RIVENDELL COTTAGE

TERMS AND CONDITIONS

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

‘Accommodation’ means the house shown in the confirmation invoice or as may otherwise be agreed in writing between

Rivendell Cottage  and the Visitor; ‘Agreement’ means the agreement between the owners T&M Bowers  and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;

TMB means T & M Bowers  and ‘Visitor’ means the person named in the confirmation invoice.

 

1 Agreement

1.1 These Terms and Conditions are sent with the confirmation invoice. The making of a booking (unless cancelled within 7 working days of receipt of the confirmation invoice) will form an agreement on these Terms and Conditions between the Visitor and TMB for the holiday rental of the Accommodation.

1.2 TMB permits the Visitor to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.

1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and shall make his or her party fully aware of these terms and conditions.

2 Price Changes

2.1 Holiday prices are reviewed each year in autumn, for the coming calendar year. Once prices are reviewed, the price for each Visitor’s booking is confirmed on their confirmation invoice.

3 Booking and Payment Terms

3.1 For bookings made eight weeks or more in advance, the booking for a holiday will be effective when a deposit of 30% of the holiday price (rounding up to the nearest pound sterling) has been received by TMB. Up to that time it will be a provisional booking and provisional bookings are normally held for a maximum of 7 working days. The full balance of the total holiday cost (including any increase made in accordance with these Terms and Conditions) will be payable not later than eight weeks before the holiday begins.

3.2 For bookings made for a holiday less than eight weeks away, full payment plus the security deposit of £250 must be made at the time of booking or as otherwise agreed with TMB.

3.3 All payments can only be accepted in Pounds Sterling.

4 Cancellation

4.1 If a visitor wishes to cancel a booking it must give TMB notice in writing via email to hello@rivendellcottage.co.uk as soon as possible.

 

On receipt of the written cancellation TMB will endeavour to rebook the Accommodation for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid. If TMB are unsuccessful in re-booking the holiday period then the cancellation charge will be made applied as follows

Number of days before the start date of your holiday that we receive your notice to cancel	Cancellation charge
More than 70	£0
50 – 70 days	50% of accommodation
43 – 56 days	60% of accommodation
29 – 42 days	75% of accommodation
8 – 28 days	85% of accommodation
7 days or less	95% of accommodation

 

4.2 If, following a booking, the full balance is not paid on time; TMB shall notify the Visitor. If, after 30 days from the date on which full payment is due, full payment has not been received by TMB then it may cancel the holiday booking. The above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.

4.3   Cancellations due to government public health measures for Covid-19  If you have to cancel your booking because UK government public health measures imposed as a result of the Covid19 pandemic mean it is unlawful to travel to or to make use of the accommodation you booked, you may choose to EITHER . transfer your accommodation booking to a later date free of any administration charges, subject to availability – you will have to pay any difference in price if the cost of the new booking of accommodation is higher or be reimbursed the difference if the cost of the new booking is lower; or obtain a full refund of the amount already paid by you for the booking of the accommodation. Please note you will need to contact us directly in order to access these options.

5 TMB Right to Refuse/Alter

5.1 TMB may, at its discretion, refuse any booking.

5.2 TMB may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary: a) Due to circumstances beyond the reasonable control of TMB or b) To perform or complete essential remedial or refurbishment works.

5.3 If a booking is altered or cancelled by TMB due to circumstances beyond their reasonable control, it will take reasonable steps to offer a suitable alternative booking. If TMB is not able to offer such an alternative or the Visitor does not accept the alternative offered, TMB will return to the Visitor the relevant proportion of the money paid by the Visitor to TMB in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.

5.4 If a booking is altered or cancelled by the TMB in order to perform or complete essential remedial or refurbishment works it shall endeavour to find and offer the Visitor a cottage in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed).

6 Change of Booking

6.1 Transferred bookings are not normally permitted e.g. a change in the Visitor or a transfer from one date to another.

6.2 TMB may, at its discretion, accept transferred bookings subject to payment of a fee of £35.00 (thirty-five pounds). However, bookings will not normally be accepted within one month of the Visitor’s holiday, or from one calendar year to another.

7 Maximum Numbers of Visitors Occupation must be limited to the maximum number of persons for the Accommodation stated in the printed or emailed literature or on the TMB website and advertisements – no tents, caravans or camper vans are allowed. The occupation limits are set in line with the level of services available in the house. To exceed the maximum number of persons in the house overloads the facilities available, which are often not designed or capable of, supporting additional usage. This can lead to extensive and expensive damage. As such, any overoccupancy 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.

8 Services The holiday price will include all charges for water, gas, electricity, or oil. Visitors must comply with the instructions found in the welcome pack in the Accommodation regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to the Visitor.

9 Liability and Loss of Visitor Property

9.1 Any Visitor’s property found at the Accommodation or on TMB property will normally be disposed of if it is not collected within six months and TMB may charge a reasonable administration fee to cover the costs of storage and handling of lost property.

