1. Nature of the Agreement
1.1 –Underscar are an agent for the Owner and the contract for the rental of the Holiday Property is made between you and the Owner (not Underscar). As Underscar act as an agent for the Owner we accept no liability for the acts or failure to act of the Owner. In particular, we cannot accept liability for any act or neglect by the Owner or for any faults or problems with the Holiday Property. Our responsibility to you is limited to making and processing the Holiday Let in accordance with your instructions.
1.2 – The Holiday Let is granted by the Owner to you for the purpose of a holiday. You agree that your Booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights other than the right to occupy the Holiday Property as holiday accommodation for the Holiday Period. The Holiday Let (including without limitation any long let) is not an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977.
1.3 – If we are found to be at fault for any service we have provided (as opposed to any service provided by the Owner) we will not pay more than the commission we have earnt in relation to the Booking concerned together with your reasonable expenses.
1.4 – We do not limit or exclude any liability for death or injury caused by our negligence or for any criminal act.
2. Making your Booking
2.1 – All bookings depend on the Holiday Property being available. You, as the party leader, must be at least 18 years old at the time of booking. You confirm that you are authorised to book the Holiday Let and that all other members of your party agree that the Holiday Let will be governed by these Terms and Conditions. You, as the party leader, are responsible for making all payments due to us.
2.2 – As long as the Holiday Property is available and we have received all the relevant payments from you, we will send you the deposit/final receipt as soon as reasonably possible. The receipt will show, among other things, details of the Holiday Let, the amount you have paid and the amount you still owe. Your binding contract with the Owner will only begin when we issue you with the receipt on behalf of the Owner and no contract exists until that time.
2.3 – If we accept a payment or send you an email or other communication it does not mean we have accepted a booking unless we have issued you with the receipt. Please do not make any travel arrangements until we have issued you with a receipt. We will send you your receipt either by post or by email. If you book with us online, we will send your receipt by email. If you book by post or phone, we will send your receipt to you by email. It is your responsibility to check your emails regularly and to let us know about any change to your email or postal address.
2.4 – When you receive your receipt, please check the details carefully. If anything is not correct, please tell us immediately. If you book through a travel agent, we may send your receipt and all other documents to your travel agent
2.5 – Where we offer the option of a provisional telephone booking, the Holiday Property will be released for general sale after the agreed time period unless you fully confirm the Booking. As mentioned, no Holiday Let exists until we have sent you a receipt.
2.6 – Underscar, on behalf of the Owner, has the right to cancel or to refuse a Holiday Let at any time where we reasonably believe that (a) you are likely to breach these Terms and Conditions; (b) any details supplied by you in relation to your Booking are incorrect; or (c) you have behaved in an abusive, threatening or unlawful manner to an Owner or to our staff. If we cancel your Booking, we will tell you in writing and neither we nor the Owner will have any liability to you.
3. Suitability for your needs
3.1 – The details in Underscar’s website are intended to present a general description of holiday properties and not all details can be included. There may be small differences between a Holiday Property and its description.
3.2 – We cannot be responsible for any inaccurate information relating to a Holiday Property unless this was caused by Underscar’s negligence.
3.3 – You should take reasonable steps to ensure that the Holiday Property is suitable for your needs before you book. This may include issues such as property type, location, access, facilities, layout, stairs, grounds/garden and so on. Underscar will answer any queries about properties in order that you can make an informed decision about a property’s suitability prior to making a booking.
3.4 –If you or any member of your party has any disability that may affect your stay at a Holiday Property, please let us have details before you book. If the Owner reasonably feels unable to meet that person’s needs, they may decline or cancel a Holiday Let.
3.5 – We cannot be liable for any changes to local services or attractions.
Underscar are the agents of the Owner and are duly authorised to act on the Owner’s behalf in matters relating to the Holiday Let in accordance with the Terms and Conditions
5. Your Stay
Where a Holiday Let has been confirmed, the Owner permits you to occupy the Holiday Property for the Holiday Period for the Holiday Cost. For the avoidance of doubt, further information may be obtained by calling 017687 75544.
