WANSFELL HOLME BnB HOLIDAY COTTAGES - BOOKING TERMS & CONDITIONS
Please take the time to read these Booking Terms and Conditions, which describe our booking policies and clarify the contractual relationship between us.
1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Accommodation: the period of time for which We provide accommodation at the Property to You as set out in the Booking and agreed by Us;
1.1.2 Booking: your request for the Accommodation as made via our website booking form or over the phone;
1.1.3 Event Outside Our Control: is defined in clause 9.2;
1.1.4 Property: the property as defined within the Booking;
1.1.5 Property Specific Terms: specific restrictions applicable to a Property as provided to You by Us;
1.1.6 Terms: the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to you by Us; and
1.1.7 We/Our/Us: means David & Gillian Sutton, trading as Wansfell Holme BnB Holiday Cottages, a partnership whose address is Wansfell Holme, Windermere LA23 1LS (VAT registration number 804839419).
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply the Accommodation to you.
2.2 We act as Owner in providing the Booking accommodation.
2.3 The Property is only the property as detailed in the Booking and cannot be changed with any other property.
2.4 Please ensure that you read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.5 When you submit the Booking to Us, this does not mean We have accepted your order for Accommodation. Our acceptance of the Booking will take place as described in clause 2.6. If We are unable to supply you with the Accommodation, We will inform you of this in writing and We will not process the Booking.
2.6 These Terms will become binding on you and Us when We issue you with a written acceptance of a Booking, at which point a contract will come into existence between you and Us.
2.7 If any of these Terms conflict with any term of the Booking, the Booking will take priority.
2.8 We shall assign a reference number to the Booking and inform you of it when We confirm the Booking. Please quote the order number in all subsequent correspondence with Us relating to the Booking.
2.9 If you make a Booking over the phone then these Terms will apply to that Booking.
2.10 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You undertake not to allow that number to be exceeded.
2.11 You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless you notify us otherwise and we agree the same in advance). Your Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the cautionary deposit or otherwise) in the event that you have not left the Property by the agreed departure time.
2.12 Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.
2.13 Any activities that may be shown in our literature are outside our control and are not supplied by us. If you wish to carry out any activity at or near the Property, we strongly recommend that you research and book the activity with the relevant provider.
3. CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how We accept payment from you;
3.1.2 changes in relevant laws and regulatory requirements; or
3.1.3 if We have a valid commercial reason to do so.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
3.3 You may request a change to the Booking for Accommodation by contacting Us. Any such changes:
3.3.1 will only be permitted at Our sole discretion;
3.3.2 may incur a charge of £30 (including VAT);
3.4 Where a change in a Booking under 3.3 above would result in a change in the total price of the Accommodation, We will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.
3.5 If you wish to cancel a Booking before the start date for Accommodation, please see your right to do so in clause 10.
4. PROVIDING ACCOMMODATION & RESTRICTIONS
4.1 We will supply the Accommodation to you for the period set out in the Booking.
4.2 Access to the Property is subject to your adherence to the Property Specific Terms, where provided.
4.3 If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.
4.4 We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
4.5 If you do not pay Us for the Accommodation when you are supposed to, access to Accommodation will not be permitted. This does not affect Our right to charge you interest at the rate of 8% per year.
4.6 Pets are only permitted in the Property if specified within the Booking or Property Specific Terms (see also 14.8, Additional Pet Specific Terms & Conditions as detailed at the end of these Terms & Conditions))
4.7 Additional charges may be due in respect of pets – these will be notified to you in advance of the Booking.
4.8 Smoking is prohibited at the Property.
4.9 Broadband internet access is offered in our properties, but only on the basis We do not promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and We will not be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.
4.10 You shall take proper care of the Property and its contents during the Accommodation and may lose your Damage Deposit (as defined in clause 5) and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the beginning of the Accommodation.
4.11 If the Booking you have made relates to Accommodation which has Property Specific Terms, those Terms shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles Us to cancel the contract.
