Booking Terms & Conditions
1. DEFINITIONS
When the following words with capital letters are used in these Terms, this is what they will mean:
Arrival Date | the date and time on which your Booking will begin and the Property will be made available to you. |
Balance Due Date | 8 weeks before your Arrival Date. |
Booking | the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date. |
Booking Confirmation | the written acceptance from us of the Booking Reservation which may include more information such as details around arrival and departure, directions, House Rules, EV Policy etc. |
Booking Deposit | 33% of the Booking Price required when making your Booking Reservation. |
Booking Price | as confirmed in the Booking Confirmation. |
Booking Reservation | your request to book a Property. |
Business Day | a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. |
Cancellation Fee | a fee charged in accordance with clause 7. |
Contact Details | the details found on the Contact Us page of our Website and which will be set out in all communication between us and you when in written form. |
Departure Date | the date and time on which your Booking will end and you must vacate the Property. |
Electric Vehicle Policy | our policy for electric vehicle charging as made available on our Website. |
Events Outside of the Parties Control | as defined in clause 9. |
Group | the named individuals attending the Property subject to these Terms. |
House Rules | a separate document provided to you at the time of the Booking Confirmation and therewith forming our contract. |
Permitted Pets | any animal attending the Property (other than assistance animals). |
Property | the property provided for holiday letting purposes, details of which have been made available on the Website and includes the outside spaces belonging to the Property. |
Security Deposit | a pre-authorised fee of £5000 taken prior to the Arrival Date and held throughout the duration of the Booking in case damage is caused to the Property. |
Terms | the terms and conditions on which your Booking is supplied to you (also referred to as Booking Terms), being this agreement and any other documentation referred to in this agreement which constitute our overall contract. |
Website | www.highercrosspark.com together with other websites which may be used by us from time to time. |
We/our/us | HXP Management Ltd. |
You/your | the individual who makes the Booking Reservation, who must be over the age of 18. |
When we use the words “writing” or “written” in these Terms, this includes email but does not include facsimile or any messaging service or platform.
Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
If any of these Terms conflict with any term contained within the Booking Confirmation, these Terms will take priority.
2. OUR CONTRACT WITH YOU
Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) are complete and accurate before you submit the Booking Reservation.
These Terms will become binding between us once we issue you with the Booking Confirmation.
Your Booking shall only be deemed as accepted:
- Once we issue a Booking Confirmation;
- Confirmation that You are over the age of 18 (of which HXP Management Ltd reserve the right to ask You and any members of your party for certified photographic ID)
- your Booking Deposit has been received or if booked less than 8 weeks before the Arrival Date, payment of the full Balance;
The maximum number of people who can stay in the Property under the terms of the Booking will be confirmed in the Booking Confirmation.
At the time of booking, you must provide a list of occupants in your party which must include names, addresses and age of each person. Should this list change prior to the Arrival Date, you must inform Us immediately and this must be no less than 7 days before the check-in date. We may withhold consent to change if We believe, in Our reasonable opinion, the change is materially detrimental to Us.
If during the Rental Period the persons occupying the property varies from the list provided by You, and We have not consented to the change, HXP Management Ltd may by written notice to You, immediately terminate the contract without liability and gain access to the property.
You agree not to arrive at the Property before the Arrival Date and to depart from the Property no later than the Departure Date. The Property will not be available at any time outside of the times reserved by you as set out in the Booking Confirmation and you may be charged if you do not leave by the agreed time on the agreed Departure Date.
All illustrations, photographs and other imagery displayed are for illustrative purposes only and décor and layout are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
As lead for the Group, you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.
Save where refusal would be unlawful, HXP Management Ltd has the right to refuse any Booking without reason.
Should HXP Management Ltd refuse your booking, any monies paid by You will be returned within 5 Business Days and (save where refusal would be unlawful) will not have any responsibility of liability to You.
Stag and Hen parties are not accepted.
The Property is provided for holiday letting purposes only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any:
- a tenancy;
- the right to sub-let the Property in part or in whole;
- an assured shorthold or tenancy (AST); or
- any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.
- Any disputes or queries with respect to these Conditions, or any other matter, will be dealt with by You as the party leader.
3. ENJOYING THE PROPERTY
It is your sole responsibility to ensure that the Property is suitable for you and your Group’s needs ahead of making your Booking Reservation.
Access to the Property is subject to adherence to these Terms and House Rules, which are contained in a separate document and form part of these Terms.
Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage, guidance on use, safety or operational instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.
