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Terms and conditions

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IMPORTANT The terms and conditions which are set out below are those which are incorporated into any booking made as a result of an offer sent out today. They are subject to periodic review and amendment and the terms and conditions which govern any particular booking which may be made will be those set out on the reverse of the booking details as sent to the party organiser and accepted by them.

Terms and conditions

1 These terms and conditions

These terms and conditions set out matters agreed between the person identified as the organiser in the booking details ("Organiser") for himself and as agent for the people whom he warrants in the manner described herein have appointed him their agent in that respect and White Lodge Farm Cottages LLP (Company number OC387823) or anyone to whom its interest in the Booking (as defined below) are from time to time transferred ("the Proprietor").

2 Definitions etc

In these terms and conditions the following words have the following meanings:

Accommodation
the building (or that part of a building) so described in the Booking Details (or any substitute agreed between Us and the Organiser) and its dedicated outdoor area
Accommodation Price
the amount so described in the Booking Details
Arrival Date
the date so described in the Booking Details
Arrival Time
that time so described in the Booking Details
Associated Property
land, premises, or other buildings and everything on or in them in respect of which We or any of Our Associates may at any time, past, present or future, have any rights, obligations, responsibilities or liabilities
Booking
as described in section 3 below
Booking Details
the document identified as such and issued by Us or Our Agents to the Organiser (as amended from time to time as agreed in writing by Us and the Organiser)
Booking Period
the period from the Arrival Time to the Departure Time
Departure Date
the date so described in the Booking Details
Departure Time
that time so described in the Booking Details
Deposit
the amount described as such in the Booking Details
Due Date
that day 7 days after the Booking Details are despatched to the Organiser if the Booking Details are sent less than 64 days before the Arrival Date, and otherwise in the case of the Deposit that day 7 days after their despatch to the Organiser and in the case of the Accommodation Price, the Security Deposit and the Extras, that day 56 days before the Arrival Date
Extras
amounts other than the Accommodation Price payable for goods or services requested from Us by You or any other Party Member
Fixtures and Fittings
anything, other than the Accommodation and the Associated Property, wherever situated, use of which is provided by Us in connection with the Booking
Guests
every person (whatever their age) named and/or referred to in the 'Guests' section of the Booking Details
Hirer
every Guest who at any time at which they are aged 18 or over and every other person when aged 18 or over who We or Our Agents agree in writing will be a Hirer
Our Agents
Nicola Berry-Glynn and/or Joe Berry-Glynn or anyone else whom We have appointed to accept bookings (and/or payment therefor) as our agent
Our Associates
Nicola Berry-Glynn and/or Joe Berry-Glynn, whether acting as Our servant, agent, officer or in any other capacity, and anyone else acting as Our servant or agent
Party
the Organiser, each other Hirer and anyone else named or referred to in the Bookings Details (except the Proprietor) and anyone else (except Us or Our Associates) who, with the knowledge or consent of any Hirer, enters or approaches the Accommodation or any Associated Property, unless such visit or approach is wholly unconnected with the Booking and each person who is a Party Member is referred to in these terms and conditions as a Party Member
Security Deposit
the amount so described in the Booking Details

and We, Us and Our refer to the Proprietor and You and Your refer to the Organiser for themselves and as the agent of each person whom they warrant under these terms and conditions has appointed them their agent and where a reference to You or Your is in respect of a liability of the person referred to by those terms such liability will be joint and several

In these terms and conditions the headings are for ease of reference only and are not part of the terms and conditions.

3 The Booking

A Booking will be made when We or Our Agents have received from You before the end of the period We have specified to You for their receipt:

  • a copy of the Booking Details signed by You; and
  • payment of the Deposit (or, if We or Our Agents have sent You the Booking Details less than 64 days before the Arrival Date, of the Accommodation Price, any Security Deposit and any Extras referred to in the Booking Details).

We can choose to extend the period but if We or Our Agents receive either the signed Booking Details or any payment then due after the end of the period originally specified a Booking will only be made if and when We or Our Agents send you written (including by email) confirmation that a Booking has been made.

