Stoneleigh Knowle Estate
Booking Terms and Conditions Revision 3.2 March 2019
‘The Owner’ means Rebecca Palmer or any agent acting at her request. ‘The Client’ means the person making The Booking. ‘The Accommodation’ means, The Cottages comprising The Stables, The Granary and The Mill and the gardens, buildings and equipment ancillary to these cottages at, Knowle Farm, Poundstock, BUDE, CORNWALL, EX23 0DZ. ‘The Premises’ means the entirety of the Stoneleigh Knowle Estate including all structures and outside spaces. ‘The Booking Form’ means the form, email or equivalent which sets out the parameters for The Booking and The Holiday . ‘The Holiday’ means the parameters as set out on The Booking Form.
‘The Booking’ means the agreement formed between The Client and The Owner that is put in place to enable The Holiday, the parameters of which are defined within The Booking Form. ‘The Down Payment’ means a non-refundable payment usually amounting to 20% of the cost of The Holiday. ‘The Balance Payment’ means the balance of money due to pay for The Holiday remaining after The Down Payment has been paid, it also includes any requested Security Deposit. ‘The Security Deposit’ is that money held by The Owner to offset any liability occasioned by The Client under these terms and conditions. ‘The Due Date’ unless stated otherwise at the time of booking, is 60 days prior to the start of The Holiday.
These Terms and Conditions shall form the basis of a contract between The Owner and The Client, this contract shall be deemed to have been made subject to English Law and the jurisdiction of the English Courts. The Client agrees that the contract is made at The Premises and that any proceedings between the parties shall be conducted in the County Court nearest to The Premises. The Owner reserves the right to amend these Terms and Conditions without prior notification to The Client. These Terms and Conditions shall apply to all bookings made ‘directly’ between The Client and The Owner including those where a third party or website has connected the two parties together and these terms are used within the booking process. In this case, where any inconsistency should arise between terms and conditions, these terms and conditions shall prevail, save for website payment and cancellation terms as specified in Clause 1 and 2. These Terms and Conditions shall not apply to bookings made via a third party where the third party’s own term and conditions are solely used to form the contract.
1.BOOKINGS and PAYMENTS
a)The Client confirms that they are over the age of 18, responsible , and are authorised by all adult members of their party to sign The Booking Form on their behalf so that they too shall be subject to these Terms and Conditions.
b)The Booking is provisional with no agreement formed until receipt of The Down Payment.
c)By paying The Down Payment, The Client is deemed to have signed The Booking Form and therefore agrees to all terms set out within these, or future, Terms and Conditions.
d) The Down Payment is accepted in part payment of the total payable in respect of The Booking.
The Balance Payment must be paid with funds cleared by The Due Date. It is The Client’s responsibility to meet this deadline. Payment can be accepted prior to this date. If The Balance Payment is not fully paid by The Due Date, The Owner reserves the right to cancel The Booking. In these circumstances the cancellation will be deemed to have been made by The Client and the provisions of Clause 2 shall apply.
e)The Owner reserves the right to refuse The Booking even after receipt of a Payment. In these instances, the Payment will be returned to the paying party in due course.
f)If The Booking is made within 60 days of the start of The Holiday then the date of making the booking is deemed to be The Due Date so The Down Payment, The Balance Payment and any requested Security Deposit are all due at the time of booking.
g) If requested, a Security Deposit is payable to The Owner, and is held to off-set losses, damage and additional cleaning charges if the property is left in an unsatisfactory condition. This Security Deposit, less any charges, will normally be refunded within 14 days of the end of the tenancy except in those cases where an estimate must be obtained for the cost of repairs or replacement. If The Booking has been made online through a booking portal, The Security Deposit will be returned under the terms of that portal.
h) On receipt of a request by The Owner , The Client agrees to pay immediately, any costs arising from but not limited to; alterations to The Booking, early arrival/late departure, ‘day rates’ for extra guests or payment due for liability occasioned by The Client or his party.
