Booking Terms and Conditions from 17th Dec 2020
If you made your booking before 17th December 2020 your booking conditions can be found HERE.
Booking Terms and Conditions
We are Sleeps12.com Ltd (“We/Us/Our/Sleeps12.com”), a company registered in England and Wales incorporated under company number 05380191. Our registered office is at Goodwood House, Blackbrook Park Avenue, Taunton, Somerset, TA1 2PX, United Kingdom. We act as an agent for the Owner in the letting of their Property to you, the Lead Booker (“You/Your/Lead Booker”). Sleeps12.com does not hold any ownership in the properties but acts as an agent for the Owner of the Property.
The following Terms will apply to Your Stay which is booked through Us.
1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Booking: Your request to stay at the Property as made via the Booking Form on our Website or over the phone and then confirmed in a Booking Confirmation;
Booking Confirmation: our email confirmation of Your Booking after we receive and accept Your Booking Form;
Booking Form: the booking form provided by Sleeps12.com via the Website which the Lead Booker has to complete before the Booking for the Stay is confirmed;
Booking Deposit: 20% of the total Hire Cost payable in accordance with clause 7.1 of these Terms;
Business Days: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
Check-in Date: the date on which Your Stay will begin and the Property will be made available to You as set out in the Booking Confirmation;
Damages and Security Deposit: means a refundable (subject to the conditions in clause 9 of these Terms being met) deposit payable to cover any breakages and damage to the Property or its contents during Your Stay;
Departure Date: the date on which Your Stay at the Property will end as set out in the Booking Confirmation;
Event Outside Our Control: as defined in clause 14 of these Terms;
Hire Cost: the total cost for Your Stay as indicated in the Booking Form;
House Rules: additional conditions relating to Your use of the Property, as referred to in clause 2.7;
Lead Booker: the individual person who makes the Booking and completes the Booking Form and who has responsibility for the Booking in accordance with these Terms;
Owner: the owner of the Property (or their representative);
Property: the property as defined within the Booking Confirmation;
Property Description: the description of the Property on our Website;
Property Specific Terms: any specific terms that apply to the Property You have chosen to make a Booking for which are specified in our House Rules in respect of individual properties;
Terms: the terms and conditions set out in this document;
Stay: the period of time for which the Property is made available to You as set out in the Booking Confirmation and agreed by Us; and
Website: our website to be found at Sleeps12.com Website.
Your Booking Group: means the individuals the Lead Booker is making the Booking for who will stay at the Property as confirmed by You in writing to Us before the Check-In Date.
1.2. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU AND YOUR CONTRACT WITH THE OWNER
2.1. These are the terms and conditions which will apply to any Booking made with Us and which will apply for the duration of your Stay. These Terms tell You who we are, how we will provide services to You, how You and we may change or end the contract, what to do if there is a problem and other important information.
2.2. You can make enquiries with us in respect of a Booking either via our Website or by telephone. Following your enquiry with us in respect of a Booking, You must complete a Booking Form. Once we have received the completed Booking Form and any payments due to us at the time of Booking in accordance with clause 7 of these Terms your Booking will be accepted and we will send you a Booking Confirmation.
2.3. We act as agent for and on behalf of the Owner to provide your Stay at the Property as set out in the Booking Confirmation and the contract for Your Stay at the Property will be with the Owner on the terms and conditions set out in these Terms. You acknowledge and accept that We do not own any of the properties listed on our Website. You also acknowledge and accept that the Owner reserves the right not to accept any Booking. Any payments received by Us will comprise of both a payment for the letting of the Property due to the Owner and a booking fee payable to Us. In receiving payment for the letting of the Property on behalf of the Owner as its disclosed agent any and all sums received by Us from You in respect of the letting of the Property will be paid to the Owner on Your behalf.
2.4. In making a Booking You confirm that You are over the age of 18.
2.5. Please ensure that You read these Terms carefully, and check that the details on the Booking Form are complete and accurate before You submit the Booking Form to Us. Please also carefully check the Booking Confirmation when you receive it and let us know if there are any issues.
