Terms & Conditions

Terms & Conditions

Please read these Terms and Conditions carefully. They set out the basis of your Holiday Rental Agreement with Starfish Properties.

Starfish Properties reserves the right to amend these Terms and Conditions at any time without providing prior notice. Guests will be notified in writing of any change to these Terms and Conditions.

Holiday rental properties are owned by either Starfish Properties or third party owners. Starfish Properties are responsible for providing the accommodation to Guests.

Airbnb and Home Away websites provide a platform from which you can search for our properties. By agreeing to these Terms and Conditions you agree and understand that you may be required to enter into a separate agreement with Airbnb or Home Away and you agree to accept any terms, conditions, rules and restrictions imposed by them.

1. Interpretation

In these Terms and Conditions, the following definitions apply:

‘Holiday Rental Agreement’: the contract between Starfish Properties and Guests for the provision of accommodation in accordance with the Terms and Conditions contained herein.

‘Guests’: the person who makes the booking and all persons named on the booking confirmation. This includes anyone who is added or replaced at a later date.

(All references to ‘their’, ‘you’ refers to Guests).

‘Letting Agent’: Airbnb and/or Home Away.

‘Party’: All persons who are staying at the Property with Guests in accordance with the Terms and Conditions of the booking.

‘Property’: the particular accommodation named and referred to in the booking confirmation.

‘The Company’: Starfish Property Portfolio Limited, trading as Starfish Properties. Starfish Properties is a company incorporated and registered in England and Wales, company number 08527586 of 3rd floor, 14 Hanover Street, London, W1S 1YH.

(All references to ‘us’, ‘we’, our’ refers to The Company).

‘Working Day’: a day other than a Saturday, Sunday or public holiday.

2. Eligibility

2.1. Guests may only make a booking with us if they are aged 18 years or over. Any person under 18 years of age is strictly prohibited from attempting to book accommodation.

2.2. By making a booking, Guests warrant that they are of the required age and that they have authority to accept and do accept on behalf of themselves and all persons within their Party the Terms and Conditions set out below.

2.3. If the Party includes any children under 16 years of age, there must be at least one person aged 18 years of age or over present at all times.

2.4. We reserve the right to refuse enter into a Holiday Rental Agreement with any potential Guest whom we believe may hold activities within the Property which we deem dangerous or unlawful or whom we believe may unreasonably disrupt neighbours.

3. The Booking Process

3.1. All dates, offers and bookings are subject to availability. We reserve the right to amend our prices on our website, promotional materials and/or literature and other holiday letting websites and prices may increase or decrease at any time. We will advise Guests of the current price once an enquiry has been made through the Letting Agent.

3.2. A binding Holiday Rental Agreement comes into existence between us and Guests once we have issued a booking confirmation by email, fax or post. No booking shall be binding on us until this confirmation is issued.

3.3. Guests must read any information or documents that we send to them. Guests are responsible for identifying any errors made during the booking process and must ensure that the dates and/or other information contained within the booking confirmation or any other documentation relevant to the booking is accurate. In the event of inaccuracies, Guests must contact us immediately. Guests are encouraged to refer to Clause 8 for further details concerning incorrect reservation dates.

4. Payment

4.1. Guests are required to pay a non-refundable deposit at the time of booking. The booking will not be secured unless the required deposit is paid in full and we are unable to

reserve the requested dates pending payment of the deposit at a later date.

4.2. A non-refundable deposit equivalent to the full rental cost will be required to secure your booking. We will advise you of this amount.

4.3. We reserve the right on occasion, to accept payment of a smaller deposit amount; however this is strictly at our discretion. In this instance, a staggered payment plan will be implemented and the full balance must have been received by us not less than 30 days before the scheduled arrival date.

i. If payment of the full outstanding balance has not been received by us within 30 days of the scheduled arrival date, the Holiday Rental Agreement will be treated as though it has been cancelled by the Guests and the deposit will not be returned. We will be entitled to re-let the property without further reference to Guests.

4.4. We are unable to provide a receipt and Guests are responsible for obtaining one from the Letting Agent.

5. Pricing

5.1. Property rental prices may fluctuate based on demand. We reserve the right to increase or decrease the prices of any unsold accommodation.

5.2. We reserve the right to correct errors in pricing at any time before we confirm the booking.

5.3. Any discount to the price of unsold dates will not be applied to prices already agreed between us and Guests.

5.4. The total price we agree with Guests at the time of booking is the total amount that is payable, subject to Clause 8.3(i). The total price includes the rental cost, the booking fee, a professional cleaning fee and any costs associated with bringing a Pet to the Property. It does not include any fee charged by the Letting Agent which Guests remain liable for under their contract with the Letting Agent.

5.5. A cleaning fee is added to all bookings to cover the cost of our professional cleaning company who prepare the Property before Guests’ arrival. Cleaning fees differ depending on the Property booked. Guests will be informed of the applicable cleaning fee at the time of booking.

5.6. Prices include VAT (where applicable) at the rates applicable at the time of printing these Terms and Conditions. The rate of VAT is subject to change. In the event of a change Guests will be charged the new amount of VAT unless the balance has been paid in full prior to the change or Guests have already completed their stay.

6. Discounts and Offers

6.1. Discount codes are only available on new bookings and cannot be applied after a booking has been confirmed by us.

6.2. Discount codes are subject to availability and must be used either within 12 months of receiving it or by the expiry date shown on the code, whichever arises first.

6.3. Discounts cannot be combined with any other offer or discount.

6.4. We do not offer student discounts, HM Forces discount or any other discount.

7. Security Deposit

7.1. The renting of some properties requires the payment of a security deposit. The security deposit covers the risk of damage to the property, cleanliness and disruption to neighbours.

7.2. If the Property booked requires payment of a security deposit, Guests will be informed of this and details of the amount will be provided at the time the booking is made.

7.3. Any security deposit paid will be returned to Guests within 10 Working Days following their departure from the Property provided it has been left undamaged, is in a clean and tidy condition and there have been no reports to us or the Letting Agent that neighbouring properties have been disrupted.

8. Changes to Reservation Dates

8.1. Guests are solely responsible for ensuring that the reservation dates contained within the booking confirmation or any other documentation relevant to their booking are accurate and should check the accuracy of dates as soon as documentation and/or information is received.

8.2. If there is an administrative error on our part and we have booked an incorrect date(s), Guests must let us know within 24 hours of receiving the booking confirmation.

i. The ability to amend dates will depend upon the availability of the Property in question.

ii. If the original Property booked is unavailable on the intended dates, we will attempt to accommodate Guests in an alternative Property. In the event we are unable to do so, Guests should refer to Clause 24.2.

iii. Guests will not incur further charges in this instant.

8.3. Guests who otherwise than as the result of our administrative error require an amendment to their reserved dates should contact us as soon as possible by telephone or email. The ability to amend dates will depend upon the availability of the Property in question.

i. If the newly requested dates are available and we accept this change to the reservation, Guests will be charged an additional administration fee of £50.00 in order to process the revised reservation dates.

ii. There may be an increase in the total rental cost as a result of the change to the reserved dates. Guests will be informed of any such increases at the time we confirm that the newly requested dates are available.

iii. If the new dates requested are unavailable Guests will remain liable for their original booking and dates. If as a result of unavailability Guests wish to cancel their booking the cancellation policy at Clause 24.1 should be consulted.

9. The Property/Accommodation

9.1. All properties are self-catered.

9.2. A limited amount of tea, coffee, milk and toilet roll will be provided at the outset of your stay. Guests are solely responsible for providing any further items that they may require for the duration of their stay. We are not responsible for the replenishment of these items in any circumstances.

10. Total Number of Guests and Maximum Occupancy

10.1. Upon booking, Guests are responsible for providing us with accurate information regarding the total number of persons who will be staying at the Property.

10.2. This number must not exceed the total number of persons that the Property can safely accommodate as advertised and confirmed by us and/or the Letting Agent.

10.3. Guests must notify us as soon as possible if the total number of persons within the Party changes. This is subject to Clause 10.2 above.

10.4. Our prior approval and consent is required in all circumstances when Guests and/or their Party want another person(s) who is not considered a member of the Party to visit the Property. We reserve the right to consider the appropriateness of any such request and to refuse to provide approval and consent at our discretion without providing a reason.

10.5. Any person who is not considered a member of the Party is not permitted to remain in the Property overnight.

10.6. Guests are responsible for ensuring that any visitor to the Property adheres to these Terms and Conditions.

11. Care of the Property

11.1. Guests and every member of the Party are required to ensure that they take all reasonable and proper care of the Property, including all fixtures and fittings and any outside areas.

