|
|
Booking Terms & Conditions:
Kilmichael Point - The RockethousePlease read these with care. When you
book a holiday stay with us you are entering into a binding
contract. Your booking deposit is your acknowledgment that you have
read and all guests and members of the holiday party fully
understand and agree with the terms outlined below.
1. Note especially that; (i) Kelly
Enterprises, L.T.D. ("the Owner"). (ii) references to 'you' or
'your' relate to the person making the booking and all members of
the holiday party (iii) issue of a written Holiday Confirmation Form
to you, the Owner enters into a contract with you, which is subject
to these Booking Terms and Conditions.
2. Your Booking
Bookings only secured upon payment of a deposit. You must be over 18
years of age at the time of making your booking - Your booking is
made as a consumer and you accept that we will not be liable for any
business losses you may incur - Receipt and banking of any deposit
monies will not constitute acceptance of a booking. We can refuse
any booking before we have issued a written Holiday Confirmation
Form, and we will promptly return any monies you have paid and be
under no other liability - As soon as you receive a written Holiday
Confirmation Form, you must check it carefully. If there are any
errors you must tell us immediately.
3. Payment
After you have paid the deposit, the balance of your holiday cost
must be paid not later than 8 weeks before its start date. The date
your balance monies are due is clearly stated on the Holiday
Confirmation Form. We do not send out final reminders. This saves
paper and administration costs, reflected in our prices. Non payment
of your balance monies, when they become due, will constitute
cancellation of the holiday and forfeiture of the deposit payment.
If we do not hear to the contrary the balance will automatically be
charged to the same credit card as that with which the original
deposit was made 8 weeks before arrival - If you book your holiday
less than 8 weeks from its start, the full holiday cost must be paid
before we can issue the written Holiday Confirmation Form. You must
pay for such a booking by credit card unless we have specifically
agreed to an alternative method of full payment - The brochure
prices are cash prices. We incur charges from credit card companies
when you pay by credit card, and therefore a 3% charge will be made
for each payment made this way
4. Cancellation or Changes by You
If you have to cancel your holiday, for whatever reason, you must
immediately write, fax or e-mail us at the address below (also on
your Holiday Confirmation Form) to tell us why, marking the
envelope; 'cancellation'. Your cancellation only takes effect when
we receive written confirmation from you. It can be prudent to
purchase holiday cancellation insurance, although we are not allowed
to recommend specific policies or insurance companies to you. If you
do not have cancellation insurance, and have to cancel your holiday
because of death, illness, accident, jury service, qualifying
redundancy or cancellation of leave by armed forces or police of any
member of the holiday party or their partner, child or parent, which
prevents the holiday taking place, then the following Cancellation
Charges are payable. Cancellation incurs administration costs and
carries the risk that it may not be possible for the holiday to be
resold.
|
Number of Days
Before Start of Holiday That Written Notice of Cancellation is
Received |
Amount of
Cancellation Charge Shown as a Percentage of the Holiday Price |
|
More than 90 days
(13 weeks) |
Deposit is returned less $75.00 /
€60.00 administration charge |
|
56 to 90 days (8
to 13 weeks) |
50% or first week's rental,
whichever is less, unless the property is successfully re-let,
in which case your deposit and balance will be returned less
$75.00 / €60.00 administration charge. |
|
Less than 56 days
(8 weeks) |
100% unless the property is
successfully re-let, in which case your deposit and balance will
be returned less $75.00 / €60.00 administration charge. |
If the reason for cancellation is
covered under the terms of an insurance policy, you may be able to
reclaim these charges, less any excess - Where there is no
qualifying reason for cancellation, as detailed above, any monies
paid up to and including the date of cancellation will not be
refunded - Changes - If it is possible to accommodate changes you
want to make to your booking (before you have paid the final
balance) we charge an administration fee of $75.00 / €60.00, and
will issue a revised Holiday Confirmation Form. If you have already
paid your final balance, we cannot consider any requests for changes
to the booking. Should you then wish to cancel the booking, this
action will be regarded as having no qualifying reason for
cancellation as detailed above.
5. Ownership of the Holiday
Accommodation
Please note that the Owner/Caretaker is entitled to ask you to leave
the holiday property, without refund of monies paid or any other
liability to you, if in their reasonable opinion your behavior is
unacceptable. This applies to any visitor you may have at the
property. (see Condition 12)
6. E-Brochure Accuracy
We do everything we can to ensure the accuracy of the information
contained in our electronic brochure. However, the holidays we offer
are often planned many months in advance, and some of the
information and prices shown may have changed by the time you come
to book your holiday - and at the time of e-printing errors
unfortunately can happen. It is important that you make sure you
check all details of your chosen request, including the price, at
the time of making your booking. Because we, the Owners are always
trying to improve services and facilities, sometimes there may be
small differences between the holiday accommodation/other services
and the description given. Additionally for a number of reasons
outside our control - weather conditions, repairs and maintenance
etc. - some facilities or services may become unavailable. As soon
as we become aware of any such situation, we will always tell you as
soon as possible, if we believe your holiday is likely to be
affected. However, we cannot accept responsibility for changes to or
closures of local amenities/facilities and attractions etc.,
referred to in the e-brochure, which clearly are not under our
control. All distances are approximate.
