Orchard Cottage Terms & Conditions
Formation of the Contract & Definitions
1. The booking of Orchard Cottage Newtimber Place Lane BN6 9BU (“the Cottage”) is a legally binding contract for hiring the Cottage for the period specified on the booking summary (“ the holiday period”). You should only enter the contract if you have read these terms and conditions and agree to be bound by them.
2. The contract is between Andrew Clay ("the Owner") and the person who has submitted the booking form ("the Party Leader"). References to 'we' 'our' refer to the Owner and his wife and Agent(s) and references to 'you', 'your' refer to the Party Leader and his or her party.
3. The Party Leader must be over 18 years of age. Bookings from persons under this age cannot be accepted.
4. By making a booking, the Party Leader is making an offer. This offer creates a “provisional booking” but no contract is created until such time as:
a) The deposit (or, in the case of a booking less than 42 days before the start of the holiday, the full amount) has been paid by the Party Leader and received by us; AND
b) We have notified the Party Leader (by e-mail or otherwise in writing) that the booking is accepted.
5. Upon fulfilment of conditions (a) and (b) above, the contract will be formed and the booking will become a “confirmed booking”.
6. In the event that we do not accept the proposed booking, we will notify the Party Leader (by e-mail or otherwise in writing) and the Owner will refund in full to the Party Leader any monies (whether by way of deposit and/or the full amount) already paid by the Party Leader.
7. The Cottage is hired for a holiday only. No tenancy is created.
Payment Conditions:
8. At the time of booking, the Party Leader shall pay to the Owner a deposit representing 30% of the full cost of the holiday.
9. The balance shall be paid by the Party Leader to the Owner at least 6 weeks (42 days) prior the start of the holiday period. If the balance is not paid, it will be assumed that you wish to cancel your holiday and the booking will be treated as a cancellation by the Party Leader.
10. In the event that a booking is made less than 6 weeks before the selected start date, the full cost of the holiday shall be payable at the time of booking.
11. A Security Deposit of £120 is required on or before arrival, refundable within 10 days of departure if all in order. Any deductions would include breakages, damage, excess cleaning, loss of property and postage of any items left at the property. In the unlikely event that deductions are necessary, a full breakdown will be sent to you.
Cancellation by the Owner:
12. If, due to circumstances beyond the control of the Owner, the cottage becomes unavailable for hire prior to the commencement of the holiday period, the Owner has the right to cancel the contract. In such circumstances:
a) The Owner shall refund in full to the Party Leader any monies paid by the Party Leader; AND
b) You shall have no further claim for monies or compensation against the Owner.
Cancellation by the Party Leader
13) If you need to cancel your booking the Party Leader must contact us as soon as possible in writing. The booking deposit is non-refundable under any circumstances. However we will make every effort to re-let the Cottage once formal cancellation has been received and if the Cottage is relet at the same price the balance will be refunded to you. If we are only able to re-let at a reduced price (with the Party Leader's approval) the reduced balance will be refunded. If we are unable to re-let the full balance will remain payable by the Party Leader. It is STRONGLY RECOMMENDED that you to take out guest cancellation insurance against cancellation due to ill-health, bereavement etc as the above refund terms are non-negotiable.
Your Obligations:
14. You agree to be bound by the following specific obligations:
a) No Smoking: There is a strict no smoking policy at the Cottage.
b) No pets (except guide dogs) are permitted at the Cottage.
c) You shall not exceed the maximum number of people permitted to stay at the Cottage (maximum of 6 plus infant in a travel cot);
ii) You shall not share the Cottage with anyone not nominated on the booking form;
iii) You shall nor sublet the Cottage or assign the booking to anyone else.
15. If you don't comply with the above conditions (in clause 14), then the holiday contract will be cancelled immediately and you will forthwith vacate the Cottage and no refund or compensation will be payable to you.
Arrival & Departure:
16. Unless otherwise agreed in writing with us:
a) the Cottage will be ready for occupation from 3.00 pm onwards on the specified day of arrival;
b) You shall vacate the Cottage by 10.00 am on the specified day of departure.
17. On departure, you should leave the Cottage in a clean and tidy condition .
Loss & Damage:
18. The Owner shall not be liable to the Party Leader or any member of their party or visitors for any accident, loss or damage to such persons or their property howsoever caused.
19. It is accepted that accidents do occur and that there may be small breakages during the course of your stay. However, if there are large or unreasonable breakages or damage to the property or its contents the cost of these will need to be met by the holiday maker prior to departure. The Party Leader does need to report any breakage immediately so replacements can be made.
Access:
20. You shall permit us reasonable access during the holiday period to the Cottage:
a) to attend to any matter of complaint;
b) to attend to any repair or other maintenance;
c) to mow the lawn.
21 Services
The holiday price will include all charges for water, sewage, electricity, oil, towels, linen and fitted sheet and blanket for the travel cot.
If the telephone in the property is used, the Party Leader will reimburse the Owner the cost of the calls at the current BT rates. If you are going to be making expensive phone calls, you must let us know in advance as we reserve the right to enter the property and disconnect the phone if the cost of these calls is excessive and payment is not made immediately.
22 Right to Evict
We reserve the right to evict you (without compensation being payable to you) if this is deemed necessary by us; for example, should complaints be made of anti social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed or the Cottage is being otherwise misused or there is a material breach by you of the Agreement.
23 Comments/Complaints
Every reasonable care will be taken to make sure that you have an enjoyable holiday.. Should you find on arrival that there is a problem, or cause for complaint, you should immediately make this known to us so that it can be put right. We will not normally make any refunds in respect of complaints made after your departure from the Cottage if you did not make the complaint or the problem known to us during the holiday. A visitor’s book is available in the Cottage for comments on your holiday.
24. The Contract will be subject to British law and jurisdiction.