PLEASE READ THIS CAREFULLY WHEN YOU MAKE A HOLIDAY RESERVATION REQUEST
WITH US WHETHER BY EMAIL, TELEPHONE OR POST (THESE CONDITIONS ARE
DEEMED TO HAVE BEEN ACCEPTED BY YOU)
1. Yew Tree Apartments (‘the Agent’) is the Agent of
Alan Frederick Brooks (‘the Owner’) the owner of various
apartments at Yew Tree Farm, Davenham Road, Whatcroft, Northwich,
Cheshire CW9 7RZ (‘the Property’) and the use of the property
is subject by the person or persons renting the same (‘the Holidaymaker’)
is subject to these Terms and Conditions.
HOLIDAY CONFIRMATION AND PAYMENT
(a) Upon the Agent issuing a holiday confirmation form for the Property
to the Holidaymaker as Agent for the Owner, a binding contract shall
exist between the Holidaymaker and the Owner subject to these booking
(b) A holiday confirmation form will be issued to the Holidaymaker
upon receipt by the Agent of a completed holiday booking form or telephone
booking, together with a deposit in respect of 10% of the total rental
charge plus the 50% of the rental charge per property. The balance
of such rental charge shall be paid to the Agent at least 2 calendar
months prior to the commencement of the holiday (the due date is stated
clearly in the holiday confirmation form sent to the Holidaymaker).
Where the Agent has not received the balance by the due date, an overdue
reminder letter will be issued to the holidaymaker and a charge of
£10 will be added to the balance due. If the balance is still
not received, the Agent reserves the right to cancel the holiday booking
and the deposit paid by the holidaymaker will be forfeited and the
Holidaymaker shall have no claim against the Agent for compensation
or reimbursement whatsoever.
(c) Booking forms or telephone bookings received by the Agent in
respect of holidays due to commence within two calendar months thereafter
must be accompanied by payment of the rental charge for the holiday
period in full plus a booking fee of 10% per property.
(i) The prices stated on the website and in our brochure are cash
prices. We incur charges from credit card companies when you pay by
credit card, and therefore a £5 charge will be made for each
payment (transaction) made this way and any charges raised against
the Agent by its bank for handling dishonoured cheques, bank transfers
or any other payment will be reimbursed by the Holidaymaker to the
Agent within 7 days of the Agent’s request to do so.
(ii) Holidaymakers from Overseas must make payment in pounds sterling.
(e) The Agent reserves the right to refuse any booking.
(f) The Agent reserves the right to correct any error in both advertised
and confirmed prices.
CHANGES BY THE HOLIDAYMAKER
3. Immediately upon receipt of the holiday confirmation from the
Agent, the Holidaymaker should
check the details and notify the Agent immediately of any correction.
The Agent reserves the
right to charge the Holidaymaker an amendment fee to administer/correct
any error by the
CANCELLATION BY THE HOLIDAYMAKER
(a) The Holidaymaker should notify the Agent immediately and in writing
of any intention to cancel the holiday. The cancellation only takes
effect when the Agent has received written confirmation from the Holidaymaker.
In the event that such cancellation is made more than 2 calendar months
before the commencement of the holiday, the Holidaymaker shall not
be required to pay the balance of the rental charge.
(b) If the Agent is unable to relet the holiday accommodation for
the period of the cancelled holiday, all monies paid by the Holidaymaker
to the Agent (including booking fees and any fees for extras) shall
be forfeited to the Agent.
(c) If the holiday accommodation is relet, monies received by the
Agent for the relet holiday, less the deposit, booking fee and any
extras already paid by the Holidaymaker, will be refunded to the Holidaymaker
within 2 weeks after the relet holiday has taken place.
(d) Holiday cancellation insurance is not provided by the Agent or
the Property Owner and is not included in the price of the holiday.
