Terms & Conditions

TERMS AND CONDITIONS

Please take the time to read these Booking Terms and Conditions, we appreciate that it is tempting to skip the content but these things are important. We have written the Booking Terms and Conditions to describe clearly booking policies and procedures and to clarify the contractual relationship between you and us.

For your convenience, we have provided sections below to help you navigate through the document. If you require any help or advice please contact us.

  1. General Information

1.1. Boreat Barton Manor full address is: Boreat Barton Manor, Atherington, Umberleigh, Devon, EX37 9HP (for sat nav use EX39 9BJ).

1.2. In these conditions, ‘The Client’ is the person who has made arrangements with the Owners as the principle contact or party leader and is named on the Booking Form and Confirmation.

1.3. The Owner of the property is offering Self Catered and Catered holidays. Holiday accommodation booking arrangements are handled by the Owner and the contractual relationship for accommodation is directly between the Owner and the Client.

  1. Making a Reservation

2.1. Reservations can be made by the Client via email or by telephoning the owners direct.  The Owner will provisionally hold the property for forty-eight hours. At the point of making a provisional booking, the Client shall receive a copy of the Terms and Conditions (T&Cs) and a Booking Form.

Please note: If payment (in part or full) is not received by the Owners within 48 hours, the provisional booking will be cancelled automatically and the property dates will be released (This period is reduced to 24 hours for bookings commencing within seven days of the provisional booking date).

  1. Confirming a Booking

3.1. To confirm a booking, the Client must acknowledge that they have read the T&Cs and complete the  Booking Form; confirmation of a booking is not possible without this.

3.2. The Client who completes the Booking Form and agrees the T&Cs does so on behalf of all members of the party and binds them jointly and severally to the terms therein (See Authority to Sign below).

3.3. The Client is also required to pay an initial deposit payment of 50% of the total cost of the holiday. If the booking confirmation date is within 8 weeks of the arrival date the Owner shall require full payment of the holiday cost and any charges for additional services that might be due.

3.4. Any payment made by the Client to  the Owner in respect of a property is deemed to confirm acceptance of these Terms and Conditions.

3.5. Upon receipt of payment the Owner will secure the requested dates and will send the Client a receipt to confirm funds received.

3.6. Once a booking is confirmed and subject to the Cancellation Policy (Below), the Client is liable for payment of the balance of the accommodation cost, along with any additional charges.

3.7. Payment to confirm a booking is possible by bank transfer.

Please note: For clarity, Booking Confirmation consists of three linked parts: Acceptance of the T&Cs, Payment and completion of the Booking Form. The T&Cs are deemed to be in force upon agreement by  the Owner of any payment from the Client. Entry to the property requires that all three parts are completed and the booking may be treated as a cancellation in accordance with the Cancellation Policy (below) if the Owners are not in receipt of a completed Booking Form within seven days of Confirming a Booking.

  1. Payment of Balance

4.1. Payment of the balance of the accommodation cost (and any additional charges) is due in cleared funds 8 weeks prior to the arrival date. Although the Owner will endeavor to email a reminder for the balance payment to the Client, it is the Client’s responsibility to ensure that payment is received by the due date.

4.2.  The Owner require that the Client pays the balance in full, using the payment method agreed prior. (See Payment Methods below).

4.3. If the Balance Payment is not received by midday on the due date the booking shall be treated as a Cancellation by the Client (See Cancellation Policy below) with the full accommodation cost due from the Client and the booking dates will be released. Restoration of the holiday shall be treated as a new booking where the full accommodation cost is due; since the dates will be released restoration cannot be guaranteed. The Owner shall not be responsible for any charges incurred on transactions processed from the card number held on file.

4.4. For reasons of security and privacy, we do not provide full details of the locations of any of our accommodation until the Client pays the balance of the holiday cost in full. Upon receipt of the final balance payment, full directions to the property shall be provided to the Client.

  1. Payment of the Cautionary Deposit

5.1. A Cautionary Deposit may be required to cover costs resulting from the action or inaction of the Client or a member of their party such as (but not limited to): the property being left in an unreasonable state, loss or non-return of keys, excessive or long distance telephone call charges, neglect or damage to the property, damage or loss of contents and/or, any extra or excessive cleaning costs required.

5.2. Where applicable, the amount of the Cautionary Deposit will be advised to the Client at the time of booking the holiday and in the Booking Confirmation email.

5.3. Where a Cautionary Deposit is required, the Owners will endeavor to email a reminder for the Cautionary Deposit to the Client, however it is the responsibility of the Client to ensure payment of this is received in full by  the Owners a minimum of one week prior to your arrival date or with full balance payment as advised by the owner at the time of booking.
5.4. Access to the property will be denied if full payment of the Cautionary Deposit has not been made in cleared funds and the booking will be treated as a cancellation, no refund will be due or issued.

5.5. Cautionary Deposits may be made by bank transfer, the Client must allow sufficient time to ensure that the funds are cleared by the due date.

5.6. Cheques are not accepted for Cautionary Deposit payments.

5.7. If the Cautionary Deposit is not received by midday on the due date  the booking will be treated as a Cancellation by the Client (See Cancellation Policy below) and the booking dates will be released. Restoration of the booking shall be treated as a new booking where payment in full is due; since the dates will be released, restoration of a booking is not guaranteed. The Owner will not be held accountable for any charges incurred on any transactions processed from the card number held on file.

  1. Refund of the Cautionary Deposit

6.1. The cautionary deposit will be refunded within 14 days of your departure from the property less any costs incurred.

6.2. In the event of damages attributed to the Client or a member of their party during their stay the Owners shall notify this to the Client as quickly as reasonably possible together with any evidence provided by the Owner. The cost of any remedial action shall be deducted from the Cautionary Deposit and the balance refunded to the Client.

6.3. In the event that the cost of rectification for losses or damage caused by the Client or a member of their party exceeds the Cautionary Deposit held, the Owner shall notify the Client of any additional amount owing. The Client is advised that the property Owner reserves the right to pursue recovery of any additional cost over and above the Cautionary Deposit and for this reason adequate personal liability insurance is strongly recommended (See Insurance Requirements below). Should additional costs be incurred we shall provide the Clients’ contact details to the Owner to facilitate recovery directly.

6.4. In the event that the Owner is unable to contact the Client to advise of deductions from the Cautionary Deposit, then the Owner will not be held accountable for any bank charges or other losses incurred by the Client resulting from those deductions from the Cautionary Deposit. If  the Owners are unable to contact the Client, refund of the balance of the Cautionary Deposit cannot be guaranteed within 7 days.

6.5. Where the cautionary deposit is paid by bank transfer it shall be refunded by bank transfer. To facilitate this, the Client must provide the Owner with their correct bank account details. Refund of the Cautionary Deposit will not be processed until  the Owner is in receipt of your account details, the Owners cannot be held responsible if the damage deposit is not refunded within the 7 day time scale if this information has not been provided. A charge may apply where the Cautionary Deposit is credited to an international bank account.

Please note: If we are awaiting a quote for repair/replacement of items, an extension of this 7 day timescale may be necessary. Please ensure we have all relevant contact details to enable us to contact you when refunding your damage deposit.

  1. The Price of Your Accommodation

7.1. All prices quoted at the point of enquiry are valid until midnight of the day on which they were given. Prices quoted for a provisional booking are valid for 48 hours from when the provisional reservation is made (This period is reduced to 24 hours for bookings commencing within seven days of the provisional booking date).

7.2. After the reservation period, where the Owner have not received a deposit, prices quoted may be subject to change.

7.3. Notwithstanding the above, the Owner reserves the right to amend prices quoted as a result of errors or omissions. Any changes resulting from an error or omission shall be notified to the Client as soon as possible and the Client shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.

  1. Price Guarantee

Errors and omissions excepting, the Owner guarantees that the price of the holiday will not be subject to any surcharges once the Client has paid a deposit, unless the booking has been amended, once the confirmation has been issued. All prices are based on £/Sterling

9. VAT – We not VAT registered.

  1. Payment Method

10.1.. Payment by bank transfer (unless immediate) or cheque is not possible for Booking Deposits and payment by cheque is not available for Cautionary Deposits.

