These Agency Booking Conditions (the “Agency Bookings Conditions”), together with our Privacy Policy and, where your itinerary is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with West Wales Holiday Cottages Ltd., a company registered in Wales with company number 12099176 and registered office Llys Deri, Parc Pensarn, Carmarthen, United Kingdom, SA31 2NF. In these Agency Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Except where otherwise specified, we act only as agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase (“Arrangements”) or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any arrangements. For all Arrangements, your contract will be with the supplier of the arrangements in question (the “Owner”).
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
a. he/she has read these Agency Booking Conditions and has the authority to and does agree to be bound by them;
b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities).
c. he/she is over 18 years of age, and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
e. he/she accepts that Arrangement(s) are not to be used for parties (including but not limited to stag and hen parties) unless prearranged with the Owner and who may require an additional damage deposit to be paid in such situation.
1. The Contract
When making your booking we will arrange for you to enter into a contract with the applicable Owner (e.g. relevant cottage Owner) of the Arrangements, as specified on your confirmation invoice sent to your email. As the agent we accept no responsibility for the acts or omissions of the Owner or for the services provided by them. Your booking with us is subject to these Agency Booking Conditions and the specific terms and conditions of the relevant Owner(s) you contract with and you are advised to read both carefully prior to booking. The Owner’s booking conditions may limit and/or exclude the Owner’s liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Owner will exist when we send you confirmation to your email on their behalf.
Diamond/Diamond Plus Owner Bookings: If you have booked with a diamond or diamond plus owner, we will carry our pre-arrival administration on behalf of the Owner. It is your responsibility to check your emails regularly and to advise of any change to your email address. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. As we act only as a booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
2. Accuracy
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately and ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Owner of your Arrangements or other persons necessary for the provision of your Arrangements.
3. Payment
In order to book your chosen Arrangements, you must pay an immediate deposit as required and set by the Owner of the Arrangements.
You must pay the full balance by the balance due date notified to you through our website and booking confirmation email. If full payment is not received by the balance due date, we will notify the Owner who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the Owner concerned, all monies you pay to us for Arrangements will be held on behalf of the Owner and forwarded on to the Owner in accordance with our agreement with the Owner.
Both the deposit payment and balance payment must be paid through our online payments system.
Card Payments: We provide a payment facility, enabling you to make payment via us (as agent of the Owner) to an Owner via credit card or debit card. We may change or withdraw such facility at any time in our sole discretion. Any payments taken by us are taken as agent on behalf of the Owner at all times.
Although we may provide the platform to enable such payments, we are not responsible for the payment solutions themselves and we are not a party to the contract between you and the Owner. We are not responsible for any decision taken by a provider to decline your payment.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our payment platform to make payments to Owners, in particular any claims from Owners or payment solution providers resulting from your actions or omissions.
The Owner of the property you have booked may have additional payment conditions. Please see the Owner’s terms.
VAT: There is no extra charge for VAT on the price of the cottage. Where it is payable on the rental price, this is included in the quoted weekly rent advertised.
4. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Arrangements at the time of booking.
5. Insurance
Many Owners require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information will affect your insurance.
6. Special Requests
Any special requests must be advised to us at the time of booking e.g. access, check-in/check-out times or a particular facility at a cottage. We will pass on all such requests to the Owner, but we can’t guarantee that they will be met and we will have no liability to you if they are not.
7. Arrangement(s) Descriptions on Website
The information and photography on our website is authorised by the Owner. The information is given in good faith but we make no warranties as to the information provided. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, except where any such information has arisen out of our negligence. We cannot accept responsibility for any changes or closures to facilities at or for the Arrangements or to local services or attractions.
8. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Owner in question and are intended to present a general idea of the services provided by the Owner. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Arrangements or any other services please contact us.
9. Changes and Cancellations by You
Any cancellation or amendment request must be sent to the owner with a copy to West Wales Holiday Cottages in writing, by email. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Owner will meet such requests. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Owner of your Arrangements.
The Owner may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure).
Please note in the event of a change or cancellation of your Arrangements, the terms of the commission agreement between us and the Owner remain unaffected. The Owner remains obliged to pay us our commission, and we have no obligation to repay that commission, either to you or the Owner. In advertising the Arrangements, sourcing customers, making your booking and carrying out customer care on behalf of the Owner, we have fulfilled our obligations to the Owner under that contract and so are entitled to be paid for the service provided.
10. Changes and Cancellations by the Owner
We will inform you as soon as reasonably possible if the Owner needs to make a significant change to your confirmed travel arrangements or to cancel them. If the Owner offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Owner is entitled to assume you wish to receive a full refund. We will also liaise between you and the Owner in relation to any alternative arrangements offered by the Owner but we accept no liability for any changes or cancellations made to your arrangements by the Owner under your contract with them.
11. Events Beyond Our Control or the Owner’s Control
Except where otherwise expressly stated in these Agency Booking Conditions we and the Owner, will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Agency Booking Conditions, Events Beyond Our Control means any event beyond our, the Owner or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including but not limited to Covid-19 or future strains of Covid-19 and the ongoing effects of Covid-19), epidemic, pandemic or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside of our/owner(s) concerned’s control.
12. Your Behaviour
All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the opinion of the Owner, property owner, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Owner reserve the right to terminate your booking immediately.
In the event of such termination our liability and the Owner’s to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Owner will have any further obligations to you and/or your party. No refunds for lost accommodation or any other part of your Arrangements booked through us will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the Owner or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Owner can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
13. Our Responsibility for your Booking
Your contract is with the Owner and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
14. Complaints
Because the contract for your Arrangements is between you and the Owner, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements whilst using them, this must be reported to the Owner immediately. If you fail to follow this procedure there will be less opportunity for the Owner to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the Owner. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly and immediately in writing, within 7 days upon your return. If we are not notified as instructed here, we cannot act on any complaints and the amount of compensation you may be entitled to could be reduced or extinguished as a result.
15. Foreign Commonwealth and Development Office Advice
You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Events Beyond Our Control (see condition 11).
16. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).