6. Your Obligations You and your Party must:
6.1 – allow the Owner and/or Underscar access to the Holiday Property with or without you or your Party being present if certain circumstances or emergencies happen, for example: to enable maintenance or repair work to be carried out, to enable the Owner and/or Underscar to comply with all relevant statutory requirements and the requirements of regulatory bodies, to inspect the Holiday Property (including where a complaint has been made) and to allow visits (following advance notification to You) by inspectors representing Visit England. The Owner and/or Underscar may also enter the Holiday Property if you break these Terms and Conditions;
6.2 – keep the Holiday Property and its contents (including furnishings, kitchen equipment, crockery, glasses, bedding and towels) clean and in good condition and be responsible for the cost of repairing any damage to the same. You may be asked to sign an inventory of contents;
6.3 – not cause any damage to any part of the Holiday Property, its fixtures, fittings, contents, décor, equipment or grounds. Failure to uphold these obligations may lead to a claim against you for costs;
6.4 – leave the Holiday Property in the same condition as you found it on arrival;
6.5 – behave in a way that does not break the law while at the Holiday Property;
6.6 – not sublet the Holiday Property or allow any person to stay in who is a not a named member of your party;
6.7 – tell us or the Owner about any damage to the Holiday Property or its contents as soon as possible;
6.8 – not do anything that may reasonably be considered to cause a nuisance or annoyance to anyone or act in an anti-social manner;
6.9 – not smoke in any part of the Holiday Property. If it is reasonably believed that smoking has occurred during your stay you may be required to vacate the Holiday Property and forfeit the remainder of your booking. If we or the Owner reasonably believe that smoking has occurred a charge may be made to rectify this up to and including liability for the cost of cancelling all or part of any subsequent booking if the Holiday Property has been rendered uninhabitable;
6.10 – not do or permit any act reasonably likely to make any insurance policy on the Holiday Property void or voidable or increase the premium and including over occupation of the Holiday Property, i.e. no more than the advertised number of occupants designated for the Holiday Property may occupy the Holiday Property to include infants/babies. You must not permit temporary visitors to the Holiday Property to stay overnight nor block any fire escape routes or access to opening windows. Should you breach this term you may be required to vacate the Holiday Property with the Holiday Let being treated as if it had been cancelled by you. In such a situation you will forfeit the value of any unexpired portion of your stay and no consideration will be made towards any associated costs you may incur as a consequence of you being required to vacate the Holiday Property;
6.11 – not arrange for or allow visitors to the Holiday Property without the prior agreement of the Owner or allow anyone who is not a member of your Party to stay at the Holiday Property;
6.12 – not bring any pet to a Holiday Property which is advertised as not allowing pets, otherwise an additional cleaning charge may be made to you for any additional work required to render the Holiday Property habitable for any subsequent guests who may suffer from an allergy. In addition an Owner may refuse to allow pets (other than genuine assistance animals) access to a Holiday Property where they are not allowed. We cannot guarantee that any Holiday Property will not have had an animal in it;
6.13 –vacate the Holiday Property by 10.00 am on the departure date. Failure to do so may result in you being charged a further day’s proportionate holiday cost at the prevailing tariff into which your occupation extends.
7. Unreasonable Behaviour
Owners can refuse to allow access to Holiday Properties if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests, to members of staff or to neighbours, or if the Owner reasonably believes that you or any member of your party will cause damage to the Holiday Property. If this happens, the contract between you and the Owner will end and you will not receive any refund and neither we nor the Owner will have any further liability to you.
8. Payment and Pricing
8.1 – You must pay one third of the Holiday Cost, of the cost of any selected extras (payable for each week or part week booked) and the booking fee (in full) by debit or credit card, when placing your booking with Underscar. The balance of the Holiday Cost and of the cost of any extras is due eight weeks before the Commencement Date.
8.2 – Where you have chosen to buy extras through our website (such as leisure passes or logs) your agreement is with the provider and not with Underscar and Underscar is not responsible for any item bought in this way.
8.3 – Where a booking is made less than eight weeks before the Commencement Date you must pay in full when booking the Holiday Let.
8.4 – No additional charge will be made for payments made by debit card, credit card or cheque.
8.5 –If you do not make any payment due by the specified date we, on behalf of the Owner, are entitled to assume that you want to cancel your booking and your booking will be cancelled immediately. In this case you may have to make additional payments.
8.6 – Underscar acts as an agent and other than the booking fee (which we may charge ourselves for the services we provide in administering your booking) all charges (including cancellation charges) and refunds are made for and on behalf of the Owner.
8.7 – The prices of unbooked properties may be changed at any time. The price of the Holiday Let will be confirmed in the Booking Form. Please check the price and all other details after you receive the Booking Form and let us know as soon as possible if you have any questions.
8.8 – Prices are for the Holiday Property as a whole and are not linked to the size of your party. No compensation is payable if any member of your party does not occupy the Holiday Property.
9. The Holiday Period
9.1 – The Holiday Period will commence at 4.00 pm on the Commencement Date and you must have vacated the Holiday Property with your Party and all your property by 10:00 am on the departure date. Failure to do so may result in you being charged a further day’s proportionate Holiday Cost as per condition 6.13.