A Booking will be subject to these terms and conditions but no contract will exist until a Booking is made.

4 Booking Details

By signing the Booking Details the person doing so warrants that:

  • they are the Organiser and at least 18 years of age
  • the Accommodation Price and any Extras will be paid, and the Security Deposit lodged on the Due Date
  • they are the duly appointed agent of each of the Hirers with power to agree on their behalf all matters in respect of the Booking including, but not limited to, acceptance of the obligations and the giving of undertakings and assurances of Hirers under these terms and conditions
  • that they are the parent or legal guardian of, or the duly appointed agent of the parent or legal guardian or other representative of, each Guest who is not a Hirer with power to agree on their behalf all matters in respect of the Booking, including, but not limited to the application of these terms and conditions to it
  • that, immediately upon such person obtaining legal capacity to appoint them their agent, they will, in respect of all matters relating to the Booking including, but not limited to the application of these terms and conditions to it, be appointed the agent of each Guest who was not a Hirer on the date that the Booking Form was signed by them
  • each person who will occupy the Accommodation at any time during the Booking Period at which that person is 18 or over is named in the Booking Details
  • that the date of birth of every person who will occupy the Accommodation at any time during the Booking Period who will be under 18 at any such time is in the Booking Details

and You

  • agree that any Booking will be subject to these terms and conditions
  • acknowledge that the Accommodation is to be occupied by each of the Guests for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and that any tenancy created by the Booking is not an assured tenancy and that no statutory periodic tenancy will arise when it ends
  • acknowledge that We may enter the Accommodation at any time, whether to clean, change bed linen, replace or repair damaged, missing or broken items, ensure the correct operation of any equipment or controls, inspect condition, check Your compliance with the terms of Your agreement with Us, or otherwise
  • will ensure that no Party Member uses the Accommodation or any Associated Property for any commercial, immoral or illegal purpose or commits any criminal offence whilst in the Accommodation or on any Associated Property
  • agree that no Hirer will assign such rights (if any) as he may have in respect of, or sublet, the Accommodation or any Associated Property
  • will ensure that each Party Member takes reasonable care of the Accommodation, the Fixtures and Fittings and the Associated Property and of all things which are the property of or for which Party Members are responsible
  • will ensure that no Party Member causes damage, loss, inconvenience or annoyance to Us, Our Associates, or to anyone else or to the property of Us, our Associates, any of Our other guests or any other Party Member
  • will ensure that, save as agreed by Us in writing, the Accommodation is not occupied by anyone over 17 who is not identified in the Booking Details or anyone under 18 who is not referred to in the Booking Details
  • will ensure that the Accommodation is vacated at or before the Departure Time and left in a clean and tidy condition and that all things brought into the Accommodation and/or the Associated Property by any Party Member are removed from them by the Departure Time.

5 Our responsibilities

We will, except in the exercise of Our rights under these terms and conditions:

  • use Our reasonable endeavours to ensure that the Hirers have use of the Accommodation (and such Fixtures and Fittings as We reasonably deem necessary for the Hirers to enjoy the Accommodation) throughout the Booking Period and the right to pass through such Associated Property as is strictly necessary for that purpose
  • ensure that the Accommodation is clean and tidy at the Arrival Time
  • provide, clean at the Arrival Time, a reasonable quantity (having regard to the number and age of the persons set out in the Booking Details) of crockery, cutlery, glasses, utensils, bed linen, towels, bedding, beds and other furniture for Use by the Hirers in connection with the Accommodation during the Booking Period
  • on every eighth day of the Booking Period and, subject to receipt of payment of Our usual charge in that respect, on every other occasion noted in the Booking Details, replace with clean such bed linen and towels provided by Us as shall then be in the Accommodation.

