BOOKING TERMS AND CONDITIONS
Here is the small print, we know it seems a bore but terms and conditions are here to protect both you and Shadberry's. Therefore please take the time to read through carefully before you make a booking. You will need to adhere to these terms so it's important you understand them before confirming your reservation.
If you would like any clarification give us a call and we can chat through.
1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Shadberry’s LTD, a company incorporated in England and Wales with company number 10304360 whose registered office address is at 22 Hereford Street, E2 6EX.
Cautionary Deposit: a cautionary deposit payable to Shadberry’s LTD one week prior to the Commencement Date completing the Booking in accordance with condition 3.3 which shall be an amount between £350 and £2,000 pursuant to the House Conditions;
Booking: the booking of the Property by You in accordance with condition 3, subject to these terms and conditions and the House Conditions;
Cancellation: a cancellation of the Booking in accordance with these terms and conditions;
Booking Agreement: an agreement between the Owner and You for the letting of the Property;
Commencement Date: the date from which You have booked the Property; Deposit: a deposit of 50% of the total Rental Fee, payable by You to Shadberry’s in accordance with condition 4.5 when making a Booking; Due Date: 3 months prior to the Commencement Date;
House Conditions: any special terms that Shadberry’s notifies to You that the rental of the Property shall be subject to;
Late Departure Fee: an amount equivalent to any and all costs incurred by Shadberry’s as a result of Your late departure from the Property, including (but not limited to) charges incurred as a result of cleaners being prevented from accessing a Property at the departure time;
Owner: the owner of the Property;
Properties: the properties advertised by Shadberry’s;
Rental Fee: the fee payable by You for the use of the Property;
Rental Period: the period which the Property is let to You in accordance with the terms of the Booking Agreement and the House Conditions;
Terms: the terms and conditions set out in this document; and
You: the person or persons making the Booking.
Where the words ‘writing’ or ‘written’ are used in these Terms, this will include e-mail unless stated otherwise.
2. Shadberry’s contract with You
2.1. Shadberry’s acts as a booking agent for the Owner and has been engaged to market the Properties and arrange Bookings.
2.2. Shadberry’s has no proprietary interest in any of the Properties.
2.3. The contractual relationship in connection with the Booking is between the Owner and You, and Shadberry’s are authorised by the Owner to enter into the Booking Agreement on behalf of the Owner.
2.4. These Terms and the House Conditions apply to any Bookings and the relationship between You and Shadberry’s as agent for the Owner.
2.5. Please ensure that You read these Terms carefully, and check that the details You provide in accordance with clause 3 are complete and accurate, before You sign.
If You think there is a mistake or require any changes, please contact Shadberry’s to discuss. Shadberry’s will confirm any changes in writing.
3. Making a Booking
3.1. Bookings may be made by telephone, email, via a partner website or the Shadberry’s website at myshortstay.com
3.2. Where a Deposit is payable in accordance with condition 4.5 and Shadberry’s do not receive the Deposit within 3 days of the provisional Booking being made, Shadberry’s reserve the right to cancel Your Booking and re-advertise the Property.
3.3. When making Your Booking You must specify how many people will be staying at the Property and provide information about each member of the party including their names and ages. Where any person not listed on the booking form is found to be staying at the Property, Shadberry’s, on behalf of the Owner and, have the right to immediately terminate the Booking Agreement and remove You and the entire party from the Property without any refund or alternative accommodation being provided.
3.4. When You submit a booking form, this does not mean that Shadberry’s has accepted Your order. Shadberry’s acceptance of Your order will take place as described in clause 3.5.
3.5. Your Booking will not be complete until You receive a confirmation document.
3.6. Shadberry’s reserve the right to accept or refuse Bookings.
4.1. Payments can be made by electronic transfer, debit card, Visa, Amex or Mastercard credit cards.
4.2. There will be no surcharge for payment made by credit card.
4.3. A Deposit will only be payable when making a Booking more than 3 months prior to the Commencement Date. If a Booking is made 3 months or less before the Commencement Date, full payment of the Rental Fee is required along with any Cautionary Deposit.
4.4. Shadberry’s may, request a Cautionary Deposit pursuant to the terms of the House Conditions.
4.5. Where a Deposit has been paid in accordance with condition 4.5, payment of the balance of the Rental Fee (and the Cautionary Deposit, if requested) must be made by the Due Date.
