Booking Conditions – October 2023
In these booking conditions, ‘you’ and ‘your’ means the person making the booking (the “party leader”) and all other people in the party (including anyone who is added or replaced at a later date).
‘We’, ‘us’ and ‘our’ means Windermere Marina Limited of Windermere Marina Village, Bowness on Windermere, Cumbria LA23 3JQ
Please read these booking conditions carefully and all the other information relevant to your booking that includes:
The website description of Windermere Marina Village and of the property you have chosen to book.
Any other information (on our website or elsewhere) that we brought to your attention before your booking.
We arrange bookings of properties as an agent of the owner of the property.
When you book a property (with us acting as agents for the owner) you are entering directly into a contract with the owner.
As we act as agents, we aren’t liable under your contract with the owner and nor are we responsible for the acts of any owner or for any failure or breach of an owner.
Your booking with us is subject to these booking conditions
All properties at Windermere Marina Village displayed on our website are offered by their owners for the sole purpose of holiday lettings. Accordingly you confirm that your booking is for the purpose of short term holiday accommodation only and you do not have any rights in relation to the property other than the right to occupy it as holiday accommodation for the period of your booking.
No booking is an ‘Assured Shorthold Tenancy’ or is protected under the Protection from Eviction Act 1977.
1. Making your booking
All bookings depend on the property and other arrangements being available at the time required. You, as the party leader, must be at least 18 years old. By making the booking, you confirm that you are authorised to make the booking and that all other members of your party agree that the booking will be subject to these booking conditions. You, as the party leader, are responsible for making all payments due to us.
If the property is available and we have received all required payments from you at that time, we will send you confirmation (see below) of your booking by email. This confirmation will show your booking details including the amount you have paid and the amount you still owe. Your contract with the owner begins when we send you the email confirmation on the owner’s behalf.
If we accept a payment into our bank account, it will not mean we have accepted a booking unless we have also issued you with email confirmation. Please do not make any travel arrangements until we have issued you with your email confirmation. If you book with us online, we may acknowledge that we have received your booking and then send you email confirmation.
It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We have the right to decline any booking/request for a booking.
Please check the details on your confirmation as soon as you receive it. Please tell us immediately if any details are not correct or if you have any queries.
Even if we have sent email confirmation, we on behalf of the owner, have the right to cancel a booking where we reasonably believe that (i) you are likely to breach any of our booking conditions; (ii) any information supplied by you in relation to your booking is incorrect; or (iii) you have behaved in an abusive or unlawful manner. If we cancel your booking, we will tell you in writing and neither we nor the owner will have any liability to you.
When you book, you must pay us the deposit amount (which is one third of the full rental amount) by debit or credit card or bank transfer at the time you book. We only accept payment in pounds sterling. We must then receive the rest of the money owed no less than 6 weeks before the start of your stay.
For other bookings you must remember to pay us the rest of the money owed no less than 6 weeks before the start of your stay.
If you book less than 6 weeks before the start of your stay, we must receive full payment of the total cost by debit or credit card or bank transfer when you make the booking.
If you do not make any payment due in relation to your booking by the required date, we are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of clause 5b will apply. You may also need to pay additional charges.
Please note that we act as an agent and that all charges (including cancellation charges) and refunds are made for and on behalf of the owner unless we state otherwise.
Prices of unsold arrangements may be increased or reduced at any time. We may also correct mistakes in the pricing of unsold arrangements at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, please check the price and all other details of your booking when it is confirmed.
All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made. You may be required to pay any additional taxes that arise after your booking has been confirmed.
All accommodation prices are for the property as a whole and are not on a per person basis
4. Brochure and website details
The information on our website and other promotional material we produce is intended to present a general idea of the arrangements and location. It isn’t possible for us to include comprehensive details of the property, site and facilities on our website. Furthermore, there may be small differences between the property, Windermere Marina Village and their descriptions on our website.
Occasionally, problems may mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions that we do not own or control. We make reasonable efforts to make sure that information we give you about your property and its facilities is accurate on the date given. We
cannot accept responsibility for any inaccurate information about any property or facilities and services unless this was caused by our negligence.
Where Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure not for business purposes.
