Terms of Service - chalybeate.scot

TERMS OF WEBSITE USE

This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://chalybeate.scot (our site). Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy Policy, which will also apply to your use of our site. This sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as information about the cookies on our site. By using our site, you consent to us processing your data and you warrant that all data provided by you is accurate.

When you make a booking via our site, our Booking Terms will apply to that booking.

INFORMATION ABOUT US

The site is operated by chalybeate.scot

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

ACCESSING OUR SITE

Unless otherwise stated for particular content and/or functionality, our site is made available free of charge.

We do not guarantee that our site, or any content or functionality on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection and/or on your behalf, are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of page(s) on our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

ACCEPTABLE USE & CONTENT STANDARDS

a. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below);
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
not to access without authority, interfere with, damage or disrupt:

– any part of our site;

– any equipment or network on which our site is stored;

– any software used in the provision of our site; or

– any equipment or network or software owned or used by any third party.

b. Content standards

These content standards apply to any and all Content which you contribute to our site or submit to us.

You must comply with the spirit and the letter of the following standards.

Contributions must:

be accurate (where they state facts).
be genuinely held (where they state opinions).
comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

contain any material which is defamatory of any person.
contain any material which is obscene, offensive, hateful or inflammatory.
promote sexually explicit material.
promote violence.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal activity.
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
give the impression that they emanate from us, if this is not the case.

THIRD PARTY RESOURCES AND LINKS IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

We may also provide information about third party products and services, as well as the opportunity to purchase such products and services. In the event that you choose to do so, you will be taken to the relevant third party’s website in order to complete your purchase. The third party provider will have its own terms & conditions which you should read prior to using their site, or purchasing any products or services.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

LINKING TO OUR SITE

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

USER DATA REMOVAL

You have the right to request the deletion of your user account by contacting us at [email protected]

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We cannot be liable for any attempt made to scam or defraud any user of our site by any third party. You are responsible for satisfying yourself as to the identity and trustworthiness of any person who contacts you in connection with your use of our site and related services.

CONTACT US

To contact us, please email [email protected]

Thank you for visiting our site.

COOKIES & PRIVACY

1. THIS PRIVACY POLICY

1.1 Chalybeate (“We” or “Us”) are committed to protecting your personal information and other data, which is collected by us or provided to us via your use of our website https://chalybeate.scot/ (“our Website”).

1.2 This policy, together with our terms of use and, where applicable, our booking terms sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By visiting our Website, registering an account and/or purchasing goods or services, you are accepting and consenting to the practices described in this policy.

1.3 For the purpose of General Data Protection Regulation (Regulation EU 2016/679) (“GDPR”) and any subsequent data protection legislation, the data controller is Chalybeate.

1.4 Our products and services are only available to those aged 18 and over. Therefore, we do not knowingly receive or attempt to solicit any information from children.

We may collect and process the following data about you:

(a) Information you give us. You may give us information about you by:

(i) filling in forms on our Website, for example to sign up to our newsletter;

(ii) making a booking, placing an order or subscribing to a service;

(iii) entering a competition, promotion or survey;

(iv) providing feedback; or

(vii) corresponding with us by phone, e-mail or otherwise.

The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and holiday and other preferences.

If you are a journalist or a member of the media that we work with, we may also hold information relating to your job title, social media handles and, in some limited cases, copies of your passport or other identification documents where we arrange travel on your behalf for a particular event.

(b) Information we collect about you. With regard to each of your visits to our Website we may automatically collect the following information:

(i) technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

(ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

(c) Information we receive from other sources. We may receive information about you as a result of your use of our group company’s website, https://chalybeate.scot/, as well as your use of any other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, owners of the holiday properties, business partners, sub-contractors, advertising networks, analytics providers, search information providers) and may receive information about you from them. If you are a journalist or a member of the media, we may receive information about you from our media supplier.

3. USES MADE OF THE INFORMATION

3.1 We may use information held about you in the following ways:

(a) to administer our Website and manage your account;

(b) to improve our Website and our service so that it is most effective;

(c) to notify you of any service, support or account notifications or updates in relation to our Website, your account or our services that may affect you;

(d) to provide you with the information, products and services that you request from us;

(e) to administer any competition or promotion that you have entered which includes notifying you if you are the winner so you can arrange collection of your prize;

(f) for internal record-keeping, reporting, service review.

