This Contract is for short term holiday rentals of properties at Beechcroft, Cowbeech in East Sussex and is between Michael F Haydon as the owner of Beechcroft and the Client. Any issues arising under the Contract should be addressed to Michael F Haydon, t/a Beechcroft, Beechcroft Farm, Cowbeech, East Sussex, BN27 4JG. This Contract will be entered into on issue of the ‘Confirmation Letter’ and will be subject to all the Booking Conditions. The Client should check the ‘Confirmation Letter’ carefully. The owner reserves the right to terminate any contract on giving not less than 12 weeks notice in writing prior to the commencement of the stay and in such circumstances any deposit/ monies paid will be returned in full.
When you submit an enquiry online 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 in writing via a letter of confirmation sent to you by post or email. The right is reserved to decline enquiries without explanation. This agreement is made on the basis that the property is to be occupied by holidaymakers for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Guests acknowledge that the occupancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it end 3. VAT is included in the rental fee and charges (excepting the Damage Deposit) at the rate specified on the website. The vat rate is subject to appropriate change which in turn may affect adjusting the rental quoted from time to time.
2.1 If, when making your Booking, the start date of your proposed Rental Period is more than 8 weeks away, You must pay a non refundable deposit of one third of the Rental Fee. The balance of the Rental Fee is payable 8 weeks before the start of the Rental Period.
2.2 The entire Rental Fee is payable at the same time as your Booking if the Booking is made 8 weeks or less before the start of the Rental Period.
2.3 The right is reserved to cancel your Booking at any time and retain the deposit if the balance is not received by the due date.
2.4 We will issue a Booking confirmation to you once you have successfully completed the enquiry process and in all cases all money due at the time of Booking has been received in cleared funds. You should check the confirmation form carefully and notify us immediately in case of any discrepancy or mistake.
2.5 The Owner may at any time before the confirmation is issued accept bookings from other customers for the selected cottage.
2.6 If the selected cottage is unavailable for your selected Rental Period and we are unable to accept the Booking for this or any other reason, we will return all money received from you in full.
2.7 For Bookings made less than 3 weeks before the start date of the Rental Period, no cheques or credit card payments will be accepted as payments must be made in cleared funds, i.e. by debit card or BACS.
2.8 All cheque payments shall be made to Michael Haydon to the address Beechcroft Farm, Cowbeech, East Sussex, BN27 4JG
VAT is included in the rental fee and charges (excepting the Damage Deposit) at the rate specified on the website. The vat rate is subject to appropriate change which in turn may affect adjusting the rental quoted from time to time.
4.1 If You cancel the accepted confirmed Booking for any reason, you must notify us in writing at the address stated in these Booking Conditions.
4.2 A cancellation charge is payable depending on the number of days (or part thereof ) before the Rental Period start date that the notice of cancellation is received by us. The amount payable is set out below, where number of days refers to the number of days notice given at cancellation prior to Rental Period start date, and the Cost refers to the percentage of the Rental Fee of the Selected Cottage:
No. of days prior to booking to cancel your rental period:
57 days or more
The cost you will incur to cancel your Rental Period:
100% of the Rental Fee
50% of the Rental Fee
The Full deposit
4.3 Please note that should a cancellation be made the Owner shall be entitled to retain sums received from you in accordance with further condition 4.5.
4.4 If the cottage which you have booked and which has been accepted becomes unavailable or unusable for any reason prior to the start of the Rental Period, we will use reasonable endeavours to find a suitable alternative Property. If an alternative Property is unavailable, you will be reimbursed any sums received from you in respect of the Contract.
4.5 If you agree to take an alternative Property, you will be sent a confirmation letter setting out details of the new Property, Rental Fee and Rental Period
and you will be deemed to have entered into a new contract with the Owner of the new Property (deemed to be the Selected Property), such contract to have incorporated these Booking Conditions and you shall be liable to make payments in accordance with these Booking Conditions.
5. RENTAL PERIOD
5.1 The Rental Period commences, unless otherwise notified, at 4.00 pm on the day of arrival and terminates at 10.00 am on the day of departure.