9.2 – Bookings lasting longer than 28 days are treated as ‘long lets’. All terms included for standard shorter duration bookings apply to long lets. In addition, the following conditions also apply:
9.3 – The Holiday Property is let to you for the purposes of an extended holiday only and no rights of tenancy are implied through a stay lasting longer than 28 days. Occupancy of the Holiday Property is restricted to one party only and Underscar may ask for details of the members of the party to ensure the Owner’s insurance is not invalidated through over occupancy or any other reason pertaining to an unsuitable party composition (e.g. bringing a dog to a Holiday Property which is advertised as not accepting dogs).
9.4 – Fair usage of utilities is a condition of long lets. The owner reserves the right to terminate any long let where the Owner believes that an excessive use of utilities (electricity, gas, water, broadband services) has occurred. Any damage to the Holiday Property or its contents must be reported as soon as possible during the stay, not after departure, to allow for investigation. Failure to report damage to the Holiday Property during your stay may result in the damage being harder and more costly to rectify. See clauses 6.2, 6.7, 11.1 and 11.2.
9.5 – Cleaning and linen changes for long lets are subject to agreement on an individual basis. There may be extra charges for cleaning and linen/ towels depending on the frequency required for these services. We will agree these charges with you before confirming the booking.
10. The Good Housekeeping Deposit
10.1 – The Good Housekeeping Deposit (the cost of which is stated on the Booking Form) will be held by Underscar on behalf of the Owner to be applied against the reasonable costs of miscellaneous repairs and/or replacement and additional cleaning of the Holiday Property, including to furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by you or other members of your Party. The balance of the Good Housekeeping Deposit (if any) will be returned to you within 14 days of the Departure Date where Underscar (on behalf of the Owner) or the Owner agrees that you have no liability to such costs. Where such costs exceed the Good Housekeeping Deposit, you must pay the excess to Underscar 14 days of being notified of the amount.
11. Keys and Parking Permits
11.1 –You must return the keys to the Holiday Property to Underscar or to the Holiday Property’s keybox where applicable on the Departure Date as directed by Underscar. If you lose a key, Underscar will replace it for a fixed charge of £50. Alternatively, this fee will be deducted from the Good Housekeeping Deposit.
11.2 – If a parking permit(s) are issued to you, you must return these as directed to either the Holiday Property or the Underscar office as appropriate. Failure to return the permit upon departure will result in a fee of £50 being charged to you.
12.1 – Fuel is charged by meter readings and billed after your stay. The Owner reserves the right to charge you for any use of telephone, TV services or Wi-Fi that they reasonably believe to be excessive.
12.2 – Fuel for open fires/stoves is not provided unless specifically advertised as being provided. If inappropriate fuel is used on an open fire or stove you will be liable for the cost of making good any damage. If you are in any doubt about how to use an open fire/stove or what fuel to use, you must first check with Underscar.
Wi-Fi is usually provided free of charge but there are exceptions and, if so, this will be made clear in the Holiday Property’s particulars. No warranty is given as to the speed of Wi-Fi service nor its reliability as these factors vary considerably according to location, service provider and other factors. Wi-Fi service is provided with the expectation that speeds/ data allowance may be limited and no compensation will be given as a consequence of slow speeds / over consumption of data usage. If there is a data allowance limit advertised and you use up the advertised data usage allowance during your stay, the Owner reserves the right to either:
Wi-Fi may not be available at all times and is provided for personal use only, and not business purposes. Bookings cannot be accepted if they are solely reliant on the provision of uninterrupted and unlimited Wi-Fi.
13.1 –Cots and high chairs can be ordered (if available) – please request at time of booking which is shown on the booking form. Cots, where hired, are travel cots and only supplied with padded bases. High chair type may vary from property to property. You must provide all baby bedding and linen.
13.2 – The Owner will not be responsible for providing food, washing up liquid, dishwasher and washing machine powders or other such items.
13.3 – Save for any baby linen, which you must provide yourself if required, clean bed linen will be provided at the commencement of the Holiday Period. No change of bed linen will be provided except where the duration of the rental period exceeds a period of 14 days in which case a change of bed linen and towels and full clean of your accommodation will be provided midway through your stay and usually on the 8th day of your holiday, i.e. Saturday for Saturday changeovers and Sunday for Sunday changeovers.
13.4 – You may refuse this additional service of linen, towel change and full clean by contacting us prior to the day when the clean is scheduled to take place.
