Terms & conditions

We know that terms and conditions can be daunting, but we do have to ensure that you and our other guests have a pleasant stay in Acorn Cottage and this is our way of safeguarding our guests and the cottage. 

Acorn cottage, Oaks Lane Farm, Brockhurst, Ashover S45 0HR

Terms and Conditions of rental of holiday accommodation

1.         DEFINITIONS

1.1)     "Additional Fees" means any fees payable by the Guest other than the Rental Charge, including (but not limited to) fire wood, pet charges and produce purchased during your stay.

1.2)     "Booking" means the reservation of the Property by the Guest.

1.3)     "Booking Conditions" means these terms and conditions.

1.4)     "Deposit" means:

(a) 30% of the Rental Charge; or

(b) if the holiday is due to commence within six (6) weeks of the date of a Reservation Request, 100% of the Rental Charge

1.5)     "Guest" means the person or persons making the Booking.

1.6)     "Holiday Confirmation" means the confirmation of the Booking issued by the Property Owner to the Guest (by email and/or post) once the Initial Payment has been processed.

1.7)     "Initial Payment" means the payment of the Deposit and any applicable Additional Fees.

1.8)     "Property" means Acorn Cottage, Oaks Lane Farm, Oaks Lane, Brockhurst, Ashover S45 0HR.

1.9)     "Property Owner" means the owner of the Property.

1.10)   "Rental Charge" means the total rental charge payable in respect of the Booking.

1.11)   "Reservation Request" means a request to make a Booking in the form of a completed holiday booking form (whether submitted via the post, email, website or otherwise) or a telephone booking.

1.12)   "Short Break" means a holiday for a duration of less than seven nights.


2.         BOOKINGS AND PAYMENT

2.1)     Following receipt of a Reservation Request the Property Owner shall check the availability of the Property. If the Property is available for the Holiday, the Property Owner shall reserve the Property.

2.2)     Upon reservation of the Property in accordance with clause 2.1, the Guest must make the Initial Payment to the Property Owner, unless advised otherwise. If payment is not received within five (5) days, the reservation will be cancelled.

2.3)     Once the Initial Payment has been made and a Holiday Confirmation has been issued by the Property Owner, a legally binding contract shall exist between the Guest and the Property Owner pursuant to which the Property Owner will make the Property available for the period set out in the Booking.

2.4)     The contract shall be subject to these Booking Conditions and any other special conditions made known to the Guest at the time of the Booking.

2.5)     Upon receipt of cleared funds for the Initial Payment, the Property Owner will issue a Holiday Confirmation to complete the Booking.

2.6)     The balance of the Rental Charge (if any) must be paid by the Guest to the Property Owner no later than six (6) weeks prior to the commencement of the holiday (the Property Owner shall endeavour to inform the Guest of the due date at the time of the Booking).

2.7)     Where the Property Owner has not received the balance by the due date, an overdue reminder letter will be issued to the Guest and a charge of £10 will be added to the balance due. If the balance is not received within four (4) days of that reminder, the Property Owner reserves the right to treat the Booking as cancelled by the Guest and clause 4 shall apply and the Guest shall have no claim against the Property Owner for compensation or reimbursement whatsoever.

2.8)     The prices stated on the Property Owner’s website are cash prices in pounds sterling.   Any charges raised against the Property Owner by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Guest to the Property Owner within seven (7) days of the Property Owner’s request to do so.

2.9)     All payments must be made in pounds sterling.

2.10)   The Property Owner reserves the right to correct any error in advertised and/or confirmed prices.

 

3.         BOOKING DETAILS

Immediately upon receipt of the Holiday Confirmation from the Property Owner, the Guest should check the details and notify the Property Owner of any mistakes/errors made by the Property Owner as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Property Owner reserves the right  to charge a holiday booking amendment fee to administer/correct any error by the Guest.

 
4.         CANCELLATION BY THE GUEST

4.1)     The Guest should notify the Property Owner immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Property Owner has received written confirmation from the Guest. If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.

4.2)     No refunds will be given on the cancellation of a Booking by the Guest. The Guest should consider whether insurance cover is desirable.

 
5.         OTHER CANCELLATIONS

5.1)     In the event of the Property becoming unavailable for whatever reason, the Property Owner will endeavour to arrange alternative accommodation for the Guest of an equivalent type and standard in a similar location.

