The Cart House Holiday Cottage Terms & Conditions
Definitions used in these Booking Conditions.
“Booking” means Booking for The Cart House.
“Booking Conditions” means the terms and conditions of these Booking Conditions, including the General Notes.
“Booking Form” means the Booking Form supplied on the website.
“Contract” means the contract between YOU and the Proprietor for the Cart House as may be amended from time to time in writing between YOU and the Proprietor.
“Proprietor” means the owner of The Cart House and “we” and “our” relate to the Proprietor.
“Property” means The Cart House as advertised on the Website and any promotional leaflets, advertisements in periodicals and newspapers.
“Rental Fee” means the total fee for The Cart House on the website or as agreed in writing including rental, heating, lighting, gas, use of bed linen, towels, toiletries, and a welcome basket of groceries (and VAT if applicable) but excluding any charges for additional services provided by the Proprietor.
“Rental Period” means the period of time for which YOU wish to rent The Cart House as stated on the booking form or other written confirmation of the Booking from YOU.
“Website” means The Cart House website at www.https//www.axbridgeholidaycottage.co.uk
“YOU” means the person making the booking.
1. CONTRACT
1.1The Contract for renting The Cart House is between YOU and the Proprietor and it incorporates and is subject to these Booking Conditions.
1.2 By making a Booking you are deemed to have made an offer to enter into a Contract with the Proprietor for the letting of The Cart House in accordance with the Booking Conditions.
1.3The Booking will be deemed accepted and the Contract referable to the Booking will come into effect and be legally binding when the Proprietor issues a confirmation form to YOU pursuant to condition 2.5
2. BOOKING AND PAYMENT
2.1.YOU may make a booking by either:
• By contacting the Proprietor on 07740 934583
• Sending an e-mail giving details of your Booking requirements at val@axbridgeholidaycottage.co.uk
• Booking on line at: https//www.axbridgeholidaycottage.co.uk
2.2 If and when making your Booking, the start date of your proposed Rental Period is more than 8 weeks away, YOU must pay a deposit to the Proprietor. This deposit is one third of the Rental Fee. The balance of the Rental Fee is payable 8 weeks before the start of the Rental Period.
2.3 The entire Rental Fee is payable at the same time as your Booking if the Booking is made 8 weeks or less before the start of the Rental Period.
2.4 The Proprietor reserves the right to cancel your Booking at any time and retain the deposit if the balance is not received by the due date.
2.5 The Proprietor will issue a Booking Confirmation Form to YOU once you have either made a booking via direct telephone contact with the Proprietor or YOU have successfully completed the online booking process and in all cases all money due at the time of Booking have been received in cleared funds. YOU should check the Confirmation Form carefully and notify the Proprietor of any discrepancy or mistake.
2.6 The Proprietor may at any time before the issue of a confirmation form, accept bookings from other guests for The Cart House.
2.7 If The Cart House is unavailable for your selected Rental Period and the Proprietor is unable to accept the Booking for this or any other reason, the Proprietor will return all money received from YOU in full.
3. METHODS OF PAYMENT
3.1 YOU may pay by cheque, Paypal or direct into the Proprietor’s bank account via the Internet Banking process.
3.2 For Bookings made less than 3 weeks before the start of the Rental Period, no cheques will be accepted and payment must be made by cleared funds via BACS into the Proprietor’s bank account or via Paypal..
3.3 Cheques shall be made to Mrs Valerie R Isaac and sent to: 50 West Street, Axbridge, Somerset BS26 2AD.
4. CANCELLATION
4.1. If YOU cancel the accepted confirmed Booking for any reason, YOU must notify the Proprietor in writing at the address in clause 3.3.
4.2. A cancellation charge is payable depending on the number of days (or part thereof) before the Rental Period start date that the notice of cancellation is received by the Proprietor. The amount payable is set out below, where number of days refers to the number of days’ notice given at cancellation prior to Rental Period start date, and the Cancellation Charge refers to the percentage of the rental cost of The Cart House
No of days prior to the The Cost you will incur
Start of the Rental Period Booked. to cancel your Confirmed
Booking.
1 – 14 days 100% of the rental value
15 – 28 days 75% of the rental value
29 – 56 days 50% of the rental value
57 days or more Full deposit of the rental value
4.3. If The Cart House which YOU have booked and which has been accepted becomes unavailable or unusable for any reason prior to the start of the Rental Period, you will be reimbursed any sums received from YOU in respect of the Contract.
5. RENTAL PERIOD
5.1 The Rental Period commences unless otherwise notified, at 4.00pm on the day of arrival and terminates at 10.00am on the day of departure.
5.2. For a minimum of 2 nights at certain times of the year late departures may be available at the discretion of the Proprietor for a nominal fee.
5.3 If your stay extends beyond the period of hire, in condition 5.1 or such other period as expressly agreed in condition 5.2 you may be subject to a charge for the additional time based on the applicable daily rate.
6. CHANGES OF RENTAL PERIOD
6.1 The Proprietor will endeavour, but is under no obligation, to consider a request from you to change the Rental Period as expressly agreed after it has been confirmed and accepted if :
• The Cart House is available for the new period requested. Provided the request is for not more than 2 days, no administration fee is applicable.
• YOU pay an administration fee of £25.00 if the whole of the original rental period changes for more than 2 days, together with any sums due in respect of any higher prices for the new dates.
7. USE OF THE CART HOUSE
7.1 YOU agree that the number of guests staying in The Cart House will not exceed the maximum number stipulated on the website.
7.2. YOU agree that The Cart House will be used for personal and domestic purposes only.
7.3 YOU agree that The Cart House will not be used for any commercial purposes.
7.4 YOU agree that The Cart House will not be used for any activity or in such a way to cause a nuisance or annoyance to neighbours of The Cart House.
7.5 YOU and your guests will comply with any reasonable regulations relating to The Cart House or surrounding site within The Cart House, which will be communicated to YOU upon/prior to your arrival.
8. CARE OF THE PROPERTY
8.1 YOU agree to keep The Cart House and its contents in the same condition and repair as found on your arrival and shall procure that your guests shall also take such care and its contents.
8.2 If either YOU or your guests accompanying you, by act or omission causes damage to The Cart House and/or its contents, YOU agree to pay the Proprietor upon written demand, any reasonable costs incurred in making good any such loss or damage. (Please refer also to the Visitors Notes – Clause 2.3) and clause 12.3 of The Contract.
8.3 YOU shall abide by all instructions with regard to the use of The Cart House and its fixtures and fittings as notified by the Proprietor from time to time.
8.4 YOU must ensure that The Cart House is left in a clean and tidy condition on your departure at the end of the Rental Period. The Proprietor may charge YOU for reasonable costs of any additional cleaning if this is reasonably considered necessary.
8.5. The Proprietor does not accept any liability for any damage, loss or theft of personal belongings (including any vehicle parked within the curtilage of The Cart House).
9. PETS
9.1 Dogs or any other pets are not allowed in The Cart House.
9.2 Guests with allergies should be aware that the Proprietor cannot guarantee that there have been no dogs at The Cart House, nor (subject to 13.2) does the Proprietor accept any liability for any suffering which may occur as a result of such pets having been present.
10. RIGHT OF ENTRY
10.1 The Proprietor shall have the right of entry to The Cart House at all reasonable time, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out necessary repairs or maintenance.
10.2 If the Rental Period is longer than two weeks, then the Proprietor, with prior notification to YOU, will service The Cart House and refresh bed linen, towels, and toiletries.
11. RIGHT TO REFUSE BOOKINGS AND TO TERMINATE THE CONTRACT
11.1 The Proprietor reserve the right to refuse Bookings from (a) guests under the age of 21 (b) and/or hen or stag parties
11.2 YOU must inform the Proprietor at the time of booking if your guests fall into condition 11.1
11.3 The Proprietor reserve the right to terminate the Contract without prejudice to any rights and remedies accrued by the Proprietor or YOU which shall remain following termination and ask YOU and your guests to leave The Cart House immediately if it is deemed necessary by the Proprietor as a result of your behaviour or that of any of your guests or any other material breach of these Booking Conditions.
11.4 In the event that your Contract is terminated in accordance with condition 11.3 the Proprietor reserves the right not to refund to you any part of the Rental Fees in respect of the shortened Rental Period.
12. COMPLAINTS
12.1 Should there be any cause for complaint during your stay at The Cart House, YOU should notify the Proprietor promptly and describe the nature of the complaint. The Proprietor will use their best endeavours to resolve any complaints.
12.2 The Proprietor will be on call, whom you can contact in the event you have a problem with The Cart House. They will use their reasonable endeavours to resolve any issues.
12.3 If you wish to make a complaint after your Rental Period has ended, please do so to the Proprietor in writing within 7 working days of leaving The Cart House but note that compensation cannot be offered where a complaint has not been raised during your stay.
13. LIABILITY
13.1 Nothing in these Terms and Conditions shall limit or exclude the liability of The Proprietor for the death or personal injury resulting from its negligence or fraudulent misrepresentation or for any liability which cannot be excluded by law.
13.2 Subject to condition 13.1 all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the contract.
13.3 The Proprietor shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by YOU, or for any loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
13.4 Subject to condition 13.1 the aggregate liability of the Proprietor to YOU for breach of contract, misrepresentation, in tort or otherwise arising or in connection with the Contract shall be limited to damages not exceeding three times the total amount of the Rental Fee received from YOU.
14. FORCE MAJEURE
The Proprietor shall not be liable for any delay or non-performance of their obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond its reasonable control. The Proprietor shall, as soon as reasonably practicable upon it becoming aware of the same, notify YOU.
15. DATA PROTECTION
15.1 For the purposes of the Data Protection Act 1998, the Proprietor is the sole Data Controller of all personal data provided by YOU to the Proprietor. The processing of any personal data will be for the purposes of processing and administering your Booking.
15.2 The Proprietor will comply with the Data Protection Act 1998 and any directions issued by the Information Commissioner in the processing of such personal data.
15.3 YOU have the right under the Data Protection Act 1998 to obtain information the Proprietor holds about YOU. Should you have any queries regarding this right or your personal information please contact the Proprietor.
15.4 YOU agree that the Proprietor may process and store your personal details for its own administration, market analysis and operational reviews.
16. MISCELLANEOUS
16.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
16.2 YOU shall not, without the prior written consent of the Proprietor, assign or transfer, or deal in any other manner with all or any of your rights or obligations under this Contract.
16.3 A person (other than that of the Proprietor) who is not a party to this Contract shall not have any rights under or in connection with it.
16.4 The Contract shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
The Cart House
GENERAL NOTES
The Proprietor asks guests to bear in mind that the Cart House is over 100 years old and is Grade II Listed, consequently it lacks the facilities such as a ramp for wheel chairs or have toilet/shower facilities to accommodate those guests with physical mobility difficulties. Therefore, the Proprietor strongly advises you in order to assess the suitability of the Cart House to make contact with her in order to discuss any particular needs that you may have prior to booking.
COMPLAINTS
The Proprietor aim to ensure you have an enjoyable and comfortable stay at the Property. Unfortunately, things sometimes can go wrong while on holiday – these situations are always best resolved at the time.
Your contract is between YOU and the Proprietor, therefore in the event of a problem you should contact the Proprietor immediately to allow remedial action to be taken. However, please note any complaints raised after your holiday will not result in any form of compensation. The Cart House is a domestic home and the Proprietor does not always have access to 24 hour a day maintenance services.
GUEST DAMAGE
Any accidental damage or breakages should be reported if and when it happens. Repairs or replacement items can then be arranged in advance of the arrival of the next guests.
OTHER ISSUES
Building Works : The Proprietor cannot be held responsible for any buildings or road workings which may be carried out close to the property. Where the Proprietor is aware of any anticipated works, the Proprietor will endeavour to advise you in advance.
Location: The property is located in a village location and can experience from time to time animal noise, farm odours and occasionally from grass cutting or other farm machinery activities. Unfortunately, the Proprietor has no control over these matters and guests are requested to exercise understanding if and when these occur.
Special requests: Special requests may be made prior to your arrival and whilst every effort will be made to meet them, this cannot be guaranteed. Under no circumstances will requests accepted by the Proprietor form part of our contractual obligations. Unless agreed in writing by the Proprietor, the Proprietor does not accept liability for special requests that are not fulfilled.
WiFi: Please note that Internet access is offered at this property for recreational purposes only and is not meant for business use. Speed/service may vary depending on the package obtained by the Proprietor which is provided to guests free of charge. Should guests experience difficulties or loss of use the Proprietor will not be held responsible.
Withdrawal of Facilities: The Proprietor reserves the right to alter or withdraw amenities or facilities or any activities without prior notice, where reasonably necessary repairs, maintenance or weather conditions and circumstances prevail and which are beyond the control of the Proprietor.
The Proprietor reserves the right to update Booking Conditions from time to time. Any updates to the terms printed here will be reflected on our Website and included in the contract you receive.