terms and conditions of business
BOOKING TERMS AND CONDITIONS
You must read these terms and conditions carefully when you make a reservation request with Brosterfield Farm (the Owner) (whether by email or telephone) or via the online booking request. You and your Guests are deemed to have read and agreed to these terms and conditions which will form part of the contract between you and the Owner. These will be enforceable at the point of your booking confirmation, verbally or written as set out in this agreement.
1.1. ‘the Amendment Fee’ is the fee that the Owner charges for any changes you ask to be made to your Booking once the Booking has been made being £25 per amendment made.
1.2. ‘the Bond means the sum of:
1.2.1. respect of The Old Dairy or Shippon Cottage £100.
1.2.2. No bonds are taken for the smaller properties.
1.3. ‘the Booking Conditions’ means these booking terms and conditions which apply to all reservations you make with the Owner for a Property whether by telephone, email, website or via a third party.
1.4. ‘Booking Confirmation’ means the email sent to you by the Owner confirming your Booking together with a copy of these Booking Conditions and other relevant details relating to your booking.
1.5. ‘the Booking Details’ are details specific to your Booking including the Property, Holiday Period and any restrictions notified to you during the Booking Process.
1.6. ‘the Booking Process’ means how a Booking is made as set out at paragraph 6 of these Booking Conditions.
1.7. ‘Commencement Date’ means the first day of your holiday as set out in your confirmation letter.
1.8. ‘Final Payment’ is the balance of the Rental Charges payable by you after payment of the Deposit.
1.9. ‘the Deposit’ is 30% of the Rental Charges quoted during the Booking Process.
1.10. ‘the Guests’ are all of the members of your party other than you that you have confirmed to the Owner in the booking are to stay at the Property during the Holiday Period under your Booking. 1.11. ‘the Holiday Period’ means from 4:00pm on the Commencement Date until 10.00am on the Departure Date at Brosterfield Farm, Foolow, Hope Valley S32 5QB.
1.12. ‘Pet Charges’ means the charges set out in schedule 1.
1.13. ‘the Property’ means the Property owned by the Owner known as Brosterfield Farm, and the specific building that you have let at Brosterfield Farm.
1.14. ‘the Rental Balance’ is the balance of the Rental Charges payable by you after payment of the Deposit.
1.15. ‘the Rental Charges’ are the Deposit and the Final Payment.
1.16. ‘the Rental Contract’ is this legally binding contract between you and the Owner and includes your Booking Details, these Booking Conditions and any other conditions the Owner brings to your attention before your Booking is accepted.
2. PROPERTY DESCRIPTIONS
The image of the Property in our marketing materials is for illustrative purposes only. The Property or its contents may vary slightly from those images.
3. BOOKING CONDITIONS
3.1. You must read these Booking Conditions carefully because they will apply to any use of the booking made.
3.2. If you have any queries concerning these Booking Conditions, you should contact the Owner by telephone on 0779 9882551 or by email at email@example.com.
3.3. These Booking Conditions apply to the booking to the exclusion of all other terms that you may wish to seek to incorporate or which are implied by trade, custom, practice or course of dealing.
4. RENTAL CONTRACT
The Rental Contract with you legally binds you (the person named on the Booking Confirmation), and all your Guests. You agree that you will and will procure that all your Guests will comply in every respect with the terms of the Rental Contract and you confirm that all Guests have read and agreed the terms of the Rental Contract and you are authorised to confirm such acceptance on their behalf.
5. YOUR OCCUPATION OF THE PROPERTY
5.1. The Owner permits you and the Guests to occupy the Property for the Holiday Period for the purpose of a holiday and it is not intended that a relationship of landlord and tenant is created between you, the Guests and the Owner.
5.2. Neither you nor the Guests are entitled to a tenancy or an assured shorthold tenancy or to any statutory protection under the Holiday Act 1988 or to any other statutory security of tenure now or when the Holiday Period ends.
5.3. No more than the following number of people may occupy each Property:
5.3.1. Brosterfield Suite – 2;
5.3.2. Old Diary – 6;
5.3.3. Shippon Cottage – 6
5.3.4. Digby’s Hut – 2
5.3.5. Berties Retreat – 2
5.3.6. Brewer’s Cottage – 2
5.3.7. Cabins in the rear field - 2 in each
5.4. You and your Guests’ property, including any cars and their contents, are entirely at your own risk at all times and the Owner accepts no liability for any loss, damage or injury however so caused by such property.
