Just Cotswolds is a trading name of Emotional Escapes Ltd (hereafter referred to as ‘Emotional Escapes’, ‘We’, ‘Us’ or ‘Our’). Emotional Escapes promotes short-term rental accommodation on behalf of the accommodation Owners. We also organise and handle the booking on the Owner’s behalf. This Agreement is divided into two sections:
- Section A forms the basis of Emotional Escapes’ contract with you for arranging the supply of accommodation.
- Section B forms the basis of the Owner’s contract with you for the supply of their accommodation.
A. Conditions of Agency Booking with Emotional Escapes Ltd
1. YOUR BOOKING
a) Emotional Escapes acts as agent for the Owners of the accommodation We promote. We do not supply the accommodation and do not accept responsibility for the provision of the accommodation by the Owner or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with the accommodation.
b) When you make a booking request, We contact the Owner to confirm that their accommodation remains available for the period in question. If available, We will contact you to confirm both availability and the total rent payable for the period requested. You can secure the booking by completing and submitting the Booking Validation form and paying a deposit. Bookings are confirmed on a first-come, first-served basis upon receipt of the rental deposit.
2. PAYING FOR YOUR ACCOMMODATION
a) Emotional Escapes collects the Rent on behalf of the Owner. Your reservation will not be secure until We receive the 30% deposit payment, which must be paid within 7 days of your booking validation. When Emotional Escapes receives this sum We will send you confirmation of the booking by email, showing your reservation details. Please check your confirmation carefully and report any incorrect or incomplete information to Us without delay. Note that, if you book less than 12 weeks before the arrival date, payment of the total cost is due to secure the booking.
b) We will send you a Final Account by email 8 weeks before the rent start date. This balance payment must be paid within 7 days. If We don’t receive this balance 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 10 of Section B below will become payable. We will make every effort to make contact with you before taking such action.
3. ACCOMMODATION DESCRIPTIONS:
a) We aim to ensure that the information provided by Owners is accurately conveyed or advertised by Us. There may be small differences between the actual accommodation and its description, as both We and the owners are always seeking to improve services and facilities.
b) Whilst every effort is made to ensure the accuracy of printed material at the time of publication, regrettably errors do occasionally occur. Please note, the information and prices shown on Our website or in any printed material are subject to change. You must therefore ensure you check all details of your chosen accommodation (including the price) with Us at the time of booking.
4. IF YOU NEED TO CHANGE OR CANCEL YOUR RESERVATION:
If you need to amend a confirmed booking, please contact Us in writing as soon as possible. We can’t guarantee that We will be able to accommodate your request, but We will try to do so. However, it is important to realise that We may have to treat requests for changes of accommodation and/or dates as the cancellation of one reservation by you, and the booking of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your reservation. By entering into this Agreement you agree that the cancellation charges detailed in the Owner’s Conditions in clause 10 of section B of this Agreement will be payable.
5. IF WE OR THE OWNER CANCEL OR MAKE CHANGES TO YOUR RESERVATION:
a) Sometimes problems occur and Owners have to make alterations to reservations or cancel confirmed reservations. If this does happen, the Owner is under an obligation to inform Us as soon as reasonably practicable. In these circumstances, We will contact you immediately to inform you of the cancellation or the change and the options open to you.
b) We would not expect to have to make any changes to your reservation ourselves, but sometimes unavoidable problems occur and We do have to make alterations and/or correct errors. If this does happen, We will contact you as soon as reasonably practicable to inform you of the cancellation or the change and the options open to you.
c) If We have to make a significant change or cancel, We will, if possible and as soon as reasonably practicable, arrange alternative accommodation of similar type and standard in a similar location for the same or similar time of year (although We reserve the right to charge you any difference in price if the alternative is advertised at a higher price than the original accommodation).
d) If the change or the alternative accommodation is not acceptable, you must inform Us within 48 hours of being advised of the change or proposed alternative accommodation.
