Trigpoint Property Limited – Booking Terms and Conditions
By booking accommodation through Trigpoint Property Limited, you are agreeing to the following Booking Terms and Conditions.
1. DEFINITIONS
Accommodation: the period of time for which we provide accommodation at the Property to you as set out in the Booking and agreed by Us;
Booking: Your request for the Accommodation.
Property: The Property as defined within the Booking.
Property General Terms and Property Specific Terms: Property general restrictions and Property specific restrictions (also known as House Rules) applicable to the Property as provided to You by Us;
Terms: The Terms and Conditions set out in this document, the Property General Terms and the Property Specific Terms (House Rules) and any other terms provided to you by Us
We/Our/Us: Trigpoint Property Limited, a company registered in England and Wales with company registration number 10179261, and registered office address: C/O Optimise Accountants Limited, Unit 3, Jubilee House, 31-33 Meadow Lane, Long Eaton, Nottinghamshire, United Kingdom, NG10 2FE
“Writing" or "written" in these Terms will include e-mail unless we say otherwise.
You or Your: The person (Lead Guest) or organisation making the booking through Trigpoint Property Limited.
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2. OUR CONTRACT WITH YOU
2.1 Check details
These are the Booking Terms and Conditions on which we supply the accommodation to you. Please ensure that you read these Terms carefully and check that the details on the Booking and in these Terms are complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.2 Age
a. Bookings may only be made by a person aged 21 or over (Lead Guest) and there must be at least one person aged 21 or over, staying in the accommodation, unless we give permission in writing to you for the Lead Guest to be less than 21years old.
b. This Property only accepts children older than 12years old (and is not suitable for younger children). If you wish to bring younger children, you will have to ask for our permission. Children under 18 years old must be supervised by their parents/guardians at all times.
c. Lead Guest for the Booking. The Lead Guest is the guest making the booking, on behalf of every guest in the booking and is responsible for the conduct of all persons staying within the accommodation and will ensure that they comply with these Terms and Conditions.
d. Any visitors to the apartment are also the responsibility of the Lead Guest.
2.3 Registration
a. Please provide the correct details for the guests that will be staying at the Property. You should note that we are required by law to maintain a register of all guests’ full name and nationality and to keep such details on file for at least 12 months from the date of arrival. This is in order to comply with the Hotel Records Order 1972 (https://www.visitbritain.org/business-advice/registration-and-data-protection). In addition, for guests who are not of British, Irish or Commonwealth nationalities We are required to take details of your passport or other travel documentation and the address of your next destination.
b. You will receive an electronic check-in form, prior to arrival.
c. The check in form, must be accurately completed and received by us, well in advance (min 48hours before arrival), in order to release access key codes to the Property.
2.4. Maximum occupancy
a. The maximum number of people who can stay in the Property is shown in the booking and never exceeds four (4). You promise that you will not exceed that number as it would be in breach of Health and Safety Regulations.
b. We reserve the right to ask the excess occupants to vacate the property.
2.5. Accommodation
a. We will supply the Accommodation to you for the period set out in the Booking. The Property is the only property as detailed in the Booking and cannot be changed with any other property.
b. We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside Our Control (see clause 12).
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3. CONFIRMED BOOKING – CONTRACT
3.1 Your booking is confirmed, and a legal contract concluded only once your initial payment has been successfully made.
If your booking is external (via an online travel agent or other booking site), it will be subject to the terms and conditions of those booking agents including their contract, payment and cancellation policy.
For direct bookings, through our website, you will be shown the payment policy, (total booking amount, payment schedule of initial payment and balance payment), the cancellation policy and the damage protection policy, under ‘step 3’ before you give any payment details and before you make any payment. All the above will be shown in a quote and in the confirmed booking (automated email).
3.2 No booking is made or contract concluded when payment is declined or unauthorised. Any booking obtained under false pretence will be subject to forfeiture of advance payment and the guests will not be permitted to check in. This does not affect Our right to charge you interest at the rate of 8% per year.
3.3 Interest is payable on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment was due until payment is received, in full and cleared funds both before and after any judgement.
