Welcome to www.elmsfarmcottages.co.uk (the “Site”) and these terms and Conditions are provided as part of your booking at Elms Farm Cottages (“we”, “our” or “us”, as applicable).
These Terms and Conditions are published on our Site and are provided as part of your booking at Elms Farm Cottages of the holiday Cottages known as the Stables, Oak, Elm, Yew, Ash, Beech, Holly, Walnut, Willow, Acorn and Pheasant cottages. Within these Terms and Conditions, the term “Cottage(s)” applies to whichever of the Cottage(s) you occupy.
1.1 You can make a booking by calling us on 01205 290840 or by submitting a booking form online. By making a booking, you are entering into an agreement with us that is subject to these Terms and Conditions for holiday rental of the Cottage(s).
1.2 The booking is with the named lead guest on the booking form. The lead guest must be aged 18 years or over at the time of booking and is responsible in ensuring all members of the party are notified of and agree to these Terms and Conditions. This includes any day visitors whose visit must be pre-agreed with Elms Farm Cottages.
1.3 We reserve the right to refuse any booking.
1.4 We require a list of ALL guest names, children’s ages and contact details prior to arrival.
2.1 Our preferred method of payment is by Bank Transfer. Debit card or credit card payments can be made through the secure online booking system on our website. If you prefer to pay by cheque please make it payable to “Elms Farm Cottages”.
2.2 If your booking is less than 8 weeks before your stay, you must pay the total amount of your booking (“Rental Charge”). Upon receipt of payment, a confirmation of your booking and an invoice will be sent to you.
2.3 If your booking is more than 8 weeks in advance of your stay, you must pay 50% of the Rental Charge. The remaining balance must be paid no later than 8 weeks before your arrival.
2.4 Your booking is not confirmed until the initial payment set out in clause 2.2 or 2.3 as applicable has been received for each Cottage booked. £50 of your Rental Charge for each Cottage booked is a non-refundable booking fee (see clause 3 below)
2.5 We are permitting you to occupy the Cottage and use its contents for the period shown in the confirmation invoice (the “Holiday Period”).
2.6 When a booking is confirmed by us, you become liable for the balance of the Rental Charge for the Holiday Period. Non-payment of the balance monies when they become due will constitute cancellation of the booking and the provisions of clause 3 will apply.
3. CANCELLATIONS BY YOU
3.1 You are strongly advised to take out your own holiday cancellation insurance cover before booking. If you choose not to take out UK holiday travel insurance you are accepting responsibility for any loss you may incur due to your cancellation.
3.2 Cancellation of a booking must be notified by you to us as soon as possible either by telephone (01205 290840) or email (firstname.lastname@example.org). The effective date of the cancellation will be the date that the notification is received by us (the “Cancellation Date”).
3.3 If the Cancellation Date is more than 8 weeks prior to the commencement of your Holiday Period, the £50 Booking Fee for each Cottage will be deducted from the Rental Charge and the remainder will be refunded to you.
3.4 If the Cancellation Date is between 2 and 8 weeks prior to the commencement of your Holiday Period, the full Rental Charge will be due. If we are able to re-let the Cottage for the whole rental period at the full rate, we will refund the Rental Charge received from you less the £50 Booking Fee. If we are able to re-let the cottage for part of the cancelled period, we will refund the part Rental Charge received to you less the £50 booking fee.
3.5 If you cancel 2 weeks prior to the commencement of your holiday no refund will be due to you as we are unlikely to re-let the cottage(s) at such short notice and we will have incurred costs related to your booking. For this reason, we strongly recommend you take out UK holiday travel insurance cancellation cover.
4. EVENTS OUTSIDE OUR CONTROL
4.1 If your booking is cancelled by us, caused by an act or event beyond our reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, nuclear, chemical or biological contamination, any law or any action taken by a government or public body, collapse of buildings, fire, explosion or accident will be classed as an “Event Outside Our Control”.
4.2 If we have to make alterations to your booking due to an Event Outside Our Control, we will contact you as soon as reasonably possible to notify you and arrange an alternative date for your stay. If such alternative arrangements are not satisfactory to you, a full refund will be made of any payments made by you to us.
4.3 If your booking is cancelled by you if any, some or all of your cottage occupants are unable or disinclined to travel to and stay at our cottage(s) for any reason. This may include, but not be limited to, illness (including Covid), the requirement or recommendation to quarantine or self-isolate, jury duty, held in custody or prison, change in personal or work circumstances, a family emergency, travel delays, vehicle breakdown, and delays with public transport. These reasons remain at your risk and do not give the right to cancel or to receive a refund unless we re-let the property. Again, you are strongly recommended to take out UK travel insurance to cover these eventualities, and if you choose not to take out UK travel insurance you accept responsibility for any loss that you may incur due to your cancellation.
4.4 In the event of a UK government National Lockdown that coincides with your holiday date your booking will be cancelled and you will receive a full refund.
4.5 In the event of a UK government Regional Lockdown that coincides with your holiday date we will take the address from your Cottage booking form to confirm if you are within a Regional Lockdown area. A full refund will be given if this address is within the Regional Lockdown area.
5. OUR COTTAGES
We aim to ensure that the Cottages are accurately conveyed in the Site, brochure and advertisements. There may be small differences between the actual property and its description as we are always seeking to improve our services and facilities.
6. YOUR RESPONSIBILITIES
6.1 You should arrive at your Cottage between 3.00pm and 6.00pm on the arrival date and vacate by 10.00am on the day of departure. If your arrival is delayed, you should advise us as soon as possible so that alternative key collection arrangements can be made.
