We don’t like resorting to legal jargon but sometimes it is necessary
Booking Terms and Conditions
1. THE CONTRACT
The Contract for a short-term holiday rental will be between the Birchenfields holiday cottages referred to as “Birchenfields” or “We”) and the person making the booking and all members of the holiday party (referred to as “the Customer, or Your or You”) in the following booking conditions. UK Law will govern the Contract. The contract of hire is not effective until We have processed the deposit.
The contract will be subject to these booking conditions, and must be complied with. The party leader must be at least 18 years of age at the time of booking and prior to arrival We must be provided with a list containing the names, ages, Postcodes and contact details of all guests.
Bookings are CONFIRMED on receipt the deposit of 25% of the booking cost. The deposit must be paid within 3 days of booking being placed. The balance of the rental will be due for payment Twenty Eight Days prior to the booking commencement date for all bookings.
3. CANCELLATION Cancellation by You
Cancellations must be immediately notified to us and confirmed in writing. The treatment of a cancellation will depend on
1. a) the date the booking was made
2. b) when the cancellation is made and
3. c) the reason for the cancellation
Bookings placed between 15 April 2020 and 08 January 2021 are covered by the terms and conditions in place at that time.
Bookings placed from 09 January 2021 will be treated based on the reason for the cancellation, the length of time between cancellation and your holiday, and our ability to re-let the property, as follows:
a) National Lockdown – In the event of a national lockdown that coincides with your holiday, where you are unable to travel, and we are prevented from opening, you will receive a full refund.
b) Regional/Local Lockdown – In the event that the address given on the booking is put into Local/Regional Lockdown, rendering you unable to travel, and the period of restriction covers the period of your booking, you will receive a full refund. Please note that this applies only to the address given on the booking by the lead booker, and does not apply if a party member at a different address is unable to travel due to local lockdown.
c) If your booking has to be cancelled because Birchenfields has to close through Force Majeure, meaning any of the following circumstances which may hinder or prevent the performance by us of the Contract, including but not limited to:
(i) acts of God, flood, drought, earthquake or other natural disaster;
(ii) epidemic or pandemic;
(iii) 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;
(iv) nuclear, chemical or biological contamination or sonic boom;
(v) 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;
(vi) collapse of buildings, fire, explosion or accident;
(vii) non-performance by our suppliers or contractors; and
(viii) failure of utility service, and the period of closure covers Your booking You will be refunded in full.
d) Your inability (or the inability of any, some or all of your intended occupants) or disinclination to travel to and stay at Birchenfields Cottage for any 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 to receive a refund unless we re-let the property, other than according to the sliding scale below. You are strongly recommended to take out UK travel insurance to cover these eventualities. If you choose not to take out UK travel insurance then you accept responsibility for any loss that you may incur due to your cancellation.
e) Cancellations must be notified to Birchenfields by phone or email and once received we will confirm the cancellation request.
f) Birchenfields will apply the scale shown in the table below to bookings to determine the amount of the charge, which shall be a percentage of the total cost of the holiday.
It is the responsibility of the Lead Guest to acquire suitable travel insurance to cover their holiday, including Cancellation and Curtailment Protection Insurance. We strongly recommend that you take out suitable insurance which will cover you for possible cancellation of your UK holiday. There are several suitable options which include cover for COVID-related cancellation (see below), or you can look for suitable cover on comparison sites such as www.gocompare.com. We are not selling, promoting, endorsing or recommending any particular product, and do not benefit financially or have any formal relationship with any of these providers.
All refunds will be subject to deduction of a non-refundable administration fee of £75 to cover our costs and third party costs related to the cancellation and remarketing (these costs include our admin costs, re-marketing costs, bank fees, accounting fees and agency fees or commission payments).
A cancellation charge will be made based on the number of days notification of cancellation given by the person making the booking to Birchenfields Cottages, and whether the cottage is re-let for the period of the cancelled stay. Birchenfields Cottages will apply the scale shown in the table below to determine the amount of the refund payable to you. If the cottage is not re-let, this will be a percentage of the total cost of the holiday. If the cottage is re-let, the amount refunded will be the rebooking value (which may be less than you paid) less the non-refundable administration fee of £75. For the purposes of this Condition, the total cost of the holiday shall include any extra items ordered by the Holidaymaker.