4.6. If You fail to pay the balance of the Rental Fee, together with the Cautionary Deposit (if requested) by the Due Date, Shadberry’s reserve the right to re-let the Property You have booked and retain any Deposit Shadberry’s have received.
5. Booking changes by You
5.1. Once a Booking has been accepted and confirmed by Shadberry’s in accordance with condition 3, the Booking can only be changed:
(a) with the prior written agreement of Shadberry’s on behalf of the Owner; and
(b) by no later than the Due Date.
5.2. Shadberry’s reserve the right to charge an administration fee of £50 per change made to a Booking. Any administration fee that becomes payable must be paid before the Due Date, or if the Due Date has elapsed, before the Commencement Date.
5.3. Changes to the Commencement Date or to the chosen Property may result in the Cancellation of Your initial Booking and the creation of another. In these circumstances, Shadberry’s reserve the right to charge the cancellation charges which are set out in condition 6.3.
6. Cancellation by You
6.1. You may cancel Your Booking at any time by sending written notice to Shadberry’s Ltd, 22 Hereford Street, E2 6EX or emailing email@example.com
6.2. Where You cancel Your Booking in accordance with this condition 6.2 the cancellation charges set out in condition 6.3 will apply.
6.3. In the event of a Cancellation by You:
(a) if Shadberry’s are unable to re-let the Property for the whole of the Rental Period, You will have to pay the Rental Fee in full (minus any Deposit and Cautionary Deposit paid); or
(b) if Shadberry’s are able to re-let the Property for the whole or part of the Rental Period, You will have to pay the difference between Rental Fee and the fee obtained by Shadberry’s for the whole or part of the Rental Period (minus any Deposit and Cautionary Deposit paid).
7. Property availability
7.1. The House Conditions set out the check-in and check-out times applicable to the Property.
7.2. Where You fail to vacate the Property in accordance with the House Conditions, Shadberry’s reserves the right to charge You the Late Departure Fee.
7.3. If for any reason beyond Shadberry’s or the Owner’s control a Property is not available on the date booked, or the Property becomes unsuitable for letting, Shadberry’s may:
(a) cancel the Booking and refund all payments made by You in full (including the Rental Fee and any Deposit or Cautionary Deposit); or
(b) find You an alternative Property.
7.4. Shadberry’s reserve the right to cancel a booking and return all payments made in full.
8. Use of Property
8.1. Specific terms relating to the use of the Property, including the number of permitted guests, types of use and noise are set out in the House Conditions.
8.2. Shadberry’s reserves the right to refuse You access to the Property and/or to terminate the Booking Agreement if the House Conditions are breached.
9. The letting
9.1. The letting confers upon You the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
10. Your obligations
10.1. You agree:
(a) not to enter the Property before the check-in time specified in the House Conditions on the Commencement Date unless otherwise agreed by Shadberry’s in writing, on behalf of the Owner;
(b) to vacate the Property by no later than the check-out time specified in the House Conditions on the agreed day of departure unless otherwise agreed by Shadberry’s in writing on behalf of the Owner;
(c) to pay for any losses or damages to the Property, caused by You or a member of Your party (reasonable wear and tear excluded);
(d) to take good care of the Property, including but not limited to its grounds, furnishings, pictures, kitchen equipment and other fixtures and fittings, during Your stay and to leave it in a clean and tidy condition at the end of the Rental Period. Should Shadberry’s or the Owner be dissatisfied with the condition of the Property upon Your departure, You will be liable for any charges associated with additional cleaning (such as carpet cleaning or removal of unwanted items) or for damage caused during Your stay;
(e) to permit Shadberry’s, the Owners and their agents reasonable access to the Property for the purposes of inspection, maintenance or repairs;
(f) not to part with possession of the Property, or share it, except with the members of the party confirmed in the Booking;
(g) not to sell or transfer the Booking to another party without Shadberry’s and the Owner’s written agreement;
(h) not to have anyone, other than those detailed on the Booking, staying at the Property; and
(i) to respect the well-being of those occupants of adjoining or nearby properties and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants regarding Your behaviour may result in Shadberry’s, or the Owner, requiring You to leave the Property immediately without a refund of any monies paid by You.
10.2. Shadberry’s recommend that You take out Your own insurance to cover against any damages that may occur. You should ensure that any such insurance covers You for pre-booked UK self-catering holidays.
11. Payments for damages and return of Cautionary Deposit
11.1. Any damages, breakages or the need for additional cleaning that is discovered at the Property at the time of Your departure must be paid for upon departure. If any damages, breakages or the need for additional cleaning is discovered following Your departure, Shadberry’s will invoice You for those damages, breakages or additional cleaning and such invoices will be payable immediately upon Your receipt of them.
11.2. Where a Cautionary Deposit has been provided, Shadberry’s will deduct the cost of any damages, breakages or additional cleaning from the Cautionary Deposit and return the balance (if any) to You within 3 weeks of Your departure. If the amount is greater than the Cautionary Deposit, You must pay for any amount which exceeds the Cautionary Deposit.
12.1. Shadberry’s and the Owner accept no liability for any loss of income or revenue, loss of business, loss of profits or contract, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of Booking Agreement or otherwise, even if foreseeable.
12.2. Nothing in these conditions excludes or limits our liability or, that of the Owners:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.3. Shadberry’s and the Owner accept no liability for complaints or concerns which relate to the Property or to the Property’s condition which You raise after Your departure from the Property. All complaints about the Property and the Property’s condition must be raised in accordance with condition 15.1.
12.4. In all cases, except for personal injury or death, the Owners liability to You for the total of all claims arising out of the letting is limited to the Rental Fee.
12.5. This Booking Agreement is between You and Shadberry’s. No other person shall have any rights to enforce any of its terms.
13.1. You must adhere to the pet policy as set out in the House Conditions.
13.2. Where the House Conditions provide consent to a pet at the Property, You agree to be responsible for cleaning the Property before Your departure so as to remove all traces of the animal being at the Property.
13.3. You will be responsible for any cleaning or other costs that are incurred by Big House or the Owner as a result of You failing to meet Your obligations under condition 13.2.
14. No smoking policy
14.1. None of the Properties permit smoking on the premises.
15.1. Any complaints or concerns that You may have about the Property or the Property’s condition must be communicated to Shadberry’s at the time the issue first comes to Your attention.
15.2. Shadberry’s will accept no liability for complaints or concerns raised by You which relate to the Property or to the Property’s condition which You raise after Your departure from the Property.
15.3. Complaints must not be raised directly with the Owner of the Property.
15.4. If a complaint is not resolved during the Booking, You should write to Shadberry’s within fourteen days providing details and evidence relating to the complaint.
16. Website and advertisements
16.1. All information relating to the Properties has been provided to Shadberry’s by the Owner. Shadberry’s cannot accept any responsibility whatsoever for the accuracy of that information.
17. Termination of the agreement
17.1. If You commit a breach of any of these conditions, Shadberry’s and the Owners reserve the right to re-enter the Property and terminate the Booking Agreement with immediate effect and with no sums (of whatever nature) refunded to You.
17.2. Termination of the Booking Agreement pursuant to this condition 18 does not affect the Owner’s other rights and remedies.
18. Changes to Terms
18.1. Shadberry’s may revise these Terms from time to time.
18.2. If Shadberry’s has to revise these Terms under clause 18.1, We will give You at least 1week’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 6.
19. How Shadberry’s may use Your personal information
19.1. Shadberry’s will use the personal information You provide to:
(a) facilitate the Booking;
(b) process Your payment for the Booking; and
(c) inform You about similar products or services that Shadberry’s provide, but You may stop receiving these at any time by contacting Shadberry’s.
19.2. You agree that Shadberry’s may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
19.3. Any information provided to Shadberry’s on the Booking Form in accordance with clause 3.3 may need to be provided to the Owner but will not otherwise be disclosed to any third parties without Your consent, subject to clause 19.2.
20. Jurisdiction and governing law
20.1. These Terms are governed by English law. You agree to submit to the non- exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
21.1. Shadberry’s may transfer their rights and obligations under these Terms to another organisation, and will notify You in writing if this happens, but this will not affect Your rights or Shadberry’s obligations under these Terms.
21.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.3. If Shadberry’s or the Owner fails to insist that You perform any of Your obligations under these Terms, or if Shadberry’s or the Owner do not enforce the Owner’s rights against You, or if Shadberry’s or the Owner delays in doing so, that will not mean that Shadberry’s or the Owner has waived its rights against You and will not mean that You do not have to comply with those obligations. If Shadberry’s or the Owner does waive a default by You, Shadberry’s or the Owner will only do so in writing, and that will not mean that Shadberry’s or the Owner will automatically waive any later default by You.
The Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.