Terms & Conditions
TERMS AND CONDITIONS
In these terms and conditions:
The Booking Confirmation will be sent to you by letter, e-mail or any other electronic form confirming the agreement for the Holiday Let for the Holiday Period.
The ‘Arrival Date’ means the date shown in the Booking Confirmation as the arrival date for the Holiday Period.
The ‘Departure Date’ means the Departure Date referred to in the Booking Confirmation as the date on which you are required to leave the Holiday Property.
The ‘Deposit’ means the deposit referred to in the Booking Confirmation.
The ‘Holiday Cost’ means the Holiday Cost stated in the Booking Confirmation.
The ‘Holiday Let’ means the agreement made on the date shown on the Booking Confirmation between the owner and you under which the owner allows you and your party to occupy the Holiday Property for the Holiday Period for the purpose of a holiday subject to these Terms and Conditions.
The ‘Holiday Property’ means the property referred to in the Booking Confirmation. The Holiday Property is separate to and does not include the private owners’ accommodation.
The ‘Holiday Period’ means the period from 4:00 pm on the Arrival Date to 10:30 am on the Departure Date.
‘We’ or ‘us’ means ‘Hall, House + Kitchen’ run by Peter Jaques-Walker, contactable at Brownber Hall, Newbiggin on Lune, Kirkby Stephen, Cumbria, CA17 4NX.
The ‘owner’ means the owner of the Holiday Property.
‘Terms and Conditions’ means the terms and conditions (including the definitions) set out in this document and which apply to your Booking.
‘You’ or the “party leader” means the person or persons referred to on the Booking Form as the customer.
‘Your party’ or “the party” means the other person or persons staying with you at the Holiday Property.
1. Nature of the Agreement
1.1 We are an agent for the owner and the contract for the rental
of the Holiday Property is made between you and the owner. We as the agent are responsible for managing and processing bookings for the Holiday Let. We are duly authorised to act on the owner’s behalf in matters relating to the Holiday Let in accordance with the Terms and Condition.
1.2 All agreements that you or a member of your party enter into for the provision of extra goods or services, including but not limited to catering, food and drink and bike hire, are made directly with us and not the owner. We, not the owners, are responsible for the provision of extra goods or services during the Holiday Let.
1.3 The Holiday Let is granted by the owner to you for the purpose of a holiday. You agree that your booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights other than the right to occupy the Holiday Property as holiday accommodation for the Holiday Period. The Holiday Let (including without limitation any long let) is not an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977.
2. Making your Booking
2.1 All bookings depend on the Holiday Property being available. You, as the party leader, must be at least 18 years old at the time of booking. You confirm that you are authorised to book the Holiday Let and that all other members of your party agree that the Holiday Let will be governed by these Terms and Conditions. You, as the party leader, are responsible for making all payments due to us.
2.2 If the Holiday Property is available, and once the deposit has been received by us, we will then send you the Booking Confirmation as soon as reasonably possible. Your contract with the owner will only begin once we have received the deposit from you and once the Booking Confirmation on behalf of the owner has been sent out. No contract exists until that time.
2.3 When you receive your Booking Confirmation, please check the details carefully. If anything is not correct, please tell us immediately. If you book through a travel agent, we may send your Booking Form and all other documents to your travel agent. If your contact details change at any time prior to your stay, it is your responsibility to inform us of this and provide us with updated contact details.
2.4 Where we have made a provisional booking for you either over the phone or by telephone, the Holiday Property will continue to be held for you for the agreed period of time only. Unless you confirm the Booking with us and pay the deposit within the agreed period of time, then the Holiday Property will be rereleased for general sale after the agreed time period. The contract for the Holiday Let will only commence once the deposit has been paid and the booking has been confirmed by way of a Booking Confirmation.
2.5 Hall, House + Kitchen, on behalf of the owner, has the right to cancel or to refuse a Holiday Let at any time where we reasonably believe that (a) you are likely to breach these Terms and Conditions; (b) any details supplied by you in relation to your Booking are incorrect; or (c) you have behaved in an abusive, threatening or unlawful manner to an owner or to our staff. If we cancel your Booking in these circumstances, we will tell you in writing and neither we nor the owner will have any liability to you.