5.2 Late departures may be available at our discretion for a fee
5.3 If your stay extends beyond the period of hire in condition 5.1, or such other period as expressly agreed under conditions. 5.2 and 5.3, you may be subject to a charge for the additional time based on the applicable daily rate for the Selected Property.
6. CHANGES OF RENTAL PERIOD
We will endeavour, but is under no obligation, to consider a request from you to change the Rental Period after it has been confirmed and accepted. Such a request will only be accepted if: the Selected Cottage is available for the new Rental period requested; you pay an administration fee, £60.00 (including VAT) but variable, and any sums due in respect of any higher prices for the Selected Cottage for the new dates.
7. USE OF SELECTED PROPERTY
7.1 You agree that the number of people staying in the Selected Property will not exceed the maximum number stipulated on the Website.
7.2 You agree that the Selected Property will be used for personal and domestic purposes only.
7.3 You agree that the Selected Property will not be used for any commercial purposes without written consent.
7.4 You agree that the Selected Property will not be used for any activity or in such a way that causes a nuisance or annoyance to neighbours of the Selected Cottage.
7.5 You and your guests will comply with any reasonable regulations relating to the Selected Cottage or the site within which the Selected Cottage is situated, which will be communicated to you upon/ prior to your arrival at the Selected Cottage.
7.6 Smoking of tobacco in any form or E-cigarettes is not permitted within any cottage.
The Guests’ occupancy of the Property may be ended without compensation if:
Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance.
Guests other than those named on the Enquiry Form at the time of booking or similarly more people than declared and/or the number that the property is defined to hold, attempt to or take up occupation. (Overnight guests are not to be entertained without the Owner’s express permission.)
Pets (excepting those specifically authorised) are allowed on to the property.
Guests smoke or vape inside the cottages.
8 . CARE OF SELECTED COTTAGE
8.1 You agree to keep the Selected Cottage and its contents in the same condition and repair as found on your arrival at the Selected Property and shall procure that your guests shall also take such care of the Selected Property and its contents.
9. REFUNDABLE SECURITY/DAMAGE DEPOSIT
On lettings of 4 weeks or more, a deposit amounting to 4 weeks rent is payable with the rent at the commencement of the term as security for the performance of the Guest’s obligations as detailed in these Booking Terms & Conditions and to compensate the Owner for any breach thereof. The deposit will be refunded less any deductions, within 10 days once the following have been completed.
1. Possession of the property has been returned to the owner.
2. The keys have been returned to the owner.
3. Both parties have confirmed their acceptance of any deposit deductions (if Applicable) in respect of the Care of the Property.The deposit is not transferable by the guest in any way. In the event that the total amount lawfully due on giving possession exceeds the amount of the deposit the guest shall reimburse the owner the further amount within 14 days of the request being made. In the event of dispute the owner will forthwith refer the matter to a Chartered Surveyor whose decision shall be binding upon both parties.
10.1 Dogs are not permitted in the cottages, gardens or grounds as there is an active Aberdeen Angus beef breeding farm close by. Special consideration may at the Owner’s sole discretion be granted on occasion
for one well behaved dog, subject strictly to prior agreement being obtained. There may be further charges and additional conditions will apply. No other pets are allowed.
11. RIGHT OF ENTRY
The owner shall have the right of entry to the Selected Cottage at all reasonable times, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out any necessary repairs or maintenance.
12. RIGHT TO REFUSE BOOKINGS AND TO TERMINATE CONTRACT
12.1 The Owner reserves the right to refuse Bookings from: a) groups of people under the age of 21; and/or b) hen or stag parties.
12.2 You must inform us at the time of Booking if your party falls in condition 12.1(a) and/or 12.1(b).
12.3 The Owner reserves the right to terminate a Contract without prejudice to any rights and remedies accrued by the Owner or you which shall remain following termination and ask you and your guests to leave the Selected Cottage immediately if it is deemed necessary by the Owner as a result of your behaviour or that of any of your guests or any other material breach of these Booking Conditions.
