Our Terms and Conditions Explained
Access to and use of this site (exclusivelyuk.co.uk) is provided by Exclusivity Group Limited. subject to the following terms:
By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. If you do not agree to be legally bound by all the following terms please do not access and/or use this site.
Exclusivity Group Limited may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended
Use of exclusivelyuk.co.uk and any subsidiary domains (e.g exclusivelywarwickshire.co.uk)
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use this site’s content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content except for your own personal, non-commercial use. Any other use of this site’s content requires the prior written permission of Exclusivity Group Limited.
You agree to use this site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of this site. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this site.
Disclaimers and Limitation of Liability
Site content, including the information, names, images, pictures, logos and icons regarding or relating to Exclusivity Group Limited, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy..
Under no circumstances will Exclusivity Group Limited be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.
Exclusivity Group Limited does not warrant that functions contained in this site’s content will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs.
Every care is taken to ensure any files available for download from this site are free from viruses. However, Exclusivity Group Limited except no liability for the following losses or damage caused as a result of downloading files from this site: (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action.
The names, images and logos identifying Exclusivity Group Limited and their products and services are subject to copyright.
In these booking conditions, ‘the customer’ or ‘you’ and ‘your’ refers to all the people named on the booking form, including anyone who is added or replaced at a later date. ‘We’, ‘us’, ‘our’ or ‘the agent’ refers to Exclusivity Group Limited (registration number 09676636), Kingswood Farm, Old Warwick Road, Lapworth, Warwickshire, B94 6LX. ‘Exclusively Warwickshire’ and ‘Exclusively UK’ are trading names of Exclusivity Group Limited. ‘Owner’ refers to the owner of the accommodation you wish to book through us.
Before booking through us, please read these terms and conditions carefully and all the other information relevant to your booking, including:
We are acting as an agent for the Owner of the accommodation in administering bookings of the accommodation for the purposes of short stays for holidays or business. We have the authority from the Owner to accept bookings and take payments on behalf of the Owner.
We also act as an agent for other service providers. When you book accommodation with us acting as agents for the Owner or arrange any other services through us, you are entering into a contract with the owner or service provider and we charge a booking fee for this service.
As we act as agents when taking your booking, we accept no legal responsibility for any contract that you enter into for the accommodation or services, or for the acts or failure to act of any Owner or service provider, or other person responsible for providing the accommodation or services to you.
When you make a booking with us for accommodation which is subsequently confirmed by us, the Owner grants you a licence to occupy the accommodation for the agreed dates only. There is no relationship of landlord and tenant created. You shall not be entitled to a tenancy, or to an assured short hold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when the rental period ends.
Making Your Booking
All bookings depend on the accommodation being available. You, as the person in charge (the party leader) must be over 18 years of age at the time of booking. All other members of the party must authorise you to make the booking and agree with the terms and conditions. By making the booking, you warrant that you are authorised to make the booking on behalf of yourself and all of the members of the party. You, as party leader are responsible for making all payments due to us.
When you submit a booking via our online reservation system, you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email from us.
Once we have confirmed that the accommodation is available and we have received the deposit payment from you, we will send you written confirmation of the booking as soon as we can by e-mail. If you do not have an e-mail address, we will post confirmation out to you. This confirmation will show your booking details, any amounts still outstanding and the date by which they must be paid. For bookings made within eight weeks of the commencement of your stay, the full amount must be paid immediately on making the booking.
We have the right to refuse any booking before we have sent you written confirmation. If we do this, we will inform you in writing and refund any monies you have paid to us in relation to the refused booking. Where this occurs, we, the Owner of the accommodation or any other service provider will not have any legal responsibility to you.
You must check your booking confirmation carefully on receipt and inform us immediately if any of the details are incorrect.
If you make a provisional booking, we shall hold the accommodation for 24 hours. After this time the accommodation will be released unless we receive confirmation of the booking and the deposit due or the full amount if less than eight weeks prior to commencement of your stay.
