ROCKSTONE HOLIDAY HOMES Booking Terms and Conditions
By booking accommodation through ROCKSTONE HOLIDAY HOMES you are agreeing to the following terms and conditions.
COVID-19 Policy
If the accommodation is required to close under mandatory restrictions, you will be fully refunded or may choose to change the dates of your booking. In the event that some or all of the Guests on the booking are unable to travel due to mandatory quarantine, the standard cancellation policy will apply as detailed in section 3. It is advisable that all Guests have adequate travel insurance.
If you start displaying signs of the coronavirus (COVID-19) virus while staying in the accommodation, you should inform us by email at info@rockstoneholidayhomes.co.uk, and immediately self-isolate where you are to minimise any risk of transmission, and take a test. If you are confirmed to have coronavirus (COVID-19), you should return home. You should use private transport. If you have no means of returning to your home and are forced to stay in the accommodation to self-isolate you will be billed for the mandatory quarantine period, plus a further 3 nights when the property will be left vacant before anyone enters to clean. If you can return home and have to leave the accommodation before your check-out date a refund will not be issued.
1. Definitions
1.1 References to you or your means the person or organisation making the booking as the Guest through ROCKSTONE HOLIDAY HOMES. 1.2 The Owner means the organisation, individual, partnership or company which owns the holiday accommodation. The identity and details of the Owner or their management representative will be confirmed in the booking confirmation email supplied by ROCKSTONE HOLIDAY HOMES.
2. The Booking
2.1 Your booking is with the Owner. ROCKSTONE HOLIDAY HOMES acts as an agent for the Owner in facilitating a booking through this website, by email or telephone and your contract for the booking will be between you and the Owner in accordance with these terms.
2.2 These terms apply to bookings made via the ROCKSTONE HOLIDAY HOMES website, by email or telephone or in person with ROCKSTONE HOLIDAY HOMES and any other Online Travel Agent that they advertise on.
2.3 Your booking is confirmed and a legal contract concluded once your payment has been successfully made. No booking is made or contract concluded when payment is declined or unauthorised.
2.4 ROCKSTONE HOLIDAY HOMES will facilitate payment of your booking and charge a £25 non-refundable Booking Fee for this service. ROCKSTONE HOLIDAY HOMES will charge to the Owner a management fee in respect of each booking which is payable to ROCKSTONE HOLIDAY HOMES by the Owner.
2.5 You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
2.6 Bookings can be for any length from one night up to five months. Bookings may be made at any time up to 4.00pm on the first night of your stay.
2.7 Photo ID such as a photo driving licence or passport for the lead guest will be required at the time of booking.
2.8 All bookings must be made under the name of someone who is 18 or above.
2.9 Where a booking has been made by someone under 18, ROCKSTONE HOLIDAY HOMES reserve the right to cancel the booking and withhold any money paid.
2.10 You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of the Owner.
2.11 If you wish to make a change to your arrival or departure date after the booking confirmation has been issued, this is at the Owners discretion, and is only possible subject to availability. Confirmation in writing must be received by ROCKSTONE HOLIDAY HOMES before a revised booking confirmation can be issued. You will not be able to select alternative holiday accommodation as this would be regarded as a cancellation (see Cancellation Terms).
2.12 As per all our platforms state, parties and large gatherings are prohibited in all of our properties and we retain the right to terminate your stay at any given time with probable cause.
2.13 If you have any special needs, such as requiring a property suitable for the disabled or any other specific requirement, ROCKSTONE HOLIDAY HOMES will try to accommodate accordingly. Such requirements must be specified at the time of booking. ROCKSTONE HOLIDAY HOMES cannot accept responsibility for failing to accommodate any special needs, unless specified during booking and confirmation is given by ROCKSTONE HOLIDAY HOMES. If you suffer from allergic reactions please take note that although certain accommodations are advertised as NOT allowing pets, ROCKSTONE HOLIDAY HOMES cannot guarantee that pets have never been in that holiday accommodation and cannot be held liable in such circumstances.
2.14 Comprehensive travel insurance that includes cancellation insurance is a not a requirement of booking through ROCKSTONE HOLIDAY HOMES although it is advisable. In the event that you need to cancel your booking within 8 weeks of the first day of your booking, no refund will be made by the Owner but you may be able to submit a claim under your travel insurance policy. Many credit card providers offer free travel insurance when making purchases on their cards. Please note that often these policies offer a very basic level of cover and usually not cancellation cover or cover for damage to the property.
3. Payment and Cancellations
3.1 All payments shall be made by Credit Card, Debit Card or BACS. ROCKSTONE HOLIDAY HOMES does not charge credit or debit card fees.