6. BOOKING PROCESS
6.1. In order to make a Booking and to enter into a Rental Contract you must:
6.1.1. be at least 18 years of age and have the legal capacity to enter into a legally binding agreement;
6.1.2. provide the Owner with your real name, telephone number, email address, postcode and any other information requested by the Owner; and
6.1.3. pay the Deposit in cleared funds.
7. FEES, CHARGES AND PAYMENT
7.1. The Rental Charges and any other fees and charges will be referred to in the marketing materials or communicated to you at the time of booking and will be quoted and charged in pounds sterling (GBP). 7.2. The Rental Charges and any other fees and charges may change from time to time but such changes will not affect the Booking which the Owner has confirmed with a Booking Confirmation.
7.3. All Rental Charges and any other fees and charges include VAT, where applicable.
7.4. The Owner will, except in the circumstances set out in clause 7.5, provide you with details of the total Rental Charges payable for your booking before you submit your booking including details of the following amounts which are payable to the Owner at the time of making the booking:
7.4.1. the Deposit and, if the date the Final Payment and all other fees and charges would usually fall due for that booking has already passed, the Final Payment as well.
7.5. If you are paying a Deposit rather than all the Rental Charges when making your Booking, the Owner will confirm the date by which you will need to make payment of the Final Payment and all other fees and charges. The Owner may (but is not obliged to) contact you to remind you of the due date for the payment of the Final Payment.
7.6. Payments must be made in cleared funds in respect of the “Old Dairy and “Shippon” at least 10 weeks before the Commencement Date or at the date of the booking if that is within 10 weeks of the Commencement Date. Old Dairy and Shippon , - 10 weeks. In respect of all other properties, the period shall be 4 weeks.
8. INTEREST CHARGES
Without affecting any other rights under these Booking Conditions, the Owner may charge interest to you on any overdue amount at the rate of four percent (4%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount whether before or after judgement. You must pay the Owner interest together with any overdue amount.
9.1. The Owner charges a Bond which is payable at the same time as the Final Payment.
9.2. If you refuse to pay the Bond, the Booking cannot be made or will be cancelled. If it has already been made, the Owner may, at its sole discretion, cancel it. 9.3. The Bond may be used to offset the cost of remedying any breakages, damages or losses sustained or suffered by the Owner and any other costs for additional cleaning or rubbish clearance which in the Owner’s reasonable opinion has been incurred by the Owner as a result of the Booking or for restoring the Property back to a suitable clean and tidy condition for the next guests. The Owner reserves the right to retain the Bond in the event of unruly and excessive levels of noise or as a consequence of you or the Guests causing disturbance to other guests staying in nearby properties.
9.4. The Bond will be refunded, less any deductions made in accordance with this clause 9 and/or less any deductions as may be deemed reasonable by the Owner arising from any breach by you, or the Guests of any of the terms of the Rental Contract (including without limitation any sums required to rectify or remedy any damage caused or suffered by the Owner), within 10 working days of the end of the Holiday Period (subject to any circumstances outside of the control of the Owner which may cause a delay in refunding the Bond in the time specified).
10. BOOKING RESTRICTIONS
The maximum Holiday Period for any booking is 28 consecutive days, subject to availability. The Owner will confirm to you the maximum Holiday Period and any minimum Holiday Period.
11. YOUR RIGHT TO CANCEL OR TRANSFER A BOOKING
11.1. You must promptly check all the details in your Booking Confirmation after receiving it and inform the Owner as soon as possible if you believe there are any errors or omissions.
11.2. If you wish to vary your booking, please contact the Owner using the details in paragraph 3.2 above. If the Owner allows you to vary the booking additional charges including additional Rental Charges and/or an Amendment Fee may be payable to cover the Owner’s additional costs of making the changes. This does not affect your legal rights.
11.3. After you receive your Booking Confirmation: 11.3.1. Subject to paragraph 19 and 24.3 you will not have a legal entitlement to cancel the Rental Contract. The Rental Charges and all other charges relating to the Booking shall remain due and payable. You may, however, end the Rental Contract in accordance with paragraphs 19 and 24.3.
11.4. You cannot transfer your Rental Contract to a third party if your Guests but not you stay at the Property during the Holiday Period and you remain liable for your obligations under this agreement and the compliance of those obligations by your Guests.
11.5. If you wish to cancel your Booking you must make a request via email to the Owner and receive confirmation that your Booking has been cancelled although as stated at paragraph 11.3.1, you will not have a legal right to cancel the Rental Contract (subject to paragraphs 19 and 24.3). However, the Owner may in its absolute discretion consider any such request and at its option, the Owner will use its reasonable efforts to re-let the Property for the Holiday Period. If the property is re- let, the Owner will refund that proportion of monies paid by you that the Owner is able to recover from such re-letting less the Deposit and an administration fee of £. If the Owner is not able to re-let the Property, the Rental Charges and all other charges relating to the Booking will remain payable.
