booking fee, and where selected and available, the Damage Deposit Waiver payment.
Payment must be received within three days of the booking acknowledgement being sent to the Hirer following either the initial telephone confirmation of property availability, or receipt of the on-line booking form. Please note: If you opt to pay any payment by credit card a surcharge is automatically applied by the card companies which we regrettably can not absorb, currently the surcharge is 2% of the transaction amount. LCC reserves the right to vary this percentage without notice but will not apply any variations retrospectively. On any refund or returns to a credit card the originally incurred surcharge is not recoverable.
b) Where an initial deposit payment is made, the balance of the full cost of the holiday, including the Damage Deposit (where the Damage Deposit Waiver payment has not been selected) and any other fees or charges for services and items, as requested by the Hirer shall be payable no later than six weeks before the commencement of the holiday.
c) If the Hirer books the holiday less than six weeks before its commencement, the full charge of the holiday, the Damage Deposit or Damage Deposit Waiver, where available, booking fee and any other agreed charges shall be payable on submitting the on-line booking form to the Agent or requesting the agency staff complete the form on behalf of the Hirer.
d) Within 24-hours of submitting a booking form that includes a payment, LCC will send a Booking Confirmation (usually by email but by post if requested). This will include the Booking Reference Number, full details of the reservation including property directions, access details and contact numbers. If a reservation is made after 1600 on a Friday, confirmation will be made the following Monday (or Tuesday if this is a bank holiday weekend).
The Hirer is then responsible for the balance of the full cost of the holiday.
e) If an error is made on the confirmation against published prices we reserve the right to alter and recover any undercharges at any time.
f) Failure to make a final payment of the balance of rental, Damage Deposit or Damage Deposit Waiver, and any other agreed costs or fees within the specified time will result in cancellation of the booking, payments already made will be forefit, and the property made available for re-letting. Additionally, the Hirer will remain liable for any outstanding balance due.
g) All payments, unless otherwise specified, are to be made payable to The Lakeland Cottage Company, cheques to be sent to the LCC office.
h) 8 weeks prior to the arrival date, where an outstanding balance remains payable, a reminder will be sent (by email where possible) together with a link to the secure on-line payments page. Payment of the outstanding amount must then be made no later than 6 weeks prior to the arrival date.
6) Property Owners require either a Damage Deposit, or Damage Waiver (where available), to be paid prior to commencing the holiday. The amounts vary with different properties and will be indicated on the booking form. If the reservation is made more than 6 weeks prior to arrival date the Hirer can opt to pay the damage deposit at any time up to and no later than the 6-week date. If the reservation is made within 6 weeks of the arrival date the damage deposit must be paid immediately.
If a damage waiver option is able to be selected this fee must be included in the initial holiday payment at the time of booking. These choices are indicated on the booking form. Payment may be made either by debit/credit card using the secure on-line facility or by sending a cheque to the LCC office.
The Damage Deposit is refundable provided the Owner does not make a claim, the Damage Waiver fee is a non-refundable option.
Where no claim is made the Damage Deposit value will be refunded in-full 10 days after the Hirer’s departure.
Where a claim is made the owner, at their sole discretion, may utilise some or all of the damage deposit to cover any damage, breakages or cost of additional time spent cleaning where a property is not left in a reasonable state – please see full Terms and Conditions. The Owner is required to contact the Hirer explaining the reason. If only part of the damage deposit amount is claimed the remainder will be refunded to the Hirer 10 days after the Hirer's departure.
Please note that the Hirer is responsible for any and all damage and should this exceed the amount of the Damage Deposit the Owner is entitled to full reparation of any costs he or she may incur.
Any dispute will have to be taken up directly with the owner of the property.
7) Arrival and Departure: Properties are available from 16.00 hrs on the day of your arrival and must be vacated by 10.00hrs on the day of the departure. Some properties may vary slightly in start and departure time, this will be advised on your booking confirmation.
8) Access to the property: This will be indicated on the Directions Page of your Booking Confirmation. On departure you must ensure the property is secured and the keys returned as indicated on the Directions Page of your Booking Confirmation.
9) Care of the property: A condition of acceptance of any booking is that the Hirer and any other occupants will take good care of the property and its contents, and that it is left in a clean and tidy state. The care is to include all furnishings, utensils, crockery linen and a general state of cleanliness on departure, and though you might not be charged for minor breakages, you are responsible for all damage or breakages and their cost shall be payable on demand.
10) Pets: In all cases you must inform the Agent of any pets you wish to bring, and only do so after receiving the Booking Confirmation which indicates the number of pets and fee(s) paid.
