Terms and Conditions – Wood Farm Devon
1. The Law and Your Rights
- These conditions alone shall govern and be incorporated in every Contract for the lease of holiday property owned or managed by Mr and Mrs Watson (hereinafter referred to as the Wood Farm Devon). References to Wood Farm Devon means the accommodation, its employees and or nominated representatives (providing they were at the time acting in the course of their employment). References to ‘you’ and ‘your’ mean the person making the booking (the ‘party leader’) and all members of the holiday rental party who have been accepted by the Wood Farm Devon. These conditions set out the basis of your contract with the Wood Farm Devon. Nothing in these Conditions affects your normal statutory rights.
- All disputes shall be settled in accordance with the laws of England and any dispute between the parties will be subject to English laws. The parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or connected with this contract.
- Any proceedings arising out of this contract shall be examined by a solicitor practicing the laws of England.
- These booking conditions will apply to all confirmed bookings. These booking conditions supersede any previous conditions.
- The statutory rights of the person who deals as a consumer (as defined by Section 12 of the Unfair Contract Terms Act 1977) relating to mis-described or defective goods or services are not reduced by these conditions and information and assistance regarding statutory rights for consumers are available from Trading Standards Departments or Citizens Advice Bureau. The tenancy is a holiday tenancy pursuant to Section 9 part 1 of the First Schedule Housing Act 1988.
2. Your Booking and our Obligation to you
- That the hiring contract shall be between you and the Wood Farm Devon. The party leader must be at least 21 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Wood Farm Devon for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. Wood Farm Devon accepts no responsibility for personal injury to you or loss or damage to your property or other matters over which it has no control. You must take all necessary steps to safeguard your property and ensure your personal safety.
- If you wish to reserve one of the properties for the purposes of a holiday, we recommend that you telephone first to check availability. Please then complete the booking form in full and return it to us with a cheque for the non-refundable booking deposit of 20% of the total cost of renting the property you wish to reserve. The balance, together with a refundable security deposit of £100 per cottage, is due eight weeks before arrival. Any booking made within eight weeks of the commencement date of stay will only be confirmed on receipt of payment in full. The security deposit will be refunded within ten working days following your stay providing the cottage is vacated on time and left in a clean and tidy condition, without any damage or breakages. In some circumstances we may require a larger security deposit at our discretion.
- By completing and returning the booking form no Contract exists between you and the Wood Farm Devon. If the accommodation is available when we receive the booking form and we accept the booking we’ll send you confirmation of the acceptance of your booking and the Contract will be concluded between you and the Wood Farm Devon when the acceptance is posted to you. Once a booking has been confirmed in writing the deposit is non-refundable. When you receive your confirmation, the details must be checked carefully. If anything is incorrect, you should notify Wood Farm Devon immediately.
- The balance of the rental is due 8 weeks before the commencement of the holiday. No further invoice will be sent to you and you must make this payment in good time. Failure to make the payment on time may result in cancellation of the holiday and forfeit of the deposit. All prices quoted on the web site or otherwise advised to you include all booking fees, charges and Value Added Tax (VAT) if appropriate. Should the VAT rate increase or any additional taxes or levies be introduced that increase the price of your holiday you may be required to pay the extra amount. If you pay by credit card or PayPal the company will make a charge of up to 5% to for each payment made this way to recover the credit card company’s charges to the Wood Farm Devon. If any payment by you is not honoured for any reason whatsoever, the Company is entitled to make an administration charge of £30.
- Every effort is made in compiling the web site as to accuracy. Facilities may be altered or withdrawn for reasons outside the control of the Wood Farm Devon in which case no responsibility can be accepted. Any minor discrepancies between text, photograph and illustrations on the web site and the actual property may arise and must be accepted by you. Any additional information given by Wood Farm Devon or their staff over the telephone shall not amount to representations on behalf of the Wood Farm Devon.
- All cottages are non smoking.
- Central heating, electricity, bed linen and towels (small bath towel and hand towel for adults) are included in the price.
- Wireless internet is sometimes available for light access only, for accessing emails and surfing the Internet. Due to the density of the barn walls we cannot confirm that wireless internet is always available.
- Child cots and baby travel cots (but not cot bedding) and high chairs are available by prior arrangement.
- Cottages will be available from 4.00pm on day of arrival and must be vacated by 10.00am on day of departure.
- Cottages should be left clean and tidy on departure, as found on arrival, including kitchen, hob, oven, BBQ, etc. Failing this, we reserve the right to levy a cleaning charge.
- Well behaved dogs accepted by prior arrangement at £30 per dog, per cottage, per stay. Dogs must never be left alone in the cottages. Dogs must not go into bedrooms or sit directly on furniture. Excess pet hairs should be removed from rugs before departure and as such a vacuum cleaner is available for your use. Dogs must be kept on leads in the grounds of Wood Farm and allowed free run in the available paddock, poop should be scooped and deposited in bin provided. For multiple cottage bookings, £30 covers the dog being in one apartment only. An additional charge can be paid if you would like to take the dog into other apartments.
- One fenced paddock of approximately 3 acres will be available for you to walk your dogs at any one time. You may let your dog run free in the paddock at your own risk, the local farmer whom rents the fields surrounding ours will not take kindly to dogs chasing or harassing his livestock. A dog towel will be provided on top of the coat rack and it is encouraged that the dogs are rubbed down thoroughly if they get wet before accessing the properties.
- Cars are parked on the premises at your own risk.
- Wood Farm Devon and/or the owners shall not be liable for any loss or damage or personal injury (whether consequential or otherwise) to any property which you or any other person may suffer or sustain arising from the use of Wood Farm and grounds. The owners will not be liable for any inconvenience, annoyance, loss or damage (whether consequential or otherwise) in the event of any or all your booked accommodation being unavailable under this agreement for any reason save that we will repay all monies paid.
- Picnic benches/garden furniture are free for your use, as are BBQ’s.
- In the event that you cancel your booking before 8 weeks of the commencement date, we will refund your booking in full - minus a £30.00 admin charge. Any cancellation within eight weeks of the commencement date of your stay, must be made in writing and we will refund your payment less the 20% non-refundable deposit. Any cancellation within 7 weeks or less we will refund 50%. Any cancellation within 3 weeks we will refund 25% and within only two weeks you will forfeit your payment. We advise that you take out holiday cancellation insurance as a safeguard.
- Your occupation of the holiday accommodation will be on the terms contained in this document under the heading Terms and Conditions – Wood Farm Devon.
- Wood Farm Devon does not expect to have to make any changes to your booking, but very occasionally problems may occur and bookings have to be changed or cancelled. If this does happen, Wood Farm Devon will contact the party leader (by telephone or email) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. If you do not want to accept a significant change or Wood Farm Devon cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to the Wood Farm Devon. No compensation, expenses costs or other sums of any description (including the cost of securing alternative accommodation) will be payable in any circumstances.
4. Complaints Procedure
- Should any cause for complaint arise, it must be reported to the representative or key holder immediately and to the Wood Farm Devon who must be given the opportunity to rectify the situation.
- Should this fail however, or you are still dissatisfied, you should telephone details of your complaint to the Wood Farm Devon within 48 hours of the start of your holiday or of the problem arising on 01566 773847 (an answering machine will take messages out of standard daytime working hours 08.00am to 18.00pm).
- Written details of your complaint must be received by Wood Farm Devon within 7 days of the end of your holiday, who will investigate your complaint.
- This complaints procedure must be strictly adhered to. No inspection of the property will/can be made when other holidaymakers are in residence.
- No refund of the rental fee will be made in full or part if you have continued to occupy the property after notifying the company of your complaint.
5. Force Majeure
- Except where otherwise expressly stated in these conditions, Wood Farm Devon shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for Wood Farm Devon failure to perform any of its obligations to you which is due to any events or circumstances beyond its control. By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause and all similar situations. In appropriate cases Wood Farm Devon will refund to you all monies paid by you to the Wood Farm Devon for your booking.
6. The Terms of Hire, you will:
- Not do or suffer to be done on the premises anything which may be or become a nuisance or annoyance to the Owners or to the tenants or occupiers of the adjoining premises or may vitiate any insurance of the premises against fire or otherwise or increase the ordinary premium thereon and not make any alteration in or to the premises.
- Use the premises and the furniture, fixtures and effects in a tenant like manner and not remove any of the said furniture and effects from the premises and leave the said furniture and effects at the end of the holiday in the rooms or places which they were at the beginning of the holiday.
- Not use the premises or any part thereof for any other purpose than that of a private holiday residence and not assign underlet charge or part with the possession of the premises or any part thereof or of the said furniture fixtures or effects or any of them.
- Keep the garden tidy and in good order. Any fouling of gardens or pathways by dogs, is to be removed prior to departure, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.
- Yield up the premises at the end of the tenancy with all the said furniture fixtures and effects in the same clean state and condition as they were at the beginning of the tenancy and make good/pay for the repair of or replace all such articles of the said furniture fixtures which exceed in value the £100 security deposit and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and tear excepted).
- Pay for the cleaning of all counterpanes, sofa covers, curtains, rugs and carpets which have been soiled during the tenancy (reasonable use thereof nevertheless to be allowed for). An additional flat charge of £50 will be made if any such soft furnishings require additional cleaning.
- If beds in more than one room require changing when a ‘couples only’ discount has been applied the balance of the full occupancy rate will be charged.
- Ensure the holiday property is securely locked when not occupied during the holiday let, and keys returned to the Owner or representative by 10.00 on the day of departure.
- Keep pets, where allowed, under strict and proper control at all times, especially with regard to conditions 6e-g inclusive. Pets are not to be left alone at any time in or near the property unless in a kennel or crate. Animal hairs to be removed from rugs and furniture prior to departure, vacuum available. Pets are not allowed in bedrooms or on furniture. Any fouling of gardens, yards or lanes is to be removed prior to departure, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.
- Allow the Owners and/or its representatives access to the accommodation at any reasonable time during any holiday occupancy.
- Accept that in rural locations people have to earn a living and often keep long hours and also accept the smells and noises associated with the countryside and farm life.
- Prices displayed are per cottage per tenancy for up to the maximum number of people shown per cottage. Limit the number of occupants to the number stipulated on the Wood Farm Devon web site and the party to those detailed on the booking form. Wood Farm Devon reserves the right to refuse admittance to the holiday property if this condition is not observed.
- Acknowledge that your occupation of these premises under this Agreement is required for your holiday ONLY and you undertake to vacate the premises at the expiration of the tenancy to enable Wood Farm Devon to meet its obligations under other Agreements made or to be made for the seasonal holiday lettings and/or to reoccupy the premises.
- If you or any member of your party fails to comply with these terms or if Wood Farm Devon or its representatives has cause to reasonably believe that damage is likely to be caused, has been caused or is being caused by you or any member of your party, the company is entitled at its sole and absolute discretion to refuse to hand over to you or to repossess the property (which includes the fixtures, fittings, furnishings and decorations). These circumstances will be treated as a cancellation by you. No refund of any monies you have made in respect of your booking will be made and nor will the Company have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as costs incurred by your needing to secure alternative accommodation). In this situation Wood Farm Devon is under no obligation to find you any alternative accommodation.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms. It is essential that you bring these terms to the attention of all persons you are booking for.