3.4 We reserve the right to refuse a booking without giving any reason.
3.5 Scope You agree that the booking is for a short term stay for leisure only and not for business use and does not give rise to an assured short hold tenancy or lease or assured tenancy or any statutory protection under the Housing Act 1988 or any other statutory security of tenure and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
3.6 You may not re-sell or re-assign or let or sub-let or partially sub-let, your booking to any other person or organisation except with the express authority by Us, in writing.
3.7 Check in- confirmation, within 24hours. After check-in, within 24hours, you have to confirm the guests’ names and nationality, if different to the booking. Otherwise, it will be assumed that the guest’s details are all correct as per Booking and per electronic check-in form (completed in advance of arrival).
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4. PAYMENT
4.1 The price of the accommodation will be set out at the time you place your Booking and at the time we confirm your Booking.
4.2 Payment may be made by debit card, credit card. You may request to pay by bank transfer. Bank transfers must be in cleared funds by the deadlines for payment as set out in the Booking and in this Agreement. Neither cheques nor cash, may be used for payment of any sums due under this agreement. Any bank or transfer charges shall be borne by you.
4.3 Currency. Payment may only be made in the currency as shown in the Booking.
4.4 For direct bookings via our website www.uniquepeakholiday.co.uk, the following apply:
a. Initial payment and Balance payment. As shown in the booking quote and email from us.
b. Balance payment. If you fail to pay the balance of the cost of your accommodation upon request and before the commencement of the accommodation. We will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to a discretionary administrative charge of no more than £30 (including VAT) and you hereby authorise us to do so.
4.5 Non-payments. If you do not make any payment due to us by the due date for payment, we may cancel your accommodation and terminate this contract. In these circumstances, your rights to a refund are set out in clause 7.
4.6 Dynamic pricing. The total price for your entire stay will be presented to you before you confirm your booking and make payment. Pricing is dynamic and therefore the price may vary over time after your booking is made. This does not confer upon Us any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
4.7 If your booking is external (via an online travel agent or other booking site), it will be subject to the terms and conditions of those booking agents including their payment and cancellation policy. If you wish to review, adjust or cancel your Booking, please revert to the confirmation email for the booking and follow the instructions therein.
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5. YOUR STAY
Home. This property is privately owned and is our home. We expect all guests to enjoy the facilities and treat the property with the same respect that they would with their own house.
Access to the Property is subject to your adherence to the Property General Terms, and also to the Property Specific Terms, known as ‘House Rules’.
Property General Terms
5.1 No Services provided
a. Your Booking is for a Holiday Let apartment, rather than hotel or guest house service.
b. Therefore, no newspapers, meals or daily housekeeping service are provided.
c. Whilst bedlinen and towels are included in the booking, daily maid service is not included. We do not permit bedlinen or towels or any other item that belongs to the Property, to be taken out of the Property (whether temporarily or not).
5.2 Emergency and /or Essential Maintenance Call-Outs
a. We or our representative reserve the right to enter the apartment at any time to undertake essential maintenance or for inspection purposes.
b. Should a guest report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided (hard copy of manuals in the property or electronic copy in the electronic guestbook), we reserve the right to charge the guest for the maintenance call out.
c. Our Housekeeping Team and/or representative will retain keys to the property and will access the property to provide the services set out in the agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
5.3 Temporary malfunction
We shall not be liable for any temporary defect or malfunction of any equipment, machinery or appliance in the Property, Building or grounds.
5.4 Internet and wifi
a. Broadband internet access is offered. However, we cannot guarantee that the service will be available constantly nor can we guarantee a minimum speed, unrestricted bandwidth, uninterrupted provision of internet access service. We will not be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing, or damage to your computer, or the data contained on it, or the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses.
b. Do not use any technology provided by Us to download or access any unlawful or obscene material.