12.4 In the event that your Contract is terminated in accordance with condition 12.3, the Owner reserves the right not to refund to you any part of the Rental Fee in respect of the shortened Rental Period.
13.1 Should there be any cause for complaint during your stay in the Selected Property, you should notify the Owner promptly and describe the nature of the complaint. We will use reasonable endeavours to resolve any complaints.
13.2 If you wish to make a complaint after your Rental Period has ended please do so in writing within a reasonable period but note that compensation cannot be offered where a complaint has not been raised during your stay.
14.1 The Owner is not liable to You or any of your party under or in connection with the Contract (save in respect of condition 16) or for any acts or omissions of the Owner or its agents or representatives.
14.2 Nothing in these Booking Conditions shall limit
or exclude the liability of the Owner for death or personal injury resulting from its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
14.3 Subject to condition 14.2 all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract.
14.4 Subject to condition 14.2 the Owner shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or for any loss (either direct or indirect) of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
14.5 Subject as stated in condition 14.2, the aggregate liability of the Owner to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the Contract shall be limited to damages not exceeding three times the total amount of the Rental Fee received from You.
15. FORCE MAJEURE
15.1 The Owner shall not be liable for any delay or nonperformance of obligations under the Contract
to the extent that the performance is interrupted or prevented by any act or omission beyond reasonable control. The Owner shall as soon as reasonably practicable upon it becoming aware of the same notify You.
16. DATA PROTECTION
“Data Protection Legislation” means the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679 (as applicable) and any other laws relating to the protection of personal data and the privacy of individuals.
16.1 For the purposes of this clause, capitalised terms not defined elsewhere in this Contract shall have the meaning set out in the Data Protection Legislation. The Owner and his employees are joint Data Controllers of all Personal Data provided to the Owner by You. It is agreed that the Owner can process such Personal Data for the purposes of processing and administering your Booking.
16.2 The Owner will comply with the Data Protection Legislation and any directions issued by the Information Commissioner in the processing of such Personal Data.
16.3 You agree that we may Process the relevant Personal Data and may need to pass your Personal Data on to third parties and organisations who need to know them so that the Booking can be provided.
16.4 When acting as a Processor, in relation to the Booking and the Contract, we shall:
16.4.1 Process the Personal Data only to the extent necessary for the purpose of providing the services and in accordance with any written instructions from You and this Clause 16;
16.4.2 implement and maintain appropriate technical and organisational measures in accordance with the Data Protection Legislation to ensure a level of security appropriate to the risks that are presented by such Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of Processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects;
16.4.3 not transfer the Personal Data outside of the EEA unless adequate levels of protection are in place;
16.4.4 ensure that any employees or other persons authorised to Process the Personal Data are subject to appropriate obligations of confidentiality;
16.4.5 not engage any third party to carry out its Processing obligations other than by way of a written contract which confirms that such third party will, at all times during the engagement, be subject to Processing obligations which comply with the Data Protection Legislation;
16.4.6 as soon as reasonably possible and without undue delay notify You about any request (including subject access requests) or complaint received from Data Subjects without responding to that request (unless authorised to do so by You) and assist you by technical and organisational measures, insofar as possible, for the fulfilment of your obligations in respect of such requests and complaints at its then- current rates;
16.4.7 notify You without undue delay as soon as we becomes aware of any relevant breach in data security;
16.4.8 maintain appropriate records and information in compliance with Data Protection Legislation and on request by You, make available such records and information necessary to demonstrate our compliance with this Clause 16 and otherwise permit, and contribute to, audits carried out by You (or Your authorised representative) at its thencurrent rates; and
16.4.9 on termination or expiry of this Contract, destroy or return (as You direct) all relevant Personal Data in its power, possession or control and delete all existing copies of such data except to the extent it is required to retain a copy of the Personal Data by law.
16.5 You acknowledge that we may also Process and store your personal details for its own administration, market analyses and operational reviews.