7. Cancellation or Changes by
Owner
Once we have issued you with a Holiday Confirmation Form we will do
our very best not to make any changes to your booking or to cancel
it. Sometimes though changes do occur before and after bookings have
been confirmed, and occasionally confirmed bookings have to be
cancelled. We promise to do all we can to avoid changes and
cancellations but must reserve the right to do so. We promise we
will only cancel confirmed bookings less than 8 weeks before
departure where you have failed to make all payments due in full or
on time, or where we are forced to do so as a result of
circumstances outside out control. Most changes are minor. All other
changes are treated as 'minor' changes. If the change is significant
or we have to cancel - we will offer you the following choices; (i)
accepting the significant change (ii) purchasing alternative
arrangements from us and at a similar time of year as your original
booking, if available. If this alternative is less expensive than
the original, we will refund the price difference - if it is more
expensive, we will ask you to pay the price difference (iii)
canceling or accepting the cancellation whereupon you will receive a
full and speedy refund of all monies you have paid to us. You must
tell us as quickly as possible which of the above options you wish
to take. Please note these options are not available in respect of
minor changes. If we are forced to make a change or cancel as a
result of unusual or unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with all
due care our liability is also limited to refunding any reasonable,
foreseeable receipted sums that you may have reasonably spent in
connection with your holiday booking, and which you cannot recover.
No other compensation will be payable. The Owners, its servants or
agents, shall not be liable for loss or damage to any baggage,
goods, vehicles or other items, articles of property of any kind
belonging to or traveling with you whether such loss occurs as a
consequence of accidental damages, fire, theft or other cause.
| No. of Days
Before Departure that a Significant Change or Cancellation is
Notified to You |
Compensation Per
Party |
| More than 56 days
(8.1 weeks) |
0 |
| 43 to 56 days (6.1
to 8 weeks) |
$35 |
| 29 to 42 days (4.1
to 6 weeks) |
$50 |
| 15 to 28 days (2.1
to 4 weeks) |
$80 |
| Less than 14 days (2
weeks) |
$100 |
Please note - if we are forced to
make a change or cancel as a result of unusual or unforeseeable
circumstances beyond our control, the consequences of which we could
not have avoided even with all due care, compensation will not be
payable and no liability beyond offering the choices mentioned above
can be accepted - Compensation is not payable for minor changes or
significant changes or cancellations more than 8 weeks before
departure - Compensation in General - in all cases not specifically
covered by the above, where we are liable to pay compensation to
you, we limit our liability to a maximum of the cost of the holiday.
8. Force Majeure
Compensation payments do not apply where the performance of our
obligations, is prevented or affected by 'force majeure'. For the
purpose of these booking conditions this means any event which we
the Owner could not, even with all due care, foresee or avoid.
Examples are; riots, war or threat of war, terrorist activity, civil
strife, natural or nuclear disaster, industrial dispute, adverse
weather conditions, fire, epidemic or health risk, technical
problems to transport; port or airport closures and similar events
beyond our control.
9. Number of Persons Using the
Holiday Accommodation: Your holiday group must not exceed the
maximum number of persons as detailed on the Holiday Confirmation
Form. If it does the Owner/Caretaker can refuse to allow you to take
possession of the property or to make you leave the accommodation
before the end of the holiday. If this happens we will treat
your holiday as having been cancelled by you and you will not be
entitled to a refund of your holiday monies or compensation. We will
give you the option of making an immediate payment directly to the
Owner/Caretaker for occupancy to be permitted up to the maximum
number of persons the property sleeps.
10. Pets
Pets are NOT allowed at the property. If you take a pet to
the property the Owner/Caretaker can refuse to allow you to take
possession of the property or make you leave the accommodation
before the end of the holiday. If this happens we will treat your
holiday as having been cancelled by you as detailed in Condition 9
above -
11. Arrival and Departure
Unless stated otherwise on your Holiday Confirmation Form, the
normal time of occupation is 4.00pm on the holiday start date. You
must vacate the property before 11.00am on the last day. (to give
our staff time to clean the houses). In some cases it may be
possible to arrange an earlier check in. Please let us know your
expected time of arrival at least 7 days before arrival so that we
can have someone there to let you in. - Please follow the
instructions on how you should confirm your approximate arrival time
and for key collection arrangements etc., which will be clearly
stipulated on your Holiday Confirmation Form - Please advise the
Owner/Caretaker of any arrival delay the moment you become aware of
it so that suitable arrangements can be made for later entry to the
property - You must telephone the Owner/Caretaker. This line has a
24 hour answer machine operates, in which instance you should leave
clear details of your name, local contact telephone number, booking
reference number, and a brief message - If you do not follow the
above procedures, and delayed arrival has prevented you from
accessing the property, you will be fully responsible for arranging
and bearing the cost of any temporary accommodation, or other
temporary arrangements made, until you can gain access to the
property. You will also be responsible for re-payment of any
reasonable costs incurred by the Owner/Caretaker, or their
authorized representative, arising out of your delayed arrival - If
you are unable to arrive at the property by noon on the day
following the holiday start date, you must also follow the above
procedures. If you do not we will treat your holiday as having been
cancelled by you as detailed in Condition 9 above - We will not
accept liability for delayed arrival due to adverse weather or any
of the other reasons detailed in Condition 8 above under the heading
'Force Majeure'.
12. Your Responsibilities
You must look after the property. This means you must keep all
furniture, fittings and effects, (inside or outside the property) in
the same state of repair and condition as at the start of the
holiday - You must leave the property in the same state of
cleanliness and general order in which you found it - If you break
these conditions the Owner/Caretaker can make an additional cleaning
charge and/or make a claim against you for repair or loss as a
result of damage caused. You are expected to show due consideration
for other people as well. If you abuse the property or display rude,
dangerous or offensive behavior towards the Owner/Caretaker or other
third party, the Owner/Caretaker can refuse to allow you possession
of the property or ask you to leave the accommodation before the end
of the holiday. If this happens we will treat your holiday as having
been cancelled by you and you will not be entitled to a refund of
your holiday monies or compensation. In the same way if the
Owner/Caretaker reasonably believes you are likely to act as above
they can proceed as detailed immediately above - For overseas
holidays such behavior can result in refusal to allow you to travel
or continue with your journey. If this happens we will treat your
holiday has having been cancelled by you as detailed in the above
paragraph - If you have special requests or needs you are
responsible for telling us at the time of booking, although we
cannot guarantee that any special requests will be met, and failure
to meet any special request will not be a breach of contract. It is
also your responsibility to satisfy yourself that the property you
are booking is completely suitable for your needs. Once you have
received the Holiday Confirmation Form you must check it thoroughly
(see Condition 2). Please note that if a particular requirement is
not specified on the Holiday Confirmation Form, it is not provided.
Unfortunately we are unable to accept any bookings that are
specified to be conditional on the fulfillment of a particular
request. Such bookings will be treated as 'standard' bookings
subject to the above provisions on special requests - If you have a
medical problem or disability that may affect your holiday please
tell us before you confirm your booking and follow up with details
in writing at the time of booking. If we feel unable to properly
accommodate the particular needs of the person concerned, we reserve
the right to decline/cancel the booking - Any queries about your
booking, after you have received your Holiday Confirmation Form,
should be made via e-mail or telephone, details of which appear in
full in Condition 11 above -
12a. Heat, Electricity, Mobile
Telephone and/or Damage Deposits
In all cases we will require a deposit. This will normally be done
by getting an authorization for a charge of up to $500.00 on the
credit card on the day of arrival. However no charge will be
actually made at this stage and any charges will only be made after
due notification at the end of the rental. In some case the owner
may require a deposit in cash or cheque form. A cash deposit may be
acceptable on the day of arrival. Please refer to your Holiday
Confirmation Form. If you do not meet the deposit requirements the
owner / caretaker can refuse to allow you possession of the
property, proceeding as detailed immediately above and in Condition
9 also above - Access - you must allow the Owner/Caretaker, or
anyone representing us (and any workman who needs to carry out
repairs or maintenance) access to the property at any reasonable
time during your holiday. A mobile telephone may be available to
rent during your holiday. This is at an additional charge for
rental, usage and damage/loss deposit. It is suggested to rent a
mobile telephone through a car rental service or other provider to
ensure your satisfaction as service is not guaranteed. No claims can
result from loss of use or service.
13. Dissatisfaction
We work very hard to make sure that every part of your holiday goes
well and your holiday enjoyment is important to us. While you are on
holiday we cannot help you if we and/or the Owner/Caretaker do not
know of any difficulties you may have. We think it is fair that your
reasonable holiday expectations should be met. If they are not, it
is equally fair that you provide a chance for them to be put right
before you come home. - Please notify the Owner/Caretaker of any/all
maintenance issues immediately.
14. Prices
The prices (including any supplements) in this brochure are quoted
in USD / Euros and are quoted as such. It is believed to be correct
at the time of going to press.
15. Insurance
We believe it is essential that you have adequate travel insurance.
All rentals are at the sole risk of the renter. This is a seaside
cottage and historic property. Extreme care should be taken when
venturing out to the beach, rock climbing or performing any other
holiday activity. The owners accept no liability for your personal
safety. Any and liability for personal safety, injury or death is
the responsibility of the renter.
16. Passport and visa requirements
All persons traveling to Ireland must be in possession of a valid
passport where the Client is from outside the European Union, a
travel visa may also be required and this should be confirmed with
the Irish Embassy or Consulate nearest to the Client's place of
residence. Clients should note that it may take up to three weeks to
obtain an Irish Holiday Visa. The Client (you) is solely responsible
for ensuring that all necessary travel documents are valid and
effective.
|
|
|