5.5 Fire Policy and Alarms
a. Do not tamper with any fire alarms, carbon monoxide monitors or emergency equipment.
b. Not to use door wedges or other objects, to keep doors open. The doors should be free of any obstruction to close. The doors in the property are all fire doors.
c. Do not bring candles or matches, in the Property, due to the Fire Risk. You can use the electronic candles we have supplied in the Property.
d. Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/transformer are a serious fire risk.
e. Please ensure that all heated appliances are switched off and the sockets are switched off too for example Toaster.
f. Do not overload an extension lead by plugging in appliances that together will exceed the maximum current rating stated for the extension lead. This could cause the plug in the wall socket to overheat and possibly cause a fire.
g. No smoking whatsoever (see clause 5.2.4)
5.6 Illegal drugs or substances
a. Do not bring any potentially dangerous or hazardous materials or equipment onto the premises.
b. Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
Property Specific Rules- House Rules
5.7 Behaviour
You shall take proper care of the Property and its contents during the accommodation and may lose your cautionary deposit (as defined in clause 11) and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the beginning of the accommodation.
You and all members of the guests in the Booking, agree:
to take shoes off when in the Property;
not to play ball games inside or within the grounds of the apartment;
please use the luggage rack for the suitcases, rather than the beds;
to keep the Property clean and tidy;
please adhere to the government’s guidance on staying safe during covid-19
not to cause damage including but not limited to towels and bedlinen, by use of hair dyes, nail varnish, face creams with bleaching action;
to leave the Property in a similar condition as you found it when you arrived;
to behave in a way at all times while at the property which does not break any law; not to use the property for any illegal or commercial purpose;
not to behave in anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others;
not to do or permit any act that would make any insurance policy on the property void or voidable or increase the premium;
not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the owners’ furniture and effects;
not to make any alterations to the Property;
not hang on the outside of the property any flowerpot, or similar object or any clothes or other articles;
to take all reasonable precautions to prevent condensation by keeping the Property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites are set on timers and must be switched on at all times to prevent damage to the apartment;
not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow;
not change any lock to the property or have any duplicate keys made;
to report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to resist from attempting to remedy such problem on their own;
to use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use;
not to install any portable cooking appliances, camping stoves or similar items in the apartment;
to use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children; we can accept no liability for mis-use of products supplied;
5.8 Quiet Time
Not to do anything that may cause a nuisance or annoyance to the owners any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance especially from TV’s and other electronic devices or loud conversations, after 11pm and before 7am can be reported to the local Council.
5.9 No Parties or other Events
You must not hold events (such as parties, celebrations or meetings, hen parties, or stag parties) at the Property. If you do any of these things, We can refuse to hand over the property to you and / or We can repossess it. We will treat this as you are cancelling the booking. In these situations, you will not receive a refund of any money you have paid for your Booking. And We will not be legally responsible to you as a result of this situation, (this will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation). We are under no obligation to find any alternative accommodation for you.
5.10 No Smoking and/or vaping
a. Smoking and /or vaping is strictly prohibited within the Property (even with the windows open and leaning out). Also prohibited within the common spaces of the Building.
b. The legislation, introduced on the 1st July 2007, now makes it illegal to smoke insubstantially enclosed area and workplaces. It is against the law to smoke in the Property.
c. Any guest who wishes to smoke or vape must only do so outside of the premises.
d. Where there is evidence of guests smoking and/or vaping within the Property, we reserve the right to charge £250 for specialist cleaning, which may be reduced to £150 if the guests voluntarily lets us know before check out.
e. Do not tamper with the no smoking signage throughout the Property.
5.11 No pets and/or other animals
You cannot bring or keep any animals, insects, birds, reptiles or any pets in the property. We are sorry that pets are not permitted in the Property. We wish to offer an allergen free Property, as much as feasible and as such no animals are permitted in this Property.
5.12 Keys and access to the Property
a. If you fail to return the keys at the end of your stay as, in the interests of security, We may have to replace the corresponding locks. The charge for replacing keys to the communal door (as per locksmith invoice) together with an admin fee of £30 will be held from the cautionary deposit or invoiced as needed.
b. If the guest locks him or herself out of the property and requires the owner’s assistance to re-enter the property, we reserve the right to charge an administration fee of £30.
5.13 Keep Property secure
a. Not to leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.
b. Not leave the entrance door open or the windows to the property open and/or unlocked but to ensure that the main entrance door is shut, and window locks are properly engaged at all times.
c. All windows must be closed when not in the apartment or during bad weather. The half-height blinds in the lounge, must be down for privacy when property is unoccupied.