13.5 – One standard size bath towel and one hand towel are provided at some properties for you and each member of your Party. A pool towel is also available for your use.
13.6 – In case of any failure of any domestic appliances and equipment, you must report the failure as soon as possible to allow attempts to repair such items wherever practicable.
The Holiday Property must not be used except for the purposes of a holiday by you and your Party during the Holiday Period and not for any other purpose or longer period.
15. Early Termination
This Holiday Let may be terminated before the end of the Holiday Period by the Owner or Underscar (as agent for the Owner) directly giving you notice of termination in the event of you or a member of Your Party being in serious breach of these Terms and Conditions. The Holiday Let may also be terminated by reason of fire or other event which renders the Holiday Property uninhabitable. .
16.1 – Underscar and the Owner do not expect to have to make any changes to your Holiday Let. Sometimes problems do occur however and Underscar (as agents for the Owner) reserve the right to cancel the Holiday Let where circumstances cause the Holiday Property to become unavailable or uninhabitable during the Holiday Period. In such circumstances Underscar (on behalf of the Owner) will endeavour to offer an alternative property from the Underscar Portfolio to you from the Commencement Date to the Departure Date. Should Underscar (on behalf of the Owner) cancel the Holiday Let in this way and you do not accept an alternative property, or a suitable alternative property is not available, a refund will be made to you of all monies you have paid to Underscar in relation to the Holiday Let.
16.2 – In any case where an alternative property offered to you costs more than the original property booked, and you accept the alternative property offered, you will have to pay the balance of the cost between the lower and higher cost properties. Where an alternative property is offered to you and the alternative costs less than the original property booked, and you accept the alternative property option, you will be refunded the balance of the cost between the higher and lower cost properties. Underscar will have no further liability to you.
17. Cancellation by You
17.1 –If you cancel the Holiday Let, you are still liable to pay the balance of the Holiday Cost.
17.2 – Underscar (as agents for the Owner) will seek to re-let the Holiday Property at the best price achievable for the Holiday Period (but not necessarily at the Holiday Cost advertised on Underscar’s website). If the Holiday Property-lets for the Holiday Period, monies received by Underscar as agents for the Owner for the re-let will be used to refund you for the Holiday Cost you have paid less an administration fee of £30.00, any extras already paid for (which are not refundable) and a handling charge of £50.00. This refund will be made within two weeks of the end of the Holiday Period.
17.3 –No refunds will be given for cancellations made within the four-week period prior to the Commencement Date of the Holiday Period.
17.4 – If you voluntarily leave the Holiday Property before the end date of the Holiday Period, no refund will be given in respect of the portion of the Holiday Period when you do no not occupy the Holiday Property.
18. Website Accuracy
Underscar reserves the right to make alterations to their website at any time and you are advised to view the most up to date details of the Holiday Property on the Underscar website.
19. Lost Property
Underscar will retain any items left at the Holiday Property for a period of 28 days from the Departure Date. Items left by you will be returned to you if requested, at a cost of £15.00 plus postage and packing. Underscar do not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned.
20.1 – If pets are permitted in the Holiday Property this will be stated in Underscar brochure/website. Pets (other than genuine assistance animals) are not allowed unless clearly stated. Pets are not allowed onto the furniture or (other than genuine assistance animals) into bedrooms and are not to be left alone in the Holiday Property or in the grounds of the Holiday Property. At the Departure Date no sign that the pet has been at the Holiday Property or grounds shall be evident and no nuisance or annoyance shall be caused by the pet (including excessive noise). If pets are permitted in the Holiday Property, no guarantee is given that the Holiday Property will have a secured enclosed garden or other means to secure the pet outside. See also condition 6.12.
20.2 – Neither the Owner nor Underscar can give any warranty or undertaking to you or any member of your Party that any Holiday Property is suitable for sufferers of pet related allergies.
Neither the Owner nor Underscar can accept responsibility or pay any compensation where they are prevented from carrying out any obligation to you under these Terms due to events beyond their control including the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage, adverse weather conditions, neighbouring building works, noise disturbance, burglary, criminal damage, riot, industrial action, natural disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services, epidemic, infestation by pests and/or similar situations beyond the control of the Owner or Underscar, either before the Commencement Date or during the Holiday Period.
If the Holiday Property has the benefit of an on-street parking permit or any other form of parking permit you will be responsible for any fines imposed for failure to display the permit as directed by Underscar. You or members of your party must park only in the designated parking areas, if provided, and not cause any obstruction. Parking may not always be directly outside of your Holiday Property Please refer to your directions to the Holiday Property for more details
No liability is accepted by the Owner or Underscar for access difficulties to the Holiday Property caused by weather conditions affecting access. We try to keep you informed of adverse weather conditions via the Underscar website /social media, which may affect public or private access to the Holiday Property, however, road and transport conditions can change rapidly. Therefore, you are strongly advised to seek the latest information relating to access prior to setting off on your journey.