3.2. We may also contact you for marketing purposes. This is where we will provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are not a customer of ours we will contact you by electronic means only if you have consented to this (e.g. where you have signed up to our newsletter). We will only ever pass on your details to third parties that wish to directly market to you where you have given us explicit consent to do so.

If you want us to use your data, or to pass your details on to third parties, for marketing purposes, please tick the relevant box situated on the form on which we collect your data. If you do not tick that box, we will not send you any marketing communications or pass your details to third parties that want to market to you.

You can opt out of receiving marketing communications from us at any time by clicking the ‘unsubscribe’ link at the bottom of our marketing emails or see ‘Your rights’ section below for further information.

4. DISCLOSURE OF YOUR INFORMATION

4.1 We may share your information with selected third parties including:

(a) business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

(b) selected third parties who would like to market their products and services to you but only where you have explicitly consented for us to do so;

(c) our technology partner for the purposes of sending triggered emails, such as cart abandonment and purchase confirmation emails, and personalised marketing, for example to suggest products that are related to your previous purchases;

(d) selected social media sites where we upload limited personal information, such as your email address, so that we can market to you on those social media platforms about our products and services we think may be of interest to you.

4.3 We may also disclose your personal information to third parties:

(a) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

(b) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Chalybeate, any of our group companies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5. LEGAL BASIS FOR PROCESSING YOUR DATA

5.1 We may process your data because:

we are legally obliged to e.g. to confirm your identity;
the processing is necessary for the performance of the contract with you to provide our services; or
it is in our legitimate business interests to do so. If you would like to know what our legitimate interests are in relation to a particular processing activity, please contact us (see ‘Contact’ section below).

5.2 In some instances, we will rely on your consent to process personal data and where we do this, it will be flagged to you at the time.

6. WHERE WE STORE YOUR PERSONAL DATA

6.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your booking, the processing of your payment details and the provision of services. We will only do this if appropriate safeguards are place in accordance with the GDPR (and any subsequent data protection legislation). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

6.2 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

6.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. YOUR RIGHTS

7.1 You are responsible for ensuring that information you provide to us is accurate, complete and up-to-date. If you have an account with us, you can review and change your information by logging into your account and visiting the ‘My Details’ page.

7.2 You have a number of rights in relation to your personal data, these include the right to:

find out how we process your data;
request that your personal data is corrected if you believe it is incorrect or inaccurate;
request that your personal data is deleted;
obtain restriction on our, or object to, processing of your personal data;
if we are relying on consent, you can withdraw your consent to our processing of your personal data (including any direct marketing);
obtain a copy of the personal data we process concerning you. We may charge a small reasonable fee towards the cost of administering any request you make and we will take steps to verify your identity before responding to your request. Once we have received the fee (if required) and verified your identity we will respond as soon as possible and in any event within one month; and
lodge a complaint with the UK supervisory body, the Information Commissioner’s Office (the ICO) here https://ico.org.uk/. If you have a concern or complaint about the way we handle your data, we ask that you contact us in the first instance to allow us to investigate and resolve the matter as appropriate.
if we are relying on legitimate interests for direct marketing, you can object to receiving such direct marketing;

If you would like to exercise any of your rights or find out more, please contact us (see ‘Contact’ section below).

If you do not want to be contacted for marketing purposes, you can let us know by contacting us at [email protected].

7.3 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

8. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

We keep your personal information for as long as we need to for the purposes for which it was collected or (if longer) for any period for which we are required to keep personal information to comply with our legal and regulatory requirements.

9. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

10. CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to our Data Protection Officer, Alli Liew, at [email protected].

11. COOKIES

11.1 If you are happy for us to use cookies as described below, all you have to do is continue to use our site as normal. If you would like to block any cookies, please see below for details on how to do so.

11.2 We use the following cookies for various functions and features of our site:

(a) Asp_login
(b) eZSESSID
(c) Google tools – GA and Maps
(d) Twitter (and the twimg cookie)
(e) PHPSESSID
(f) PREF which comes from Google’s safe browsing API

11.3 We use these cookies for the proper functioning of our site, for example to establish your identity whilst browsing the site, which we need for our ordering systems to function correctly. The cookies used on this site don’t track anything else about you.

