Terms and Conditions
Booking terms and conditions
These booking terms and conditions apply to all confirmed bookings created on or after 1st January 2023.
Introduction and references
Burnviewvilla.co.uk (“the Website”) is a website owned and operated by the Owner who shall be referred to as “we”, “us” or “our” in these terms and conditions.
To make it easier to read these terms and conditions there are a number of further definitions which we use:
- “Deposit” means a deposit of 15% of the total holiday accommodation cost (which includes any “extras” selected at the time of booking);
- “Holidaymaker” means you and each person going on holiday with you on your booking;
- “Owner” means the owner of the Property you book;
- “Property” means Burn View Villa and
- “You” means the lead person making a booking through us.
When you make a booking through us you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully, particularly section 10 headed “Limitation of Liabilities and Legal”.
Contract and Booking
When you make a booking through our website the contract to occupy the Property is between you and the Owner.
Bookings cannot be accepted from persons under 18 years of age.
The Property is meant to be used for the purposes of a holiday, and certain group bookings, including for stag and hen dos will not be allowed.
No bookings are valid until confirmed by us in writing (including by email).
Once a booking is confirmed it cannot be changed by you, unless agreed by the Owner. If the Owner agrees to make requested changes to your booking (for example, changing the lead booker and/or the dates of your holiday) you will be required to pay £75 per change.
Deposit, Payment, Security Deposit
To confirm a booking we request a 15% non-refundable deposit, with the balance payable 6 weeks before your first night's stay. We also require a £300 security deposit, which is payable along with the final balance. This is returned via bank transfer 7 days after departure, once a full inspection of the property has been made.
Dogs are charged £20 each, per week. (Maximum 2 and subject to agreement with owners)
We reserve the right to cancel your holiday and re-let any holiday where any payment due is more than 7 days late. In these circumstances, you will not be entitled to any refund.
The Deposit is non-refundable unless we are unable to accept the booking or the Property is unavailable at the time of the holiday (please see section 3).
The owner is unable to make the Property available
If the Owner cannot make the Property available to you for your booking we will arrange a refund of all amounts you have paid towards the accommodation cost. We will not be responsible to pay any compensation or expenses as a consequence of such an event.
Guest Cancellations
If you cancel prior to the holiday arrival date you may be due a partial refund from the Owner.
The refund will depend on the amount of notice you give us the Owner before the holiday start date.
If section 3 applies you will be entitled to a full refund of the accommodation costs from the Owner. In all other circumstances, the refund will be calculated as follows:
- 21 or less days’ notice – No refund due
- 22-35 days notice – 10% of the total accommodation cost
- 36-49 days notice – 20% of the total accommodation cost
- 50-63 days notice – 40% of the total accommodation cost
- More than 63 days’ notice – your liability to pay the balance will be waived, however, the Deposit will not be refunded. If the holiday was paid in full and more than 63 days notice is provided then 2/3rds of the total accommodation cost will be refunded.
For the avoidance of doubt, the Deposit is non-refundable in all circumstances when you cancel a holiday unless section 3 applies.
If a refund is due we will aim to return the applicable amount within 10 working days of cancellation.
Holidaymakers’ responsibilities
You will ensure that you and all Holidaymakers will:
- act responsibly and carefully whilst at the Property, abiding by any property specific house rules and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;
- report to the Owner any damage or breakages made during the holiday occupancy and pay for damage (wear and tear accepted);
- not smoke at the Property nor allow anyone else to smoke at the Property;
- not allow more than the maximum number of people or pets to stay at the Property as stated on the Website;
- at all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or their guests (if allowed at the Property) or pets (if allowed at the Property) do anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;
- not enter the Property before the stated arrival date and time and will leave the Property before the stated departure date and time;
- treat people with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards an Owner, any member of their team, any member of the community in which the Property is situated, or any of our employees, directors, consultants or other party acting on our behalf;
- secure the Property (including all windows and doors) whenever leaving the Property.
The Owner will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. In serious cases, Holidaymakers may have to leave the Property early without any compensation or refund.
Owner’s responsibilities
The Owner will ensure that:
- the Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
- suitable arrangements are made for you to access the Property;
- they treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards any Holidaymaker at their Property;
- they can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay;
- they, and the Property, comply with all applicable laws and regulations (including health and safety regulations);
- all Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow the Owner or any representative, access to the Property if reasonably required).
However, the Owner will not be responsible, nor liable to you (or any Holidaymakers) for any events outside the Owner’s reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.
Pets
Dogs are only allowed at the Property at an additional charge which will be identified at the time of booking.
If any Holidaymaker has an allergy to dogs, please be aware that the Owners can not guarantee that a dog has not stayed at the Property. The Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
The following dog terms apply:
- Dogs must be under strict control at all times while in or at the Property;
- Any fouling must be cleared up without delay;
- The dog owner must bring the dog's bed or basket for sleeping in;
- Dogs must not be left alone in or at the Property or elsewhere at any time;
- Dogs must not lie on beds or furnishings, and hair must be cleared up before departing;
- Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur subsequent charges;
- Young dogs (e.g. puppies less than 12 months’ old) must be declared at the time of booking and authorised by the Owner;
- You will be liable for any damage caused by any Holidaymakers’ dogs. Any damage is to be reported to the Owner (or their representative) immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner's discretion.
If you break these terms, the Owner (including their representative) may notify you that you have broken these terms and may cancel the booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that they pay an additional reasonable charge.
Website and descriptions/amenities
We have compiled the information on our Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside our control, in which case we cannot accept responsibility.
We make every effort to ensure that the Property details are accurately represented and that the pricing and availability of the Property is correct. Mistakes may occur from time to time, and we reserve the right to rectify errors (including any pricing errors) within 5 business days of you making your booking.
As Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for leisure, not business, purposes.
As Burn View Villa is an older property, remember that much of its character and charm is due to its age. The Property is well over 100 years old and was built long before the days of damp proof courses and cavity walls so may show signs of damp, particularly in long spells of wet weather. If you have any concerns, please talk to us at the time of making your booking.
Please remember that properties in the country do attract spiders and therefore cobwebs. It does not mean that the Property is dirty or has not been cleaned as cobwebs can be spun almost as quickly as they have been cleaned away.
Confirmation should be requested prior to booking if there is any particular detail or facility that is important to you. When you make a booking the Holidaymakers accept that minor differences between text/photographs/illustrations on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to a Holidaymaker's standards.
Complaints procedure
If you have any complaint concerning a Property, the matter should be taken up with the Owner (or the local point of contact provided to you in the travel directions) first. The Owner should do their best to resolve your complaint, where possible. It is important to raise any complaint while you are still at the Property.
If you are not satisfied with the response given by the Owner, please then contact us (via the Customer Service Department) with full details so we can investigate further. We will then liaise with the Owner to try to resolve any unresolved complaints.
Limitation of Liabilities and Legal – Please pay particular attention to this section
The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions).
When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period of performance. You can see further details in the section “When you don’t get 14 days to cancel” on the citizen’s advice bureau website here.
We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control.
If either you or the Owner fails to comply with these terms and conditions you or the Owner will be liable (only) for losses which are a foreseeable consequence of the failure to comply with the applicable terms. Losses are foreseeable where they were contemplated by you and the Owner at the time you made the booking.
Nothing in these terms and conditions will limit the Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Owner’s negligence or the negligence of their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.