For the purposes of these Terms and Conditions, the following
terms shall have the following meanings:
“Agreement” means the
contractual agreement that is entered into between Quintessential Cottages and
the Client pursuant to these Terms and Conditions.
“Balance Due Date”
means, where the Client has paid a Holding Deposit, the final date on which any
balance of the Rental Fee is due, as detailed in the Booking Confirmation.
means the notice sent to the Client by Quintessential Cottages confirming the
information set out in Clause 2.2.
“Booking Enquiry” means
an enquiry by the Client submitted via the Website, or as otherwise agreed
between the Client and Quintessential Cottages, stating the name of the Cottage
to be rented, the Rental Period, the name of the Client and the number of
persons in the Client’s party.
“Client” means the
person(s) named in the relevant Booking Confirmation.
“Cottage” means the
cottage identified in the Booking Confirmation.
“Holding Deposit” means
the deposit to be paid by the Client to secure a booking in accordance with
“party” means the Client
and any family, agents or guests of the Client who use the Cottage as part of
means Quintessential Cottages Limited, whose registered office is 22 Penerley
Road, London SE6 2LQ.
“Rental” means the
short-term holiday rental by the Client of a Cottage from Quintessential
Cottages on the terms of these Terms and Conditions and the Booking
“Rental Fee” means the
price to be paid by the Client to Quintessential Cottages in relation to the
Rental, as detailed in the Booking Confirmation.
“Rental Period” means
the duration of the Rental, as detailed in the Booking Confirmation.
2.1The Client shall request a Rental by submitting a
Booking Enquiry. Quintessential Cottages shall confirm to the Client via e-mail
or telephone whether the Rental is available for the relevant Rental Period and
shall request that the Client sends within 5 business days of such request the
Holding Deposit or, if the Rental Period starts less than 8 weeks after such
date, the full Rental Fee.
2.2Upon receipt by Quintessential Cottages of the
Holding Deposit or, as the case may be, the Rental Fee, Quintessential Cottages
shall send a Booking Confirmation to the Client confirming the following
2.2.1Name of Cottage;
2.2.2Name of Client and the number of persons in the
2.2.5Holding Deposit (if any) received; and
2.2.6Balance Due Date (if any).
The Client and Quintessential Cottages will be deemed to have
entered into an Agreement in respect of the Rental upon issue by Quintessential
Cottages of the relevant Booking Confirmation.
2.3In consideration of the payment of the Rental Fee
by the Client in accordance with Clause 3, Quintessential Cottages agrees that
the Client and its party may occupy the Cottage and may use the furniture,
fixtures and fittings located in the Cottage during the Rental Period.
3.1The Client agrees to pay the Rental Fee shown on
the Booking Confirmation in respect of the Client’s use of the Cottage for the
3.2A Holding Deposit equal to one half of the Rental
Fee is payable at the time of booking, with any balance of the Rental Fee
payable no later than eight weeks before the start of the Rental Period. For
bookings made less than eight weeks before the start of the Rental Period, the
Rental Fee shall be payable in full at the time of booking. If the Client fails
to pay the full balance on or before the Balance Due Date, the booking will be
deemed to have been cancelled by the Client and the terms of Clause 5.1 shall
3.3All amounts under this Agreement are payable in
pounds Sterling. Payments may be made by cheque payable to ‘Quintessential
Cottages’ and posted to the address shown on the Website or via bank transfer
to the bank account notified by Quintessential Cottages to the Client for such
4Undertakings by the Client
The Client agrees as follows:
4.1The Client shall take all reasonable and proper
care of the Cottage and its furniture, fixtures, fittings and effects in or on
the property and leave them in the same state of repair (other than normal and
reasonable wear and tear) at the end of the Rental Period as at the beginning.
Breakages and damage shall be reported by the Client to Quintessential Cottages
4.2The Client shall ensure that the Cottage is left
reasonably clean and tidy at the end of the Rental Period.
4.3The Client shall make each member of his or her
party aware of these Terms and Conditions and shall be responsible for the
actions of all members of his or her party during the Rental Period.
4.4The Client shall permit Quintessential Cottages
and/or its agents to enter the Cottage to inspect the state of it, on
reasonable notice, save in emergency when immediate access must be granted.
4.5The Client shall not use the Cottage or allow its
use for any dangerous, offensive, noisy, illegal or immoral activities or carry
on there any act that may be a nuisance or annoyance to Quintessential Cottages
or to any neighbours to the Cottage.
4.6The Client and his or her party shall comply with
any reasonable regulations relating to the Cottage of which the Client has
written notice. Such regulations will be found in the welcome folder in the
Cottage, including any local conditions regarding parking, waste disposal and
4.7Smoking is not permitted in any part of the Cottage
and neither the Client nor any member of his or her party shall smoke inside
4.8Quintessential Cottages regrets that it does not
accept pets in any Cottage. The Client agrees that it shall not permit any
animal to enter the Cottage.
