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.
"Owner" means, owner of the property being rented;
"Applicant" means clients applying to rent property;
"Tenants" means Applicants that have taken up residence in a property;
"Booking Form" means the booking form specified by the Owner to be used by all Applicants.
Duration and Times of Lettings:
The Applicant can occupy a reserved property from 1600 hours on the first day of the reservation, and the Applicant must ensure that he and any third parties who have been in occupation of a property as a result of a reservation leave the property by no later than 0930 hours on the date of departure as indicated on the Booking Form.
Applicants can provisionally reserve the property over the telephone with the Owner, but no contract shall exist between the Applicant and the Owner until the Owner has received the official Booking Form and the relevant payment in accordance with and subject to the provisions of Condition 4 at which time the reservation will be confirmed subject to the Booking Form having been submitted with all required information to the satisfaction of the Owner. The Applicant is required to supply the Owner with a list of all guests who will be staying at the property during the reservation period. This list is required one week prior to the commencement date.
For reservations made more than 12 weeks prior to the commencement date, a non-refundable deposit of 20% of the total amount due must be sent with the completed Booking Form.
If a reservation is made less than 12 weeks before the commencement date, the total amount due together with any additional charges must be tendered at the time of submission of the Booking Form. In the event that the Owner does not accept an Applicant's reservation, all moneys paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 12 weeks before the commencement date. The Cautionary Deposit of £500 (see Condition 8) is due TWO WEEKS prior to the commencement date.
Non payment of any sum by the due date will be deemed to be a cancellation and the Owner may re-advertise the property for reservations without prior notice to the Applicant.
The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition 4.
Payments under these Conditions may be made by internet banking, BACS. All payments should be made to Staplegrove Livestock Holdings Ltd for Wayside. Payments for Foxhill Lodge should be made to Mrs M Alford. Payments for Herons Bank should be made to Foxhill Livestock Ltd.
Any charges raised against the Owner or the above named by their bank for handling dishonoured cheques or direct debit payments shall remain a liability of the Applicant and payment of any such charges will be paid onto the Applicant.
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made in writing to the Owner at least 30 days prior to the booking date.
The Applicant shall remain liable for the all payments due in respect of the reservation whether or not they have been paid at the time of cancellation.
The Owner will offer the property for reservation and will use his reasonable endeavours to obtain reservation for the property in respect of the cancellation period.
If the Owner is successful the Applicant will be refunded the difference between moneys they have paid less the sums receivable from the re-letting after deduction of all costs and/or expenses incurred by the Owner, which shall include the non-refundable deposit paid for reservations made more than 12 weeks prior to the commencement date (unless total amount was paid in full on booking) and an administration fee of £25 in respect of each day that the property was reserved by the Applicant.
The owner may have to cancel a Booking before the Check- in date due to an Event Outside Our Control or if the property is no longer available. We will contact You if this happens. Any payments made by You will be refunded in full if we need to cancel your stay under the non- availability of property/ Event Outside Our Control clause 10.1
The Owner reserves the right to amend the price quoted in the brochure or rates sheet due to errors or omissions or changes in the VAT rate. In such circumstances the Owner will contact the Applicant as soon as the Owner becomes aware of an increase in charges.
If the Applicant does not wish to pay the increase the Applicant shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of Condition 4 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Owner.
Once a reservation has been confirmed in accordance with the provisions of Condition 3, should the Applicant require amendment to any of the information provided on the Booking Form a fee of £50 shall be charged to the Applicant.
The Applicant agrees:
- to pay for any losses or damages to the property or its fixtures, fittings or decor, howsoever caused (reasonable wear and tear excluded);
- to take good care of the property and leave it in a tidy and clean condition at the end of the tenancy, if not a good house keeping fee will be taken from the cautionary deposit to cover any and all additional housekeeping costs;
- not to smoke at the property
- not to cook anywhere on the property otherwise than in designated kitchen areas;
- not to bring any pets to the property unless previously agreed in writing with the Owner;
- to leave the BBQ in a clean and hygienic state (BBQ supplied April - October) or a charge of £50 will be deducted from the cautionary deposit;
- to be considerate of neighbouring properties with regard to noise and disruptive behaviour - sound systems and PA systems are banned from the properties;
- to adhere to the health and safety rules and guidelines set out to ensure guests safety when using the swimming pool;
- to vacate the property on the reservation departure day by 09.30 hours to allow access to housekeeping staff.
- The maximum number of people who can stay at the property is set out in the property description (but will be subject to any overriding government restrictions restricting numbers) and you warrant that you will not at any time during your stay exceed the number of guests or have visiting guests to the property.
- A refundable damage & good house keeping deposit of £500 (referred to as a 'Cautionary Deposit') is payable in accordance with the provisions of Condition 4;
- In the event that the Applicant or anyone staying at the property during the Applicant's reservation period causes damage, or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during the Applicant's reservation period the guest will be notified in writing of the details of any extra costs incurred within 10 working days after the end of the reservation period and this amount shall be deducted from the Cautionary Deposit;
- The Owner reserves the right to increase the cautionary deposit to £1000, notifying the Applicant beforehand, in such instances as Stag / Hen / or if the majority of the individuals residing in the property during the period of the Applicant's reservation are under 30 years old;
- The Owner reserves the right to make a charge to the Applicant's credit card for up to 30 days from the end of the period of reservation in respect of any charges made as a result of the provisions of this Condition. If the property is left in a satisfactory condition and all invoices have been paid, no charge will be made;
- The Cautionary Deposit will be repaid within 10 working 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 be due to be repaid to the Applicant shall be repaid within 90 days from the end of the reservation period;
Swimming Pool and Spa Equipment:
The Applicant agrees that the use of any swimming pool facility and spa equipment is at the Applicant's (or any third party residing in the property during the period of the Applicant's reservation) risk in all respects. The Applicant agrees to observe the "Regulations and Conditions Governing the Use of Swimming Pool and Play Equipment" which form part of these Conditions and to ensure that any third party residing in the property during the period of the Applicant's reservation also abides by the same.
The Applicants agree:
- That every care should be taken when around or using the pool.
- Guests should ensure that they shower prior to entering the pool or hut tub, to ensure no foreign items enter the pool or hot tub that will cause damage to the facility or water.
- Fake tan, sun tan lotion, body lotions and moisturisers should not be worn when in the pool or hot tub, as they can cause issues with the water quality. No compensation will be given if facilities stop working and these, or similar, are found to be the cause.
- Guests should ensure that all costumes or clothing is chlorine protected to prevent fading or damage.
- To make sure that the cover is always replaced after use to retain the heat.
- To note that the cover must be completely removed when the pool is in use and that it is dangerous to be in the water with the cover on or partially on.
- That no one should swim while under the influence of alcohol or drugs.
- Hot tubs should not be used by children under 16 or by pregnant women. Doctor’s advice should be sought prior to using, if on medication.
- Guests should ensure that they take breaks regularly when using the hot tub, to avoid dehydration.
- Not to take any glass items near the pool area.
- Guests should note that some pools have a shallow end and a deep end and for your own safety diving is strictly prohibited.
- To ensure that children under 16, or any novice swimmer of any age, are always supervised by an adult and confident swimmer at all times.
- To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.
- The holiday of any Applicant or third party residing or making use of the property during the period of the Applicant's reservation in breach of this clause may be terminated immediately and without compensation or any further obligation.
- Any damage to the pool or spa facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to the Applicant.
- To use the pool, play equipment and trampoline at their own risk.
- Not to alter or tamper with the pool equipment.
- To vacate the pool and pool area by 10pm for guest safety.
- Neither the Owner, Agent, hot tub, pool cleaners or company accept any responsibility for illness, injury, reaction or condition resulting in using any of the pool or hot tub facilities.