11.2. Guests must ensure the Property is left in the same state of repair, condition and cleanliness as it was in when they first arrived.

12. Expectations of Guests and their Party

12.1. Guests and their Party must NOT:

i. Smoke anywhere inside the Property. Any evidence of smoking will result in a £150 fine to cover the cost of necessary additional cleaning;

ii. Bring or otherwise allow any or any potentially hazardous or dangerous materials or equipment into the Property or surrounding area(s);

iii. Remove, damage or otherwise interfere with any fire alarms or other safety/emergency equipment that may be located in the Property;

iv. Remove, damage or otherwise interfere with any fixtures or fittings located in the Property or outside area(s);

v. Use the Property, or allow it to be used, for any dangerous, offensive, illegal, immoral, noisy or otherwise disruptive activities;

vi. Cause a nuisance, annoyance or otherwise unreasonably disrupt neighbours;

vii. Use a barbeque at the Property unless we have provided one or our prior written consent has been obtained.

13. Damage to the Property

13.1. By making a booking with us, Guests acknowledge and agree that they are responsible for their own acts and omissions. Guests also acknowledge and agree that they will be responsible for the acts and omissions of any other person whom they invite, otherwise provide access to or allow to remain within the Property.

13.2. Guests are required to notify us immediately if any damage to the Property occurs during their stay. Guests should contact us by telephone or by email.

13.3. If upon arrival at the Property, Guests discover that something is missing or damaged, they must notify us immediately by telephone or email. If Guests do not notify us, we reserve the right to assume that the Guests caused the relevant damage or loss.

13.4. We will notify Guests within 72 hours of their check-out time whether or not we believe there has been any damage to the Property. Depending on the scale and severity of the damage, Guests may be charged the cost of repairing or replacing any identified damage. We will notify Guests of this charge within 72 hours of their check-out.

13.5. If Guests inform us that there has been accidental damage, this may be taken into consideration when deciding whether or not we intend to take further action and/or recover any monies from Guests.

14. Duration of Stay

14.1. The standard check-in time is 3.00 pm. This time is subject to unavoidable delays.

14.2. On occasion, Guests may be permitted to check in before 3.00pm. This is strictly subject to availability and we reserve the right not to allow early check in at any time. Guests must contact us to establish whether an earlier check in time is possible. This can only be confirmed or otherwise the day before the scheduled arrival date. We reserve the right to charge Guests an additional fee in this instance.

14.3. The standard check- out time will be 10.00am unless otherwise specified. This will not be extended under any circumstances.

15. Overstaying without Consent

15.1. By making a booking with us, Guests understand and agree that a confirmed reservation and Agreement with us is merely a licence granted by us to the Guest to enter and use the Property for the duration of the reservation as stated in the booking confirmation.

15.2. Guests agree to leave the Property by no later than 10.00am on the final date of their booking – unless given prior permission in writing to do so.

15.3. If Guests remain in the Property past this check out time without our prior written consent they no longer have a licence to remain in the Property. In this situation we are entitled to make Guests leave the Property.

15.4. By overstaying Guests understand, agree and confirm that they will pay the sum equivalent to a 300% uplift on the nightly fee applicable to the Property in question for each 24 hour period overstayed without our consent. Guests will also be required to pay the cost of any legal expenses we incur in making them leave.

16. Our Right of Entry

16.1. We will respect the reasonable privacy of Guests, however we reserve the right to access the Property at any time should we deem this necessary, for the purposes of carrying out repairs and/or attend to emergencies.

16.2. In the event that we do require access to the Property for any reason, we will attempt to gain access at reasonably convenient times, other than in the event of an emergency.

17. Our right to Evict

17.1. We reserve the right to terminate the Holiday Rental Agreement with Guests and ask Guests and their Party to leave the Property, without the payment of compensation, if:

i. We consider that Guests or any person within the Party have committed a serious breach of these Terms and Conditions;

ii. We receive any complaints of anti-social, unacceptable or illegal behaviour committed by Guests or any member of the Party;

iii. An unreasonable amount of damage has been caused to the Property and/or its contents;

iv. The Party exceeds the maximum occupancy limit specified for the Property;

v. Guests overstay without our consent.

