Legal & Terms
TERMS AND CONDITIONS FOR HOLIDAY ACCOMMODATION
1.1 These terms and conditions form a legally binding agreement between you and the Owner for your holiday. You should ensure that you read and understand these terms and conditions before making your booking.
1.2 Where the Holidaymaker comprises of two or more persons, any obligation on such party in or arising under these terms is binding upon each person on a joint and several basis.
1.3 Definitions and Interpretation
Agent – 2cHolidays Ltd whose address is at Fitzroy House, 32 Market Place, Swaffham, PE37 7QH
Agreement – These terms and conditions between the Holidaymaker and the Owner
Additional Damage Deposit – An additional amount payable in certain bookings
Booking Confirmation – The confirmation issued by the Agent confirming details of the Holiday, including details of the Holiday Home, Resort and Holiday period
Deposit – A non-refundable deposit of £25
End Date – The last day of the Holiday Period
Facilities – Any facilities on the Holiday Park where the Holiday Home is located, including outdoor areas, swimming pools, gym and leisure facilities, and children’s play areas
Fee – The total amount payable for the holiday including the deposit
Holiday Home – The property as detailed in the Booking Confirmation
Holidaymaker – The person booking the Holiday, including all persons within the party as detailed on the Booking Confirmation
Holiday Period – The period from 4pm on the Start Date to 10am on the End Date
Owner – The Owner of the Holiday Home
Parties – The Owner and the Holidaymaker
2 The Agreement
2.1 This Agreement is between the Holidaymaker and the Owner. The Agent acts as Agent for the Owner. The Holidaymaker, by booking the Holiday Home through the Agent, enters into a binding Agreement with the Owner and not the Agent. The Holidaymaker must be aged 21 years or over at the time of the booking.
2.2 This Agreement grants a licence by the Owner to the Holidaymaker for the purposes only of holiday accommodation and is not intended to create a relationship of landlord and tenant between the Owner and the Holidaymaker.
3 Booking and Payment
3.1 The Agent shall accept the booking once all the required booking details are provided by the Holidaymaker and the Deposit has been paid, at which stage the Booking Confirmation will be issued to the Holidaymaker. Bookings can be made via the website (www.2cholidays.co.uk) or by telephone.
3.2 For bookings made less than six weeks before the Start Date, the full fee is due upon booking, including the Deposit, before the Booking Confirmation shall be issued.
3.3 For bookings made more than six weeks before the Start Date, the Deposit must be paid upon booking and the full balance of the fee is payable six weeks before the Start Date. If payment is not received in accordance with this Agreement, the Deposit will be forfeited, and the Holiday Home will be re-let.
3.4 If the Holidaymaker wishes to vary the terms of the booking after the Booking Confirmation has been issued by the Agent, the Agent shall charge an administration fee of £20, provided the amendment is possible. This would cover amendments such as change of date and/or location. Any extras, such as additional charges for pets, early check-in, late check-out, linen package cannot be refunded once paid for.
3.5 If by 6 weeks of the arrival date a balance is still outstanding, any remaining balance will be automatically taken from the payment card on file which was used for any previous payments
3.6 If the remaining balance cannot be cleared by 6 weeks before the due arrival date the agreement is in breach and the booking will be cancelled.
3.7 Only one eligible discount code can be used per booking and not in conjunction with any other offer or discount. 2cHolidays Ltd reserves the right whether or not to honour a discount code or free stay on a booking. Free stays and competition wins are subject to terms and are non-transferable.
3.8 Credit Notes, where issued due to the Coronavirus Pandemic, are valid for 12 months from the date of issue. If the cost of your new booking is more than your Credit Note value, additional payment from the guest is required. Alternatively, if the holiday cost is less than your Credit Note value, the remainder of the credit will be kept on your customer account for use within 12 months of the original date of issue. No cash alternatives will be offered.
