Terms and Conditions
1. AGREEMENT
1.1 These Terms and Conditions are presented on our website and attached to the confirmation invoice. The making of a booking will form an agreement on these Terms and Conditions between the Guest and the owner of the cottage/cottages for the holiday rental of the Accommodation.
1.2 The cottage owner permits the Guest to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.
2. BOOKING AND PAYMENT TERMS
2.1 The total price for your booking (the “ holiday price ” ), and the dates on which the holiday price is payable, will be set out in your confirmation
invoice.
2.2 Bookings are confirmed once receipt of the balance 1/3 of the total cost have been received, unless the holiday is within 10 weeks of the booking date then the total cost of the holiday is required to make the booking. The balance is due 8 weeks prior to arrival.
3. CANCELLATION
3.1 The cottage owners strongly recommends that Guests purchase holiday cancellation insurance, in order to protect against unavoidable eventualities preventing them from taking their holiday, such as serious illness, bereavement, loss of employment, weather conditions preventing travel etc. For this reason, the cottage owners offer an optional Booking Protect facility at time of booking. If uninsured Guests opt out of Booking Protect, they do so at their own risk and The Cottage Owners will make no refunds in the event of the Guest cancelling their booking, regardless of their reasons for doing so. Guests who purchase Booking Protect will be entitled to a full refund in the event of unavoidable cancellations such as those listed above, and to Guests who purchase Booking Protect the Cottage Owners furthermore offers in the event of elective cancellations (which would not be covered by cancellation insurance) a choice of either a) Loss of deposit else b) a full credit to future bookings subject to certain conditions, details of which are available on request.
If a Guest who has purchased Booking Protect wishes to cancel their booking for elective (i.e. avoidable) reasons, he or she must give The Cottage Owners notice in writing as soon as possible. Cancellation takes effect on the day we receive your written notification. If the cottage is rebooked we will reimburse yourselves to the value of the rebooking up to funds paid.
4. THE OWNER’S RIGHT TO REFUSE/ALTER
4.1 The Cottage Owners may, at its discretion, refuse any booking.
4.2 The Cottage Owners may cancel or alter arrangements made for the Guest whether before or during the holiday period provided that such cancellation or alteration is necessary:
4.2.1 due to circumstances beyond the reasonable control of The Cottage Owners ; or
4.2.2 to perform or complete essential remedial or refurbishment works.
4.2.3 If a booking is altered or cancelled by The Cottage Owners, it will take reasonable steps to offer a suitable alternative booking.
4.2.4 If The Cottage Owners is not able to offer such an alternative or the Guest does not accept the alternative offered, The Cottage Owners will return to the Guest the relevant proportion of the holiday price paid by the Guest to The Cottage Owners in respect of the Accommodation and will not otherwise be liable for any additional loss caused by such alteration or cancellation.
4.2.5 Update April 26th: If any booking made after this date is cancelled due to the COVID-19 epidemic, whether by the guest or by The Cottage Owners, the guest will be entitled to a 100% credit towards a future booking irrespective of s. 3 above if that does no suit a full refund will be
offered as. 4.2.4 above.
5. CHANGE OF BOOKING
5.1 Transferred bookings are not normally permitted e.g. a transfer from one cottage to another, a change in the Guest or a transfer from one date to another.
5.2 The Cottage Owners may, at its discretion, accept transferred bookings subject to payment of a fee of £35.00 (thirty-five pounds). However transferred bookings will not normally be accepted within one month of the Guest’s holiday, or from one calendar year to another.
6. OCCUPANCY & MAXIMUM NUMBER OF GUESTS
6.1 Occupation must be limited to the maximum number of persons for the Accommodation stated on The Cottage website, in the available beds only— no additional camp beds, tents, caravans or camper vans are allowed. The occupation limits are set in line with the level of services available in each cottage. To exceed the maximum number of persons in a cottage overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage.
6.2 As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).
6.3 The Agreement is personal to the Guest. The Guest must not use the Accommodation except for the purpose of a holiday by the Guest and the Guest’s party during the holiday period, and not for any other purpose or longer period.
6.4 The maximum occupancy of the Accommodation shall not be exceeded.
6.5 The Cottage Owners will however always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy (for example, a function or celebration).
6.6 If the Guest wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of The Cottage Owners. If permission is granted an additional charge may be made.
7. SERVICES
7.1 The holiday price will include all charges for water, gas, electricity, and oil.
8. LIABILITY AND LOSS OF GUEST PROPERTY
8.1 Any Guest ’ s property found at the Accommodation or on The Cottage Owners property will be subject to The Cottage Owners Policy.
8.2 Lost property will normally be disposed of if it is not collected within 6 months and The Cottage Owners may charge a reasonable administration fee to cover the costs of storage and handling of lost property.
8.3 The Cottage Owners will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
8.3.1 unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
8.3.2 where such loss or damage is not a reasonably foreseeable result of any such breach; or
8.3.3 where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, Flagstone Farm Cottages.
9. PETS
9.1 We do allow dogs in all the properties . We charge a fee of £20 per dog.
9.2 Please make sure that your dog is not left alone in the cottage for any period of time unless left in a dog cage.
9.3 Dogs are not allowed in the bedrooms or upstairs and are to be kept off all the furniture within the cottage.
9.4 Your dog must be on a lead at all times within the shared communal gardens of Flagstone Farm unless you are in your private cottage garden.
10. THE COTTAGE OWNERS RIGHT OF ENTRY
10.1 As with any Accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. The Cottage Owners and its contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external redecoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
10.2 The Cottage Owners will give the Guest reasonable notice of such requirements and aims to restrict the working hours of our contractors to between the hours of 09.00 — 17:00.
11. GUEST OBLIGATIONS
11.1 The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party. The Guest agrees to make his or her party aware of these Terms and Conditions.
11.2 The Guest agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
11.3 The Guest must allow The Cottage Owners and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
11.4 The Guest must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to The Cottage Owners or to any neighbours.
11.5 The Cottage Owners will not tolerate any verbal or physical abuse towards any of its staff or representatives.
11.6 Smoking is not permitted in any part of the Accommodation and the Guest and any member of his or her party agrees not to smoke inside the Accommodation.
11.7 The use of candles or fireworks by the Guest or his or her party at the Accommodation is strictly not permitted unless expressly agreed in writing with The Cottage Owners.
11.8 Guests must accept responsibility for their children ’ s safety.
12. DAMAGES AND SECURITY CHARGE
12.1 The Cottage Owners recommend that Guests hold personal insurance for accidental damage and personal liability.
12.2 If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to The Cottage Owners immediately otherwise it will be presumed that the damage/loss was caused by the Guest and a charge will be made.
12.3 In the case of accidental damage during the stay, the cost of damage repair will be deducted from the credit/debit card supplied to The Cottage Owners. The Cottage Owners reserves the right to take up to 21 days to evaluate the damage and undertake the necessary work required.
13. WATER SUPPLY
13.1 The Cottage Owners cannot accept responsibility for a shortage of water or a lack of electricity at the Accommodation where this is as a result of a drought, an act or omission of the relevant water or electricity supply company or for any other reason outside of The Cottage Owners’ reasonable control.
14. WEATHER
14.1 If the Accommodation becomes inaccessible due to bad weather The Cottage Owners will take reasonable steps to inform the Guest. However The Cottage Owners’ liability does not extend to weather related conditions that affect public roads.
15. COMMENTS/COMPLAINTS
15.1 Every reasonable care will be taken to ensure that the Accommodation is presented to Guests to a high standard. Should the Guest find on arrival that there is a problem or cause for complaint, the Guest should immediately contact the Office or Out Of Hours Number. Reasonable steps will then be taken to assist the Guest.
15.2 The Cottage Owners are committed to ensuring that any problems or complaints the Guest may have whilst at the Accommodation are resolved
efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify The Cottage Owners immediately or refusal of reasonable rectification may affect the Guest ’ s right to compensation.
15.3 Guests must provide a contact telephone number and suitable time for The Cottage Owners to communicate with them about problems or
complaints.
15.4 Guests must allow access to the Accommodation by any staff or contractors of The Cottage Owners to resolve problems or complaints.
15.5 If despite contacting The Cottage Owners the problem or complaint remains unresolved the Guest must contact the Office or Out Of Hours Number.
15.6 The Guest must not independently move to other Accommodation without first allowing The Cottage Owners the reasonable opportunity to assist in resolving the complaint or problem. If the Guest does so, or refuses reasonable rectification, the Guest may affect their rights to compensation.
15.7 Guests must formally confirm any unresolved complaint in writing; by telephone or by email to The Cottage Owners within 28 days of returning
from the holiday. Please contact: The Owners, Flagstone Farm, Upper Swell ,Cheltenham, GL54 1ER.
15.8 BThe Cottage Owners do not warrant and are not responsible for the accuracy of any verbal information given or statements made by any of its servants or agents.
16. ARRIVAL AND DEPARTURE TIMES
16.1 The Guest and his or her party must arrive after the arrival time (4.00pm on the first day of the holiday period) and depart before the departure time (10:00am on the last day of the holiday period).
16.2 Flagstone Farm Cottages especially recommends arrival before 7pm in winter months where access to rural Accommodation is often made more difficult
due to lack of local lighting.
16.3 Any stay that extends over this period may be subject to a charge being made for additional days.
16.4 The Guest will be issued with keys to the Accommodation on the first day of the holiday period and the Guest must return them on the last day of the holiday period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set of £ 30. The Cottage Owners reserve the right to take this charge on the debit/credit card supplied by the Guest.
17. RURAL WAY OF LIFE
17.1 Flagstone Farm is located in a rural area and any action by the Guest and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land belonging to The Owners, will constitute a breach of the Agreement by the Guest.
17.2 Bats and other wildlife may be present at some of our cottages. Any disturbance caused to the Guest should be reported immediately to the Office or Out Of Hours Number and reasonable steps will then be taken to assist the Guest. Bats are a protected species and it is illegal to interfere with them or their habitat.
18. RIGHT TO EVICT
18.1 The Cottage Owners may terminate the Agreement on notice and in such case the Guest and his or her party must leave the Accommodation (without compensation being payable to the Guest or any member of his or her party) if
18.1.1 this is deemed necessary by The Cottage Owners where there is a serious breach by the Guest of the Agreement or the Guest’s or his or her party’s behaviour endangers the safety of other Guests or members of staff;
18.1.2 or any complaints are made of anti-social, unacceptable behaviour or unreasonable breakages or damage or smoking restrictions are not observed.
19. GOVERNING LAW
19.1 The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.