11.4 If you would like to block any of the cookies used by our site, or other websites, you can do this through your browser settings. Please visit http://www.aboutcookies.org/ for more information on how to block cookies and/or delete them from your computer. Please note that if you block or delete cookies, our site may not function properly for you.

11.5 Here are further details on the cookies we use when you visit our site. These are “session” cookies and are removed when you quit your browser.

Cookie Name

Description

asp_login
Refer to paragraph 11.3 of our policy.

eZSESSID
This cookie is used to store information to improve your experience of using our site. This will store any search text that you’ve entered into our search feature or if you have completed an enquiry form it will remember what you’ve entered so you don’t have to do it again. It will also remember which search filters you have used so that you don’t have to keep selecting them. As with all session cookies, these will be deleted when you close your web browser.

PHPSESSID
This is used by our availability calendar and booking system, where available. We need to store information about your booking (booking dates, number of guests and so on) throughout the booking process. Again, this cookie, and its data, will be deleted when you close your web browser.

9.6 We also use certain third party tools to enhance your online experience. Some of these will set cookies on our behalf so they can work and give you access to useful features. Please note that we have no control over these cookies. Here are further details about those cookies.

Cookie Name

Description

Google Analytics
We use Google Analytics to track visitors to our site. Our main aim is to find out which parts of the site are working and which are not proving to be useful. We use this information to make changes to our site and to decide on which features to improve.
See details of the Google cookies here – https://developers.google.com/analytics/resources/concepts/gaconceptscookies

Google privacy policy – http://www.google.com/intl/en/privacypolicy.html

Twitter

We have buttons on our site that allow you to tweet about certain pages on our site. These buttons use a cookie that Twitter will put onto your computer or mobile device. We only use these cookies so that our buttons will work. The link to twitter’s privacy policy – http://twitter.com/privacy

NID, SNID, PREF, khcookie
These cookies are used by Google to store user preferences and information when viewing pages with Google maps on them.

BOOKINGS – AGENCY TERMS & CONDITIONS

For amendments and cancellations relating to Covid-19 travel restrictions/lockdown please see our FAQs.

Except where otherwise specified, we Sawday’s Canopy & Stars Ltd (Company No 09088366) of Merchants House, Wapping Road, Bristol, BS1 4RW act only as an Agent in respect of all bookings we take and/or make on your behalf. As an Agent we act as an intermediary between you and the owner (‘’Owner’’) of the holiday accommodation (‘’Property’’) you will be staying in. We help to arrange reservations and bookings between you and the Owner and take payments from you on behalf of the Owner.

We are only arranging a contract between you and the Owner for hire of the Property and for any other services or arrangement you purchase from the Owner (the “Booking”). This means the legal contract for the Booking is between you and the Owner despite the fact that a payment for the Booking has been made to the Agent. Your contract for the Booking is not with Sawday’s Canopy & Stars Ltd (Canopy & Stars).

Canopy & Stars is part of the Sawday’s Group of Companies, a majority employee owned business and a B Corp. We accept no liability in relation to any contract you enter into in relation to Bookings or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any Booking.

When making your Booking we will arrange for you to enter into a contract with the Owner, as detailed in clause 1.2 below. Your Booking is subject to these Agency Terms & Conditions and any other specific booking conditions of the relevant Owner(s) you contract with. The Owner’s booking conditions may limit and/or exclude the Owner’s liability to you.

You may decide to make more than one Booking at the same time. The price charged in total for more than one Booking will always equal the prices charged separately for each individual Booking. All Bookings are available to be purchased separately at the same price as they are when more than one Booking is made. This means that any multiple Bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.

