The Bathurst Estate

These Terms and Conditions are between Bathurst Estate Holiday Cottages (Us/The Owner) and you (The Booker) for the booking of all Bathurst Estate Holiday Cottages – or the property as indicated on the invoice, receipts or correspondence. (The Property)

1. Reference to any statute or any statutory provision includes a reference to a) that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and b) all statutory instruments or orders made pursuant to it.
2. Words denoting the singular number only shall include the plural and vice versa.
3. Unless the context otherwise requires references to any clause, sub clause or schedule is to a clause, sub-clause or schedule of or to this agreement.
4. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this agreement.
5. The Booker is the person who accepts this contract on behalf of themselves and all persons staying at or visiting the property during the period of this booking. Acceptance will be deemed to have occurred within 24 hours of having made a provisional booking or payment unless an objection to any of the terms has been sent and acknowledged by The Owner.

Terms and Conditions

1. The Booker and The Owner acknowledge this agreement forms the entire agreement between The Owner and The Booker acting on behalf of all the persons resident at the property during the booking period and where any of the booking terms and conditions are deemed unenforceable then all other parts of this agreement shall remain in full force and operation and shall be enforceable between the parties.
Unless otherwise referred to, reference to ‘The Booker’ applies to the person authorised to agree to the booking conditions on behalf of all persons who shall be staying at the property during the booking period (The Booker).

2. The Booker
The Booker certifies that:
2.1. They are over 18 years of age and a member of the party occupying the property. Please note that holidays are non-transferable.
2.2. The Booker has agreed that they act as principal and have absolute liability for all the members of the party at all times.

3. The Rental
The Rental confers upon The Booker the right to occupy for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9 and The Booker acknowledges that the rental granted by this Agreement is not an assured tenancy and that no statutory periodic tenancy will arise.

4. Acceptance of These Terms
The Booker acknowledges that he, she or they are authorised to accept these terms and conditions on behalf of all those persons who will occupy the property and that he, she or they and those persons who will occupy the property are aware of the booking terms and conditions and have agreed to be bound by those conditions and shall be a member of the party occupying the property and are required to acknowledge the following:
4.1. The maximum number of people who will be staying at the property during the booking period.
4.2. These booking terms and conditions shall be subject to English law and time shall be of the essence.

5. Payment Policy
5.1. Holiday bookings made more than 8 weeks before your holiday starts, a non-refundable 50% deposit of the total cost of your holiday is required.
5.2. The balance of monies due is payable to us no later than 8 weeks before the arrival date. Bookings made within 8 weeks of your holiday date must be paid for in full and in advance of occupation of the property. On receipt of the balance, and a few days before arrival date, full details of key collection, arrangements and directions to the property will be sent. Please note we do not send reminders.
5.3. If a deposit has been received, but The Booker has not paid the balance of the holiday within the specified time frame, The Owner reserves the right to re allocate the dates to another client and The Booker will not be able to reclaim the deposit or any other compensation.
5.4. Short Breaks must be paid for in full at time of booking. Bathurst Estate Holiday Cottages short breaks are not transferable.
Bookings for periods of over 2 weeks will be payable in full at the time of booking in order to protect the block booking of longer periods.

6. Payments
6.1. Payments can be made by cheque or bank transfer.
6.2. No fee will be charged for payments made by cheque or bank transfer, unless a cheque is returned unpaid. If a cheque is returned by a bank, a £50 administration fee will apply.
6.3. For international guests we can accept international bank transfers for which transaction charges will be e-charged to and paid by The Booker at cost, to be settled before the date of the holiday.
6.4. A refundable, security deposit is payable on all holidays/short breaks and will be added to the total cost of your holiday/short break. This will be returned once the cottage has been cleaned & checked and no breakages or damage to fixtures, fittings & furniture is found and if the cottage is left in a reasonably clean and tidy state. If breakages, damage or excessive mess/untidiness are found, the security deposit will be used to repair or replace or clean the damage/breakage and/or mess and untidiness and any remaining monies returned. If the repair/replacement/cleaning bill costs exceed the damage deposit, The Booker shall be liable for this extra cost and a bill will be sent to the person who paid the security deposit. (Also see section 22 – Damage). The deposits will be £100 for Apsley Cottage – Clover Barn – Keepers Barn. For High Grange - £250.