2.6. You acknowledge that You are making the Booking on behalf of Your Booking Group and that you will ensure Your Booking Group comply with these Terms and all times during your Stay.
2.7. Our House Rules are incorporated into the contract with You and these are available on our Website and may be amended from time to time. Please check our Website for any changes to the House Rules before Your Stay as minor changes may apply from time to time although we aim to keep such changes to a minimum.
2.8. These Terms will become binding on You and Us when We issue You with a Booking Confirmation and You have paid all payments due in accordance with clause 7 at which point a contract will come into existence between You and Us for the administration of the Booking and between You and the Owner for the Stay with us acting as agent for the Owner.
2.9. Please take all reasonable steps to ensure that the Property is suitable for Your needs before submitting a Booking. We and / or the Owner cannot be held responsible for ensuring the Property is suitable for your needs or those of Your Booking Group in any way.
2.10. Any descriptions, illustrations, photographs and other imagery displayed on our Website are for illustrative purposes only and are subject to change.
2.11. We reserve the right to amend prices and/or correct any typographical errors on our Website, rate cards or brochures. In the event of a price increase due to an omission or error We will contact You as soon as We become aware of an increase in charges. If You do not wish to pay the increase You shall be entitled to cancel the Booking and receive a full refund for all monies paid in respect of the Booking provided notice of cancellation is given by You within 7 days from You receiving notice of the amendment to the price to be charged from Us.
2.12. You acknowledge that You have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
3. CHANGES TO THESE TERMS AND CHANGES TO BOOKINGS
3.1. We may revise these Terms from time to time if required due to changes in the law or regulatory requirements or if business need dictates it. If We revise these Terms pursuant to this clause 3.1, we will give You at least 7 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10 if You do not accept these changes.
3.2. If You wish to cancel a Booking before Your Check-in Date, please see Your right to do so in clause 10.
4. PROPERTY SPECIFIC TERMS
Any Property Specific Terms shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles the Owner to cancel the contract with You. If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.
5. YOUR STAY AND USE OF THE PROPERTY
5.1. The Owner will supply the Stay to You for the period set out in the Booking Confirmation upon the terms and conditions set out in these Terms.
5.2. As the Lead Booker You are responsible for ensuring all members of Your Booking Group comply with these Terms. The maximum number of people who can stay in the Property is set out in the Property Description (but will be subject to any overriding government restrictions restricting numbers) and You warrant that You will not at any time during Your Stay exceed that number or exceed any government restrictions on numbers applicable at the time of the Stay. As the Lead Booker you acknowledge that it is your responsibility to ensure these Terms are complied with by You and any guest who you invite for the Stay and there is no contract between the Owner/Us and any guest you invite for the Stay. As Lead Booker you acknowledge that you are solely responsible for deciding who you invite for the Stay and if numbers of guests needs to be reduced because of any government restrictions then it is your responsibility to arrange this and it will not be the responsibility of the Owner and/or Us.
5.3. You must not part with possession of the Property or share it, except with members of Your Booking Group.
5.4. You acknowledge that any vehicle is left at the Property entirely at your risk and / or the risk of the owner of the vehicle from Your Booking Group.
5.5. You acknowledge that any bookings made with external companies for activities such as catering or pampering services are entered into in a separate agreement and We are not responsible in any way for these services provided to you by third parties.
5.6. Business or commercial use of the Property is strictly prohibited and the Property can only be used by You, Your Booking Group and any permitted guests as temporary holiday accommodation. These Terms do not create a relationship of landlord and tenant between Us and You or between the Owner and You. You acknowledge and accept that You shall not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure either during the Stay or when Your agreed Stay ends. We / the Owner reserve the right to terminate the contract without notice for any breach of this clause and no refunds will be provided if Your Stay is ended early.