3. Suitability for your needs
3.1 The details of the property as advertised on our website are intended to present a general description of holiday properties and not all details can be included. There may be small differences between the Holiday Property and its description.
3.2 We cannot be responsible for any inaccurate information relating to the
Holiday Property unless this was caused by our negligence.
3.3 You should take reasonable steps to ensure that the Holiday Property is suitable for your needs before you book. This may include issues such as property type, location, accessibility, facilities, layout, stairs, grounds/garden and so on. We will answer any queries about properties so as to enable you to make an informed decision about a property’s suitability prior to making a booking.
3.4 If you or any member of your party has any disability that may affect your stay at a Holiday Property please let us have details before you book. If the owner reasonably feels unable to meet that person’s needs they may decline or cancel a Holiday Let.
3.5 We cannot be liable for any changes to local services or attractions.
4. Your Stay
4.1 Where a Holiday Let has been confirmed, the owner permits you to occupy the Holiday Property for the Holiday Period for the Holiday Cost.
4.2 The Holiday Property does not include either access to the private owner’s accommodation or the on-site commercial kitchen. The owner may permit access to the on site commercial kitchen, with prior arrangement.
4.3 Where you have entered into an agreement to let the Holiday Property on a reduced occupancy basis, then the owner reserves the right to close off bedrooms which will not be in use. Where a property is being let on a reduced occupancy basis, this will be made clear within the Booking Confirmation.
5. Your Obligations
You and your party must:
5.1 Allow the owner and/or any of the staff members of “Hall, House + Kitchen” access to the Holiday Property, with or without you or your party being present, in certain circumstances, including but not exclusively: to enable maintenance or repair work to be carried out, to enable the owner and/or us to comply with all relevant statutory requirements and the requirements of regulatory bodies, to inspect the Holiday Property (including where a complaint has been made)
and to allow visits (following advance notification to you) by inspectors; or in cases of emergency. The owner and/or members of staff from Hall, House + Kitchen may also enter the Holiday Property if you break these Terms and Conditions;
5.2 Allow the staff members of “Hall, House + Kitchen” access to the Holiday Property, with or without you or your party being present, in order to access the commercial kitchen within the Holiday Property, where it has been agreed that we will be providing private catering to you and your party.
5.3 Allow the staff members of “Hall, House + Kitchen” access to the property, with or without you or your party being present, for the purpose of delivering food and drink items, where it has been agreed that we will provide these to you or other members of your party.
5.4 Keep the Holiday Property and it contents (including furnishings, kitchen equipment, crockery, glasses, bedding and towels) clean and in good condition and be responsible for the cost of repairing any damage to the same. You may be asked to sign an inventory of contents;
5.5 Not cause any damage to any part of the Holiday Property, its fixtures, fittings, contents, décor, equipment or grounds. Failure to uphold these obligations may lead to a claim against you for costs;
5.6 Leave the Holiday Property in the same condition as you found it on arrival;
5.7 Behave in a way that does not break the law while at the Holiday Property;
5.8 Tell us or the owner about any damage to the Holiday Property or its contents as soon as possible;
5.9 Not do anything that may reasonably be considered to cause a nuisance or annoyance to anyone or act in an anti-social manner;
5.10 Not smoke inside any part of the Holiday Property. If it is reasonably believed that smoking has occurred during your stay you may be required to leave the Holiday Property and forfeit the remainder of your booking. If we or the owner reasonably believe that smoking has occurred a charge may be made to rectify this up to and including liability for the cost of cancelling all or part of any subsequent booking if the Holiday Property has been rendered uninhabitable;
5.11 Not exceed the occupancy of the Holiday Property, as advertised by us or as agreed with us (if reduced occupancy rates have been offered) and not sublet the Holiday Property.