7. Cancellation Policy
You should notify us in writing should you consider it necessary to cancel your holiday.
7.1. If over 8 weeks before the start date of the holiday, then a cancellation will be possible. Please note, any deposit will be non-refundable.
7.2. If between 8 and 4 weeks before the holiday start date, then every effort will be made to re-let the cottage, and if we are successful, you will receive a pro-rata refund, less the deposit and an administrative charge of £70 per booking. If we are unsuccessful in re-letting the cottage you will be liable to pay the full cost of the holiday, irrespective of whether the final balance of the cost has been paid or not, at the time of cancellation. If it has not been paid, the account must be settled in full.
7.3. If cancellation notice is given 4 weeks or less before the holiday start date, we are under no obligation to try to re-let the cottage and The Booker is liable for the full cost of the holiday, irrespective of whether the final balance of the cost has been paid or not, at the time of cancellation. If it has not been paid, the account must be settled in full.
7.4. Visitors are responsible for their own cancellation/holiday insurance arrangements.
7.5. The Owners reserve the right in the case of an emergency, to cancel any booking at any time and return any sums which have been paid in advance.

8. Price Alterations
We reserve the right to adjust prices quoted on our website, other adverts or on details about the property at any time. This will not affect any prices we have previously confirmed with you in writing. (Verbal quotes do not apply).

9. Special Requests
If you have any special requests, you must let us know when you make a booking and confirm them in writing. We cannot guarantee that any request will be met. Confirmation that we have noted a special request or passed it onto a service provider, or it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we fail to meet any special request, it will not mean we have broken your contract.

10. Size and Party
The number of persons stipulated for each property on our website, advertisements or literature published by us must not be exceeded under any circumstances. Only the number of adults, children and infants stated by you and listed on The Owners booking information may occupy the premises overnight. We normally class children as being under 14 and infants as being 2 years old or under.

11. All Male or Female Parties
Eligibility – Bookings may only be accepted from all male or all female parties by prior arrangement before the booking is confirmed. If exceptions are made, The Owners reserve the right to take a damage deposit of £50 per person if applicable. Please see section 22 for damage deposit information.

12. Animals and Pets Policy
Responsible pet owners are welcome and the following applies to all bookings:
12.1. We allow a maximum of 2 civilised dogs, no larger than a Labrador, at this property however there is a charge of £25 + VAT per pet, per week - or part thereof.
12.2. Dogs must be under strict control at all times, while in and around the property.
12.3. Dogs MUST NOT go upstairs. Non-adherence to this will result in the immediate loss of security deposit.
12.4. Any damage (which must be reported to the owner immediately) that may require excessive cleaning, may incur an additional charge, which will be at The Owner’s discretion and you agree to pay any such costs incurred over and above the security deposit. This includes, but is not linked to, stain removal on furnishings and fittings, pest control and chewing.
12.5 The Owner does not accept any responsibility for the safety of dogs and pets for the duration of the stay, and cannot guarantee the gardens boundaries are pet proof.

13. Suitability
13.1. Health & Mobility: The property summary details aim to give accurate descriptions of the property. Should there be any specific health or mobility difficulties which may affect a party member, we request that this is pointed out at the initial reservation stage so the suitability of the property may be established.
13.2. Rural Life and Safety: The Owner accepts no responsibility or liability in connection with the suitability or non- suitability of the property for The Booker and/or the persons resident at the property in accordance with this booking. The Booker accepts that the property is situated in a rural area and is affected by local country pursuits, including but not limited to animal noise, grass cutting and ancillary agricultural noise which may be experienced. The existence of natural flora and fauna at the property means that insects and other wildlife are not uncommon and The Booker and those persons listed on The Owners booking information sheet acknowledge the rural nature of the property.
13.3. The Owners cannot be held responsible for any limitations placed on the booking due to adverse weather conditions which may affect travel to and from the property.

14. Arrival and Departure times
To avoid loss of security deposit:
14.1. You may arrive any time after 4pm on the day of your booking.
14.2. You must vacate the property no later than 10am on the day of departure. Failure to do so may place the cleaning team under pressure, forcing them to bring in extra staff on same day turnovers. This cost will be removed from the damage deposit.

15. Lost Property
15.1. We cannot accept responsibility for any items you leave behind in the property after your holiday, but if you contact us (The Owners) we will endeavour to locate the lost item(s).
15.2. If lost property is found, we will inform you and agree the means to return it. Any unclaimed items will be disposed of after two weeks. The return of any items will be at The Bookers expense.

16. The Bookers Obligations
You agree to:
16.1. Take reasonable care of the property and ensure the property and all equipment are left reasonably clean. The Booker agrees to reimburse The Owner for any extra cleaning costs required. Where applicable, The Owners reserve the right to deduct any extra cleaning costs from any security deposit paid or recharge the costs to The Booker if in excess of the deposit.
16.2. Pay for any losses or damages to the property.
16.3. Not to smoke, or allow others to smoke inside the property. If evidence of smoking is found i.e. smell, The Booker will lose their security deposit.
16.4. Pay for any optional extras at the rate stated on the website, made a part of the invoice, or these Terms and Conditions.
16.5. NOT exceed the total number of persons in the property as stated in the details, or share the property, or part with possession of the property, unless previously agreed with The Owner.
16.6. To dispose of household waste in accordance with our waste disposal requirements. These are explained in the property directory which you will find on arrival. Failure to do so may result in loss of security deposit.
16.7. Grant The Owners the right to access the property at any time during occupancy after reasonable notice has been given.

17. It is mutually agreed that should the property, for reasons beyond our control (e.g. fire, theft, sale etc), not be available on the date booked or the property is not available for holiday letting, all rent and any charges paid in full by you to us will be refunded in full. You accept that you will have no further claim against us.

18. We accept no liability for any accident, damage, loss, injury, expense, or inconvenience whether to person or property which you or any persons may suffer or incur that arise out of the rental or is in any way connected with the rental.

19. The Owners cannot accept a change of details to a booking once the deposit has been received. However, occasionally we can accept an alteration of dates, notwithstanding any obligations incurred if a change of dates is requested within less than 6 weeks of The Booker’s arrival date. Where any changes are made to a booking including dates, party size or additional pets, a minimum administrative fee of £70 will be charged, plus any extra pet fees.

20. The Owners aim to ensure that information is accurately conveyed on the website. Any changes to the property and its facilities will be notified to you as reasonably practical. We cannot accept responsibility for any changes or claims to the area amenities mentioned on our website.

21. Any complaints must be notified in the first instance to us, The Owners. In no circumstances can compensation be made for any complaints that are made after the date of departure, or where you have denied or prevented us the opportunity to try to put matters right during The Bookers stay.

22. Damage Occasionally accidents do happen and you agree to pay for any losses. This includes but is not limited to breakages, and markings on walls which may require redecoration. The property will be checked and cleaned before arrival but if you have any difficulties please contact Bathurst Estate Holiday Cottages. Should you find on arrival any damage or non-working items you will notify Bathurst Estate Holiday Cottages immediately so that matters can be rectified. Please see section 21 regarding complaints.

23. Any unresolved disputes can be referred to the jurisdiction of the English Court only and will be governed by English Law.

24. Wi-Fi is available free of charge unless allocated bandwidth is exceeded (please see below). A password will be given on arrival.
The availability of any Wi-Fi service in the property is not guaranteed and may be subject to bandwidth limitations in the properties where Wi-Fi is provided via satellite connection (High Grange, Devon; Clover Barn and Keepers Barn, Cotswolds). Please enquire at the time of booking, we can arrange further bandwidth should you need, which will incur an additional cost.
In the event Wi-Fi is available in the property, The Booker agrees not to use the Service to access Internet Services, or send or receive e-mails, which:

24.1. Are defamatory, threatening, intimidatory or which could be classed as harassment;
24.2. Contain obscene, profane or abusive language or material;
24.3. Contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
24.4. Contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
24.5. Contain material which infringe third party’s rights (including intellectual property rights);
24.6. In our reasonable opinion may adversely affect the manner in which we carry out our business;
24.7. Involves downloading, altering, e-mailing and distributing copyrighted content unless certain that the owner of such works has authorised its use by you
24.8. Constitutes or is capable of constituting a criminal offence or is otherwise unlawful or inappropriate, either in the United Kingdom or in any state throughout the world.

The Booker agrees to compensate The Owners fully for any claims or legal action made or threatened against The Owners by someone else because The Booker has used the service in breach of these Wi-Fi usage terms and conditions.

By proceeding with your booking, you/The Booker confirm you have read this Agreement and agree to the Terms and Conditions set herein.

Updated 27/4/18