By making a booking, you agree that:

You have read these Agency Terms & Conditions and agree to be bound by them;
The lead name on the Booking will be the person responsible for the Booking and shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests and for the payment of any additional charges. The lead name accepts these Terms & Conditions on behalf of all persons in the Booking;
You consent to our use of your information in accordance with our Privacy Policy;

and

You are over 18 years of age and where there may be age restrictions in place, you declare that you and all members of your party are of the appropriate age

The Canopy & Stars online booking system enables Guests to make Bookings 24 hours a day. To confirm your booking, you must pay a 25% deposit (or full payment if booking within 10 weeks of your check in date) and the entire Booking will be subject to the cancellation policy as outlined in clause 2.4.2 below. The Canopy & Stars telephone booking line is open Monday to Friday 9am to 6pm. When using the online enquiry form, for those Properties without online booking, please allow 24 working hours for us to contact you by telephone to confirm the Booking. If we are unable to reach you by phone we will attempt to contact you by email. We will contact you during Canopy & Stars working hours (Monday to Friday 9am to 6pm). Online or email enquiries will be dealt with in the order they are received, but please be aware that we cannot guarantee reservation of your selected dates until the receipt of suitable payment. Therefore, if possible, we do recommend that you book on the Canopy & Stars website using the online booking system.

1. Booking and payments

1.1 In order to confirm your chosen Booking, you must pay a non-refundable deposit as required by the Owner of the Booking in question (or full payment if booking within 10 weeks of the date of your check-in). The deposit is non-refundable as it covers costs incurred and services provided to enable your Booking. These include, but are not limited to, marketing and PR, property inspection fees, Owner management, booking management, credit card fees and customer service.

1.2 Your Booking is confirmed and a contract between you and the Owner will exist when we receive payment of the deposit and send you a booking confirmation on the Owner’s behalf. This Booking confirmation will normally be sent out within 24 hours in the case of email and seven working days in the case of post and will contain the details of your Booking and of payments made and due. If you have not received your Booking confirmation within the specified time, please notify us as soon as possible by email ([email protected]). Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. As we act only as booking Agent, we have no responsibility for any errors in any documentation except where an error is made by us.

1.3 Once a deposit has been paid, the full balance payment will be due 10 weeks in advance of your check in. A reminder to pay your balance will be sent to you one week prior to this 10 week date, where applicable, by email. We automatically take the balance payment using the same card as used to make the deposit payment. It is your responsibility to advise us if we should use a different card and to contact us by telephone (0117 204 7830) to arrange for alternative payment method. If the automated balance payment does not successfully go through as there is a problem with your card, such as it expiring, then we will contact you to try and take alternative payment. If you do not make any payment due to Canopy & Stars by the due date for payment and at the latest within 5 days of this date, then with regret, we will notify the Owner who may cancel your Booking and terminate their contract with you. In these circumstances, your rights to a refund are set out in clause 2.4.2. Please note that if you have paid in a currency that is different to the original pricing, we will not be able to guarantee the same conversion rate that was used to convert the deposit payment.

1.4 Except where otherwise advised or stated in the booking conditions of the Owner concerned, all monies you pay to us for a Booking will be held on behalf of the Owner(s) concerned.

1.5 Credit Card payments are processed via Elavon who provide merchants services facilities to Sawday’s Canopy & Stars Ltd.

2. Cancellation and Amendment by You

For amendments and cancellations relating to Covid-19 travel restrictions/lockdown please see our FAQs.

2.1 If you have to, or want to, cancel or amend your Booking this request must be sent to us by email ([email protected]) and will be considered and responded to within one working day of receipt. You are also advised to confirm all changes to our Guest Experience Team by calling 0117 204 7830. Please ensure that you have received written confirmation of any changes to your Booking prior to travel. Whilst we will always try to help, we cannot guarantee that such requests will be met.

2.2 Any amendments to your Booking or cancellations made by you, at any time, may incur a £50 administration fee in addition to us retaining the non-refundable deposit as per clause 2.4.2. This represents the administration costs incurred by us on behalf of the Owner to deal with such requests.

2.3 Amendments and cancellations can only be accepted in accordance with the booking conditions of the Owner of your Booking. The Owner may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Booking and will normally increase closer to the date of departure). The Owner may charge cancellation or amendment charges in accordance with its own booking conditions, however for the sake of convenience only, we have outlined the Owner’s charges at clause 2.4 and 2.5 below. Please note that these are the Owner’s own cancellation and amendments charges, not Canopy & Stars’, and therefore the Owner may vary their charges as they wish, without notice to us. The correct charges will be notified to you at the time of your cancellation or amendments. In the event of a cancellation your right to a refund is as per clause 2.4.2 below.