Please note that the price quoted is for accommodation only and does not include any travel to and from the accommodation. All travel arrangements must be organised by the customer, and any information offered by us should be thoroughly checked by the customer, to ensure it is correct and appropriate. We cannot be held responsible for travel arrangements to or from the accommodation.
We recognise our responsibility under the Disability Discrimination Act 1995 not to discriminate against disabled people in any way and to encourage Owners to take reasonable steps to improve accessibility to accommodation offered for holidays. Access Statements are available for some of the accommodation. Some accommodation, particularly older cottages, and/or the location/topography may be unsuitable for people with mobility difficulties and we try to make this clear in the accommodation description. It is your responsibility to inform us in writing or by email the nature of a disability of any member of your party prior to booking. If we consider that the accommodation may be unsuitable for a disabled person, we will advise you before the booking is confirmed.
A deposit is payable at the time of booking the accommodation in order to secure the booking. The deposit is calculated at 30% of the full holiday cost. The full holiday cost shall include the accommodation rental cost, booking fee, any additional/optional charges for the use of the accommodation (for example; pets, heating, logs etc.), and the cancellation plan fee (should you wish to opt for this service). Where VAT is applicable it is already included in the costs quoted. In most cases the deposit is non-refundable.
We only accept payment in pounds sterling.
Payment can be made by cheque, bank transfer, credit card or debit card. Credit or debit card payments can be made over the telephone or through our secure online payment portal.
The balance due on the holiday should be paid eight weeks before the planned commencement of your stay. However, if you book less than eight weeks before the planned commencement of your stay, the full holiday cost shall be payable at the time of booking.
If we have not received the full amount due in relation to your booking by the due date as specified on your booking confirmation, then we will assume that you do not wish to continue with your booking. In these circumstances your booking will be cancelled immediately and you will not be entitled to a refund of the deposit. You may incur additional charges. Please refer to the Cancellations section for full details.
We may charge up to 2.5% of the full holiday cost for payment by credit cards to cover the costs incurred to us for processing credit card payments. Cheques, bank transfers and debit cards are not subject to additional charges. If a payment is refused or returned, we will charge an administration fee of £25. We do not retain or store credit card or debit card details.
We review the pricing of our accommodation on a regular basis, and therefore prices can be increased or reduced at any time. We may also correct mistakes in the pricing at any time. We will confirm the price of your accommodation on your written booking confirmation. Please check this carefully when you receive it so any mistakes can be rectified at the time of booking.
All prices quoted will include any taxes which may apply to your holiday when the booking is made.
All prices quoted are on a per accommodation, not a per person basis.
We charge a £25 booking fee on every booking for the services we provide in administering your booking.
We operate an optional Cancellation Plan for customers who are resident in the UK, the cost of which will be added to your holiday cost at the time of booking. For overseas customers, it is recommended that you take out your own cover. Details can be found in the ‘Cancellation Plan’ section. Please note that the Cancellation Plan is not an insurance policy and is completely optional.
Changes to your Booking
In the case of any changes, you should contact us as soon as practicably possible to inform us of the changes as soon as they become apparent. We request that you also put this in writing to us.
If you need to make changes to your booking we will endeavour to satisfy your request, but there are certain circumstances in which this may be difficult and/or be subject to an administration fee of £25. We cannot guarantee that the Owner or service provider will be able to fulfil your request.
Changing the dates of your booking may constitute a cancellation and rebooking, and will therefore be governed by the ‘Cancellations’ section. It will also be subject to the terms and conditions of the Cancellation Plan (if you have opted for this when booking) and may incur cancellation and rebooking administration charges. Please see the section named ‘Cancellations’ for more details.
The ‘Cancellation Plan’ is only available to persons who are resident in the UK who have opted to participate in the Cancellation Plan. Overseas visitors will need to arrange their own cover. If you have to or want to cancel your booking, you must contact us as soon as possible to inform us. The day in which we receive your cancellation notice is the date on which we will cancel your booking with the Owner. Please put your cancellation in writing to us as confirmation of your intention to cancel. (If you have opted to take the Cancellation Plan then please refer to this for further details).
