Booking & Occupation -Terms and Conditions
Definitions and background
1.1 These Booking & Occupation Terms and Conditions are not intended to detract from full enjoyment of your stay at Hollybank House, rather they are meant to give you reassurance about what you may expect from us and certainty about what we may expect from you. Above all, we want the Hollybank House experience to bring only happy memories to all who stay there.
1.2 In these Booking & Occupation Terms and Conditions “you” and “your” means the person named as Party Leader on the Booking Form (including anyone substituted at a later date). The Property means Hollybank House, 29 The Green Road, Ashbourne, Derbyshire DE6 1ED.”We” “us” and “our” means the Owner, Mrs Josephine Clements, whose trading name is Peak Holiday House and whose office is at Sutton Lane Farm, 14 Leicester Rd, Broughton Astley, Leicestershire LE9 6QE.
1.3 Before booking with us, please read these Booking & Occupation Terms and Conditions carefully and all other information relevant to your booking as shown on our website, peakholidayhouse.com, and in our brochure.
1.4 When you book with us and we issue a Booking Confirmation (see below), you are entering into a contract with us.
Availability and booking
2.1 All bookings are subject to availability and acceptance by ourselves. .
2.2 Your booking will be considered as accepted only once we have issued the Booking Confirmation to you. We will do so either by post or by e-mail. If for any reason we refuse your booking, we will tell you in writing and promptly refund any money due to you that you have paid to us. The Owner will have no liability to you in this event.
2.3 Your binding contract with the Owner comes into existence only when the Booking Confirmation is issued. Once the Booking Confirmation has been issued, it is your responsibility to make all outstanding payments due.
2.4 Once received, you should check the details on the Booking Confirmation carefully and let us know immediately if anything is incorrect.
3.1 We aim to ensure that all information we publish is correct at the date of publication. Occasionally there may be minor differences from the current description of Hollybank House, its services or the local area as shown in our publications. This can be because we continually seek to improve or upgrade the Property, or because changes or closures to local services or attractions sometimes occur. We will let you know as soon as reasonably practical of any changes to the Property or to local services or attractions which we consider may materially affect your holiday.
Changes to your Booking
4.1 You should let us know in writing if you wish to make any changes once a Booking Confirmation has been issued. If the changes can be accepted, we will issue you with a new Booking Confirmation.
4.2 We cannot guarantee that we will be able to accommodate or agree to any request. Please note that the cost of any alternative dates or other amendments that are agreed will be subject to the current brochure price, which may be different to the price you have already paid.
Cancellation by you
5.1 You should telephone us as soon as possible if you wish to cancel your booking after a Booking Confirmation has been issued. Any refunds of money already received will be at the discretion of the Owner. If you have not already paid in full, you should remember that the Owner can require you to pay the full balance outstanding in respect of your booking.
Cancellation by the Owner
6.1 Where circumstances beyond the Owner’s control require us to alter or cancel your booking, we will let you know as soon as possible and:-
6.1.1 we will endeavour to arrange and offer you alternative accommodation of a similar type and standard, in a similar location and at a similar cost; or
6.1.2 If alternative accommodation is unavailable or unacceptable to you, we will refund all sums paid by you and neither we nor the Owner shall be under any further liability to you.
6.2 Where we offer you alternative accommodation and you accept, you will be issued with a new Booking Confirmation. Any difference in the cost of the alternative accommodation will be refunded to you or will become payable by you (as appropriate) on the date that new Booking Confirmation is issued.
Occupation of the Property
7.1 You are entitled to occupy the property from 3.00pm on the start date and you must leave by 10.00am on the end date, unless any special arrangement is agreed with the Owner.
Prices and payment
8.1 All price quoted or otherwise advised to you include all UK taxes or governmental levies that apply at the time of your booking. If, after a Booking Confirmation has been issued there are changes to such taxes or levies, the Owner reserves the right to pass on the cost to you.
8.2 When you return the Booking Form to us, you should pay the deposit amount then due (30% of total booking cost if greater than 8 weeks from your holiday date, or the full amount if your holiday is within 8 weeks of the booking date ) by sending a cheque (in pounds sterling) to us, or by making a remittance by such other means as may be agreed.
8.3 The balance of the cost of your holiday must be received by us no less than 8 weeks before the start date for your holiday. If you fail to do this, the Owner may treat this as a cancellation and re-let the Property to another. You will, however, remain responsible for the full cost of the booking and any costs or losses incurred by the Owner; but this will be reduced if, and may be eliminated, if the property is subsequently re-let.
8.4 If you book a Property within 8 weeks of the Start Date, the full cost of the booking is payable at the time the Booking Form is received by us.
9.1 Access to the Property is gained by a key kept in a combination key safe at the rear entrance. The access code will be notified to you in good time for your arrival. Further keys will be laid out for you in the house. The Key should be replaced in the Key safe on departure.
9.2 If you lose the keys to the property or otherwise need to gain forced entry, you will be required to pay all costs and charges incurred, including replacing the keys and / or locks.
9.3 If you fail to return the keys when due, the Owner may, at her discretion, replace the keys and / or locks and you will be required to pay the costs of such replacement on demand.
9.4 If you fail to keep to the terms of this agreement (for example, you cause undue noise and disturbance, serious damage to or in the property or you significantly change the composition of your party or exceed the numbers of persons permitted to stay at the property), the Owner may terminate the agreement forthwith and may require you and your party to leave the property immediately. In such circumstances, the Owner will not refund any monies you have paid in respect of your booking and will not be liable to you for any consequential costs.
10.1 The Owner will require that you pay a security deposit to help cover the cost of any damaged or missing items from the property or additional cleaning beyond that which would reasonably be required.
10.2 We will refund the security deposit to you (without interest) promptly after your holiday has ended, subject to any reasonable deductions made by the Owner in respect of damaged or missing items or additional cleaning required.
10.3 Where the amount of the security deposit is not sufficient to cover the costs of the damage or other losses caused to the Owner, the Owner may require that you make good any shortfall.
10.4 Our policy on breakages and damage is based on fair wear and tear. It is not our policy to charge for minor cosmetic damage, not requiring significant repair or redecoration, or for individual breakages, on a scale that might ordinarily be expected in a domestic environment. It shall be in our absolute discretion to decide whether in any particular circumstance a charge shall apply.
11.1 You agree and acknowledge that:-
11.1.1 you and the members of your party will occupy the Property as a private holiday home only and that, as such, no Assured Tenancy or statutory periodic tenancy will arise (as defined in the Housing Acts);
11.1.2 the number of persons staying at the Property will not exceed the maximum number as shown in our marketing particulars;
11.1.3 you and your party will not in any way alter, add to or cause damage to the Property, its fixtures, fittings and contents and that you will be responsible for any cost of rectification that arises resulting from your acts or omissions.
11.1.4 you will leave the Property, its fixtures and fittings and contents in the same clean and tidy state and condition as on the day your booking commences;
11.1.5 you and your party will not cause or permit any nuisance or annoyance to the owners or occupiers of adjacent property and will not cause damage to them;
11.1.6 you and your party will permit the Owner (or her representatives) access to the property at all reasonable times;
11.1.7 you will not, except as stated in the marketing particulars or agreed by the Owner, allow pets or animals to be brought to the Property;
11.1.8 if pets are allowed at the Property, you will ensure they are kept under control and do not enter the bedrooms or the upstairs of the Property or cause damage to any furniture.
Our liability to you as the Owners
12.1 The Owner maintains a substantial level of Public Liability Insurance, evidence of which may be inspected in the Property. The Owner will also comply with all other Statutory & Regulatory obligations, with appropriate documents available for inspection, and also in accordance with any official guidance and advice as appropriate.
12.2 The Owner cannot accept any liability for noise, disturbance or obstruction caused to you which originates from beyond the boundaries of the property or which is beyond the Owner’s control. If an obvious source of noise, disturbance or obstruction, such as unscheduled street works by gas, water, electricity or telecommunications suppliers, has been identified by or notified to us before your arrival, we will inform you at the earliest opportunity.
12.3 The Owner cannot accept liability for losses consequent upon the breakdown of mechanical or electrical equipment such as appliances and boilers, nor the failure of public utilities such as water, gas and electricity; except where a strict liability is a matter of law. If such matters arise during your stay at the property, please notify us as soon as possible and we will seek to resolve the matter to your satisfaction.
12.4 Nothing in this agreement will limit the Owner’s liability for death or personal injury which arises as a result of the Owner’s negligence or that of the Owner’s agents or employees whilst acting as such, nor for any criminal acts of the Owner.
12.5 The Owner is responsible for providing you with details about the property and its services, but cannot accept responsibility for any inaccurate, incomplete or misleading information if that information was not provided negligently. In particular, the Owner cannot accept liability for any changes to, or closures of, local services or attractions, as these are outside her control.
13.1 Information about a number of alternative ways of making contact with us are prominently displayed in the Property. In the event of an emergency or if you have any complaint or query please should raise this with us as soon as reasonably possible. We will endeavour to resolve any issue to your satisfaction. In particular, we have an appropriate range of expert tradespeople on call to deal promptly with any malfunctions or other difficulties which may arise.
13.2 It is particularly important to raise any complaints about the Property or about your booking as soon as possible, especially if these arise during the course of your holiday. This will give the Owner the best opportunity of putting matters right promptly.
Your personal data
14.1 In order to process your booking we need to collect certain personal data from you, which may include “sensitive personal data” about you and about members of your party. We may also need share some of this data with third parties in purely in connection with your booking. By providing such data to us, you confirm that you have permission from those to whom the data relates and for us to use their personal data in this way.
15.1 The relationship of the Owner is with you and the Owner will not recognise the interest or claim of any other person, unless by law she is obliged to do so.
Language and Law
16.1 We will communicate with you in English and the law of England & Wales will apply to this agreement and govern its interpretation in all circumstances.