2.4 Owner’s General Cancellation Charges:

2.4.1 Cancellation by you at any time will result in your deposit being forfeited, as all deposits are non-refundable. Where a Booking has been taken with a deposit which is less than our standard deposit (25% of the total Booking Fee), the Guest will, upon cancellation, be liable to pay the difference between the reduced deposit and our standard deposit.

2.4.2 In the event of cancellation within 10 weeks of check in the total cost of the accommodation including the deposit is non-refundable. Cancellation should always be in writing to [email protected]. The deposit is always non-refundable as it covers costs incurred and services provided to enable your Booking. These include, but are not limited to, marketing and PR, property inspection fees, Owner management, booking management, credit card fees and customer service.

2.4.3 Cancellation of any holiday after it has been paid in full and at a date 10 weeks or more in advance of your check in date, will result in forfeiture of your deposit (or an amount equivalent where one was not paid as the holiday was paid in full) and the balance being returned to you. Refunds will be processed in the currency of the booking. Where this is different to the currency of the payment card, this will be converted at the current exchange rate on the day of the refund.

2.4.4 If extreme weather prevents you from reaching your holiday, taking or finishing your holiday, you are still subject to these cancellation terms as outlined in clause 2.4.2 above. We strongly recommend that you take out a travel insurance policy which covers this eventuality. In the event of the property becoming unavailable (such as due to fire or flooding), Canopy & Stars will endeavour to provide the Guest with suitable alternative accommodation, starting with any other accommodation that may be available with the same Owner of your Booking, or will refund all monies paid, or a proportion in the case of curtailment. The Agency cannot, however, pay any compensation or expenses as a consequence of such an event.

2.4.5 Cancellation insurance is available but will be a third party arrangement and not involve Canopy & Stars or the Owner in any way. You are strongly recommended to take out personal travel insurance for all members of your party for UK holidays and you must take out personal travel insurance for international holidays, including for illness and cancellation due to Covid-19. It is your responsibility to ensure that the insurance cover is adequate for your needs, including cancellation and curtailment.

2.4.6 If you fail to check-in on your date of arrival your Booking will be cancelled and no refund will be due.

2.5 Owner’s General Amendment Charges:

2.5.1 Amendments to your Booking can only be made more than 10 weeks prior to the check in date, after which time amendments may be treated as cancellation and our refund policy as detailed in clause 2.4.2 above may apply. All amendments are subject to availability and may incur a fee which is at the Owner’s discretion (and is in addition to the Agency amendment fee as detailed in clause 2.2). Generally Owners will charge cancellation and amendment charges, the exact charges will be notified to you by the Owner at the time of cancellation and/or can be found in the Owner’s own booking conditions which are available from the Owner on request.

2.5.2 Differences in the total amount payable resulting from amendments to your Bookings will be refunded to you in the case of a decrease in price and paid by you in the case of increases in price.

2.5.3 In the event that a refund is issued it will be in the same form and ratio as the original payment was made. Therefore, if a Gift Voucher was used to purchase the original stay, the refund will be back onto a new Gift Voucher at the same amount as originally used.

2.5.4 In the event that a date swap is offered, this will normally be agreed with a set timeframe to rebook and sometimes a credit against a future stay will be offered via a Gift Voucher. Unless agreed otherwise, this Gift Voucher will only be redeemable with the same Owner as per the original Booking and Agency Booking Terms and Conditions would apply.

2.5.5 If a date swap is offered, then the Agency Booking Terms and Conditions applied at the time of your original booking will still apply. Therefore, if your date was swapped within 10 weeks of the date of the original booking was made, the 10 week policy applies to your new stay, but from the date of the original booking only. Any applicable refunds, as detailed in clause 2.4.2 will follow on this new stay, but will be calculated from the date that the original booking was made, as opposed to the date that the date swap was offered or the new date of stay.

3. Changes and Cancellations by the Owner

We will inform you as soon as reasonably possible if the Owner needs to make a significant change to your confirmed Booking or to cancel your Booking. We will also liaise between you and the Owner to try and organise an alternative Booking offered by the Owner, or a refund but we will have no further liability to you.

4. Cancellations due to events outside of Owner’s control

An Owner may have to cancel a booking due to events outside of their reasonable control (see clause 20). In such circumstances, we will liaise between you and the Owner to try and organise an any alternative Booking offered by the Owner, or a refund but we will have no further liability to you.

5. Complaints

Because the contract for your Booking is between you and the Owner, any queries or concerns should be addressed to them directly. We always aim to provide the best possible holiday experience, however, in the event that you have any complaint or problems during your stay, please immediately notify the Owner during the stay itself, so that the Owner has the opportunity to resolve the given problem at the time. If you do not follow this procedure there will be less opportunity for the Owner to investigate and resolve your complaint and to make your stay as enjoyable as possible. Delays may also mean that amount of compensation you may be entitled to may be reduced or negated. Whether or not your complaint is dealt with satisfactorily, please also let us know of the problem as soon as possible by emailing [email protected]. You will also be required to fill in our feedback survey which will be sent you via email the day after you check out. This will help us support you and the Owner with resolving anything. It is important to us and the Owner to know that you’ve enjoyed your stay or if anything could have been improved.

6. Pricing

6.1 Canopy & Stars reserve the right to amend advertised prices at any time on behalf of the Owner. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur.

6.2 Rates are set per place in the currency specified by the Owner. Where this has been converted into the currency of your preference, until the payment stage this will be an estimation only, based on a recent exchange rate. The original rate will be displayed before you confirm your payment and you will be given the option of paying in your own currency at our guaranteed rate, or paying in your own currency and leaving the conversion and any associated fees to your card provider.

7. Information & Accuracy

The information and prices shown on this website are varied from time to time and may change between the time you first view a property and make a Booking. You should check that all the details are as you expect prior to making a Booking. It is always possible that, despite our best efforts, some of the properties (including the features and extras available) may be incorrectly described and/or priced. If we discover this is the case after you have made a Booking, we reserve the right to contact you with details of the correct information and/or pricing and will give you the option to:

(1) proceed with the Booking based on the correct information and/or pricing, which may require the payment of an additional amount by you;

(2) subject to availability, change your booking dates to dates when the pricing can be honoured and so no additional charge to you. In the event that a lower price can be offered for alternative dates then the difference would be refunded;

(3) cancel the Booking. If we do not receive your instructions within 5 days of contacting you, we reserve the right to cancel your Booking without liability to you.

8. Our Responsibility for your Booking

Your contract is with the Owner and its booking conditions apply. As Agent, we accept no responsibility for the actual provision of the Booking. Our responsibilities are limited to making the Booking in accordance with your instructions and acting properly in accordance with our legal duties as an Agent. We accept no responsibility for any information about the Booking that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your Booking (or the appropriate proportion of this if not everyone on the Booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

9. Pets

9.1 Not all properties accept pets. If you wish to take your pet on holiday, please advise us before booking and we can check whether pets are accepted at the property. You must obtain the prior consent of the Owner before taking any pets to the property. If you take a pet to a place that doesn’t allow pets, or you exceed the number of pets allowed at a place, the Owner has the right to refuse you to stay at the Property, and/or they may ask you to leave the Property before the end of the holiday period. Please note that this would be without the right to any refund.

9.2 A nightly charge may be made by the Owner for each pet and additional terms may apply, you will be notified of this at point of Booking. Please check these terms carefully before booking and arriving.

9.3 Please do not leave your pets alone or unsupervised in the property at any time during your stay. For the safety and comfort of your pet we request that Owners exercise due diligence at all times, especially where the property is located near a road/livestock. Canopy & Stars nor the Owner can accept responsibility for the safety of your pet.

9.4 If any guest has an allergy to pets, please be aware that Owners (and we) cannot guarantee that a pet has not stayed in a particular Property. We and Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.

9.5. We ask that all owners of pets keep their pet under control at all times and to be responsible for ensuring that they do not damage the Property during the stay. You will be liable for any damage caused by your pet. Any damage is to be reported to the Owner immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner’s discretion.

10. VAT

Many of the Owners of properties in the Canopy & Stars portfolio are not registered for VAT in which case no tax is payable. Where VAT is payable, the tax is included in the advertised holiday rental price. If the rate of VAT changes between the date of the Booking and the date of the stay, Canopy & Stars will adjust the rate of VAT that you pay, unless you have already paid for the Booking in full before the change in the rate of VAT takes effect.

11. Visa, passport and health requirements

Unless you tell us otherwise, we assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the Booking you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the Owner of the Booking, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before the commencement of your holiday. Prior to international travel it is your responsibility to check whether it is safe to travel by visiting the FCO website www.gov.uk/foreign-travel-advice.

12. Insurance

You are strongly recommended to take out personal travel insurance for all members of your party for your holiday, including holidays in the UK. It is your responsibility to ensure that the insurance cover is adequate for your needs, including cancellation and curtailment. Please read your policy details carefully and take them with you on holiday.

13. Special requests

If you have any special requests (for example dietary requirements, allergy, cots or room location), please let us know at the time of booking. We will pass on all such requests to the Owner, but unfortunately, we can’t guarantee that they will be met and we will have no liability to you if they are not.

14. Group Bookings

Not all Owners accept Bookings for a single sex group (for example, a stag or hen party). Guests wanting to make such a Booking should check with us beforehand to enable us to check whether the Owner is prepared to accept the Booking. We will then advise you accordingly. In event that an Owner does not accept this type of Booking then it is with regret, that the Booking may be cancelled, and cancellation fees may apply. It is the Guest’s responsibility to enquire with Canopy & Stars and/or check on our website beforehand to make sure that this type of Booking is permitted.

15. Maximum Numbers

Please note that except by prior arrangement confirmed in writing, only the number of persons specified on a booking confirmation may occupy a property. Most owners reserve the right to refuse admittance or revoke a Booking if this condition is not observed and you are unlikely to receive any refund.

16. Your Responsibilities

16.1 Please note that you have a contract with the Owner of the property. As such you are under a responsibility to behave in a proper, appropriate and legal manner whilst staying at the property with due respect to the Owner, the Property and other guests and their Property.

16.2 During the period of Covid-19 or any other pandemic it is also your responsibility to ensure that you are healthy and safe to travel and that you respect the safety of the Owner and any other guests by conforming to social distancing and other government guidelines relating to your stay.

16.3 You are responsible for informing the Owner of any losses or damage to the property as soon as possible. Please note that you will be liable to pay the Owner for any losses or damage to the property caused by you or a member of your party (except reasonable wear and tear). Some Owners will also require damage deposits.

16.4 You must also leave the property by the check-out time specified on your Booking. If any guest behaves inappropriately or improperly (of which the Owner will be the final judge on their Property), or illegally, the Owner reserves the right to ask the guest and their party (at their discretion) to leave the Property before the end of the holiday period and/or refuse any future bookings from you. Any refund for so doing will be at the entire discretion of the Owner.

16.5 The Owner reserves the right to sue the guest for any loss, damage or injury caused to the Owner, the Property or to other guests and/or their property. As Agent, we will have no liability to you in these circumstances.

16.6 The Owner only supplies the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and the Owner has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact Canopy & Stars.

17. Governing Law and Jurisdiction

These terms and conditions have been drafted in accordance with and are governed by English law and the courts of England and Wales have exclusive jurisdiction in relation to any and all disputes arising out of these Agency Terms & Conditions.

18. Discrepancies

In case of a discrepancy between these Agency Terms & Conditions and any other Canopy & Stars literature, these Agency Terms & Conditions shall prevail.

19. Validity clause

In the event that a court finds that a condition in these Agency Terms & Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Agency Terms & Conditions, which will continue to be valid and have full force and effect.

20. Events beyond an Owner or Agency’s control

If an Owner or Canopy & Stars is prevented or delayed from complying with any of their respective obligations under these Agency Terms & Conditions or a contract for a Booking due to events or circumstances beyond their reasonable control, the inability or delay in performing those obligations will not be treated as a breach of these Agency Terms & Conditions or a contract for a Booking. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, pandemic (including Covid-19), any national/local/regional government restrictions.