5.12 Not do or permit any act reasonably likely to make any insurance policy on the Holiday Property void or voidable or increase the premium and including over occupation of the Holiday Property. You must not permit temporary visitors to the Holiday Property to stay overnight or block any fire escape routes or access to opening windows. Should you breach this
term you may be required to leave the Holiday Property with the Holiday Let being treated as if it had been cancelled by you. In such a situation you will forfeit the value of any unexpired portion of your stay and no consideration will be made towards any associated costs you may incur as a
consequence of you being required to leave the Holiday Property;
5.13 Not arrange for or allow visitors to the Holiday Property without the prior agreement of the owner or allow anyone who is not a member of your party to stay at the Holiday Property;
5.14 Leave the Holiday Property by 10.30am on the departure date. Failure to do so may result in you being charged a further day’s proportionate Holiday Cost at the prevailing tariff into which your occupation extends.
6. Payment and Pricing
6.1 You must pay a non-refundable deposit of 30% of the total Holiday Cost at the time of booking and in order to secure your booking. The Booking Confirmation will only amount to a binding contract once the deposit has also been received by us.
6.2 The balance of the Holiday Cost and the cost of any extras that have been pre-selected at that time will be due 30 days before the Arrival Date. The cost of any extras selected within the 30 day period prior to the Arrival Date must be paid prior to checkout on the departure date.
6.3 Where a booking is made less than 30 days before the Arrival Date you must pay in full when booking the Holiday Let.
6.4 If you are booking any of the holiday properties for a commercial enterprise, then we may request that the full balance is to be paid at the time of booking and this will be non-refundable. We may also request to see copies of your insurance documents to ensure you have appropriate cover in place.
6.5 A £250 security deposit may also be pre-authorised on your card at the time of either booking or payment of the balance, with prior notification. Payments will only be taken from the pre-authorised security deposit (to the required amount) for:
i. any extras that remain unpaid for after checkout;
ii. any additional costs incurred after checkout (eg. replacement of keys or postage and packaging for lost property);
iii. any missing fixtures or fittings.
iv. any excessive mess or damage to the property, fixtures or fittings;
v. damage or excessive mess caused by pets;
vi. smoking inside the premises; or
vii. excessive use of utilities.
6.6 Payments must be made by either by BACs or by credit or debit card (Mastercard or Visa only). No additional charge will be made for payments made by debit card or credit card. If payment of the balance has not been made 30 days prior to your stay, then we reserve the right to take payment for the remaining balance using any card details stored on our booking system, prior to your arrival.
6.7 If you do not make any payment due by the specified date we, on behalf of the owner, are entitled to assume that you want to cancel your booking and we may cancel your booking.
6.8 We act as an agent and, aside from our commission fees and the cost of additional extras, all refunds are made for and on behalf of the owner.
6.9 The prices of un-booked properties may be changed at any time. The price of the Holiday Let will be confirmed in the Booking Confirmation. Please check the price and all other details after you receive the Booking Form and let us know as soon as possible if you have any questions.
6.10 If the property is being rented on a reduced occupancy basis, this will be explicitly mentioned in the Booking Confirmation. Any reduction in the price because of reduced occupancy will be reflected in the total price as stated in the Booking Confirmation. Prices for the Holiday Property will otherwise be for the Holiday Property as a whole and are not linked to the size of your party. No compensation is payable if any member of your party does not occupy the Holiday Property.
7. Cancellation by us
7.1 We do not expect to have to make any changes to your Holiday Let. Sometimes problems do occur however and we (as agents for the owner) reserve the right to cancel the Holiday Let where circumstances cause the Holiday Property to become unavailable or uninhabitable during the Holiday Period. In such circumstances we (on behalf of the owner) will refund all monies you have paid to us in relation to the Holiday Let.
8. Cancellation by you
8.1 If you are forced to cancel the holiday booking due to unforeseen circumstances you must inform us of any cancellation immediately in writing by recorded delivery or by email. If we have not responded within 24 hours then please call us on 01539 623208.
