Terms & Conditions

PLEASE READ THESE CONDITIONS CAREFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS

WE REQUIRE THAT OUR GUESTS READ AND SIGN THE FOLLOWING CONDITIONS WHICH SHOULD BE READ IN CONJUNCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.

BLACKDOWN LUXURY LETTINGS - BOOKING TERMS & CONDITIONS

These terms are between you and us.

1. DEFINITIONS

1.1 When the following words with capital letters are used in these terms, this is what they will mean: 

Arrival Date      the date (and time) on which your Booking will begin, and the  Property will be made available to you.

Balance Due Date   12 weeks (84 days) before the Arrival date except in circumstances where Booking Confirmation is issued less than 12 weeks (84 days) before the Arrival Date (in which the balance is due on Booking).

Booking   the confirmed reservation of the Property to commence on the Arrival date and end on the Departure Date

Booking Confirmation  the written acceptance of the Booking Reservation which may include more information such as details around arrival and departure, directions, Property Rules etc

Booking Fee a non-refundable fee of £50 per booking, required from You when making the booking to secure the Property.

Booking Deposit non-refundable fee of 20% of the total Booking Price, required from you when making the Booking to secure the Property for the duration of the Booking

Booking Form the booking form specified by the Owner to be used by all Guests

Booking Price   the total price as charged to you for the Booking including any additional charges as set out on the Website or otherwise notified to you when making a Booking.

Booking Reservation  the Guest’s request to book a property form for holiday letting purposes including the guest list.

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

Cancellation Fee  an administration fee of £25 for each day that the property was reserved for payable in the event that you have to cancel your Booking as per clause 10

Cautionary Deposit  paid by the Guest on the Balance Due Date in the event of damage to the Property, set out in the Booking Form

Contact Details  the details found on our website https://www.blackdownluxurylettings.co.uk/enquiries/new

Departure Date  the date, 9:30am, on which your Booking will end and you must vacate the Property.

Electric Vehicle Policy   a separate document that will be supplied to you (where applicable).

Events Outside of the Parties Control  as defined in clause 12

Guest

 

Property	Registered office
Herons Bank	Foxhill Livestock Limited Foxhill Farm, Blackborough, Cullompton, Devon, EX15 2HU
The Cedars Foxhill Lodge	Foxhill Partnership: Foxhill Farm, Blackborough, Cullompton, Devon, EX15 2HU
Wayside Lower Leigh Dreamview Shepherds Huts- Silver Birch Dreamview Shepherds Huts - Copper Beech Dreamview Shepherds Huts - Sweet Chestnut	Staplegrove Livestock Holdings Ltd Foxhill Farm, Blackborough, Cullompton, Devon, EX15 2HU

Property      the property/properties inclusive of facilities, grounds, or equipment provided for holiday letting purposes, details of which have been made available on the Website.

Property Rules    specific restrictions applicable to a Property as detailed on the Website

Terms   these terms and conditions on which your Booking is supplied to you.

Website     www.blackdownluxurylettings.co.uk

1.2     When we use the words "writing" or "written" in these Terms, this will include email but excludes fax or any other messaging platform.

1.3      Unless the context otherwise requires, words in the singular shall include the plural and vice versa

2.   OUR CONTRACT WITH YOU

2.1   Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) and within these Terms are complete and accurate before you submit the Booking Reservation. If you think that there is a mistake within these Terms or that these Terms require any changes, please contact us to discuss. We will confirm any changes to these Terms in writing to avoid any confusion between you and us.

2.2   You will need to pay the Booking Deposit & Booking Fee as set out in the Booking Form in order to secure your Booking. On receipt of payment, we will send you a Booking Confirmation email

2.3   These Terms will become binding between us once we issue you with the Booking Confirmation.

2.4    If any of these Terms conflict with any term contained within the Booking Reservation, the Booking Confirmation, or the Property Rules, these Terms will take priority

2.5    We reserve the right to refuse Bookings we no longer wish to take within 1 week of issuing the Booking Confirmation. Any Bookings that are refused within this time will be refunded any monies paid to date in full.

2.6   You confirm that the Guest making the Booking Reservation is either of the age 25 years old or over. There must be at least 1 adult over the age of 25 in the Booking party. No single sex groups or stag/hen parties allowed.

2.7  If the Property does not expressly permit celebrations as part of the description on the Website, then they will be expressly not permitted. We reserve the right to refuse to issue any Booking Confirmation at our discretion

2.8  The maximum number of people who can stay in the Property will be notified to you on the Website. You guarantee that you will not exceed that number. Visitors are welcome during the day with our permission at an extra charge overnight. Visitors are not permitted. Additional camp beds, tents, caravans, and camper vans are not permitted on site.

