Terms & Conditions

We (“the Proprietors”) being Keith and Fiona believe your holiday should be fun and relaxing and we understand how reading ‘the small print’ does little to put anyone in the holiday mood! But please take  just a few minutes to read and understand the contractual relationship between you and ourselves as this will provide you with that all-important peace of mind both before you leave home and whilst you are staying at The Old Dairy, Monterey Pines or Willow Stump. If you would like any further advice or information please do not hesitate to contact us.

1. General

Customers renting a cottage from the Proprietors are referred to as “the Guest”. The contract to hire shall be between the Proprietors and the Guest. The Guest must make their booking on our Booking Form via our website and sent to the Proprietors. A binding contract exists when the deposit has been paid and confirmation of the booking sent to the Guest. 

2. Arrival and Departure

Occupation will be from 4pm on the first Saturday in 2017 [Friday in 2018] of the rental period and end at 10am on the Saturday[2017] or Friday[2018] of departure unless otherwise agreed with the Proprietors.
This period will be referred to as “the Holiday”.

3. Occupation

The Guest shall have the right to occupy the cottage for holiday
purposes only and for the agreed period only. The Guest may not allow
any person other than those named on the Booking Form unless by prior consent of the Proprietors.

4. Payment and Deposit

4.1 If a booking is made 8 weeks or more before the Holiday is due to
start a deposit of 25% of that rental period is payable. The balance is then due 8 weeks prior to the rental.                                              

4.2. If a booking is made less than 8 weeks before the Holiday is due
to start the full rent for that booking period must be paid at the time of booking.

5. Final Payment

5.1. Unless otherwise agreed by the Proprietors in writing, the price for
the Holiday shall be the rent set out at the time of the booking.

5.2. Subject to condition 10, as soon as the booking is received and accepted by the Proprietors the Guest is liable for payment of the balance of the rent.

5.3. Payment of the rent is payable to the Proprietors 8 weeks before the
start of the Holiday (the “Due Date”) and non-payment by the Due Date
may be treated as a cancellation.

5.4. The Proprietors shall not be responsible for sending reminders of
the Due Date. The Due Date shall be set out on the booking confirmation
provided by the Proprietors to the Guest when they book (“the Booking
Confirmation”).

6. Method of Payment

Payment may be made via PayPal, cheque or by electronic
bank transfer. Cheques should be
made payable to Mr K G Irving-Andrews and can only be accepted up to 4 weeks prior
to the Holiday. Post-dated cheques are not accepted. Any charges raised
against the Proprietors by their bank for handling dishonoured
cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse the Proprietors within 7 days of receipt of notification from the Proprietors.

7. Privacy Policy

The Proprietors do not store Guest’s financial details nor share any Guest details with any 3rd parties.

8. Overseas Bookings

Overseas guests may pay in Sterling by cheque drawn on a UK bank,
MasterCard/Visa card via PayPal or by international electronic transfer. Any
charges for payments from overseas will be passed on to the Guest.

9. Changing a Booking

The dates of the Holiday may be changed providing the cottage is
available for the new dates and the Proprietors accept the change. Any
change in rental price for the new dates will apply.

10. Booking Cancellation Policy

10.1 A booking can only be cancelled prior to the start of the Holiday.

10.2 A Guest who wishes to cancel the Holiday must notify the Proprietors
in writing (the “Cancellation Notice”); email is acceptable. The Cancellation Notice must be signed by the Guest or if sent by email bear the Guest’s name. The Cancellation Notice takes effect from the day that the written confirmation is received by the Proprietors. All cancellations will be subject to a £30 administrative charge (the “Administrative Fee”).

10.3 Cancellation Charges are as follows:

10.3.1. The Deposit : Where the Cancellation Notice is received after the Deposit has been paid and not less than 8 weeks prior to the Holiday, then the Deposit is forfeited.

10.3.2. 100% of the total Holiday cost: Where the Cancellation Notice is received after the balance is due and/or been paid and less than 8 weeks prior to the Holiday then the Guest shall be liable for the full cost of the booking.

10.3.3. Subject to the Administrative Fee, wherever possible the Proprietors will actively attempt to re-sell cancelled dates. If successful, subject to the limits above, the Proprietors will return to the Guest any monies paid less the difference between the cost of the cancelled booking and the replacement booking.

10.3.4. If the Proprietor is unable to sell any part of the cancelled period then all monies paid will be forfeited and for this reason the Proprietors strongly advise Guests to obtain their own holiday cancellation insurance.