Part Cancellations – If any person(s) in your party needs to cancel, this will not affect the total cost of your booking. In addition, no refunds are payable in the event that you cut short your stay.
Refunds for cancellations more than 6 weeks out will be made within 3 working days of the date of cancellation, which must be in writing (by email). Refunds for cancellations made less than 6 weeks out will be made within 3 working days of the earlier of the rebooking date, or the start date of the holiday (as the refund amount will depend on the rebooking value).
Time from Cancellation to Arrival Cottage not rebooked Cottage rebooked
We Refund to you We Refund to you
> 6 weeks Deposit less £75 Deposit less £75
36-42 days 60% of total cost Rebooking value less £75
29-35 days 50% of total cost Rebooking value less £75
22-28 days 40% of total cost Rebooking value less £75
15-21 days 30% of total cost Rebooking value less £75
8-14 days 20% of total cost Rebooking value less £75
0-7 days 10% of total cost Rebooking value less £75
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.
4. THIRD PARTY SERVICES
If you wish to engage any third party to perform any service (including by way of example private catering, beauty therapy, childminding or entertainment services) at the site or the Cottages you must obtain our written permission. Such permission should be requested in advance of your stay with details of the entity you intend to use to perform the service, the service to be performed and details of their public and employer’s liability insurance. Consent will only be given where we and our insurers are happy that the appropriate risks have been covered. The use of candles or fireworks is not permitted in any circumstances. We will not accept liability for the services provided (or failure to provide such services) by any third party supplier or business used by you in the course of your Stay (regardless of whether they are recommended or referred by us). This will not apply where we have been negligent or dishonest in this regard.
You may access the property from 16.00 on the day of arrival (earlier arrivals are strictly by arrangement only). Please note that departure is by 10.00 on your final day (again, later departures are strictly by arrangement only). Failure to do so may result in you being charged a further day’s rental. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
On departure, you are requested to leave the accommodation in a clean and tidy condition. This includes washing up, placing rubbish in bin liners and putting in outside bins, ensuring the oven is clean and free from grease.
The holiday price will include all use of water, electricity and heating.
8. NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on the web site occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities at Birchenfields unless previously agreed – no tents, caravans or campervans are allowed.
9. RIGHT TO EVICT
Birchenfields Cottages may terminate the Agreement on notice, and in such case the Guest and his or her party must leave the Accommodation, (without compensation being payable to the Guest or any member of his or her party) if:
a. this is deemed necessary by Birchenfields Cottages where there is a serious breach by the Guest of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of other visitors or members of staff; or
b. any substantiated complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
Birchenfields Cottages, its employees and representatives shall not be liable to you or your party for loss or damage to property howsoever arising unless demonstrably caused by our negligence or wilful misconduct or that of those for whom we are legally responsible. You must take all necessary steps to safeguard yourselves and your property.
Any Guest’s property found at the Accommodation or on Birchenfields Cottages property will be returned to the owner subject to a £10 administration fee and cost of postage. Lost property will normally be disposed of if it is not collected within 6 months.
11. CARE OF THE PROPERTY
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 a reasonable clean and tidy condition at the end of the rental period. 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. Smoking is not allowed in any of the properties. Any damages will have to be paid for in full within seven days of notification. We recommend that you have insurance in place to cover this.
12. DAMAGES & BREAKAGES
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand (although we would not charge you for the odd glass or plate). If you lose a key or gate fob we will replace it upon you paying for the replacement with a new one. Any damages will have to be paid for in full within seven days of notification. We recommend that you have insurance in place to cover this.
Wi-Fi is provided for the guest’s reasonable use. The guest agrees to reasonable and lawful usage of this service. A password will be provided on arrival.
14. RIGHT OF ENTRY
We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
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.
17. DRONES, NIGHT LANTERNS AND FIREWORKS
The use of drones, fireworks or lanterns is expressly forbidden.
18. GOVERNING LAW
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.
4. Birchenfields Cottages Right to Refuse/Alter
4.1 Birchenfields Cottages may, at its discretion, refuse any booking.
4.2 Birchenfields Cottages may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary due to circumstances beyond the reasonable control of Birchenfields Cottages.