website terms and conditions

[annegregory]

We have two self catering cottages which have been recently assessed and are in process of setting up a website.I need to include terms and conditions regarding bookings ,cancellations etc.Is there standard wording which can be used?

[Andrew Clay]

No there's not but you can look at the standard agency contracts to see the sort of things they have included.

[greenbarncottages]

It's a thorny topic that crops up endlessly in owners' discussions.

There's a template T&C's on the AKH site which is a startpoint, but it comes with a disclaimer of the chocolate teapot variety. The issue is that any agreement you make with a renter is covered by UK Contract Law, and anything you put in, or indeed leave out, of your T&C's is irrelevant if it engages unfair contract law.That really leaves the key reason for having T&C's as something that could help to resolve issues without it going to court.
It's not unreasonable to state eg that you require a 25% deposit with booking, with the balance 8 weeks before the rental commences. If you make a statement to the effect that the payment or deposit is non-refundable under any circumstances, you're on shaky ground. As an example if you take a deposit in January for a booking in August, and the guest cancels in February, it's highly likely that you could re-let the August slot; you are then not entitled to withhold the full deposit. That's a bit simplistic, and IANAL, but you get the idea.

The only verified template T&C's I've come across are produced by EASCO, but they're lengthy and if you change any part of them to suit your own circumstances they're no longer verified.

Nonetheless, it's worth creating your own T&C's and you might feel the need to include a condition eg that you can eject the guests based on disruptive behaviour (loud partying disturbing neighbours) or whatever - it's a case of producing something that is realistic and passes the common sense test of what is reasonable.

[kendalcottages]

If you make a statement to the effect that the payment or deposit is non-refundable under any circumstances, you're on shaky ground. As an example if you take a deposit in January for a booking in August, and the guest cancels in February, it's highly likely that you could re-let the August slot; you are then not entitled to withhold the full deposit. That's a bit simplistic, and IANAL, but you get the idea.

Hmmm... is that really so? It's news to me. We state that our deposits are non-refundable.

In the scenario you describe, what if you were unable to re-let? What if the person cancelled in March or May or June... at what point would it become acceptable to say "sorry, but you entered into a contract, agreed to our terms, and the deposit is non-refundable".

It had always been my view that the renter was liable not only for the deposit, but in fact also for the full amount should you be unable to re-let... (if indeed that's what your terms stated and they had agreed to those)...

...but IANAL also. :)

[greenbarncottages]

Hmmm... is that really so? It's news to me. We state that our deposits are non-refundable.

I'd better start off with the IANAL disclaimer! I tried to glean some information about this a while ago, and it seems that UK contract law overrides anything that you may decide to put in your T&Cs, and that there is a fundamental tenet that you should neither profit, nor lose, from a cancellation. Hence you are expected to make reasonable effort (whatever that might be??) to relet, and if successful you should refund the original client less any expenses you've incurred - additional advertising, reduced rate to secure booking, admin etc. If you can't relet, you don't refund. A statement that a deposit was not refundable in any circumstances would engage the Unfair Contract Terms act - hence the chocolate teapot.



In the scenario you describe, what if you were unable to re-let? What if the person cancelled in March or May or June... at what point would it become acceptable to say "sorry, but you entered into a contract, agreed to our terms, and the deposit is non-refundable".

You'd be liable to refund at the point when you sold the period again, not before. Yes, they've entered into a contract and the deposit is non-refundable if you cannot relet. If the terms the client agrees to are deemed unfair in law, they're disregarded.


It had always been my view that the renter was liable not only for the deposit, but in fact also for the full amount should you be unable to re-let... (if indeed that's what your terms stated and they had agreed to those)...



Agreed, and my understanding is the law states that would be your entitlement, even if you hadn't specifically included it in your T&Cs. You could sue for the balance.

Complicated, innit? And if I understood it, do you think I'd be running holiday lets for a living........?

Maybe one day we'll get a definitive, tested, watertight statement, but I'm not holding my breath.