Terms & conditions of Your Booking with Clowance Lodges
In these Booking Conditions, "we",
"us", "our" and "Clowance Lodges" means Ian Feber, acting for and on
behalf of individual timeshare owners.
Clowance Lodges arranges bookings of properties as agent of the owners
(the "Owner") of such properties. When you book a property through
Clowance Lodges you enter into a contract with the Owner of that
Clowance Lodges is responsible for the administration of your booking,
but does so solely on behalf of and as agent for the Owner. References
to "you" and "your" mean the person making the booking (the "party
leader") and all members of the holiday rental party (including anyone
who is added or substituted at a later date). These Booking Conditions
set out the basis of your contract with the Owner. They also deal with
Clowance Lodges' position. Nothing in these Booking Conditions affects
your normal statutory rights.
1. Your booking
All bookings are subject to availability. The party leader must be at
least 18 years of age at the time of booking. By making a booking, the
party leader confirms that he/she is authorised to make the booking and
that all party members agree to these Booking Conditions.
The party leader is responsible for making all payments due to Clowance
Lodges. Your booking is made as a private individual and you agree that
no liability can be accepted by the Owner or Clowance Lodges for any
expenses, costs, losses, claims or other sums of any description which
relate to any business, howsoever suffered or incurred by you. When
Clowance Lodges issues a written confirmation to you, this signifies
that the Owner has entered into a contract with you, which is subject to
The Owner has the right to refuse any booking prior to the issue of your
written confirmation, and if they do this, Clowance Lodges will tell you
in writing and promptly refund any money you have paid us. When you
receive your confirmation, the details must be checked carefully. If
anything is not correct, please tell us immediately.
2. Paying for your property
When you book your property, unless otherwise advised you must pay the amount then due by
bank transfer, or paypal, or using a credit or debit card through paypal.
In all cases your payment is made to "Ian Feber". Providing the
booking is confirmed, Clowance Lodges will send you written confirmation
as soon as reasonably possible. This will show your booking details and
your total holiday cost. The balance must be received by Clowance
Lodges within 7 days of your booking.
If you do not pay in full by the appropriate date, Clowance Lodges on behalf of
the Owner is entitled to assume that you wish to cancel your booking. In
this case, we will be entitled to keep any deposit or any other money
paid. Clowance Lodges will send out a reminder to you before your
booking is cancelled.
3. Cancellations or changes to your booking by the Owner or Clowance
We don't anticipate making any changes to your booking. But
occasionally, problems occur and bookings have to be changed or
cancelled. If this does happen, we will contact the party leader as soon
as is reasonably practical, to explain what has happened, and inform you
of the cancellation or change.
If a significant change has to be made (and you are not prepared to
accept the change), or your booking has to be cancelled, we will, if
possible, try to offer you an alternative property. If you do not wish
to accept a significant change, or any alternative property offered - or
if Clowance Lodges cannot offer you a suitable alternative - you will be
entitled to cancel your booking and receive a full refund.
These options are not available if we cancel your booking because you
have failed to comply with any requirement which entitles Clowance
Lodges or the Owner to cancel (such as not paying on time).
4. Circumstances beyond our control (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, the
Owner and Clowance Lodges shall not be liable, jointly or individually,
for any changes, cancellations, effect on your holiday, loss or damage
suffered by you, or for any failure by either of us to perform or
properly or promptly perform any of our respective obligations to you,
if this is due to any event(s) or circumstance(s) beyond the reasonable
control of either the Owner or Clowance Lodges (referred to as "force
majeure" in these Conditions). For example, force majeure includes fire,
flood, exceptional weather conditions, epidemics, destruction or damage
of the property by any cause (other than negligence of the Owner or
Clowance Lodges) and all similar situations.
No compensation, expenses, costs or other sums of any description
(including without limitation the cost of securing an alternative
property/ accommodation) will be payable by us in such circumstances. We
suggest you obtain suitable travel insurance to cover any money you may
lose if you suffer force majeure.
5. Property details
Clowance Lodges aims to ensure that the information provided by Owners
is accurately conveyed on our website or other material we produce and
circulate. But as Clowance Lodges acts only agent for the Owner, we
cannot accept responsibility for any inaccurate, incomplete or
misleading information about any property or its facilities and/or
Whilst every effort is made to ensure accuracy, changes and errors
occasionally occur. You must therefore ensure you check all details of
your chosen property and arrangements (including the price) with
Clowance Lodges at the time of booking.
There may be small differences between the actual property and its
description, as Seasons Holidays (who manage the properties on the
Clowance Estate) are always seeking to improve services and facilities.
Occasionally, problems mean that some facilities or services become
unavailable or are subject to restriction. If this happens, we will tell
the party leader as soon as reasonably practical after we become aware
of the situation.
Neither the Owner nor Clowance Lodges can accept responsibility for any
changes or closures to area amenities or attractions mentioned on the
website, by the Clowance Estate's holiday advisers or advertised
The Owner and Clowance Lodges shall have no liability for any death or
personal injury unless, in the case of the Owner, it results from the
You must take all necessary steps to safeguard your personal property.
No liability is accepted by the Owner or Clowance Lodges in respect of
damage to, or loss of, such personal property except, in the case of the
Owner, where the damage or loss is caused by the negligence of the
Owner. As Clowance Lodges acts only as agent for the Owner, Clowance
Lodges cannot accept any liability for any act(s) or omission(s) of the
Owner or anyone representing, or employed by, the Owner. Clowance Lodges
cannot accept any liability for any shortcomings or defects with or in
any property as all properties are within the sole control of the Owner.
Please also refer to Section 4 (Force Majeure) above.
7. If you change or cancel your booking
If you want to change your booking once your confirmation has been
issued we will endeavour to assist, but please bear in mind that changes
cannot be guaranteed. However, it is important to realise that any
change of property or dates will have to be treated as the cancellation
of one booking and the making of another. Because of this, cancellation
charges may be incurred which may be as much as the total cost of your
booking. We will advise the party leader if this is the case when the
change is requested. As party leader, you must then inform Clowance
Lodges as soon as reasonably possible whether you still wish to change
your booking. If you tell us that you do - or if you fail to contact us
as soon as reasonably possible - your booking will be treated as having
been cancelled by you.
To keep any period of uncertainty to a minimum, we will, whenever
reasonably possible, communicate with you by email. You are required to
do the same.
If you have to, or wish to, cancel your booking, the party leader must
email Clowance Lodges as soon as possible. You must also immediately
confirm the cancellation in writing, sent by recorded delivery to the
address shown on the booking form. The day Clowance Lodges receives your
email notification of cancellation is the date on which your booking is
If you have paid the balance of your total holiday cost and then have
to, or wish to, cancel, you will NOT receive a refund. If you have not
paid your total holiday cost, you may still be required to make the
further payment if we are unable to re-let or re-arrange your week. We
suggest you make sure suitable travel insurance arrangements are in
place to cover any money you may lose if you have to cancel your
8. Your property
You can arrive at your property at any time after 4.00pm on the start
date of your holiday rental. You must leave by 10.00am on the last day.
If your arrival will be delayed beyond 8.00pm on the start date of your
rental, you must contact the Clowance Estate Reception so that
alternative arrangements can be made. If you fail to do so, you may not
be able to gain access to the property. If you fail to arrive by 12 noon
on the day after the start date of your holiday rental and you do not
advise Reception, your booking may be treated as having been cancelled
by you. No refund of any money paid by you will be made in this
By taking possession of the keys, you agree to pay direct to Clowance
all additional charges such as metered electricity, internet use or
telephone calls, bar or restaurant bills, or fees for golf or beauty
treatments, incurred by you or your party during your stay.
You and all members of your party agree both to keep the property clean
and tidy, to follow all instructions provided, and to leave the property
in a similar condition as you found it upon your arrival. You and all
members of your party further agree not to use the property for any
commercial purpose, including without limitation assigning or subletting
it or otherwise allowing anyone to occupy it who has not previously been
accepted by Clowance Lodges on behalf of the Owner. You are responsible
to the Owner for the actual costs of any breakage or damage in or to the
property - along with any additional costs that may result - which are
caused by you and/or any members of your party, and the Owner can
require payment from you to cover any such costs.
The Owner is entitled at his/her sole
and absolute discretion to refuse to hand over to you, or to repossess,
the property (which includes the fixtures, fittings, furnishings and
decorations) if the Owner reasonably believes that any damage is likely
to be caused, has been caused or is being caused by you or any members
or your party. These circumstances will be treated as a cancellation by
you. You also must not allow more people than the booking form states to
occupy the property, neither can you significantly change the
composition of your party during your occupation of the property, nor
can you take any pet into the property. If you do any of these things,
the Owner can refuse to hand over the property to you, or can repossess
it. If the Owner does so, this will be treated as a cancellation by you.
In these situations no refund of any money you have paid will be made
and neither the Owner nor Clowance Lodges will have any liability to you
as a result of this situation arising (including, for example, any costs
or expenses you incur due to not being able to occupy the property, such
as the cost of securing an alternative property/ accommodation or the
payment of any compensation to you). The Owner or Clowance Lodges will
also not be obliged to find any alternative accommodation for you.
You must allow the Owner and any
representative of the Owner (including workmen) access to the property
at any reasonable time during your occupation of the property (except in
cases of emergency or where a problem needs remedying quickly and you
cannot be contacted in time - in these situations the Owner is entitled
to enter the property at any time without giving you prior notice).
9. Communicating With You
In order to process your booking, Clowance Lodges needs to collect
certain personal details from you. But rest assured, Clowance Lodges
will never give, sell or provide your name and contact details to any
other individuals, companies and organisations, for any purpose other
than to arrange and provide your holiday booking.
Clowance Lodges would like to store
and use your personal details in order to send you emails about special
offers, future availability etc. Please tell us if you do not want to be
contacted in this way.
The contract between you and the Owner is subject to English law and no
other, and is formed in Leeds, England. It is agreed that any dispute
you may have with the Owner or Clowance Lodges will be dealt with by the
Courts of England and Wales only unless you live in Scotland or Northern
Ireland in which case proceedings may be brought in the Courts of
Scotland or Northern Ireland respectively.
11. Your rights
Your statutory rights are not affected by anything contained within
these Booking Conditions.