Terms and Conditions
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Booking Accommodation Terms and Conditions for Guests
1. General Terms and Conditions
- 1.1These 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
- 2.1These terms and conditions (the 'Conditions') shall apply to your booking.
- 2.2References 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.
- 2.3In 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.
- 2.4Headings will not affect the construction of the Conditions.
- 2.5You 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.
- 2.6The Conditions shall not create any agency or partnership between the parties or any third party.
- 2.7All prices advertised on the Eventful Stays website are accurate on the date published, however Eventful Stays is not liable for any changes of price by the hosts after that time.
- 2.8You 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 host unless otherwise stated.
3. Booking Accommodation
- 3.1As a guest, once you have accepted a booking quote sent from the host, you must make payment through the Eventful Stays website or through booking.com, depending on the listing.
- 3.2A 2% admin fee will be added to all bookings made through Eventful Stays
- 3.3For the avoidance of doubt, no contract between you and the host shall arise until after the Booking Confirmation is sent to you. The host reserves the right to reject any booking without giving any reason.
- 3.4Any Damage Deposit is at the discretion of the host. This is a deposit agreed between host and guest. ES will not take or hold any such deposit.
4. Changes to Your Booking
- 4.1If 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 host directly to see if they can accommodate you. ES will not get involved in any disputes between guests and hosts related to bookings.
- 4.2ES will not get involved with any booking changes or disputes if your booking was made through booking.com. Any changes or complaints you wish to make must be addressed directly to booking.com.
- 5.1If a Guest cancels a booking within 4 weeks of the arrival date, no refunds will be made to them. If a Guest cancels a booking before 4 weeks of the arrival date, a full refund will be made to the guest (excludes admin fee of 2%). If a Host cancels a booking after payment has been made by the Guest, a full refund will be paid to the guest minus 2% admin fee;
- 5.2Hosts should avoid cancelling confirmed bookings. If we are informed of a Host’s cancellation we will endeavour to help the Guest find alternative accommodation (by providing details of similar available properties on our site). Guests acknowledge and agree that their payment will be applied in relation to any confirmed alternative booking through our Site in accordance with our Terms and Conditions and with these Booking Terms. If the Guest does not accept the alternative accommodation offered, their payment will be refunded to them (minus the admin fee of 2%) and no further refunds will be made;
- 5.3Eventful Stays reserves the right to cancel any booking at any time if we suspect fraudulent activity on the part of the Host has taken place in relation to the booking, or for security purposes. The Host will receive no payment for the booking cancelled by Us, and where payment has already been taken, the Guest will receive a full refund to their payment card.
6. Use of the Property
- 6.1You 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.
- 6.2You undertake and shall procure that each member of your party complies with any directions and / or house-keeping rules in respect of the property which are issued by the host. 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 host.
- 6.3You 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.
- 6.4In the event of there being cause for complaint concerning a property, the matter shall be taken up with the owner.
- 6.5We act merely as an advertising service through which Advertisers can advertise accommodation to potential Guests. 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.
7. Alternative Accommodation
- 7.1If the property becomes unavailable or unusable due to circumstances beyond the control of the host e.g. fire, flood, it is the responsibility of the host to contact you. Eventful Stays will not be responsible for providing you with alternative accommodation.
- 8.1You shall keep Eventful Stays and the host 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 host 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.
9. Complaints Procedure
- 9.1If you have any complaints regarding your booking, please contact the host in the first instance. and contact us within 2 business days of arrival.
- 10.1Eventful Stays on behalf of the host warrants that the host 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 host or any changes to the property which may be made by the host. 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 host or any such changes.
- 10.2If Eventful Stays becomes aware of any material changes to the property, Eventful Stays will update its promotional materials as soon as is reasonably practicable.
- 11.1This Clause 13 sets out the host'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
- 11.1.1any breach of this agreement;
- 11.1.2any services requested by you including the rental of accommodation; and
- 11.1.3any 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.
- 11.2Subject to the other provisions of this Clause 13, neither Eventful Stays or the host 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 host's (as the case may be) negligence or breach of this agreement by the host or breach of Eventful Stays' contractual duty to exercise care in making arrangements for you.
- 11.3Subject to Clause 13.4 below, each of the host and Eventful Stays excludes all liability for any indirect or economic loss or damage.
- 11.4Notwithstanding any provisions in this Agreement, neither Eventful Stays nor the host excludes liability for death or personal injury which is due to Eventful Stays' or the host's (as the case may be) negligence, or for fraudulent misrepresentation.
- 11.5Subject to Clauses 13.2 and 13.4, Eventful Stays' and the host's maximum liability for any loss arising from Eventful Stays' or the host's (as the case may be) breach of any contract or negligence shall be limited to Eventful Stays' or the host's (as the case may be) insured sum where Eventful Stays or the host (as the case may be) is insured and the price paid by you to Eventful Stays under this Agreement in all other cases.
- 12.1You 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.
- 12.2Whether you book alone or as a group, Eventful Stays will only enter into correspondence with the lead booking name.
- 12.3This 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 host.
- 12.4Each 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.
- 12.5No waiver by Eventful Stays on behalf of the host of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
- 12.6If 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.
- 12.7Both 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.
13. 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.
14. 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: August, 2017