Kirkland Cottage
Terms & Conditions of Booking
For the purposes of the Terms & Conditions the contract is with Clare Morgan, the ‘Proprietor’of Kirkland Cottage (the ‘Property’), a holiday home at 2 Herdus View, Kirkland, Frizington, Cumbria, CA26 3XY.
Booking Kirkand Cottage
1. Agreement.
1.1 These terms and conditions form the basis of the agreement (the ‘Agreement’) between you and Clare Morgan for the holiday rental of Kirkland Cottage.
1.2 You must be over 18 years of age to make a booking and accept full responsibility for all payments due for the consequences of any actions of all persons who will use Kirkland Cottage during your holiday. If the booking (the ‘Booking’) is made by telephone you will be sent these Booking Conditions by email. Once you make payment you will have deemed to have read all the Booking Conditions and agreed to be bound by them.
2. Booking
2.1 The Proprietor will confirm the Booking on receipt of a deposit of 50% of the holiday rental fee (‘The Deposit’).
2.2 Once the Proprietor has confirmed the Booking from you in writing and received the Deposit then an agreement exists between us on the terms and conditions.
2.3 If the holiday is to begin within 30 days of the date of the Booking the total holiday rental fee is payable at the time of booking.
2.4 No subsequent changes can be made to any part of the Booking without the Proprietor’s express written approval.
2.5 All prices include all charges for water and electricity.
3. The Proprietor’ Right to refuse or Terminate a booking
3.1 The Proprietor reserves the right to refuse any booking.
3.2 The Proprietor reserves the right to terminate this Agreement and ask you and your guests to leave immediately if this is deemed necessary by the Proprietor as a result of your behaviour, or that of your guests, or any other material breach by you of the terms of this Agreement.
4. Final Payment
4.1 The balance of the holiday rental fee less any Deposit is due 30 days before the start of the holiday. If the balance is not received on time the Proprietor reserves the right to cancel your booking and retain the Deposit as a cancellation fee.
5. Tenancy
5.1 This agreement is for the purpose of a holiday rental only and does not create the relationship of Landlord and Tenant between you and the Proprietor. You will not be entitled to a tenancy or to any form of statutory security of tenure as a result of this Agreement.
6. Description and Facilities
6.1 The Proprietor will endeavour to inform you at the time of booking to any changes to the published description of Kirkland Cottage. The Proprietor does not accept liability for any works or activity of any sort occurring on a neighbouring property.
7. Changing or Cancelling a booking
7.1 The Proprietor will endeavour to assist you in a transfer of a booking to an alternative date or duration at your request.
7.2 Changes cannot be accepted with less than 7 days of the start of the holiday.
7.3 If prior to 30 days a change results in a reduction in the length of the holiday your balance will be adjusted accordingly.
8. Cancellation
8.1 You may give notice to cancel your booking at any time provided you do so in writing. The Proprietor will acknowledge your cancellation. Once you receive this acknowledgement your booking will be cancelled. The following cancellation charges will apply:
More than 14 days 100% refund
Less than 14 days but not less 7 days 50% of the full balance
Less than 7 days no refund
8.2 The Proprietor reserves the right to cancel the Booking any time in the event of circumstances beyond the reasonable control of the Proprietor or, if in the reasonable opinion of the Proprietor, it is necessary to undertake essential works at the Property. In the event of such cancellation the Proprietor will refund in full all monies received for the booking. The Proprietor will not otherwise be liable for any loss incurred by you as a result of the cancellation.
DURING YOUR STAY
9. Arrival and departure times
9.1 The holiday rental period begins at 4pm on the first day of your booked stay and ends at 10.00am on the day of your departure.
10. Occupation of the property
10.1 You must not use Kirkland Cottage, without the written permission of the Proprietor, for any purpose other than that of a holiday. Functions, celebrations, ceremonies and parties are not permitted.
10.2 The number of people staying at Kirkland Cottage should not exceed 4 as this invalids insurance
10.3 You must not use Kirkland Cottage for any activity or in such a way as to cause nuisance or annoyance to its neighbours.
10.4 You and your guests must comply with any reasonable regulations relating to Kirkland Cottage which will be communicated to you on your arrival at the Property.
11. Obligations of Proprietor
11.1 Should any of the published facilities at Kirkland Cottage change or become unavailable after we enter into a contract with you we shall notify you in writing immediately.
11.2 When a significant change occurs we shall always endeavour to notify you prior to arrival.
12. Your Obligations
12.1 You agree to keep Kirkland Cottage and its contents in the same condition and repair as on your arrival at the property and to pay, to the Proprietor, upon written demand any costs incurred in making good any loss or damages to Kirkland Cottage or its contents caused by your action or omission or that of any guest or dog accompanying you. Minor breakages will not be charged for but please make information about these available before you leave so we can rectify the loss for subsequent guests.
12.2 You will be provided with an information folder about Kirkland Cottage which will include important information about your stay. Please ensure that you and your party read it carefully on arrival. You must also ensure that you and your party familiarise yourselves with the layout of the accommodation and know what to do in the event of fire.
12.3 No pet is permitted at Kirkland Cottage other than one well behaved small to medium sized dog that is to remain downstairs. Be aware there is no garden or yard space for a dog to use. On booking please advise that you will be accompanied by a dog. No charge will be made for guide or hearing dogs but you should still advise the Proprietor about them when making your Booking.
12.4 You must allow anyone authorised by the Proprietor to enter the property during your stay. The Proprietor will endeavour to give you reasonable notice of such a visit except in an emergency when immediate access must be allowed.
12.5 You must ensure that the property is left in a clean and tidy condition at the end of your stay. The Proprietor reserves the right to charge a fee if excessive cleaning is required. The Proprietor will contact you within seven days of your stay to advise you of any additional cleaning charges.
12.6 Smoking or vaping is NOT permitted in any part of Kirkland Cottage. You and your party must not smoke or vape inside the property. You and your party must not use candles, fireworks, or Chinese lanterns at the Property.
13. Complaint
13.1 If you have any cause for complaint during your holiday at Kirkland Cottage please notify the Proprietor who will make all reasonable efforts to assist and resolve the issue. The Proprietor will not normally make any refund or recompense in respect of a complaint made after departure if the complaint was not made know during the holiday period.
14. Security
14.1 The Proprietor shall not be responsible for loss or damage to any of your belongings or for any injuries sustained by you or any of your guests unless caused by the negligence or default of the Proprietor or her staff.
14.2 You should follow the instructions which will be provided on your arrival for keeping yourself and the house and contents secure during your visit.
15. Data Protection
15.1 All personal data provided to the Proprietor will be held and processed in accordance with the prevailing legislation for Data Protection at the time of your booking. We will keep your data safe and secure. We will not share it with other organisations without your knowledge and consent, unless required by law to do so.
16. Force Majeure
16.1 The Proprietor shall neither be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of her obligations under these terms and conditions if such delay or failure results from events, circumstances or causes beyond her reasonable control.
16.2 An event outside her reasonable control means any act or event that is beyond her+ reasonable control including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, strikes, or industrial actions by third parties, terrorist attack, or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private telecommunication networks.
17. Insurance
17.1 It is a condition of your contract that you and all members of your party consider if you need comprehensive travel insurance cover during your stay at the Property.
18. Governing Law
19.1 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.