Cottage in the Dales Terms and Conditions as from 3 November 2021
(Section 2f is the only update since terms dated 14 February 2021)
1. THE CONTRACT
The website (https://www.cottageinthedales.co.uk), brochures & terms of any special offers form part of the contract between ‘us/we’ (Cottage in the Dales) & ‘the guest/you’ (the individual person named on the reservation form) under the following terms in this document. The brochure & website are as accurate as possible but cannot be warranted, nor do the descriptions form any contract. Whilst every reasonable effort is made to ensure accuracy of property descriptions & images, the facilities & services may alter. We reserve the right to alter or improve any of the subjects without notice and advise you as quickly as reasonably possible. The law of England will govern the contract & any statutory rights are not affected by anything contained in these booking conditions. The contract for all reservations is contractually binding once confirmed in writing. In the event that any individual term or clause stated in these terms and conditions of holiday let is not permissible by law, the remainder of the agreement shall remain valid.
Inglenook Cottage, The Byre & The Dairy are hired on the express understanding that the cottage is for holiday use only during the dates booked & no right to remain in the cottage exists for you or anyone in your party. The guest whose name is on the booking form agrees to take full responsibility for ensuring that all these terms & conditions are adhered to by all members of the party & all have appropriate travel insurance in place. The guest must personally stay at the cottage throughout the holiday & be at least 18 years of age at the time of booking. The names, addresses & ages of all members of the party must be shared with Cottage in the Dales on request. Cottage in the Dales refers to any or all of Inglenook Cottage at West Burton, The Byre & The Dairy at Eastburn Farmhouse, Newbiggin.
2. BOOKING & PAYMENT
When you submit a booking via our online reservation system you will receive an automatically generated booking request summary to the email address you provide in the booking form. As stated, this is a booking request only and does not form a contract. This booking request includes a requirement to agree that you have read the terms and conditions of making a booking with us.
(a) Contract: All reservations are contractually binding once we confirm in writing to you by email (or post if requested). This will be done after receipt of the completed online booking form and receipt of a deposit of £200 per week or part week. The written confirmation also includes a copy of these reservation terms and conditions.
(b) Multiple Cottages: In the event that two or more parties are taking a single cottage together, or more than one cottage, the booking is to be made under a single name (the guest), who shall be responsible for all payments and damage.
(c) Deposits: must be received within 7 days of the reservation request or we may re-advertise the availability on our website.
(d) Payments: can be made by bank transfer, personal UK sterling cheque & Visa/Mastercard, but not American Express or PayPal. Payment must be received within 7 days of the reservation being placed. The booking will not be confirmed until the cheque has been cleared or credit card payment has been received. Hence credit card & cheque payments cannot be accepted within 2 weeks prior to the arrival date. Only bank transfers accepted within this 2 week timeframe before arrival date.
(e) Charges: Any charges raised against Cottage in the Dales by a guest’s bank for handling dishonoured cheques, bank transfers or other payments or shortfalls will be passed onto the guest.
(f) Final Balance (variations for 2021, 2022, 2023 & beyond): No email reminder will be sent unless specifically requested by you. If your payment has not been received by the final balance deadline referenced below we will assume that you wish to cancel & we will confirm this cancellation in writing to you. If the booking is made within the final balance deadline referenced above, then payment will be due in full.
(i) 2021: Due to the uncertain changing Covid-19 situation the final balance is due by 2 weeks (14 days) before any arrival date in 2021.
(ii) 2022: Due to the continuing changing Covid-19 situation the final balance is due by 4 weeks (28 days) before any arrival date in 2022.
(iii) 2023 & beyond: The final balance of the holiday rental is due by 8 weeks (56 days) before any arrival date in 2023 and beyond.
(g) Arrival Pre-requisites: No entry to the property will be allowed without a completed booking form and payment in full, which must have cleared before arrival. Cottage in the Dales reserve the right not to accept a booking or to refuse entry if any booking conditions are not met.
(h) Communication: All correspondence will be via email unless postal correspondence is specifically requested at the time of booking. We do not warrant, and are not responsible for, the accuracy of any verbal information given or any statement made by our staff.
(i) Dietary/Accessible/Inclusive Requirements: Please inform us at the time of booking if you have any special requirements eg allergies or accessibility requirements, so we can advise of the facilities available. This allows you to make an informed decision as to whether or not the cottage meets your individual needs, as everyone is different. We provide a range of complimentary dietary options for the welcome tray, & accessible equipment & services, all of which must be booked in advance of arrival, confirmed in writing to you. The equipment & services will be ready for your arrival.
Cancellations must be immediately notified to us by phone and confirmed in writing. The treatment of a cancellation will depend on the date the booking was made and when the cancellation is made in relation to your arrival date.
(a) Covid-19. If you are unable to travel because of a government imposed national lockdown, or because the government places the address given on the booking form into a ‘tier’ with a ‘do not travel’ restriction, you will have a choice of :
(i) Postponement to a later date subject to availability. Monies already paid will be transferred in full towards the new booking, at the price pertaining to the new dates…..OR….
(ii) Receive a full refund of the accommodation costs. Reimbursement of refund will be in line with (3e) terms below.
(iii) This postponement/refund guarantee applies only to the address given by you on the booking form at the time of booking, the date this address is put into the higher tier, and when the travel restriction coincides with the period of your holiday.
(iv) The refund guarantee does not cover you, or members of your party, for being unable to travel due to illness, ‘track and trace’ alert, self-isolation or quarantine requirements. These situations can be covered by you arranging suitable travel insurance. See (3d) below.
(b) Other reasons: In the event of a cancellation not listed under the Covid refund guarantee outlined above, we will endeavour to re-let the property for the dates of your reservation.
(i) If we are able to re-let the dates at the same price, we will refund the payment you paid, less an administration fee of 10% to cover our costs,
(ii) If we are able to re-let the dates for a lower price, we will refund the payment you paid, less the reduction in re-let amount received and less an administration fee of 10% to cover our costs.
(iii) If we are unable to re-let at all, you remain responsible for the payments already made and there will be no refund under any circumstances.
(c) Cancellation / Personal Travel Insurance: We do not offer cancellation insurance. It is your responsibility to acquire suitable travel insurance for you and your party to cover the booking and circumstances beyond you and your party’s control such as, but not limited to, jury duty, incarceration, change in personal or work circumstances, military service, illness – including Covid and shielding, family emergencies and travel delays. Covid is now a known risk and it is possible for you to insure your holiday. This can include you or any of your party having Covid, having to isolate or quarantine, or wishing to shield any members of the party. There are several options which include cover for Covid related cancellations available from organisations such as the following (though be aware these are not recommendations from us, just information received from Professional Association of Self-Caterers, provided as examples) https://www.trailfinders.com/insurance#/step1 or https://www.coverwise.co.uk/Travel-Insurance/corona-virus.aspx or www.gocompare.com. If you choose not to purchase travel insurance, then you accept responsibility for any loss that you may incur due to the cancellation that is not covered above.
(d) All refunds will be reimbursed immediately after the departure date of the original reservation.
(e) If your cut short a holiday, for whatever reason, you remain liable for all monies already paid without recourse for refund for unused nights.
(f) Unavailable: If the cottage booked becomes unavailable or unusable for some reason prior to your arrival, we will notify you immediately & offer an alternative cottage/dates. If not available or convenient for you, we will refund you with any monies paid for the cottage.
4. CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER (FORCE MAJEURE)
If, for any reason, we have to cancel your booking due to circumstances beyond our control, eg, fire, flood, exceptional weather conditions, property damage, known as force majeure, you will have the choice of either arranging new dates subject to availability, or a full refund of the booking. If we have to terminate your holiday early for the above reasons you will be relocated, credited or refunded part of the booking fee based on the pro-rata number of nights remaining of your booking. This will be the full extent of the liability of Cottage in the Dales. No additional compensation, expenses or costs will be payable.
As far as the law of England allows, Cottage in the Dales, its employees and representatives shall not be liable to you or your party for loss, damage or injury to you or any of your party or your/their personal property or vehicles as a consequence of this agreement or the occupancy of the cottage. You indemnify Cottage in the Dales against loss, damage or injury sustained to the property or any persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.
(a) Arrival/Departure times: You may access the property from 4pm on the day of arrival and departure is by 10am on your final day. Early arrivals before 4pm and/or late departures after 10am are strictly by prior agreement only in writing. We need the changeover time to ensure that the cottage is ready for your arrival after the previous guests have departed. For 2021, given the government Covid cleaning protocols we must follow, and to ensure your safety and ours, it is therefore unlikely we will be able to confirm any early arrivals or late departures.
(b) Purpose: The booking agreement confers the right to occupy the cottage for the agreed period only for the purpose of a holiday. You undertake to use the cottage solely for this purpose and to accept our right to refuse access to the accommodation to any person, whether it is you or a member of your party or other person, deemed unsuitable. Causing a nuisance or disturbance to neighbours or any unreasonable behaviour may result in us requiring you and/or your party to leave the cottage immediately without recourse to compensation or refund.
(c) Maximum Occupancy: The number of persons occupying (staying overnight) at any of our cottages is not to exceed the number of people as stated on the Cottage in the Dales website/booking form. This is normally up to 4 adults (and 1 infant using a cot) at Inglenook Cottage and up to 2 adults (and 1 infant using a cot) at The Byre or The Dairy, by prior arrangement. Inflatable or camp beds in the cottages or camping/tourers in the gardens/courtyards are not allowed.
(d) Day Visitors: Any persons other than members of your party must not enter the cottage, garden or grounds for any purpose eg day visitors, family meals, family celebrations, weddings, funerals, unless by prior arrangement with Cottage in the Dales, to be agreed in advance in writing. We reserve the right to refuse admittance if this condition is not observed.
(e) Permission: If you alter the party without prior request and/or if additional visitors are given unauthorised access to the cottage, garden or grounds, this failure to observe and adhere to the above conditions will result in you, members of your party and your visitors being asked to vacate the cottage with immediate effect, without recourse to compensation or refund.
(f) Risk/Liability: The use of the cottages, gardens and any facilities is entirely at the risk of you and your party. No liability is accepted by Cottage in the Dales for loss, theft, damage, sickness or injury, howsoever caused which may be sustained during the holiday to you or to any member of your party, any car & its contents, or any possessions of you and your party.
7. CARE OF THE COTTAGE
We undertake to make the cottage available to you in a clean & tidy state & to maintain services & facilities in a proper workable & quality condition.
(a) Cottage Guide: It is your responsibility to read and understand the contents of the Cottage Guide (black file on the kitchen table) on arrival and to share those instructions with other members of your party. The Cottage Guide contains all the practical information on using the facilities of your cottage safely and easily. For safety reasons, pay specific attention to the instructions for lighting & managing the log burning fire, even if you are familiar with using such fires before your arrival. Only logs & kindling provided by us to be burned and nothing else - no paper, food etc.
(b) Problem Reporting/Right of Entry: If there is a fault or a problem occurs we will make best efforts to keep any delay or inconvenience to an absolute minimum while we rectify. We shall be allowed reasonable right of entry to the cottage at all reasonable times for any reasonable cause, eg purposes of inspection or to carry out any necessary repairs or maintenance.
(c) Reasonable Care: You are responsible for you and your party to take all reasonable care at all times of the total contents, fixtures and fittings that are in the cottage, garden and grounds. You undertake the leave the cottage secure if left unoccupied during the period of your stay.
(d) Damage/Removal of Items: All facilities and items in the cottage are available for your use during your stay. No items are to be taken home at the end of your stay without permission or purchase, including all toiletries, towels & robes.You will inform us immediately of anything that has been damaged, lost or broken during your stay, & to reimburse us for replacement, repair or extra cleaning costs on demand, although we would not charge you for the odd broken glass or plate. If you lose a key we will replace it upon you paying for the cutting of a replacement key at a cost of £5 per key. Cottage in the Dales will contact you within one week of departure regarding request for payment for any items removed, breakages or damage to the cottage & the effects of damage to the property & its contents. Failure to provide a response and/or payment in reasonable time will result in legal action.
(e) Personal Effects: You are responsible for the care and insurance of your own personal effects & that your party is aware they have the same responsibility for their own personal effects.
(f) Cottage Security: You undertake to leave the cottage secure if left unoccupied during your stay.
(g) Noise/Fire Safety: Loud music is not permitted. Please ensure noise is kept to a minimum between the hours of 11pm and 9am, both inside the cottage and outside space. No open, naked or unguarded flames are permitted inside or outside of the cottage eg candles, oil & spirit lamps, fireworks or Chinese sky lanterns. BBQ’s must be used in the garden or on the patio only. Follow the safety precautions outlined in the Cottage Guide, which includes not starting the BBQ with combustible liquids. BBQ’s and fire pits must be cleaned after use. You must not use the property for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to us or other neighbouring properties. The use of any type of fire-arm is not permitted at the cottages, nor in the nearby fields or access.
(h) Smoking: Strictly no smoking permitted inside any of the cottages. Smoking is permitted outside on the patios. You are responsible for the safe removal of all cigarette ends into the metal bin provided, not in any of the plastic bins or left on the ground.
(i) Pets: Strictly no pets are allowed at all of the cottages, inside or outside. Assistance dogs are welcome at The Dairy to support their owner, bookable in advance, following our doggy code, details on our website & provided with confirmation of reservation.
(j) Covid-19 Confidence Actions: Cottage in the Dales are allowed to open the cottages due to our Covid Confidence Actions and are responsible to ensure safety of guests and staff, in line with government rules. As part of these actions, you are also responsible for specific actions on departure day, details of which are on our website, provided in advance of your stay in your Arrival Pack and are in the cottage on arrival - stripping & bagging beds, putting rubbish out, loading dishwasher. As they are government rules, they form part of the terms and conditions of making a reservation.
(k) Cleanliness: Every effort is made to ensure the cottages are maintained to the highest standard of cleanliness. You are responsible for leaving all rooms in the cottage, and outside in the grounds, in a clean and tidy condition, in the same state of repair as arrival, and in accordance with the Covid Confidence Actions as stated in (7j) above. This includes washing up, all items in the dishwashers, placing rubbish in bin liners and putting in outside bins, ensuring ovens and barbecue are clean and free from grease. We reserve the right to make a charge of £100 for extra cleaning in the event that the cottage is deemed to have been left in an unsatisfactory state at the time of the inventory check following departure. See our Covid-19 page for information on our Covid-19 cleaning protocols > https://www.cottageinthedales.co.uk/holiday-cottages/106/Covid-19
(l) Timely Departure: You and your party will ensure that the cottage is vacated on time by 10am latest.
8. INTERNET ACCESS / SMART TVs
Secure, password protected Wi-Fi is provided for guests' reasonable & lawful use at the cottages. We have fibre to the premises and so offer superfast broadband where you can expect download speeds of up to 150mps. This will allow for email and website access, along with paid services such as Netflix and AppleTV facilities. Both of these service platforms are provided with the lounge TV. You must login with your own id and remember to log out before departure. Cottage in the Dales is not liable for any costs by other guests using Netflix if you have not logged out of any paid service before departure.
9. THIRD-PARTY SUPPLIERS
If you wish to engage any third party to perform any service (including by way of example private catering, beauty therapy, childminding, entertainment services) either within the cottage or grounds of the cottage, you must obtain our written permission in advance of your stay with details of the entity you intend to use to perform the service, the service to be performed and details of their public and employer’s liability insurance. Consent will only be given where we and our insurers are happy that the appropriate risks have been covered. Any recommendation of a supplier made by us will be based on our genuine belief or experience or feedback received by us from other guests or local contacts. A recommendation by us of a supplier does not alleviate your requirement to obtain our written permission as set out above. Cottage in the Dales do not accept liability for the services provided (or failure to provide such services) by any third party supplier or business used by you in the course of your stay (regardless of whether they are recommended or referred by us). This will not apply where we have been negligent or dishonest in this regard.
Our policy is to deal with complaints as soon as they arise, both promptly and in a positive manner. We value your custom and want you to return. We are nearby, and will do our best to resolve any problem. Hence, should something go wrong, or you wish to give feedback or raise a complaint, please contact us immediately since it is often difficult to investigate or deal with complaints once you have returned home. Therefore, regrettably, we are unable to accept complaints or claims once a holiday is completed.
Cottage in the Dales reserve the right to require you and your party to vacate immediately, without recourse to compensation, should any of our terms and conditions be contravened.