Holidaymaker Terms of Use

Thank you for using CottageGems.com

We recommend that you read through these terms of use before using this site.  These terms of use apply to use of this website whether accessed by desktop, tablet or mobile and also to our services accessed by phone or email.  By using this website you agree to be bound by our terms of use.  Please cease use of CottageGems.com if you do not agree with these.  We reserve the right to amend and update these terms of use.

‘We’ means CottageGems.com, ‘you’ or ‘guest’ means you, and ‘owner’ means the property owner or agency that has listed their property(ies).

1.  About this website and our service:

Cottagegems.com is owned and managed by X.E. Website Solutions Ltd, trading as Cottage Gems, a company registered in England and Wales under company number 03991504 and with our registered office at Office 6, Nags Corner, Wiston Road, Nayland, Essex, CO6 4LT.

We provide an online platform and various tools and services that allow guests to interact with owners and agencies of luxury self-catering accommodation, and also a facility for guests to book accommodation via our online reservation service.  Payment services are provided by third party companies.

These webpages, content and the online reservation service (including the facilitation of payment service) are available for your personal, non-commercial use only.

 
2.  Information about www.cottagegems.com

All properties featured on this website advertise that they are of a luxury standard.  We do not however inspect any of the properties listed and make no representations to you about the suitability of the accommodation listed on this website for you.  We recommend that you satisfy yourself that the accommodation meets your own specific personal requirements before you make a booking.

‘Owner’ luxury cottage listings are from independent cottage owners and from cottage agencies.

The information on our site is based on the information provided to us by owners or agencies.  We cannot be held liable in the instance of any errors or inaccuracies on this website.  We take all reasonable steps to ensure that the information is correct but cannot guarantee that it is error free and complete and cannot be held liable for any errors or inaccurate information.  The accuracy of the pricing, property particulars and availability information are the responsibility of owners or agencies.

Although we cannot be held liable for inaccuracies or errors, we use reasonable skill and care to address any issues.  If you believe there to be any inaccuracies or errors please contact us via our contact form with full details.  We will then raise any issues with the relevant owner or agency and ask them to address the issue.  We reserve the right to remove advertisements from our sites if issues are not addressed by owners or agencies to our satisfaction.


3. Booking Accommodation on Cottage Gems and Collection of Payments 

3.1 When you make a booking for a property on Cottage Gems you agree to pay all charges for your booking including the full holiday price and our booking fee and any other applicable taxes.  You agree that our third party payment processing provider will charge and collect payment for the holiday from the card details you provide to us during the booking process and according to the schedule of payments shown at the point of booking.  The applicable cancellation policy specific to your booking is as stated on the relevant listing.

Once a confirmation email from Cottage Gems is sent to you, a contract is formed between you and the owner of the property. Cottagegems.com has a damage responsibility policy and you agree to adhere by this.

You and the owner are responsible for performing your obligations under such contracts and with the exception of our obligations under the payment collection agreement, Cottage Gems disclaims all liability relating to such agreements.  

Online payments as part of the online booking process on Cottage Gems are supported by a third party payment service provider and this payments service is subject to their terms and conditions.

Depending on the property and on your holiday dates, payments are collected as 1 or 2 payments (Pay Part Now and Pay Part Later).  You agree when you are paying in 2 payments that you may not be able to pay for the booking with a different payment method from that used for Payment 1 and that the payment schedule cannot be varied.

If we are unable to collect your payment, we will notify you of the declined payment and require you to make payment within 72 hours.  If you fail to complete the payment, you authorise us to cancel the booking on your behalf.  If the booking is cancelled, you will be refunded based on the cancellation policy that applies to the property that you booked.

3.2  We in no way purport to offer an agency service.

3.3.  When you make a booking, this is for a limited time period for the purpose of a holiday, or short term stay, and for the dates specified in your booking confirmation only.  If you over stay past the check out date specified in your booking confirmation, the owner has the right to make you leave the property in a manner permitted by applicable law, and you may incur reasonable overstay penalties.  You may not exceed the maximum number of guests agreed on the booking confirmation.

 

4.  Cancellations and Refunds
If you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to your reservation.  If the property owner or agency cancels the booking, you may be entitled to assistance with rebooking or a partial or full refund.  Our booking fee is non refundable.
 


5. Booking Modifications

5.1 You and the owner are responsible for any booking modifications you agree to and agree to pay any additional amounts associated with any booking modifications.

5.2 Booking Fees
CottageGems.com charges guests a booking fee.  We reserve the right to amend our fees at any time by updating the information on our site.  Fee changes will not affect pre-existing bookings.  Booking fees are non-refundable.


6  Complaints

Cottage Gems does not become party to any contractual relationship between the guest and the owner and is not obliged to mediate between the guest and the owner in the event of any dispute between the two parties.  


7.  Cottage Gems Rules

By using CottageGems.com you agree to the following code of conduct:

•    Be polite and respectful.
•    Do not discriminate or be abusive,
•    Do not lie or attempt to defraud,
•    Do not hack the websites or attempt to enter in any programming code.
•    Honour your legal obligations.
•    Do not use the platform to send commercial messages or to spam owners
•    Do not request to make a booking outside of CottageGems.com to avoid paying fees or for any other reason.


8.  Acts and Omissions
You are responsible for your own acts and omissions and those of anyone within your party.


9.  Links to external websites.

We cannot be responsible for the content on external websites.  Where links are present on our website to external websites, these are for solely for informational purposes.  If you find any links on our site that you believe to be inappropriate please email us via our contact form.
 
10.  Copyright and Appropriate Use of this website
We reserve copyright for the content of this website including our logo.  The information on this website is for your personal use and not for commercial use.  We do not permit you to copy, modify, sell, re-sell, download, monitor or reproduce any information or contents for any commercial activity or for any purpose.  You must also not use our website for illegal, immoral or any unauthorised purposes such as hacking, fraud etc.

11.  Termination
You may terminate this agreement by deleting your account, although the terms of any pre-existing bookings made via Cottagegems.com will still apply.  We may terminate this agreement immediately if you breach our rules, you violate laws, there is evidence of fraudulent behaviour, your account has been inactive for 3 years or more or it is deemed necessary to protect the property of CottageGems.com

12.  Reviews
After each booking, you will have to opportunity to review the accommodation and the owner.  Your review must be truthful and must not contain any defamatory, offensive, discriminatory or false statements.  Reviews are not verified by Cottage Gems.
 
13.  Appropriate Insurance
For your protection and security we recommend that you take out appropriate holiday insurance for your luxury self-catering break.
 
14.  Intellectual Property
We reserve all rights to the intellectual property rights on www.cottagegems.com  
 
15.  Your Privacy
We never sell or pass your data on to third parties and wherever possible do not use cookies, except on log in sections of the websites where cookies cannot feasibly be avoided.

16.  Enforcement
If any of the above terms is for any reason unenforceable, this does not affect any other terms listed above.

17. Claims and Disclaimer

17.1 Your contract for the rental of any property you book on CottageGems.com is with the relevant owner. We are not involved or party to that contract.

17.2 You acknowledge that any claim you may have that is connected with a dispute with a an owner in relation to a booking must be brought against the owner and not against us.


The Limits of our liability

18.1 We act as an online advertising service through which guests can search for and book accommodation and owners or agencies can advertise luxury self-catering properties.  We make no representations or guarantees regarding the suitability of the accommodation for you and cannot be held responsible for the conduct of owners.


18.2 As far as is permitted by law, we exclude:

(a) any loss you suffer or incur as a result of:
(i) the omission or act of any owner on of our websites or any failure of any owner to comply with any of the terms applicable in the contract between you and the owner.
(ii) any incident, accident or other occurrence which takes place at the property;
(iii) Any liability for any direct or indirect loss caused by any user in connection with the use, results of using our sites or inability to use our sites correctly including:
(iv) loss of income, loss of contract, goodwill, indirect of consequential losses or damages, liabilities, costs, data or wasted time.


19. About the internet and our websites

19.1 We and all other internet businesses have no control over the global network that is the internet. In common with the majority of online advertisers, we take website security very seriously and take all reasonable steps to ensure high standards. However we cannot be held responsible for service interruption or the transmission of viruses, or other malicious computer code through our websites.

19.2 We advise that you take care and manage risks when it comes to dealing with internet transactions. Certain scams do operate via the internet and we advise that you do due diligence to ensure your safety online.

19.3 Whilst we take all reasonable steps to ensure that our websites are available at all times, we cannot be held liable if for any reason our websites are unavailable at any time or for any period.

19.4 Access to our websites may be suspended without notice for any reason including (but not limited to) maintenance or system failure.
 

20. Changes to our Websites
We are constantly improving and updating our website. As part of that process, we may change or cease to continue any facet of or content on www.cottagegems.com at any time.

 

21. Events outside our control
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”) such as strikes, civil riots and so on and so forth.


22. Our right to vary these terms and conditions
22.1 We have the right to revise and amend these terms and conditions from time to time by amending this page or by publishing notices elsewhere on our site.

23. Law and jurisdiction
Contracts for placing advertisements on our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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