8.2 The deposit is non-refundable. If your cancellation is made less than 30 days prior to arrival then you will be charged the full rate. We will endeavour to re-sell the dates. If this is possible, then we will refund any money due, minus administration costs. If we are unable to resell the dates at the full rate which you have initially paid, then we will only refund you part of what we receive from the new booking. You are strongly advised to take out appropriate cancellation and travel insurance for your holiday
8.3 If you voluntarily leave the Holiday Property before the end date of the Holiday Period, no refund will be given in respect of the portion of the Holiday Period when you do no not occupy the Holiday Property.
9. Early Termination
9.1 This Holiday Let may be terminated before the end of the Holiday Period by the owner or us (as agent for the owner) directly giving you notice of termination in the event of you or a member of your party being in serious breach of these Terms and Conditions. The Holiday Let may also be
terminated by reason of fire or other event which renders the Holiday Property uninhabitable.
10. Unreasonable Behaviour
10.1 The owners and or we can refuse to allow access to the Holiday Property if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests in neighbouring Holiday Properties, to members of staff or to neighbours, or if the owner reasonably believes that you or any member of your party will cause damage to the Holiday Property. If this happens, the contract between you and the owner will end and you will not receive any refund and neither we nor the owner will have any further liability to you.
10.2 We reserve the right to withhold any extras, including goods or services, in the event that either you or anyone in in your party is likely to cause offence, behave in an unreasonable manner towards any members of our staff, or act in a way which would jeopardise our premises license.
11. Complaints Procedure
11.1 You must inform the owners immediately if a problem arises during the Holiday Period and every effort will be made to rectify it as soon as possible so that you enjoy the rest of your holiday. In the event of breakdown of domestic appliances, plumbing, wiring, or any unforeseen occurrence or circumstance the owners will not be required to pay any compensation, expenses of any kind.
12. Keys
12.1 You must return the keys to the Holiday Property to us or, where applicable, leave the keys in a location that has been pre-agreed with us, on the Departure Date. If you lose a key, we will replace it for a fixed charge of £20.
13. Outgoings
13.1 Reasonable costs of electricity, gas and oil are included in the Holiday Cost. The owner reserves the right to charge you for any use of electricity, gas, oil or TV services that they reasonably believe to be excessive.
13.2 Fuel for open fires/stoves is not provided unless specifically advertised as being provided. If inappropriate fuel is used on an open fire or stove you will be liable for the cost of making good any damage. If you are in any doubt about how to use an open fire/stove or what fuel to use, you must first check with us.
13.3 You and your party must use the wifi and access to the internet fairly and appropriately. The internet access provided is intended for general personal use such as access to the world wide web, email, messaging, social media, light video / music / media streaming. It is not intended or ideally suited for heavy media streaming, online gaming, extensive downloads / uploads. Access to illegal activity or use of our network for illegal activity is prohibited and will be reported to local authorities.
14. Linen/Equipment/Housekeeping
14.1 We may leave some basic grocery items and cleaning materials such as washing up liquid, dishwasher tablets, washing powder etc. in the property, which will be available for you and your party to use during the Holiday Period. However, unless a prior agreement is made with us, we will not be obligated to provide or continue providing such items during your stay.
14.2 If you require the use of additional cots, camp-beds or high chairs for infants then you must notify us at the time of making the booking so that we can advise on the availability of these items. If you or your party request a cot, camp-bed or high chair after booking, then we will endeavour to meet your needs but cannot guarantee that we will be able to do so. You must provide all baby bedding and linen for cots, but bedding for camp beds will be provided by us.
14.3 Save for any baby linen, clean bed linen will be provided at the arrival of the Holiday Period. No change of bed linen will be provided except where the duration of the rental period exceeds a period of 7 days in which case a change of bed linen and towels and full clean of your
accommodation will be offered, to be provided midway through your stay with your prior agreement.
14.4 Additional cleaning and linen changes during the course of the Holiday Period will be subject to agreement on an individual basis. There may be extra charges for cleaning and linen/ towels depending on the frequency required for these services. If there will be additional charges, we will agree these charges with you before confirming that any extra cleaning services or linen changes will be provided.