16.6 You consent to the appointment of third party Processors needed to complete the relevant Bookings. 16.7 You acknowledge that we will collect name, address, email and other contact details (as well as bank details, in some cases) in order to complete the Booking, and that our Processing of such Personal Data shall continue for the duration of this Contract.
GENERAL NOTES WEBSITE DETAILS
We aim to ensure that the particulars of the Properties as they appear on the Website are accurate. Nevertheless, on occasions there may have been a change of circumstances and the Website cannot always be up to date. For example, the local shop or pub may have closed for business. Please ensure that you check all of the details on your Selected Cottage (including price) at the time of Booking. Endeavour will be made to notify you of any changes or inaccuracies in any information contained in on the Website, or otherwise provided to you, as soon as reasonably practical after we become aware of any such change.
The Owner takes the safety of guests seriously. Therefore we ask that guests who stay in the Property take a few moments to think about their safety at the Property. In particular You should:
1) Check the layout of the Cottage so that in an emergency You and your party can get out quickly and easily.
2) Check the locations of the fire blanket and read the instructions for use.
3) Check the location of the first aid box.
4) Read and take note of specific safety information provided in the Property. If you have any concerns about the safety of the Property, whether it be the garden, equipment or facilities, You should contact the owner immediately.
COTTAGES WITH CHARACTER
We ask Guests to bear in mind the Cottages are period properties and were built before the days of damp proof courses and cavity wall insulation, so some Properties may occasionally show slight signs of damp. Please bear this in mind if your party includes an elderly/infirm person or very young children. Should traditional cottage features (steep stairs, low beams, uneven floors) be a problem for any member of your party, You should consider this when selecting a Property before making any Booking and we can advise on property suitability.
We will endeavour to help those in your party with special requirements by recommending cottages that are especially suitable; please refer to our Website or contact us at the time of Booking. The Properties are over 100 years old. Consequently the structure and fittings will not necessarily have current safety and design features and lack facilities such as ramps for wheelchairs. Some Properties may not be childproof and may have steep approaches or internal staircases. Access Statements for each cottage are available on request. Please contactus in order to discuss any particular needs that you may have prior to booking.
We farm and are in a rural location so that you may experience some animal noise and occasionally noise from grass cutting or other farm machinery or activities. Flora and fauna: Please recognise that in rural areas, insects and other creatures are fairly common and not necessarily an indication of poor housekeeping standards. Whilst preventative action is always taken these creatures can never be eradicated completely.
We aim to ensure you have an enjoyable and comfortable stay. Unfortunately, things sometimes can go wrong while on holiday but these situations are always best resolved at the time. Your contract is between You and the Owner, therefore in the event of a problem you should contact the Owner/Housekeeper immediately to allow remedial action to be taken. However, please note any complaints raised after your holiday will not result in any form of compensation. The property you have booked is a domestic home and the Owner does not always have access to 24 hour a day maintenance services.
You should report accidental damage or breakage if and when it happens. Repairs or replacement items can then be arranged in advance of the arrival of the next guests.
The Owners cannot be held responsible for any buildings or road workings which may be carried out close to your Selected Cottage. Where we are aware of any anticipated works, we will endeavour to advise You in advance.
Special requests may be made prior to travel and whilst we will endeavour to meet them, this cannot be guaranteed. Under no circumstances will requests accepted by us form part of our contractual obligations. Unless agreed in writing by the Owner, we do not accept liability for special requests that are not fulfilled.
Withdrawal of Facilities:
We reserve the right to alter or withdraw amenities or facilities or any activities without prior notice; where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond our control. Please note: We reserve the right to update Booking Conditions from time to time. Any updates to the terms will be reflected on our Website, and taken to be included in the contract.
17.1 If any provision of the Contract (or part of any provision) is found by any court or other authority
of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17.2 You shall not, without the prior written consent of the Owner, assign or transfer, or deal in any other manner with all or any of your rights or obligations under this Contract.
17.3 A person who is not a party to this Contract
shall not have any rights under or in connection with it.
17.4 The Contract shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.