5. DAMAGE DEPOSIT
5.1 A Damage Deposit will be required to be paid by you in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenities provided at the Property).
5.2 We will inform you of the amount of the Damage Deposit to be paid, which must have been paid in cleared funds at least 7 days before the start of your Accommodation. We will endeavour to remind you of the same but it is your responsibility to ensure any requested deposit is paid to us before the start of the Accommodation.
5.3 If the deposit payment is not received in cleared funds at least 7 days before the start of the Accommodation We reserve the right to cancel the Accommodation and terminate this contract.
5.4 If you fail to pay the Damage Deposit in accordance with 5.3 or upon request and before the commencement of the Accommodation We will attempt to charge your card details (where provided) for the sum of the Damage Deposit amount which may be subject to a discretionary administrative charge of no more than £30 (including VAT) and you hereby authorise Us to do so.
5.5 We reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover Our reasonable costs if the Damage Deposit paid under this clause 5 is insufficient to repair or replace any damage caused to the Property or its contents during your Accommodation.
5.6 We will assess the Property after your Accommodation and will:
5.6.1 provide you with a refund of the deposit made under this clause 5; or
5.6.2 inform you of the amount to be retained; or
5.6.3 inform you of the amount to be further charged or a combination of any of the above at Our discretion.
5.7 If any proportion of the Damage Deposit is retained under this clause 5 and you dispute the charges, you must detail the basis of your dispute by writing to Us (by post the address at 1.1.7, or by email to Sutton_g2@sky.com) within 7 days of the dispute arising.
6. PRICE AND PAYMENT
6.1 The price of the Accommodation will be set out at the time you place your Booking and at the time We confirm your Booking.
6.2 Payment may be made by debit card, credit card, or bank transfer. Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement. Cheques may not be used for payment of any sums due under this agreement without our prior written approval.
6.3 Any bank or transfer charges shall be borne by you.
6.4 Payment may only be made in the currency as shown in the Booking.
6.5 VAT is chargeable, and is included in the sums given. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Accommodation in full before the change in the rate of VAT takes effect.
6.6 You must pay a minimum deposit of 30% of the total cost of the Accommodation at the time you place your Booking and the balance of the price at least 6 weeks before the start date for the Accommodation, unless the start date for the Accommodation is less than 6 weeks from the date of the Booking, in which case the full balance of the price must be paid at the time you place your Booking.
6.7 If you fail to pay the balance of the cost of your Accommodation upon request and before the commencement of the Accommodation We will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to a discretionary administrative charge of no more than £30 (including VAT) and you hereby authorise us to do so.
6.8 If you do not make any payment due to Us by the due date for payment, We may cancel your Accommodation and terminate this contract. In these circumstances, your rights to a refund are set out in clauses 9, 10 and 11.
6.9 You confirm that you are over the age of 18.
7. LEGAL RIGHTS
7.1 As a consumer, you have legal rights in relation to Accommodation not offered to you with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. OUR LIABILITY TO YOU
8.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.
8.2 We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact Us.
8.3 We do not exclude or limit in any way Our liability for:
8.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession);
8.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
8.3.5 defective products under the Consumer Protection Act 1987.
8.4 We have no responsibility or liability to you (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations,.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
9.3.1 Our obligations under these Terms will be suspended, to resume as soon as reasonably possible after the Event Outside Our Control is over.
9.3.2 You are not entitled to a refund for any period during which you cannot use the Accommodation.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 You may cancel a Booking for Accommodation up to 6 weeks before the start date for the Accommodation by contacting Us in writing with a copy of your invoice/booking confirmation. We will confirm your cancellation in writing to you.
10.2 If you cancel a Booking under clause 10.1, the deposit made at the time of placing the Booking will not be refunded to you. Any additional deposit will be refunded to you.
10.3 However, if you cancel a Booking for Accommodation under clause 10.1 and We have already started work on your Booking by that time, you will pay Us any costs We have reasonably incurred in starting to fulfil the Booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
10.4 Where you have cancelled a Booking because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control) or if We change these Terms under clause 3.1 and you elect to cancel the contract, you do not have to make any payment to Us.
