Terms & Conditions

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Terms & Conditions

1 Contract Terms & Commencement

This contract is made between you as the person signing the Booking Form (the Client) and us (Brook Farm Cottages) for the short-term holiday rental for the Cottage/s and period identified on our booking form. In signing our booking form you agree to be bound by this contract and these terms and conditions.

2 Booking & Rental

Bookings will only be accepted when made using our booking form, signed by you and accompanied by the required payment. Your booking and this contract only becomes valid and commences when a booking is confirmed by us to you (in writing) and any charges due at time of booking have been paid and the monies have been received by us.

As the authorised signatory you must be a named guest on the booking form and must be over eighteen years of age, with full authority to agree the booking conditions on behalf of all named guests for whom you agree to take full responsibility for the whole party whilst staying at the cottage/s.

We reserve the right to refuse to accept any booking and to refuse to admit any individual to the Cottage/s without explanation.

Once we have accepted your booking we will make all reasonable efforts to ensure that the cottage/s you have booked are clean, tidy and available for the sole and exclusive use of you and the other guests named on the booking form (your party) for the rental period, in accordance with the details of our written confirmation your booking. Unless otherwise agreed in writing the rental period starts at 1400 on your day of arrival (i.e. the first day of your booking) and ends at 1100 on your day of departure (i.e. the last day of your booking).

If, exceptionally, we cannot do so, i.e. due to emergency repairs, breakdown or unexpected cleaning, we will accommodate you in such other of our cottage/s as may be available and refund the difference if the tariff for the new cottage is less than the original one; if we cannot do so we will offer a full refund of any monies paid or accept a booking for an alternative time.

3 Use of the Holiday Cottage/s

The cottage/s must not be used for any purpose other than as holiday accommodation or in any way that is unlawful or causes disturbance to others. You agree to indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because of any unlawful and unauthorised use of the cottage/s.

4 Arrival and Departure

Your party should arrive between 1400 and 2000 on the day of arrival and depart before 1100 on the day of departure. In the event that the contract is terminated you must vacate the cottage/s immediately.

On departure the cottage/s should be left clean and tidy, with lights switched off and all windows and doors shut and locked. All keys should be deposited in the designated key box.

5 Occupancy

5.1 Numbers and Names of Guests

The number of persons occupying the property must not exceed the maximum number for each cottage as stipulated in the brochure or website, and is limited to those guests named on the booking form.

5.2 Children & Pets

Brook Farm Cottages are intended primarily for adult occupation, for their quiet, peaceful and relaxed enjoyment. We will consider accommodating children and pets on an individual basis strictly by prior arrangement; where there is no such prior agreement any children and/or pets will not be admitted to the cottage/s.

5.3 Special Needs

To help us make sure the accommodation is suitable for all members of your party please notify us at the time of booking if any members of the party have any special requirements, for example health or mobility difficulties.

5.4 Antisocial Behaviour

In the very unfortunate event that any member of your party conducts themselves in a way that negatively affects either us, other guests, our neighbours or our property, i.e. unruly, abusive, aggressive or destructive behaviour, we reserve the right to ask that individual or the whole party to leave. You agree that you will do so in such circumstances without refund of any charges paid.

5.5 Smoking

All cottages are strictly non-smoking. You and your party may smoke on the veranda or in the courtyard, provided this does not cause distress to anyone else or hazard to our property.

5.6 Personal Liability

You are responsible for the personal safety of you and the other guests in your party whilst on our premises and apart from our statutory obligations we explicitly exclude any liability for the safety of you or your party to the maximum extent permitted by law.

5.7 Personal Property

You accept that you are solely responsible for the care and safety of all your possessions while these are on our premises and you agree not to pursue us or our insurance for compensation in the event that it is lost, stolen or damaged, save where this is directly caused by us.

We cannot accept responsibility for any items left behind after your departure, and would advise you to contact Brook Farm Cottages immediately if you think you have left anything behind. We will notify you if we find something that we think belongs to your party. .Any unclaimed items will be disposed of after two weeks.

5.8 Right of Entry

We reserve the right of entry to the cottage/s at all reasonable times for purposes of inspection or to carry out any necessary repairs, maintenance and cleaning.

6 Property, Fixtures & Fittings

You are responsible for the cottage/s and all fixtures, fittings and other items contained therein for the duration of the rental period and until such time as you have returned the keys to us, and you undertake to leave these in the same state of repair and in the same clean and tidy condition at the end of the rental period as at the beginning. You agree that you are liable for any such loss or damage, except where such loss or damage is due to fair wear and tear or is caused by us or anyone acting on our behalf.

You agree to pay all and any charges necessary to clean, repair or replace any items that or broken, damaged or removed from the premises, including keys; we will charge for replacement keys and/or locks if we do not receive any keys removed back within two days.

7 Cleaning & Linen

The cottage/s will be cleaned before your arrival. Normally there is no extra charge for cleaning of the cottage/s; however, we reserve to the right to charge for cleaning costs where cottages are not left reasonably clean and tidy.

We provide bed linen which is changed before each letting and weekly thereafter and we supply fresh towels daily.

8 Charges

The charges are as stated on our published tariff, which we reserve the right to change at any time and without prior notice.

8.1 Accommodation

Once a booking is confirmed we will not change the accommodation price for the booking period, except where we need to change your accommodation to a cottage with a lower tariff, in which case we will refund the difference.

8.2 Other Charges

Any other charges will be as there are at the time they are incurred.

8.3 Local Taxes & VAT

Charges are exclusive of applicable taxes, such as VAT, which are payable in addition and will be added to our invoice at the prevailing rate/s.

9 Payment

All payments shall be made to Brook Farm Cottages at the address at the top of the Booking Form.

Payments can be made by cheque, cash or most credit and debit cards, excluding Amex and Diners Club.

In all cases a valid debit or credit card is required when booking to cover against any extra charges that may be incurred, such as additional items, cleaning, breakages and missing items, etc.

9.1 Deposit

A deposit of one night’s charge per cottage booked or 20% of the total booking value (whichever is greater) is payable at the time of booking.

9.2 Balance

The balance is due two weeks before the booking period. On receipt of the balance, full details of key collection arrangements and directions to the property will be despatched. Please note we do not send reminders.

9.3 Outstanding Charges

You authorise the card issuer to pay any charges that are due and outstanding under this contract.

In the event that we cannot reclaim any outstanding charges from your credit/debit card you agree to pay us directly and without delay by guaranteed cheque or bankers order within seven days. In the unfortunate event that it necessary to invoke recovery proceedings, you agree to reimburse all our related costs.

10 Complaints

Any problems relating the cottage/s should be notified to us as soon as possible and in all cases prior to your departure; we will not acknowledge any complaints made subsequent to departure. We will make reasonable efforts to address any material issues as soon as is reasonably possible.

11 Material Breach

Either party may terminate this contract if the other commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time.

In the event that there is a material breach of this contract (and its specific terms and conditions) by a member of your party we reserve the right to refuse entry to the cottage/s to any individual or the whole party and to terminate the contract without notice.

12 Cancellation & Termination

The booking may be cancelled and this contract terminated, in writing, by either party as described below.

By you:

· Prior to fourteen days before the rental period, with full refund by us of any deposit paid; or,

· Within two weeks of the rental period, in which case the deposit will be forfeited; or

· If the booking is cancelled during the stay, in which case any charges paid will be forfeit.

By us:

· At any time where we are unable to provide the accommodation you have booked, in which case we will either arrange an alternative rental period or give you a full refund of any charges paid for the unused portion of your booking as you choose; or,

· At any time in the event that there is a material breach of these terms and conditions, in which case there will be no refund of any charges paid and we reserve the right to levy any additional charges that may be due.

13 Confidentiality & Data

We will keep in confidence your personal details and any information (whether written or oral) of a confidential nature obtained under this Contract and will not disclose that information to any person (other than our employees and agents who need to know the information in order for us to perform this contract) without your written consent. Unless you explicitly inform us to the contrary, we may keep your details on file for in-house marketing purposes.

14 Governing Law & Jurisdiction

The contract is governed, and shall be construed in accordance with, exclusively by English law.

15 Severability

The invalidity, illegality or unenforceability of any of the provisions of this Agreement shall not affect or impair the continuation in force of the remainder of this Agreement.

16 Warranties & Representations

Both parties warrant to the other party that they have full capacity and authority to enter into and to perform this contract.

Except as expressly stated in this contract, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to fitness for purpose) are hereby excluded to the extent permitted by law.

We and our employees and agents do not accept third party liability in respect of breach of contract, negligence, misrepresentation or otherwise.

17 Assignment

Neither party may assign or transfer any of their rights or obligations under this Contract, without the written consent of the other.

18 Entire Agreement

This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

The parties acknowledge and agree that:

a. they have not been induced to enter into this Contract by any representation, warranty or other assurance not expressly incorporated into it; and

b. in connection with this Contract their only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Contract and that all other rights and remedies are excluded, except in the case of fraud.

We do not warrant and are not responsible for the accuracy of any verbal information given or statements made by any of our servants or agents.