6.2 During the Holiday Period:
6.2.1 you must keep the Cottage and all furniture, fixtures and fittings in the same state of repair and condition as at the commencement of your Holiday Period and ensure that you leave the Cottage clean and tidy upon departure. We reserve the right to charge reasonable costs to cover additional cleaning if you leave the Cottage in an unacceptable condition;
6.2.2 you must report as soon as is possible to us any breakages or damage caused by you or any other person occupying the Cottage during the Holiday Period. If, as a result of such damage, the Cottage or any of its contents need to be repaired or replaced then you will be responsible for paying the reasonable costs of doing so;
6.2.3 you shall be liable for any loss, costs, expenses or claims arising from any damage caused to the Cottage and/or its contents by the deliberate or negligent acts or omissions of you or any other person making use of the Cottage during the Holiday Period;
6.2.4 you must not use the Cottage or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry out any act that may be a nuisance or annoyance to us or to any neighbours;
6.2.5 the Cottage must be occupied solely for holiday or business use;
6.2.6 no right to remain after the end of an agreed Holiday Period exists for you or any other person making use of the Cottage. You warrant that all persons will vacate the Cottage at the conclusion of the Holiday Period;
6.2.7 only the guests named on the Booking Form may occupy the Cottage;
6.2.8 you must allow us access to your Cottage at any reasonable time during your stay;
6.2.9 sub-letting of the Cottage is strictly prohibited; and
6.2.10 smoking is not permitted in any part of the Cottage.
6.3 If any keys issued are not returned at the end of your Holiday Period then the reasonable cost of replacement will be charged to you.
6.4 In the event that you fail to comply with the requirements set out above in this clause 6, we can refuse to allow you to enter and stay at the Cottage or can require you to leave the Cottage before the end of the Holiday Period. In either case, it will be treated as a cancellation by you and the provisions set out in clause 3 (Cancellations by you) will apply.
6.5 We cannot accept responsibility for:
6.5.1 breakdown in public or local supplies, including water or electricity, nor any claims against inconvenience caused by building works that may be deemed as necessary by us. In the case of any breakdown, you must notify us immediately;
6.5.2 the security of your property or that of any third party or guest, and any property which is brought into the Cottages or the Car Park or any of the grounds is at your own risk though we will do our utmost to look after it. Our insurance does not include loss or damage to personal possessions belonging to you or your guests either within the Cottages, car parking areas or any of the grounds.
7.1 Dogs are only allowed at Cottages where this is expressly stated in the applicable Cottage description. Dogs are prohibited in Stables, Elm and Acorn Cottages.
7.2 Registered assistance dogs are allowed in all Cottages, even where the Cottage description states that dogs are not allowed. You must notify us of the intended presence of any assistance dogs, with evidence of registration, prior to making a booking.
7.3 Where dogs are allowed, they must be pre-booked and there is an additional charge per dog (except where the dog is an assistance dog).
7.4 If you take a dog to a Cottage that does not allow them or exceed the maximum number of 2 dogs then we have the right to refuse to allow you to enter or stay in the Cottage or ask you to leave the Cottage before the end of the Holiday Period.
7.5 If you have an allergy to dogs, contact us when making a booking to ensure that an assistance dog has not stayed in a particular Cottage recently. If you fail to do so, we cannot accept responsibility for any suffering which may occur as a result of such animals having been recently present in a Cottage.
7.6 The following dog terms apply:
7.6.1 Dogs must not be left unattended in or at the Cottage or elsewhere at any time;
7.6.2 Dogs must always be kept on a lead;
7.6.3 It is your responsibility to clear up any dog fouling. Failure to meet this condition will be treated as a cancellation by you and there will be no refund of any payments made;
7.6.4 Dogs are not allowed on furniture, beds or chairs within the Cottage; and
7.6.5 You must pay for any damage caused by your dog(s). Any damage is to be reported to us immediately.
8.1 In consideration for your custom, wireless internet access (the “Service”) is provided free of charge to you during the Holiday Period on the terms set out in this clause 8.
8.2 We do not guarantee the availability of the Service, the speed at which information may be transmitted or received via the Service, or that the Service will be compatible with your device.
8.3 We do not recommend the use of any websites or other internet related services (“Internet Services”) and your use of the Service is carried out entirely at your own risk. Accordingly, we have no responsibility for, or control over, the Internet Services you access the and information you transmit or receive via the Service, and we do not guarantee that any Internet Services are error or virus free.
8.4 You must not use the Service to access Internet Services, or send or receive e-mails, which:
8.4.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
8.4.2 contain obscene, profane or abusive language or material,
8.4.3 contain pornographic material;
8.4.4 contain offensive or derogatory images;
8.4.5 contain material which infringe third party’s rights (including intellectual property rights); or
8.4.6 are otherwise unlawful or inappropriate.
8.5 You must not use the Service to engage in activity which constitutes or is capable of constituting a criminal offence. You acknowledge and agree that we are entitled to co-operate with law enforcement authorities in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of information.
8.6 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
8.7 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this clause 8.
8.8 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the Service in breach of the terms in this clause 8.
8.9 We have no responsibility, to the extent permitted by law, to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the Service or inability to use or access the Service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise in relation to your use of the Service.
9. OUR LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights. Otherwise, in no event whatsoever shall our liability to you exceed the Rental Charge.
10. OTHER TERMS
10.1 For your security, our grounds are covered by CTTV which is monitored by us.
10.2 The copyright of the material contained in our Site belongs to us. Images and text on the Site are protected by copyright and may not be reproduced or appropriated in any manner without our written permission.
10.3 These Terms and Conditions and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual claims or disputes) shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
By making a booking with us, you and your guests are confirming and accepting these Terms and Conditions.