5.7. We will confirm Your Check-in Date and Departure Date in the Booking Confirmation. You will be able to occupy the Property from 16:00 on the Check-In Date and you will need to vacate the Property by no later than 10:00 on the Departure Date unless otherwise indicated in the Booking Confirmation or on our Website in the Property Description.
5.8. Pets are only permitted during Your Stay if agreed by Us at the time of Booking and if confirmed in the Booking Confirmation.
5.9. Smoking is strictly prohibited at the Property.
5.10. Wi-Fi internet access may be offered in the Property but neither We or the Owner can guarantee availability, minimum speed, unrestricted bandwidth or uninterrupted provision of internet access.
6. SWIMMING POOLS, HOT TUBS AND OTHER LEISURE FACILITIES
6.1. All swimming pools, hot tubs and any other leisure facilities described in the Property Description are subject to availability and We / the Owner cannot guarantee these will be available for Your Stay. In the event any leisure facilities are not available for Your Stay the Owner reserves the right to offer compensation in their sole discretion.
6.2. All leisure facilities will be subject to use in accordance with the House Rules. You must ensure that You and Your Booking Group comply with the House Rules in respect of the use of any leisure facilities.
7. HIRE COST, BOOKING DEPOSIT AND PAYMENT ARRANGEMENTS
7.1. If you make Your Booking more than 12 weeks’ before your desired Check-In Date you will need to pay the Booking Deposit upon request from Us. Your Booking will not be confirmed until the Booking Deposit has been paid to Us. You will need to pay the balance of the Hire Cost due no later than 12 weeks’ before Your Check-In Date,
7.2. If you make the Booking less than 12 weeks’ before your desired Check-In Date you will need to pay the full Hire Cost upfront to Us upon request. Your Booking will not be confirmed until the Hire Cost has been paid in full to Us.
7.3. The Booking Deposit is charged on every Booking and must be paid when You make Your Booking to secure your Stay at the Property. The Booking Deposit is non-refundable if You change Your mind and cancel the Booking but will be refunded if we are unable to provide the Property to You for any reason.
7.4. All payments must be made in the currency as shown in the Booking Confirmation and may be made by debit card, credit card, bank transfer either online or over the phone. Any charges raised against Us by our bank for handling direct debit payments shall remain your responsibility and payment of any such charges will be need to be paid You.
7.5. Prices specified on our Website will include VAT if VAT is to be paid by Us and/or the Owner.
7.6. If You do not make any payment due to Us by the due date for payment under this clause 7, We reserve the right to re-advertise the Property for reservations, cancel Your Stay and terminate the contract. In these circumstances, Your rights to a refund are set out in clause 11.
8. DAMAGES AND SECURITY DEPOSIT
8.1. We may request that you pay a Damages and Security Deposit to cover the cost of any damages or breakages which You make to the Property during your Stay or for your failure to keep the Property clean and tidy. This request is normally made by Us one week before Your Check-In Date and is payable upon request. The Damages and Security Deposit is refundable if you leave the Property after your Stay in the same condition it has been provided to you as at the Check-in Date.
8.2. The Property shall be checked following Your Departure Date. We shall report to You in writing within 10 Business Days of Your Departure Date, with details of any damages/loss incurred and/or additional cleaning costs and to confirm any deductions to be made to your Damages and Security Deposit. We will confirm any final deductions and refund any monies owed to You within 10 Business Days of Your Departure Date.
8.3. We, or the Owner, reserve the right to seek to recover further reasonable costs if the Damages and Security Deposit is insufficient to repair or replace any damage caused to the Property or its contents during Your Stay. In this instance We will request further monies to be paid by You to Us.
9. ACCESS AND POSSESSION
9.1. You must allow the Owner and/or Us access to the Property at all reasonable times and in the case of emergency at all times.
9.2. You must not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises.
10. YOUR RIGHTS TO CANCEL AND OUR REFUND POLICY
10.1. If You change Your mind and would like to cancel Your Booking, please contact us in writing by email or letter with a copy of Your Booking Confirmation as soon as possible.
