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Booking Conditions

Version 1.1 – October 2020

In these Booking Conditions, ‘you’ and ‘your’ means all of the people named on the booking form (including anyone who is added or replaced at a later date should this be applicable to your booking). ‘We’, ‘us’, ‘Eden’ and ‘our’ means We Are TMG Limited, 10087681, registered at Town House Farm, Clotton, Tarporley, Cheshire, CW6 0EG, trading as ‘Eden’, ‘Eden Retreats’ and ‘staywitheden.co.uk’.

Part 1 – Your Relationship With Eden & Our Booking Terms

Before completing your booking with us, please read these Booking Conditions carefully together with all the other information relevant to your booking. By making your booking with us you are agreeing to these conditions and we and the owner(s) are accepting it based on these conditions.

  1. Your relationship with Eden
    1. When you book a property with Eden you are entering directly into a contract with the owner or the service provider who owns the property or is supplying the service, and we may charge a fee for arranging your booking using our platform.
    2. Eden operate a booking platform and act as agents when taking your booking. We accept no legal responsibility for any contract you enter into for the property or other extra services purchased through our platform, or for the acts or failure to act of any owner or supplier or other person connected with your booking.
    3. Your booking with us is subject to these Booking Conditions and where applicable, any relevant terms for additional services you may wish to book which we have made you aware of at the time of booking.
  2. Your use of our service
    1. All properties on our website or in other materials are offered by the owners for the sole purpose of holiday lettings, unless expressly agreed otherwise in writing by the owner and us. Accordingly you agree that your booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights to the property other than the right to occupy the property as holiday accommodation for the period of your booking only.
    2. No booking of any kind would constitute an ‘Assured Shorthold Tenancy’ or otherwise protected under the Protection from Eviction Act 1977, or any similar legislation that applies in the territory of the accommodation to which your booking relates.
  3. Making your booking with Eden
    1. All bookings depend on the property and other arrangements being available at the time you have booked them. You, as the person in charge of the party must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these Booking Conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these Booking Conditions. You, as the lead guest, are ultimately responsible for making all payments due to us, even if we offer the ability to split payments with other members of your party using our platform.
    2. As long as the property is available and we have received all the relevant payments and information from you when making your booking, we will send you written confirmation by email. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking (if applicable).
    3. Your binding contract with the owner will begin when we issue you with the written confirmation by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address in order to ensure that you do not miss this correspondence. We cannot accept any responsibility for you failing to see any email we send to you and we consider this to be received by you when we send it.
    4. Although it is rare, we, on behalf of the owner have the right to refuse any booking before we send you your arrival information. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the owner or other service provider (if any) will have any legal responsibility to you.
    5. Even if we have sent a written confirmation or your arrival information, we on behalf of the owner, have the right to cancel a booking where there are reasonable grounds to believe that (a) it is not legitimate (b) you are likely to breach any of our Booking Conditions (c) information supplied by you in relation to your booking is incorrect (d) you have behaved in a vexatious, abusive or unlawful manner to owners, suppliers or to our staff. If we cancel your booking, we will tell you in writing and neither we nor the owner will have any legal responsibility to you.
  4. Payments
    1. At the time of booking you must pay the deposit amount due plus any applicable booking fee by debit or credit card. This amount is shown to you when you process the booking on our website. You must pay us the full amount if you book less than 42 days from the arrival date of your stay in accordance with this Clause 4.
    2. We are only able to accept payment in pounds sterling.
    3. We must then receive the rest of the money owed no less than 42 days before the date of arrival and we will automatically collect the balance owed on the card that you used to pay the deposit, unless you settle the amount owed before that date or unless you ask us to use another payment method for the balance.
    4. If you do not pay any payment due in relation to your booking by the appropriate date we are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the appropriate cancellation provisions herein will apply, as applicable.
    5. If you book less than 42 days before the arrival date of your stay, we must receive full payment of the total cost of your booking and any associated fees when you make the booking.
    6. There is no charge for debit or credit card payments however, if your bank refuses to make your payment for any reason, we are entitled to make an administration charge of £35 if we are required to process the payment again, or contact you to seek alternative means of payment.
    7. Please note that we act as an agent and that other than any booking fee (which we may charge ourselves for the services we provide in administering your booking) all charges and refunds are made for and on behalf of the owner as appropriate. Except where otherwise stated, all monies you pay to us for the arrangements will be held by us on behalf of the owner and forwarded on to them in accordance with our agreement with them.
  5. Pricing
    1. All prices quoted or shown on our website or in other materials include all charges and any fees which may apply to your booking at the time it is made including the appropriate VAT.
    2. All accommodation prices are for the property as a whole and are not on a per person basis, except when an extra person charge applies, or you choose to add extra services to your booking, or where expressly stated otherwise on our website.
    3. Where applicable in accordance with Clause 4, the deposit required for each booking is shown on our website.
  6. Details shown on our website or other marketing materials
    1. We aim to make sure that the information provided by owners or other service providers is presented accurately on our website, in brochures and other promotional material we produce. It is intended to present a general idea of the arrangements, not all details of the relevant facilities can be included on our website. Furthermore, there may be small differences between the actual property/arrangements and its description. This is usually because the owners/service providers are always aiming to improve services and facilities. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation.