12. CANCELLATION OF YOUR BOOKING BY THE OWNER
12.1. The Owner may cancel your booking:
12.1.1. because of any health and safety or quality-related issue with the Property or its immediate surroundings.; or
12.1.2. due to circumstances or events outside its reasonable control which will prevent or are likely to prevent you and your Guests from arriving at the Property for the Holiday Period or the Owner from complying with any other of its obligations under the Rental Contract save as set out in clause 25.
12.2. If the Owner cancels a Booking in accordance with paragraph 12.1 the Owner may (but is not obliged to) at its option either: 12.2.1. arrange an alternative property for you and your Guests of an equivalent type and standard at the same or a similar price. The Owner will not be liable for any costs associated with arranging an alternative property and such alternative property may be subject to the payment or additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled booking; or
12.2.2. provide you with a refund of any amounts paid by you to the Owner in relation the cancelled booking (including the Deposit).
12.3. The Owner shall have no liability to you beyond that set out in this agreement, save as set out in law from time to time. This does not affect your statutory rights
13. YOUR OBLIGATIONS
13.1. All information you provide to the Owner in connection with your Booking must be true, accurate, current and complete. If any of your details change such as email address, guest names or change of address, you must let the Owner know promptly.
13.2. You warrant to the Owner, that during the Holiday Period:
13.2.1. the number of Guests (and pets) staying in the Property will not exceed the number stated in your Booking Confirmation;
13.2.2. that the Property will only be used for the purpose of a holiday by you and your Guests and not for any other purpose;
13.2.3. that you will, and ensure your Guests will, show all due consideration and respect for the Owners and occupants surrounding the Property. This includes without limitation not causing damage to the Property or being dangerous, offensive, violent and anti-social towards such persons or parties;
13.2.4. to keep noise at an acceptable level with no outside noise and any music played inside must not disturb, hinder or cause a nuisance to any other persons or parties;
13.2.5. you will and ensure your Guests will, use the Property lawfully and will comply with any health and safety or other policies or instructions notified to you by the Owner in connection with the Property; 13.2.6. ensure you and your Guests take all reasonable safety and security measures at the Property including without limitation, no smoking in the Property and taking all reasonable steps to avoid the risk of fire and to keep the Property locked when unattended (including without limitation all doors and windows);
13.2.7. you will allow the Owner or its representatives to access the Property at any reasonable time during the Holiday Period;
13.2.8. you will keep the Property and all its contents, fixtures and fittings in the same state of repair and condition as at the Commencement Date, you will not undertake any maintenance or tamper with electronics, plumbing or heating and ensure at the Departure Date that the Property is left in the same state in which it was found at the Commencement Date and no internal furniture, fixtures or fittings are moved outside or relocated inside;
13.2.9. to report as soon as possible to the Owner or its representative any breakage or damage caused by you or your Guests during the Holiday Period. Without affecting any other rights or remedies that the Owner has under the Rental contract the cost of replacement or repair for such breakages or damage will be deducted from the Bond or if no Bond has been requested, or if the breakage or damage is more than the Bond, an invoice will be produced for the costs incurred in accordance with clause 9.4;
13.2.10. to act quickly and reasonably in respect of any problems or complaints arising at or in relation to the Property and bring these to the attention of the Owner as soon as reasonably practicable;
13.2.11. to arrive after 4:00pm on the Commencement Date and to vacate the Property by 10:00am on the Departure Date unless agreed otherwise with the Owner;
13.2.12. no person other than you or your Guests will use the facilities and amenities of the Property without the express permission of the Owner;
13.2.13. there is at least one responsible adult over the age of 18 staying at the Property who is responsible for the supervision of all members of your party under the age of 18. Children remain the responsibility of their parents or guardians at all times and you will ensure no one under 18 will access the courtyard area of Brosterfield Farm; 13.2.14. ensure that all rubbish and waste will be removed from the Property before the Departure Date and deposited in the rubbish bins provided by the Owner;
13.2.15. ensure that at no times will sofas be used as beds.
13.3. At the Departure Date, you agree to leave the keys/gate fobs in the same place as they were found at the Commencement Date. You remain responsible for your key to the Property and gate fobs at all times. If you lose a key or gate fob, £100 will be payable or deducted from the Bond.
13.4. You will remain responsible for all Guests staying at the Property and for all other visitors to the property and for their actions or omissions, even if you do not stay there yourself during the Holiday Period and the Owner shall, to the extent permitted by law, not have any responsibility for Guests or visitors to the property.
13.5. If you or any Guests fails to comply with the requirements set out above in paragraph 13.2, the Owner if it so decides, can refuse to allow you and your Guests to enter and stay at the Property or if it so decides can require you and your Guests to leave the Property before the Departure Date of the Holiday Period and in either case, you will be deemed to have broken the terms of the Rental Contract and paragraph 20 will apply.
14. OWNERS’ RESPONSIBILITIES
The Owner will:
14.1.1. allow you and your Guests enjoyment and use of the Property for the Holiday Period free of interruption except in emergency;
14.1.2. use reasonable endeavours to respond to queries, complaints and problems which arise during the Holiday Period and use all reasonable efforts to resolve them.
15.1. The Owner will only allow pets at the Property where this is expressly stated in the applicable Property description. If you take a pet to a Property that does not allow them or exceed the stated number or size of pet(s), the Owner can:
15.1.1. refuse to allow you and your Guests to enter or stay in the Property; or 15.1.2. tell you and your Guests to leave the Property before the end time of the Holiday Period. 15.2 An additional pet charge will be made for pets as set out in schedule 1.
15.2. If the Owner exercises its rights under paragraph 15.1, the Owner may end the Rental Contract in accordance with paragraph 20.
15.3. You will be liable for all damage caused by yours or your Guests pets. The Owner reserves the right to make an additional, charge for professional cleaning after you and your Guests have vacated the Property as a consequence of any pets that have stayed at the Property. Pets on beds are not allowed or on furniture within the Property and pets must not be left alone in the Property at any time. If you breach the terms of this paragraph 15.4, the Owner or its representative on its behalf, may inform you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your Guests to leave the Property before the end of the Holiday Period and paragraph 20 will apply.
16. OWNER’S WARRANTIES TO YOU ABOUT THE PROPERTY
The Owner warrants to you that:
16.1.1. they will maintain at the Owner’s expense, an insurance policy to meet the Owner’s liabilities under the Rental Contract with you;
16.1.2. the Property and the Owner will comply in all material respects with applicable laws and regulations, in particular, relating to fire, health and safety, planning and data protection; and
16.1.3. the Property is properly maintained, clean, tidy and in good repair at the Commencement Date.
17. OWNER’S LIABILITY
17.1. The Owner does not exercise or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents, subcontractors or for fraud or fraudulent misrepresentation. 17.2. If either you or the Owner fails to comply with the terms of the Rental Contract, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for the losses which are a foreseeable consequence of the failure to comply with those terms Losses are foreseeable where they were contemplated by you and the Owner at the time a booking was made.
17.3. Subject always to paragraph 17.1, the Owner’s liability to you in respect of all liabilities arising under or in connection with the Rental Contract, whether in contract tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the Rental Charges.
18. YOUR RIGHTS AS A CONSUMER
Nothing in this contract affects your legal rights as consumer. You can visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 for detailed information on your rights as a consumer.
19. YOUR RIGHT TO END A RENTAL CONTRACT
19.1. You may immediately end the Rental Contract if the Owner has told you about a material error in the Rental Charges;
19.2. You may immediately end the Rental Contract if there is a material error in the description of the Property relating to your Booking, and you notify the Owner promptly that you wish to end the contract when you become aware of it.
19.3. You will not be charged anything by the Business if this paragraph applies to the cancellation of your Booking.
19.4. Nothing in this paragraph affects or reduces your legal rights as a consumer.
20. OWNER’S RIGHTS TO END A RENTAL CONTRACT
20.1. The Owner may immediately terminate the Rental Contract with you if:
20.1.1. you and/or your Guests fail to comply with the obligations set out in paragraph 13.2; 20.1.2. you and/or your Guests fail to comply with the applicable rules on pets in accordance with paragraph 15;
20.1.3. you and/or your Guests breach any other terms of this agreement;
20.1.4. you fail to pay the Rental Charges (or any part thereof) or the Bond on the date that payment is due.
21. CONSEQUENCE OF THE RENTAL CONTRACT ENDING
21.1. If the Rental Contract is ended by you for any of the reasons referred to in paragraph 19, the Owner will refund to you the Rental Charges and any other amounts you have paid for the Booking within 14 days of the date you notify the Owner that you wish to end the Rental Contract. For the avoidance of doubt, the Owner shall have no liability for consequential losses you may have incurred.
21.2. In the event that the Rental Contract is terminated by the Owner in accordance with paragraph 20, the Rental Charges and all other charges relating to the Booking must still be paid and if the total price for any Booking has not been paid at the date of cancellation, you remain liable for any monies due and incurred and the Owner will be entitled to invoice you for such monies. Such invoices are payable by you within thirty (30) days of the invoice date.
