Fresh Air Terms and Conditions (HTG)

Terms and Conditions for Fresh Air Holidays

Fresh Air Holidays is a trading style of Fresh Air Property Management Ltd. Fresh Air Property Management Ltd is a booking agent working on behalf of the property owner. The following terms and conditions apply to your booking via Fresh Air Holidays; please read carefully to find out about your rights, as well as what is expected of you, as guests.

You are responsible for ensuring that other members of your party are aware of these Terms and Conditions (“these terms”) and that all in your party consent to you agreeing to these terms on their behalf.

These terms apply to all bookings made via any website owned by Fresh Air Property Management Ltd including but not limited to www.fresh-air.holiday and www.fresh-air.co.uk (“our website”) in addition to bookings made via other online travel agents (“OTAs”). Bookings made via OTAs may be governed also by the T&C’s of the OTAs; however, these terms shall apply notwithstanding. Certain provisions of these terms do not apply when you book via OTAs; these provisions are marked with an “*”.

Definitions:

Fresh Air Property Management We are ‘Fresh Air Property Management Ltd also t/a Fresh Air Holidays, a company registered in England and Wales under company number 10470013 with registered address at The Grain Store, Hills Barns, Appledram Lane South, Chichester, West Sussex, PO20 7EG; hereinafter also referred to as ‘we’ or ‘our’ or ‘us’.

Guest – means the person completing the booking on behalf of the booking party who may also be referred to as ‘the organiser’ or ‘you’. References to and the obligations of the guest apply to all group members / guests of the booking party.

Booking Party – means all persons named on the booking, including anyone who is added or substituted at a later date.

Booking request – means submitting your details and requirements to us, through our website or OTAs.

Booking Confirmation – means the confirmation receipt provided in writing by us after your payment is received and only after details have been checked and agreed by us. A contract is not formed until a booking confirmation is sent.

Contract – means the agreed booking details attached to the Booking Confirmation received from us by email. A contract is formed between the guest(s) and the owner and shall incorporate these terms.

Data Protection Regulation – means all legislation in force in the United Kingdom from time to time relating to data protection and privacy including, but not limited to, the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendment Etc.) (EU Exit) Regulations 2019, and any successor legislation relating to data protection and privacy, and only if you are an EU or EEA resident and if applicable the General Data Protection Regulation (EU Regulation 2016/679).

Owner – means the person who legally owns and is responsible for the maintenance and general upkeep of the property.

Personal Data – means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via our website or otherwise. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Regulation.

Property – means a vacation property marketed by Fresh Air Property Management.

By booking a property, you are agreeing to these terms including our terms of booking below.

You agree that the property is rented to you on a ‘Holiday Letting’ basis as defined in the Housing Act 1988 and that no statutory periodic tenancy shall arise under any circumstances. The property is rented to you under a ‘licence to occupy’, not intended to be your principal residence nor do you have exclusive use.

Licence to Occupy

The owner permits you to occupy the holiday-let property together with the use of the furnishings, kitchen equipment, crockery, glasses, bedding and towels as detailed in your booking summary for the license fee (“Accommodation Price”).

The guest must inform the other members of the party of these terms and conditions and must be responsible for all payments thereunder and any damage caused to the property.

Fresh Air Property Management does not store any credit or debit card information.

Communication

In order to process and confirm your booking we collect the relevant information such as name, addresses and contact details. All Personal Data is collected, processed and stored in accordance with the Data Protection Regulation. We will comply with our obligations and safeguard your rights under the Data Protection Regulation at all times. As part of the booking process we pass some of this on to other personnel involved with your holiday, such as the property owner, property manager and a virtual payment terminal hosted by Stripe. It may also be used for administration purposes and other legitimate interests within Fresh Air Property Management. We will also ask separately for your consent to any Personal Data for sending out future promotional or marketing literature, which you are under no obligation to provide. Following your departure your basic booking details will be passed to an independent review platform Feefo and they will request a review of your Fresh Air Property Management experience. We guarantee that all information will remain confidential and be protected under the Data Protection Regulation. All personal and other information and details collected by us in the course of the business belong to us and will not be disclosed, with exception of the cases stated above.

You are entitled to ask us how we are using your details, and have the rights to request access, rectification, erasure, restricted processing, portability, and objection to our use of that data in specific circumstances as outlined within the Data Protection Regulation. We undertake to reply to any such requests made verbally or in writing within one month, and in some circumstances a fee may be charged. We may ask you to follow any request made verbally with confirmation in writing to ensure our records are correct, we will however honour the date of the original request. In some circumstances we may refuse such a request. 

Booking Process*

Guest makes provisional booking and deposit payment

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Fresh Air Property Management check details and sends booking confirmation via email accepting booking

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Guest pays balance 7 days in advance of stay

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2 days in advance of your stay and upon receipt of full payment, Fresh Air Property Management email key collection and property arrival instructions

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Guest contacts Fresh Air Property Management at least 24 hours prior to arrival to organise property access

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One day before the guest’s arrival the security deposit will be taken via a “hold” on the lead guest’s card

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Breakage/damage inspection carried out following guest departure

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Full security deposit refunded within 7 days of departure,

provided no deductions are applicable.

 

Property Access

If property access is “Meet and Greet” key collection is organised through Fresh Air Property Management. If your property access is via a keybox, the keycode will be in the arrival email which is sent to you 48 hours prior to arrival.

Arrivals

If your access is via Meet and Greet please contact Fresh Air Property Management 48 hours ahead of your arrival to organise access to the property.

Check In / Check Out

Check-in is at 4pm and Check-out at 10am.

Our cleaners will arrive at the property for 10am. Delaying the start of a property clean through late check-out will result in the costs associated being passed on to you.

It may be possible for you to request an early check-in or late check-out.

Please contact Fresh Air Property Management directly to check if this is possible. A small charge may be payable to Fresh Air Property Management for this service.

Guest Numbers

Unless otherwise agreed with us, the number of guests (adults + children) staying at the property must not exceed the number stated at the time of your booking.

We do reserve the right to make additional charges if unplanned guests arrive. The reservation amount will not be reduced if some guests cannot attend.

Sofa Beds / Chair Beds

Fresh Air Property Management accepts no responsibility for the absence of sofa beds, chair beds or linen if these were not selected at the time of making the booking.

Age Restrictions

We are unable to accept bookings where all members of the party are under the age of 18. We reserve the right to refuse a booking if any member of the party is under the age of 18 and where a legal guardian is not present.

Security Deposit

You must pay a security deposit as indicated on the day before your arrival.

The cost of any damage to the property or to any items in and/or at the property caused and/or any service charges incurred by you or any member of your party (for example telephone calls) will be deducted by us from the security deposit at the end of your stay. If no deductions are required your security deposit will be refunded in full to you 3 days after your departure from the property. If the security deposit is not sufficient to cover any damage caused or service charges incurred by you, you will be responsible for paying us any additional monies required immediately.

If you made a split payment with Stripe and a direct bank transfer, then your deposit will be returned to the card registered with Stripe up to the value of the original amount paid with Stripe. Any remainder will be transferred to your bank account.

Your Contract

A binding contract comes into existence only after we have sent email confirmation to you following receipt of your deposit payment. If you cancel after paying the deposit our normal cancellation charges will apply.

The contract, these terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract, these terms or its subject matter or formation.

The Cost of your stay

The price of your stay will be confirmed at the time of booking, subject to the correction of errors. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error no later than 5 working days of receipt of your deposit. Should the corrected price be higher than your initial quoted price and you wish to cancel, you may do so free of any cancellation charges.

Changes by you

Should you wish to make any changes to your booking, you must notify us by email as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. An administration fee of £25 +VAT will be charged for all amendments to bookings.

Cancellation by you

The terms of cancellation are shown under “Cancellation Policy” on the listing page at the time of booking.

If you have to cancel after the free cancellation period you may be able to reclaim any cancellation charges (less any applicable excess) under the terms of any insurance policy you may have. Claims must be made directly to the insurance company concerned.

Insurance

It is strongly recommended that you take out adequate cancellation / travel insurance. Please read your policy details carefully. It is your responsibility to ensure that any insurance cover is adequate for your particular needs.

Changes and Cancellation by us

Occasionally, we have to make changes to and correct errors on our website descriptions and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.

We will only cancel your holiday if your accommodation is unavailable for reasons beyond our control e.g. maintenance issues or an owner sells the property. We will however attempt to offer you alternative accommodation. If this is not possible or if the alternative accommodation is unacceptable to you, then we will refund all monies paid by you.

We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.

Very rarely, we may be forced by “force majeure” (see below) to change or terminate your stay after arrival but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

All guests are encouraged to take out adequate travel insurance to protect against any such cancellations.

Force Majeure

We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of force majeure. In these terms, “force majeure” means any event which we or the supplier of the service(s) in question including but not limited to the owner could not, even with all due care, foresee or avoid. Such events may include war or threat of war, pandemics, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

Our Liability to you

We promise to provide the property with reasonable skill and care. We do not accept responsibility if any death, personal injury, failure or deficiency of the property and/or the service provided by us to you is not caused by any fault of ours. When we talk about “fault” above, this means failure by ourselves to use reasonable skill and care in performing or providing the service in question.

Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.

We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

(a) the fault of the person(s) affected or any member(s) of their party or

(b) the fault of a third party not connected with the provision of the property by us which we could not have predicted or avoided or

(c) an event or circumstance which could not have predicted or avoided even after taking all reasonable care.

In addition, we will not be responsible where you do not enjoy your stay or suffer any problems due to a reason you did not make us aware of at the time of booking or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or any losses, expenses, costs or other sum you have suffered relate to any business.

Please note, we cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities any other supplier agrees to provide for you.

We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where all aspects of your stay did not go as we expected and you have not received any benefit at all from your stay.

Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is

£35 per person affected as you are assumed to have taken out adequate insurance at the time of booking.

Suitability of Property

By booking a property you agree to have made all of the necessary checks and enquiries to ensure that the property is suitable for your requirements. If you have any medical conditions, e.g., asthma, animal allergies, fear of heights etc. you agree to have made all the necessary checks and enquiries to ensure that the property is suitable for your purposes; i.e., severe asthma sufferers should enquire if a basement property would be suitable for their needs. Please note if you have not made the relevant enquiries and informed Fresh Air Property Management staff of your requirements and you find the property not to be suitable for your needs, we will be unable to offer a refund or relocation.

All properties are marketed online with descriptions and photographs, which accurately depict the property condition and location.

All properties are individually owned and as such we are unable to relocate guests from one property to another should you wish to move.

Internet & Entertainment Equipment

We are unable to guarantee that any entertainment systems advertised will not experience technical difficulties during your stay. Fresh Air Property Management will do their utmost to rectify any situations that do occur. We are unable to offer any refunds associated with lack of internet, malfunctioning or missing iPod dock, CD player, DVD Player, Video Player, Games Console or any other electronic communications or entertainment device.

External Factors Affecting Your Stay

When making a booking you are renting the specific dwelling which may be part of a communal building. Fresh Air Property Management and the property owner cannot be held responsible for any external factors outside of their control, which might affect your stay. Such factors might include scaffolding, exterior works to the building, broken down lift, neighbours carrying out building works, the order of the communal hallways, external noise etc. Where possible we will inform guests of any works being undertaken when information is provided to us.

Rights of Entry

We reserve the right to access the property at all reasonable times giving you 24 hours’ notice. In cases of emergency or urgent property maintenance repair we reserve the right to gain access to the property without notice.

Behaviour

You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting any legal costs we incur in full in recovering full payment from you.

We expect all guests to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the reputation and/or goodwill of the owner we are entitled, without prior notice, to terminate the occupation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

Serious complaints regarding the behaviour of you and/or your party and specifically any failure to agree to our noise policy below may result in part or full retention of your security deposit.

We kindly ask that you are respectful of neighbours and keep noise to an appropriate level after 9pm. Please be mindful of noise when returning to your property after a late night out. We understand the importance to the owner of having happy neighbours and subsequently take noise complaints very seriously. Complaints from neighbours due to inappropriate noise levels may result in deductions from your security deposit or you being asked to leave the property. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

We are committed to Rent Responsibly standards. This means we follow best-in-class guidelines to ensure you have a peaceful, safe and memorable stay in the property. We use smart home technology to improve your experience. Minut is a smart home device that measures volume levels throughout the property and allows us to respond to noise nuisances without disrupting your stay. Minut is 100% privacy compliant and is required on the property. If you have any questions, please ask. We are committed to your comfort so please let us know if we can do anything during your stay to make it more enjoyable.

Please note that if a director of Fresh Air Property Management has to visit the property due to excessive noise at the property, a call-fee of £150+VAT per hour including transport time will be charged and you must pay for for it out of the security deposit.

Breakage / Damage Deposit Deductions

Fresh Air Property Management reserves the right to make deductions from your security deposit for any damage / breakage to the property that happens during your rental period or if you breach any deposit related clauses outlined in these terms and/or the contract. The majority of guests are very respectful and subsequently it is very rare that we are ever required to make any deductions from security deposits. Please read the following examples to help ensure that you avoid any unnecessary deductions:

No Smoking: All properties are non-smoking and smoking in the property carries a minimum clean up and/or odour removal fee of £150.

Pets: Only where permission is previously sought and met will pets be allowed in the property. Deductions for additional cleaning will be made where permission has not been granted.

Out of hour contractors: Where guests call an emergency contractor (after Fresh Air Property Management has closed) and it is not found to be an emergency, guests will be liable for any associated costs.

Out of hour locksmiths/Call out charges: Where guests call a locksmith to gain access to the property and it is found not to down to fault of the lock/key or where guests lose / forget keys after hours, guests will be liable for any associated costs (e.g., call out charges by landlord / Fresh Air Property Management etc.)