e) We regret We cannot pay expenses, costs or losses incurred by you as a result of any change or cancellation. If a change or cancellation occurs because of circumstances beyond Our control, no compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation, will be paid by Us, but We will refund all monies you have paid to Us.
f) Very rarely, We may be forced by “force majeure” (see Clause 13 of Section B) to change or terminate your arrangements after arrival. If this situation does occur, We regret We will be unable to make any refunds (unless We obtain any from Our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
6. BREAKAGES & DAMAGES:
a) As part of this Agreement, you will be required to pay a deposit as security against breakages and damages that may occur during your occupation of the Property. The amount of this deposit varies from one Property to the next and is displayed on the online booking form for each Property.
b) If you cause damage to the Property in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage as soon as this has been established. Failure to do so will result in the sum being recovered on the damage deposit mentioned above.
c) You must also indemnify Emotional Escapes for the full amount of any claim (including all legal costs) made against Us by the accommodation provider or any third party as a result of your breach of any part of this Agreement. We reserve the right to use some or all of the damage deposit to satisfy or go towards satisfying any such claim.
d) The damage deposit, less any sums recovered, will be returned to you as soon as is reasonably practicable.
a) If you have any complaints concerning the services We or the accommodation supplier provide to you, you must inform Us immediately in writing and, in any event, within 14 days of the end of the stay in the accommodation booked through Us.
b) Although We have no responsibility for the accommodation you book through Us, We will act as an intermediary between you and the Owner of the accommodation in respect of any complaints associated with it and We are entitled to represent and act on behalf of the Owner in the event of any dispute.
c) Our maximum liability to you, if We are found to have been at fault in relation to the booking service We provide (as opposed to the supply of the accommodation itself), is limited to the commission We have earned or are due to earn in relation to your booking. 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.
a) You are strongly recommended to take out a suitable policy of insurance that will cover you in the event that you need to change and/or cancel your reservation. Refer to Clause 4 above for further details.
b) Clause 10 of Section B of this Agreement sets out full details of cancellation charges that will apply.
c) It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for you and your party's particular needs. Please read your policy details on receipt and carry them with you at all times during your holiday.
9. SPECIAL REQUIREMENTS:
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant Owner but We cannot guarantee that requests will be met.
10. LAW & JURISDICTION:
In all cases Section A of this contract is subject to English law and the jurisdiction of the Courts of England and Wales.
B. Conditions for the Supply of Accommodation by the Owner of that Accommodation
The following Conditions form the basis of your Agreement with the Owner or supplier of the accommodation in question. References to ‘We’, ‘Us’ or ‘Our’ in these Conditions mean that supplier or Owner.
2. MAKING A BOOKING AND PAYMENT:
a) When you make a request to Emotional Escapes to book Our accommodation, you must pay a deposit to secure the booking. The amount of this deposit is clearly indicated on the Booking Form.
b) If you make a request to book Our accommodation within 12 weeks of your arrival date, the full cost of the rental is required to secure the booking.
c) The first named person on the booking will be the party leader and will be responsible for making all payments due to Us. He/she must be at least 18 and be authorised to make the booking on the basis of these Booking Conditions by all the persons named in the booking form. By placing the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions.
d) Your booking is confirmed and a contract exists when Emotional Escapes dispatches to you a Booking Confirmation on Our behalf. Please check your confirmation carefully and report any incorrect or incomplete information to Emotional Escapes immediately.
e) The balance of the cost of your accommodation is due on the date detailed in your confirmation invoice. If Emotional Escapes does not receive this balance 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 10 below will become payable.
f) Please note that We may not permit large, single-sex parties or groups wholly made up of adults under 25 years old. Please discuss your party make-up with an Emotional Escapes sales consultant before booking.
3. ACCURACY OF PRICES:
a) Although We make every effort to ensure the accuracy of the information and prices at the time of being advertised, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with Emotional Escapes at the time of booking.
b) Emotional Escapes reserves the right to amend the advertised prices of accommodation at any time. We also reserve the right to correct errors in both advertised and confirmed prices.
c) Occasionally, problems mean that some facilities or services become unavailable, and if this is the case We will tell you as soon as reasonably practicable after We have been made aware of the situation. We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned on the Emotional Escapes website, by Emotional Escapes’ Holiday Advisors or if advertised elsewhere.
4. YOUR ACCOMMODATION:
a) You can arrive at your accommodation after 16.00 hours local time on the start date of your rental period and you must leave by 10.00 hours local time on the last day, unless otherwise agreed with Us. If your arrival will be delayed, you must contact Us so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the accommodation that day. If you fail to arrive by midday the following day and/or you do not advise Us of a late arrival, circumstances may force us to treat the booking as cancelled by you.
b) We require you to pay a breakage and damage deposit before the rental commences, as set out in Clause 6 of Section A of this Agreement. We will not grant you entry to the accommodation until such damage deposit has been provided.
c) You agree to keep the accommodation clean and tidy during your stay and leave the accommodation in a similar condition. The damage deposit will be returned to you in full, as soon as reasonably practicable after the rental period, on condition that you, or your party, have not caused damage or loss and the accommodation has been left clean and tidy.
d) You are responsible to Us (the Owner) for the actual costs of any breakage or damage in or to the accommodation, along with any additional costs that may result, which are caused by you, or your party, and We can require payment from you to cover any such costs. This payment may be recovered from your damage deposit, which will then be returned less any sums recovered.
e) You cannot allow more people to stay in the accommodation than stated in the description, nor can you significantly change the makeup of the party during the duration of your stay in the accommodation. If you do so, We can refuse to hand over the accommodation to you or, subsequently, repossess it.
f) We will treat any of these circumstances as a cancellation by you and Section 10 will apply. You must allow the Owner, or any representative of the Owner, access at any reasonable time during your stay.
5. OUR RESPONSIBILITY FOR YOUR BOOKING:
a) We promise that your accommodation will be made, performed or provided with reasonable skill and care, and that Our employees, agents or suppliers will also use reasonable skill and care in making, performing or providing your accommodation.
b) We will only be responsible for the act(s), error(s) or omission(s) caused by Our employee(s), agent(s) and/or supplier(s) if they were, at the time, acting within the course of their employment, or carrying out work We had expressly instructed them to do.
c) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim(s) of any description whatsoever which results from:
-the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party, or
-the act(s) and/or omission(s) of a third party not connected with the provision of your accommodation, and which were unforeseeable or unavoidable, or ‘force majeure’.
d) Our maximum liability to you, if We are found to have been at fault in relation to the supply of Our accommodation, is limited to the Total Rent We have earned, or are due to earn, in relation to your booking. 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 employee(s), agent(s) and/or supplier(s) whilst acting in the course of their employment, or carrying out work We had expressly instructed them to do.
e) Our liability under this Agreement is restricted to the total rent paid by, or on behalf of, the person(s) affected, for the supply of this accommodation. This maximum amount will only be payable where you have received no benefit whatsoever from this Agreement.
f) We will not accept responsibility for services or facilities that do not form part of Our Agreement or where they are not advertised, including but not limited to any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.
By entering into this Rental Agreement you are contractually bound to pay for the accommodation in full. In order to protect you (and Us, the Owner) against unforeseen circumstances, holiday insurance is highly recommended. You should purchase an insurance package that provides you and your party members with adequate cover, including cover against the cost of cancellation by you, and assistance (including repatriation) in the event of accident or illness. It is your responsibility to check that the insurance you take out is appropriate for your needs.
7. BEHAVIOUR AND PETS:
a) When you book the accommodation, you accept responsibility for the proper conduct of all members of your party during your stay, which includes, but is not limited to, causing or being likely to cause danger, upset or distress to anyone else or damage to property.
b) Pets are strictly forbidden at the Property unless We give express approval, in writing, in advance of your arrival.
c) We reserve the right at any time to terminate the stay of any or all party members who do not, in Our reasonable opinion, respect Paragraphs (a) and (b) above.
d) In the event that an individual's stay is terminated in these circumstances, We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including, but not limited to, alternative accommodation) he/she may incur.
e) In the event that the entire party's stay is terminated in these circumstances, full cancellation charges will apply and no refund will be given. Furthermore, We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including, but not limited to, alternative accommodation) you, or any member of your party, may incur as a result of your stay being terminated.