2.CANCELLATIONS AND ALTERATIONS TO THE BOOKING
a) Cancellations of The Holiday by The Client prior to 60 days before the start of The Holiday will result in loss of The Down Payment.
b)Cancellations made within the 60 days of the start of The Holiday will result in a loss of The Down Payment and The Balance Payment. Under these terms, The Client remains liable to pay The Balance Payment if they have not yet done so.
c)Whilst The Booking is accepted in good faith The Owner shall be entitled to terminate The Booking without notice to The Client. In this event, liability shall be limited to monies paid by The Client to The Owner in respect of The Booking. The Owner shall not be liable for any loss or damage resulting from such cancellation including non- refundable payments made to third parties
d)The Client can request alterations to The Booking up to 60 days prior to the start of The Holiday. The Owner will make every effort to accept these requests. Alterations might include a change in the number of guests, pets or a transfer to different Accommodation or dates. Dates may only be changed within the same UK tax year as the commencement date of The Holiday. If the alteration is accepted by The Owner, The Client undertakes to pay any costs arising as per Clause 1. including a £25 administration fee, any charges for extra guests, extra dogs, for extending dates or choosing a more expensive Holiday. If the transfer is for a shorter or lower priced holiday The Client undertakes to pay the £25 administration charge and the payments due in relation to The Booking will remain unchanged from the original Booking.
e) Alterations to The Holiday will not be accepted during the 60 days prior to the start of The Holiday or during The Holiday itself. Requests to extend The Holiday during this period will be treated as a new Booking.
a)The Property will be available to The Client and members of their party to be used solely for the purpose of a holiday within the meaning of Section 9 of The Rent Act, 1977 .The agreement is for The Holiday period and is not intended to create the relationship of landlord and tenant between The Client and The Owner. The Client shall not be entitled to a tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the agreement
b) The Client undertakes to adhere to the commencement and termination times of The Holiday as set out within The Booking Form, by not arriving early or departing late, unless agreed in writing with The Owner. Early arrivals at, or delays in vacating The Premises which has not been agreed in writing with The Owner may result in a fee of £50 per hour or part thereof, payable by The Client, under Clause 1.h.
c)Only people detailed on The Booking Form as sleeping at The Accommodation shall enter The Accommodation or The Premises unless agreed in writing with The Owner beforehand. Failure to uphold this clause will be viewed as breach of these terms and may result in The Owner invoking Clause 3.h .The Owner reserves the right to charge a ‘Day Rate’ for the entire Holiday period for any person not detailed on The Booking Form who is present at The Accommodation or The Premises. The ‘Day Rate’ shall be set at the higher rate of £50 per person per day, or any discount given in respect of partial occupancy of The Accommodation.
e)The number of pets shall not exceed that stated on The Booking Form unless prior written agreement is received from The Owner. A fee of £50 per extra pet per day for the duration of The Holiday may be charged under Clause 1.h.
f) The Client and their party shall not cause, or allow to be caused any nuisance or annoyance to any occupant of this or any neighbouring Premises.
g)The Client and their party must not do anything, or permit anything to be done that would or may result in the insurance of The Accommodation or The Premises becoming void or voidable or the premium on it being increased.
h)The Owner reserves the right to evict The Client and their party (without compensation being payable to The Client or any member of their party) if this is deemed necessary by The Owner. For example, should complaints be made of anti-social behaviour or unreasonable breakages or damage occurs or rules relating to smoking or pets are not observed or The Premises is being otherwise misused or there is deemed to be a material breach by The Client of the terms and conditions.
4.LIABILITY, DAMAGES, COMPLAINTS
a)The Client and members of their party are liable under these Terms and Conditions at all times during The Holiday period and whenever they are at The Premises, whether or not this falls within the time and date parameters set out on The Booking Form.
b)The Client takes full responsibility for all minors within their party
b)The Client takes full responsibility for any pets within their party and undertakes to adhere to the rules laid out in Clause 6 and to any set out at The Premises or Accommodation.
c)The Client accepts liability for any loss or damage to The Premises, The Accommodation or any of it’s contents, caused by any member of their party or any person or pet entering The Accommodation or The Premises with his/her consent or with the consent of any member of their party. The liability extends to damage caused by any vehicles or possession of the aforementioned and to any additional cleaning required because of their actions.
d)The Client agrees under Clause 1.h., to pay the full amount of any charges in relation to damage occasioned under Clause 4c. The Client’s liability is not limited to the amount of any Security Deposit.
