TY MERLYN
TY MERLYN BOOKING CONDITIONS
Please read the following information as it is important to your stay. You
must agree to the following booking conditions at the time of booking
your holiday with us.
a. We are TY MERLYN ("We", "us" and & "our") of TY MERLYN. In these
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 transferred.
b. We advertise our property online and on the website. We act as our
own marketing and booking agent.
Accuracy of information
I endeavour to ensure the accuracy of all the information and prices in
our advertising material. However, occasionally changes and errors do
arise and we reserve the right to correct them in such circumstances.
You must check the current price and all other information relating to the
arrangements that you wish to book before your booking is confirmed.
We will not be liable for booking errors which are attributable to you or
which are caused by unavoidable and extraordinary circumstances as
defined in clause 9.
1. Our agreement
These conditions together with any other written information we brought
to your attention before we confirmed your booking, form the basis of
your contract with us. Please read them carefully as they set out our
respective rights and obligations. By making a booking, you agree to be
bound by all of them.
Our agreement becomes binding when we issue a confirmation. Please
check all details on the confirmation (or any other document issued)
immediately on receipt. It may not be possible to make changes to your
arrangements later so you should notify us of any inaccuracies in any
documentation within ten days of our sending it out. It may harm your
rights if you don’t.
2. Payment
You must make payment in line with the instructions we give you.
A 25% deposit must be made at the time of booking to secure your
chosen dates. If the date of your holiday falls within the coming six
weeks, full payment must be made at the time of booking. All deposits
are non-refundable. Full holiday payment must be made before six
weeks of your arrival date. All stays, no matter the duration, are subject
to a £200 damages deposit which must be made at the time of full
holiday payment. The damages deposit is returned to you as soon as
practicable after your stay, subject to the house being left in good
condition.
If we do not receive any payment due in full and on time, we reserve the
right to treat your booking as cancelled by you in which case the
cancellation charges set out in clause 7 below will become payable.
3. Insurance
It is a condition of our agreement that you are covered by adequate
travel insurance for your arrangements. Such insurance as a minimum
must cover your losses sustained as a result of cancellation, medical
issues, and repatriation in the event of accident or illness. Your travel
insurance should also include cover against any COVID-19 issues or
incidents which may affect your booking. If you choose to travel without
adequate insurance cover, we will not be liable for any of your losses
howsoever arising, in respect of which insurance cover would otherwise
have been available.
4. Special requests
Special requests relating to your arrangements must be advised to us at
the time of booking and confirmed to us in writing. Whilst we will try to
meet or arrange your reasonable special requests, we cannot guarantee
that they will be fulfilled. If we are able to specifically confirm a special
request or requirement, we will do so on our confirmation but where
requests or requirements have not been so confirmed in writing on our
confirmation, a failure to meet them will not be a breach of contract on
our part.
5. Disabilities and medical problems
COVID 19
You acknowledge that you are choosing to book accommodation at a
time where you may be exposed to the COVID-19 virus. You also
acknowledge that you must comply with all advice and guidance issued
by relevant governments and health authorities. It is your own
responsibility to acquaint yourself with all relevant travel information,
including applicable health risks. We both agree that you are making
your booking in full knowledge that such measures are likely to be a part
of your activity and do not amount to significant changes to your
booking.
We shall have no liability to you for any refunds, compensation, losses,
costs, expenses or damages you incur in connection with the matters
described above or if you are unable to make use of all or part of your
booking because of these matters. These are risks which you must
protect through obtaining comprehensive travel insurance.
Other health and disability terms
If you or any member of your party has any precise medical problem or
disability which may affect your chosen arrangements, please provide us
with full details before the confirmation is issued, if possible. Acting
reasonably, if we are unable to properly accommodate your needs, we
will refund your booking. If you did not give us full details at the time of
booking, we will treat it as cancelled by you when we become aware of
these details.
6. The price you pay
The price of your confirmed arrangements is subject to variations based
on the final group size, and change requests. We will confirm price
amendments when you contact us to amend group numbers. Price
changes may also occur solely as a direct consequence of changes in
the level of taxes or fees on your confirmed arrangements imposed by
third parties.
a) Changes and cancellations by you
If you wish to change or cancel your booking you should advise us as
soon as reasonably practicable by telephone and follow this with
confirmation in writing. The day of receipt of the written confirmation is
the day that is deemed as the date of cancellation. In the event of a
cancellation, we may (but without any obligation to you) attempt to re-let
the accommodation and if a replacement letting is obtained for your
booked full stay, we may refund you any monies paid above the deposit
less any handling charge. If we are unable to re-let the accommodation,
we will retain the cancellation charges detailed below. You are advised
to obtain travel insurance to cover any unforeseen circumstances – see
clause 3.