18. Pets

18.1. Guests may bring a maximum of 2 pet dog(s) with them provided the Property they are booked to stay in is pet friendly. We reserve the right to insist upon an additional charge of £25.00 per dog.

18.2. Guests must inform us at the time of booking if they intend to bring their pet dog(s) with them and must specify the number of dogs, subject to clause 18.1.

18.3. Dog(s) must not be left unattended at the Property or its outside area(s) at any time and Guests are responsible for ensuring any dog(s) are under strict control at all times.

18.4. Guests must bring with them, or otherwise provide, a bed and/or basket for any dog(s) to sleep in and ensure that their dog(s) do not lie or otherwise remain on any furniture whatsoever under any circumstances.

18.5. Any fouling within the Property must be cleared up immediately and we must be notified of this without delay. Any fouling on lawns or other outside areas associated with the Property must be cleared up without delay.

18.6. Any damage caused by the dog(s) must be reported to us immediately.

18.7. We reserve the right to charge an increased cleaning fee if there is an excessive amount of cleaning required due to the dog(s) staying at the Property. Guests will be advised if this is necessary and will be informed of this amount within 72 hours of check-out.

18.8. In the interest of safety and in accordance with Government legislation, we are unable to accept any dogs named under the Dangerous Dogs Act or any other relevant legislation in force at the time the booking is made.

18.9. Pets other than dogs will only be accepted at our discretion.

19. Assistance Dogs

19.1. Registered assistance dogs are permitted free of charge at all pet friendly properties.

20. Guest Property

20.1. We will not be liable for any loss or damage to Guests’ property or any property belonging to a member of the Party howsoever caused.

20.2. Guests’ vehicles, their accessories and any contents contained within are left entirely at Guests’ own risk. We are not responsible for any loss or damage from or to any vehicle from any cause whatsoever.

21. Special Requests

21.1. Guests must ensure that they inform us of any special requests at the time of booking and confirm this to us by telephone or email within 24 hours of making the booking.

21.2. We aim to consider reasonable requests however we cannot guarantee that these will be met.

21.3. We reserve the right not to consider any special request.

21.4. Confirmation from us that we have noted or are aware of the special request or if it is shown on your booking confirmation or any other document is not confirmation that the request will be met.

22. Disability

22.1. Where applicable, Guests are responsible for ensuring that the Property they have booked is suitable for any persons within the Party who have a disability.

22.2. Guests should ensure that we are informed of any disabilities and are given full, clear and accurate details of those needs at the time of the booking.

22.3. Where possible, we will make reasonable adjustments to accommodate any Guest or member of their Party with a disability.

23. Contacting Us During Your Stay

23.1. In the event that Guests need to speak to us during their stay, contact can be made by telephone or email between the hours of 9am – 5pm, Monday to Sunday.

23.2. Any contact made outside the hours of 9am-5pm will be responded to by us as soon as possible.

23.3. In the event of an emergency situation, please call the appropriate emergency service(s) in the first instance. Guests should then contact us without delay.

24. Changes or Cancellation

24.1. By Guests:

24.1.1. If Guests need to cancel their booking they are required to contact us immediately by telephone, email or by writing to us. The booking reference number should be provided in any such correspondence. The cancellation is effective from the date we receive notification from the Guest. A strict cancellation policy operates.

24.1.2. In the event that Guests cancel their booking more than 7 days before the scheduled arrival date, a 50% refund (minus booking fees and any other non-refundable deposit monies paid in accordance with Clause 4.2 or 4.3) will be given.

24.1.3. If Guests cancel their booking 7 or fewer days before the scheduled arrival date no refund will be given.

24.1.4. If there are legal or compassionate reasons (i.e. death, serious injury) why Guests are unable to conform

to their booking they must inform us at least 10 days before the scheduled arrival date. We reserve the right to request satisfactory documentary evidence.

i. All evidence provided to us shall be at Guests’ expense.

ii. We and/or the Letting Agent will consider whether any partial reimbursement shall be offered to Guests and the amount of this.

iii. If Guests are entitled to reimbursement this will be paid within 30 Working Days of our receipt of satisfactory documentary evidence.

iv. If we are informed less than 10 days before the scheduled arrival date, we and/or the Letting Agent are unable to offer any reimbursement whatsoever to Guests.