Pets must not be left unaccompanied and able to roam free in the property or its grounds. You must restrict your pet to common areas - not in bedrooms, nor on furniture. On departure there must be no evidence of the pet, either inside the property or gardens - please POOP SCOOP. No nuisance or annoyance is to be caused to neighbours. Failure to comply with these requirements may result in immediate termination of your holiday without refund. Any permanent damage caused by a pet e.g. extra cleaning, or repair/replacement of damaged items will incur a charge payable in full or part. See Damage Deposit and Damage Deposit Waiver section for details.
Where a property states no pets are allowed you must on no account bring one to the property or its grounds. By doing so the Owner reserves the right to refuse access and terminate the reservation without any refund. Where a property states no pets are allowed it should be noted that this does not exclude the owner or the owner’s personal friends or family from bringing their pets to the property.
11) Number of persons occupying the property & party make up: The number of persons using the property (except for babies under 2 years) shall not exceed the maximum number as stated in the individual property descriptions, unless otherwise arranged with the Agent and indicated on the Booking Confirmation.
The owner or owner’s Agent is entitled to refuse admission to any persons or pets in excess of the maximum numbers indicated on the property page on our website, and/or not indicated on the final copy of your Booking Confirmation.
The owners or Agent reserve the right to refuse, curtail or terminate any reservation which, in their opinion, by reason of number of guests or composition of the party may be unsuitable for the property. All monies paid will become forfeit. Under no circumstances do we allow stag nights or hen parties.
12) Alternative Accommodation: In the unlikely event that, before you receive the booking confirmation, the property has become unavailable LCC will make every effort to contact you quickly. If a card payment has been processed, any monies received by us will be refunded to the hirer's card account in full.
Should a confirmed and booked property become unavailable, the Agent will endeavour to offer suitable alternative accommodation of a similar type, standard, rental and location. If the offered alternative is not acceptable to the Hirer, or the Agent is unable to offer a suitable alternative, the owner will refund all monies made and liability shall be limited to the extent of monies paid by the Hirer.
13) Property Descriptions. We believe the information contained on the LCC Website to be correct. The Owner verifies their property’s descriptions, photographs & inventory as being a fair, informative and accurate representation of their property.
Further, at the annual Visit England inspection, all details published on the website, including the property rating awarded by VE, the property description, photographs & inventory are checked and verified by their inspector to be fair and accurate.
It is the responsibility of the Hirer to ask for clarification, prior to booking, of any points, items or matters that may not be covered in the description that are of importance to their stay.
14) Alterations. The Lakeland Cottage Company reserves the right to make, where it feels necessary, any alterations, inclusions, or deletions to information published on its Website.
Occasionally, Owners may make changes to the property, during the 12-month VE inspected period, which LCC may not have been able to update on their website or have notified to you prior to your reservation having been made. The Owner is responsible for ensuring such changes are only of a beneficial nature and would be deemed fit for purpose by VE. On this premise, the Hirer has no recourse to request any refund.
Where a free service is included such as leisure club, welcome packs, Wi-Fi broadband internet connection, telephone, etc. and these become unavailable or modified, the Owner or The Lakeland Cottage Company will not be liable to refund or compensate the guest.
15) Use of amenities and facilities: The use of any amenities or facilities of the property, by the Hirer or members of their party, or any invited guest is entirely at their own risk.
16) Access: The property owner, his/her local representative, or an employee of LCC shall be allowed access to the property at any reasonable time during the holiday occupancy. Where it is agreed a tradesperson is required to effect a repair or replacement at the property, they also shall be provided with reasonable uninhibited access.
Due to FSA rules LCC is unable to provide or sell cancellation insurance. We strongly recommend guests seek some form of cancellation and or travel cover as cancelation of the holiday will mean loss of either deposit or the full amount, if paid. Further, where the holiday is not fully paid, depending on the time a cancellation (see clause 18 below) is made the holidaymaker may well be liable for any balance due. Guests should be sure that any insurance taken covers all eventualities including travel and road conditions as owners are not liable for circumstances that may prevent you accessing the property.
a) If the Hirer has to cancel the holiday for any reason then the deposit is automatically forfeit unless the holiday dates can be re-let. (see clause 18c)
Provided written notice is given to the Agent not less than ten weeks before the holiday commencement date the Hirer will not be liable for the balance of reservation charges.
b) If cancellation is notified less than ten weeks before the holiday, the Hirer will be liable for the full cost of the holiday regardless of whether it is fully paid up or not. (see clause 18c)
c) When a cancellation is received by LCC in writing, it will make every effort to re-let the cancelled dates and may have to discount the rental value that was quoted to the original Hirer who is now cancelling. If the replacement rental is less than that paid by the original Hirer, then that Hirer will only receive a refund based on the replacement income.
In all circumstances, the booking fee is non-refundable, additionally a cancellation administration fee will also be deducted prior to any refund. Currently this fee is £50 however LCC reserves the right to vary this amount without notice, it will not however apply any variation retrospectively.
d) Where a Hirer has holiday insurance, and requests in writing that they wish to make a claim against that insurance for their unrecovered losses due to the cancellation, LCC will provide the Hirer with booking confirmation details indicating non-refunded payments made by the Hirer.
e) Non payment of the rent due as outlined in Condition 5 of the Terms and Booking Conditions will be treated as a cancellation and the Agent will treat the property as available for re-letting. If the holidaymaker fails to pay the rent due and the Agent is unable to re-let the property the Hirer is still liable for the balance of the rent due if this has not already been paid, and the payment of such balance shall be required within seven days on demand.
a) Should you have cause for complaint this must be reported immediately to the Owner or their Local Representative and the Agent so that the matter can be investigated fully, allowing the opportunity to try to correct and make good the problem. A complaint not reported at the time cannot be subsequently considered after you return home, as you will appreciate it would be difficult to investigate and/or have the opportunity to rectify. Any notifications after your holiday has ended cannot be considered in relation to a request for compensation. Should a complaint remain unresolved you must address the complaint to the Owner but send it, in the first instance, via our office.
b) Should an item fail or the property and furnishings suffer some wear and tear, every effort will be made to effect a speedy repair, but it must be understood that this is not always possible as Owners and their Local representatives are subject to third party availability and that replacement items or spare parts may need to be ordered.
Should an item remain unrepaired this will not automatically warrant a refund or compensation as the item/items form only a part of the overall accommodation, except where the problem renders the property as unsuitable accommodation. Should a failure be deemed by the Owner to render the property unsuitable for occupation then the Hirer and all members of their party must terminate occupation in order to seek any refund which will be limited to only the rental paid.
c) Force Majeure.
In the event of failure of services or facilities at the hired Property which are outside of the Owner’s control, e.g. electricity, gas, water, telephone, broadband connectivity, terrestrial and satellite TV signal etc., attractions and facilities outside of those of the property, any leisure activities promoted on the LCC website, and weather conditions that affect travel; then the Agent or Owner will not be held responsible or liable in full or part for refund or compensation, this save where a property is deemed unsuitable for use, e.g. fire or flood when the liability will be only to a maximum of the rental paid.
The Owner and LCC shall have no liability to the Hirer or any member of their party under these Conditions if they are prevented from, or delayed in performing, their obligations under these Conditions or from carrying on their business by acts, events, omissions or accidents beyond their reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Agency or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
d) In the event of a complaint not being resolved to the satisfaction of both the Owner and Hirer, as registered members of Visit England, the Agent reserves the right to refer the matter to VE for advice and inspection as does the Hirer. Should the matter continue to be unresolved by the actions of either the Hirer or the Owner, the Hirer must then take issue, legal or otherwise, directly with the Owner of the property.
20) Limitation of Liability:
a) Non of our term & conditions deny the Hirer, the Owner or the Agent their statutory rights.
b) Where loss or damage arises from breach of contract, negligence, misrepresentation, or otherwise the Agent shall not be under any liability to the Hirer or to third parties for any loss or damage howsoever arising.
c) No liability shall be accepted by the Agent for oral representations made by employees of the Agent.
d) The Agent makes no warranties or representations as to the state of the property beyond condition at the time of the most recent annual VE inspection.
21) Data Protection. The Agency will use the personal data of the Hirer and members of the party for the purpose of processing the booking enquiry and for carrying out the Agent’s obligations in accordance with the Contract. The Agent will also pass on such information relating to the reservation to the Owner, and/or their Local Representative that is required in order that they may fulfill their obligations under the Contract.
The Lakeland Cottage Company will not, under any circumstances, pass on personal data relating to the Hirer, other members of their party, or the Owner to any third party for the pursuance of marketing and advertising activity by such third parties.
22) Governing Law and Jurisdiction:
a) The Contract and these Conditions, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the Law of England and Wales.
b) The Parties irrevocably agree that the Courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract, these Conditions or its subject matter.