Time Away – Terms and Conditions

Please read these booking conditions carefully. All holiday reservation requests (whether via email, telephone or post) are considered to be an acceptance of these conditions.

Who are we?

We are Time Away (“We/Us/Our”), a registered charity in England and Wales with charity number 1197577. Our address is Berith, Brewery Lane, Farndon, Chester CH3 6QT. We act as an agent for the Owner in the letting of their Property to you, the hirer (“You/Your”). Time Away does not hold any ownership in the properties but acts as an agent for the Owner of the Property.

1. Definitions
   When the following words are used in these Terms and Conditions (the “Terms”), this is what they will mean:

Adapted Break: any Stay which requires funding (in full or in part) by Us;

Booking: Your request to stay at the Property as made via the booking form on our Website, by letter, by email, telephone call, text message or WhatsApp;

Booking Confirmation: Confirmation of Your Booking by the Owner;

Booking Deposit: £200 (two hundred pounds);

Booking Party: those individuals who will stay at the Property as listed in the Booking.

Business Days: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

Check-in Date: the date (and time) on which the Stay will begin and the Property will be made available to You as agreed with the Owner.

Departure Date: the date (and time) agreed with the Owner that Your Stay at the Property will end or any later date if the Owner has agreed in writing to an extension of Your Stay.

Event Outside Our Control: as defined in clause 16 of these Terms;

Owner: the owner of the Property (or their representative or agent) whose details will be provided to You upon Booking Confirmation;

Property: the property as defined within the Booking Confirmation;

Property Description: the description of the Property on our Website;

Property Specific Terms: any specific terms that apply to the Property You have chosen which will be provided to You by the Owner on or after your receipt of the Booking Confirmation (including any rules set out in any welcome pack at the Property on your arrival at the Property);

Terms: the terms and conditions set out in this document;

Stay: the period of time for which the Property is made available to You as set out in the Booking Confirmation or as otherwise agreed with the Owner;

Website: our website to be found at https://timeaway.org.uk/
If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.

2. Our contract with you
   2.1. These are the terms and conditions on which We provide the Booking and the Owner supplies the Property to You for the duration of Your Stay. If You make a Booking then these Terms will apply to such Booking. We act as agent for and on behalf of the Owner to provide the Stay via Your Booking. In making the Booking You understand and accept that We do not hold any ownership in the properties listed on our Website, but act as an agent for the Owner of the Property. The Booking Confirmation will be provided to you directly by the Owner.

2.2. In making a Booking You confirm that You are over the age of 18.

2.3. Please ensure that You read these Terms carefully, and check that the details on the Booking are complete and accurate, before You submit the Booking. Please also carefully check the Booking Confirmation. These Terms tell You who we are, how we will provide services to You, how You and we may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.

2.4. The Property is only the property as detailed in the Booking and cannot be changed to another property without Our or the Owner’s prior written agreement.

2.5. When You submit a Booking to Us, this does not mean the Owner has accepted Your Booking. The Owner’s acceptance of the Booking will take place as described in clause 2.7. If the Owner is unable to supply You with the Property for Your requested dates, then We or the Owner will inform You of this in writing and We will not process the Booking and no contract will be formed between us, the Owner or You.

2.6. The requirement for a Booking Deposit to secure the Booking will only apply to an Adapted Break.

2.7. These Terms will become binding on You and Us when the Owner issues You with a Booking Confirmation and You have paid the Booking Deposit (if applicable to that Property), at which point a contract will come into existence between You and the Owner for the Stay with us acting as agent for the Owner.

2.8. Please take reasonable steps to ensure that the Property is suitable for Your needs before submitting a Booking. Please familiarise Yourself with the exact location of the Property using the Maps feature provided in the Property Description. Properties displayed under the location headings may be in the vicinity of the location stated and You can then establish distance to local amenities using the Maps feature. Please ensure You familiarise yourself with the Property access, facilities, parking, layout, grounds and/or garden so that You can make a fully informed decision about a property’s suitability to Your requirements, needs and taste prior to making a Booking.

2.9. Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change. Whilst We make every effort to ensure the accuracy of the information contained in our advertising and other promotional literature, the information may have changed by the time You come to book or there may have been an error. You must check all material details of the Property with Us at the time of submitting a Booking. We cannot accept any responsibility or liability for any inaccurate, incomplete or misleading information about the Property or its facilities and/or services. We will however use reasonable endeavours to notify You of any changes to or any inaccuracies in any information contained in any advertising material provided to You relating to the Property as soon as reasonably practicable.

2.10. Any information regarding the local area and activities that may be shown in our literature or on our Website are outside our control and are not supplied by us. Whilst we endeavour to keep this information up to date we cannot guarantee that it is accurate.

2.11. You acknowledge that Our staff and volunteers have no authority to vary these Terms and that You have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.