2.9   We require when requesting the Booking Reservation, a list of the names, sex and age of all persons staying at the Property. We also require the names of any day visitors to the Property. The lead Guest will be responsible for identifying all guests at the property.

2.10  You agree not to arrive at the Property before the Arrival Date and to depart from the Property on or before the Departure Date. The table below sets out the different Properties and the earliest permitted time on the Arrival Date and the latest time to leave on the Departure Date.

Property	Earliest time permitted to arrive at the Property on the Arrival Date	Time required to vacate the Property by on the Departure Date
Lower Leigh	16:00	09:30
The Cedars	16:00	09:30
Herons Bank	16:00	09:30
Wayside	16:00	09:30
Foxhill Lodge	16:00	09:30
Dreamview Shepherds Huts -Silver Birch	16:00	09:30
Dreamview Shepherds Huts - Copper Beech	16:00	09:30
Dreamview Shepherds Huts - Sweet Chestnut	16:00	09:30

2.11    The Property will not be available at any time outside of the times reserved by you. We reserve the right to make an additional charge in the event that you have not left the Property by the agreed Departure Date. If you fail to depart by the Departure Date, we reserve the right to withhold the Cautionary Deposit in whole.

2.12     Any illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.

2.13    The Property shall be used only by you and your party as detailed on the Booking Reservation. You agree that you will not sub-let the Property.

2.14   The Property is provided for holiday letting purpose only for the specified period as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any:

2.15  new tenancy; or

2.16 assured short hold or tenancy; or

2.17 any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure, now or from he Departure Date of the Booking.

3. CHANGED TO BOOKING OR TERMS

3.1   We may revise these Terms from time to time in the following circumstances:

3.2    changes in how we accept payment from you;

3.3     changes in relevant laws and regulatory requirements; or

3.4     if we have a valid commercial reason to do so.

3.5     If we have to revise these Terms under clause 3.1, 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 Agreement in accordance with clause 10.

3.6      If you wish to change the dates of your Booking or amend your Booking in anyway, please contact us in writing via the email address in our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.

4.   CAUTIONARY DEPOSIT

4.1   Except for bookings for Shepherds Hut, the Guest is required to pay a refundable Cautionary Deposit by the Balance Due Date. The sum payable from the Guest to the Owner will be set out in the Booking Form. This payment will be made by the Guest to the Owner to the same account as the Booking Deposit.

4.2    In the event that the Guest or anyone staying at the Property should incur any damage to the Property the Guest shall be held liable. If this occurs the Owner will notify the Guest in writing of the extra costs incurred within 10 Business Days after the end of the reservation period and the amount shall be deducted from the Cautionary Deposit.

4.3    The Cautionary Deposit will be repaid within 10 Business Days after the end of the Reservation period (or where a deduction is to be made from the Cautionary Deposit by virtue of the provisions of this condition, then such proportion as made to be repaid to the Guest shall be repaid within 90 days).

4.4    The Owner reserves the right to amend the Cautionary Deposit quote prior to the Booking Confirmation.

5.   ENJOYING THE PROPERTY & RESTRICTIONS

5.1  We will supply the Property to you for the period set out in the Booking Confirmation.

5.2   Access to the Property is subject to your adherence to these Terms and the Property Rules.

5.3   We will make every effort to make the Property available to you on time. However, there may be delays due to an Event Outside of the Parties Control. See clause 12 for our responsibilities when an Event Outside of the Parties Control happens.

5.4   If you do not pay us for your Booking when you are due to, access to the Property will not be permitted and the Booking will be cancelled.

5.5   You shall take proper care of the property and its contents during your Booking and may lose your Cautionary Deposit and/or 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 your Arrival Date. This includes, but is not limited to, the cost of repairs and additional cleaning.

5.6     Any Property Rules shall be incorporated into these Terms and breach of any of the Property Rules will be treated as a breach that entitles us to cancel the contract. Any breach of these Terms or the Property Rules will be subject to a minimum charge per person or the value of any loss of damage, whichever is higher. At our discretion, we may request immediate departure from the Property without refund.

5.7   We will issue you with access information including any key safe codes by email prior to the Arrival Date. If you lose or damage a set of keys, you shall be liable for this loss, and we will invoice you the cost of the replacement. Failure to return the keys before or on the Departure Date will result in further charges.