10.5 If you cancel a Booking for Accommodation less than 6 weeks prior to the start date for the Accommodation we reserve the right to invoice You for an amount up to 100% of the cost for Accommodation as outlined in the Booking.
10.6 We will charge £30 (including VAT) if You cancel the Booking at any time prior to the start date of Accommodation.
10.7 Once We have begun to provide the Accommodation to you, you may only cancel the contract for Accommodation by giving Us written notice if:
10.7.1 We break this contract in any material way;
10.7.2 We are subject to insolvency proceedings;
10.7.3 We change these Terms under clause 3.1 and you elect to cancel the contract;
10.7.4 We are affected by an Event Outside Our Control.
11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 We may have to cancel a Booking before the start date for the Accommodation; for example, due to the unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptly contact you if this happens.
11.2 If We have to cancel a Booking under clause 11.1 and you have made any payment in advance for Accommodation that have not been provided to you, We will refund these amounts to you.
11.3 If, for any reason, we are unable to offer the Property to you for the duration of the Accommodation then we shall use reasonable endeavours to find suitable alternative accommodation for you.
11.4 If, under clause 11.3, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
11.5 We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if:
11.5.1 you do not pay Us when you are supposed to. This does not affect Our right to charge you interest at the rate of 8% per year; or
11.5.2 you break the contract in any other material way.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning 015394 32540, or 07747 111151
12.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by emailing Sutton_g2@sky.com or by post at Wansfell Holme, Windermere LA23 1LS. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in the Booking.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 We will use the personal information you provide to Us to:
13.1.1 provide the Accommodation;
13.1.2 provide additional services through third parties to you as requested within the Booking;
13.1.3 process your payment for Accommodation; and
13.1.4 inform you about similar products or services that We provide. You may stop receiving these at any time by contacting Us.
13.2 We will not give your personal data to any third party unless you have requested additional services to be provided during your Accommodation, in which case the parties providing those services will be provided with your personal data, where necessary.
14. OTHER IMPORTANT TERMS
14.1 Our website www.wansfellholme.co.uk contains further information & a ‘house manual’ which may be required to enjoy your stay, together with recommendations for things to do and places to visit..
14.2 We may transfer Our rights and obligations under these Terms to another individual, but this will not affect your rights or Our obligations under these Terms.
14.3 This contract is between you and Us.
14.4 Except as otherwise outlined in this agreement, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Booking may enjoy the Accommodation.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.7 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. Thank you for taking the time to read through the Terms and Conditions.
14.8 Additional Pet Specific Terms & Conditions
14.8.1. We are happy for well trained family dogs to holiday with you, but please note that there are no specific property modifications that have taken place to accommodate pets.
14.8.2. If, exceptionally, you wish to holiday with a pet other than a dog, you will need to contact us for specific consent to do so.
14.8.3. An additional accommodation charge is applicable for bookings that include dogs and/or other pets. This additional charge will be clearly detailed against your booking and the fee is payable prior to your arrival at the property.
14.8.4. Please do not leave your pets alone or unsupervised in the property at any time during your stay.
14.8.5. Pets are not permitted anywhere upstairs or on the furniture at any time.
14.8.6. For the safety and comfort of your dog/pet we request that owners exercise due diligence at all times, especially where the property is located near a road/livestock. We do not accept any responsibility for the safety of your pet.
14.8.7. We request that you bring your own pet provisions, including bedding.
14.8.8. Pets should be cleaned and fully dried off before entering the property after being outside.
14.8.9. In the interests of hygiene, health and safety and out of consideration for others it is important that you clean-up after your pet and dispose of any mess in a sanitary and responsible manner.
14.8.10. You are responsible for any damage caused by your pet, whether inside or outside the property. If extra cleaning is required as a result of a Client having pets in the property, this may be deducted from your Damage Deposit.