3. Owner’s contract with you
   3.1. We or the Owner may decline any request for a Booking at our discretion.

3.2. Once Your Booking has been confirmed via the Booking Confirmation, the Owner agrees to provide Your Stay in accordance with these Terms and Your contract for the Stay will be with the Owner with us acting as agent in accordance with these Terms.

4. Changes to these Terms and changes to bookings
   4.1. We may revise these Terms from time to time if required due to changes in the law or regulatory requirements. If We have to revise these Terms pursuant to this clause 4.1, we will give You at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12 if You do not accept these changes.

4.2. You may request a change to a Booking by contacting Us. We cannot guarantee we can accommodate Your request and whether any changes to the Booking are accepted will be decided by Us or the Owner in our sole discretion.

4.3. If You wish to cancel a Booking before the Check-in Date, please see Your right to do so in clause 12.

5. Property specific terms
   5.1. Access to the Property is subject to Your adherence to any Property Specific Terms, where provided.

5.2. Any Property Specific Terms shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles Us or the Owner to cancel the contract.

5.3. If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.

5.4. The Owner will supply the Stay to You for the period set out in the Booking Confirmation.

5.5. As the person making the Booking You are responsible for ensuring all members of Your Booking Party comply with these Terms. The maximum number of people who can stay in the Property is set out in the Property Description and You warrant that You will not at any time during Your Stay exceed that number or exceed any government restrictions applicable at the time of the Stay. You must not part with possession of the Property or share it, except with members of the Booking Party.

5.6. Business or commercial use of the Property is strictly prohibited and the Property can only be used by You, the Booking Party and any permitted guests as temporary holiday accommodation. These Terms do not create a relationship of landlord and tenant between Us and You or between the Owner and You. You acknowledge and accept that You shall not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure either during the Stay or when Your agreed Stay ends. You should not use the Property for any illegal purpose. We / the Owner reserve the right to terminate the contract without notice for any breach of this clause and no refunds will be provided if Your Stay is ended early.

5.7. The Owner will confirm Your Check-in Date and Departure Date and also confirm the designated time of check-in and check-out. You are required to arrive and depart from the Property at these times. The Property will not be available outside of the times specified in the agreed Check-in Date or Departure Date.

5.8. Please note that the Owner may have to change the Check-in Date and Departure Date times due to Events Outside our Control. Where this is applicable We or the Owner will aim to provide You with as much notice as we can of this and we appreciate Your understanding in this regard. Please see clause 16 of these Terms for Our responsibilities when an Event Outside Our Control happens for further information.

5.9. Smoking, vaping and illegal drug use are strictly prohibited at the Property. Where it is apparent that You or a member of Your Booking Party has smoked, vaped or taken illegal drugs at the Property, We may charge You for any additional costs we incur including costs for cleaning the Property and including liability for the cost of cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable. We reserve the right to ask any guest found breaching this clause to leave the Property immediately.

5.10. Broadband internet access is offered in some properties. Where a Property has broadband, this is provided on the basis that it is provided for recreational use and not for business use and on the condition that neither We or the Owner can guarantee availability, minimum speed, unrestricted bandwidth or uninterrupted provision of internet access. We / the Owner accept no liability for telephone or internet services not being available or failing.

5.11. You should familiarise yourself with the Property Specific Terms which provide further important details regarding bed linen, cots, high chairs and other facilities that may be provided. You must take proper care of the Property and its contents (including without limitation any furnishings, kitchen equipment, crockery, glasses, bedding and towels) and keep them clean during Your Stay otherwise You may receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the Check-in Date.

6. Pets
   6.1. Pets are only permitted if specified in the Property Description.

6.2. If pets are permitted at the Property (which will be specified in the Property Description on the Website) no guarantee is given that the Property will have a secured enclosed garden or other means to secure the pet outside. In making this service available we are relying on you to keep your pet under strict control at all times.

6.3. Please bring your own pet basket/cage and do not allow your pet on furniture or on beds. A pet must not be left unattended in the Property at any time and You must ensure no annoyance, including excessive noise, is caused by the pet.

6.4. On the Departure Date You must ensure that there is no sign that the pet has been at the Property, that no waste is left in the grounds and no nuisance has been caused to neighbours. You will be liable for any damage caused by pets and if the Property is not left sufficiently clean and all animal waste removed then you may receive an invoice for the cost of extra cleaning.

6.5. Failure to comply with clause 6 may result in the Owner and/or Us asking You to provide alternative stay for Your animal for the remaining duration of Your Stay, or in extreme circumstances the Owner reserves the right to terminate Your Stay early without notice for a breach of this clause.