We can’t guarantee that changes can be met, although we will do our
best to assist. Since we incur costs in changing your arrangements, all
such changes will be subject to the charges below. Where we are
unable to assist with making a requested change and you do not wish to
proceed with the original booking, we will treat this as a cancellation by
you.
b) Charges in the event of a cancellation or change
In the event of a cancellation, you will have to pay the applicable
cancellation charges up to the maximum shown below (The cancellation
charge detailed is calculated on the basis of the total cost payable by the
person(s) cancelling and amendment charges which are not refundable
in the event of the person(s) to whom they apply cancelling):-
Any cancellations made from time of booking up to 6 weeks before
arrival, the deposit paid will be non-refundable unless there is a
replacement booking.
Any cancellations made from 6 weeks before arrival up to the holiday
start date, will be charged at 100% of the total cost.
If the reason for your cancellation is covered under the terms of your
insurance policy, you may be able to reclaim these charges. We will
deduct the cancellation charge(s) from any monies you have already
paid to us.
In the event we can meet your requested change, you will have to pay
£50 as well as any of our extra costs incurred.
7. Changes and cancellation by us
If we have to make a significant change or cancel your accommodation
before arrival, we will inform you without undue delay and if there is time
to do so before departure, we will offer you the choice of the following
options:-
i (for significant changes) agreeing to the changed arrangements,
ii accepting the cancellation or terminating the contract for the
arrangements and receiving a refund (without undue delay) of all monies
paid; or
iii accepting an offer of alternative arrangements (dates) of comparable
standard from us, if available.
(In the event that any proposed change or alternative offered results in a
reduction or increase in the price you have agreed to pay or an increase
or decrease in the quality of arrangements we have agreed to provide,
we will also notify you of any price reduction or additional amount due).
The above sets out the maximum extent of our liability for changes
and cancellations and we regret we cannot meet any other
expenses or losses you may incur as a result of any change or
cancellation.
8. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we
will not be liable or pay you a price reduction or compensation if our
contractual obligations to you are affected by unavoidable and
extraordinary circumstances beyond our control which we could not
avoid even if all reasonable measures had been taken. These events
can include, but are not limited to war, threat of war, civil strife, terrorist
activity and its consequences or the threat of such activity, riot,
pandemic or the continuing effects thereof, the act of any government or
other national or local authority, industrial dispute, natural or nuclear
disaster, fire, chemical or biological disaster and adverse weather
conditions and all similar events outside our control.
9. Complaints
If you experience difficulty during your stay, please inform us without
undue delay so that we can take steps to assist you or put things right.
You should also contact us by email/phone.
EMMA DUFFY TEL 07961748911
tymerlyn@hotmail.com
alternative:
TERRY WALLACE
07708943080
If your complaint remains unresolved and you wish to complain further,
please send formal written notice of your complaint to us to the address
above within 28 days of the end of your arrangements, giving your
booking reference and all other relevant information. Failure to follow the
procedure set out in this clause may affect our ability to investigate your
complaint, and could affect your rights under our agreement.
10. Your behaviour
If in our reasonable belief or opinion or in the reasonable belief or
opinion of any person in authority, your behaviour is jeopardising the
safety of people or property; or is causing or is likely to cause distress,
danger, damage or annoyance to any third party or property, we reserve
the right to terminate your arrangements immediately. In the event of
such termination our responsibilities to you will cease and you will be
required to leave your accommodation or other activity immediately. We
will have no further obligations to you and will not meet any expenses,
costs or losses incurred as a result. You may also be required to pay for
loss and/or damage caused by your actions directly prior to departure. If
you fail to do so, you will be responsible for meeting any claims and
costs subsequently made against us as a result.
11. Our Responsibility
We make every reasonable effort to indicate possible safety hazards in
our property description. It is however your responsibility (particularly
parents and anyone with physical restrictions) to inspect the property
and grounds immediately upon arrival and note any possible hazards.