9.2 TMB will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors: a) unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party; b) where such loss or damage is not a reasonably foreseeable result of any such breach; or c) 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, TMB.

10 Pets

10.1 Dogs are permitted, as indicated in the advertising literature and on the website. A maximum number of two, well trained, dogs shall apply on the strict conditions that they are not allowed upstairs, on the furniture, and especially not on the beds, nor left unattended in the accommodation. A charge of £20 per week will be made for each dog. No other domestic pets can be accepted in the house.

10.2 Assistance dogs are permitted in the Accommodation and the restrictions and charges described in Clause 10.1 above do not apply to such dogs, however the Visitor must notify TMB of the intended presence of any assistance dogs prior to booking.

11 TMB Right of Entry

11.1 As with any accommodation, there may be a need for on going and occasionally unforeseen work in the Accommodation. TMB 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.

11.2 TMB will give the Visitor reasonable notice of such requirements, and aims to restrict the working hours of our contractors to between the hours of 09.00 – 17.00. If this is not possible TMB will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.

12 Visitor Obligations

12.1 In order for TMB to correspond with the Visitor, the Visitor is obliged to keep TMB booking staff notified of any changes in their contact details by emailing the changes to: enquiries@wisintl.com  or by calling 07786835462

12.2 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. The Visitor agrees to make his or her party aware of these terms and conditions.

12.3 The Visitor 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).

12.4 The Visitor must allow TMB 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.

12.5 The Visitor 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 TMB or to any neighbours.

12.6 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.

12.7 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.

12.8 The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing with TMB.

13 Damages and Security Deposit Charge

13.1 TMB recommends that Visitors hold personal insurance for accidental damage and personal liability.

13.2 If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to TMB immediately, otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.

13.3 The security deposit is payable with the final payment of the booking eight weeks before the holiday commences by cheque or bank transfer. If the holiday is to commence in under eight weeks of booking then security deposit must be made with full payment. Security deposits are £250. They will be returned in full within two weeks after complete checkout of the holiday property and only if no damage has occurred. Security deposits will be deducted if any additional cleaning is required where the Accommodation is not left clean. If the security deposit charge is not sufficient to cover the cost of any additional cleaning, breakages and/or damage caused, the Visitor will be responsible for full payment of any additional charges, costs and/or losses incurred on request.

14 Occupation

14.1 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the holiday period, and not for any other purpose or longer period.

14.2 The maximum occupancy of the Accommodation shall not be exceeded. However TMB will always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy (for example, a function or celebration). If the Visitor wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of TMB. If permission is granted, an additional charge will be made.

15 Water Supply

TMB cannot accept responsibility for a shortage of water at the Accommodation where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of TMB ’s reasonable control.

16 Weather

If the Accommodation becomes inaccessible due to bad weather TMB will take reasonable steps to inform the Visitor and to identify alternative accommodation. TMB liability does not extend to weather related conditions that affect public roads.

17 Comments/Complaints

17.1 Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact Mandy B on 07786835462 . Reasonable steps will then be taken to assist the Visitor.

17.2 TMB is committed to ensuring that any problems or complaints the Visitor 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 TMB or refusal of reasonable rectification may affect the Visitor’s right to compensation or repayment.

17.3 Visitors must provide a contact telephone number and suitable time for TMB to communicate with them about problems or complaints. Visitors must allow access to the Accommodation by any staff or contractors of TMB to resolve problems or complaints. If despite contacting TMB the problem or complaint remains unresolved, the Visitor must contact the contact centre again. The Visitor must not independently move to other accommodation without first allowing TMB the reasonable opportunity to assist in resolving the complaint or problem. If the Visitor does so, or refuses reasonable rectification, the Visitor may affect their rights to compensation or repayment.

17.4 Visitors must formally confirm any unresolved complaint in writing via email to TMB booking staff within 28 days of return from holiday, addressed to: 63 Millfield Gardens, York YO26 6NZ

18 Arrival and Departure Times

18.1 The Visitor and his or her party must arrive after the arrival time (3:00pm on the first day of the holiday period) depart before the departure time (10:00am on the last day of the holiday period). Any stay that extends over this period will be subject to a charge.

18.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday period and the Visitor 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.

19 Rural way of life

The Cottage is  located in a rural area and any action by the Visitor and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land, will constitute a breach of the Agreement by the Visitor.

20 Right to Evict TMB may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:

20.1 This is deemed necessary by TMB where there is a serious breach by the Visitor of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of other visitors or members of staff; or

20.2 Any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.

21 Data Protection TMB writes to members and customers from time to time about its work. In compliance with the Data Protection Act 1998, TMB will at no time share your details with third parties. If the Visitor wishes to opt out from any follow up contact from TMB, the Visitor should send an e-mail to enquiries@rivendellcottage.co.uk

22 Governing Law 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