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
1 General
The first named person in the holiday confirmation (“the Holidaymaker”) agrees to enter into a contract with the Owner of Clearwater Cottage, Brian and Marion Barnard (“the Owner”) on the following terms and conditions. The Holidaymaker is responsible for the payment of the full price of the holiday and for ensuring that all members of his party (“the Guests”) comply with all these conditions. The Holidaymaker must be aged 18 or over at the time when the holiday confirmation is issued by the Owner.
2 Payment
Bookings must be accompanied by the appropriate deposit. The Owner shall not be deemed to have accepted a booking until the holiday confirmation has been issued. All payments are to be made in £ sterling. Upon receipt of the holiday confirmation form, please check the details to make sure they are correct. Any corrections can be made up to 7 days from receipt of confirmation, but cannot be rectified beyond that date. The Owner reserves the right to treat a change of holiday dates that is made at the request of the Holidaymaker as a cancellation of one holiday and the booking of another, in which case condition 9 will apply.
The balance (including the damage deposit) must be paid not later than six weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Holidaymaker, in which case condition 9 shall apply. It is however the Owner’s normal practice to send one reminder before processing such cancellations.
If the Holiday Maker books the holiday less than six weeks from its commencement, the full cost of the holiday shall be payable together with the damage deposit.
Payments can be made by bank transfer, credit/debit card or cheque.
3 Arrival and Departure Time
Every effort will be made to have the property available from 16:00 hrs on the day of arrival. The property must be vacated by 10:00 on the day of departure. Late departure may result in an additional charge being made.
4 Damage/Breakage Deposit
The Holidaymaker should make every effort to keep the property, fixtures and fittings and all contents in the same state of repair and condition as at the start of the holiday. Any accidental damage or breakage should be reported to the Owner as soon as it occurs so that the Owner can arrange to replace/repair the item(s) in time for the arrival of the next guests. The Owner retains the right to make an additional charge for damage and breakages although it should be noted that minor breakages and reasonable wear and tear (in the opinion of the Owner) will not be charged
If there is cause for recompense, the Owner shall advise the Holidaymaker of the value of the damage/breakages which will be deducted from the damage deposit. If the damage exceeds the deposit then the Owner will seek additional recompense from the Holidaymaker.
If the Holidaymaker cancels the booking then the damage deposit will be returned in full.
The damage deposit less charges if any will be returned to the Holidaymaker within 10 working days of the end of the holiday.
5 Behaviour
The Holidaymaker and Guests agree: to behave in a way at all times while at the property which does not break any law; not to use the property for any illegal or commercial purpose; not to sublet the property or any part thereof or otherwise allow anyone to stay in it who was not notified to the Owner as being a Guest; not to behave in an anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others
The Owner can refuse to hand over the property if the Owner has reasonable cause to believe that the Holidaymaker and Guests will cause damage or loss to the property, its services or facilities. If this happens the contract will end and the Holidaymaker will not receive any refund and the Owner will not have any further responsibility to the Holidaymaker.
The Owner has the right to end a stay after the keys have been handed over, if the unreasonable behaviour of the Holidaymaker or his Guests (including anyone invited into the property by the Holidaymaker) is likely to spoil the enjoyment of other guests on the Estate or has broken or is likely to break any of the booking conditions. If this happens, the Holidaymaker and his Guests will have to leave the property immediately and no refund will be given. The Holidaymaker may also be responsible for any costs as a result of such behaviour.
6 Cleaning
The Holidaymaker is responsible for leaving the holiday accommodation in good order. Please note that the convention for UK holiday cottages differs from hotels and other countries in that guests are expected to leave the property in a similar state to which they find it (reasonable cleaning excepted). If additional cleaning is required beyond that which is reasonably expected the Holidaymaker will be informed and the additional cleaning costs taken out of the damage deposit.
7 Insurance
The Owner strongly recommends that the Holidaymaker takes out a holiday insurance policy which includes cancellation insurance covering sickness and unavoidable reasons for cancellation prior to his stay. If the Holidaymaker or his Guests wish to make use of the boats available to Clearwater Cottage they have to have in place insurance cover for such an activity with 3rd party insurance to a minimum value of £1m.
8 Cancellation by the Owner
In the unlikely event that, where a Holiday Maker is not in breach, it shall be necessary for the Owner to cancel the holiday accommodation for the period booked due to circumstances beyond their control e.g. damage, the Owner will inform the Holidaymaker as soon as possible and offer alternative dates if available. If the alternative dates offered are not acceptable to the Holidaymaker then the Owner shall refund in full all monies paid and shall not be under any other liability.
9 Cancellation by the Holidaymaker
Any cancellation made by the Holidaymaker (for whatever reason) shall be in writing by post or email, to the Owner at the address stated on the booking form. The effective date of cancellation is when the Owner receives written notification. Should the Holidaymaker cancel the booking more than six weeks prior to the commencement date of the holiday, the full deposit paid will be retained. Should the Holidaymaker cancel the booking six weeks or less before the commencement date of the holiday, the full cost of the holiday will be retained.