4.9This Agreement is personal to the Client.The Client shall not use the Cottage
except for the purpose of a holiday by the Client and the Client’s party during
the Rental Period.
number of persons occupying a Cottage shall not exceed the number stipulated in
the Booking Form.
Client will be issued with a set of keys to the Cottage on the first day of the
Rental Period and the Client shall return them on the last day of the Rental
Period or the date of departure, if earlier. Failure to do so will incur the
cost of a replacement set. The Client shall not make any copy of the keys to
Cottage may be located in a rural area and any action by the Client and his or
her party that interrupts or endangers the livelihood of others authorised to
use the Cottage and/or the surrounding land belonging to Quintessential
Cottages, will constitute a breach of this Agreement by the Client.
commence at 4.00pm on the day of arrival and terminate at 10.00am on the day of
departure. The Client agrees to leave the property by such time and acknowledges
that additional amounts may be payable if the Client or his or her party fail
to do so.
internet access is provided, the Client agrees that the internet will be used
forreasonable traffic and in
accordance with all applicable laws and regulations. The Client acknowledges
that Quintessential Cottages accepts no responsibility for any loss of service
or data nor any damage to the Client’s computer equipment caused by connecting
to the internet.
Client shall pay for the costs of all chargeable calls made from the telephone immediately upon request by Quintessential Cottages. Details of telephone calls
which can be made free of charge can be found in the welcome folder. Quintessential Cottages shall provide itemised details of any chargeable calls together with any such request for payment.
Rental Fee includes all charges for water, gas or electricity. The Client
agrees to comply with the instructions found in the welcome folder regarding
the appropriate fuel for use on open fires or stoves within the Cottage. Any
damage caused by using inappropriate fuel will be charged to the Client.
5Cancellations and Refusals
5.1Cancellation Charges: If the Client wishes to cancel a Rental, he or she shall give notice
in writing (including by e-mail) to Quintessential Cottages. If a Rental is cancelled
within two weeks of the arrival date, no part of the Rental Fee will be
refunded to the Client.If a
Rental is cancelled prior to two weeks before the arrival date, a percentage of
the Rental Fee will be refunded, calculated according to a sliding scale as
Cancellation date falling within
following number of weeks of the arrival date
of Rental Fee to be refunded to Client
2 – 4 weeks
4 – 6 weeks
6 – 8 weeks
8 – 12 weeks
12 weeks or more
5.2Changing the date of a booking: The Client may change the date of a booking to an
earlier date, subject to availability and provided that the Rental Fee to be
paid by the Client for the revised Rental shall be the greater of the Rental
Fee for the previously booked date and the Rental Fee for the new date.No booking can be changed to a later
date without cancellation of the original Rental in accordance with Clause 5.1.
5.3Cancellation or alterations by Quintessential
Cottages: Quintessential Cottages reserves
the right to cancel or alter arrangements made for the Client whether before or
during the Rental (a) in any circumstance which arises from or is attributable
to acts, events, omissions or accidents beyond the reasonable control of
Quintessential Cottages or (b) where in the reasonable opinion of
Quintessential Cottages it is necessary to perform or complete essential
remedial or refurbishment works. If a booking is cancelled by Quintessential
Cottages, it will take reasonable steps to offer an alternative booking. If
Quintessential Cottages is not able to offer such an alternative or the Client
does not accept the alternative offered or the altered holiday arrangements (as
the case may be), Quintessential Cottages will return to the Client the
relevant proportion of the Rental Fee paid by the Client to Quintessential
Cottages in respect of the Cottage and will not otherwise be liable for any
loss caused by cancellation or alteration if it arises out of circumstances
beyond its control.
Quintessential Cottages reserves the right to refuse any booking.
IT IS IMPORTANT THAT CLIENTS READ AND UNDERSTAND THE
PROVISIONS OF THIS CLAUSE PRIOR TO THEIR ARRIVAL.
6.1QUINTESSENTIAL COTTAGES ACCEPTS NO LIABILITY FOR
ANY LOSS, LIABILITY, EXPENSE, DAMAGE, COST OR CLAIM (TOGETHER, “LOSSES”) INCURRED OR PAID BY THE CLIENT OR ANY MEMBER OF
HIS OR HER PARTY IN CONNECTION WITH THIS AGREEMENT OR THE RENTAL, REGARDLESS OF
WHETHER SUCH LOSSES ARE DIRECT OR INDIRECT, WHETHER THEY ARISE UNDER CONTRACT,
TORT OR OTHERWISE OR WHETHER OR NOT THEY ARE CAUSED BY THE DEFAULT OR
NEGLIGENCE OF QUINTESSENTIAL COTTAGES OR ITS AGENTS.
6.2Many of the Cottages have steep staircases, narrow
corridors and/or low ceilings and may not be suitable for children or those
with mobility problems. It is the responsibility of the Client to discuss any
Cottages prior to making any booking and satisfying himself or herself of the
suitability of a Cottage for the Client and his or her party. Quintessential
Cottages can accept no liability for the suitability of any Cottage to the
needs of individual Clients.