10.2. For the avoidance of doubt You shall remain liable for all payments due in respect of the Booking whether or not they have been paid at the time of cancellation. Upon notice of cancellation from You, We will use reasonable endeavors to re-let the Property for the cancellation period. If We are successful in re-booking the Property then You will be refunded the difference between any payment you have made to Us less the sums received from the re-booking after deduction of all costs and expenses incurred by Us.
10.3. Where You have cancelled a Booking because of Our failure to comply with these Terms or if We change these Terms under clause 4.1 and You elect to cancel the contract (except where We have been affected by an Event Outside Our Control), You do not have to make any payment to Us and we will refund any payments already made.
10.4. If You depart voluntarily from the Property before Your Departure Date, no refund shall be given in respect of any period when you do not occupy the Property.
10.5. All guests are advised to take out holiday cancellation insurance to cover You in the event you need to cancel your Stay (see clause 12.3 for further details about insurance).
11. OUR RIGHTS TO CANCEL AND OUR REFUND POLICY
11.1. We or the Owner may have to cancel a Booking before the Check-in Date due to an Event Outside Our Control or if the Property is no longer available. We will promptly contact You if this happens. Any payments made by You will be refunded in full if We / the Owner need to cancel your Stay under this clause 11.1.
11.2. We may cancel the contract for Your Stay at any time with immediate effect by giving You written notice if You:
a) do not pay Us when You are supposed to; or
b) break the contract in any other material way.
11.3. The full extent of Our and the Owner’s liability is as set out in clauses 12 and 13 of these Terms respectively.
12. OUR LIABILITY TO YOU
12.1. Subject to clause 12.2, Our total liability to You shall not exceed the total amount paid by you for the Booking under these Terms.
12.2. We do not limit Our liability for;
a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) any liability it would be unlawful to exclude.
12.3. We strongly recommend You consider taking out a suitable insurance product to cover against unexpected costs such as cancellation charges, curtailment or delay to Your Stay and that such cover includes adverse weather conditions, illness affecting You or any member of Your Booking Group, transportation cancellations and government restrictions which may prevent You from travelling to or staying at the Property.
13. OWNER’S LIABILITY TO YOU
13.1. The Owner’s total liability to You under these Terms will not exceed the Hire Cost for your Stay.
13.2. The Owner does not limit its liability to You for;
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation; or
c) any liability it would be unlawful to exclude.
13.3. The Owner only provides the Property for private use. If You or Your Booking Group use the Property for any business or commercial purpose the Owner will have no liability to You or Your Booking Group for any loss including; loss of profit, loss of business, business interruption, or loss of business opportunity.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We and the Owner shall not be in breach of these Terms, nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from an Event Outside Our Control. If the Owner is unable to provide the Property to You due to an Event Outside Our Control, we will inform You as soon as possible and offer You an alternative stay at a different property (if available), alternative dates or a full refund if possible.
14.2. An Event Outside Our Control includes, but is not limited to: fire, explosion; storm or other weather damage; break-in or other criminal damage, strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster or utilities failure or interruption.
15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1. If You have any questions or if You have any complaints, please contact Us. Details of our complaints procedure can be found here: Sleeps12.com Complaints Procedure.
15.2. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by email on email@example.com. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us on the Booking Form.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1. We may transfer Our rights and obligations under these Terms to another individual, but this will not affect Your rights or Our obligations under these Terms.
17.2. You acknowledge that the Owner may enforce any and all of the Terms of this agreement against You.
17.3. Except for You, Us and the Owner, no other person shall have any rights to enforce any of these Terms.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. If We or the Owner do not insist immediately that You do anything you are required to do under these Terms, or if We or the Owner delay in taking steps against you in respect of your breaking these Terms, that will not mean that You do not have to do those things and it will not prevent Us or the Owner taking steps against You at a later date.
17.6. These Terms replace and supersede all previous booking conditions and will apply to all new Bookings after the date they are posted on our Website.
17.7. These Terms are governed by English law. All parties agree to submit to the exclusive jurisdiction of the English courts in the event of a dispute.