The Contract for a short-term holiday rental will be between the proprietors of Higher Menadew Farm Cottages (referred to as “us” or “we”) and the person making the booking and all members of the holiday party (referred to as “you” or “your” or “guests”) under the following booking conditions.
The person who completes the booking form certifies that: a) he or she is authorized to agree the booking conditions on behalf of all persons included on the booking form, including those substituted or added at a later date; b) the signatory is over eighteen years of age at the time of booking and a member of the party intending to occupy the property; and c) agrees to take responsibility for the party occupying the property and that the following terms and conditions are adhered to by all members of the party. The names, addresses and ages of all the party members must be shared with the proprietors on request.
When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by post or email.
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Bookings
Bookings will only be accepted on one of our secure online booking forms. If a booking is made more than 60 days before the tenancy is due to start, it must be accompanied by a deposit of one third (1/3) of the rent. If a booking is made 60 days or less before arrival, the full rent must be paid at time of booking. All bookings are provisional until confirmed in writing by the proprietors. Once the booking form is received and accepted by the proprietors, the payment of the balance is due 60 days before the start of the tenancy. We reserve the right to cancel a holiday where payment has not been received 60 days before commencement date. Once you have a confirmed booking (i.e. the deposit has been paid and processed) you are responsible for the full rental cost even if you subsequently cancel. No entry to properties will be allowed without payment in full being cleared beforehand. Payments may be made by credit card, debit card, cheque or electronic bank transfer. Cheques should be made payable to AWJ & AK Higman and can only be accepted up to two weeks prior to holiday and with the consent of the proprietors.
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Cancellation
Cancellations must be immediately notified to us by phone and confirmed in writing. The treatment of a cancellation will depend on: a) the reason for cancellation, b) the date the booking was made, and c) when the cancellation is made.
2.1 Reason for Cancellation
National Lockdown. In the event of a national lockdown, where you are unable to travel and we are prevented from opening, and the travel restriction coincides with the period of your holiday, you will receive a full refund.
Regional / Local Lockdown. In the event that your address is put into a local / regional lockdown, rendering you unable to travel, and the travel restriction coincides with the period of your holiday, you will receive a full refund. This applies only to the address given on the booking form at the time of booking.
Your inability (or the inability of any, some, or all, of your party) to stay at your hired cottage for any other reason. This includes – but is not limited to – illness (including Covid), a requirement or recommendation to self-isolate or quarantine, a call to jury duty, 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 receive a refund, other than according to 2.2 or 2.3 below. You are strongly recommended to take out UK travel insurance to cover these eventualities. If you choose not to take out travel insurance for UK holidays, then you accept responsibility for any loss that you may incur due to your cancellation.
2.2 Cancellation by you - of a booking made after 8th January 2021
If you would like to cancel your booking, please contact us by phone and confirmed in writing as soon as possible. With the exception of national and regional lockdowns as described above in 2.1, please note that any refund given when cancelling your reservation may be subject to deductions as set out in these terms.
2.2.1 If there are 60 days or less than 60 days before the before the start of your stay, any refund will be subject to our ability to find an alternative booking. If we are unable to find an alternative guest for the period of your booking, we will not offer you a refund. If we are able to find an alternative guest for the period of your booking, you will be entitled to a refund equal to the lesser of: a) the full cost of your booking, less an administration charge of up to 10% of the total cost of the booking to cover our costs of cancellation and remarketing the cottage or making specific arrangements for you (these costs include our admin costs, remarketing costs, bank fees, accounting fees and agency fees or commission payments.); or b) the fee paid by the alternative guest for the accommodation, less our administrative charges described above, and any refund under this clause will be made within 14 days of booking start date. For this reason we strongly recommend you take out your own travel insurance for UK holidays which covers booking cancellations. This is available at very affordable rates, and gives you the peace of mind that you will get your money back if you need to cancel your holiday.
