Term & Conditions for a Guest Booking a Property
1.1 When the following words commencing with a capital letter are used in these Terms, this is what they will mean:
“Accommodation” the period of time for which the accommodation will be provided at the
Property as set out in the relevant Booking.
“Arrival Date” the date and time on which the Accommodation will be made available to you.
“Balance Due Date” 40 days prior to the Arrival Date, except in circumstances where Bookings are
accepted less than one month before the Arrival Date, in which case full payment is due upon
Booking (see clause 6.5)
“Booking” your request for a reservation for Accommodation submitted through the Website or by
direct telephone contact with the Owner.
“Booking Deposit” the sum of 20% of the Accommodation tariff required from you when making
the Booking to secure the Property.
“Business” Rivermead Farm, Twowatersfoot, Likeard, Cornwall PL14 6HT Tel 01208 821464
“Departure Date” the date and time on which the Accommodation will end and you must vacate
“Events Outside our Control” as defined in clause 9.
“Owner” the Owners of the Property.
“Property” the property provided for holiday letting purposes, details of which are available on the
“Property Specific Terms” specific restrictions applicable to a Property as provided to you by the
“Terms” the terms and conditions set out in this document, the Property Specific Terms and any
other terms provided to you by us. “we/our”- Rivermead Farm Cottages, Rivermead Farm,
Twowatersfooot, Liskeard, PL14 6HT Tel: 01202 821464
1.2 When words used are “writing” or “written” in these Terms, this will include e-mail.
2. OUR CONTRACT WITH YOU
2.1 These are the Terms and Conditions on which the Accommodation is supplied to you.
2.2 The Property is the property as detailed in the Booking and cannot be changed with any other Property without our prior written agreement.
2.3 Please ensure that you read these Terms carefully, and check that the details on the Booking (including the arrival Date) and in these Terms are complete and accurate, before you submit your Booking. If you think that there is a mistake or require any changes please contact us to discuss. We will confirm any changes in writing to avoid confusion between you and us.
2.4 When we receive the Booking we will send you a Booking confirmation email to confirm your Booking.
2.5 These Terms will become binding on all parties when we issue you with confirmation of your Booking via email, at which point a contract will come into existence between the two parties.
2.6 If any of these Terms conflict with any term contained within the Booking, the acceptance of a Booking, or the Property Specific Terms, these terms will take priority.
2.7 If you make a Booking over the phone then these Terms will apply to such Booking.
2.8 The maximum number of people who can stay in the Property, including babies and children, will be notified to you as part of the Booking process or as included in the Property Specific Terms shown on the Website. You guarantee that you will not exceed that number. If you do exceed the number you will not be allowed entry or will be required to leave with no notice period and no monies will be refunded.
2.9 Unless otherwise stated in the Property Specific Terms, or agreed by us, the Property shall be available to you at 4pm on the Arrival Date until 10am on the Departure Date. Arrivals must be before 21.00hrs, if not, entry will not be permitted until 09.00 the following day. You guarantee that you will arrive at and leave the Property within the times stated. Your Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge in the event that you arrive before 4pm on the Arrival Date or if you have not left the Property by 10am in the agreed Departure Date.
2.10 Any illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change.
2.11 The tourist attractions and restaurants that may be shown on our website or in the media are outside our control. If you wish to carry out any activity we recommend that you book the activity or restaurant with the relevant provider.
2.12 You confirm that you are over the age of 21.
3. OWNER’S CONTRACT WITH YOU
3.1 Once we confirm your Booking we agree to provide Accommodation in accordance with clause 5.
3.2 We agree to meet the minimum standards as required to ensure the Property is suitable for Accommodation including but not limited to health & safety measure, basic facilities and maintenance of the same.
3.3 You or us can cancel this contract in accordance with clause 10 and 11.
4. CHANGES TO BOOKING OR TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
4.1.1 changes in how we accept payment from you;
4.1.2 changes in relevant laws and regulatory requirements;
4.1.3 if we have a valid commercial reason to do so.
4.2 If we have to revise these Terms under clause 4.1 we will give you at least 14 days written notice of any changes under these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
4.3 You may request a change to the Booking for Accommodation by contacting us. Any changes to the Booking:
4.3.1 are permitted at the sole discretion of the Owner.
4.3.2 that results in a change in the total price of the Accommodation, we will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.
4.3.3 If you wish to cancel a Booking before the start date for Accommodation, please see your right to do so in clause 10
5. PROVIDING ACCOMMODATION & RESTRICTIONS
5.1 We will supply the Property to you for the period set out in the Booking.
5.2 Access to the Property is subject to your adherence to the terms of this Agreement and the Property Specific Terms, where provided.
5.3 We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside our Control. See clause 9 for our responsibilities when an Event Outside our Control happens.
5.4 If you do not pay us for the Property when you are supposed to, access to the Property will not be permitted.
5.5 Broadband internet access is offered in the properties. Broadband service is on the basis that we do not promise that the service will be available constantly and that it is provided for recreational use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and we will not be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services not being available or failing.
5.6 Various amenities are offered with the properties such as fishing on our private stretch of the river Fowey, fitness trail, lake and outdoor games. Where amenities are available you acknowledge use of the amenities will be at your own risk and we do not have or accept responsibility for accidents or loss or damage to any guest’s property whilst using the amenities.
5.7 If agreed at the time of booking a maximum of 2 dogs are allowed in Farm Cottage, Bluebell, Salmon, Kingfisher and Oaktree apartments. No dogs are permitted in Owl or Otter lodges. No other pets are permitted at Rivermead Farm. If we discover pets have been brought to Rivermead Farm which the Guests did not disclose at the time of Booking, you will be asked to leave and no refund of any monies given.
5.8 Where we have given our express permission for you to bring your dog onto the property there will be an additional charge of £30 per dog for up to 7 days and £40 per dog for up to 7 - 14nt stays, £60 per dog for 14 – 21nt stays and £80 per dog for 21 – 28nt stays. You must not exceed the number of dogs in the Property permitted by the Owner at any time. Dogs must not be left unsupervised in the Property or left at Rivermead Farm if guests go away from the Property, if we find that you do not adhere to this rule you will be asked to leave with no monies refunded. Dogs are not permitted
in the bedrooms or on the furniture. If you do so you will receive an invoice for any damage caused or loss suffered for damage caused by your dog. Any dog fouling must be uplifted immediately in a plastic bag, secured and disposed of in the pet waste bin.
5.9 Smoking is not permitted in any part of the Property, smoking is permitted outdoors providing extinguished cigarette stubs are disposed of correctly, either in ashtrays on the garden bench table outside your Property or in the outdoor refuse bins.
5.10 Taking drugs of any classification, other than prescribed medication, is not permitted in either the Property or in the Rivermead Farm grounds.
5.11 You may not deep fat fry food on the hob using a pan of hot oil.
5.12 You may not burn candles or have any naked flames in the Property.
5.13 You shall take proper care of the Property and its contents whilst staying in the Property and the owners reserve the right to charge you for any breakages, damage caused or loss suffered or if the Property and its contents are not left in the same state in which it is found at the begining
of the rental.
5.14 You shall ensure the Property is left clean and tidy and in the same state of cleanliness and order as found on the Arrival Date. All rubbish must be placed in bags and then deposited in the red Eurobin at the outside bin store. If you have moved furniture within the property it must be returned to its original position before vacating the Property. On the rare occasion that it is necessary, if additional cleaning charges are incurred, outwith the normal changeover cleaning charge, guests will be required to pay the additional charge on receipt of an invoice from us. We will notify you within 2 business days if there is an additional charge.
5.15 Any Property Specific Terms provided to you upon Booking shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles us to cancel the contract.
6. PRICE AND PAYMENT
1. The Booking Price will be set out at the time you place your Booking and at the time we confirm your Booking.
2. All payments may be made either by cheque made payable to Rivermead Farm and posted to our Business address or by bank transfer. If this is your chosen method we will give you bank details.
3. Where VAT is chargeable, it is included in the sum quoted. If the rate of VAT changes between the date of Booking and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Accommodation in full before the change in the rate of VAT takes effect.
4. You must pay a minimum 20% Booking Deposit as notified to you at the time of Booking. The remaining balance of the Booking Price must be paid by the Balance Due Date, unless the Booking is made less than 40 days before the Arrival Date, in which case the full balance of the Booking Price must be paid at the time of Booking.
5. We will notify you a week before the Balance Due Date that payment is due. If payment is not made by the due date we will email a reminder however if the payment is not made by one month prior to the arrival date we will reserve the right to cancel the Accommodation and terminate this contract and any monies paid will not be refunded.
6. Upon receipt of full payment we will provide you with directions and arrival instructions etc. Booking Price includes the Property, electricity and linens, gas (in Owl & Otter lodges) and one basket of logs in Farm Cottage
7. LEGAL RIGHTS AND COMPLAINTS
We are responsible for the state of the Accommodation upon your arrival. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7.1 in the event of a complaint about the Property:
7.1.1 you must first raise your complaint directly with us whilst staying at the property. If this is not adhered to we will not consider the complaint.
7.1.2 We will do everything reasonable to resolve the issue within 36 hours to reach a satisfactory resolution for both parties. If a tradesman is required to visit we cannot always guarantee to resolve the issue within the timescale, as it is an Event Outside our Control.
7.2 If the Owner raises a complaint against you, you must take all reasonable steps to resolve the issue, satisfactory to both parties.
8. OUR LIABILITY TO YOU
8.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs/accidents when fishing.
8.2 We do not exclude or limit in any way our liability for:
8.2.1. death or personal injury caused by our negligence;
8.2.2. fraud or fraudulent misrepresentations;
8.3 We do not have any responsibility or liability to you (other than outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
8.4 We do not have any responsibility or liability to you for any acts or omissions (including building work) by third parties which may affect or disrupt your enjoyment or use of the Accommodation.
8.5 We supply the Accommodation for domestic and private holiday use. You agree not to use the Accommodation for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We shall not be in breach of this Agreement nor liable for delay in performing, or failing to perform, any of our obligations under this Agreement if such delay or failure results from events, circumstances or causes (including travel and other restrictions or prohibitions imposed by any government or public authority) beyond our reasonable control (Events Outside Out Control)
9.2 For the avoidance of doubt;
i) Building work undertaken by a thrid party shall be an Event Outside Our Control;
ii) This clause will apply to weather conditions only for so long as there is a severe weather warning issued by the MET Office for the area of Rivermead Farm.
9.3 For so long as there shall be an Event outside Our Control, the time for performance of our obligations during the period selected for your Booking shall be postponed; but on no account shall you be entitled to stay on at the Property after your Departure Date.
9.4 If any Events Outside Our Control occur we will not refund you the Booking Price or any part. It is your responsibility to ensure that you have adequate travel and holiday insurance in place to cover any loss or damage that you may suffer as a result of cancelling your stay at the Property or being unable to take your stay.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 You may cancel a Booking at any time prior to the Arrival Date by contacting the Owner. We will confirm your cancellation in writing to you. You may be liable to pay the Booking Price in whole or in part as set out in clause 10.3 & 10.4 below.
10.2 Your Deposit payment is non-refundable when cancelling at any time.
10.3 Your Balance payment, if paid, is refundable where you cancel more than 41 days before Arrival Date.
10.4 If you cancel a Booking 40 days or less before the Arrival Date and you have paid the Balance Payment;
i) if we are able to rebook the Property with another customer for the Booking Price then you will receive a 70% refund of the Booking Price.
ii) If we are only able to book the Property at a lower price than the Booking Price, then you will receive the sum at which the Property is booked minus the Booking Deposit.
iii)if we are unable to book the Property you will be charged 100% of the Booking Price.
10.5 if the Balance Payment has not been paid the holiday will be cancelled, the Booking Deposit will not be refunded.
10.6 Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these terms under clause 4.2 and you elect to cancel the contract (except where we have been affected by a Event outside Our Control), you do not have to make any payment to the Owner and they will refund in full all monies paid.
10.7 After the Arrival Date you may only cancel the contract for Accommodation by giving us notice if
we break this contract in any material way.
11. OWNERS RIGHT TO CANCEL
If we cancel the Booking before the Arrival Date you will have the option to either have a full refund, reschedule to another date, further monies will be due if the period attracts a higher Booking Price or we can hold funds on account until you find a suitable alternative date for Booking at Rivermead Farm. (up to 12 months ahead)
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us to provide the chosen Property. Except in the Business being sold when we will pass your details to the new Owner as required for the on-going operation of the Business, we will not pass your data to any third party.
13. OTHER IMPORTANT INFORMATION
13.1 This contract is between you and us.
13.2 no-one other than those named on the Booking may enjoy the Accommodation. Occasional Day visitors may be allowed but only with our prior permission however they are not permitted to fish during their visit and must leave Rivermead Farm by 2200hrs.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, it will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
13.5 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland