Terms & Conditions for holiday accommodation
1.1 These terms and conditions form a legally binding agreement between you and the Owner for your holiday. You should ensure that you read and understand these terms and conditions before making your booking.
1.2 Where the Holidaymaker comprises of two or more persons, any obligation on such party in or arising under these terms is binding upon each person on a joint and several basis.
2 The Agreement
2.1 This Agreement is between the Holidaymaker and the Owner. The Holidaymaker, by booking the Holiday Home enters into a binding Agreement with the Owner. The Holidaymaker must be aged 21 years or older at the time of the booking.
2.2 This Agreement grants a licence by the Owner to the Holidaymaker for the purposes only of holiday accommodation and is not intended to create a relationship of landlord and tenant between the Owner and the Holidaymaker.
3 Booking and Payment
3.1 The Owner shall accept the booking once all the required booking details are provided by the Holidaymaker and payment has been made as per the payment terms.
3.2 If payment is not received in accordance with the third party payment terms, the Holiday Home will be re-let.
4 Cancellations
4.1 Where the Holidaymaker breaches the terms and conditions, any payments made will not be refunded.
4.3 Any additional charges such as pet fees, early check-in, late check-out, and linen package are non-refundable once paid for.
4.4 The Owner reserves the right to cancel the booking at any time due to unforeseen circumstances, in which case any payments made will be refunded to the Holidaymaker. This right is reserved for exceptional circumstances and the Owner will not be liable for any compensation or damages whatsoever for any loss or expenses incurred by the Holidaymaker in these circumstances.
5 COVID-19
5.1 The Holidaymaker must vacate the Holiday Home immediately and return home, should symptoms of Coronavirus occur during their stay. The Holidaymaker must also notify the Agent of the suspected Coronavirus so that the necessary steps can be taken to ensure the Holiday Home is safe for future guests.
5.2 The Agent is not liable for any compensation or refunds in the event of the Holidaymaker vacating the Holiday Home as a result of suspected Coronavirus.
6 Additional Charges and Pre-authorisation
6.1 The Holidaymaker must report any damage or breakages within the Holiday Home to the Owner on departure. The Owner reserves the right to charge the Holidaymaker for any damage, breakage, missing items, extra cleaning or other unusual or exceptional expenditure which is not deemed to be normal wear and tear, or if part of a booking for the Holiday Home, any damage caused by a pet.
6.2 If an Additional Damage Deposit was paid, this shall be used to cover the additional charges and where those charges exceed this amount, the Holidaymaker shall be responsible for the balance. If the Agent has cause to take recovery action where the Holidaymaker fails to pay the balance, an admin fee of £100 shall be added.
7 Pets
7.2 If pets are permitted, they should not be left unattended in the Holiday Home if they are likely to cause damage or injure themselves.
7.3 Banned dog breeds are not permitted at the holiday home.
7.4 Full responsibility of the pet lies with the Holidaymaker and this includes damage, causing a nuisance, clearing up after the pet and any third-party liability situations.
8 Party Size
8.1 The Owner permits the Holidaymaker and the Holidaymaker’s party, subject to the number of people stated in the Booking Confirmation, to occupy the Holiday Home for the Holiday Period.
8.2 The Holidaymaker certifies when completing the booking form that they are over 21 years of age and the Holidaymaker is authorised to agree to enter into this Agreement on behalf of all party members. There must be at least one person staying in the Holiday Home over the age of 21 years.
8.3 The maximum number of people in the Holiday Home (regardless of age) must not exceed the number of guests stated on the listing.
8.4 Visitors other than those included on the booking must not stay overnight in the Holiday Home without the prior knowledge of the Owner.
8.5 The Holiday Home is not to be used for the purposes of celebrations, hen or stag party, unless agreed by the Owner prior to the Booking Confirmation being issued.
9 Start Date and End Date
9.1 The Holiday Home shall be available for the Holidaymaker’s use from 1 pm on the Start Date up to and including 2 pm on the End Date, unless the owner has agreed to alternative times.
10 Description of Holiday Home and Facilities
10.1 The Owner shall ensure that the Holiday Home is fairly and accurately described, however, the Owner may make changes to the setup of the Holiday Home after publication of any advertising materials.
10.2 The Owner and Agent does not accept liability for any accidents resulting from the misuse of any equipment within the Holiday Home or the Facilities.
11 Holidaymaker’s Obligations
11.1 The Holidaymaker must: Allow the Owner or their authorised representatives to enter the Holiday Home if necessary for the purpose of inspection and any urgently required maintenance or repair works at all reasonable times, upon 24 hours’ notice being given, or in the case of an emergency without any such notice being given. The Owner or their authorised representatives shall endeavour to ensure that as little inconvenience is caused to the Holidaymaker as possible.
11.1.2 Keep the Holiday Home in the same state of repair and condition as at the Start Date and adhere to any rules applicable to the holiday home.
11.1.3 Not do anything which may cause a nuisance or annoyance to the Owner or neighbours.
11.1.4 Keep the property clear of any rubbish and ensure that rubbish is disposed of in the specified locations within the holiday home.
11.1.5 Refrain from smoking in the Holiday Home. Smoking is permitted outside in the gardens. The holiday maker must make sure that cigarettes are properly disposed of.
11.1.6 Not carry out or permit any acts to be carried out that would invalidate the Owner’s insurance policy for the Holiday Home.
11.1.7 Ensure that all children and permitted pets are supervised at all times.
11.1.8 If the Holidaymaker breaches any fundamental term of this Agreement, the Owner reserves the right to terminate the Agreement immediately and the Holidaymaker shall be required to vacate the Holiday Home immediately. Any costs incurred in enforcing this clause 11.1.8 shall be payable by the Holidaymaker
12 Owner’s Obligations
12.1 Subject to clause 11.1.1 the Owner agrees that the Holidaymaker can quietly enjoy and occupy the Holiday Home during the Holiday Period.
12.2 The Holiday Home shall be supplied with all duvets, pillows, towels and linen.
12.3 If the Holiday Home becomes unavailable for reasons beyond the control of the Agent or Owner before the Start Date all fees paid by the Holidaymaker will be refunded. In such circumstances, the Holidaymaker shall have no additional or further claim against the Owner or Agent.
13 Utilities
13.1 Gas, water and electricity charges are included in the fee.
14 Contents of Holiday Home
14.1 The contents of the Holiday Home may be subject to change compared to the listing description and photographs.
15 Smoking
15.1 Smoking is not permitted inside the Holiday Home at any time. Smoking outside must be exercised with caution for the risk of fire and the Holidaymaker should use the appropriate receptacles for waste.
17 Health and Safety
17.1 All Holidaymakers must take care when entering and exiting the Holiday Home, especially if using steps and decking.
17.2 The Holidaymakers must not remove batteries from any smoke and/or carbon monoxide alarms.
18 Liability
18.1 The Agent does not accept liability for any act of negligence or breach of statutory duty by the Owner or anyone representing or employed by the Owner.
18.2 The Owner shall not be responsible to the Holidaymaker for any loss or damage sustained during the Holiday Period that was unforeseeable. In respect of foreseeable loss, the liability of the Owner to the Holidaymaker shall be limited to the fee only.
18.3 Nothing in this Agreement affects liability for death or personal injury caused by the Owner’s negligence.
18.4 The Owner does not accept liability in respect of any damage to or loss of personal property suffered by the Holidaymaker. If a personal possession has been left behind after the End Date and has been found by the Agent, the item will be returned to the holidaymaker, who will pay the postal costs. The Owner accepts no responsibility for items reported lost which cannot be located.
19 Data Protection
19.1 The Owner will only use any personal information provided by the Holidaymaker for the purposes of making available and managing the Holiday Home.
19.2 The Owner shall ensure that all personal information is held securely and in accordance with its internal policies and as required by law.
19.3 The Owner shall only make contact with the Holidaymaker regarding bookings, or in the case of offers and promotion, where consent has been given.
20 Law and Jurisdiction
20.1 This Agreement shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Court. 21 Third Party Rights
21.1 Subject to the provisions of this Agreement, any person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
21.2 The Parties agree that the Owner shall be entitled to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
22 Severance
22.1 If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
23 Complaints
23.1 Any complaint by the Holidaymaker must be made immediately by telephone during the Holiday Period for the Owner to be able to deal with such complaint. Access must be permitted to allow this work to be carried out.
23.2 If the Holidaymaker wishes to make a complaint about anything connected with the hire of the property, they should contact the Owner as soon as reasonably possible prior to departure. Alternatively, the Holidaymaker should submit a complaint in writing within 7 days of the End Date, directly to the Owner. Where a complaint is received in writing, the Owner shall endeavour to reply within 14 working days. Please email info@newmoorfarmhouse.co.uk
23.3 Neither the Owner can accept responsibility for work taking place outside the boundary of the property, or for noise or nuisance resulting from third party activity over which the Owner have no control.