2.2.2 If there are more than 60 days before the start of your stay, we will offer you a full refund on cancellation, subject to an administrative charge of up to 10% of the total cost of the booking and any costs making specific arrangements requested by you in respect of your booking (for example, where you have requested certain facilities, additional facilities, etc). Any such refund will be made within 14 days of written confirmation of your cancellation.
2.2.3 Unless the circumstances described in the two clauses 2.2.1 or 2.2.2 apply, we will not refund any booking fees in the event of your cancellation for a Force Majeure Event (please see definition below). It is your responsibility to ensure that you have adequate insurance in place to cover any loss or damage that you may suffer as a result of cancelling all or part of your stay with us and any associated costs.
2.3 Cancellation by Us
2.3.1 If Higher Menadew Farm Cottages’ performance is hindered or prevented by a Force Majeure Event (please see definition below) Higher Menadew Farm Cottages may, at its sole discretion, offer you: a) a full refund; or b) alternative holiday dates; or c) such other remedy as Higher Menadew Farm Cottages considers appropriate with regard to the circumstances.
Liability is restricted to the return of all monies paid. If we have to terminate your holiday early you will be refunded part of the booking fee based on the time remaining of the booking. No additional compensation, expenses or costs will be payable.
2.3.2 In this contract a Force Majeure Event means any of the following circumstances which may hinder or prevent the performance of the contract including but not limited to:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- 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;
- nuclear, chemical or biological contamination or sonic boom;
- 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 licence or consent;
- collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts;
- non-performance by suppliers or subcontractors; and
- interruption or failure of utility service.
It is the responsibility of the lead booker to acquire suitable travel insurance to cover their holiday, including cancellation and curtailment protection insurance.
We would strongly advise that guests take out a travel insurance policy which covers booking cancellations. This is available at very affordable rates, and gives you the peace of mind that you will get your money back if you need to cancel your holiday. If you choose
not to then you accept responsibility for any loss that you may incur due to your cancellation. -
Electric Vehicle Charging Policy
3.1 About this policy
This policy sets out how Electric Vehicles (EV) should be recharged while at the Property and responsibilities of EV owners in respect of safe charging.
Any reference to ‘Property’ in this policy is a reference to the Property including any garden, grounds, outbuildings, or communal spaces.
This policy forms part of our contract with you. A breach of this policy will constitute a breach of the contract between us.
For the purpose of this policy an EV is any vehicle that uses electric motors, either fully or partially, to drive its wheels. It will drive some or all its power from rechargeable batteries which requires connection to the electricity grid (plug-in). This includes fully chargeable and plug-in hybrid cars, motorbikes, buggies, scooters, mopeds, bicycles, utility vehicles and tracked vehicles.
3.2 Who does this policy apply to?
This policy applies to all members of the Booking Party and such other visitors of the Property. It shall be the responsibility of the Lead Guest to inform all members of the Booking Party and any visitors of this policy.
3.3 What is an Electric Vehicle?
3.4 Domestic chargers are not permitted at the Property
Most EVs are supplied with a domestic charger, commonly known as a ‘granny charger’ or a ‘trickle charger’. These cables recharge the EV using a domestic power source via a 3-pin wall socket.
Domestic chargers are not suitable for use in the Property and will create a fire hazard. The use of domestic chargers is strictly forbidden.We retain the right to carry out reasonable inspection, on a without notice basis, to ensure that granny chargers are not in use in the property.
You are solely liable for any damage or loss suffered by us as a result of your unauthorised use of domestic chargers.
3.5 We do not have on-site charging facilities at the property and you must make your own arrangements for EV charging. Some close by charge points may be listed in our online guest guidebook.
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You may request to move your booking to alternative dates and, if we agree to accommodate your request, you will be responsible for any additional costs as a result. Such a change made within 60 days or less of your holiday start date may be subject to the cancellation terms above.
- The proprietors reserve the right to refuse any booking or to cancel any bookings already made subject to refunding any sums you have paid, excluding any credit card charges, without further liability on your behalf.