e)Upon arrival The Client shall check that The Accommodation contents are in good working order and are complete according to the supplied inventory. Any discrepancies must be reported to The Owner within 24hrs of the commencement of The Holiday. The Client undertakes to keep The Accommodation and furniture, fixtures, fittings and effects in or at The Accommodation and The Premises in the same good state of repair and condition as at the commencement of The Holiday, and to leave The Accommodation in a clean and tidy condition at the end of the holiday. It is The Client’s responsibility to ensure that the contents of The Accommodation are complete and to report to The Owner any damages.
f)The Owner shall not be liable for any defect in or breakdown of any mechanical, electrical or any other item of equipment or goods at The Accommodation including The Accommodation itself but, shall upon receipt of notice of the same, use their best endeavours to effect repairs or replacement of any such item within a reasonable time. The Client shall not be entitled to any compensation whatsoever in respect thereof.
g)The Owner cannot be held responsible and has no liability for loss or damage to any belongings, or for illness or injury sustained by The Client , members of their party or their pets during their stay at The Accommodation or whilst on The Premises.
h)The Owner highlights that the property is deep within the countryside. The Owner shall not be liable for the appearance in The Accommodation or at The Premises of any pests including insects, vermin, rodents, wild animals or birds. It is The Client’s responsibility to inform The Owner of the presence of any such pests. Every reasonable endeavour shall be made by The Owner to limit or eradicate the same from within The Accommodation when notified of their presence.
i)The Client and the members of their party, will be deemed liable to all obligations under these Terms and Conditions whilst at The Premises, whether or not they are outside of the agreed period of The Holiday.
j)The Client shall be liable for and shall indemnify The Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by The Owner arising from The Client’s use or occupation of The Accommodation or use of The Premises which arise from any breach by The Client of his obligations under the agreement or from any negligence, illness or injury or wilful default of The Client and /or their party.
k)Despite the care and precautions taken, it is possible that The Client could have grounds for complaint. Any complaint should be taken up as is reasonably possible with The Owner and, in any event, before departure to allow remedial action to be taken. In no circumstances will compensation be made for complaints raised after The Client or any of their party have left The Accommodation including if this departure takes place before the end of The Holiday. The Owner’s liability shall be limited to the monies they have received in relation to The Booking.
The Owner cannot accept responsibility or liability for any alterations, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, geological activity, epidemics, acts of any government or public authority, or any other event outside their control including the provision of utilities.
a) Dogs or other pets are welcomed by prior written agreement with The Owner and at the appropriate charge.
b)The Client is wholly responsible for any damage caused by the pet.
c)The Client is responsible for ensuring the ‘pet rules’/ ‘dog rules’ are strictly obeyed. Failure to do so will be viewed as a wilful breach of contact.
d)Pets must be treated with an in-date flea and tick treatment.
e)Pets must be kept off all furniture and must not be allowed to scratch at doors, walls, furniture or paintwork
f)Pets are not allowed upstairs or into any bedroom.
g)Pets must not be left unattended within The Accommodation or at The Premises at any time.
h)Pets must be under full control and must not cause a nuisance of any kind.
i)Fouling must be cleared up immediately.
a)The Client undertakes to read the information and comply with the instructions found in the welcome/information folder and within The Accommodation and The Premises and with any information sent prior to their arrival or during their Holiday.
b)The Client undertakes to read and comply with the Fire safety assessment and any Fire Action Notices.
c)The Holiday price will include charges for reasonable domestic use of water and electricity for the party size relating to their Holiday. (there is no gas at the property). Unreasonable use will be treated as ‘damages’. Separate charges may apply for use of the tumble dryer and any fire wood provided.
d)The Owner reserves the right to enter The Property at all reasonable times, with or without workmen, for the purpose of inspection or to carry out any cleaning, repair or maintenance to The Accommodation or equipment.
e)The Owner reserves the right to alter The Accommodation, its contents, fixtures, fittings and furnishings and any advertised
facilities without any prior notice being given to The Client. No liability is entered by The Owner for any said change.
f)The Client is obliged to report to the police immediately any criminal act that they believe has taken place at The Premises during their Holiday.
g) Smoking is not permitted in The Accommodation or at The Premises.
h)The Owner recommends that The Client takes out appropriate insurance to cover their liabilities and obligations under these terms. This insurance should cover, but not be limited to, cancellation/ disruption cover, accidental/ medical cover, liability cover and insurance for their own possessions.
The failure of The Owner to enforce or exercise, at any time or for any period of time, any term of, or any right pursuant to this agreement does not constitute and shall not be construed as a waiver of such term or right.