Booking Terms & Conditions
Updated December 2020
Sibleys Island Homes (The Agent) act only as agents of the owners of the accommodation (The Owner) and the contract of letting is between the person booking the accommodation (The Lead Guest) and The Owner.
The following definitions and rules of interpretation apply in these Terms:
- “Booking Confirmation” the confirmation of booking provided by email or post to the Lead Guest when a booking has been accepted.
- “Reservation Deposit” the deposit payable to reserve a booking which shall be 30% of the Rental Fees and is non-refundable.
- “Booking Form” the accommodation Booking Form completed and signed by the Lead Guest.
- “End Date” the last day of the Rental Period.
- “Event Outside the Owner’s Control” any act or event beyond the Owner’s reasonable control, including, without limitation, adverse weather conditions, breakdowns, technical failures, non-availability of transport, drought, fire, explosion, storm, flood, earthquake, subsidence, war, government action and prohibition. epidemic, pandemic or other natural disaster, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion or failure of public or private utilities.
- “Facilities” the facilities available at the Property which are described on the Website.
- “Lead Guest” the person making the booking and signing the Booking Form
- “Guest(s)” the people that occupy the Property subject to these Terms.
- “Owner” the person who owns the property specified on the Booking Form which the Lead Guest rents through the Agent.
- “Agent” Sibley’s Island Homes who act as Agents for the Owner(s)
- “Property” the property (and garden, if any) identified in the Booking Confirmation, together with the fixtures, furniture and effects at that property (and garden).
- “Rental Fees” the total amount due from a Lead Guest in respect of a booking of the Property, comprising:
1. The Reservation Deposit (a payment made to secure the accommodation for the Rental Period),
2. The Balancing Payment (the difference between the Rental Fees and the Reservation Deposit).
- “Rental Period” the rental period specified in the Booking Confirmation.
- “Start Date” the first day of the Rental Period.
- “Website” the website advertising the Property which is currently located at www.sibleysonscilly.co.uk.
BOOKING & PAYMENT OF RESERVATION DEPOSIT
- Bookings can only be made by a member of the occupying party who must be over 18 – the Lead Guest.
- The Lead Guest signing the Booking Form certifies that he/she is authorised to agree to the conditions of the booking on behalf of all persons included on the Booking Form including those substituted or added at a later date and it is the responsibility of the Lead Guest to ensure that all such persons are aware of these conditions. The signatory must be a member of the party occupying the Property.
- If several properties are being booked by one person that person must ensure that the relevant Booking Form is signed by a member of the party occupying the Property concerned or the booking will be deemed void.
- Bookings will only be accepted on the Agent’s official Booking Form accompanied by the Reservation Deposit and Booking Fee of £25 per week per property. Reservation Deposits are charged at 30% of the Rental Fee.
- If a booking is made less than 8 weeks before arrival the full Rental Fee is due at the time of booking.
- Deposits, Booking Fees and all balances paid subsequently are non-refundable unless the Booking is not accepted by the Agent or Owner. In the event of a booking not being accepted by the Agent or Owner, all monies paid will be refunded immediately.
- Cautionary Deposits: Many Owners request the Agent hold a Cautionary Deposit on their behalf. This is security against any damage or loss of contents; damage or loss of keys; excessive or incorrect use of Facilities; breach of Guests’ Obligations; costs incurred by extra cleaning or delayed entry. General wear and tear is allowed. The Agent will inform you of the amount to be paid depending on the Property, and the amount is fully refunded after departure provided the Property is left in an acceptable state.
- Once the Booking Form is received and accepted by the Agent, the Lead Guests are liable for payment of the Rental Fee balance eight weeks before the start of the Rental Period.
- Failure to pay the Balancing Payment within 7 days of the due date will be treated as a cancellation of the booking and the Agent may re-let the Property without reference to the Lead Guest who remains liable for the Balancing Payment. The “Cancellations” section below will apply. The Agent does not accept responsibility for sending Balancing Payment reminders.
- Payments to be made by cheque, debit card or bank transfer payable to Sibleys Island Homes. We do not currently accept Credit Cards or Business Debit Cards.
- The Rental Fee includes electricity, water, bed linen & towels, heating, WiFi (where available) and occupation of the Property subject to these Terms for the Rental Period.
- The Rental Period is confirmed to the Lead Guest in the Booking Confirmation.
- Beach towels are not included unless otherwise stated in writing from the Agent.
- Cots, highchairs, stair gates are additional and need to be hired at the time of submitting the Booking Form.
- Cots (including bedding) are charged at £15 per week. Stairgates and highchairs at £10 per week.
- Upon Confirmation of the booking the Lead Guest has entered into a legally binding agreement to pay for the cost of the accommodation in full. The Agent strongly advises the Lead Guest and all members of the occupying party to take out so far as may be available from insurers appropriate holiday insurance at the time of booking that covers all risks including but not limited to; cancellation, curtailment or delay to your holiday by reason of any Event Outside the Owners control; loss or damage to personal property, and; personal accident.
- Neither the Agent nor the Owner shall be liable or responsible for any loss or damage suffered by the Lead Guest or members of their party.
- In the event of Cancellation by the Lead Guest, we draw your attention to the fact that all sums paid at the date of such cancellation are non-refundable and will be retained.
- All cancellations must be advised by telephone, followed by written confirmation by the Lead Guest.
- Failure to pay the Balancing Payment within 7 days of the due date will be treated as a cancellation of the booking and the Agent may re-let the Property without reference to the Lead Guest who remains liable for the Balancing Payment. The Agent does not accept responsibility for sending final payment reminders.
- The Lead Guest remains liable for the full amount of the holiday Rental Fees including the Balancing Payment when due, if not already paid.
- Notwithstanding the above, if you have to cancel your booking The Agent will endeavour to secure another booking for the accommodation and if successful, will refund the monies paid less an administration fee of £50. For the avoidance of doubt, we will not be liable to make any refund to you if we are unable to secure a replacement booking.
- If a reduction in rental has to be made to secure a replacement booking, the Lead Guest will receive the respective pro-rata amount less the administration fee. If it is not possible to relet the Property, no monies will be refunded, and the entire Rental Fees will be due.
- The Agent will provide supporting documentation to the Lead Guest and/or persons listed on the Booking Form to enable an insurance claim, in a timely fashion.
- The Agent reserves the right to cancel any booking at any time, following a breach of the Guests’ obligations as set out in these terms.
UNAVAILABILITY OF PROPERTY:
- In the event the accommodation is unavailable due to Property-specific circumstances beyond our reasonable control, such as (but not limited to) flood, fire, explosion, infestation, structural failure or prior occupation, the Agent will endeavour to offer suitable alternative accommodation.
- If the Agent is unable to offer suitable alternative accommodation, a refund of the Rental Fees, less the Booking Fee will be made. Under no circumstances will the Agent or Owner be liable for any damages or other losses incurred by you as a result of the cancellation. For the avoidance of doubt this will not constitute a breach by the Agent or Owner of these Booking Terms and Conditions.
- In the event we are unable to provide the accommodation due to a non Property specific Event Outside the Owner’s Control, we will do our best to offer you an alternative stay at such later date as determined by us, though we are under no obligation to do so. If no alternative is available – or you decline the alternative offered – the booking will be cancelled by you, and no refund of any monies paid will be due. Under no circumstances will the Agent or Owner be liable for any damages or other losses incurred by you as a result of the cancellation. For the avoidance of doubt this will not constitute a breach by the Agent or Owner of these Booking Terms and Conditions.
- The Lead Guest agrees: To pay for any loss or damage to the Property, howsoever caused, reasonable wear and tear excluded. To take good care of the Property and leave it in a clean and tidy condition at the end of the tenancy. To permit the Owners and Agents reasonable access to the Property. Not to part with possession of the Property or share it except with members of the party shown on the Booking Form. Not to exceed the total number of people stipulated in the Property description. Babies & infants are counted as people and therefore must be included in the total. Not to cause any annoyance or become a nuisance to tenants or occupants of adjoining premises. To keep possession of keys of the Property and in the event that a key is lost pay £20 per key to the Owner immediately and on request.
- To report any damages or defects found within the Property. Whilst the Agent cannot accept any responsibility for any defects within the Property whatsoever, they will do their best to resolve any issues in a timely manner. However, Guests should be aware that given our island location the availability of replacement equipment and limited access to tradespersons may result in unavoidable delays.
- To notify the Agent of any complaints during their stay so that an on-the-spot investigation can be made on the Owner’s behalf. In no circumstances will compensation be made by the Owner for complaints raised after the End Date of the Rental Period.
- To allow the Agent, Owner or a representative (including workmen or housekeepers) necessary access at reasonable times of day to the Property in order to carry out inspection or repairs, and at any time in case of emergency.
- The Agent reserves the right to amend prices quoted due to errors, omissions, changes in the VAT rate or for any other reason whatsoever.
- The Agent makes every effort to ensure the accuracy of descriptions of properties but give no guarantees as to the state or condition of the Property. The Agent can accept no liability for inaccuracies nor can they accept any responsibility or be liable for any loss or damage resulting from information given or statements made. The Agent will not be liable for any neglect or default on the part of the Owner or any other person, nor of any accident, damage, loss, injury, expense or inconvenience whether to persons or property which Guests or any other person may suffer or occur arising out of or in any way connected with the letting, or resulting from any other cause whatsoever.
- Pets are not permitted in any of our properties with the acceptance of Assistance Dogs with prior written agreement. The Agent may request adequate documentation of the service status of the dog.
- All properties are strictly non smoking.
- All lettings commence at 13.30 hours (15:00 for some larger properties) on the Start Date of the Rental Period and end at 09.30 hours on the End Date of the Rental Period, unless otherwise notified. The Rental Period cannot be extended unless approval in writing is given by the Agents and the Lead Guest will be liable for any cost of whatsoever nature incurred because of the unauthorised extension.
DATA & PRIVACY
- To make a booking the Agent requires personal information such as your name, postal address, email address, telephone number and payment details. By booking with us you are deemed to have consented to use of personal information for these purposes. We will only hold and use your personal information in accordance with all applicable laws including the Data Protection Act of 1998 and The General Data Protection Regulations of 2016. We will never share your information with third parties, unless legally required to do so.
- All communications between the Agent and the Lead Guest are private and confidential.
SAVING FOR CERTAIN CLAIMS
- Nothing in these terms and conditions shall have effect to limit or exclude the liability of the Agent or the Owner for any injury, loss or damage the limitation of which is prohibited by law. In the event that part of any term or condition herein is found to be ineffective the remainder of such term or condition shall continue in full force and effect.
BREACH OF CONTRACT
- If there shall be a breach of any of these conditions the Owners or the Agent may re-enter the Property and terminate the letting without prejudice to the other rights and remedies of the Owner. The contract is deemed to have been made at the Agent’s Isles of Scilly office and the proper law of the contract is English.