7. Parking, keys and Leisure facilities
   7.1. You and Your Booking Party must park only in the designated parking areas, if provided, and not cause any obstruction to occupants of neighbouring properties. Parking may not always be directly outside Your chosen property. If the Property has the benefit of an on-street parking permit or any other form of parking permit You will be responsible for any fines imposed for failure to display the permit as directed by Us. Vehicles are parked and left at the Property entirely at Your own risk.

7.2. The Owner will issue you with one set of keys to the Property and You are not permitted to get keys copied. All keys must be returned to the relevant property key safe on the Departure Date or as otherwise directed by the Owner. If You lose a set of keys then you may receive an invoice for the costs incurred.

7.3. All leisure facilities indicated in the Property Description are subject to availability and We / the Owner cannot guarantee these will be available for Your Stay. No refunds or discounts will be provided to You in the unlikely event these facilities are not available for Your Stay. You must follow any rules set out in the Property Specific Terms when using such facilities and failure to do so will be a breach of these Terms.

8. Adapted Break Deposit
   The provisions of this clause shall apply in the event that the Stay is an Adapted Break.

8.1. In order to secure Your Booking You must pay the Booking Deposit.

8.2. All payments must be made in pounds sterling and may be made by debit card, credit card, or bank transfer. Cheques are not accepted as payment. Bank transfers must be in cleared funds by the deadlines for payment as confirmed by Us. Any bank or transfer charges shall be borne by You.

8.3. The Booking Deposit is refundable unless you cancel Your Booking within 21 days of the Check-In Date, in such event the Booking Deposit shall be non-refundable unless Your Booking is filled by another hirer.

8.4. All prices are inclusive of VAT where applicable. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We reserve the right to adjust the rate of VAT that You pay.

8.5. If You do not make any payment due to Us by the due date for payment, We reserve the right to cancel Your Stay, and any contract between You, Us or the Owner shall immediately terminate.

9. Charges

9.1. The Property shall be checked following Your Departure Date. The Owner shall report to you with details of the damages/loss incurred and/or additional cleaning costs with an indication of any possible charges along with photographic evidence (where applicable). You will have 5 Business Days to respond with any queries. Once investigations are complete, the Owner will confirm final costs and you will receive an invoice for the cost of any damages/loss incurred/or additional cleaning costs.

9.2. Reasonable charges will be applied for miscellaneous repairs and/or replacements and additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged, otherwise than by usual wear and tear, during the Stay by You or other members of Your Booking Party.

10. Access and Possession
    10.1. You or Your Booking Party must allow the Owner and/or Us access to the Property, grounds and gardens at all reasonable times and in the case of emergency at all times with or without You or Your Booking Party being present to enable maintenance work to be carried out, allow visits to enable the Owner and/or Us to comply with all relevant statutory requirements and the requirement of all regulatory bodies to which the Owner and/or We belong relating to the Property. The Owner, its representatives and any third party contractors including but not limited to gardeners, window cleaners and hot tub engineers shall be allowed access to the Property, grounds and gardens at any reasonable time during Your Stay.

10.2. You or Your Booking Party must not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises. We or the Owner may cancel the Booking and take back possession of the Property and its contents if they reasonably believe that You are in breach of a material condition of these Terms or that damage is likely to be caused, has been caused or is being caused by You or any members of Your Booking Party. This will be treated as a cancellation by You and no refund of any monies paid in respect of the Booking will be made. We and the Owner shall not have any liability for any losses suffered as a consequence of the cancellation.

11. Health and Safety
    For Your safety, it is important that You read and adhere to the important information provided within the Property. This information includes; Fire Safety Notices and evacuation procedures as well as information regarding the use of facilities such as hot tubs and swimming pools (as applicable). Appliance instruction manuals should be provided by property Owners (within the Property) along with any additional troubleshooting information where Owners deem necessary. We understand the Owner’s duty of care to guests to ensure that the Property is reasonably safe for the purpose for which guests are invited to use it, however, each guest has a duty of care to take care of his or her own safety. We or the Owner cannot be held responsible for a customer’s own negligence so please ensure You use the Property and the facilities safely and responsibly.
12. Your rights to cancel and our refund policy

If You have to cancel your booking or are unable to reach it due to adverse weather or other circumstances, please contact us in writing by email or letter with a copy of Your Booking Confirmation as soon as possible and we will confirm the cancellation in writing. If You cancel the Booking at any time within the 21 day period prior to the Check-In Date then any Booking Deposit Paid will be non-refundable. If We are able to do so We will make a reasonable effort to re-let the Property for the full length of Your original Booking and if successful we will not charge You for the days we have been able to re-let the Property. We do however reserve the right to retain Your Booking Deposit in full or in part to cover our administration costs and the work and costs incurred by us if we have had to carry out additional changeovers and marketing in order to re-let the Property. If you cancel more than 21 days before the Check-in Date or you cancel as a result of any change to these Terms in accordance with clause 4, then the full amount of the Booking Deposit shall be returned to You.

13. Our rights to cancel and our refund policy

13.1. We or the Owner may have to cancel a Booking before the Check-in Date, due to an Event Outside Our Control, the unavailability of the Property or the unavailability of key personnel or key materials without which We cannot provide the Stay. We will promptly contact You if this happens. We will, if possible and as soon as reasonably practicable, offer You alternative accommodation of a similar type, standard and location if available. If You do not wish to accept the alternative property or another property is not available You will receive a full refund of any Booking Deposit paid to Us but You will have no further claims against Us or the Owner.

13.2. We may cancel the contract for Stay at any time with immediate effect by giving You written notice if You:
13.2.1. do not pay the Booking Deposit (if applicable) within 7 days of request;
13.2.2. provide inaccurate or dishonest information in the Booking or in any other correspondence between Us, You and the Owner;
13.2.3. break the contract in any other material way.

13.3. The full extent of Our and the Owner’s liability is as set out in clauses 14 and 15 of these Terms respectively.

14. Our liability to you
    14.1. Subject to clause 14.2, if We fail to comply with these Terms for the Booking of the Stay, We are not responsible for loss or damage You suffer that is a result of Our breach of the Terms or Our negligence and we accept no liability for the same. Our responsibilities to You are limited to making the Booking in accordance with Your instructions. For the avoidance of doubt, We are not responsible for any transport and/or alternative stay costs and are not responsible for matters pertaining to the state of the Property. As We act only as the agent for the Owner, We accept no liability for any acts or omissions of the Owner, including any shortcomings or defects with the Property.

14.2. We do not limit Our liability for;
14.2.1. death or personal injury caused by Our negligence or the negligence of Our volunteers, agents or subcontractors;
14.2.2. fraud or fraudulent misrepresentation; or
14.2.3. any liability it would be unlawful to exclude.

15. Owners liability to you

15.1. Subject to clause 15.3, the Owner accepts no liability to you for a breach of these Terms.

15.2. The Owner only supplies the Property for holiday use. You agree not to use the Property for any commercial, business or resale purpose, and the Owner has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3. The Owner does not limit its liability to You for;
15.3.1. death or personal injury caused by negligence;
15.3.2. fraud or fraudulent misrepresentation; or
15.3.3. any liability it would be unlawful to exclude.

15.4. The Owner does not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.

16. Events outside our control

16.1. We and the Owner shall not be in breach of these Terms, nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from an Event Outside Our Control. If the Owner is unable to provide the Property to You due to an Event Outside Our Control, we will inform You as soon as possible and use Our reasonable endeavours to move your booking, either later in the year or the following year for either the same Property or an alternative Property, subject to availability.

16.2. An Event Outside Our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance breakdown, temporary invasion of pests or utilities failure or interruption.

16.3. If You are unable to reach the Property due to bad weather or Your visit to the Property is delayed this will be treated as a cancellation by You and the cancellation policy in clause 12 will apply.

17. Information about us and how to contact us

17.1. If You have any questions or if You have any complaints, please contact Us. Please see clause 19 for our Complaints Procedure.

17.2. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by email on hello@timeaway.org.uk. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in the Booking.

18. How we may use your personal information

18.1. We will use the personal information You provide to Us to:
18.1.1. provide the Stay;
18.1.2. process Your payment for Your Stay; and
18.1.3. comply with government requirements.

18.2. All data You provide to us will be treated in accordance with our Privacy Policy which can be found here: https://timeaway.org.uk/privacy-policy/.

19. Complaints Procedure
    Should any complaints arise during Your Stay, please allow Us and/or the Owner the opportunity to investigate the matter further. As soon as is reasonably practicable after the problem arises, you should contact Our team at hello@timeaway.org.uk, giving full details of your complaint. We will make every effort to deal with your complaint quickly and efficiently.

If however You have followed the above process and remain dissatisfied, You must within 30 days from the date of the end of your Stay put your complaint in writing to Berith, Brewery Lane, Farndon, Chester CH3 6QT or email hello@timeaway.org.uk. We will thereafter provide assistance in attempting to resolve the complaint between You and the Owner and/or Us.

20. Other important terms

20.1. We may transfer Our rights and obligations under these Terms to another individual or entity, but this will not affect Your rights or Our obligations under these Terms.

20.2. You acknowledge that the Owner may enforce any and all of the Terms of this agreement against You.

20.3. Except for You, Us and the Owner, no other person shall have any rights to enforce any of these Terms. No-one other than such individuals as are listed in the Booking Confirmation may enjoy the Stay.

20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

20.5. If We or the Owner fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

20.6. These Terms replace and supersede all previous booking conditions and will apply to all new Bookings after the date they are posted on our Website.

20.7. These Terms are governed by the laws of England and Wales. All parties agree to submit to the exclusive jurisdiction of the courts of England and Wales in the event of a dispute.