If the Holidaymaker needs to cancel the holiday, the Owner will endeavour to re-let the cottage for the Holidaymaker. If the Owner is successful in re-letting the cottage the Owner will refund the Holidaymaker the difference between the monies achieved from re-letting less (if appropriate) the money paid by the Holidaymaker less an administration charge of £50.00. The refund (if appropriate) will be made as soon as possible after banked money has been received by the Owner from the re-letting.
10 Number of People using the Holiday Accommodation
The number of people using the holiday accommodation shall not exceed 6. In the event that the maximum is exceeded the Owner will revoke the booking, which will be treated as a cancellation by the Holidaymaker and condition 9 will apply. All accommodation prices are for the property as a whole and are not on a per person basis.
11 Boating
Guests at Clearwater Cottage have access to the use of the boats stored at the cottage during the months of April to September on the condition that they are used solely on Somerford Lagoon and the Guests have appropriate activity insurance including third party insurance to a minimum value of £1m. The boats can be launched from a pontoon at the back of the cottage directly on to Somerford Lagoon. Life jackets must be worn and 4 are provided for Guests use. Any damage to the boats or loss or damage of paddles is the responsibility of the Holidaymaker who undertakes to reimburse the Owner for any such damage or loss.
You may bring your own non powered craft but you must ensure that all your craft carry third party insurance to a minimum of £1m. During the months of October to March guests can use their own crafts on Spinney and Clear Lake.
12 Right of Entry
The Owner or his/her representative is allowed to enter the property (without letting you know first if this is not practical or possible) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if you break any of the booking terms and conditions.
The Holidaymaker agrees to allow the Owner or their representative (including workmen) access to the property as required by this clause.
13 Pets/Smoking
Pets and smoking are not allowed in Clearwater Cottage. The Owner has the right to re-possess the property at any time if this condition is broken and in this event the Holiday will have deemed to be cancelled by the Holidaymaker and condition 9 shall apply.
14 The Lower Mill Estate
The Holidaymaker and his Guests agree to abide by the rules and regulations of the Lower Mill Estate, a copy of which will be available in the cottage or can be obtained in advance from The Owner. The Holidaymaker agrees to complete and sign the Guest Information and Code of Conduct form and to return these forms no later than 72 hours before the commencement of the holiday. Failure to do so may result in LME Security refusing entry to the Estate.
15 Miscellaneous
Whilst every care is taken to provide a true and accurate description of the property, over time, alterations are made and some things do change. The Holidaymaker accepts that no refunds are available for such discrepancies.
Provision of Wi-Fi is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure and not for business purposes. Bookings are not accepted if they are wholly reliant on the uninterrupted, unlimited provision of Wi-Fi. The average broadband speed is 2.7 Mb.
The Holidaymaker must ensure that all furniture etc. is put back to where it was at the beginning of the rental period.
Guests should not leave any items at the property and if left the Owner has the right to charge for the removal, return or disposal of such items
16 Complaints
In the unlikely event that the Holidaymaker has cause for complaint with the holiday accommodation, the Holidaymaker should contact the Owner as soon as reasonably possible so that the problem can be rectified during the Holidaymakers stay. It is a condition of booking that the Owner be given the opportunity to resolve or rectify any issues the Holidaymaker may have when the Holidaymaker first becomes aware of the complaint and this must be before departure. If you choose to not raise a complaint during your stay, we regret that we shall not be liable for complaints raised after the rental period has come to an end.
17 Death or Personal Injury
The Owner shall not be responsible for the death or personal injury to the Holidaymaker or any member of the Holidaymaker’s party save insofar as this results from proven negligence of themselves or their employees.
18 Liability
The Owner cannot accept responsibility for any material loss, damage, additional expenses or inconvenience directly or indirectly caused by or arising out of the property, its plumbing, electrical services or exceptional weather.
No responsibility is accepted for loss or damage of property, vehicles or vehicle contents belonging to the Holidaymaker or any member of the party during their occupancy.
The maximum liability accepted by the Owner will be the total cost of the holiday as paid by the Holidaymaker. No other expenses such as travelling costs or alternative accommodation will be accepted.
19 Force Majeure
The Owner shall not be liable for any loss, breach or delay due to any cause beyond the Owner’s reasonable control including though not limited to Act of God, Explosion, Flood, Tempest, War or Threat of War, Sabotage, Insurrection, Civil Disturbance or Requisition, Acts, Restrictions, Regulations, Bye-laws, Prohibitions or Measures of any kind on the part of any governmental, parliamentary or local authority, Embargos, Strikes, Lock-outs, or other Industrial Actions or Disputes. Under any such case the Owner shall be entitled to treat the contract as discharged.
20 Governing Law & Jurisdiction
Any dispute, claim or other matter which may arise in relation to a booking will be governed by English Law and the Holidaymaker agrees that any dispute will be dealt with exclusively by the courts of England & Wales
21 Headings
These conditions should be read and considered without reference to their headings, which are included for convenience only.