3.2 Full payment is required upon booking unless expressly agreed otherwise by the Owner. ROCKSTONE HOLIDAY HOMES shall supply an invoice on behalf of the Owner.
3.3 The total price for your entire stay will be presented to you before you confirm your booking and make payment. Pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon ROCKSTONE HOLIDAY HOMES or the Owner any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
3.4 The following cancellations provisions apply unless specified otherwise in the reservation information provided prior to booking.
3.5 You may cancel the booking at any time up to 8 weeks prior to the first day of your booking in which case a full refund will be made to you, excluding our Booking Fee of £25.
3.6 If you cancel the booking within 8 weeks of the first day of your booking then the Owner reserves the right to retain the full amount paid. Any refund will be at the Owner’s entire discretion unless it is able to book out the accommodation to other guests, in which case it shall make a refund to you of your booking cost, less any difference in price where the replacement booking was of a lesser value, and excluding our Booking Fee of £25.
3.7 The Owner reserves the right to cancel bookings where it is necessary due to any unforeseen circumstances outside of the Owner’s reasonable control, such as unforeseen building maintenance. In the event of such a cancellation, ROCKSTONE HOLIDAY HOMES will endeavour to offer you alternative holiday accommodation of a comparable standard and price. Should the only alternative holiday accommodation be of a higher price, ROCKSTONE HOLIDAY HOMES reserves the right to charge the difference. You have the right to decline the alternative holiday accommodation for whatever reason (e.g. price, unsuitability etc.). In which case ROCKSTONE HOLIDAY HOMES will refund the full amount paid, but no other compensation will be payable. The liability of ROCKSTONE HOLIDAY HOMES is limited to, and cannot exceed, the amount paid by you.
4. Your stay
4.1 Information on the check-in and check-out procedure and access to the holiday accommodation will be detailed in the reservation information. Check in is after 3.00pm on the first day of the booking. You may not arrive earlier than 3.00pm, unless there are circumstances where this has been agreed, as time is needed to clean the holiday accommodation thoroughly between guests. You must vacate the holiday accommodation and any parking by 10.00am on the day of departure. Additional charges at a rate of £50 per hour will be applied if the premises have not been vacated by the specified time, unless there are circumstances where this has been agreed. You must comply with any procedure or requirements of the Owner applicable to your departure. In all cases, you are responsible for ensuring that the holiday accommodation is left secure and for the safe custody of the keys.
4.2 Your booking is for serviced accommodation rather than a hotel or guest house service (unless expressly specified otherwise). The Owner does not provide meals or newspapers.
4.3 Linen and towels are included in the rental of the holiday accommodation. Linen and towels are changed once a week. If you require more frequent changes you should request this at the time of booking. There will be an additional cost for extra linen and towel changes. Beach towels are not provided and therefore you should bring your own beach towels with you. Cot linen is not provided (where cots are in the holiday accommodation) so you should bring your own cot linen for your baby’s comfort.
4.4 The Owner or their representative must be allowed access to inspect the holiday accommodation prior to your departure. They also have a right to access the holiday accommodation during your stay to carry out urgent maintenance or repairs, or in the event of an emergency. Gardeners, window cleaners, and laundry staff may enter the grounds during your stay, often early in the morning.
4.5 Any damage must be reported to the Owner or their representative as soon as it occurs. It is your responsibility to point out any pre-existing damage or missing items to the Owner or their representative at the beginning of your stay.
4.6 Any valuables left at the holiday accommodation are left at your own risk. Neither ROCKSTONE HOLIDAY HOMES nor the Owner are responsible for any loss. When provided, burglar alarms must be activated, safes used and proper care be taken against theft and burglary. It is essential and your responsibility to ensure all doors, shutters and windows are closed and locked when leaving the holiday accommodation, or when in the grounds. No refund can be given should you decide to vacate the holiday accommodation as a consequence of a burglary. The holiday accommodation must be kept locked at night and whenever unattended. Failure to do so may result in invalidation of the holiday accommodation insurance and any losses or damage caused as a result of your failure to secure the holiday accommodation will be passed on to you in full. You are responsible for ensuring that the holiday accommodation is left secure on departure.
4.7 The Owner and ROCKSTONE HOLIDAY HOMES cannot be held responsible for noise or disturbance originating beyond the boundaries of the holiday accommodation or which is beyond the Owner’s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will endeavour to contact you to inform you of the disturbance.