    2. We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website, in brochures, by our advisers or advertised elsewhere. We make reasonable efforts to make sure that information we give you about your property and its facilities or services, as well as advertised travel and other services, is accurate and complete on the date given.
    3. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property/arrangements or its facilities and services, unless this was caused specifically by our negligence.
    4. Where WiFi is an advertised facility this provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure not for business purposes. Bookings are not accepted if they are wholly reliant on the uninterrupted, unlimited provision of WiFi.
  7. If you change or cancel your booking
    1. If you want to change any detail of your confirmed booking, we will do our best to make the changes. However, we must receive your notice in writing by email or through our website functionality by using the customer account section online. Some owners or service providers may treat changes to your dates or property as a cancellation of the original booking and so cancellation charges will apply. Also, we cannot guarantee that the owner or service provider concerned will be able to meet your request.
    2. Changes can only be accepted in accordance with the owner or service provider’s terms and conditions. You may be asked to pay us an administration charge of £50 for each change. In addition, where the owner or service provider can meet your change request, you may have to pay any costs incurred by them in facilitating this change for you, which will be charged at the current website or brochure price, which may be different from the price on the website or brochure from which you booked your chosen arrangements.
    3. If you have to, or want to, cancel your booking after it has been confirmed, you must notify us as soon as possible by using the functionality on our website in your online customer account. The day we receive your notice to cancel is the date on which we will cancel your booking with the owner (our system will do this automatically).
    4. You will have to pay a cancellation charge based on the number of days before the arrival date at the property that we receive notice, as shown in the table in Clause 8. This means that if you have paid the balance of your total holiday cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not paid your total booking cost, including any booking fee or other costs by the time of your cancellation, you may have to make a further payment to cover the cancellation charge. We will use the card used to make the booking to automatically take this payment unless you advise us otherwise.
    5. If only one person in your party needs to cancel, this will not normally affect the total cost of your booking unless you cancel any extra services which are charged on a ‘per person’ basis. In these instances, we may provide a refund of any per person charges remaining after taking off any applicable cancellation charges.
    6. No refunds are payable in the event that you cut short your stay.
  8. Cancellation charges if you cancel your booking
    Number of days before the arrival date of your booking that we receive your notice to cancel
    (or on which you are deemed to have cancelled)
    Cancellation charge
    More than 42 days Full deposit
    8 to 41 days 75% of the total cost of the booking
    Within 7 days 100% of the total cost of the booking
  9. Changes to your booking made by the owner, us or other service providers
    1. The owners, us and our service providers do not routinely expect to have to make any changes to your booking. However, sometimes bookings have to be changed or mistakes have to be corrected. In these instances they have the right to do so and if they do we will contact you as soon as is reasonably practical. We will explain what has happened and let you know about the change and we will have no further liability to you.
    2. If we or the owner, or the service provider cancel your booking or are prevented from providing the accommodation you have booked, you may choose to:
      1. accept alternative accommodation if we are able to offer this to you – you will have to pay any difference in price if the cost of the new accommodation is higher or be credited the difference if the cost of the new accommodation is lower;
      2. request a voucher with a redemption value equal to the amount previously paid by you for the booking – the voucher terms and conditions will be available before you make your choice under this clause; or;
      3. obtain a refund of the amount already paid by you for the booking, excluding any non-refundable fees.
  10. Our responsibility to You
    1. As we act only as agents for the owner or service provider, we cannot accept any legal responsibility for any act or neglect on their part or of anyone representing or employed by them. We cannot accept any liability for any problems or faults with or in any property as they are only controlled by the owners.
    2. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. If you have any complaints about any services we provide e.g. our booking service (as opposed to the arrangements provided by the owner), you must let us know immediately in writing and in any event within seven days of the end of any arrangements booked through us. Unfortunately, we cannot accept any legal responsibility if you do not let us know within this timescale.
    3. If we are found to be at fault in relation to any service we provide (as opposed to any service provided by the owner or service provider for whom we are not responsible), our liability to you will be limited to any commission we have earned from the booking, plus any reasonable expenses you cannot recover from elsewhere. However, we do not exclude or limit what we may be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees whilst acting in their course of their employment, or for any criminal act we may commit.
    4. Neither we nor the owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner’s control.
    5. We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
  11. Owners and service providers’ terms and conditions
    1. The services which make up your holiday are provided by people, firms, companies and other organisations which are totally independent of us and for whom we act as agents. These service providers and owners provide services in line with their own terms and conditions with us. Some of these terms and conditions may limit or exclude their liability to you. The terms we have with our owners are available on request.
  12. Disabilities and medical problems
    1. If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you confirm your booking and give us full details in writing as early as possible before you travel. If the owner reasonably feels unable to properly meet that person’s particular needs, we can refuse or cancel the reservation on the grounds of safety.
  13. Part 2 – Your Use of the Property