21.3. If the Rental Contract ends during the Holiday Period in any circumstances you must (in addition to your obligations set out elsewhere in this agreement):
21.3.1. promptly leave the Property together with all Guests;
21.3.2. notify the Owner or its representatives that you and your Guests have left the Property and the reasons for doing so; and
21.3.3. return the keys/gate fobs to the Owner.
21.4. Nothing in this paragraph 21 affects or reduces, your legal rights as a consumer.
22.1. If you have any complaints about the Property, you should contact the Owner by telephone as soon as possible.
22.2. Nothing in this complaints section will affect your legal rights or any right you may have to bring legal proceedings against the Owner under a Rental Contract.
23. WRITTEN COMMUNICATIONS
You agree to receive communications from the Owner electronically and that electronic communications will satisfy any legal requirement for communications in writing.
24. RIGHTS AND LAW
24.1. The Owner intends to rely on the Booking Conditions. You and the Owner will be legally bound by the Booking Conditions.
24.2. In these Booking Conditions, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expressions) will not limit the meaning of the words appearing before such expression.
24.3. The Owner reserves the right to transfer its rights and obligations under these Booking Conditions to another organisation. The Owner will contact you if this happens and if you are unhappy with the transfer you may contact the Owner to end this contract within 14 days of the Owner telling you about it and the Owner will refund you any payments you have made in advance.
24.4. If the Owner is prevented or delayed from complying with any obligations under these Booking Conditions by anything you, or anyone acting on your behalf does or fails to do or due to events or circumstances beyond the reasonable control of the Owner, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include pandemics, fire, flood and other acts of God, strikes, trade disputes, black outs, riot, accidents, disruption in energy supplies, civil communication acts of terrorism or war
24.5. You need the written consent of the Owner to transfer your rights to someone else. You may only transfer your rights or your obligations under a contract made under these Booking Conditions to another person if the Owner agrees to this in writing.
24.6. If a court finds any of these Booking Conditions illegal, unlawful or unenforceable the rest will continue in force and effect. Each of the paragraphs of these Booking Conditions operates separately. 24.7. Even if the Owner delays enforcing a contract made under these Booking Conditions, the Owner can still enforce it later. If the Owner does not immediately insist that you do anything you are required to do so under these Booking Conditions or the Owner delays in taking steps against you in respect of you breaching the contract that will not mean that you do not have to do those things and it will not prevent the Owner taking steps against you at a later date.
24.8. These Booking Conditions and the Rental Contract are governed by English law and you can bring legal proceedings in the English and Welsh courts.
25.1. The following definitions apply in this paragraph 25:
Coronavirus: the disease known as coronavirus disease (COVID-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Coronavirus Events: an event or delay caused by, or arising from or in relation to, a Coronavirus epidemic or pandemic that prevents or delays the performance of any obligations under this agreement including (but not limited to)
a) legal restriction by the Government on your ability to travel to the Property; or
b) restriction on the Property being let by the Government.
In each case which involves both you and all of the Guests being unable to attend.
Coronavirus Event Cessation Notice: a notification under clause 25.2 that a Coronavirus Event that was preventing or delaying completion, or the performance of any other obligations under this contract, has ceased to have that effect.
Government: local, regional or central government.
Suspension of remedies
25.2.1. If, due to a Coronavirus Event, a party (Affected Party) is prevented from, or delayed in:
carrying out any of its obligations under this agreement; and
neither party shall be in breach of this agreement or liable for any failure to perform, or any delay in performing, any of its obligations under this agreement that are prevented or delayed by that Coronavirus Event save as set out in this clause 25. 25.2.2. You and the Owner agree with each other that each shall:
notify the others as soon as reasonably practicable after becoming aware of a Coronavirus Event that will prevent or delay the Affected Party from performing any of its obligations under this agreement and that notice shall include details of that Coronavirus Event;
use all reasonable endeavours to mitigate the effect of any Coronavirus Events on the performance of its obligations.
25.3. If you or any guest is required under law to remain in the Property in accordance with the law, you will pay on demand a sum equivalent to the Owners’ reasonably incurred costs.
25.4. In entering into this agreement, you agree that you are aware of travel insurances and that you are aware of the risk of significant uninsured costs, in the event you do not take out suitable insurance.
26. You agree that in the event you do not visit the Property or otherwise exercise your right to stay in the Property (whether due to a Coronavirus Event or otherwise) you are liable for the full charges under this agreement (unless otherwise specified under this agreement).
Pet charges per dog