Towels: Deductions will be made where towels are stained including but not limited to for spillages or removal of makeup/fake tan, etc. Please ensure that you bring your own makeup removal towel.

Decorations: We kindly ask that you do not affix decorations to the outside of the property. You are renting accommodation in a residential setting, so please be considerate of neighbours. Damage to the inside of the property due to the use of, e.g., blu-tac or cellotape etc. will result in deposit deductions.

Lost Keys upon departure: Guest will pay a minimum of £25 for each set of keys lost (prices vary for types of key). If a landlord decides to change the locks as a result of lost keys these costs will be passed onto the guests.

Property Departure: Properties should be left in a tidy manner, with all rubbish removed from the property, washing up completed, dishes put away, fridge/freezer emptied, furniture placed in its original location. Any excessive time needed over and above a standard turnaround clean will be deducted from your deposit.

Check out 10am: Unless a late check-out has been organised the property must be vacated by 10am to allow cleaners to access the property.

Deductions will be made if a property is not vacated on time.

Where the cost of any damage exceeds the security deposit paid, you agree to immediately transfer to Fresh Air Property Management the difference of any monies owed. Failure to do this will result in legal proceedings.

Please note it is only on rare occasions that we are required to make necessary deductions from deposits.

Special Requests and Medical Problems

If you have any special requests, you must advise us at the time of booking and clearly note it in the extra information section of the booking form. Although we will endeavour to meet any reasonable requests we regret we cannot guarantee all request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e., any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

If you or any member of your party has any medical problem or disability that may affect your stay, please tell us before you make a booking so that we can advise as to the suitability of your preferred property. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.

You confirm that you fully understand and agree with the conditions outlined in the ‘Suitability of Property’ section of these terms.

Complaints Procedure and Problems

In the unlikely event that you have a complaint or experience any problems with your stay please follow the procedure below. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify us of the complaint or claim entirely in accordance with this clause and the complaints procedure below.

In the event of an issue, you undertake to do your best to resolve or minimise the issue in order to avoid any prejudices that could result. You agree to give us the necessary time to resolve the problem. Failure to allow sufficient time to rectify an issue will result in your forfeiting your right to any compensation.

Procedure: Minor Issues

Please ensure that you check the property thoroughly upon arrival and complete the arrival checks as detailed in the Property Information Pack (PIP). Should you notice anything please contact Fresh Air Property Management immediately, and we will work to rectify the situation promptly. We work within office hours and screen calls outside of office hours for emergencies only.

Procedure: Serious Issues

If you have a complaint you must contact us immediately by phone and also confirm your complaint in writing within 24 hours by e-mail. Please take photographs where possible to support your complaint.

Complaints reported at the end of the stay or after departure will not be taken into consideration and refunds will not be given in such cases.

Complaints received part way through a stay based on an issue experienced throughout the stay will be judged from the time a complaint was reported to us.

You have an obligation to look after and properly care for the property during your stay, and delaying the reporting of an issue may cause additional damage to the property, e.g., not reporting a leak could unnecessarily damage the carpets in a property. Damage caused as a direct result of delaying or not reporting a property maintenance issue may result in a deduction from your deposit.

If the issue becomes apparent on a Saturday or Sunday please leave a message on the Fresh Air Property Management answering machine allowing us plenty of time to try to rectify the situation.

On the very rare occasion that an extreme issue may occur on a weekend or bank holiday that we are unable to rectify and results in you feeling you have no choice but to leave the property, please express this to Fresh Air Property Management who will contact the property owner for instruction. Fresh Air Property Management will decide on an appropriate refund based on the inconvenience caused.

Please note non-emergency issues, e.g. décor, cleaning, faulty entertainment system etc. will not be escalated to the owner at weekends and as such, under these circumstances, if you leave the property prematurely you may not receive a refund. We will deal with all such issues on the next working day.

Unless the terms of the contract have been breached, choosing to leave the property early does not increase the likelihood of you receiving any refund. Please bear in mind that you are obliged to give us the time necessary to resolve any problems arising.

Please note that the property is not an official tourist structure, such as a hotel, residences, etc. but a private dwelling. Being such, there is no standard or categories that are internationally recognised, indeed it reflects the architecture and furnishings, the local traditions and the personal taste of the owner. This is precisely the kind of holiday that we offer: The chance to partake in the culture of the area chosen, living for a few weeks in the same surroundings as an inhabitant would. We cannot however exclude the possibility that these differences can sometimes result in minor inconveniences – due to the special nature of its architecture and of traditions in the area – but which cannot be accepted as complaints.

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