24. Water/Utility Supply
24.1 – Neither the Owner nor Underscar as agents can accept responsibility for water shortages caused as a result of drought conditions, emergency works by utility operator(s) (to include electricity, gas or Wi-Fi) or an act of omission of the relevant utility operator or any other cause outside the control of the Owner or Underscar.
24.2 If the Holiday Property has a private water supply you are advised to boil water before drinking or using it in cooking.
25. Refuse Collection
You are required to put refuse/recycling in the appropriate place to await collection in accordance with the instructions left at the Holiday Property. You are also required to return the bin to the appropriate location following collection. Please notify Underscar if a collection is missed.
26.1 If problems do occur for whatever reason, please contact Underscar as soon as possible on our service number. This number is given on booking confirmation correspondence, customer feedback forms and property information folders within properties.
26.2 Some properties are managed by the Owner, not Underscar. If this is the case contact details for the Owner or their Owner’s approved contractor(s) will be left in the property information folder. The Owner or their appointed representative /contractors should be the first person you call if there is a fault in the Holiday Property, not Underscar if the owner arranges his/her own maintenance and housekeeping arrangements. Otherwise your first contact point will be Underscar who act on behalf of the Owner.
26.3 You must always notify us or the Owner as soon as possible as it is often difficult or impossible to resolve a problem once time has passed and particularly where you have left the Holiday Property.
26.4 Most complaints are resolved quickly however if a complaint is not resolved by our own staff, the Owner, or associated contractors on behalf of the Owner following your first report, we will put into place the following procedure:
26.5 The following procedures shall apply:
26.5.1 If you are staying at the Holiday Property when the unresolved complaint is escalated, then you must contact our offices by telephone, email or in person to report the issue(s) at the earliest opportunity and provide evidence if possible.
26.5.2 We can be contacted 7 days a week on our switchboard number (017687 71500). This number is given on booking confirmation correspondence and property information folders within properties.
26.5.3 If you do not have phone reception at the location where you are staying you must make reasonable efforts to make a call from a nearby public telephone or send us an email.
26.6 In order for us to respond to a complaint in these circumstances it is essential that you give the Owner or Underscar (on behalf of the Owner) reasonable opportunity to rectify the problem. This includes allowing Underscar staff or contractors (on behalf of the Owner) access to the Holiday Property at a reasonable time to assess and rectify any problems (see condition 13.6). No compensation will be offered (on behalf of the Owner) where opportunity to rectify problems is denied by you. You must not vacate the Holiday Property as a consequence of any complaint raised by you (unless there is an evident danger to you or your party) until the complaint can be assessed by Underscar or the Owner and reasonable attempts to rectify the problem(s) can be attempted. Any consideration of compensation will be affected by you allowing or frustrating such reasonable attempts to rectify any problem(s).
26.7 Where appropriate, we may need to contact the Owner to seek permission to undertake repairs on their behalf and in any case we will always advise the Owner in the first instance of any cause for complaint. Please note that the Holiday Let is an agreement is between you and the Owner.
26.8 If you are not satisfied by the attempts to resolve the problem(s) and you have left the Holiday Property, you are requested to put your comments in writing (by email, letter or Customer Questionnaire) and send to Underscar Owners Club Limited, Underskiddaw, Applethwaite, Keswick, CA12 4PH. We will endeavour to respond (on behalf of the Owner) to all such complaints within 28 days of receipt. Where this is not possible you will be advised of the estimated resolution timescale.
27. Data Protection
Please see our Privacy Notice which is available on our website at https://underscar.co.uk/privacy-policy/ and which explains how we process your personal data.
28. Promotion Code Terms And Condition
28.1 – Specific terms may apply to special offers and promotions. Promotion codes entitle you, at the time of ordering, to a saving on a new holiday or a gift.
28.2 – Underscar reserves the right to decline to accept bookings or gifts where, in its opinion, a promotion code is invalid for the booking being placed.
28.3 – Promotion codes are only valid on specific holidays and may be withdrawn at any time.
28.4 – Only one promotion code can be used per booking.
28.5 – Promotion codes are not valid in conjunction with any other promotion.
28.6 – Underscar reserves the right to change these Terms and Conditions at any time.
29. Applicable Law
These Terms and Conditions are governed by English law.
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