- The proprietors reserve the right to terminate your stay if you, or any member or members of your party, are believed to be causing a nuisance to the other guests or are not treating the property with due respect. You must not use the properties 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. No refunds or compensation will be given in these circumstances and we reserve the right not to accept any future bookings from you or any member of your party.
- The proprietors shall not be liable to you, or any other member of your party, for any loss or damage to you or to your property however caused. You must take steps to safeguard yourselves and your property. You must not use the properties 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. No refunds or compensation will be given in these circumstances and we reserve the right not to accept any future bookings from you or any member of your party.
- 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 the same clean and tidy condition at the end of the rental period as at the beginning. You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. If you lose a key we will replace it upon you paying for the cutting of a new one. You must not re-arrange the furniture or move items from one cottage to another. All items, including electrical appliances such as a vacuum cleaner, supplied by the proprietors for use inside the cottage must not be used outside.
- There must be no more members in your party than the cottage is designed to accommodate and only those listed on the Booking Form may occupy the cottage. A cot may only be occupied by a child less than 24 months of age. We reserve the right to refuse admittance if these conditions are not observed. Any persons other than members of your party must not use the facilities at Higher Menadew.
- We are essentially providing family accommodation and it is policy not to accept bookings from groups of young people under the age of 25 and/or large all male or all female parties. All other group bookings by arrangement.
- The proprietors reserve the right to enter the property at all reasonable times during your stay for the purposes of inspection or to carry out any necessary repairs and maintenance.
- Period of Hire. You are required to vacate the property by 9.30 a.m. on the day of departure, and arrive not before 4.30 p.m. on the day of arrival. (This ensures that we have time to prepare the cottage for incoming tenants and your co-operation in this matter will contribute to a trouble-free changeover.) Lettings are for a maximum of four weeks. You will be liable for any cost of whatsoever nature incurred because of an unauthorised extension. We reserve the right to charge a further day’s rental for any same day extension to the departure time.
- Smoking and pets: smoking is strictly forbidden inside the cottages; and, pets are not permitted.
- The proprietors reserve the right to cancel any booking or terminate the tenancy, without prejudice to the other rights and remedies of the proprietors, if it subsequently transpires that any of these conditions have not been observed.
- The proprietors reserve the right to change, e.g. through refurbishment, details as previously advertised.
- VAT is included in the weekly rent. Any change in the rate of VAT will be borne by the guest.
- Overseas guests may pay in GBP Sterling by cheque drawn on a UK bank, debit card or by international electronic transfer. Any charges for payments from overseas will be passed on to the guest. Debit card transactions are free of charge (see clause 1).
- The tenancy confers upon the Tenants the right to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
- Wi-Fi access: you, and all members of your party, accept the Higher Menadew Farm Cottages wi-fi access terms and conditions as the basis of use of the wireless internet access provided.
- Where you access your own streaming services through TVs or any other media platforms provided by the proprietors, it remains your responsibility to ensure that you are logged out when you depart the cottage. The proprietors cannot be held responsible for any subsequent financial charges made to you in the event of usage by any subsequent guests, who may have used your logged in account.
- 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. We value your custom and want you to return.
- The use of drones, night lanterns and fireworks are expressly forbidden. Candles, incense burners, tea lights or other forms of naked flame are forbidden in the cottages. Wood burners must be used correctly and safely and the doors must not be left open under any circumstances.
- Guest’s own electrical items. Guest appliances have not been PAT tested and could invalidate our insurance; and, in the event of causing damage or fire you are solely liable for any loss suffered by us as a result. Under no circumstances are you to use any of your own electrical items, other than small personal items such as laptops, tablets, phone chargers and hair related products, without prior written agreement. We expect guests to ensure that their own small personal electrical appliances are switched off and unplugged when guests are out of the cottage and overnight, this would include charging appliances. When charging an appliance or using an electrical item, ensure that these are placed on an inflammable surface. Power hungry items such as portable air conditioning units or any form of room heating device may not be brought and used in the cottages in any circumstances. We will levy a charge if we find they have been operating without consent.