6.3Quintessential Cottages makes every effort to
ensure that the information and Cottage descriptions contained on the Website
and in any other marketing materials are as accurate as possible but accepts no
liability for any inaccuracy.
6.4Quintessential Cottages accepts no responsibility
for a shortage of water, electricity, gas or any other utility service at the
Cottage where this is as a result of an act or omission of the relevant utility
company or for any other reason outside of Quintessential Cottages’ reasonable
7.1The Client agrees to indemnify and hold harmless
Quintessential Cottages, its directors, employees and agents against any loss,
liability, expense, damage, cost or claim (whether direct or indirect and
including loss of profit and other economic losses) incurred or paid by
Quintessential Cottages arising from the Rental or the use or occupation of the
Cottage by the Client or his or her party.
7.2Without prejudice to the generality of Clause 7.1,
the Client agrees to indemnify and hold harmless Quintessential Cottages, its
directors, employees and agents for the following:
7.2.1the value of any part of the Cottage, furniture,
fixtures, fittings and effects destroyed or damaged as to be incapable of being
restored to its previous condition repair by the Client or his or her party;
7.2.2the cost of repairing any damage to the Cottage,
furniture, fixtures, fittings and effects caused by the Client or his or her
party, where such damaged item is capable of being restored to its previous
7.2.3the cost of additional or unusual cleaning of the
Cottage caused by the use of the Cottage by the Client and his or her party
exceeding what Quintessential Cottages determines to be reasonable rental use or
where the Client has breached the terms of this Agreement.
8Comments and Complaints
Quintessential Cottages welcomes positive and constructive
feedback and is committed to providing an excellent experience to its Clients.
Comments can be sent in writing (including via e-mail) to the address shown on
All reasonable care will be taken to ensure that the Cottage is
presented to visitors to a high standard. In the unlikely event that the Client
has any cause for complain upon arrival or during the Rental, the Client should
immediately inform Quintessential Cottages, which will take reasonable steps to
assist the Client and solve any complaint. Quintessential Cottages will not
refund any Rental Fee in respect of complaints made after the Client's
departure from the Cottage if the Client fails to inform Quintessential
Cottages of the complaint during the Rental.
9Right to Evict
Quintessential Cottages reserves the right to ask the Client and
his or her party to leave the property on immediate notice (without
compensation being payable to the Client or any member of his or her party) if in
the sole discretion ofQuintessential Cottages:
(a)there has been a material breach by the Client of this
Agreement or the behaviour of the Client or any member of his or her party is
such as to endanger the safety of others; or
(b)there has been a non-material breach by the Client of this
Agreement or complaints are received by the Quintessential Cottages of
anti-social behaviour on the party of the Client or his or her party and the
Client has failed to remedy such breach within a reasonable time period stipulated
by Quintessential Cottages.
to exercise: The fact that Quintessential
Cottages does not exercise any of its rights under this Agreement in any
particular incidence of breach or default by the Client shall not constitute a
waiver by Quintessential Cottages of such right in that or any subsequent
10.2Notices: Notices shall be sufficiently served if sent by
first class post or e-mail to the address appearing in the Booking Confirmation
(in the case of the Client) or the Website (in the case ofQuintessential Cottages) or such other
address as each party may from time to time have communicated in writing to the
other. Notices delivered by first class post shall be deemed to have been
delivered 2 business days after posting and notices delivered by email shall be
deemed to have been delivered when sent (in the absence of a delivery failure
report being received by the sender). Any notice to be served on the Client
under this Agreement may be given during the Rental Period by delivery through
the letterbox or putting under the front door of the Cottage and shall be
deemed to have been received upon such delivery.
10.3Severance: If any provision of this Agreement is held by any
competent authority to be invalid or unenforceable in whole or in part the
validity of the other provisions and the remainder of the provision in question
shall not be affected.
Tenancy: This Agreement is for the Rental
Period and is not intended to create the relationship of Landlord and Tenant
between the Client and Quintessential Cottages. The Client shall not be
entitled to a tenancy, or to any assured shorthold or assured tenancy or any
statutory protection under the Housing Act 1988 or other statutory security of
tenure now or upon termination of this Agreement.
Protection: The Client agrees that
Quintessential Cottages may contact it from time to time about its business but
will not share the Client’s personal data with any other party, unless required
to do so by law.If the Client
does not wish to receive any such information, the Client can ask to be removed
from the database at any time by e-mail or in writing.
11Governing Law and Jurisdiction
Law: This Agreement shall be governed by
and construed in accordance with English law.
11.2Jurisdiction: Each party irrevocably agrees that the courts of
England are to have exclusive jurisdiction to settle any dispute which may
arise out of or in connection with this Agreement and that accordingly any
proceedings arising out of or in connection with this Agreement shall be
brought in such courts. This clause is for the benefit of Quintessential
Cottages and shall not limit the right of Quintessential Cottages to take
proceedings in any other court of competent jurisdiction.
12Contracts (Rights of Third Parties) Act 1999
This Agreement does not create any right under the Contracts
(Rights of Third Parties) Act 1999 which is enforceable by any person who is
not a party to it.