  14. Conditions on your stay at the property
    1. The owner has set the following conditions for your stay at the property:
      1. Arrival and departure – You can usually arrive at your property at any time after 4pm on the start date of your rental period but we will confirm this time in your booking confirmation. You must leave by 10am on the last day of your stay.
      2. If you fail to arrive by 4pm on the day following the start date of your rental period and you do not let the person whose details are given as the property contact know you are arriving late, we on behalf of the owner may treat your booking as having been cancelled by you. In this situation, we will not refund any money you have paid and you will not be able to access the property after this time.
      3. Security deposits – Where a suitable insurance policy has not been taken out by you, owners may require payment of a security deposit. If this applies, we may administer on behalf of the owner. The amount and details of how the payment should be made and how and when it will be returned (less any costs for breakages, damages etc. if applicable) will be provided when we send you your arrival information.
  15. Behaviour
    1. You and all members of your party agree;
      1. to keep the property clean and tidy;
      2. to leave the property in a similar condition as you found it when you arrived;
      3. to behave in a way at all times while at the property which does not break any law;
      4. not to use the property for any illegal or commercial purpose;
      5. not to sublet the property or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the owner as a member of your party;
      6. not to behave in anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the quiet enjoyment of others.
    2. Notwithstanding Clause 15.2, you accept responsibility for the behaviour of any person you let into the property at any time during your stay.
  16. Maximum occupancy
    1. You must not allow more people than stated on the website to stay overnight in the property.
    2. You cannot arrange for visitors to the property without the advance consent of the owner.
    3. You cannot significantly change the number of adults or children during your stay.
    4. You must not hold events (such as parties, celebrations or meetings) at the property without the advance consent of the owner. If you do any of these things, the owner can refuse to hand over the property to you, or can repossess it. If the owner does this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking and neither we or the owner will not be legally responsible to you as a result of this situation. Neither we nor the owner are under any obligation to find any alternative accommodation for you.
  17. Pets
    1. Our website shows clearly which properties allow dogs, and therefore dogs are not allowed unless we say so on the website. If allowed at your property and you take dog(s) with you providing you indicate this at the time of the booking, it is not allowed upstairs, on beds or furniture, or in any shared facilities, such as swimming pools.
    2. You must not leave any dog(s) unattended in the property, including any garden, and you must keep dog(s) on a lead within the boundaries of a property (including the garden).
    3. Registered assistance dogs are allowed in most properties featured on our website or in brochures, even if the property description says that pets are not allowed.
    4. Pets other than dogs are not allowed.
    5. If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in your chosen property, even if the owner does not allow pets, nor can we accept any responsibility for any subsequent health reaction. It is your responsibility to make specific enquiries before booking as some property owners may take their own pets to a property.
  18. No smoking
    1. Properties are no smoking (including e-cigarettes) so you are not allowed to smoke within or near to the property.
    2. If there is any evidence of smoking having taken place on or near to the property, we on behalf of the owner reserve the right to charge any fees appropriate in accordance with Clause 18.
  19. Damage and excessive cleaning
    1. You are responsible for and agree to reimburse to the owner and us all costs incurred by the owner and/or us as a result of any breakage or damage in or to the property which is caused by you or any members of your party or any other persons invited into the property by you. The owner and/or we can ask for an extra payment from you to cover any such costs.
    2. The owner expects the accommodation to be left in a reasonable state on departure. If in the owner’s or caretaker’s opinion, additional cleaning is required, you will be liable to the owner for the cost of this cleaning.
    3. You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival please notify the owner/property contact immediately.
  20. Right of entry
    1. The owner is allowed to enter the property (without letting you know first if this is not practical or possible) if special circumstances or emergencies occur (for example if repairs need to be carried out, or there are issues at the property). The owner is also allowed to enter the property if you break any of these Booking Conditions, the owner’s own terms and conditions or any other terms that apply to your booking and/or the property.
    2. The owner or its representative also is allowed to enter the property to inspect it (including but not limited to where you have complained about the property). If this happens, you will be given reasonable notice first.
    3. You agree to allow the owner or their representative (including workmen) access to the property as required by this clause.
  21. Unreasonable behaviour
    1. We or the owners of any property can refuse to hand over the property if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests, to members of staff or to neighbours, or if the owner has reasonable cause to believe you or any member of your party will cause damage or loss to the property, its services or facilities. If this happens, the contract between you and the owner will end and you will not receive any refund and neither we nor the owner will have any further responsibility to you.
    2. The owners of all properties can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in your party (including anyone invited into the property by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where you or any member of your party (or anyone invited into the property by you) has broken or is likely to break any of these Booking Conditions, the Owner’s terms and conditions or any other terms and conditions applicable to the property which you have been told about. If this happens, you will have to leave the property immediately and no refund will be given. You may also be responsible for any costs the owner has as a result of your behaviour.
  22. Special requests
    1. If you have any special requests, you must let us know when you make a booking and confirm them in writing. Although we will try to pass any reasonable requests on to the owner, we cannot guarantee that any request will be met. Confirmation that we have noted a special request or passed it on to the owner or any other document, is not confirmation that the request will be met.
    2. If we or the owner or service provider fail to meet any special request, it will not mean we or they have broken your contract.
  23. Complaints
    1. If you want to complain, we, together with the owner or service provider will want to take action to resolve your complaint as soon as possible. Because the contract for your arrangements is between you and the owner or service provider, you should put any queries or concerns to them initially. It is essential that you contact the owner or their representative immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless the owner is told promptly. If you discuss the problem with the owner or their representative during your stay at the property, it can usually be sorted out straight away. In particular, complaints which would only be temporary (for example, complaints on how the property is prepared or the heating not functioning) cannot be investigated unless registered during your stay.
    2. Only if you cannot contact the owner or their representative, or if you are not happy with their response, you should immediately contact us using the information shown on your booking confirmation. If, after this, you feel that the problem has not been dealt with to your satisfaction, you must, within 28 days of departure, put your complaint in writing to us. We will then pass this on to the owner.
    3. As we act only as an agent for the owner, we cannot accept any legal responsibility for your complaint. If we help to resolve a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation.
  24. Governing law and jurisdiction
    1. 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.

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