Authority to Sign / Miscellaneous:
The Applicant acknowledges that he/she/they are authorised to sign the Booking Form on behalf of all persons who will occupy the property throughout the duration of the reservation and that those persons are aware of the terms of these conditions.
The Applicant shall be a member of the party occupying the property and hereby agrees to the following:
- If the majority of the individuals residing in the property during the period of the Applicant's reservation are under 30 years old the Agent must be notified in writing, and the Cautionary Deposit will be increased to reflect this.
- There is no charge for extra children under the age of 2 although this is restricted to a maximum of two unless arranged directly with the Owner.
- The property details state the maximum number of persons permitted to occupy the property and grounds at anytime. Any additional people found to occupy the property that has not been notified to the Owner will be charged a rate per night of £100 per person for the booking duration. This will be taken from the cautionary deposit.
- No Smoking is permitted within the property.
- 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.
- No subletting of the property, in part or full, is allowed, unless in total agreement with the owner at the time of booking.
- To alert the owner of the property via the numbers given in the check in information at the earliest convenience of any issue with the property, facilities, grounds or equipment. If the owner has not been contacted during the stay and had a chance to ‘make right’, if an issue or complaint is made after the stay, the Applicant does not have the right to compensation of any kind.
- To acknowledge that if the property is described as having WiFi/an internet connection, please note that speeds vary, especially in rural areas and coverage in properties vary. Guests must not use the internet for illegal purposes. The owner will not be held responsible for limited WiFi in the property. In the same manner, mobile phone signals vary at each property and the owner cannot guarantee signal or connection.
- No fireworks or sky lanterns shall be used at the property or surrounding area.
Any breach of these provisions will constitute a breach of contract, the Owner may terminate the reservation forthwith, in which event all monies paid by the Applicant will be forfeited and the Applicant and any third party residing at the property during the Applicant’s reservation may be required to vacate the property with immediate effect.
The Owner reserves the right to take possession of the property at any time where damage or nuisance has been caused by the Applicant or any third party residing at the property during the period of the Applicant’s reservation. In such an event, the Owner shall not be liable to make any refund of any monies paid by the Applicant whatsoever.
Where the access to, layout or other physical feature of a property may be reasonably foreseen to cause individuals with restricted mobility difficulties the Owner has endeavoured to ensure that the information provided in respect of the property has made this clear.
Applicant's are required to inform the Owner in writing on submission of the Booking Form of the requirements of any third party due to be residing at the property during the Applicant's period of reservation with regard to any restricted mobility issues that may exist.
Please note that the Owner does not accept any responsibility for the provision of equipment or any form of care required by any person due to any form of disability or restricted mobility regardless of the cause.
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
Non-Availability of Property:
If for any reason the property is not available on the date booked, or the property is unfit for purpose, the Owner cannot accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to "force majeure" or "events outside our control"
Circumstances that will be deemed to amount to "force majeure" include destruction or damage to the property as a result of fire; flood; explosion; storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Owner. An Event Outside Our Control includes strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local, national lockdowns, pandemic, epidemic, environmental disaster or utilities failure or interruption.
Non-Availability of Services, Amenities or Equipment:
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 Applicant 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.
This Condition 14 sets out the entire financial liability of the Agent and the Owner (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Applicant in respect of any breach of this agreement; any use made by the Applicant or any third party residing or making use of the property during the Applicant's period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of the Agent or Owner for death or personal injury resulting from negligence or for any damage or liability incurred by the Applicant as a result of fraud or fraudulent misrepresentation by the Agent or Owner.
Neither the Agent or Owner shall be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
The Agent and / or the Owner's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of the Applicant's reservation under the conditions of this Agreement.
Any vehicle(s) of the Applicant or any third party making use of the property during the period of the Applicant's reservation is left at the property entirely at the risk of the owner of the vehicle.
In the event of discrepancy between these conditions and any other document, these conditions shall prevail.
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