10.3.5. The Proprietors shall not repay any monies due to the Guest as the result of a booking cancelled by the Guest until the whole of the cancelled period has been resold or the last day of that period is passed.  

10.3.6. The Proprietors agree to refund any monies due to the Guest within 14 days of the last day of the cancelled Holiday. Any refund due shall be issued by cheque.

11. The Holiday

The Guest has the right to occupy the designated cottage for a holiday only (within the meaning of Schedule 1, paragraph 9 of The Housing Act 1988).

12. The Guest’s obligations

The Guest agrees:

12.1. to pay for any losses or damages to the property caused by the Guest or a member or their party (reasonable wear and tear excluded),unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Proprietors;

12.2. to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. Should the Proprietors be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a further booking from the Guest in the future.

12.3. to provide the Proprietors reasonable access to the property;

12.4. not to part with possession of the property, or share it, except with those individuals shown on the Booking Form or any person who has been given consent by the Proprietors

12.5. not to sell or transfer the Holiday period to another party

12.6. not to exceed the total number of people stipulated in the property description without                                approval prior to arrival. 

12.7. not to smoke inside the property and otherwise only outside.

13. Liability

13.1. The Proprietors will not be liable for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the rental unless the Proprietor is responsible.

13.2. The Proprietors accept no liability for loss or damage to the Guest’s possessions on the Proprietor’s property or land.

13.3 Nothing in these conditions excludes or limits the liability of the Proprietors for death or personal injury caused by the Proprietors’ negligence or for any matter which it would be illegal for the Proprietors to exclude or attempt to exclude their liability.

14. Complaints

14.1. All complaints must be reported to the Proprietors as soon as reasonably practicable. Guests have a legal obligation to mitigate their own and the Proprietor’s loss; and

14.2 If the Proprietors are denied the opportunity of investigating a complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, the Guest will waive all rights.

15. Pets

We accept one well behaved large dog or two well behaved small dogs in The Old Dairy and one well behaved dog in Willow Stump on the strict understanding that the following conditions are met by the Guest:  

15.1  the dog must be flea treated prior to arrival;
15.2. the dog must be kept under control at all times and on a lead in the garden;
15.3. all droppings on and around the property are immediately disposed of in disposal bags;
15.4. muddy paws and sand are not acceptable indoors;
15.5. dogs are strictly NOT permitted in the bedrooms or on any furniture;
15.6. dogs are not to be left unsupervised or left on their own in the property;
15.7. dogs should be exercised off the premises;
15.8.bedding must be provided for the dog to sleep on;
15.9 crockery is not to be used as water/food containers for dogs. We provide dog bowls for food and water; and
 dog hairs must be vacuumed and swept up prior to the Guest’s departure.

16. Breach of Contract

16.1. If any of these conditions are breached by the Guest or any of their party, the Proprietors reserve the right to re-enter the property, end the Holiday and ask the Guest and their party to leave;

16.2. If any of these conditions are breached by the Proprietor then the Guests have the right to end the Holiday and leave; 

16.3. Ending the Holiday by either the Proprietor or the Guest does not affect that party’s rights and remedies.

17.  Swimming Pool,Games Room/Gym and Hot Tub

17.1. Use of the proprietors swimming pool[May to September] and games room/gym, all year round, is entirely complimentary and solely at the owners discretion and does not form part of The Booking Contract and are subject to separate conditions of use and availability.

17.2. The swimming pool, hot tub and games room/gym and the equipment therein is unsupervised and used at your own risk. Children must be supervised at all times. The Proprietor accepts no liability for any loss or injury

17.3. Use of these facilities is subject to weather conditions as well as cleaning and maintenance requirements. Individual pieces of equipment, the pool and hot tub are subject to possible unavailability due to damage/repair or substitution.

17.4. The swimming pool is open during daylight hours. The games room/gym is open between the hours of 10am and 7pm. Unless agreed otherwise in advance by the Proprietors. 

17.5. All notices displayed in these facilities must be read and adhered to. 

18. Discrepancies

 These Booking Conditions replace and supersede all previous Booking Conditions relating to properties and apply to and govern all bookings made from 1 August 2017

19. Validity Clauses

In the event a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be removed from the Booking Conditions and the remainder of the Booking Conditions will otherwise continue to be valid.

20.  Governing Law and Jurisdiction

These Booking Conditions and any dispute in relation to the Holiday will be governed by English Law and any dispute will be dealt with by the courts of England and Wales.

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