5.8   No smoking is permitted in the Property. If it is evident that smoking has occurred within the Property during your Booking, you will be asked to vacate the Property immediately and will be liable for any costs incurred deep cleaning, redecorating, and cancelling all or part of any subsequent Bookings if the Property has been rendered uninhabitable. If you smoke outside during your stay in a manner which is at our discretion unacceptable, for example by littering, you will be liable for any costs incurred, including but not limited to the cost of any clean-up.

5.9   No naked flames, bonfires, firepits (expect where provided by us), fireworks, drones, UAVs or any type of sky lanterns are permitted in or around the Property.

5.10   To acknowledge that if the property is described to have Internet access in the Booking Form it is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity. In the same manner, mobile phone signal may vary at each property and the Owner cannot guarantee signal or connection.

5.11   If you wish to have a third party to provide services on the Property premises, this will only be allowed where we have provided written approval of such third parties ahead of the Arrival Date. Any third party will be bound by the Property Rules and must carry suitable levels of insurance. Please contact us using the Contact Details to discuss any such third party.

5.12   Upon your arrival, please notify us of any defects at your earliest convenience of any issue with the Property. If we have not been contacted throughout the stay thereafter you will be deemed to have accepted the condition of the Property. Where defect or damage to the Property occurs during the Booking, you must report it to us immediately by email or phone and in any event of damage occurring. We will take reasonable steps to rectify any defects or damage that is reported to us. All defects or damage must be reported to us prior to the Departure Date.

5.13   Please ensure you are familiar with the Property’s location and that the Property is suitable for your needs. You will be deemed to have accepted the suitability of the Property at the time of making your Booking Reservation.

5.14   Please respect the surrounding area and any neighbouring properties. You must also comply with any applicable laws and rules throughout your Booking, including but not limited to The Countryside Code.

5.15   You are encouraged to enjoy the Property. Your use and enjoyment of the Property and grounds must be solely in accordance with these Terms, the Property Rules and/or any signage or instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.

5.16  You acknowledge that cooking is only permitted in the designated kitchen areas.

5.17  You acknowledge that you are the lead Guest for the Booking and shall be responsible for ensuring the compliance of the whole Booking party with these Terms, the Property Rules and/or our signage or instructions. Children and any pets must be supervised within the Property’s grounds.

5.18   You must not cause a nuisance or disturbance to neighbouring accommodation or behave in an unreasonable way. The playing of music or making a noise which is clearly audible in nearby accommodation is not permitted after 11pm. The use of public address systems are expressly banned from the properties.

5.19   There may be an electric vehicle charging point at the Property to be used for charging electric vehicles. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’) to charge your vehicle from a socket at the Property. Where there is an electric vehicle charging point at the Property, the Electric Vehicle Policy applies.

5.20     We reserve the right to request immediate departure without refund where you have in our discretion acted unreasonably and in a manner which may impair the enjoyment, comfort or health of others, including but not limited to breaching this clause 5.

5.21    We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople) reserve the right to enter the Property at all reasonable times for the purpose of inspection or to conduct any repair deemed necessary to the Property and its contents. We will endeavour to agree times with you where possible.

5.22    All belongings and vehicles are left at the Property at your own risk. Please ensure all belongings are removed by the Departure Date as the return of any lost property cannot be guaranteed and will incur charges. If the Owners are asked to return items left at the Property, there will be an administrative fee of £25 per parcel sent plus the cost of postage and packaging.

6.  PETS

6.1   Pets are not permitted at the property without prior consent and arrangement from the Owner and will be subject to an additional charge.

6.2   Details of features provided at the Property for pets can be found on the Website, or by contacting us directly.

6.3   You are responsible for your pets at all times.

6.4    You will be liable for any damage caused by pets including where the Property is not left sufficiently clean and for any pet waste that has not been removed from the Property and the surrounding areas. The cost of any repair, replacement or extra cleaning will be retained from the Cautionary Deposit and any further costs invoiced to you.

6.5       We are not liable for any allergies that are affected as a result of pets present in previous occupancy.

7.   PRICE AND PAYMENT

7.1     The Booking Price will be set out on the Website, at the time of submitting your Booking Reservation and as detailed in your Booking Confirmation.

7.2     Where VAT is chargeable, it is included in the sums given.

7.3     Where your Booking Reservation is more than 12 weeks (84 days) from the Arrival Date, you must pay a minimum Booking Deposit & Booking Fee as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.

7.4      Where your Booking Reservation is made with less than 12 weeks (84 days) before the Arrival Date, you must pay the full balance of the Booking Price & Booking Fee at the time of making a Booking Reservation.