4.8 The Owner and ROCKSTONE HOLIDAY HOMES cannot be held responsible for the breakdown of, or technical problems with, mechanical equipment such as pumps, boilers or domestic equipment, nor for the failure or non- availability, for any period of time, of utilities such as water, gas, electricity and Wi-Fi. However, we will take any actions which are within our reasonable control to resolve the problem.
4.9 ROCKSTONE HOLIDAY HOMES will retain lost property items for only 28 days from the date of departure. Items to be returned to guests will be charged at a flat fee of £10 plus postage and packaging, payment of which can be made by credit card or debit card or by bank transfer. ROCKSTONE HOLIDAY HOMES do not accept responsibility for returning any items and do not return any food or drink.
4.10 You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions. In particular you and your guests must not:
4.10.1 Smoke in the premises. All of our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises, well away from entrances and windows to the property. Smoking on the premises within the property will be subject to £150 in order to return the property to the condition it was before the stay.
4.10.2 Bring any pets into the premises, with the exception of assistance dogs or unless expressly agreed by the Owner;
4.10.3 Bring any potentially dangerous or hazardous materials or equipment onto the premises;
4.10.4 Tamper with any fire alarms or emergency equipment;
4.10.5 Remove, damage or destroy any Owner property;
4.10.6 Use the property for any business purposes whatsoever;
4.10.7 Use any technology provided by the Owner to download or access any unlawful or obscene material;
4.10.8 Cause unreasonable disturbance to our other guests, neighbours or any member of the Owner’s staff;
4.10.9 Make excessive noise between 10pm – 8am especially from TV's and other electronic devices;
4.10.10 Fail to return your accommodation keys/fobs/cards at the end of your stay as, in the interests of security, the Owner may have to replace the corresponding locks and charge you accordingly.
4.11 You must keep the holiday accommodation and all furniture, contents, fittings, facilities, equipment and grounds in the same condition as at the commencement of the booking, and in the same state of cleanliness and general order in which they were found. The Owner reserves the right to charge you for any extra cleaning, over and above the amount normally required on departure.
4.12 Dogs are not allowed except with the permission of the Owner. The number of dogs must be agreed prior to acceptance of the booking. If the particular dog(s) concerned has not been agreed by the Owner in advance, the Owner reserves the right, at his/her discretion, to request the dog is placed in kennels at your destination for the duration of your stay, or to terminate your rental of the holiday accommodation without refund or compensation. Where dogs are permitted, they are not allowed on any furniture or in the bedrooms. Dogs are not to be left unattended at the holiday accommodation at any time. You must ensure that you clean any outside spaces where your dog may have fouled, and that the holiday accommodation is free from dog hair at the end of your stay.
4.13 Only the number of persons stated in the holiday accommodation description may use the holiday accommodation unless otherwise agreed in writing by the Owner. The maximum number of people, including infants, allowed at the property may not be exceeded. The Owner has the right to terminate your rental without prior notice and without refund or compensation if the maximum number is exceeded.
4.14 The Owner, their representatives and/or ROCKSTONE HOLIDAY HOMES reserve the right to refuse admission or entry to the holiday accommodation to all or any persons, and may require all or any persons to leave the holiday accommodation, without refund, whom they consider to be in a material breach of these conditions. This includes persons who cause a nuisance or damage to holiday accommodation or conduct themselves in an offensive or disorderly manner. In such event ROCKSTONE HOLIDAY HOMES will not be liable for making any payment to you and will retain all monies paid by you.
5. Damage, theft and costs
5.1 ROCKSTONE HOLIDAY HOMES reserves the right, on behalf of the Owner, to invoice or charge to the credit/debit card used for payment or any other card used to provide security in respect of:
5.1.1 The cost of replacing or repairing any property of the Owner including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;
5.1.2 The cost of any additional cleaning required over and above the amount normally required on departure.
5.1.3 The cost of replacing any items of property which are stolen from the accommodation during your stay;
5.1.4 Any breach of the Owner’s non-smoking policy. A standard charge of £150 will be invoiced or charged to your card where the Owner finds evidence of smoking within the accommodation to cover cleaning costs but the Owner reserves the right to charge additional amounts to cover any damage caused by smoking.
5.2 Such costs may be charged on check-out but ROCKSTONE HOLIDAY HOMES reserves the right, on the behalf of the Owner, to invoice or apply such charges to your card at a later date where necessary.
5.3 Where we or the Owner are unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt. If ROCKSTONE HOLIDAY HOMES are unable to retrieve these funds via a credit/debit card then legal action may be taken to recover costs as well as any legal costs.