5. If you change or cancel your booking
More than 44 days before the arrival date changes to a confirmed booking may be made subject to availability and additional charges may apply, such as change of price. Requests to make changes may be made by email to firstname.lastname@example.org from the email address of the confirmed booking. If the changes are possible then a new confirmation email will be issued and the original booking cancelled. The new booking will only be confirmed once any additional charges are paid in full. If the requested changes are not possible, we will notify you by email and the original confirmed booking will remain valid.
Within 44 days of the arrival date changes to a confirmed booking can only be made with our and the owner’s written consent (at our and the owner’s discretion). Charges may be payable.
Cancellation by you
If you have to, or want to, cancel your booking after it has been confirmed, you must let us know in writing as quickly as possible. The day we receive your notice to cancel is the date on which we will cancel your booking with the owner.
After we receive your written cancellation notice we will use reasonable efforts to re-let the property on behalf of the owner (which may be at any price agreed by the owner). If the property is fully or partially re-let for the period of your booking we will refund to you:-
Any monies paid to us in relation to the re-let (which may be less than the price you paid to us) up to the amount you have already paid us;
Less an administration fee of £50.00 plus VAT. We will pay this to you within 2 weeks after the re-let has taken place (and only if funds have been paid by the new guest).
If we are unable to re-let the property for the period of your cancelled booking then no money will be returned to you and any sums still outstanding in respect of the booking must be paid by you.
This means that if you have to, or want to, cancel your booking you may receive a refund of part of the cost so long as the property is re-let.
Cancellation by the owner
The owners do not want or expect to have to cancel your booking. However, should your property become unavailable we will inform you and will offer you (on the owner’s behalf) either a full refund of the amount you have paid or a credit in the amount you have paid which you may use to make bookings through us for a period of 18 months from the date of cancellation. However, we will have no further liability to you.
c) Cutting short your stay
You will not receive a refund or other payment if you arrive late or choose to leave the property early (unless this is a direct result of a breach by us or the owner)
d) Part Number
You will not receive a refund or other payment if any (or all) members of your party choose not to stay at the property
6. Changes by the owner
The owners do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or mistakes in brochures or other details corrected. The owners have the right to do this. If they do, we, on their behalf, will contact you as soon as is reasonably practical. We will explain what has happened and let you know about the change. Where the change is substantial, we will offer you the choice of continuing with the booking or of receiving a refund of the amount you have paid. However, we will have no further liability to you.
7. Events beyond our control
Unless we say otherwise in these booking conditions neither we or the owner, will be liable for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we or they could not, even with all due care, avoid, including:
Strike or labour dispute;
Acts of terrorism, war, riot, civil emergency or commotion;
Keeping to any law or governmental order, rule, regulation or direction, including advice or guidance from national or local government;
Epidemic or pandemic
Breakdown of equipment or machinery;
Utility supply failure (including gas, electricity, water and telecoms)
Insolvency or bankruptcy of an owner or supplier;
Fire, flood, snow, storm or other extreme weather ;
Difficulty or increased cost in getting workers, services , goods or transport; and
Other circumstances affecting the supply of goods or services.
In the circumstances where we or the owner are expressly prevented from providing the entire booking to you because of circumstances beyond our control (and for which you are not responsible) then we will, at our option either provide you with a refund of the amount you have paid us for the booking or provide you with a credit in the amount you have paid which you may use to make bookings through us for a period of 18 months from the date of cancellation (in each case less any reasonable costs we have incurred at the point the booking is cancelled). For the avoidance of doubt this does not apply where you are unable to travel to the property for any reason.
8. Our legal responsibilities to you
As we act only as agents for the owner, we cannot accept any legal responsibility for any act or neglect on their part. Nor can we accept any liability for any problems or faults with or in any property. Your contract is with the owner.
Our responsibilities to you are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the property that we pass on to you in good faith.
Neither we nor the owner can be held responsible for noise or disturbance which comes from outside the property or Windermere Marina Village or which is beyond the owner’s control.
We are not responsible for services provided or supplied by third parties such as the onsite restaurant. In particular, we cannot be held responsible for the failure of public utilities such as water, gas and electricity.
We have no liability if local attractions or amenities (including the onsite restaurant) are not open during your booking.