5.2)     The Property Owner is not liable for any costs associated with alternative accommodation, which must be paid by the Guest.

5.3)     Save as set out above, the Property Owner shall have no liability for the cancellation or alteration of a Booking.

6.         DESCRIPTION ACCURACY

6.1)     To the best of the Property Owner’s knowledge the details relating to the Property described in the the Property Owner's website or other websites or advertisements were correct at the time of publishing.

6.2)     Upon becoming aware of any material inaccuracies in any published description of the Property or material changes to the Property, the Property Owner shall endeavour to correct them in future publications and inform the Guest.

6.3)     The Property Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the description.

 
7.         INSURANCE

To minimise the financial risks associated with going on holiday it is strongly recommended that the Guest arranges travel insurance.

 
8.         RESPONSIBILITIES OF THE GUEST

8.1)     During the period of the holiday, the Guest (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Property Owner) as follows:

8.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;

8.1.2) that the Property will be used solely for the purpose of a holiday by the Guest and his party;

8.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);

8.1.4) to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;

8.1.5) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Guest's occupancy and for any consequential loss;

8.1.6) to report as soon as possible to the Property Owner (or his representative) any breakages or damage caused by the Guest during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Guest for repair or loss as a result of damage caused;

8.1.7) to arrive after 3 pm on the arrival day and to vacate the Property by 10 am on the day of departure unless prior arrangement has been agreed with the Property Owner and/or the Holiday Confirmation states otherwise;

8.1.8) not (without the express permission of the Property Owner) to allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and

8.1.9) to notify all other members of the Guest's party of these undertakings.

8.2)     In the event of a breach of any of the undertakings set out in clause 8.1 the Property Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the Holiday. In either case the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.


 

9.         PETS

9.1)     Pets are allowed at the Property by prior agreement with the Property Owner for an Additional Fee . If a Guest exceeds the stated number/size of pet, the Property Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the holiday. If this happens the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.

9.2)     The Guest is liable for all damage caused by his/her pets. The Guest should remove all traces (inside and out) from the Property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Guest's occupancy. The Guest must not allow pets on beds or furniture, or upstairs within the Property and pets must not be left alone in the Property at any time. If the Guest breaches this clause the Property Owner (or his representative) may notify the Guest of the breach and if the Guest continues to breach this clause the Property Owner (or his representative) may make the Guest leave the Property before the end of the Holiday. If this happens the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.

 
10.       LIABILITY

10.1)   The Guest's (and all other members of the Guest's party's) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.

10.2)   The Property Owner shall accept no liability to the Guest for any loss, damage or injury howsoever caused to the Guest or to the Guest's personal property (or to persons in the Guest's party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of the Property Owner.

10.3)   No representative, agent or sales person (whether employed by the Property Owner or not):

10.3.1) has authority to vary, amend or waive any of these Booking Conditions and no amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by Property Owner; and/or

10.3.2) has authority to make any verbal representations or provide additional information over and above information contained in the Property Owner’s website and advertisements. The Property Owner cannot accept responsibility and gives no warranty in respect of information or representations not contained in these Booking Conditions, the Property Owner’s website and advertisements.

 

11.       COMMUNICATION AND INFORMATION

11.1)   For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Property Owner, belong to the Property Owner and will not be disclosed to any third party except in connection with a Booking.

11.2)   Provided the Guest has not told the Property Owner otherwise, the Property Owner may use the Guest's personal information for marketing the Property Owner’s services.

11.3)   If the Guest or other individual wishes to be removed from the Property Owner’s marketing lists, they should contact the Property Owner by phone on 01246 591668 or by email at acorncottage@oakslanefarm.co.uk.

 
12.       COMPLAINTS

12.1)   In the unlikely event the Guest may have cause for dissatisfaction, the Guest should contact the Property Owner (or his representative ) as soon as possible. The Property Owner takes complaints from Guests seriously and will resolve them if at all possible.

12.4)   This clause 12 is without prejudice to any cause of action the Guest may have against the Property Owner.

 
13.       FORCE MAJEURE

No liability can be accepted and no compensation will be paid by the Property Owner, where the Guest or his personal property (and/or any person in the Guest's party and/or their personal property) suffers any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Property Owner are prevented or affected, by any event which the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Property Owner.

 
14.       LAW AND JURISDICTION

All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.

 

Jo Ferguson and Veronica Kemble

June 2012

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