Terms and Conditions
Terms and Conditions
In these terms and conditions the following definitions have the following meaning:
“Accommodation” shall mean the holiday accommodation specified on the Confirmation Invoice.
“Agreement” shall mean the agreement between August12th Ltd. and the Guest for the holiday rental of the Accommodation pursuant Art. 1.
“August12th Ltd.” shall mean the company August12th Ltd. (also trading under August12thCottages), established under the Laws of England and Wales and registered under number 07418901.
“Confirmation Invoice” shall mean the confirmation from August12th Ltd. in writing to the Guest confirming the booking and payment details.
“Guest” shall mean the person(s) named in the Confirmation Invoice that will be staying in the Accommodation.
“Terms and Conditions” shall mean these General Terms and Conditions.
“Utilities” shall mean Heating Oil, Electricity, and Water.
- The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation, construction or validity of the Agreement.
- Reference to the singular includes reference to the plural and vice versa. Reference to a gender includes references to all other genders.
- Unless the context otherwise requires, reference to “in writing” shall include communications by electronic means (e-mail).
- The making of a booking (unless cancelled within 48 hours of receipt of the Confirmation Invoice) will form an agreement based on these Terms and Conditions together with the Confirmation Invoice between the Guest and August12th Ltd. for the holiday rental of the Accommodation.
- This Agreement supersedes all other agreements, oral or written, previously entered into with respect to the subject matter contained in this Agreement and the transactions, which it contemplates, and it contains the entire agreement of the Parties.
- In the event of any conflict between these Terms and Conditions and the Confirmation Invoice, the terms of the Confirmation Invoice shall prevail. In the event of a booking via an agent and any conflict between these Terms and Conditions and such agent’s booking conditions these Terms and Conditions shall prevail.
- August12th Ltd. permits the Guest to occupy the Accommodation for the holiday period shown in the Confirmation Invoice together with the use of its contents, pursuant to these Terms and Conditions.
- The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party and shall make his or her party fully aware of these Terms and Conditions.
- The price for the Guest’s booking is confirmed on their Confirmation Invoice.
- The price includes all charges for Utilities, Internet and hire of linen and towels.
3.Booking and Payment Terms
- For bookings made 8 weeks or more in advance, the booking for a holiday will be effective when at least fifty percent (50%) of the price for the Guest’s booking has been received by August12th Ltd. on the bank account nominated on the Confirmation Invoice. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 calendar days.
- For bookings made for a holiday less than 8 weeks away, full payment must be made at the time of booking.
- Payment of the price shall be made in Pounds Sterling.
- All payments shall be by bank transfer only. All cost of such (international) bank transfer, if any, shall be borne by the Guest.
If a Guest wishes to cancel a booking, the Guest must give August12th Ltd. notice in writing as soon as possible. A 100% cancellation charge will be payable for cancellations received 8 weeks or less prior to due commencement of guests booked stay. A 50% cancellation fee will apply for cancelation received greater than 8 weeks prior to due commencement of guests booked stay.
On receipt of the written cancellation August12th Ltd. will reasonably endeavour to re-book the Accommodation for the cancelled holiday period and, if successful for the whole or part of such period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover administration cost.
5.Right to Refuse, Cancel or Alter
- August12th Ltd. may, at its sole discretion, refuse any booking.
- August12th Ltd. may cancel or alter arrangements made for the Guest whether before or during the holiday period provided that such cancellation or alteration is necessary:
(a) due to circumstances beyond the reasonable control of August12th Ltd.; or
(b) to perform or complete essential remedial or refurbishment works.
- If a booking is altered or cancelled by August12th Ltd. for the reasons stated above in Art. 5.2, it will return to the Guest the relevant proportion of the money paid by the Guest to August12th Ltd. in respect of the Accommodation but August12th Ltd. will not otherwise be liable for any loss caused by such alteration or cancellation.
6.Transfer or Change of a Booking by the Guest
A transfer of the booking from the Guest to a third party or a change from one date to another is not permitted, unless agreed in writing prior to such transfer or change.
7.Maximum Numbers of guests
- Occupation of the Accommodation must be limited to the maximum number of persons for the Accommodation stated on the Confirmation Invoice in the available beds only. A travel cot is permitted in the Accommodation, however, the Guest shall notify August12th Ltd. hereof, prior to or at the time of the booking.
- No tents, caravans or campervans are allowed. 7.3 Over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage or for excessive use of utilities caused by excess usage.
8.Liability and Loss of Guest’s Property
- Any Guest’s property found at the Accommodation will be treated as lost property. Lost property will normally be disposed of if it is not collected within 1 month, unless otherwise agreed.
- August12th Ltd. will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
- unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
- where such loss or damage is not a reasonably foreseeable result of any such breach; or
- where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, August12th Ltd.
- Two (2) well trained, well behaved dogs are permitted if such is agreed at the time of the booking, on condition that the dog(s) are not allowed upstairs, on the furniture, and especially the beds, nor left unattended in the Accommodation. At August12th Ltd’s discretion a charge of £25 per dog week may be levied.
- At August12th Ltd’s discretion additional pets may be allowed if agreed to in writing by August12th Ltd at the time of booking.
- No other pets can be accepted in the Accommodation.
10. Right of Entry
- As with any accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. August12th Ltd. and its contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
- August12th Ltd. will give the Guest reasonable notice of such requirements, and wherever possible aims to restrict the working hours of its contractors to between the hours of 9.00 – 18:00, unless it is an emergency.
- The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party. The Guest agrees to make his or her party aware of these terms and conditions.
- The Guest agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
- The Guest must allow August12th Ltd. and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
- The Guest must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to August12th Ltd. or to any neighbours.
- The Guest and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Guest has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
- Smoking is not permitted in any part of the Accommodation and the Guest and any member of his or her party agrees not to smoke inside the Accommodation.
- The use of candles or fireworks by the Guest or his or her party at the Accommodation is not permitted. Use of disposable barbeques is not permitted at any time. Use of the Accommodation’s barbeque is permitted outside.
- August12th Ltd. recommends that the Guest holds personal insurance for accidental damage and personal liability.
If on arrival at the Accommodation the Guest discovers that anything is missing or damaged then this must be reported to August12th Ltd. immediately otherwise it will be presumed that the damage/loss was caused by the Guest and a charge may be made.
- The Guest will be responsible for full payment on request of any charges, costs and/or losses incurred for any additional cleaning, breakages and/or damage caused.
August12th Ltd. cannot accept responsibility for a shortage of supply of any of the Utilities at the Accommodation where this is as a result of a drought, an act or omission of the relevant utility company or for any other reason outside of August12th Ltd.’s reasonable control.
- Every reasonable care will be taken to ensure that the Accommodation is presented to Guests to a high standard. Should the Guest find on arrival that there is a problem, or cause for complaint, the Guest should immediately contact August12th Ltd. Reasonable steps will then be taken to assist the Guest.
- August12th Ltd. is committed to ensuring that any problems or complaints the Guest may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify August12th Ltd. or refusal of reasonable rectification may affect the Guest”s right to compensation or repayment.
- Guests must provide a contact telephone number and suitable time for August12th Ltd. to communicate with them about problems or complaints. Guests must allow access to the Accommodation by any staff or contractors of August12th Ltd. to resolve problems or complaints.
- Guests must formally confirm any unresolved complaint in writing and signed for within 28 days of return from holiday, addressed to: August12th Ltd., 61 Antrobus Road, London W45 5HZ.
15.Arrival and Departure Times
- The Guest and his or her party must arrive after the arrival time of 15:00 hrs on the first day of the holiday period, but before 18:00 hrs if a meet and greet is agreed. Departure time is 10:00 hrs on the last day. Any stay that extends over this period may be subject to a charge being made for additional days.
- The Guest will be issued with two (2) sets of keys to the Accommodation on the first day of the holiday period and the Guest must return them on the date of departure. Failure to do so will incur the cost of a replacement set(s) or lock(s).
16. Rural way of life
The Accommodation is located in small hamlet in a rural area and any action by the Guest and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land, will constitute a breach of the Agreement by the Guest.
17. Right to Evict
August12th Ltd. may terminate the Agreement on notice, and in such case the Guest and his or her party must leave the Accommodation, (without compensation being payable to the Guest or any member of his or her party) if:
- this is deemed necessary by August12th Ltd. where there is a serious breach by the Guest of the Agreement or the Guest’s or his or her party’s behaviour endangers the neighbours or local inhabitants; or
- any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts. Legal Venue will be in London
Last updated: Sunday, May 20, 2018 12:00 AM
Some key terms are defined as follows, and throughout this document:
- August12th Ltd ("August 12th Cottages", "www.august12thcottages.co.uk", "we", "us", or "our") is the company that collects and processes Personal Data for the purposes described in this Policy.
- SCRUMPY Ltd ("SCRUMPY") is the company that we use for hosting our website, booking system & CRM (+ other functionality).
- Our Services are detailed in the 'About August12th Ltd' section.
- Personal Data is any information relating to an identified or identifiable natural person ("Data Subject")
The way in which we store data, process data and run our business is done in a GDPR compliant manner. Upon request we can provide details of data flow, a data inventory, a data breach policy, an employee dismissal log, details on the employee security training we have in place and more. Please follow the instructions in the contact section below to request any information not present in this policy.
In short, we only gather Personal Data we need, we only keep it for as long as is needed, we only use it for what we state below, you can request to correct/edit/remove it, we store it securely, we do not pass it to third parties unless otherwise stated and we aim to be transparent with how we use Personal Data.
About August12th Ltd
August12th Ltd is a vacation rental business. We advertise vacation rental properties, take enquiries about these properties, take bookings at properties, take payments towards bookings and provide other booking related services.
August12th Ltd uses SCRUMPY, an online website management & booking system to produce our website, keep track of bookings, enquiries, payments and more.
August12th Ltd is committed to the protection of Personal Data, including data that we use for our own purposes, and that we maintain on behalf of any property owners we may work with.
Collection and Use of Personal Data
August12th Ltd collects information, including Personal Data, for the following purposes:
- Improving our website's content and user experience
- Internal business purposes
- Facilitating and storing the details of online & offline bookings/payments
Your consent to this policy (where requested) is tracked.
This Policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable individual (Data Subject).
The services of August12th Ltd are not directed to children under 16. If you learn that a child under 16 has provided us with Personal Data without consent, please contact us.
The use of our website by an individual classes them as a 'legitimate interest', visiting the site is enough to identify this, data associated with an individual's visit needs to be processed for efficient site operation. Any data collected will be used in a conservative way to help maintain the individual's rights & freedoms.
Improving our website's content and user experience
In the course of providing the website hosting services, SCRUMPY may receive, access, analyse, process and maintain Personal Data on behalf of us.
We determine the types of Personal Data that will be collected and used within SCRUMPY, how it will be used and disclosed, and how long it will be stored. For any questions relating to how your Personal Data is used by SCRUMPY which are not covered in this policy, please contact SCRUMPY directly via email: email@example.com.
SCRUMPY's Usage Information is collected, including information about how you are accessing and using our site. SCRUMPY directly uses information to understand and improve their services and exposes it to us so that we able to do the same for our business. Usage information may also be used to investigate and prevent security issues, abuse and fraud.
Internal Business Purposes
We may collect personal data from you through our Website (www.august12thcottages.co.uk), social media, over the phone, and other channels for the following purposes:
Responding to your enquiries: When you contact us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and offerings.
Informing you about offerings: We may use your contact information for our own marketing or advertising purposes. We do not sell or rent your Personal Data to third parties. You can opt out of these at any time by following the steps outlined below.
To Understand and Improve our Services and Website Service Usage Information is collected, including information about how you are accessing and using the Service. We use this information to understand and improve our Services, and to investigate and prevent security issues, abuse, fraud.
Facilitating and storing the details of online & offline bookings/payments
We collect Personal Data via our online booking form, over the telephone or via other channels to be able to store a record of who has (attempted to, confirmed, cancelled, etc) booked a property we may be or have been advertising.
Third Party Links
Third Party Tools/Services
We use a number of third party tools & services (sub-processors) that Personal Data may be sent to, including:
- Google Analytics: To help us gain an insight into the performance and usage of our website.
- FullStory: To help improve the user experience of our website by recording a sample of user sessions.
We have different timeframes on various elements of Personal Data that we hold dependent on its purpose. Once we no longer need to retain your Personal Data, we will make sure that it is deleted or anonymised.
We retain Personal Data provided for bookings indefinitely as these records form important financial evidence for tax purposes. We can at request de-personalise booking data, we may not be able to do this if we still need said Personal Data for tax or other legal purposes.
Disclosure of your Personal Data
As a matter of practice, August12th Ltd does not disclose, trade, rent, sell or otherwise transfer Personal Data, except as set out in this policy.
We may transfer or disclose Personal Data as follows:
Service Provider Arrangements
We may transfer (or otherwise make available) Personal Data to third parties who process it on our behalf for the purposes noted above. These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only.
As of the date hereof, these third party providers include technical operations such as database monitoring, data storage, hosting services and customer support software tools.
Changes to our Business Structure
August12th Ltd may share or disclose data if we engage in a merger, acquisition, bankruptcy, dissolution, reorganisation, sale of some or all of August12th Ltd's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
Compliance with Laws
August12th Ltd and the providers we use may share or disclose Personal Data to comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.
Enforcing Our Rights, Preventing Fraud, and Safety
August12th Ltd may share or disclose data to protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigation and preventing fraud.
In short, the personal data you provide to us can be provided upon access, we protect it to the best of our ability, we can amend it for you upon request and remove it from our systems upon request.
If you have any complaints, concerns or queries about how we manage Personal Data, please contact us by emailing firstname.lastname@example.org. If you are in the European Union you have the right to complain to your local Data Protection Authority about the collection and use of your Personal Data.
Access and Correction of Personal Data
If we receive a request from an individual to access or update Personal Data we have collected we will endevour to respond to said request.
If you submit Personal Data via our Website or otherwise provide us with your Personal Data, you may request access, updating or correction and removal of your Personal Data by submitting a request to us via our contact form. We may request certain Personal Data for the purposes of verifying your identity.
How We Protect Personal Data
August12th Ltd takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorised access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.
To learn more about current practices and policies regarding security and confidentiality of Personal Data and other information, please see the Security Practices section; we keep that section updated as these practices evolve over time.
As a business both we and the third parties we trust, follow good security practices to help keep Personal Data secure.
August12th Ltd uses SCRUMPY, SCRUMPY is hosted on Amazon Web Services. As such, August12th Ltd inherits the control environment which Amazon maintains. In short web servers and databases run on servers in secure data centers.
SCRUMPY encrypts all customer data input via the website & booking management system both in transit and at rest. Communications between you and SCRUMPY (our website) are encrypted via HTTPS and Transport Layer Security (TLS) industry best-practices.
Access to Personal Data is limited via a user management system controlled within SCRUMPY. We ensure that anyone with access to Personal Data at August12th Ltd has an awareness of GDPR & good security practices.
In the event of a Personal Data breach we will endevour to notify the relevant legal authorities and inform the effected individuals within 72 hours of identifying said breach. If you believe you have discovered a personal data breach please contact us using the details below immediately.
Please contact us if:
- you wish to access, remove, update, and/or correct inaccuracies in your Personal Data; or
- you otherwise have a question or complaint about the manner in which we or our service providers treat your Personal Data.
The Avalon Atlantic Road Tintagel Cornwall PL34 0DD
Registered Company: 07418901
Registered Office: The Avalon Atlantic Road Tintagel Cornwall PL34 0DD