24.2. By Us:

24.2.1. We do not anticipate that it will be necessary to change and/or cancel a booking however in the unlikely event that we need to do so we will endeavour to accommodate Guests in one of our other properties where possible.

24.2.2. If we are unable to accommodate Guests in an alternative property, we will notify Guests of this as soon as is reasonably practicable and Guests will receive a full refund within 10 Working Days.

24.2.3. We will be responsible for refunding any amount owed to Guests and monies will be refunded to the payment method used to make the booking. We will not pay any compensation or offer any other form of reimbursement to cover any additional charges or costs Guests may incur as a result of any such cancellation or change.

24.2.4. We may cancel a booking and terminate the Holiday Rental Agreement at any time with immediate effect by providing Guests with written notice (including by email) if:

i. Guests do not pay when they are required to; and/or

ii. Guests breach these Terms and Conditions in any other material way.

25. Transfer or Sale of Booking

25.1. Guests are not permitted to transfer or re-sell their booking in whole or in part. If Guests do transfer or re-sell, or attempt to do so, we will terminate the booking and the Holiday Rental Agreement will come to an end. We will be entitled to retain any monies paid to us for the booking and reserve the right to refuse to deal with Guests in future.

26. Website and Brochure Accuracy

26.1. We aim to ensure that all information listed for each property on our website and any other promotional material or literature we may produce and/or provide is accurately presented at all times.

26.2. There may be small discrepancies between the condition of the actual Property and its description and we reserve the right to make changes to the Property and/or website and/or promotional materials and literature.

26.3. In the unlikely event that there is a mistake or inaccurate description of the Property booked, Guests must notify us by email, phone or text within 24 hours of the standard check-in time.

26.4. We cannot accept any responsibility for closures and/or changes to local services, amenities or attractions which may have been mentioned on the website or other promotional materials or literature.

27. Travel Insurance

27.1. We advise that Guests consider obtaining an appropriate Policy of Travel Insurance to cover the risk of cancellation and loss of deposit monies.

28. Comments and Complaints

28.1. We take all comments and complaints seriously. If Guests wish to complain, we will endeavour to take appropriate action as soon as possible.

28.2. In the unlikely event that Guests are dissatisfied with the Property and/or us, they must write to us (including email) as possible. The letter or email must contain full details of the complaint, in sufficient detail to allow further investigation.

28.3. We will respond to Guests within 10 Working Days wherever possible, and offer a solution to any fair complaints if this is appropriate, reasonable and practicable.

29. Governing Law

29.1. Any dispute, claim or other matter which may arise as a consequence of or in relation to a booking and/or the Holiday Rental Agreement and/or these Terms and Conditions will be governed and construed in accordance with English Law.

30. Jurisdiction

30.1. The parties to the Agreement 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 these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).

31. Limitation of Liability

31.1. Nothing in these Terms and Conditions shall limit our liability for:

i. death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors; or

ii. fraud or fraudulent misrepresentation on Our part;

iii. any breach of the terms implied by Section 2, 3, 4 and 5 of the Supply of Goods and Services Act 1982; or

32. Force Majeure Events

32.1. For the purposes of these Terms and Conditions, a Force Majeure Event means an event beyond the reasonable control of the parties including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

32.2. A party affected by a Force Majeure Event shall not be liable to the other as a result of any delay or failure to perform its obligations under the agreement as a result of a Force Majeure Event.

32.3. We do not accept any responsibility to pay any compensation where the performance or prompt performance of the Agreement is prevented or affected by a reason amounting to a Force Majeure Event.

33. Severability

33.1. If any part(s) of these Terms and Conditions are deemed invalid, illegal or for any other reason unenforceable, then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts of the Terms and Conditions. Any failure by us to enforce our rights or remedies under these Terms and Conditions or otherwise, shall not be construed as a waiver by us of those or any other rights or remedies we may be entitled to enforce.

33.2. All rights which have not been expressly referred to in these Terms and Conditions are reserved.

34. Third Parties

34.1. These Terms and Conditions are not intended to and do no confer any rights or remedies upon any person other than the parties to the booking. A person who is not a Party to the booking shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

35. Contact Us

35.1. If you require further information or have any questions regarding Our Terms and Conditions please email: [email protected] or telephone us on 0207 607 6753 or write to us at:

Starfish Properties