6 Safety etc

It is Your responsibility to:

  • ensure that all Party Members are made aware of, and comply with any reasonable written or oral instructions or requests given by Us or Our Associates which may contribute to the health, safety or welfare of Party Members or of anyone else
  • have a responsible Hirer, as soon as practicable following the Arrival Time (or such earlier time as We may grant access thereto to any Party Member), inspect the Accommodation and any part of the Associated Property which any Party Member will access in or immediatley following the Booking Period and familiarise themselves and the other Party Members with (a) means and routes of escape; (b) any actual and potential hazards; and (c) such steps as are reasonably necessary to avoid illness, injury or damage which may arise from any such hazards
  • ensure, so far as You are able, that We and Our Associates have access to the Accommodation from time to time on such notice, if any, as is reasonable in the circumstances to inspect the Accommodation, Fixtures and Fittings and Associated Property and to tend to their care, maintenance and upkeep and to otherwise enable Us to comply with Our obligations to Party Members and to Our other guests
  • ensure that no Party Member through action or failure to act exposes other Party Members, Us, Our Associates or anyone else who enters the Accommodation or Associated Property to risk of injury, death or illness or of damage to or loss of their property (including, without limitation, any animal belonging to Us or any of them or in Our or their care, custody or control)
  • promptly on any Hirer becoming aware of the same having occurred, notify Us of any and all damage to and losses from the Accommodation and/or the Fixtures and Fittings (however occurring and whether or not caused by a Party Member).

7 Delayed departure etc

If, without Our agreement, the Accommodation and the Associated Property have not been vacated by all Party Members by the Departure Time You will pay Us 10% of the daily equivalent of the Accommodation Price for each hour or part thereof between the Departure Time and the time at which they are so vacated.

8 Condition of the Accommodation and damage

You will advise Us (a) promptly if any Guest thinks or becomes aware that any part of the Accommodation or any Fixture and Fitting is damaged or mal-functioning; (b) on Your arrival if any item scheduled on any inventory is missing or has damage not noted to You on Your arrival or promptly on any Party Member becoming aware that any scheduled item goes missing thereafter; and (c) promptly of any loss or damage caused by a Party Member to any Associated Property.

If any Security Deposit is referred to in the Booking Details, You will ensure that at all times up to the end of the Booking Period We or Our Agents hold an amount in cash equal to the Security Deposit. We will procure that this is returned to You within 14 days following the Departure Date but We may make deductions from it in respect of any damage or loss suffered by Us which is caused by any Party Member or any animal in their ownership, custody, or control or in respect of any payment for which any Hirer otherwise remains liable to Us at the time it is otherwise due for repayment. Insofar as such damage or loss or payment is not so recovered You will have the shortfall paid to Us within 14 days of Us notifying You of the damage, loss or payment, the same being recoverable by Us from You. Repayment of the Security Deposit in whole or in part will not affect Our ability to make a recovery in respect of any amount due to Us by any Party Member which is not recovered from the Security Deposit.

You agree, in recognition of the possible adverse impact on our business if we do not promptly source, obtain and install replacements for lost, damaged, defective or destroyed items or promptly repair damage to the Accommodation and/or Associated Property (so as to ensure that all other guests have proper enjoyment thereof in accordance with their expectations) and Us granting to You the rights under the following paragraph, that We will be entitled to recover, by way of liquidated damages the full replacement (ie new for old) or repair cost of things which are damaged or lost where the damage or loss suffered by Us is caused by any Party Member or any animal in their ownership, custody, or control or is damage or loss for which any Hirer is otherwise liable to Us.

If We choose to replace an item for which We have been paid the full replacement cost in accordance with these terms and conditions You may, if You pay Us in advance for any packing and shipping costs, request us in writing within 7 days of the Departure Date to have that item delivered at Your risk to the address of the Organiser on the Booking Details or, if that address is not on the UK mainland, an address there chosen by You.

If You first reimburse Us for the damage or loss (or immediately re-instate the amount of the Security Deposit if reimbursement is secured from it) to any Fixtures and Fittings We will use Our reasonable endeavours to repair or replace such Fixtures and Fittings during the Booking Period unless we reasonably believe that damage to or loss of any replacement will be caused by a Party Member.