10.2.  The Owner shall not store or process debit card details.

10.3. All payments are made in £/Sterling unless otherwise indicated. Overseas clients may pay in £/Sterling by international bank transfer or cheque drawn on a UK bank. Any charges for receiving payments from overseas will be passed to the Client.

10.4. Where a tariff is advertised in a currency other than £/Sterling or €/Euros, the currency will be converted into £/Sterling on the day the payment is requested and the Client shall be advised of the £/Sterling amount by the Property Advisor. All conversions will be valid on the day they are provided only and a new quotation will be given if payment is not received by the close of business.

10.5. The Client should contact their bank for details of the charges and how to process foreign transactions.

Please note: Please include the name of the lead Client, the Owner Booking Reference and the property name with all payments where possible.

  1. Booking Amendments

11.1. Requests to change confirmed booking dates must be made no later than three months prior to the arrival date.  The Owner will make every effort to facilitate a booking amendment; however requests are subject to the consent of the owner and may be declined. A £30.00  Administration Fee will be charged to the Client for each amendment.

11.2. Booking amendments requested within 6 weeks will be treated as a booking cancellation and may be subject to the terms of the Cancellation Policy (Below).

11.3. Once a booking has been confirmed, the booking can only be changed subject to the terms and conditions stated.

11.4. By agreeing these T&Cs the Client warrants that they will not sell or transfer the booking to another party without the Owner’s consent.

  1. If the Owner Changes Your Accommodation

In exceptional circumstances, it may be necessary to amend the arrangements made by the Client and the Owner reserves the right to do so. Where such changes are considered to be a significant alteration of an essential item of the contract, the Owner will undertake to advise the Client as soon as is reasonably possible. Where a major change occurs, provided it does not arise from circumstances amounting to Force Majeure (see below), the Client will be given the choice of either accepting the alternative arrangements provided  or to cancel the booking; written confirmation of cancellation will be required.  The Owner has received this in writing from the Client, a full refund of all monies paid, minus any credit card charges if applicable, will be made.

  1. Booking Cancellation Policy

13.1. Booking Cancellation by the Client

13.1.1. A booking can only be cancelled prior to the accommodation start date.

13.1.2. A Client wishing to cancel a booking must telephone the Owner’s office, the Owner will also require written confirmation of cancellation (email is acceptable). The written cancellation must be issued and signed by the Client. The cancellation takes effect from the day that the written confirmation is received. All cancellations will be subject to a £100 administration charge.

13.1.3. A cancelled booking cannot be reinstated.

13.1.3. Cancellation Charges are as follows:

13.1.3.1. The holiday deposit (50% of the total holiday cost): Where cancellation notice is received after the deposit has been paid and no less than 8 weeks prior to the booking start date, then the deposit is forfeit.

13.1.3.2. 100% of the total holiday cost: Where cancellation notice is received after the balance is due and/or been paid and less than 8 weeks prior to the booking start date then the Client shall be liable for the full cost of the booking.

13.1.3.3. Subject to application of an Administration Fee of £100, wherever possible, the Owner will actively re-sell cancelled dates. If successful, subject to the limits above, we will return to you any monies paid less the difference between the cost of the cancelled booking and the replacement booking.

13.1.3.4.  The Owner are unable to sell any part of the cancelled period then all monies paid will be forfeit and for this reason we strongly advise clients to obtain their own holiday cancellation insurance.

13.1.3.5.  The Owner shall not repay any monies due to the Client as the result of a booking cancelled by the Client until the whole of the cancelled period has been resold or the last day of that period is passed.

Please note: The ability to re-sell the dates only applies where the Owner is actively marketing the property. In the event that the property is no longer advertised on the Owners’ website, the Client will need to contact the Owner to request a refund; the Owner is not accountable and accept no liability in obtaining a refund in these circumstances.

13.2. Booking Cancellation by the Owner

13.2.1. It is extremely unlikely that an Owner cancels a confirmed booking. If however, for reasons beyond the reasonable control of the Owner, the property is no longer available the Owner reserves the right to cancel a booking. In this event, the Owner will inform the Client as soon as possible and alternative accommodation of at least comparable standard will be sought. If this is not acceptable to the Client and providing the cancellation does not arise from reasons of Force Majeure (Below) all monies paid by the Client will be refunded.

13.2.2. By accepting the alternative property the Client agrees to the Booking Terms and Conditions. If the alternative accommodation has a lower tariff than the original property booked the Client will receive a refund of the difference. If the alternative property costs more than the original, the Client will be asked to pay the difference. The Owners will not be liable for any further obligations, compensation or claims by the Client.

  1. House Books

Where the Owner has provided House Books, these are for reference during your stay only. The Client agrees to not remove the House Book from the property. The replacement cost of a House Book is £85 plus VAT and will be deducted from the Cautionary Deposit.

  1. Arrival and Departure Times

The Client is requested to adhere to the arrival and departure times listed for the property. Changes to these times can be requested prior to arrival but are subject to confirmation from the Owner and may incur a charge.

  1. Restrictions/Specific Terms of the Property

We may have restrictions or specific terms in place for Clients staying at this property. We request that Clients read our property details thoroughly before confirming a booking. Once payment has been accepted for a booking, this becomes a confirmed booking and charges will apply should you wish to amend or cancel your booking.

  1. Eligibility

Boreat Manor is a private home. As Individual Owner we may have restrictions in place from to time for the types of booking that we will accept. Before confirming a booking, Clients must refer to the restrictions section of  the Owners webpage for any restrictions that apply. At the point of booking the Owner will request the occasion for your stay; if it transpires that the occasion is not as detailed, your Cautionary Deposit may be retained as compensation for the Owner.

  1. Party Size and Members

18.1. There are limits on the maximum number of guests that can be at Boreat Manor and the number of guests at the property must not exceed those limits except with prior written agreement from  the Owner. Admittance to the property may be refused or the Client may be asked to vacate the property immediately if this condition is not observed.

18.2. Party members are those detailed on the Booking Form completed by the Client. If  the Client alters the party without prior request and/or if additional Clients are given unauthorized access to the property, then additional costs incurred will be deducted from the Cautionary Deposit.  The Owner reserve the right to refuse admission to the property or to ask the Client to vacate the property with immediate effect if the Client fails to adhere to this condition.

18.3. Where an Alternative Group option rate has been paid, the Client accepts that this is on the basis that a limited number of bedrooms will be prepared for use. For example, a Client paying a ‘Sleeps Up to Two Guests’ rate will pay a reduced rate reflecting that only one bedroom shall be used during the stay. Should a Client paying the reduced rate use extra bedrooms, then the Client agrees that the full cost of the accommodation may become due and this additional cost will be deducted from the Cautionary Deposit. If the additional cost is greater than the Cautionary Deposit, the Client authorizes the Owner to debit any card details held for the Client with the appropriate charge.

  1. Additional Requirements

A Client requesting additional services such as additional cleaning, catering, activities, supermarket delivery etc., is advised to arrange these as far in advance as possible of the arrival date. Generally, a minimum of seven days prior to the arrival date is required to arrange additional services. Where sufficient notice is not given, then arrangement of additional services is dependent on availability and is not guaranteed. Requests for additional services should be addressed to the Owner.

  1. Care of the Property

20.1. The Client is legally obliged to take all reasonable and proper care of the property including buildings, gardens, fixtures, fittings, furniture, pictures and other effects in or around the property and shall leave them in the same state of repair and condition at the end of the rental period as found at the beginning.

20.2. In the event of any damage to property or equipment during the stay, the Client is required to notify the Owners.

20.3. The Client shall leave the property in a clean and tidy condition: this includes cleaning all cutlery and crockery and placing all rubbish in appropriate waste or recycling bins.

20.4. The Client agrees to respect their surroundings and not to disturb or otherwise annoy the occupants of neighbouring properties. The Client also agrees to adhere to any specific noise restrictions in place at the property. The Owner reserves the right to enter the property to investigate concerns relating to the care of the property or to disturbances. The Owner is within their rights to request that Clients vacate the property with immediate effect if it is found to be in a neglected or damaged condition.

20.5. Failure of the Client to exercise reasonable care may result in deductions being made from the Cautionary Deposit.

20.6. On departure, if the Owner is dissatisfied with the condition of the property they may refuse to take a booking from the Client again.
Please note: Do ensure that you take all your belongings with you when you depart the property,  the Owner reserves the right to deduct any charges incurred in returning your property from your Cautionary Deposit and/or debit/credit card held on file. 

  1. Inventory

Where an inventory has been provided for the rental property, the Client is requested to report any discrepancies to the Owner on arrival, otherwise the inventory will be deemed to be correct.

  1. Personal belongings

The Owner of the property can accept any responsibility or liability for loss of or damage to any of the Client’s personal items, belongings or vehicles, however caused. If the Owner is required to enter the property during a stay (E.g. to carry out maintenance or cleaning), the Client is advised to ensure that a member of their party is present; if this is not possible, the Client has the right to decline services at their discretion but no refunds shall be given for services not used.

  1. Child-friendly property

This is a child-friendly property, in which the Owner has provided a high chair, cot and stair-gate or other similar facilities, and these are for use at the discretion of the Client and the Owner shall not take any responsible for any damages that occur as a result of usage. We define babes-in-arms as an infant under the age of 12 months on the date that your booking starts. We request that cots be used only for a child aged 24 months or less at the time the booking starts.

  1. Linen

Sun cream, fake tan, waterproof make-up and hair dye can all cause permanent damage to bedding, linen and towels and we ask that the Client take care when using these products. We recommend that Clients planning to use such products during their stay bring their own spare linen to prevent damage to items within the property. If damage / staining does occur and the items cannot be cleaned, a charge may be levied from the Cautionary Deposit to replace these items.

  1. Smoking

Please note that Boreat Manor is strictly non-smoking! Clients failing to adhere to this condition will forfeit the Cautionary Deposit.

  1. Pets

27.1. Pets are only permitted with prior consent of Owner; an additional accommodation charge will be made for pets.

27.2. Any specific terms for pets included on the Booking Form must be adhered to. Where pets are permitted, they are to be kept under control at all times. The Client is responsible for any damage caused by pets 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 the Cautionary Deposit.

27.3. Pets are not permitted into bedrooms or on the furniture at any time. The Owner can accept responsibility for pet safety. Clients are not to leave pets unsupervised at the property at any time.

27.4. Clients shall dispose of pet faeces in a clean and sanitary manner.

27.5. When the description of a property states ‘Sorry no pets’ or otherwise restricts pets at the property, the Owner cannot guarantee that pets have not been kept previously at the property.

  1. Authority to Sign

28.1. The person who completes the Booking Form certifies that they:

28.1.1. Are authorized to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date, and binds them jointly and severally to these terms.

28.1.2. Are over twenty one years of age.

28.1.3. Agree to take responsibility for the party members occupying the property, and to notify the Owner if they are not a member of that party.

  1. Accommodation Reservation

When the Client, has made a payment and returned all paperwork as requested, the holiday accommodation is confirmed. Confirmation is the acceptance of the booking by the Owner under these Terms and Conditions.  The Owner will send the Client, a confirmation email verifying the details of the accommodation that has been booked. This is the only confirmation that will be sent unless the Client decides to alter any details of the holiday booked (charges will apply), when an updated invoice will be issued.

  1. Insurance requirements

Although not mandatory as part of the T&Cs, the Owner strongly advises the purchase of holiday insurance. Clients should obtain insurance that at least includes holiday cancellation cover for the value of their booking for their own protection and peace of mind. Ideally the insurance policy will cover other eventualities such as travel and road conditions as neither  the Owner shall not be liable for circumstances that may prevent you accessing the property (See Force Majeure, below). Clients are legally responsible for any damage caused during their stay at the property therefore we also strongly recommend that any insurance covers losses due to personal liability claims.

  1. Property Standards

The properties marketed by the Owner are inspected carefully on an annual basis, however the Owner does not accept any liability for any change made by the Owner since the inspection. Changes may occur during the period between the preparation of the description and your accommodation booking; therefore Choice Cottages and/or the Owner reserves the right to change any of the facilities or services advertised. The Owner does not accept responsibility for modifications made for breakdown in water supply, gas or electricity; for infestation, or the breakdown of swimming pool filtration systems, although the Owner will do everything within their control to arrange for these problems to be solved. It is a requirement that any problems are reported immediately to the property Owner.