8. SPECIAL REQUESTS:
If you wish to make a special request, you must do so at the time of booking. We cannot guarantee that requests will be met, but We will always do Our best. The fact that a special request has been noted on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on Our part unless the request has been specifically confirmed.
9. IF YOU WANT TO CHANGE YOUR BOOKING:
Once you have received confirmation of the booking, any requests for changes must be sent to Emotional Escapes in writing by the person that made the booking. Where appropriate We will do Our best to accommodate the changes. Clause 4 of Section A of this Agreement sets out the conditions upon which changes can be made.
10. IF YOU WANT TO CANCEL YOUR BOOKING:
a) If you have to cancel your reservation you must telephone Emotional Escapes on the number shown on your booking confirmation as soon as the reason for cancellation arises.
b) You must also confirm your cancellation in writing, sent immediately to Emotional Escapes Ltd, 12 Atkins Place, Fareham, Hampshire PO15 6LG. The day Emotional Escapes receives your telephone or email notification of cancellation (whichever is earlier) is the date on which your reservation is cancelled.
c) In the event of cancellation you should contact your insurance provider immediately.
d) Whatever the reason for cancellation, a cancellation charge will be payable to Emotional Escapes, as set out in the table below.
For the purpose of this table, 'cost' means the total cost of the reservation, including any extra items requested:
Number of days before arrival date that
More than 12 weeks
Less than 12 weeks
100% of cost
e) If any payment due in relation to the reservation is not paid by the appropriate date, We reserve the right to treat your reservation as cancelled by you and charge you cancellation charges, as set out above, which can be as high as the total cost of the reservation. Emotional Escapes will always send out a reminder to you before taking steps towards the eventual cancellation of your reservation.
11. IF WE NEED TO CANCEL OR MAKE CHANGES TO YOUR BOOKING:
In the unlikely event that We need to cancel or make changes to your booking We will notify Emotional Escapes immediately. Please refer to Clause 5 of Section A of this Agreement for a full explanation.
a) Every effort has been made to ensure that the accommodation we provide is as described and fit for purpose. If, however, you have any cause for complaint, We are anxious that remedial action is taken as soon as possible. It is essential that you contact the designated person, as detailed by Emotional Escapes, immediately if any problem arises, so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless We or Our agent or representative is promptly notified. Discussion of any criticisms with Us or Our representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the accommodation) cannot possibly be investigated unless registered whilst you are in residence.
b) If you cannot make contact with Our representative, or if the complaint is more complicated, you should telephone Emotional Escapes direct. The telephone is manned throughout the season between 08.30 and 16.30 UTC Monday to Friday.
If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 14 days of returning from your holiday, put your complaint in writing and send it by recorded delivery to Emotional Escapes at their registered address. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help Us help you by following this procedure, as otherwise We cannot subsequently consider any complaints nor enter into any correspondence about them and this may affect your rights under this contract. At all times, Emotional Escapes are entitled to represent and act on Our behalf in the event of a dispute.
13. FORCE MAJEURE:
In these Booking Conditions, “force majeure” means any event which Emotional Escapes or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside Our control. Except where otherwise expressly stated in these booking conditions, We regret We cannot accept liability or pay any compensation where the performance or prompt performance of Our obligations under Our Agreement with you is prevented or affected by, or you otherwise suffer damage or loss (as more fully described in clause 5 above) as a result of, force majeure.
14. LAW & JURISDICTION:
English law alone will apply to this Agreement and to any dispute or claim which arises out of it. Any such dispute or claim must only be dealt with by the Courts of England and Wales.