Terms & Conditions
PLEASE READ THESE CONDITIONS CAREFULLY. WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.
1. THE CONTRACT
The Contract for a short-term holiday rental will be between the Wisteria Cottage owners (referred to as “Wisteria Cottage” or “We” or “Us”) and the person making the booking and all members of the holiday party (referred to as “the Customer,” or “Your” or “You”) in the following booking conditions. UK Law will govern the Contract. The contract of hire is not effective until We have processed the payment in full. The contract will be subject to these booking conditions, and must be complied with. The party leader must be at least 25 years of age at the time of booking and We must be provided with a lead name, address and contact details.
2. PERIOD OF HIRE
You should not arrive before 5pm on the commencement date, and should leave by 10am on the day of departure. Failure to do so may result in You being charged a further day’s rental. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
3. BOOKING PROCEDURE
Whilst we are prepared to consider requests for reservations of the property, the confirmation of a reservation shall not render Us liable in the event that the property is unavailable for occupation (due to unforeseen circumstances such as fire, water leak etc.) during the period reserved and no contract will arise between Us and You otherwise than in accordance with the following provisions of these terms and conditions.
4. PAYMENT AND DAMAGE DEPOSIT
Bookings are confirmed on receipt of 100% of the booking cost which is to be paid at time of booking. 15% of this booking cost is non-refundable in order to cover non-refundable costs to Us by distributor agents and our administration fees.
Once a booking has been paid and fully confirmed by email, customers will receive a separate email from Us (10 days before your holiday) to inform You of how to pay the damage deposit, which must be paid 7 days before commencement of the holiday. The damage deposit can be paid by bank transfer to Wisteria Cottage (to the account detailed in our email) and will be fully refunded within a maximum of 14 days (usually 3 days) of Your departure should no damages or breakages be found or any extra cleaning being needed (please see point 9 for more details).
ALL GUESTS ARE STRONGLY ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
a) Any request to cancel a booking must be made in writing to firstname.lastname@example.org which We will reply to with confirmation of receipt of Your request. We will use our reasonable endeavours to re-let the property in respect of the cancellation period. Any amounts due for refunding will be made within 14 Days.
In addition, the following scale shown in the table below will apply to bookings to determine the amount of the charge, which shall be a percentage of the total cost of the holiday. Please be aware that 15% is retained on all bookings due to irretrievable third party administration fees.
|Number of days before start of holiday that notification of cancellation is received||The percentage of total booking value charged to the Customer|
|At time of booking and non-refundable||15% of the booking cost|
|More than 56 days (8 weeks)||50% of the booking cost|
|35 days (5 weeks) or less||75% of the booking cost|
|21 days (3 weeks) or less||100% of the booking cost|
b) If Your booking has to be cancelled because Wisteria Cottage has to close through “Force Majeure”, meaning any of the following circumstances which may hinder or prevent the performance by Us of the Contract, including but not limited to: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary license or consent; (f) collapse of buildings, fire, explosion or accident; (g) non-performance by our suppliers or contractors; and (i) failure of utility service, and the period of closure covers Your booking You will be refunded in full.
c) Customer inability (or the inability of any, some or all of Your intended party) or disinclination to travel to and stay at Wisteria Cottage for any reason.
This includes – but is not limited to – illness (including Covid), a requirement or recommendation to self-isolate or quarantine, shielding, a call to jury duty, military service, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport. These remain at Your risk and do not give rise to a right to cancel or to receive a refund. You are strongly recommended to take out personal holiday cancellation insurance to cover these eventualities. If You choose not to take out personal holiday cancellation insurance, then You accept responsibility for any loss that You may incur due to Your cancellation.
6. CHANGES IN BOOKINGS
Should You wish to extend your holiday after making an initial booking and there is availability to do so, please contact Us via email (email@example.com)
7. OCCUPANCY, USE and CARE OF PROPERTY
Under no circumstances may more than the maximum number of persons stated on the website occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of Your party must not use the facilities at Wisteria Cottage, unless We have given prior written permission. Any unauthorised over-occupancy 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.
You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period. Please ensure cookers are left clean, dirty dishes washed and put away and food cupboards and freezers are cleared out. You must NOT use the property for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. Any of the above is also 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.
Should any of your party test positive for Covid-19 whilst at Wisteria Cottage, we’d appreciate being told as soon as possible in order for us to be able to notify our cleaners for them to take the necessary precautions.
8. RIGHT OF ENTRY
We, as owners or our representatives shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
We reserve the right to repossess the property at any time where damage or nuisance has been caused by You or any member of Your party and in such event We shall NOT be liable to make any refund whatsoever.
9. DAMAGES & BREAKAGES
We reserve the right to charge the lead guest for any damages caused through the course of a booking by any member of the booking party. This includes breakages, spillages, stains, damage to furniture or fixtures and fittings. Any accidental damages should be reported as soon as possible (via the phone number given in the contact details) in order to minimise damage and associated costs. Lost keys will incur a replacement charge per key.
Any lost property, if discovered and found, left behind by guests during a stay will be held for a period of 1 month. While We will make our best efforts to reunite lost property with their owners We accept no responsibility in replacing lost items and encourage guests to ensure they have all their belongings before checking-out. We are happy to post lost items via recorded delivery at the cost of the lost property owner, otherwise collection can be arranged.
Bookings through Wisteria Cottage will require a damage deposit of £250, which will be payable by bank transfer no later than 7 days before your arrival at Wisteria Cottage. This amount is fully refundable within 14 days (usually 3 days) of Your departure, providing the property is left clean and tidy, that there have been no breakages, extra cleaning required or any extra people found to be staying at the property.
In the event that You or anyone staying at the property during Your reservation period causes damage or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during your reservation period, You will be notified in writing of the details of any extra costs incurred within 14 working days after the end of the reservation period and this amount shall be deducted from the prepaid Damage Deposit or (if cleaning or damage costs are higher) extra payment will be required by You.
This condition sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to You in respect of any breach of this agreement; any use made by You or any third party residing or making use of the property during Your period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of Us for death or personal injury resulting from negligence or liability incurred by You as a result of fraud or fraudulent misrepresentation by Us. We cannot and will not be held responsible for death or injury to You or any member of Your party whilst on the property of Wisteria Cottage.
We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of Your reservation under the conditions of this agreement.
Wi-Fi Internet access is provided, and guests are to use this access to the Internet fairly and appropriately. The Internet access provided is intended for general use such as access to the world wide web, email, messaging, social media, light video/music/media streaming. Access to illegal activity or use of our network for illegal activity is prohibited and will be reported to local authorities. Should internet access fail or be hindered resulting in such things as loss of data, financial loss etc We cannot be held responsible.
There is parking to accommodate four cars on Wisteria Cottage’s drive. Cars can also be parked in front of Wisteria Cottage on Maypole Green road (on the house side, not the green side). Cars parked on or in front of the property is done so entirely at the car owners’ own risk.
Every effort has been made to ensure that You have an enjoyable stay. However, if You have any problem or cause for complaint, it is essential that You contact Us immediately to give Us the chance to resolve it. It is important that this is done whilst You are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied the Owner/caretaker the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
Complying with GDPR all customer details held by owners will be deleted 21 days after Your holiday is completed, unless such cases as a complaint is in process or lost property needing returning. Wisteria Cottage does not take any responsibility for its booking agents’ own data privacy policies.
14. DRONES, NIGHT LANTERNS AND FIREWORKS
The use of drones is not allowed. Fireworks are not allowed without our express written permission. Night Lanterns are expressly forbidden.
We do not accept pets throughout the accommodation.
In the interest of the comfort and enjoyment of Wisteria Cottage’s future guests, smoking, including the use of e-cigarettes, is NOT permitted within any part of the property. Any cigarettes, cigars etc. smoked outside should be done so with respect to the property and neighbouring properties and discarded remains, once cooled, should be placed (by the smoker) in the outside general waste bin only. Any remains found anywhere but in the outside bin will incur a further charge.
17. TERMINATION POLICY
We reserve the right, at its discretion, to terminate, without notice, an individual’s stay where deemed necessary through unacceptable behaviour or as a result of actions which are likely to endanger or offend others (Please note that non compliance of our non smoking policy may constitute termination). In such circumstances any outstanding account must be settled, no refunds will be made.
We have compiled the information on our Website and in our information folder as accurately as possible at the time of going to press.
Please be forewarned that it is possible to catch computer viruses by accessing a webpage or by downloading or running an infected program. Whilst Wisteria Cottage has taken steps to ensure that the pages on this website are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this website are indeed free from infection. It is a condition of Us allowing You free access that Wisteria Cottage will not be liable for any loss or damage suffered by any person accessing this website or any third party resulting directly from the transmission of a computer virus resulting from the accessing of this website.
Please note that the information available on this website may be incomplete, out of date or incorrect. It is therefore essential that You verify all such information with Us before taking any action in reliance upon it. It is a condition of Us allowing you free access to the material on this website that You accept that We will not be liable for any action You take in reliance on the information on this website.
The contents of the pages on wisteriacottagewellow.co.uk site are copyright to Wisteria Cottage. The copying or incorporation into any other work or part or all of the material available on this website in any form is prohibited save that You may: download extracts of the material on the site for Your personal use; or: copy the material on the site for the purpose of sending to individual third parties for their personal information provided that You acknowledge us as the source of the material and that You inform the third party that these conditions apply to them and that they must comply with them.
We reserve the right to make reasonable amendments or additions to these terms and conditions without notice.
The Booking Terms and Conditions will apply to all confirmed bookings, and our Website Booking Terms and Conditions supersede all previous editions.
Thank you for your cooperation.