  1. Property Maintenance Issues and Complaints

32.1. The Client must report any pre-existing damage noticed upon arrival within 24 hours.

32.2. If any issues arise during the stay the Client must contact the property the Owner as soon as reasonably practicable for the issue to be investigated and, if required, to take any remedial action. If an issue is not reported and the Owner is denied an opportunity to investigate or rectify a problem during the holiday, then the Client will have waived all rights in the matter.

32.3. If the Client feels that their complaint has not been resolved satisfactorily on completion of the holiday, the Owner requests that the verbal complaint is followed-up by writing to the Owner within seven days of departure from the property.

32.4. It is the responsibility of the Owner and the Client to resolve any disputes arising between them, including those relating to retention of the Cautionary Deposit in whole or part.

  1. Privacy Policy

33.1. Any personal information supplied to the Owners is used, held or stored in accordance with the Data Protection Act 1998.

33.2. The Owner shall only make information about you available to those involved in supplying your holiday; this includes the property Owner to whom we will provide the Client name, additional guest names and Client contact details. the Owner never provide Client information to anyone else without first obtaining consent, unless we are obliged by law to disclose it.

33.3. Personal information provided by the Client in registering for a service will be used by the Owner in the provision of that service or to inform you about any other of our services that may be of interest. In any email communication that is not essential to the provision of the requested service the Owner will always provide the option to unsubscribe.

33.4. In agreeing these T&Cs the Client warrants that the property details, including the property name, address and Owner details will not be reproduced or passed onto a third party without permission from  the Owner.

33.5. The Client agrees to not, under any circumstances, exploit for commercial purposes any photographic or moving images of the property.

  1. Intellectual Copyright

The copyright and all other rights on the Owner website are owned by the Owner or the material is included with the permission of the rights owner; copying site content for any commercial or business use is strictly prohibited.

  1. Liability

35.1.  The Owner shall not be liable for any act, neglect or default on the part of any other person not within the employ of  the Owner or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Client or any other person may suffer or incur arising out of, or in any way connected with the rental accommodation unless  the Owner is responsible. In addition, the Owner accept no liability for loss of or damage to a Client’s possessions on the Owner’s property or land.

35.2. Nothing in these conditions excludes or limits the liability of the Owner: for death or personal injury caused by the Owner negligence; or for any matter which it would be illegal for the Owner to exclude or attempt to exclude their liability.

35.3. Whilst we do not exclude or limit our liability for loss or damage sustained by Clients as a result of negligence by our employees or agents.

35.4. The Owner (or their  employees and agents) shall not, except if caused by our negligence or breach of these Booking Conditions, be under any liability to the Client or third parties for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred or arise out of or in any way connected with the rental. No term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Contract.

  1. Exclusion of Liability for Suppliers Goods and Services

We provide services/goods from time to time from other providers and can accept no liability for any goods or services provided by these suppliers. The Client should check that they agree to the suppliers’ own terms and conditions before trading with them.

  1. Force Majeure

The Owner cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to force majeure. Force majeure is any event which the Owner could not, even with all due care and attention, avoid. Such events may include war or threat of war, civil strife, natural or nuclear disaster, industrial dispute, terrorist activity, fire, adverse weather conditions, unforeseen local building or road-works, unavoidable technical problems with transport, closure or congestion of airports or ports, cancellations or changes of schedule by scheduled airlines and all similar circumstances beyond our control.

  1. Passports and Visas

It is the responsibility of the Client to ensure that all travel documentation is valid as airlines will not permit passengers to travel who do not have the correct documentation and who cannot comply with all regulation Health requirements. Please check what vaccinations are required for entry into the UK, if any.

  1. Breach of Contract

If any of the above conditions are breached by the Client or any member of their party, the Owner and/or Agent reserves the right to enter the property and request that the party leave the property with immediate effect.

  1. Governing Law

This agreement is governed by English law with English Courts having exclusive jurisdiction.

Thank you for completing the booking form and taking the time to read through the Terms and Conditions.

 

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