During your Booking at the Property, you shall take proper care of the Property and its contents during your Booking. You may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which they are found at your Arrival Date. You shall report to us any damage, destruction, loss, defect, or disrepair affecting the Property as soon as it comes to your attention, to allow us to investigate and take steps to rectify where deemed necessary.
If damage occurs to the Property as a result of the actions of Guests during the stay, where the extent of that damage is so severe that the Owner must (in their sole opinion) cancel and/or refund subsequent bookings or reduces the services offered to subsequent guests, HXP Management Ltd may bring a claim against you for any loss arising as a result, including the cost of refunding other guests affected by cancelled Bookings, compensation for reduced services and any additional administrative fees incurred in respect of the same.
Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity.
We cannot be held responsible for Third Party breakdowns, malfunctions or cuts of utility services such as electricity, water, telcos, although every attempt will be made to remedy the problem should it occur.
Any recommendations for third party services, establishments and amenities made by us are our personal recommendations only and do not guarantee any level of service or quality.
Guests must not do anything that may be reasonably considered as a nuisance or an annoyance to tenants or occupants of adjoining premises. If We are called out due to a complaint, a minimum charge of £250 plus £25 per hour will be deducted from Security Deposit.
We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property.
We, or an authorised representative acting on our behalf (including but not limited to tradespeople), reserve the right to enter the Property at any time for the purpose of inspection or to carry out any repair deemed necessary to the Property or its contents.
All belongings and vehicles are left at the Property at your own risk. Please ensure all of your belongings are removed by the Departure Date as the return of any of your lost property cannot be guaranteed and may incur charges to post to you.
There is no electric vehicle charging facility at the Property. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the Property (indoors or anywhere on the Property). Information regarding the nearest public charging points will be made available where possible.
Smoking inside the property is not permitted. Guests are permitted to smoke outside in in the garden areas but must use ashtrays provided and safely clear away waste, as specified in House Rules.
HXP Management Ltd cannot accept liability arising from the use of the hot tub, swimming pool or use of facilities, which are at the guests own risk.
It is advised that no child under the age of 8 should use the hot tub for safety reasons.
You and every adult member or your party are responsible for the safety of any child using such facilities and no child should use the hot tub or swimming pool unattended.
For Health & Safety reasons, a hot tub may be emptied and refilled between guest bookings. If there is a departure/arrival on the same day this may mean that the hot tub may not reach temperature until the following morning.
No glass should be be taken into the hot tub or swimming pool or the surrounding areas, as stipulated in the House Rules.
Use of the gym is for adults. You and every adult in your party are responsible for any child using such facilities and no child should use the gym unattended, as stipulated in the House Rules. We cannot accept any liability for any personal injury or damage that may occur, use of the gym and its equipment is at the guests own risk.
The bar is an adult space. Children should not be left unattended in this space, You and every adult in your party are responsible for the safety of any child using the bar and must accompany them at all times. We cannot accept any liability for any personal injury or damage that may occur, use of the bar and its equipment is at the guests own risk.
Third party providers (e.g. caterers, private chefs, entertainers etc.) are not permitted at the Property without our prior written permission.
Should the amenities be closed during your stay due to You being in breach of any of these conditions, You will have no right to compensation.
Empty any bins and dispose of any rubbish in the outside bins provided at the Property as stipulated in the House Rules
4. PETS
Only Permitted Pets are permitted to stay in the Property.
Should you bring a pet, you must comply with the following conditions:
- Not allow the pet upstairs, on the bed or on furniture;
- The pet must sleep downstairs in an appropriate room;
- You must supply your own dog bed, food and any other pet amenities;
- Any fouling at the Property must be cleaned up immediately and disposed of accordingly;
- The pet must not be left alone in the Property at any time and must accompany you whenever you leave the Property;
- You must ensure the Permitted Pet(s) are free from parasites before the Arrival Date, failure to do so may incur further charges which the owner is entitled to recover from you in full;
- Where there are other properties near the house, dogs should be kept on a leash; and
- You must be mindful of other people and animals, including livestock, in the vicinity so as not to allow you pet to become a nuisance.
Where there are pets that are not permitted but have been brought with you for the Booking, we reserve the right to request immediate departure.
We reserve the right to refuse admission or request immediate departure from the Property to anyone who their Permitted Pet is considered to be, in our sole discretion, a nuisance or danger to others. No refund will be due.
You will be liable for any damage caused by animals or parasites introduced by your Permitted Pets.
We are not liable for any allergies that are affected as a result of pets present in a previous occupancy.
5. Price and Payment
The Booking Price will be based on your Booking Reservation and confirmed in your Booking Confirmation.
Where your Booking Reservation is before the Balance Due Date (8 weeks prior to the commencement of a Rental Period), you must pay a minimum Booking Deposit of 33% of the total cost of the Rental Period as notified to you upon submitting the Booking Reservation.The remaining balance of the Booking Price must be paid by the Balance Due Date.
Where your Booking Reservation is made after the Balance Due Date (i.e. within 8 weeks of the commencement of the Rental Period), you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
HXP Management Ltd will send written confirmation, via email of the balance to be paid by You, in full, 8 weeks prior to the Arrival Date. Such payment must be made within 7 days of the written confirmation. For the Cancellation Policy to apply, you must make payments with the schedule as set out here.
Should the Balance not be paid by You pursuant to clause 5.4 above, We reserve the right to terminate the Contract by notice in writing and without further liability to You. This will be deemed as a cancellation by You and as such the usual Cancellation terms will apply. Please refer to section 7.
No entry to the Property will be permitted where payment of the full Booking Price has not been made.
6. OUR LIABILITY TO YOU
No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
We make the Property available for domestic and private use only. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused. This is done entirely at your own risk. It is recommended that You obtain appropriate travel insurance prior to the Arrival Date for cover during the Rental Period to cover such eventualities.
7. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Confirmation.
You may cancel a Booking before the Arrival Date by contacting us in writing using the Contact Details. A Cancellation Fee will be charged if you cancel your booking.
Your liability for the Booking Price is dependent on the period of notice that you give us, as set out below. The time and date of the cancellation is when we receive written notice from you and this has been confirmed, by Us, in writing.
| Number of days before Arrival Date that notification of cancellation is received | HXP Managements Actions to Achieve a Re-Let of the Property further to your cancellation | Reimbursement of your money |
|---|---|---|
| Six months plus prior to the start of a booking | - | Full Booking Deposit of 33% refunded. |
| 8 weeks – 6 months prior to the Arrival date | - | 50% of Booking Deposit refunded |
| At least 8 weeks prior to the Arrival Date | Unsuccessful in re-letting the Property | You will not be entitled to any monies paid. |
| At least 8 weeks prior to the Arrival Date | Full rental achieved for the same price and terms as your booking | The Booking Deposit shall be refunded minus 10% of the Booking Deposit as an administration fee. |
| Less than 8 weeks prior to the Arrival Date | Rental achieved for an amount lower than your original booking (discounts may be applied at our discretion to make a sale). | Any refund at this point is at the discretion of HXP Management Ltd. |
| Less than 8 weeks prior to the Arrival Date | Unsuccessful in re-letting the Property. | You will not be entitled to any monies paid. You will be invoiced for the balance of payment if not yet received. |
We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
If you cancel your Booking, we will try and re–let the Property. If we are able to re-let the Property, we will refund money paid less our administrative costs and subject to any difference in price between the Booking Price and the re-let price, as outlined above.
Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you.
If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation on the arrival date and will not be refundable. For example: self-isolation or quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport will all be treated as cancellation by you in accordance with this clause.
8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control. We will promptly contact you if this happens.
If we have to cancel a Booking under clause 8.1 and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full.
We may cancel your Booking at any time with immediate effect by giving you written notice if you:
- do not pay us when you are supposed to; or
- breach the contract in any other material way, including but not limited to any of the terms of clause 2 & 3 or the House Rules.
- We shall not be liable for any refund if we cancel the contract under 8.3.2.
9. EVENT OUTSIDE OF THE PARTIES CONTROL – FORCE MAJEURE
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
An Event Outside our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption. An Event Outside our Control also includes extreme weather (including but not limited to snow and ice, high winds and flooding).
In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided to us.
Should an Event Outside our Control occur which means the Property cannot be provided to you, we will let you know as soon as possible so a refund can be arranged for you.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our Privacy Policy as dictated on our Website – www.highercrosspark.com
11. CHANGES TO BOOKING OR TERMS
We may revise these Terms from time to time.
If we have to revise these Terms under clause 11.1, we will give you at least fourteen (14) days written notice of any changes to these Terms before they take effect, or as much notice as possible where your Arrival Date is less than fourteen (14) days before the date of the change.
If you wish to change the dates of your Booking or amend your Booking in any way, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.
12. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another individual or legal entity, but this will not affect your rights or our obligations under these Terms.
Except for you and us, no other person shall have any rights to enforce any of these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.
These Terms are governed by the law of England and Wales. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.