5.4 ROCKSTONE HOLIDAY HOMES or the Owner will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
6. Privacy, Data Protection and Credit/Debit Card Security
6.1 ROCKSTONE HOLIDAY HOMES processes information about you that you provide when making a reservation in accordance with our privacy policy. By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
6.2 For full details on how we collect, use and store personal data including the use of cookies please see our full privacy policy on our website at www.rockstoneholidayhomes.co.uk
6.3 We use a secure third party service to process card payments (www.stripe.com/gb). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms. We do not make or store any copy of your card details in our own systems or elsewhere. You can read the privacy policy of the third party provider here: www.stripe.com/gb/privacy.
6.4 We use a secure third party service to process bookings and provide website services (www.smoobu.com). This service allows us to store your details for the purposes of carrying out our obligations as outlined in these terms and conditions. You can read the privacy policy of the third party provider here: https://www.smoobu.com/en/privacy-policy/
7. Enquiries
7.1 ROCKSTONE HOLIDAY HOMES will seek to respond to or resolve any reasonable enquiry you may direct to it in relation to your booking, however ROCKSTONE HOLIDAY HOMES shall not be liable for any delay in or failure to respond to or resolve an enquiry raised directly with itself. If in doubt you should contact the Owner directly using the details provided in the booking confirmation.
8. Complaints
8.1 ROCKSTONE HOLIDAY HOMES and the Owner want to ensure that you have an enjoyable stay.
8.2 If you have a problem during your stay please talk to ROCKSTONE HOLIDAY HOMES or any member of the Owner’s staff who will be able to help you.
8.3 If the Owner is unable to informally resolve any complaint you have at the time of your stay then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing to the Owner email or postal address provided in the reservation information and booking confirmation. Please provide as much information as possible in order that the Owner may properly investigate your complaint.
8.4 ROCKSTONE HOLIDAY HOMES act only as agent. Any complaint or other issue which you may have in respect of the security deposit or any deductions from the deposit or claim for any damage, loss or any other sum in connection with your rental should be addressed directly to the Owner. We cannot accept any responsibility or enter into any negotiations regarding this aspect of your contract with the Owner. We act solely on the instruction of the Owner.
8.5 If you wish to make a complaint about ROCKSTONE HOLIDAY HOMES’s services (i.e. in relation to the booking process only) then this should be submitted to the email address below:
8.6 Your complaint will be dealt with by an appointed member of the ROCKSTONE HOLIDAY HOMES management team. ROCKSTONE HOLIDAY HOMES aims to respond to formal complaints within 5 working days but if this will not possible ROCKSTONE HOLIDAY HOMES will notify you of this and of when it expects to respond. ROCKSTONE HOLIDAY HOMES will set out the outcome to your complaint in writing. Email address: info@rockstoneholidayhomes.co.uk
8.7 ROCKSTONE HOLIDAY HOMES’ maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by the Owner or any third party used by the Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
8.8 Complaints received at the end of the booking will not be accepted. If you vacate the holiday accommodation before your departure date without notifying the Owner or their representative, you deprive the Owner of the opportunity to attempt to rectify the problem. You will therefore forfeit your right to compensation.
8.9 ROCKSTONE HOLIDAY HOMES reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
9. Limitation of Liability
9.1 As an agent ROCKSTONE HOLIDAY HOMES holds no liability to you in relation to your booking or stay at and use of the accommodation. Such liability lies with the Owner in accordance with the following terms of this clause.
9.2 ROCKSTONE HOLIDAY HOMES endeavours to ensure that all information provided prior to, during and after your booking has been made is accurate but shall not be responsible for any incorrect or missing information regarding the accommodation or booking.
9.3 The liability of the Owner to you under these terms and conditions shall be limited to the total value of your booking, except where such loss is caused by the Owner’s negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
9.4 The Owner shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.
9.5 The Owner shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to: 9.5.1 Strike, lockout or other labour dispute affecting the employees of the Owner;
9.5.2 Acts of God;
9.5.3 Natural disasters;
9.5.4 Acts of war or terrorism;
9.5.5 Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
9.5.6 Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;
9.6 Nothing in this clause or these terms shall limit either the Owner or ROCKSTONE HOLIDAY HOMES’s liability for death or personal injury or in respect of fraudulent misrepresentation.
10. Severability
10.1 If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11. Waiver
11.1 The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
12. Entire Agreement
12.1 These terms and conditions constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
13. Third party rights
13.1 The Owner shall be entitled to enforce its rights under this Agreement against you or any person staying at or using the accommodation.
13.2 Otherwise, nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
14. Jurisdiction
14.1 This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.