14.5 In case of any failure of any domestic appliances and equipment, you must report the failure as soon as possible to allow attempts to repair such items wherever practicable.
15. Website Accuracy
15.1 We reserve the right to make alterations to our website at any time and you are advised to view the most up to date details of the Holiday Property on our website prior to booking.
16. Damage and Lost Property
16.1 You and the members of your party are responsible for taking care of the property during your stay. All equipment and contents must be left clean and tidy on departure (except linen/robes to be laundered). We reserve the right to charge you for any missing fixtures or fittings, excessive mess or any damage caused to the Holiday Property during the course of the Holiday Period by any member of the booking party. This includes breakages, spillages, stains, damage to furniture or fixtures and fittings. Any accidental damages should be reported as soon as possible in order to minimise damage and associated costs.
16.2 We will retain any items left at the Holiday Property for a period of 28 days following the Departure Date. Items left by you will be returned to you if requested, but there may be an additional charge to cover postage and packing. We do not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned.
17. Pets
17.1 Two well-behaved dogs will be allowed to stay in the Holiday Property but they must remain on the ground floor, be kept out of the bedrooms and off the furniture. Owners must ensure that they pick up after their dogs and that dogs are quiet, kept under control at all times and stay within the garden.
17.2 No other pets will be allowed to stay in the Holiday Property, without prior agreement from the owners, otherwise an additional cleaning charge may be made to you for any additional work required to render the Holiday Property habitable for any subsequent guests.
18. Parking
21.1 Parking will be provided to you and your party, but all vehicles are parked at the owner’s risk. Parked vehicles must not obstruct farm access.
19. Compensation
19.1 Neither us nor the owner can accept responsibility or pay any compensation where we are prevented from carrying out any obligation to you under these Terms due to events beyond our control, including the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage, adverse weather conditions, neighbouring building works, noise disturbance, burglary, criminal damage, riot, industrial action, natural disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services, epidemic, infestation by pests and/or similar situations beyond our control, either before the Arrival Date or during the Holiday Period.
19.2 Neither us not the owner shall be liable for death or any personal injury. No liability is accepted for any other damage, injury, loss, expense accidental or otherwise or inconvenience to you or any member of your party and/or your or their belongings, damage by or to any third party or for damage to any motor vehicle or its contents which may be suffered, incurred, arise out of or in any way connected with the Holiday Let. The terms of the Contracts (Rights of the Third party) Act 1999 shall not apply to this contract.
20. Weather
No liability is accepted by the owner or by us for access difficulties to the Holiday Property caused by weather conditions affecting access. you are strongly advised to seek the latest information relating to access prior to setting off on your journey.
21. Water/Utility Supply
21.1 Neither us nor the owners as agents can accept responsibility for water shortages caused as a result of drought conditions, emergency works by utility operator(s) (to include electricity, gas or Wi-Fi) or an act of omission of the relevant utility operator or any other cause outside the control of the owners or by us.
22. Refuse Collection
22.1 You are required to put refuse/recycling in the appropriate place to await collection in accordance with the instructions left at the Holiday Property. You are also required to return the bin to the appropriate location following collection.
23. Data Protection
23.1 Please see our Privacy Notice which is available on our website, and which explains how we process your personal data.
24. Promotion Code and Special Offer Terms and Conditions
24.1 Specific terms may apply to promotions and special offers.
24.2 Promotion codes or offers entitle you, at the time of ordering, to a saving on a new holiday.
24.3 We reserve the right to decline to accept bookings where, in our opinion, a promotion code is invalid for the booking being placed. Promotion codes or offers must be live at the time of making the booking, in order to be redeemed.
24.4 Promotion codes are only valid on specific holidays and may be withdrawn at any time.
24.5 Only one promotion code or offer can be used per booking. Promotion codes and offers are not valid in conjunction with any other promotions or offers.
24.6 We reserve the right to change these Terms and Conditions at any time.
25. Applicable Law
25.1 These Terms and Conditions are governed by English law.