Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we take bookings for properties (Bookings) listed on our website www. latelettings. com (our site) from you. Please read these terms and conditions carefully and make sure that you understand them before making any booking through our site. You should understand that by making a Booking, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to book on our site.

1. Information about us

1.1 We operate the website www. latelettings. com. We are Late Lettings Limited, a company registered in England and Wales under company number 7964529 and with our registered office at 16 Island Crescent, Newquay, Cornwall, TR7 1DZ.

1.2 We take booking requests on behalf of third party property owners (property owners) which means that the contract for the booking is between you and the property owner. This also means that we have no contractual liability to you in respect of your booking.

1.3 This DISCLAIMER does not affect your statutory rights against us. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.

2. How the contract is formed between you and us

After making your booking online, you will receive an e-mail from us acknowledging that we have received your booking request. Please note that this does not mean that your booking has been accepted by the property owner. Your order constitutes an offer to the property owner to book their property for the specified dates. All bookings are subject to acceptance by the property owner and they will confirm such acceptance to us. Following the property owners confirmation, we shall send an e-mail to you that confirms that the booking has been made (Booking Confirmation) . The contract between you and the property owner (Contract) will only be formed when the Booking Confirmation has been sent.

3. Consumer cancellation rights & Refunds

3.1 You have the right to cancel for any reason and receive a full refund within three days (including weekdays, weekends and bank holidays) of receipt of the Booking Confirmation (when the Contract is formed) . You will receive a full refund of the price paid for the Booking minus any booking fees or credit card charges in accordance with our refunds policy (set out in clause 3.4 below) .

3.2 To cancel a Contract, you must inform us in writing or by email to enquiries@latelettings.com. Communications made to any other address or by any other means shall not be valid to cancel the Contract.

3.3 Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Booking Confirmation. This provision does not affect your other statutory rights as a consumer.

3.4 If you cancel a Booking in accordance with Clauses 3.1 and 3.2 above, we will process the refund due to you as soon as possible and, in any case, within 30 business days of the day in which you give us notice of cancellation.

4. Availability

4.1 Whilst we make every effort to ensure availability of the property, some errors might still occur. Once we are aware of the problem, we will make all reasonable efforts to advise you within 48 business hours of the Booking Confirmation being sent. We reserve the right in this situation to cancel your Booking and refund all monies paid without any liability to you.

4.2 In the event that the property owner cancels or amends your reservation after the Booking Confirmation has been sent, we will advise you as soon as possible. We may be able to offer you with an alternative but we reserve the right to cancel your reservation and refund all monies paid by you.

4.3 This provision does not affect your other statutory rights as a consumer.

5. Price and payment

5.1 The price of the Booking will be as quoted on our site from time to time, except in cases of obvious error.

5.2 Booking prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

5.3 Booking prices are liable to change at any time, but changes will not affect Bookings in respect of which we have already sent you Booking Confirmation.

5.4 Our site contains a large number of properties and it is always possible that, despite our best efforts, some of the properties listed on our site may be incorrectly priced. We will normally verify prices as part of our Confirmation procedures so that, where a property's correct price is less than our stated price and we have taken payment for a larger amount, we will charge the lower amount and will refund the difference to you within 14 business days. If a property’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions, or reject your Booking, notify you that we are rejecting it and refund you the sums paid.

5.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to accept the Booking at the incorrect (lower) price.

5.6 Payment for all Products must be by credit or debit card. We will charge your credit or debit card once the Booking has been confirmed by the property owner and at the time of dispatching the Booking Confirmation to you.

6. Our liability to a business

6.1 Subject to clause 6.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price of the Booking and, subject to clause 6.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

6.2 Subject to clause 6.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.

However, this clause 6.2 will not prevent claims for any claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 6.2 .

6.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) ;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

This clause 6 does not apply if you are contracting as a consumer. Please see clause 7.

7. Our liability to a consumer

7.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.

7.2 We only take Bookings from consumers on behalf of property owners for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) ;
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
(e) defective products under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

If you are contracting as a business, this clause 7 does not apply. Please see clause 6.

8. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. Notices and communications

All notices given by you to us must be given to Late Lettings Limited at info@latelettings. com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 8 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

10. Transfer of rights and obligations if you are a business

10.1 These terms and conditions are binding on you and us and on our respective successors and assignees.

10.2 You may not transfer, assign, charge or otherwise dispose of your rights and obligations under these terms and conditions, or any of your rights or obligations arising under the Contract with the property owner, without the prior written consent of the property owner.

10.3 The property owner may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of their rights or obligations arising under it, at any time during the term of the Contract.

This clause 10 does not apply if you are contracting as a consumer. Please see clause 111.

11. Transfer of rights and obligations if you are a consumer

11.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or obligations with the property owner under the Contract.

11.2 You may only transfer your rights and obligations under the Contract if the property owner agrees to this in writing.

This clause 11 does not apply if you are a business. Please see clause 10.

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the property owners’ obligations under a Contract that is caused by events outside our or the property owners’ reasonable control (Force Majeure Event) .

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.

12.3 Our performance in connection with any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations connected to the Contract may be performed despite the Force Majeure Event.

13. Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

13.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.

14. Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement

15.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract with a property owner.

15.2 We each acknowledge that, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

15.4 Nothing in this clause limits or excludes any liability for fraud.

If you are contracting as a consumer, this clause 15 does not apply. Please see clause16.

16. Our contract with you

If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

If you are contracting as a business, this clause 16 does not apply. Please see clause 15.

17. Our right to vary these terms and conditions

17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that you book a property with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously made by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days) .

18. Law and jurisdiction

Terms and conditions for the Booking of properties through our site and any dispute or claim arising out of or in connection with that Booking the Contract with the property owner or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

19. Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.