We do not provide insurance and recommend that you take out travel insurance (including cancellation cover) to adequately cover you for your total stay.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to make sure that the insurance cover you buy is suitable for your needs.
10. Disabilities and medical problems
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you confirm your booking and give us full details in writing as early as possible before you travel. If the owner reasonably feels unable to properly or safely meet that person’s particular needs, we may refuse or cancel the booking.
11. Your property
The owner has set the following conditions on your stay at the property:
Arrival and departure- Check in is from 4.00pm until 5.30pm on the start date of your stay. You must leave by 10am on the last day. If your arrival will be delayed beyond 5.30pm on the start date of your stay, you must contact us on the details given to you. If you fail to do so, you may not be able to get into the property. If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not let us know, we on behalf of the owner may treat your booking as having been cancelled by you. In this situation, we will not refund any money you have paid.
Security deposits – we administer a security deposit on behalf of the owner. The amount for each property is listed on our website and booking email confirmation, which you must pay, and we will collect this prior to property keys being issued to you. In the case of out of hours arrivals, this will be taken over the telephone. It will be collected by means of a pre-authorisation from a credit or debit card. The deposit may be applied towards the cost of any breakages, losses, mess or damage to the property, or its contents, during your stay, or should any of the terms of the booking conditions be broken.
If we consider that you have left the property in a satisfactory condition and that all of the booking conditions were adhered to (without breakage, losses, mess or damage), then the pre-authorisation will expire approximately 10 working days after your departure. Should we believe it necessary to make a charge, we will endeavour to notify you as soon as possible following your departure.
Lost property – Items left at the property, other than food and drink which will be disposed of, that we find will be retained by us at the Windermere Marina office premises for 28 days from your date of departure. You must contact us if you want items to be returned. This will incur a postage and packing charge. We do not accept responsibility for finding, holding and returning any items and do not return any food or drink items.
Parking – One parking space is allocated for each property unless otherwise stated in the property description. Additional parking may be available nearby but cannot be guaranteed or reserved.
You and all members of your party agree:
To keep the property clean and tidy;
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 or elsewhere at Windermere Marina Village which does not break any law;
To make no noise between the hours of 11pm and 7am;
Not to use the property for any illegal or commercial purpose;
Not to sublet the property or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the owner as a member of your party;
Not while at the property or at Windermere Marina Village to spoil the enjoyment, comfort or health of other guests, neighbours, boat users or members of staff;
Not, while at the property or at Windermere Marina Village, to behave in an anti-social manner, be abusive to staff or other guests, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others.
Grounds and Common Areas
You must not behave anti-socially or unlawfully while using the grounds and common areas nor cause any damage to the grounds and common areas. You must also follow the directions of Windermere Marina Village staff.
Open fires or BBQ’s are only permitted in the designated BBQ area available on the edge of the lake and not on balconies or terraces or in any other part of Windermere Marina Village or your property.
Maximum occupancy – You also must not allow more people than the maximum occupancy to stay overnight in the property. Maximum occupancy is determined by the number of beds in the property (plus one infant under the age of 2 years in a cot). Maximum occupancy includes all adults and children aged 2 years and over. You cannot arrange for visitors to the property without the advance consent of the owner. You cannot significantly change the number of adults or children during your stay. (For example, if you book for two adults and two children, you cannot arrive with four adults and no children.) You must not hold events (such as parties, celebrations or meetings) at the property without the advance consent of the owner.
If you do any of the things set out above in this clause 12 (or breach any of these booking conditions) the owner (or us on their behalf) can refuse to hand over the property to you or if you have already occupied the property can require you to leave. If this happens, we will treat this as you 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 responsible for any costs you incur. 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 or additional travel arrangements. Neither we nor the owner are under any obligation to find any alternative accommodation for you in these circumstances. You may also be liable to compensate us for any costs we or the owner incur.
Dogs – Dogs (and other pets) are not allowed in the property unless we say so on our website and you let us know at time of booking. No more than 2 well behaved dogs are permitted in any property.
Guests who bring pets to properties which do not allow pets will not be allowed into the property and/or will be required to leave. Please note this includes pets brought onto site with the intention of remaining in a car for the duration of your stay.
Where a dog is permitted it is not allowed on beds or furniture, or in the shared facilities. You must not leave any pets unattended in the property at any time, including any garden, and you must keep dogs on a lead within the boundaries of Windermere Marina Village (including the gardens).
You must clean up after your dogs whilst in the grounds of Windermere Marina Village (bags and bins are available) and no evidence of the dog must be left in the property or balcony on your departure.
Registered assistance dogs are allowed in most properties featured in this brochure even if the property description says that pets are not allowed. If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in your chosen property, even if the owner does not allow pets, nor can we accept any responsibility for any allergic reaction. It is your responsibility to make specific enquiries before booking as some property owners may take their own pets to a property.
Smoking – Smoking is not permitted in any property or communal areas of Windermere Marina Village. We reserve the right to charge you up to the full cost of the following week’s rental where we reasonably suspect that smoking has occurred in the property.
You are responsible for and agree to reimburse to the owner and us all costs incurred by the owner and/or us as a result of any breakage or damage in or to the property, its contents or to Windermere Marina Village which is caused by you or any members of your party or any other persons invited into the property by you. The owner and/or we can ask for an extra payment from you to cover any such costs.
The property must be left in a clean and tidy state on departure. If in the owner’s or our opinion, additional cleaning is required, you will be liable to the owner for the cost of this cleaning and this cost may also be deducted from your Housekeeping Deposit.
You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival, please notify us immediately.
The party leader is responsible for ensuring that the property is left in a satisfactory condition on departure.
If during your stay you discover that any part of the property is not operating correctly please notify us as soon as possible.
14. Right of Entry
We (or the owner) are allowed to enter the property (without letting you know first if this is not practical or possible) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if you break any of these booking conditions.
We (or the owner) may also enter the property to inspect it (for example where you have complained about the property). If this happens, you will be given reasonable notice first.
You agree to allow us or the owner (or any staff or contractors we appoint) access to the property as required by this clause.
15. Special requests
If you have any special requests, you must let us know when you make a booking and confirm them in writing. Although we will try to pass any reasonable requests on to the owner, we cannot guarantee that any request will be met. Confirmation that we have noted a special request or passed it on to the owner, or of the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we or the owner fail to meet any special request, it will not mean we or they have broken your contract.
If you want to complain about a property, we, together with the owner will want to take action to sort your complaint out as soon as possible. We are authorised to receive complaints on the owner’s behalf. It is essential that you contact us immediately if any problem arises so that it can be sorted out as quickly as possible. It is normally impossible to sort out difficulties properly unless we are told promptly during your stay. If you tell us about a problem during your stay at the property it can usually be resolved. In particular, complaints which would only be temporary (for example, complaints relating to the oven at the property not working) cannot possibly be investigated unless registered during your stay.
Please help us and the owner to help you by notifying us of any complaint promptly during your stay. If you fail to do so, this may affect your entitlement to claim compensation if this would be
appropriate. As we act only as an agent for the owner, we cannot accept any legal responsibility for your complaint. If we help to sort out a complaint, we are doing so as an agent only and have no legal responsibility to you for any refund or compensation.
If you have any complaints about any services we provide e.g. our booking service (as opposed to the property provided by the owner) you must let us know as soon as possible in writing and in any event within seven days of the end of your stay. Unfortunately, we cannot accept any legal responsibility if you do not let us know. If we are found to be at fault in relation to any service we provide (as opposed to any service provided by the owner, for which we are not responsible), we will not pay more than the commission we have earned for the booking (or the appropriate proportion of this if not everyone on the booking is affected), plus any reasonable expenses you cannot recover from elsewhere.
We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees, or for any criminal act we may commit.
17. Governing law and jurisdiction
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
18. Communicating with you
Please see our Privacy Notice which explains how we will process your personal data.
For the purposes of the Landlord and Tenant Act 1987, you can send any notices intended for the owner to our registered office address at Windermere Marina Limited, Windermere Marina Village, Bowness on Windermere, Cumbria LA23 3JQ and we will forward these on to the owner.
The prices and booking conditions displayed supersede all those previously published.
Prices and booking conditions may be updated, changed or varied at any time. Please see our website for the latest details.