We shall immediately re advertise the accommodation as available for that period on the website. If you cancel and we manage to re-let the accommodation before the balance is due, at the same value that you have agreed to pay for the period then we will refund the deposit less; the booking fee, any credit card charges and an administration charge of £60.
If we are unable to re-let the accommodation for that period, then you shall remain liable for the full payment due on the balance due date. Should we manage to re-let the accommodation after you have paid the balance remaining, we will refund an amount up to the value that the new hirer is paying for the accommodation, less the booking fee, any credit card charges and an administration charge of £60. The amount may be significantly less than your original booking as we may have had to discount the accommodation or let it for a shorter period in order to find a customer at short notice.
If you have opted to take out our ‘Cancellation Plan’, then please refer to this section for further details. If you have paid the balance on the booking, refunds will only be considered under the terms of the ‘Cancellation Plan’ and are entirely at the discretion of Exclusivity Group Limited.
Please note that any booking fees, credit card fees, Cancellation Plan fees or administration charges that have already been paid will not be refunded.
Cancellations or changes by the Owner or Service Provider
We do not expect to have to make any changes to your booking. However, sometimes problems occur and bookings have to be changed or cancelled. We will contact you on behalf of the owner or service provider as soon as we can to explain what the problem is. Where possible we will offer you suitable alternative accommodation, which, if not acceptable will entitle you to a full refund of monies paid. You will not have any further claim against Exclusivity Group Limited or the owner. Reservations taken via our website are not confirmed bookings until payment has been taken and a booking confirmation sent out to you.
Events Beyond our Control
Unfortunately, we, the Owners, or service providers, will not be legally responsible for any compensation if we are prevented from carrying out our responsibilities under this contract as a result of events beyond our control including;
Strike, lock out or labour dispute; natural disaster; acts of terrorism, war, riot or civil commotion; malicious damage; keeping to any law or government order; rule, regulation, or direction; accident; breakdown of equipment or machinery; insolvency or bankruptcy of an Owner or service provider; infestation, fire, flood, snow, storm; difficulty or increased cost in getting workers, goods or transport; and any other circumstances affecting the supply of goods or services.
We reserve the right not to accept your booking or to cancel it if we are required to do so by any law or government regulation.
Our Legal Responsibilities to You
As we are acting only as an agent on behalf of the Owner or service provider, we cannot accept any legal responsibility for any act or neglect on their part or of anyone representing them. We cannot accept any liability for any problems or faults with or in any accommodation. We do not warrant that the accommodation will be suitable for you or your needs and we make no representation about the condition of the accommodation or its suitability.
Your contract with the Owner is governed by separate terms and conditions issued by the Owner.
Nothing in these booking terms and conditions shall limit or exclude our liability to you for any death or personal injury caused as a result of our negligence or breach of statutory duty.
If you have any complaints about the services we provide, you must let us know immediately in writing. Our liability to you is limited to the commission we have earned for the booking, if we are found to be at fault in relation to the services we provide. We cannot be held responsible for the accommodation or service provided by the Owner or service provider.
Neither we, nor the Owner can be held responsible for noise or disturbance that comes from beyond the boundaries of the accommodation or are beyond the Owner’s control. If we are aware of a problem, we will inform you prior to your arrival to let you know.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool systems or the failure of public utilities.
The Accommodation and your Responsibilities
You can arrive at your accommodation any time after 4pm on the start date of your rental period, and leave by 10am on the last day (unless we tell you otherwise). If you are unable to arrive before 8pm, you must contact the housekeeper as specified in your booking confirmation or you may be unable to get into the accommodation.
All personal belongings are left at the accommodation entirely at your own risk. We do not accept any responsibility for any loss, damage or injury that occurs during your stay.