5.14 Damage to the Property
a. Please treat the facilities & accommodation with due care so that other guests may continue to enjoy them. In the event that you notice damage in your accommodation please let us know immediately so that we can take the appropriate action.
b. If there have been any breakages or other damage, during your stay, we would be grateful if you could advise us before you leave. We will not charge an admin fee for replacing items, if we are advised in advance of your check-out of any breakages or other damage.
c. The accommodation will be inspected at the end of the holiday & you may be charged for any loss or damage found, together with an admin fee of £30.
5.15 Check in and check out
a. You agree to arrive and leave the Property at the dates and times in the Booking (unless we have amended the booking in writing and agreed in advance an earlier check in and/or later check out). Our check in and check out times are:
check in time is after 5pm (UK time);
check out time is strictly by 9am (UK time);
b. Your accommodation will not be available at any time outside the times of the booking. We reserve the right to make a reasonable additional charge (whether by invoicing the cautionary deposit or otherwise) in the event that you have not left the Property by the agreed departure time.
c. Due to ENHANCED CLEANING protocols (since the Covid-19 outbreak in 2020), please make sure you have departed the property no later than 9am (UK time), unless we have agreed in writing a later check-out.
d. If we agree to an earlier check-in or later check out, we may request an additional payment which would be in writing, as part of the booking.
e. Information on the check-in and check-out procedure and access to the accommodation will be provided separately. There is a key safe for the communal door and a smart lock with a code for the main entrance door to the flat.
5.16 Digital guidebook
a. We will provide you with a comprehensive digital property guide for your reference. The digital property guide will contain all the information required to enjoy your stay together with recommendations for things to do and places to visit.
b. In the interests of security, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.
c. Whilst we keep our illustrations and photographs as up to date as possible, any illustrations and photographs displayed are for illustrative purposes only and subject to change (on our website and the digital guidebook).
d. Please note that the activities that may be shown in our digital guidebook are outside our control, are not supplied by us and their provider may change the activity. It is recommended that you check the information for each activity with the respective provider.
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6. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
6.1 We may have to cancel a Booking before the start date for the accommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the accommodation. We will promptly contact you if this happens.
6.2 If We have to cancel a Booking under Event Outside Our Control, clause 12 and you have made any payment in advance for accommodation that have not been provided to you, we will refund these amounts to you.
6.3 If, for any reason, we are unable to offer the Property to you for the duration of the accommodation then we shall make reasonable endeavours to find suitable alternative accommodation for you.
6.4 If, under clause 6 above, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
6.5 Termination of this Agreement: this agreement may be ended by Us without notice and will not affect Our right to charge you interest at the rate of 8% per year, if:
the accommodation fee is not paid on the payment days due.
the guests are in breach of any of these Terms and Conditions (as well as the Terms and Conditions of any intermediary used for the booking for example online travel agent)
the guest becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
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7. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
7.1 Any cancellation must be notified to us in writing (preferably via email). The day we receive your written notification of cancellation is the date on which your booking is cancelled. If cancelled or modified up before the balance payment is due, you will forfeit the deposit (initial payment).
7.2 **All paid prepayments are non-refundable**
7.3 If the booking is cancelled or modified, on the day (or later) that the balance payment is due or in case of no-show, the total price of the Booking will be charged.
7.4 **No refunds will be made for non-arrivals (no-show)**
7.5 Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3.1 and you elect to cancel the contract (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
7.6 If you cancel a Booking for accommodation after the balance payment is due and prior to the start date for the accommodation, we reserve the right to invoice for the balance and therefore the cost of your booking would be 100% of the cost for accommodation as outlined in the Booking.
7.7 Covid refund. We will fully refund the booking amount, if the guidance on COVID-19 travel from the government (www.gov.uk) state that it is illegal to travel for domestic holidays.
7.7 Cancellation Travel Insurance
It is strongly advised that you take out cancellation cover at the time of the Booking, so you are covered with immediate effect for all eventualities, including but not limited to, cancellation and delays, jury service, medical expenses and loss of luggage. If you choose not to, then you accept responsibility for any loss that you may incur.