- You are responsible for the full active physical supervision of all members or your party under the age of 18 at all times. This is particularly important around and in the swimming pool, in the games room, on the play equipment and on the play areas. Guests are required to familiarize themselves with and observe the rules and procedures contained in our online information guide, and information file, in particular regarding health and safety. There are specific rules for the use of swimming pool and the play equipment. Parties not supervising their children responsibly may be asked to put appropriate arrangements in place or to leave the relevant facility. Non-observance of these rules may lead to withdrawal of this facility for the whole party for the duration of their stay without compensation.
- Bicycles, scooters, ride-ons, roof boxes, cycle carriers, or any other large object must not be stored or used in the cottage in any circumstances. These are a major impediment to safe exit in case of fire.
- Amenities. The use of any amenities is complementary within the price and no refunds can be made if any amenities are not available due to reasons outside our control including adverse weather, mechanical or other breakage etc or where the owners feel it is necessary that they are not available for health and safety reasons, including Covid. The use of any amenities provided by the proprietors is entirely at the users risk and no responsibility can be accepted for any injuries to persons or loss or damage to any belongings of persons who use them. Further, the Owners or their servants will not be liable for any act, neglect or default on the part of the Owners or any other person. The Owners will not be liable for any accident, damage, loss, injury however caused. You are liable for any damage or loss suffered by us as a result of damage caused by you to our amenities.
- Left property. You undertake to check your accommodation before departure and remove all personal items. We can take no responsibility for items left, but if you think you have left something, we will attempt to locate the item[s]. After 5 working days any unclaimed left property will be disposed of. If we do locate your left item, to facilitate safe and speedy return and enable guests to track their item themselves, we can only return if you arrange a collection via the Royal Mail parcel collection service, which will pick up from our door.
- You should not engage any third party to provide any service at the property without the consent of the owner (and where relevant the owner’s insurers) and that in making a request for consent, the guest should provide written details of the service provider (and any information requested by the owner’s insurers) and the service to be provided and that consent will only be given where the third party supplier has appropriate insurance cover and has provided information relating to the insurance that is required.
- The owners do not accept liability for the activities of third party suppliers. Where the owners make a suggestion or recommendation of a particular third party supplier, that will be based on the genuine belief and experience of the owner / or feedback received by the owner from other guests / contacts, and the owner shall not be liable for the failure of a particular service provider to properly perform the relevant services, this being a matter between the guest and the relevant third party service provider. Providing such a recommendation / suggestion does not alleviate the requirement to seek consent to use a third party supplier.
- Data Privacy Statement: We treat any data collected during the course of making bookings or dealing with enquiries in strict confidence. Your data will never be sold. As members of Premier Cottages (a marketing collective of the best four and five star cottages in the UK) we have agreed to supply to Premier Cottages Ltd the names, postal and email addresses of all guests booking with us during the previous year, in order that these guests may be sent a Premier Cottages brochure and sent promotional emails from time to time. We also provide them with the email addresses of guest enquiries. By accepting these terms and conditions you are indicating your consent to receiving these communications unless you let us know otherwise. If at any time you would like your details removed from this list all you need do is to click the unsubscribe link on any of the emails or contact us by email and we will arrange for you to be removed from the database.
- The validity, construction and performance of this Agreement shall be governed by English law. If any term or provision in these booking conditions shall in whole or in part be held to any extent to be unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
- These booking conditions replace and supersede all previous booking conditions.
Higher Menadew Farm Cottages Wi-Fi Access Terms and Conditions
This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided free of charge to you, a customer/guest of Higher Menadew Farm Cottages (“us”) in consideration for your custom and your agreement to these terms and conditions.
1. Extent of the Service
1.1 We do not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.
1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted or received via the Service; or
1.5.3 that the Service will be compatible with your equipment or any software which you use.
1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
1.7 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
2. Your Use of the Service
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
2.4 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
2.5 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
3. Criminal Activity
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
4. Other Terms
4.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above.
4.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
4.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
4.4 This agreement is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.
Higher Menadew
St Austell
Cornwall
PL26 8QW