1.0 In these Conditions, the following expressions have the following meaning:
1.1 "Buyer" means the person who accepts the quotation of the Seller for the hire of the premises accepted by the Seller. (i.e the 'Holidaymaker')
1.1.1."Seller" means PACCS Ltd. (Company reg No SC124763)
1.2 "Conditions" means the standard Terms & Conditions set out in this document and includes any special terms and conditions agreed in writing between the Buyer & Seller.
1.3 "Formation of Contract" A binding contract between the buyer (holidaymaker) and the company shall be entered into upon the company issuing the holiday confirmation form. Note:- the party or group leader (buyer) shall be at least 18 years of age.
1.4 "Price means the price of the hire period referred to in the price tables
1.5 "VAT" means Value Added Tax. [Company VAT registration Number GB 554 403 850]
1.6 "Writing" includes telex, cable, facsimile E-mail, letter and comparable means of communication.
2.0. The Seller's employees or agents are not authorised to make any representations concerning the services unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
3.0 The Buyer will be responsible to the Seller:
3.1 For ensuring the accuracy of the terms of any order submitted by the Buyer
3.2 For giving the Seller any necessary information relating to the hire within a sufficient time to enable the Seller to perform the Contract in accordance with its terms
3.3 Which are required to conform with any applicable statutory or EC requirements.
3.4 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on the terms that the Buyer will indemnify the Seller in full against all loss, (including loss of profit), costs charges and expenses incurred by the Seller as a result of cancellation.
4.0 The Price is inclusive of any applicable VAT, which the buyer will be liable to pay to the Seller. In the event that a VAT receipt is required then this may be posted to the buyer after the hire period is completed.
5.0 Terms for payment are as follows;-
5.1 Bookings and reservations shall only be confirmed upon payment of a deposit. The deposit shall be not less than 30 % of the hire period price. Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller will be entitled to invoice the Buyer for the full Price of the hire period for payment six weeks before the commencement of the holiday.
5.2 If the buyer books the holiday less than 6 weeks from the commencement, then the full charge shall be payable upon sending the booking form to the company.
5.3 The time for payment of the deposit or the full price (in the case of late bookings) is of the essence of the Contract.
5.4 If the Buyer fails to make any payment on the due date, without prejudice to any other right or remedy available to the Seller, the seller will be entitled to :
5.4.1 Cancel the Contract and/or re-advertise the hire period.
5.4.2 If the Seller fails to make available the property for hire (or any instalment) for any reason, the Seller's liability will be limited to the return of the hire price.
6. Cancellation Any cancellation made by the buyer shall be in writing addressed to the company at the address stated at the top of the booking form. On receipt of such notice the company shall endeavour to re-let the accomodation for the entire period of the original booking.
6.1 If the company shall be successful in re- letting the entire holiday period originally booked, it shall refund all monies paid (whether by way of deposit or otherwise) less a handling charge of £25.
6.2 If the company shall be only successful at re-letting for a proportion of the hire period then it shall refund the proportion of monies paid that the period re-let bears to the period originally booked (whether by deposit or otherwise) less a handling charge of £50.
6.3 If the company shall be unable to re-let the holiday period at all, then all monies paid shall be forfeit to the company. [For this reason cancellation insurance is therefore recommended]
7.0 Number of persons using the property advertised above shall not exceed 5 persons (7 persons by special arrangement when agreed in writing). The company is entitled to ask you leave if this condition is broken.
8.0 Pets. Pets are permitted, but dogs must not be left unattended inside the holiday accomodation, the company can ask you to leave if this condition is broken.
9.0 Access. The company and its representatives shall be allowed in to the holiday accomodation at any reasonable time during any holiday occupancy.
10.0 Damage. The buyer shall keep the the holiday accomodation and all furniture, fixture, fittings and effects in the accomodation in the same state of repair as at the commencement of the holiday, and shall leave the accomodation in the same state of cleanliness and general order as it was found.
11.0 Limitation of Liabilties
11.1 The buyer shall be entitled to the protection of the Unfair Contract Terms Act 1977 and accordingly nothing in these conditions shall apply to exclude or restrict any liability which under subsections 2(1) , 6(1) or 7(2) of that act cannot in the relavent circumstances be excluded or restricted.
11.2 Subject to 11.1 above where loss or damage arises from breach of contract, negligence, mis-representation or otherwise, neither the company nor its employees or agents shall be under any liability to the buyer (holidaymaker) or to third parties for any loss or damage howsoever arising save that the company shall at its absolute discretion and without predjudice to the generality of the foregoing refund all monies paid to it by the buyer.
11.3 Where the the Services are provided under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements ) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
11.4 No claim which is based on any defect in the quality or condition of the Services or their failure to correspond with specification may be brought against the Seller :
11.4.1 unless the Buyer: (whether or not delivery is refused by the Buyer) gives notice of the claim in writing to the Seller before the end of the hire period.
11.4.2 Except in the respect of death or personal injury caused by the Seller's negligence, the Seller will not be liable to the buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of Profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the provision of the Services in connection with the Contract will not exceed the price except as expressly provided in these Conditions.
11.5 The Seller will not be liable to the buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of the Seller's obligations in relation to the Goods and/or the Services, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond the Seller's reasonable control;
11.5.1 Act of God, explosion, flood, tempest, fire, or accident;
11.5.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.5.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
11.5.4 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
11.5.5 Difficulties in obtaining fuel or Electrical power supply failure.
12.0 The Contract will be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.