7.5       We will notify you before the Balance Due Date payment is due. If payment is not received, we will try and contact you. If we cannot contact you or you do not make any payment due to us by the Balance Due Date for payment, we will treat the non-payment as your cancellation of the Booking and termination of this contract and your Deposit will not be refunded to you.In these circumstances, your rights to a refund are set out in clause 10.

8.   LEGAL RIGHTS AND COMPLAINTS

 As a consumer, you have legal rights in relation to your Booking where it is not offered to you with reasonable skill and care, or if the service provided to you is faulty or not as described.

Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. However, we ask that you contact us in the first instance using our Contact Details.

9. OUR LIABILITY TO YOU

9.1     No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit any liability which cannot be excluded or limited by law.

9.2      If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. 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 it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.

9.3        We only supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4       We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets, or vehicles, howsoever caused.

9.5      If for any reason the services, amenities or equipment of the property are disrupted or in any way cease to be available as the result of fire, flood, explosion, storm or weather damage, break-in or other criminal damage, unfit for purpose or any other occurrence beyond the control of the Agent or the Owner then the Owner will notify the Guest as soon as possible. Neither the Agent nor the Owner can accept any responsibility or pay any form of compensation where the circumstances causing the non-availability or services, amenities or equipment are beyond reasonable control. 

10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1    We strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.

10.2    You may cancel a Booking up to the Balance Due Date and you will be refunded your deposit in accordance with the table below. By contacting us using the Contact Details. If you cancel after this date the Deposit shall not be refunded for cancellation.

Number of days before Balance Due Date that notification of cancellation is received	Percentage of the Deposit returned to the Guest
0 - 15	0%
16 - 45	25%
45 - 84	50%

10.3  We will confirm your cancellation with you in writing and notify you of any Cancellation Fee if there is any refund due to the Guest.

10.4   Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to Covid19, and any other endemic disease), this will be treated as a cancellation by you and not an Event Outside the Parties Control (Clause 12). We strongly recommend you consider insurance for this potential eventuality. If you need to cancel your Booking, we will make the Property available for re–let. If we are able to re-let the Property, we will refund money paid less our Booking deposit and subject to any difference in price between the Booking Price and the re-let price.

10.5  If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation and will not be refundable.

10.6    Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3.1 and you elect to cancel the contract (except where we have been affected by an Event Outside of the Parties Control), you do not have to make any payment to us and we will refund any monies paid in full.

11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1   We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control. We will promptly attempt to contact you if this happens.

11.2   If we have to cancel a Booking under clause 11.1 and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full. 

11.3  We may cancel the contract for your Booking at any time with immediate effect by giving you written notice if you:

11.3.1   do not pay us when you are supposed to; or

11.3.2   break the contract in any other material way.

12.  EVENT OUTSIDE OF THE PARTIES CONTROL

12.1      Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances we may need to amend your Booking and refund you for any night that the Property is unavailable. A night will be constituted as from 12:00am onwards.

12.2      An Event Outside our Control includes, but is not limited to:

12.3     illness, 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 failure, temporary invasion of pests or utilities failure or interruption.

12.4      Weather will only be included as an Event Outside of the Parties Control where a red weather warning in respect of snow, ice and/or wind has been issued by the Met Office when it affects the Property area.

12.5      In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific Terms at such a time via the Website and will communicate this to you via the contact details provided us.

12.6    For the avoidance of doubt, illness and/or self-isolation due to Covid19 and/or showing symptoms of Covid19 and/or any other endemic disease will be treated as a cancellation by you and not an Event Outside of the Parties Control.

12.7     Should any event or circumstance beyond our reasonable control occur which means the Property cannot be provided to you, we will let you know as soon as possible so alternative accommodation and/or a refund can be arranged for you.

13.    HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1    We will use the personal information you provide to us to:

13.1.1     provide your booking;

13.1.2     process your payment for your Booking;

13.1.3      process identity checks where necessary; and,

13.1.4       inform you about similar products or services that we provide, where you have permitted us to. You may stop receiving these at any time by contacting us.

13.1.5    All date you provide to us will be treated in accordance with our Privacy Policy, available to view at https://www.blackdownluxurylettings.co.uk/privacy 

13.2          You acknowledge that throughout the Booking there will be CCTV recording outside of and around the Property, that you and other guests staying at the Property may be present in.

14.   OTHER IMPORTANT TERMS

14.1  We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.

14.2    Except for you (the Guest) and us, no other person shall have any rights to enforce any of these Terms.

14.3   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.

14.4     If we 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.

14.5   These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.