You and all members of your party agree to keep the accommodation clean and tidy and leave it in the same condition to when you arrived. We ask that you behave courteously towards neighbours, housekeepers and Owners and do not break any laws whilst occupying the accommodation.
The license granted to occupy the accommodation is personal to you and is limited to the period of the holiday rental and not for any longer period. Under no circumstances may you sub-let or grant occupation to a third party.
You and all members of your party agree not to use the accommodation for illegal or commercial purposes including subletting it or allowing anyone to stay in it who is not previously declared when booking the accommodation. You must not do anything which would invalidate the insurance on the accommodation.
You will be responsible for any breakages or damage in or to the accommodation and its contents whilst you are staying there. You will be responsible for paying to put any damages right with the Owner. Therefore, any issues, missing items or damages should be reported to the Owner/housekeeper on arrival at the accommodation. Should any of your party cause any damage, please notify the Owner/housekeeper at the earliest convenience, so that it can be repaired or replaced.
The Owner has the right to refuse to allow you into the accommodation, or ask you to leave if they believe any member of the party or guests are behaving illegally or antisocially or if they believe that damage is being done or will be done to the accommodation. In these circumstances it will be treated as a cancellation by you and therefore you will forfeit any monies paid.
Some Owners require the payment of a damages deposit. Where this is the case, we will take the damages deposit amount prior to your arrival at the accommodation. Once you have vacated the accommodation, the housekeeper will inform us if there are any problems. Your money will be returned to you, less any costs for breakages etc., within two weeks of the end of your stay.
No more than the maximum specified number of people on the website should occupy the accommodation. If you wish to invite guests, then you must gain prior consent from the Owner before doing so. Only the persons specified on the booking form are allowed to stay in the accommodation. You must not hold events such as parties in the premises without advance consent of the Owner. The Owner has the right to refuse entry or repossess the accommodation. If this should occur, then we will consider it as a cancellation by you. In these situations, you will not be entitled to any refund of monies you have paid for your booking. Neither we, nor the Owner will be legally responsible to you as a result of this situation. Therefore, we will not pay any costs incurred by you for finding alternative accommodation, nor will we be under any obligation to find alternative accommodation for you.
Access to Accommodation
You must allow the Owner, or their representatives, access to the accommodation in order to fulfil maintenance tasks. They will contact you to arrange an appropriate time. If there is an emergency, then there may be a necessity to enter the accommodation without giving you prior notice. This will only be in exceptional circumstances.
Pets will only be allowed in the accommodation if they are by prior arrangement with the Owner. Under no circumstances should pets be allowed into the sleeping areas, on beds or furniture. Pets must not be left unattended at any time in the accommodation, including the garden. Pets should be kept on a lead within the boundaries of the accommodation. Registered assistance dogs will be allowed in the accommodation.
If any member of your party has a pet allergy, we cannot guarantee that the accommodation has been pet free and therefore cannot be held responsible for any health reaction. All dog mess must be cleaned up on a regular basis and prior to leaving the accommodation.
Use of Facilities
The use of amenities and facilities offered at some accommodation, such as swimming pools, rowing boats, etc. are entirely at the user’s risk and no responsibility can be accepted for injury, or loss or damage to users and their belongings.
Due to the contract being between you and the Owner, you should put any queries or concerns to them. If you give them plenty of notice of a problem, then they should be able to satisfactorily sort it early on during your stay. If you cannot contact the Owner or representative, or are not happy with their response, then you can contact us on our office number. We will endeavour to sort any issues out. If you still feel that it has not been resolved satisfactorily, then you must put it in writing to us within 30 days of returning from your stay, and we will contact the Owner on your behalf. As we only act as an agent for the Owner, we cannot accept any legal responsibility for the accommodation that you stay in, and therefore, we will not accept any liability to you for any compensation. Any dispute, will be governed by English law and will be dealt with by the courts of England and Wales.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales.