TERMS & CONDITIONS
Tipsy Hens is a Tour Package Operator and arranges package weekends or accommodation-only for guests in Holiday Cottages
Your Contract is with us, and we have a contract with the owner of the Accommodation.
Our responsibility to you is to deal with your booking and, if agreed, arrange activities for you. We will make every effort to ensure the description of the Accommodation as it appears on our site is accurate and up to date.
Please read the following important terms and conditions before you book anything with us. These terms and conditions of booking (“Conditions”) set out our obligations to you and your commitments to us when you book with us. It is important to understand that the Conditions apply for all bookings with us (each a ‘Booking’) whether you have chosen to read them or not and are applicable to all members of your group.
By making a Booking with us, which is confirmed when you pay us a deposit and we notify you that the Accommodation is available to you on your chosen dates, you are accepting and agreeing to be legally bound by the Conditions. If you do not agree with any of these Conditions, you should not make any Booking with us or pay us a deposit.
In these Conditions:
- ‘We’, ‘us’ or ‘our’ means Tipsy Hens and
- ‘You’ or ‘your’ means the persons staying at the Accommodation pursuant to a Booking;
- ‘Group Leader’means the person who makes the Booking on behalf of the person(s) named in the Booking and who will be our point of contact (and any substitute for this person);
- ‘Package’ means the Accommodation together with any arrangements, activities, meals and/or services (or any of them) the subject of a Booking; and
- ‘Accommodation’ means the accommodation that you select and which subsequently forms the whole or part of the Booking.
Sections A and B of the Conditions will be part of your contract with us if your Package comprises only Accommodation.
Sections A, B and C of the Conditions will be part of your contract with us if your Package includes services as well as Accommodation and it will also be a package for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992 (the "Regulations").
If you are not sure which Sections of these Conditions apply to you or if you don’t understand any of these Conditions and want to talk to us about it, you can contact us by:
Monday to Friday 8am – 10pm
- Email firstname.lastname@example.org Monday to Friday 9am – 5pm.
Do you need extra help?
If you would like these Conditions in another format (for example: audio, large print, braille) please contact us by email or phone on the details set out above.
SECTION A: Terms applicable in all cases
A1 Except where expressly stated in these Conditions, these Conditions apply to all arrangements which you book through us and which we agree to provide as part of our contract with you.
A2 We will use reasonable care and skill in arranging your Package.
A3. Group Leader
The Group Leader is responsible for the following:
A3.1 the Booking and any payments due to us under these Conditions.
A3.2 collecting all the payments due from the other guests and making one payment, as due, to us at the relevant time(s).
A3.3 informing us at the time of booking of any guests under the age of 25.
A3.4 making sure all the guests are fully aware of these Conditions.
A3.5 making all other guests know and comply with the applicable rules for the Package.
A3.6 Taking out their own holiday travel /activity insurance.
A3.7 providing to us at our request (at any time prior to the start of the Package) evidence of identity and proof of address.
A4.1 Bookings are all subject to availability.
A4.2 A Booking is confirmed and our contract with you is formed (on the basis of the details in your original enquiry) when we receive your deposit and booking fee and we notify you that the Accommodation is available to you on your chosen dates.
A4.3 You must fully complete and submit the Booking form to us with the deposit. If you don’t do so, then we shall be entitled to cancel the Booking upon receipt of your Booking form on reasonable grounds and to retain the booking fee to cover our resulting costs and expenses.
A4.4 We will notify you at the time of Booking of any material changes to the Package from the details shown on our site and you are under no obligation to continue with the Booking if these changes are not to your satisfaction and we will cancel under clause A9.1.
A4.5 You must check all information on the Booking form. Please notify us immediately if any information or document appears to be inaccurate or incomplete.
A4.6 Once a Booking is confirmed:
- We cannot change the dates of your Booking.
- We cannot change the Package except as specifically stated in these Conditions.
A4.7 If we run a promotion or advertise a special offer after you have booked, the price payable by you at the time of your Booking will apply. You will not be able to take advantage of any promotions or special offers seen or introduced after your Booking has been confirmed.
A5. Number of guests
A5.1 At the time of Booking we will use the number of guests you have given to us as an approximate number of guests for the Booking.
A5.2 You must confirm the actual number of guests for the Booking at least 12 weeks prior to your arrival, or on making the Booking if it is made less than 12 weeks remain prior to your arrival. If you do not do so, we shall assume that the approximate number of guests you have given to us is the actual number.
A5.3 No guests are permitted to join the Package above the number of guests confirmed and paid for by you. If any additional guests join the Package, we reserve the right to:
- cancel your Booking with immediate effect;
- ask all party members to leave the activity/Accommodation (as applicable) immediately;
- retain all or part of your security deposit (if applicable) for breaking the house rules of the Accommodation and not abiding by these Conditions; and/or
- Invoice you for the additional guests.
A5.4 You can change the number of guests for the Booking at any time up to 12 weeks prior to your arrival, provided that the number of guests does not fall below the minimum number of people (if any) specified on our site in relation to the Package or exceed the maximum number of people specified on our site in relation to the Package. Additional charges may be payable for any such changes made.
A5.5 Once you have paid the balance due for the Booking, or the balance has become due for payment, whichever occurs first, if any guests confirm that they will not join the Package or part of it for any reason, we regret that no refund will be given.
A6.1 The deposit you pay on making a Booking and booking fee is non-transferable and non-refundable.
A6.2 The balance and the security deposit is payable by you at least 12 weeks prior to your arrival.
A6.3 If the balance and security deposit are not paid by the due date for payment, we reserve the right to cancel your Booking and we reserve the right to retain any sums paid by you to us to cover our costs and expenses caused by such cancellation.
A7.1 We recommend that you take out your own holiday insurance prior to travel, including cancellation insurance.
A7.2 We are not responsible for arranging travel insurance for you and we cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place.
A7.3 If you are unable to attend all or some aspect of your planned trip for any reason outside your control, and you have the appropriate insurance cover in place, we will be happy to provide you with a Statement of Payments Received to support an insurance claim.
A7.4 Only third party supplied activities provided as part of the Package may be enjoyed at the Accommodation and you may not invite any other third parties onto the Accommodation. Participation in the activities is at your own risk and it is your responsibility to ensure that any such sports and/or activities are covered by your insurance policy or that of the third party supplier.
A8. Amendments or cancellations by you
A8.1 If you cancel Booking after the deposit has been paid, the deposit and booking fee is not refundable and covers our costs and expenses caused by such cancellation.
A8.2 Once the balance and security deposit have been paid, or have become due for payment, we regret that it is not possible to make any changes to your Booking. If you cancel your Booking at any time after the balance and security deposit become due for payment or have been paid, we are under no obligation to refund any sums paid by you.
A8.3 We may, at our sole discretion, allow you to increase the number of guests for your Booking, and/or add extra activities, after the balance and security deposit have been paid, or have become due for payment. Additional charges will be payable immediately for any such changes made.
A8.4 No refund will be given if you cancel the booking or are not able to attend for reasons of “Force Majeure”
A9. Amendments or Cancellations by us.
A9.1 We reserve the right to cancel your Booking at any time:
- for any reason at our absolute discretion where we have serious grounds for doing so;
- if the Accommodation has unintentionally been double booked for all or part of the period of your intended stay;
- if we are informed that there is a problem with the Accommodation and it would not be safe or suitable for you to attend.
- if the owner of the Accommodation has cancelled its booking with us.
A9.2 If we cancel your Booking due to any of the reasons listed in paragraph A9.1, we will refund to you all amounts other than the booking fee paid by you for that Booking and we shall have no further liability to you. If we cancel your Booking less than 2 weeks prior to your arrival for a reason set out in paragraph A9.1, then we will also do our best to offer alternative accommodation or alternative dates.
A9.3 We reserve the right to cancel your Booking at any time if:
- the information you have given to us is incorrect and misleading;
- there is a problem with the activity and/or accommodation as a result of your acts or omissions (including but not limited to bad behaviour, breaking house rules, safety issues which are a concern to the owner or the activity provider).
- there is a reason beyond our control, including but not limited to war, or threat of war, riot, civil strife, industrial dispute, terrorist activity, suspected terrorist activity, natural or nuclear disaster, an act of god, fire, adverse weather conditions, technical problems affecting transport (‘Force Majeure’) For a Package including all activities or Accommodation only.
A9.4 If we cancel your Booking due to any of the reasons listed in paragraph A9.3, we may retain any sums paid by you. In addition, will we not be liable for flight delays or changes to your Booking as a result of health or other issues.
A9.5 We are not responsible for any failure to provide any part of the Package as a result of Force Majeure including when we have notified you that any part of the Package will not be available (or will not be as described on our website or otherwise will not meet the promises that we make to you) and you do not accept our offer to cancel the Booking under clause A9.1.
A10.1 If you have cause to complain during the Package, the matter should be raised in the first instance with the owner of the Accommodation or the supplier of the service (as applicable) as soon as reasonably practical using the contact details provided to you by us. If you are unable to contact the owner/service provider, then you should contact us as soon as possible.
A10.2 If you wish to make a complaint to us after your Package is ended, please notify us within 24 hours of the end of the Package. You should not contact the owner after your Package has ended. Please Email email@example.com
A10.3 You should provide the owner and his/her subcontractors with such access to the Accommodation as is reasonably required to address the cause(s) of any complaint raised with him/her.
A11. Responsibilities and liability
A11.1 We are responsible for taking all steps within our reasonable control to ensure your safety during the Package, including by drawing the attention of the owner and any service suppliers to any information on your Booking form which is relevant to them.
A11.2 It is your responsibility to inform us by way of the Booking form of any matter (including your health and dietary requirements and those of each member of the party) relevant to the Package and your enjoyment of it.
A11.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we will not be responsible for any injury, illness, loss, damage, expense or any other claim to the extent that it results from any of the following:
- a fault or negligence of any guest;
- any guest being under the influence of alcohol or drugs;
- an event for which we (and our employees or agents) owe no duty of care to you;
- any guest failing to follow owner or supplier instructions and these Conditions with regard to the use of facilities eg hot tubs, swimming pools etc.
A11.4 We are not responsible for any of your personal property during the Package.
A11.5 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations under these Conditions.
A12. Data Protection
A12.1 We will use information about you and members of your party for the purpose of processing the booking enquiry and for carrying out our obligations in accordance with this contract.
A12.2 We may also pass on your personal information and the personal information of members of your party to each person involved with supplying the Package for the purposes of providing the Package. Only personal information necessary for this purpose will be disclosed to them.
A12.3 If you post a review or any images online or on social media, you are responsible for checking with all other members of the group who are in the post/image/photo that they have given permission to be included within the post.
A12.4 From time to time we may contact you by email or SMS with information about special offers or packages if you have ‘opted in’ as part of the booking process. If you do not wish to receive such information, please use the unsubscribe button on each communication.
A13. Applicable law
A13.1 We and you agree that your Booking and your contract with us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
A13.2 We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with your Booking or your contract with us or its subject matter or formation (including non-contractual disputes or claims).
A13.3 Nothing in these Conditions affects any statutory rights that you may have under the applicable law and jurisdiction.
SECTION B: Terms applicable to Accommodation
B1. Accommodation details
B1.1 We will only provide the full address and/or Postal Code of the Accommodation to you once your final balance and security deposit has been paid. These details will be provided as part of your final Booking arrangements.
B1.2 We make every effort to ensure that the description of the Accommodation on our site is accurate and up to date, and to provide you with updates if the information regarding the Accommodation is changed by the owner, however we shall not be held responsible for any minor discrepancies in the Accommodation from the description(s) on our site, or any changes made to the Accommodation by the owner after the date of your booking enquiry.
B1.3 Prices are based on using the Accommodation as detailed on the website. Meals are not included unless specifically stated.
B1.4 We have sub-contracted our obligation to check that the Accommodation is safe to the owner. The owner checks all appliances, smoke alarms, carbon monoxide levels, and all other aspects of safety at the accommodation, maintains fire risk assessments and gas certificates and has the appropriate holiday home insurance in place. Please feel free to ask the owner for any proof of any safety measures or certificates you wish to see.
B1.5 If on arrival you are concerned about anything, you should contact the owner immediately and raise your concern(s). If you do not think that the owner is taking your concern(s) seriously then you should inform us immediately.
B2 During your stay
B2.1 The house rules applying to the Accommodation will be provided to you on your arrival at the Accommodation. In particular, you must not use any Accommodation for wild and noisy house parties and if you ignore this requirement you may be asked to leave, particularly if the Accommodation is in a residential area. We ask that the Accommodation and the neighbours/surroundings are respected at all times.
B2.2 We expect all members of the party to have consideration for other people. If you or any member of your party behaves in any way which is likely to cause danger, upset or distress to a third party and/or damage to property:
- we and/or the owner of the Accommodation are entitled without giving prior notice to terminate the stay of the person(s) concerned;
- the person(s) concerned will be required to leave the Accommodation and/or any service being provided, immediately;
- we will have no further responsibility towards such person(s) and in particular will not be responsible for alternative accommodation arrangements; and
- we reserve the right to retain any sums paid by you to us to cover our resulting costs and expenses.
B2.3 If the owner of the Accommodation feels the whole group is not complying with the house rules, then the owner has the right to ask all the guests in the Booking to leave immediately and we reserve the right to retain any sums paid by you to us to cover our resulting costs and expenses.
B2.4 If you or any party member brings a pet onto or into the Accommodation without prior authority, you will be required to pay an additional amount to cover the cost of pet occupancy. If the Accommodation does not allow pets, the owner has the right to enter the Accommodation and require you and all within the party to vacate the Accommodation immediately. If the owner does take this action, then your stay will be deemed to have immediately come to an end and we reserve the right to retain any sums paid by you to us to cover our resulting costs and expenses.
B2.5 General and Specific Rules
B2.5.1 Notwithstanding anything else in these Conditions or the house rules for the Accommodation you must comply with the following general rules throughout your stay:
- On arrival at the Accommodation you should check the location of all fire exits and if children are included in your party, you should check all toys, garden furniture and garden layout for suitability as well as window locks and other indoor facilities. It is your responsibility to check that children within your party are safe and that all guests are familiar with safety procedures;
- No smoking is permitted in the Accommodation;
- No candles are to be used;
- No bottles are to be left outside the Accommodation;
- No noise outside the Accommodation is permitted after 10pm;
- No music outside the Accommodation at any time.
B2.5.2 If a hot tub and/or swimming pool is available at the Accommodation, you must comply with the house rules including but not limited to:
- No glasses or food are permitted in or near to the hot tub or swimming pool;
- Hot tubs should not be used by anyone who is or might be pregnant;
- No one should use the hot tub for longer than 15 minutes. We will not be responsible (and nor will the owner) for guests who stay in the hot tub for more than 15 mins and get a heat rash or a skin irritation as a result.
- You should ensure that your insurance covers the use of the hot tub and/or swimming pool;
- You must not enter the hot tub or swimming pool or their vicinity under the influence of alcohol or drugs;
- It is your responsibility to check all safety and usage instructions and behave in a sensible manner while in or near a hot tub or swimming pool;
- It is your responsibility to ensure that children are fully supervised when in or near the hot tub or swimming pool;
- If you have reported any concern, whether to the owner or us, you must not enter the hot tub or swimming pool until the matter has been resolved;
- If you notice the water is dirty or discoloured, then please inform the owner straight away and do not use the hot tub or swimming pool until this has been checked by the owner. We will not be responsible (and nor will the owner) for any consequences of such use and nor for any other failure to comply with the house rules.
B2.5.3 If children are permitted at the Accommodation and form part of your group:
- Children must be supervised at all times;
- If there is anything that you are concerned about as a matter of safety for any child, then you should take the child into a safe environment until the matter has been resolved.
B2.5.4 If pets are permitted at the Accommodation and form part of your group:
- You must not allow any pets in the Accommodation unless you have notified us beforehand and we have agreed in writing;
- pets must not be left unattended in the Accommodation at any time;
- pets must not be allowed in any of the bedrooms or on any furniture;
- If a garden is described as enclosed, this does not mean “escape proof” for pets;
- You must clear up any fouling by the pet(s) immediately;
- You will be responsible for any damages to the Accommodation caused by your pet(s).
B2.5.5 If Wi-Fi is available at the accommodation:
- Please use this considerately and in accordance with the house rules. If you are unsure, please ask the owner on arrival at the Accommodation;
- It must not be used for any illegal or criminal activities;
- You are solely responsible for any illegal downloading at the Accommodation or any other misuse of the Wi-Fi.
B3. Leaving the Accommodation
B3.1 On vacating the Accommodation at the end of your stay, you shall ensure that the Accommodation is left clean and tidy and as you found it (with no blu-tac or sellotape on the walls, cookers clean, no dirty dishes left out or in the sink, food cupboards cleared out, fridge emptied, bins put out etc). Whenever you leave the property at the end of your stay or during the course of your stay please makes sure all windows and doors are locked, we ask that you check all windows and doors are locked when you go to bed. Failure to do this may result in losing your security deposit if any damage or loss occurs due to a break in which has been a result of the window and doors not been locked. The owner reserves the right to claim direct from the guests for any amounts exceeding their security deposit as a result of not locking the property up.
B3.2 A late checkout may be available, for an additional charge, subject to availability and to cancellation if we take a booking subsequent to agreeing a late checkout which requires us to have access to the Accommodation at the usual check out time.
B4. Security deposit and damage or loss at the Accommodation
B4.1 If during your stay there is any theft, loss, breakage or damage at the Accommodation by anyone in the party, you should report it to the owner as soon as possible (or if the owner is not contactable, to us).
B4.2 By booking the Accommodation you accept responsibility for any theft, loss, breakage or damage at the Accommodation.
B4.3 If during your stay, the owner is concerned about any possible or actual theft, loss, damage or breakage, the owner has the right to enter the Accommodation and to require you and all your party to vacate the Accommodation. If the owner does take this action, then your Booking will be deemed to have immediately come to an end and you will not be entitled to a refund of any amount.
B4.4 We reserve the right at our sole discretion to retain all or some of your security deposit to cover our costs and expenses in relation to:
- any theft, loss, damage or breakage at the Accommodation during your stay;
- any additional cleaning beyond that which would be reasonably expected of the Accommodation required after your stay;
- non-observance of the house rules;
- if keys are lost, a replacement of keys and/or locks;
- change in the water of a hot tub or swimming pool required after your stay because of your use of the hot tub/swimming pool;
- unauthorised additional guests attending the Package.
- if we or the owners receive any complaints of noise from the neighbours of the Accommodation.
B4.5 We will return your security deposit to you (net of any retentions) within 7 days of the end of your stay.
B4.6 If the value of the damage to the Accommodation exceeds your security deposit we may invoice you direct for the excess. Any such excess is payable within 7 days of the date of the invoice.
B4.7 In all cases of damage to the accommodation, the owner reserves the right to press criminal charges.
SECTION C - Packages Booked.
C1 Third party suppliers
C1.1 Third party suppliers are not employed by us and are acting as individual contractors. Each third party supplier has direct responsibilities to you including in respect of your health and safety and informing you of any rules and regulations that apply to the activity supplied.
C1.2 We pay third party suppliers a deposit per person at the time of booking, and on occasion the suppliers are paid in full at the time of booking ( on the date you pay the deposit to us ) for this reason it is not possible to refund you for any cancellations of any activities. Once you have paid the balance and the security deposit to us, our package coordinator will be in touch to arrange the times of your activities. Please be aware that it is not always possible to have the activities at a time you request, we will however try our best to accommodate your requests, but we have the right to book in your supplier at a time we feel is acceptable. If you are not happy with this time we can look at another activity for the same value or an upgrade, but no refund would be given at this point should you not accept the time slot allocated.
C1.3 We require all third party suppliers to maintain their own insurance.
C1.4 Each supplier reserves the right to refuse you (or any member of your group) access to any of the products and services detailed in your Package plan if it believes that that person is not fit to participate in the activity or if it, at its sole discretion, believes that the person’s behaviour is inappropriate.
C2. Activity Timings and Locations
C2.1 Our itineraries are designed for you to achieve maximum enjoyment from your Package. However, you are responsible for adhering to all advice and timings provided to you at all times. Failure to do so may result in your group being unable to participate in activities.
C2.2 You should contact us immediately if any information which appears on the Provisional Itinerary and/or Final Itinerary or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes after the Final Itinerary has been issued to you.
C2.3 Please note we do ask you to allow an additional hour and a half when booking spa treatments incase the treatment times goes over. We also ask that you allow up to 2 hours for any Pizza, Chinese or Curry delivery, we will try our upmost to make sure its delivered in an hour timeslot, but we do suggest you allow 2 hours incase the suppliers are busy on the evening and are running late. We will not be responsible for suppliers turning up late if they are within a 2 hour time frame.
C2.4 Please check you are happy with your delivery ( Pizza, Chinese or Indian ) before the driver leaves, for example but not limiting to: if the pizzas are cold or something missing from the order. Once the delivery is accepted we will not be able to offer any refunds should there be any complaints.
C3. Responsibilities and liability
C3.1 In the event that your chosen supplier is not able to provide the services that you book in accordance with the Booking, we will take all reasonable steps to provide a substitute providing the same or a similar service. Provided that we take those steps, we will have no further liability to you if the supplier is not available beyond refunding the sums that you paid for that service. Any compensation is at our discretion.
C3.2 We will not be responsible for problems arising due to any matter of which you are aware and do not disclose to us (whether at the time of the Booking or afterwards).
C3.3 You are responsible for any loss, damage or injury incurred as a result of your failure to follow the relevant supplier’s reasonable instructions.
C3.4 It is your responsibility to inform the supplier of any matter (including your health and dietary requirements) relevant to the supplier and your enjoyment of the Package.
C4. 1 If you feel unhappy at the service you are receiving from a third party supplier, you should address this at the time with the supplier concerned. You need to also inform us of any complaint within 24 hours after your stay.