Please remember that our property is not built to modern standards so
may contain potential hazards which should be noted by you. You must
upon arrival check the layout of the property so that you have a planned
route to exit the property as easily as possible in the event of an
emergency. Our property is located within the Pembrokeshire National
Park which can hold its own hazards such as barbed wire in fencing and
animals in fields. Please note that regular country smells and noises will
not be classed as cause for complaint.
We will use reasonable skill and care in providing the accommodation
under this agreement. You must prove that we have breached that duty
and damage to you has been caused in order to make a claim against
us. Please note in relation to all bookings:
· It is your responsibility to show that we have been negligent if you wish
to make a claim against us.
· It is a condition of our acceptance of the responsibility above that you
inform us without undue delay of any lack of conformity you perceive;
and allow us a reasonable period in which to remedy it.
In these terms and conditions, our responsibilities are limited; and our
duty to pay compensation is limited and excluded as follows:-
We will not be responsible, make a price reduction or pay you
compensation for any lack of conformity, injury, illness, death, loss,
damage, expense, cost or other claim of any description if it results
from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the
provision of your arrangements and which were unforeseeable or
unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 8.
We will not be responsible, make a price reduction or pay
compensation:-
a) for services or facilities which do not form part of our agreement or
where they are not advertised by us.
b) for any damage, loss or expense or other sum(s) of any description
which on the basis of the information given to us by you concerning your
arrangements prior to them being confirmed, we could not have
foreseen you would suffer or incur if we breached our contract with you;
or that relate to any business.
Any price reduction or compensation that is payable will be calculated
taking into consideration all relevant factors for example (but not limited
to):-
(a) whether or not you have followed the complaints and notifications
procedure as described in these conditions. It is a condition of our
acceptance of liability under this clause that you notify any claim to
ourselves and our supplier(s) strictly in accordance with the complaints
procedure set out in these conditions.
(b) the extent to which our negligence affected the overall enjoyment of
your arrangements.
(Please also note that where any payment is made, the person(s)
receiving it (and their parent or guardian if under 18 years) must also
assign to ourselves or our insurers any rights they may have to pursue
any third party and must provide ourselves and our insurers with all
assistance we may reasonably require.)
Luggage or personal possessions and money
We do not take any responsibility in respect of any claim for loss of
and/or damage to any luggage or personal possessions or money
because you are assumed to have adequate insurance in place to cover
any losses of this kind.
Any other claims which don’t involve injury, illness, death or damage
caused by us or our suppliers intentionally or negligently; or other liability
that can’t be limited by law
The maximum amount we will have to pay you in respect of all such
claims is three times (twice in the case of arrangements which aren’t
packages) the price paid by or on behalf of the person(s) affected in
total. This maximum amount will only be payable where everything has
gone wrong and you or your party has not received any benefit at all
from your arrangements.
12. Your obligations
You agree to the following:
a) To notify us and pay before departure for any breakages, losses or
damage caused by you to the property or its facilities.
b) To take all reasonable and proper care of the property and leave it in
a clean and tidy condition at the end of your holiday. You will be
responsible for any additional cleaning costs.
c) To inform us of any problems with the facilities or services as soon as
they become apparent.
d) To permit us reasonable access to the property to carry out urgent
maintenance.
e) Not to sublet or share the property except with the persons included
at the booking or subsequently included by agreement. The maximum
number of persons allowed at the property is clearly stated and must not
be exceeded. We reserve the right to terminate hire without notice and
without refund where this condition is breached.
f) Not to do or omit to do something which may be or become a nuisance
to neighbouring properties.
13. Pets
Where pets are allowed at the property the charge will be specified on
the booking confirmation and you agree to the following:
a) Pets must not, at any time, be left alone at or in the property.
b) Only the number and type of pets agreed to on the booking
confirmation will be allowed.
c) Pets must not under any circumstances be allowed on any soft
furnishings or in the bedrooms.
d) Pets must have their own beds or equivalent to protect floor coverings
at all times.
e) Pets must not cause any annoyance in any way to occupants of
adjoining properties or the general public.
f) You must never allow pets to defecate in areas where children may
play. Failure to clean up after pets will be heavily surcharged.
14. Jurisdiction and applicable law
This contract and all matters arising out of it are governed by English
law. We both agree that any dispute, claim or other matter which arises
out of or in connection with this contract will be dealt with by the Courts
of England and Wales only. You may however, choose the law and
jurisdiction of Scotland or Northern Ireland if you live there and wish to
do so.