9 VAT

If any sum which you are notified is due by You to Us or Our Agents is chargeable to VAT at a rate which exceeds 20% and/or is subject to any other tax, You will pay Us or Our Agents on the same day as the sum is itself due an additional amount equal to the difference between 20% of the amount chargeable to VAT and the higher rate applied to the amount chargeable to VAT and/or for any such other tax as is properly payable.

10 Cancellation and termination

You may cancel or curtail the Booking by giving Us notice in writing to Our address shown on the Booking Details or, in the case of notice to be given by You after the Arrival Time, by giving notice orally to either of our Associates.

If You cancel or curtail the Booking at least 56 days before the Arrival Date we will refund to You all cleared amounts that You have paid to us in respect of the Booking less a 25 administration fee. If you cancel or curtail the Booking less than 56 days before the Arrival Date You will, if We so require, pay to us a 25 administration fee and, by way of compensation, a sum equivalent to a proportion of the Accommodation Price ("Cancellation Compensation") as follows:

Cancellation or curtailmentCancellation Compensation equal to
More than 28 but less than 56 days before the Arrival Date30% of Accommodation Price
More than 14 but less than 29 days before the Arrival Date75% of Accommodation Price
More than 1 but less than 15 days before the Arrival Date90% of Accommodation Price
On or after the Arrival Date100%

which We may recover from You, including out of amounts previously received by Us or Our Agents from You in respect of the Booking, including any Security Deposit, but We will refund to You:

  • any amount You have paid to Us in excess of the amount of the Cancellation Compensation and
  • if You cancel the Booking and We re-let the Accommodation for all or part of the Booking Period, an amount equal to the lower of the sum received by Us by way of payment of the Basic Price for the Booking Period as a result of the re-let and any amount paid by You by way of Cancellation Compensation.

We may treat the Booking as having been cancelled by You (and no refund will be due) at any time after:

  • midnight on its Due Date if any sum due by You to Us has not been paid by that time
  • a cheque tendered in settlement of any amount due under these terms and conditions is not honoured on its first presentation or any sum paid over is reclaimed
  • noon on the day following the Arrival Date if no Hirer has occupied the Accommodation by that time and We have not agreed with a later time of arrival with You.

We may cancel or curtail the Booking at any time if, without Our consent, anyone other than Guests or more pets than are specified on the Booking Details occupy or attempt to occupy the Accommodation or any activity is undertaken in the Accommodation or any Associated Property or in their vicinity by any member of the Party which, in Our reasonable opinion, has caused or may cause loss, damage or disturbance or if You are in breach of Your obligations under paragraph 6 or 12 or in respect of the Security Deposit. On a cancellation or termination by Us of the Booking in such circumstances no refund or compensation will be payable by Us.

We may also cancel or curtail the Booking on notice to You that is reasonable in the circumstances. In that case, subject to the provisions of the next paragraph, We will refund to You sums We have received from You by way of cleared funds in respect of the Booking, plus, if We cancel or curtail less than four weeks before the Arrival Date and You have paid the full amount of the Accommodation Price at the time of cancellation or curtailment, 10% of the Booking Price as compensation. You agree that your right to such refund and, if relevant, compensation, will be your only rights in respect of any cancellation or curtailment by Us in the circumstances described in this paragraph and You acknowledge that You waive any and all other rights in that respect.

If the Booking Period has commenced when We cancel or curtail the refund and compensation referred to in the preceding paragraph will be reduced pro rata for the number of days of the Booking Period that have then begun (calculated by reference to the Arrival Time). No compensation will be payable if We cancel or curtail due to circumstances beyond Our reasonable control (including, by way of example but not limitation, fire, flood, exceptional weather, epidemics, disease or other illness, human or animal, destruction of, or damage to, the Accommodation or any Associated Property or failure in the adequate supply of drinking water, electricity or fuel or of drainage).

11 Points of concern and rural life

We trust that Your stay will be enjoyable and trouble free. Anything which has reduced or may reduce the enjoyment which any Hirer expects to derive from the Booking it must be drawn to Our attention within 24 hours of You or the Hirer become aware of it.