4.1 Where the Holidaymaker cancels the booking within six weeks of the Start Date, any payments made will not be refunded.
4.2 Where the Holidaymaker cancels the holiday more than six weeks before the Start Date, any payments to that day can be transferred to an alternative booking with a Start Date within 12 months of the cancellation date, subject to availability. An administration charge of £20 shall apply.
4.3 For bookings made with a third-party Booking Agent, the Holidaymaker should contact the Booking Agent directly for their terms on cancellation.
4.4 Any additional charges such as pet fees, early check-in, late check-out, linen package are non-refundable once paid for.
4.5 The Agent reserves the right to cancel the booking at any time due to unforeseen circumstances, in which case any payments made will be refunded to the Holidaymaker. This right is reserved for exceptional circumstances and the Agent will not be liable for any compensation or damages whatsoever for any loss or expenses incurred by the Holidaymaker in these circumstances. Alternative accommodation may be offered by the Agent where possible. The Agent shall not be liable for any cancelled bookings, either prior to your arrival or during your stay as a result of Force Majeure. In this event alternative accommodation may be offered by the Agent, where possible, subject to availability. We recommend taking out appropriate insurance.
5.1 The Holidaymaker must vacate the Holiday Home immediately and return home, should symptoms of Coronavirus occur during their stay. The Holidaymaker must also notify the Agent of the suspected Coronavirus so that the necessary steps can be taken to ensure the Holiday Home is safe for future guests.
5.2 The Agent is not liable for any compensation or refunds in the event of the Holidaymaker vacating the Holiday Home as a result of suspected Coronavirus.
5.3 The Holidaymaker must ensure that they are adhering to any current Government legislation and regulations relating to Covid-19 in place at the time of booking and time of travel. The Agent will not be liable for bookings cancelled due to non-compliance.
5.4 For holiday parks with on-site facilities, such as swimming pool, bar, restaurant and entertainment etc, the Agent is not responsible for the provision of such. The Agent will not be liable for compensation or refund in the event of park facilities being unavailable to the Holidaymaker for any reason
6 Additional Charges and Pre-authorisation
6.1 The Holidaymaker must report any damage or breakages within the Holiday Home to the Agent immediately. The Agent reserves the right to charge the Holidaymaker for any damage, breakage, missing items, extra cleaning or other unusual or exceptional expenditure which is not deemed to be normal wear and tear, or if part of a booking for the Holiday Home, any damage caused by a pet, using the card authorised for the booking.
6.2 If an Additional Damage Deposit was paid, this shall be used to cover the additional charges and where those charges exceed this amount, the Holidaymaker shall be responsible for the balance. If the Agent has cause to take recovery action where the Holidaymaker fails to pay the balance, an admin fee of £100 shall be added.
6.3 The Holidaymaker authorises the Agent to take payment of the Additional Damage Deposit from the payment card used for the booking and agrees to pay separately any additional amounts.
6.4 Where appropriate, the Holidaymaker is responsible for the purchase and payment of park passes and entertainment passes. The Agent is not permitted, under any circumstances, to supply or provide in any way park passes.
6.5 The Agent is not responsible for the provision of park facilities and amenities and will not be held liable if these facilities and amenities are made unavailable by the Park.
6.6 The Agent will not be liable to refund as a result of third party booking cancellation made by the guest in connection with their holiday. These include, but is without limitation, fees for travel, entertainment, activities or insurance.
7.1 Except by agreement, pets are not permitted in the Holiday Home. Where pets are permitted, an additional payment shall be requested.
7.2 If pets are permitted, they should not be left unattended in the Holiday Home if they are likely to cause damage or injure themselves. Pets should not be left in the Holiday Home during hot weather as the temperature inside tends to rise quickly to extreme temperatures.
7.3 Banned dog breeds such as the Pitbull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro are not permitted on any Resort.
7.4 Full responsibility of the pet lies with the Holidaymaker and this includes damage, causing a nuisance, clearing up after the pet and any third-party liability situations.
8 Party Size
8.1 The Owner permits the Holidaymaker and the Holidaymaker’s party, subject to the number of people stated in the Booking Confirmation, to occupy the Holiday Home for the Holiday Period.
8.2 The Holidaymaker certifies when completing the booking form that they are over 21 years of age and the Holidaymaker is authorised to agree to enter into this Agreement on behalf of all party members. There must be at least one person staying in the Holiday Home over the age of 21 years. Names and ages of all guests staying overnight in the Holiday Home must be provided at the time of booking.
8.3 The maximum number of people in the Holiday Home (regardless of age) must not exceed the berth of the Holiday Home stated on the listing.
8.4 Visitors other than those included on the booking, and made known to the Agent, must not stay overnight in the Holiday Home without the prior permission of the Agent.
8.5 The Holiday Home is not to be used for the purposes of celebrations, hen or stag party, unless agreed by the Owner prior to the Booking Confirmation being issued.
8.6 Restrictions will apply on bookings from all male or all female parties of 3+ people if not immediate family or couples.
8.7 If the booking is for contractors, this must be agreed prior to the booking being made and is only permissible on selected parks. Contractors are not permitted to stay at parks owned by Haven, Park Holidays and Parkdean Resorts. No commercial or sign written vehicles are allowed on site.
9 Start Date and End Date
9.1 The Holiday Home shall be available for the Holidaymaker’s use from 4pm on the Start Date up to and including 10am on the End Date unless an early check in and late check out has been paid for.
10 Description of Holiday Home and Facilities
10.1 The Owner shall ensure that the Holiday Home is fairly and accurately described, however the Owner may make changes to the setup of the Holiday Home after publication of any advertising materials.
10.2 The Owner and Agent does not accept liability for any accidents resulting from the misuse of any equipment within the Holiday Home or the Facilities.
11 Holidaymaker’s Obligations
11.1 The Holidaymaker must:
11.1.1 Allow the Agent or Owner or their authorised representatives to enter the Holiday Home if necessary for the purpose of inspection and any urgently required maintenance or repair works at all reasonable times, upon 24 hours’ notice being given, or in the case of an emergency without any such notice being given. The Owner, Agent or their authorised representatives shall endeavour to ensure that as little inconvenience is caused to the Holidaymaker as possible.
11.1.2 Keep the Holiday Home in the same state of repair and condition as at the Start Date and adhere to any rules applicable to the Resort.
11.1.3 Not do anything which may cause a nuisance or annoyance to the Owner, Agent or other occupants on the Resort.
11.1.4 Keep the property clear of any rubbish and ensure that rubbish is disposed of in the specified locations upon leaving the Holiday Home on the End Date.
11.1.5 Refrain from smoking in the Holiday Home or on any parts of the Resort where smoking is prohibited.
11.1.6 Not carry out or permit any acts to be carried out that would invalidate the Owner’s insurance policy for the Holiday Home.
11.1.7 Ensure that all children and permitted pets are supervised at all times.
11.1.8 If the Holidaymaker breaches any fundamental term of this Agreement, the Owner reserves the right to terminate the Agreement immediately and the Holidaymaker shall be required to vacate the Holiday Home immediately. Any costs incurred in enforcing this clause 10.1.8 shall be payable by the Holidaymaker
12 Owner’s Obligations
12.1 Subject to clause 10.1.1 the Owner agrees that the Holidaymaker can quietly enjoy and occupy the Holiday Home during the Holiday Period.
12.2 The Holiday Home shall be supplied with duvets and pillows, but no bed linen or towels. If the Holidaymaker requires linen to be provided, this can be supplied for an additional fee. Towels are not provided in any circumstances.
12.3 If the Holiday Home becomes unavailable for reasons beyond the control of the Agent or Owner before the Start Date, the Agent shall make every effort to find a suitable alternative property for the Holiday Period, failing which any fees paid by the Holidaymaker will be refunded. In such circumstances, the Holidaymaker shall have no additional or further claim against the Owner or Agent.
13 Discount Codes, Free Stays and Competitions
13.1 Only one eligible discount code can be used per booking and not in conjunction with any other offer or discount. The Agent reserves the right to decide whether or not to honour a discount code or free stay on a booking. Free stays and competition wins are subject to terms and are non-transferable.
14.1 Gas, water and electricity charges are included in the fee in most locations, but not all. Details will be provided on the welcome letter sent with the Booking Confirmation.
15 Contents of Holiday Home
15.1 The contents of the Holiday Home may be subject to change compared to the listing description and photographs.
16.1 Smoking is not permitted inside the Holiday Home at any time. Smoking outside must be exercised with caution for the risk of fire and the Holidaymaker should use the appropriate receptacles for waste. All no smoking signs on the Resort must be adhered to.
17 Health and Safety
17.1 All Holidaymakers must take care when entering and exiting the Holiday Home, especially if using steps and decking.
17.2 The Holidaymakers must not remove batteries from any smoke and/or carbon monoxide alarms.
17.3 Water pressure fluctuations can cause water to get very hot inside some Holiday Homes, which is common with caravans, especially in high season when demand is high, and due care must be taken by Holidaymakers.
18.1 The Agent does not accept liability for any act of negligence or breach of statutory duty by the Owner or anyone representing or employed by the Owner.
18.2 The Owner shall not be responsible to the Holidaymaker for any loss or damage sustained during the Holiday Period that was unforeseeable. In respect of foreseeable loss, the liability of the Owner to the Holidaymaker shall be limited to the fee only.
18.3 Nothing in this Agreement effects liability for death or personal injury caused by the Owner’s negligence.
18.4 The Owner or Agent do not accept liability in respect of any damage to or loss of personal property suffered by the Holidaymaker. If a personal possession has been left behind after the End Date and has been found by the Agent, a minimum charge of £30 is made for the return of the lost property to the Holidaymaker, plus the cost of postage. The Agent accepts no responsibility for items reported lost which cannot be located.
19 Data Protection
19.1 The Agent and the Owner will only use any personal information provided by the Holidaymaker for the purposes of making available and managing the Holiday Home. This may include sharing personal information with Holiday Parks to adhere to their rules and regulations.
19.2 The Agent shall ensure that all personal information is held securely and in accordance with its internal policies and as required by law.
19.3 The Agent shall only make contact with the Holidaymaker regarding bookings, or in the case of offers and promotion, where consent has been given.
20 Law and Jurisdiction
20.1 This Agreement shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Court.
21 Third Party Rights
21.1 Subject to the provisions of this Agreement, any person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
21.2 The Parties agree that the Agent shall be entitled to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
22.1 If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
23.1 Any complaint by the Holidaymaker must be made immediately by telephone during the Holiday Period for the Agent and/or Owner to be able to deal with such complaint. If there is an issue with the accommodation you must report this via telephone within 2 hours of your arrival on 07990 841879 in order for the Agent to rectify. Access must be permitted to allow this work to be carried out.
23.2 If the Holidaymaker wishes to make a complaint about anything connected with the hire of the property, they should contact the Agent as soon as reasonably possible prior to departure. In the event the Holidaymaker does not have phone reception at the location where they are staying, the Holidaymaker must make all reasonable efforts to make a call from a nearby public telephone or send us an email.
Alternatively, the Holidaymaker should submit a complaint in writing within 7 days of the End Date, directly to the Agent. Where a complaint is received in writing, the Agent shall endeavour to reply within 14 working days. Please email email@example.com.
23.3 Neither the Agent or the Owner can accept responsibility for work taking place outside the boundary of the property, or for noise or nuisance resulting from third party activity over which the Agent or the Owner have no control.