Terms and Conditions
Booking Terms and Conditions
1. General terms and conditions
- These are the terms on which Eventful Stays Limited (Company No. 7333050) Limited ('Eventful Stays') do business. They do not affect your statutory rights. They are designed to set out clearly Eventful Stays' responsibilities and your rights.
2. Definition and application
- These terms and conditions (the 'Conditions') shall apply to your booking.
- References to any statute or statutory provision shall in the Conditions, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
- In the Conditions, reference to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
- Headings will not affect the construction of the Conditions.
- You agree that the Conditions shall be the exclusive basis on which any contract made between you and the property owner is transacted and processed unless otherwise agreed in writing by a director or manager of Eventful Stays.
- The Conditions shall not create any agency or partnership between the parties or any third party.
- All prices advertised by property owners on the Eventful Stays website are accurate on the date published, however Eventful Stays is not liable for any changes of price by the property owner after that time.
- You agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts entered into between you and Eventful Stays or you and the property owner unless otherwise stated.
- As this is a single component, please note that the Package Travel, Package Holidays and Package Tours Regulations 1992 do not apply.
- Please note that any booking for accommodation is strictly between you and the relevant property owner incorporating the relevant conditions set out herein. Eventful Stays is merely arranging contact between property owner and potential guest.
- In view of Clause 3.b above, Eventful Stays cannot be held responsible for any loss or damage which you and/or the members of your party may suffer or any dissatisfaction with the accommodation arrangement.
4. Booking of a property
- Once you have accepted a booking quote sent from the property owner, you must confirm payment method and date directly with the property owner.
- For the avoidance of doubt, no contract between you and the property owner shall arise until after the Booking Confirmation is sent to you. The property owner reserves the right to reject any booking without giving any reason.
5. Payment for property accommodation
- The Damage Deposit is at the discretion of the property owner or host. This is a deposit agreed between property owner and guest. ES will not take or hold any such deposit.
- Payment shall be made directly to the property owner and the payment method must be agreed between property owner and guest directly.
6. Changes to your booking
- If you want to change any details of your booking (such as changing the dates of your stay or changing a name in your party), you need to contact the property owner directly to see if they can accommodate you.
- ES will not get involved in any booking changes.
- If you wish to make a cancellation after the Booking Confirmation has been sent to you, contact the host directly.
- You acknowledge that Eventful Stays will not receive such a Cancellation Request on behalf of the relevant property owner.
- For the avoidance of doubt, the cancellation rights under the Distance Selling Regulations 2000 do not apply in relation to your rental of properties.
8. Use of the property
- You undertake to take, and shall procure that each member of your party takes, reasonable care of the property, the furniture, fittings, contents and facilities provided to you and your party during the rental period.
- You undertake and shall procure that each member of your party complies with any directions and / or housekeeping rules in respect of the property which are issued by the property owner. Subject to reasonable wear and tear, you are required to clean, tidy and reinstate the property to the state prior to you renting it. If the property, furniture, fittings, contents and/or facilities are damaged or if the property is left in a dirty or untidy state, you may be liable to pay an extra fee to the property owner.
- You undertake and shall procure that each member of your party shall not undertake at the property any activity which is illegal or may cause unreasonable damage, noise or disturbance to the property or any person or property neighbouring the property.
- In the event of there being cause for complaint concerning a property, the matter shall be taken up with the owner.
- We act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. We do not own nor have we inspected nor do we have any control whatsoever over any property listed on our site and we make no representations or warranties regarding any of the properties.
9. Alternative accommodation
- If the property becomes unavailable or unusable due to circumstances beyond the control of the property owner e.g. fire, flood, it is the responsibility of the property owner to contact you. Eventful Stays will not be responsible for providing you with alternative accommodation.
- You shall keep Eventful Stays and the property owner indemnified against all overdue payments, dilapidations, excessive bills for electricity, water or telephone costs and any damages, losses, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by Eventful Stays or the property owner arising directly or indirectly out of any act or omission or negligence of you or your guests or any breach or non-observance by you of the covenants, conditions and other provisions of this agreement.
11. Complaints procedure
- If you have any complaints regarding your booking, please contact the property owner directly.
- If you have any complaints during or after your stay at the property, you must contact the property owner as your contract is directly with the property owner.
- Eventful Stays on behalf of the property owner warrants that the property owner has used reasonable skill and care in preparing the promotional materials for the property and such description of the property is accurate at the time of preparation of such promotional materials. Notwithstanding the foregoing, Eventful Stays has no control over the information provided by the property owner or any changes to the property which may be made by the property owner. Accordingly, Eventful Stays is not responsible for any inaccuracies in respect of the description of the property set out in its promotional materials as a result of any inaccurate information provided by the property owner or any such changes.
- If Eventful Stays becomes aware of any material changes to the property, Eventful Stays will update its promotional materials as soon as is reasonably practicable.
- This Clause 13 sets out the property owner's and Eventful Stays' entire financial liability (including any liability for the acts or omissions of Eventful Stays' employees, agents and sub-contractors) to you in respect of:
- any breach of this agreement;
- any services requested by you including the rental of accommodation; and
- any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement or the property, facilities or services.
- Subject to the other provisions of this Clause 13, neither Eventful Stays or the property owner accept liability for loss or damage suffered by you in connection with this agreement, save for matters which arise as a result of Eventful Stays' or the property owner's (as the case may be) negligence or breach of this agreement by the property owner or breach of Eventful Stays' contractual duty to exercise care in making arrangements for you.
- Subject to Clause 13.d below, each of the property owner and Eventful Stays excludes all liability for any indirect or economic loss or damage.
- Notwithstanding any provisions in this Agreement, neither Eventful Stays nor the property owner excludes liability for death or personal injury which is due to Eventful Stays' or the property owner's (as the case may be) negligence, or for fraudulent misrepresentation.
- Subject to Clauses 13.b and 13.d, Eventful Stays' and the property owner's maximum liability for any loss arising from Eventful Stays' or the property owner's (as the case may be) breach of any contract or negligence shall be limited to Eventful Stays' or the property owner's (as the case may be) insured sum where Eventful Stays or the property owner (as the case may be) is insured and the price paid by you to Eventful Stays under this Agreement in all other cases.
- You must be at least 18 years old and possess legal capacity to contract under the law of the country in which the property is located.
- Whether you book alone or as a group, Eventful Stays will only enter into correspondence with the lead booking name.
- This agreement contains the entire agreement between the parties and you acknowledge that you have not relied upon any oral or written representation made to you by Eventful Stays or the property owner.
- Each party irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation or to rescind the agreement whether or not contained in the agreement or for breach of any warranty not contained in the agreement unless such misrepresentation or warranty was made fraudulently.
- No waiver by Eventful Stays on behalf of the property owner of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- 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 of this agreement and the remainder of the provision in question shall not be affected thereby.
- Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of a contract impossible.
15. Data protection
You consent and agree to procure the consent of other members of your party to Eventful Stays processing personal data about you and other members of your party for all purposes related to your booking. Unless otherwise specified in writing to Eventful Stays, you agree to Eventful Stays using your data for marketing purposes.
16. Law and jurisdiction
The Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.
Last updated: December, 2016