7.8 If your booking is external (via an online travel agent or other booking site), it will be subject to the terms and conditions and booking policy at the time of the booking. If you wish to review, adjust or cancel your Booking, please revert to the confirmation email and follow the instructions therein.
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8. HEALTH AND SAFETY
8.1 We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest(s) being asked to leave with immediate effect.
8.2 Guests should keep the apartment free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.
8.3 Covid 19: We have adopted enhanced cleaning protocols and have stepped up our precautionary measures, to ensure that our Property is a welcoming and safe Holiday Let retreat for our guests.
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9. CHANGES TO THE BOOKING AND TERMS
9.1 We reserve the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of our reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation you will receive a full refund.
9.2 We reserve the right to make reasonable amendments or additions to these terms and conditions without notice. This may include but not limited to:
changes in how We accept payment from you;
as a result of changes in relevant laws and regulatory requirements; or
if We have a valid commercial reason to do so.
9.3 You may request a change to the Booking for accommodation by contacting us. Any changes to the Booking:
are permitted at the sole discretion of Us;
may incur a charge of £30;
that result in a change in the total price of the accommodation, we will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.
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10. GUESTS' PROPERTY
10.1 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
10.2 Cars and their contents are parked at owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
10.3 Property left in the apartment will be kept for 1 week after departure or forwarded at the guest’s expense. After this time, items will be given away to charity.
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11. CHARGE FOR DAMAGE AND DEPOSITS
11.1 We do not collect deposits prior to/or upon arrival, neither online or cash.
11.2 In some external bookings (example booking.com) in order to show the potential monetary value of the booking, ‘collection of damage deposit in cash’ is chosen.However, this will not be collected (in cash) upon arrival of guests, but it will be sought later, if necessary, as per these Terms and Conditions.
11. 3 A charge will be required to be paid by you in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet and other amenities provided at the Property) or there is evidence of smoking and/or vaping, or the check-out is not completed by the date/time agreed in the booking (10am UK time).
11.3 The amount of the charge to be paid is up to the value of £1000.This can be charged up to five (5) working days after the guests stayed in the property.
11.4 If you fail to pay the charge within 28 days of request, We will attempt to charge your card details (where provided) for the sum of the charge amount which may be subject to a discretionary administrative charge of no more than £30 (including VAT) and you hereby authorise us to do so.
11.5 We reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover reasonable costs to repair or replace any damage caused to the Property or its contents during your accommodation.
11.6 For direct bookings via www.uniquepeakholiday.co.uk a pre-authorization of £250 will take place. We will assess the Property after your accommodation and will not charge you, if the Property has been in good order and there was no Breach in the terms and conditions as in this Agreement.
11.7 Otherwise, we will inform you of the amount to be retained; or inform you of the amount to be further charged at Our discretion.
11.8 We expect the apartment to be left in a reasonable state on departure including the kitchen appliances, walls and furniture. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
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12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation, actions or omissions by Us (including, but not limited to, cancellation or failure to provide access to the Property), strikes, lock-outs or other labour dispute affecting the employees of Trigpoint Property Ltd ; or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations; or delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods; or the unavailability of key personnel or key materials, without which we cannot supply the accommodation;
12.3 Trigpoint Property Ltd shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.
12.4 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of accommodation to you, We will restart the accommodation as soon as reasonably possible after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the accommodation. Please see your cancellation rights under clause 7. We will only cancel the contract if the Event Outside Our Control continues for longer than one (1) week in accordance with Our cancellation rights in clause 6.
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13. OUR LIABILITY TO YOU
13.1 Trigpoint Property Ltd endeavours to ensure that all information provided prior to, during and after your booking has been made, is accurate but shall not be responsible for any incorrect or missing information regarding the accommodation or booking.
13.2 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.
13.3 We only supply the accommodation for domestic and private use. You agree not to use the accommodation for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Our liability to You under these terms and conditions shall be limited to the total value of your booking except where such loss is caused by Our negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
13.5 We do not exclude or limit in any way Our liability for:
death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
We have no responsibility or liability to you (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles howsoever caused.
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14. CREDIT CARD /DEBIT CARD SECURITY
14. 1 We use a secure third-party service to process card payments (www.stripe.com/gb). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms.
14.2 We do not make or store any copy of your card details in our own systems or elsewhere. You can read the privacy policy of the third-party provider here: https://stripe.com/gb/privacy
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15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 Trigpoint Property Ltd processes information about you that you provide when making a reservation in accordance with our privacy policy. By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
15.2 We will use the personal information you provide to Us to:
provide the accommodation;
process your payment for accommodation; and
inform you about similar products or services that We provide. You may stop receiving these at any time by contacting Us. We will never pass your information to a third party.
Video Doorbell. There is a video doorbell, outside the main entrance to the Property.
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16. DATA PROTECTION POLICY
16.1 Trigpoint Property Limited is registered with the ICO Data Controller (Reference ZA528469)
16.2 We are required to gather certain personal data about guests for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
16.3 We fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data. The principles require that the personal data shall:
16.4 Be processed fairly and lawfully purpose and shall not be processed in any manner incompatible with that purpose;
16.5 Be obtained for a specified and lawful purpose and shall be processed in any manner incompatible with that purpose;
16.6 Be adequate, relevant and not excessive for those purposes;
16.7 Be accurate and, where necessary, kept up to date;
16.8 Not to be kept for longer than is necessary for that purpose;
16.9 Be processed in accordance with the data subject’s rights;
16.10 Be kept secure from unauthorised or unlawful processing and protected against accidental loss, destruction, or damage by using the appropriate technical and organisational measures;
16.11 And not be transferred to a country or territory outside the European Economic Area, unless the country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
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17. SEVERABILITY
17.1 If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17.2 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.
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18. WAIVER
18.1 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived.
18.2 Our rights against you and will not mean that you do not have to comply with those obligations.
18.3 If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
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19. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement of the parties and supersede all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
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20. JURISDICTION
This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.
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21.LEGAL RIGHTS
As a consumer, you have legal rights in relation to accommodation not offered to you with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
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22. INFORMATION ABOUT US AND HOW TO CONTACT US
22.1 Our mission at Trigpoint Property Ltd is to offer short-term luxury holiday accommodation in the beautiful spa town of Buxton, which is often described as the gateway to the Peak District National Park. With our local knowledge and expertise, we can help our guests discover stunning countryside walks, cycling paths, quintessential country pubs and visit places of architectural and historical interest.
22.2 To contact us:
22.3 The property is owned by Trigpoint Property Ltd, company number: 10179261 and Registered Office Address: C/O Optimise Accountants Limited, Bramley House, Bramley Road, Long Eaton, Nottinghamshire, NG10 3SX
22.4 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by using the email [email protected] (preferably) or the registered address: Trigpoint Property Ltd, C/O Optimise Accountants Limited, Bramley House, Bramley Road, Long Eaton, Nottinghamshire, NG10 3SX
22.5 We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the email address you provide to Us in the Booking.
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23. COMPLAINTS
23.1 Trigpoint Property Ltd want to ensure that you have an enjoyable stay. If you have a problem during your stay, please talk to Us who will be able to help you.
23.2 If We are unable to informally resolve any complaint you have at the time of your stay, then you may submit a formal complaint in accordance with this procedure.
23.3 Formal complaints should be submitted in writing, preferably via email to [email protected] otherwise to our correspondence address as in clause 22.2.Please provide as much information as possible so that We may properly investigate your complaint.
23.4 All formal complaints are logged. We aim to acknowledge your complaint within five (5) working days and fully investigate and respond within eight (8) weeks.
23.5 Trigpoint Property Ltd reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
23.6 Any complaints not reported to Us at the time and only reported after the guest has checked out of the Property will not be considered.
23.7 Trigpoint Property Ltd is a member of the Property Redress Scheme with membership number: PRS016583. The Property Redress Scheme provides consumers with a free, impartial and independent alternative dispute resolution service. They can be reached on www.theprs.co.uk/consumer/how-it-works
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24. OTHER IMPORTANT ITEMS
24.1 We may transfer Our rights and obligations under these Terms to another individual, or company, but this will not affect your rights or Our obligations under these Terms.
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