You acknowledge that the Accommodation is not in a major conurbation; that there are no street lights or mains drainage; that the Accommodation is close to farmland; that, on occasions, agriculture can cause, for example, noise, dust and smells and that electricity and water supplies in a rural area tend to be subject to a greater degree of interruption and restrictions than in a conurbation.

12 Animals

We are required by law (and are happy) to accept bona fide assistance animals in the Accommodation, subject to this being noted on the Booking Form. By making a Booking You acknowledge that You are aware that animals may have been present in the Accommodation.

You agree that no animal will be left unattended in the Accommodation or on the Associated Property or permitted in bedrooms or on furniture or carpets and that an additional cleaning charge may be made for any excessive cleaning caused by any animal.

13 Liability etc

No provision of this agreement excludes or limits liability for fraud.

Any provision of this Agreement which purports to limit or exclude any liability is subject to the proviso that any such limitation or exclusion will be only the maximum limitation (if any) and/or exclusion (if any) permitted by law.

Neither We nor Our Associates are liable to any Guest or any other Party Member for any loss of or damage to any property which is owned by them or to any property for which they are responsible (including in either case any animal).

The aggregate of Our liability and that of Our Associates to the Hirers, the other members of the Party and their respective dependants, heirs and successors for any loss, liability or damage howsoever caused, whether in contract, tort (including negligence) or otherwise, arising out of, or in connection (however remote) with the Booking (including, without limitation, use of the Accommodation, access to the Accommodation and/or the Associated Property) will be limited to 120% of the Accommodation Price exclusive of any VAT or similar tax.

You agree not to bring any claim against Our Agents and others who are Our Associates, whether in contract, tort (including negligence) or otherwise, which is in any way connected, however remotely, with, arising out of, or in connection (however remote) with the Booking (including, without limitation in respect of the Accommodation, access to the Accommodation and/or the Associated Property).

Neither We nor any of Our Associates shall be liable to any Hirer or any other Party Member or any person associated with any of them for any consequential loss whether arising from negligence or otherwise.

Save where and only to the extent that liability is determined to rest with Us or any of Our Associates, You will indemnify Us and Our Associates in respect of claims made against any of Us or Our Associates, whether by any Hirer or any other Party Member or anyone else arising out of, or in connection (however remote) with the Booking (including, without limitation, use of the Accommodation, access to the Accommodation and/or the Associated Property) and/or Your conduct or that of any other Party Member or otherwise including, on a full indemnity basis, the cost of defending any such claims (whether through legal proceedings or otherwise).

14 Other matters

The agreement between You and Us is subject to English law and formed in Hingham, Norfolk. We may transfer our rights and/or obligations in respect of the Booking to someone else and following any such transfer any reference in these terms and conditions to We, Our, Us or the Proprietor will be deemed to include any such person.

You confirm that there is set out or referred to in the Booking Details every representation, undertaking or promise given by Us or Our Associates whether orally or in any brochure, advertisement or website or otherwise on which You have placed reliance in making your Booking and You agree that if in making the Booking You have relied on any statement made in the Booking Details or such description which is untrue Your only remedy shall be for breach of contract and subject to these terms and conditions.

Nothing in these terms and conditions confers any right on any person pursuant to the Contracts (Rights of Third Parties) Act 1999 except that each of Our Associates will have the right to enforce these terms and conditions in those respects in which they are referred to herein (although We may vary or rescind these terms and conditions without the consent of any of Our Associates).

If any term of these terms and conditions is found by any Court or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed and shall be ineffective, but without affecting any other provision of these terms and conditions which shall remain in full force and effect.

IMPORTANT The terms and conditions which are set out above are those which are incorporated into any booking made as a result of an offer sent out by us today. They are subject to review and amendment and the terms and conditions which govern any particular booking which may be made with White Lodge Farm Cottages LLP are those set out on the reverse of the booking details as sent to the party organiser for acceptance and signed by them.

  


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