All holidaymakers are recommended to take independent advice on appropriate
CANCELLATION OR CHANGES BY THE AGENT
(a) In the event of the Agent being unable to arrange the holiday
accommodation requested by the Holidaymaker, or the Property booked
by the Holidaymaker becomes unavailable for any reason, the Agent
will endeavour to arrange alternative accommodation for the Holidaymaker
of an equivalent type and standard, failing which (at the option of
the Holidaymaker) all monies paid by the Holidaymaker will be refunded.
The Agent will then have no further liability to the Holidaymaker
in that respect.
(b) Neither the Agent nor the Owner is liable for the additional cost
of any alternative accommodation which shall be paid by the Holidaymaker.
(c) If the offer of alternative accommodation is not accepted by the
Holidaymaker within 28 days, the Agent shall refund all monies paid
by the Holidaymaker.
RESPONSIBILITIES OF THE HOLIDAYMAKER
6. During the period of the holiday, the Holidaymaker undertakes
(a) That the number of people occupying the property will not exceed
the number stated on the booking form. If it does the Agent/Owner
can refuse to allow the Holidaymaker to take possession of the Property
or require the Holidaymaker to leave the accommodation before the
end of the holiday. In this event the Agent shall treat the holiday
as having been cancelled by the Holidaymaker and the Holidaymaker
shall have no claim against the Agent for compensation or reimbursement.
(b) That the property will be used solely by the Holidaymaker and
the person or persons named on the booking form and shall not be used
by anyone under the age of 18 years in any event.
(c) To show due consideration for other parties. If the Holidaymaker
abuses the Property or display dangerous or offensive or rude behaviour
to the Agent, the Owner or any third parties, the Agent/Owner reserves
the right to ask the Holidaymaker to leave the accommodation before
the end of the holiday. In this event the Agent will be entitled to
treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker
shall have no claim against the Agent for compensation or reimbursement.
(d) To allow the Agent or his representatives access to the Property
at any reasonable time during the period of the holiday.
(e) To keep the Property and all furniture utensils equipment fixtures
and fittings in or on the Property in the same state of repair and
condition as at the commencement of the holiday and to ensure that
at the end of the holiday the Property is left in the same state of
order and cleanliness in which it was found. The Agent reserves the
right to levy an additional charge for any extra cleaning required
after the Holidaymaker’s occupancy and for any consequential
(f) To report as soon as possible to the Agent any breakages or damage
caused by the Holidaymaker during the holiday and to reimburse the
Agent with the cost of replacement. The Owner reserves the right to
claim from the Holidaymaker the cost of repair or for loss as a result
of damage caused.
(g) To notify all other members of the Holidaymaker’s party
of these conditions.
(h) Not to smoke in the Property.
(i) Not to keep any animals or birds in the Property.
(j) To arrive after 3pm on the arrival day and to vacate the Property
by 10am on the day of departure unless different arrangements have
been agreed with the Agent.
(k) The Holidaymakers’ vehicles and their contents and the Holidaymakers’
personal belongings are left at the Property during (and after) the
period of the holiday entirely at the risk of the Holidaymaker.
(l) The Holidaymaker must not (without the express permission of the
Agent) allow any person other than those booked and staying in the
Property for their holiday to use the facilities and amenities of
(m) Not to permit or suffer anything to be done which would endanger
the policy of insurance in respect of the Property and which might
make it void or avoidable.
(n) Not to use the Property for any illegal or immoral purpose.
(a) The Agent shall accept no liability to the Holidaymaker for any
loss, damage or injury howsoever caused to the Holidaymaker or to
the Holidaymaker’s personal property (or to persons in the Holidaymaker’s
party or their personal property) during their stay at the Property
except to the extent such loss damage to injury is caused by the negligence
or wilful default of the Agent.
(b) The Agent gives no warranty and is not responsible for the accuracy
or otherwise of any information or representations given verbally
by its servants or agents.
COMMUNICATION AND INFORMATION
(a) For the purpose of the Data Protection Acts, all personal and
other information and details collected by the Agent during the course
of its business belong to the Agent and will not be disclosed except
as required by law.
9. These conditions shall be subject to the Law of England and Wales.