Terms & conditions
1 – The Contract
The Contract for a short-term holiday rental will be between Smallicombe Farm Holiday Cottages (referred to as “us”, “we” or “our”) and the person making the booking and all members of the holiday party (referred to as “you” or “your”) in the following booking terms and conditions. As our properties are located in England, you and we agree that the laws of England will govern our contract with you (the “Contract”). If any individual term or clause stated in these terms and conditions held to be invalid, impermissible or unenforceable permissible by law, the remaining terms shall be unaffected and shall remain valid.
The Contract will not come into force until we have received the Deposit referred to in Clause 2 below. The Contract will be subject to these booking terms and 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 full list containing the names and ages and contact details of all guests (which we will hold subject to Clause 13 below).
2 – Deposit & Payment
Your booking (“Booking”) may be placed over the telephone, by email or directly on our online reservation system. Where your Booking is communicated to us by telephone or by email, we will enter it onto our online reservation system, which will automatically generate a summary by email to the email address you provide in the online Booking form. However, that does not mean that your Booking is yet confirmed or that a Contract is yet in force between us and you.
Your Booking will only be confirmed and our Contract will only come into force once we have received payment in cleared funds of a deposit of thirty-five per cent (35%) of the full cost of your Booking (the “Deposit”) and we have emailed you a booking confirmation.
The Deposit must be paid within three (3) days of the Booking being placed or the provisional booking will be deleted from the system.
The balance of the rental will be due for payment Fifty Six (56) days prior to your holiday commencement date (the “Holiday Commencement Date”).
If you paid the Deposit by credit or debit card, you authorise us to use the details of the same credit or debit card to settle the balance of the rental. We will only act on this authority if you have not contacted us prior to the Balance Due Date to arrange alternative payment of the balance.
If for any reason we are unable to take payment of the balance by the due date and you are unable to promptly rearrange payment (or we cannot get hold of you to arrange for payment to be made) we will be entitled to treat that as your intention to cancel the Booking. If your Booking is made less than fifty six (56) days prior to the Holiday Commencement Date then your Booking will only be confirmed and our Contract will only come into force once we have received payment in full for the Booking in cleared funds.
No entry to our properties will be allowed without payment, in full, being cleared beforehand.
We accept payment by most major credit or debit cards and by bank transfer.
3 – Cancellation
Once a booking has been confirmed you are responsible for the total cost of the stay. In the event of a cancellation by you {after deposit paid, before balance paid} {please telephone ASAP, so every effort can be made to re-let the property), we will endeavour to re-let the property(ies) and if successful will refund all monies received less any discount offered to sell the period, plus £50 handling charge per week, per property. If we are unable to re-let the property, you will be held liable for the full amount of the booking and all monies will be forfeited .You are strongly advised to take out appropriate holiday cancellation insurance.
In the event of a cancellation by you (after full payment made) You will be held liable for the full amount of the booking and all monies will be forfeited. You are strongly advised to take out appropriate holiday cancellation insurance. In the event of non payment of the balance by the due date (56 days prior to arrival date) this will be treated as a cancellation by you, however a reminder will be sent before interpreting this as a cancellation. Any request by the you for transfer of booking to another property and/or a change of dates; will be treated as a cancellation of the booking by you.
4 – Cancellation by Smallicombe Farm
for Reasons Beyond Our Control (“Force Majeure”)
We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage, Internet or other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property) (these are sometimes referred to as “Force Majeure Events”).
These circumstances include any event which we could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of your accommodation (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday) through fire, flood, explosion, storm or other weather damage (including a period of electricity failure), break-in, criminal damage, riots or civil strife, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity and all similar situations beyond our control.
If for any reason beyond our control we are forced to cancel your Booking (or bring it to an end early) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable.
5. Period & Other Terms of Hire
The period from the Holiday Commencement Date to the day of departure set out in the Booking (the “Holiday Departure Date”) is the “Holiday Period”.
Unless expressly agreed by us in writing, you should not arrive before 5pm on the Holiday Commencement Date, and you must leave and vacate the property by 9am on the Holiday Departure Date. 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 for a longer period except with our express written agreement.
The Contract to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
This Contract relates to a “holiday let” the purpose of which is to confer on you as a holidaymaker the right to occupy our property for a holiday only. You shall not be entitled to any private residential tenancy or other tenancy, assured short hold or assured tenancy, lease, licence or other right to occupy, nor shall you obtain any security of tenure under any applicable law including but not limited to under the Private Housing (Tenancies) (England) Act 2016 now or at the end of the Holiday Period. You may not sub-let the property.
In the event that you are required, in accordance with guidelines imposed by the UK Governments in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)), to self-isolate at the property you will be responsible for the cost of (i) any additional nights out with the Holiday Period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.
6 – Number of Persons Using the Property
Under no circumstances may more than the maximum number of persons stated on our website occupy the property, except with our express written permission in which case we shall be entitled to charge an additional fee. We reserve the right to refuse admittance or require you to leave our property if this condition is not observed. Any persons other than members of your party must not use our accommodation or facilities.
7 – Our Liability
We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.
8 – 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 our properties.
You must ensure the property is securely locked when not occupied by you.
9 – Damages & Breakages
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. Any damages or breakages will have to be paid for in full on demand within seven (7) days of notification in writing (although we would not charge you for the odd glass or plate). We recommend that you have appropriate insurance in place to cover this.
If you lose a key we will replace it upon you paying for the cutting of a new one.
10 – Wifi & Internet
Free Wi-Fi is provided for your reasonable use and may be subject to separate terms and conditions. You agree to reasonable and lawful usage of this service. We will not be liable for slow connections or for any interruptions to or the failure of this service.
11 – 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.
12 – Complaints
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 (and to recommend us to your friends!). We live nearby, and will do our best to resolve any problem.
13 – Data Privacy Statement
See our privacy policy here https://www.smallicombe.com/privacy.
14 – Drones, Night Lanterns & Fireworks
The use of drones is not allowed without our express written permission. Fireworks are not allowed without our express written permission. Night lanterns and candles are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
15 – Pets
No pets are allowed in the property or in the farm.
16 – Care of your Property
Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk.
17 – Holiday Insurance
The booking costs do not include insurance, we recommend that you take this out in the event that you have to cancel or terminate your holiday unexpectedly.
18 – Owners Liability
We will not be liable for personal injury to the hirer or any member of the party, or for the loss or damage to the property of the hirer (including vehicles and contents). Whilst every endeavour is made to ensure that the particulars of our website and literature are correct the proprietors cannot be held liable in respect of changes or alterations made. We are relieved of any liability for accidents to visitors and any loss or damage to their property.
If in our opinion any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties or are not treating the accommodation with due respect, the contract may be discharged and we may repossess the property immediately. You will remain liable for the whole cost of hire and no refund shall be due.
We shall not be liable to you or any other member of your party for any loss or damage to personal items or of property to you or your party howsoever caused.
Smallicombe Farm reserves the right to decline accommodation and to demand immediate withdrawal of any persons not complying with the conditions, or for any conduct detrimental to the property or the comfort of the other guests.
19 – Disclaimer
The information published on this website is provided as a convenience to visitors and should be used for information purposes only and is subject to change without notice, if you require additional information, please contact us.
Smallicombe Farm makes every effort to ensure that the information contained on its website is current and accurate at the date of publication, no warranties are made, either expressed or implied, as to reliability, accuracy or completeness of the information. We accept no liability for any loss arising directly or indirectly from the use of or action taken in reliance on such information. These documents should not be copied, reproduced or redistributed, in whole or in part.
No warranty is given as to the freedom of this website from errors, defects, viruses, malicious programme or macro. Links from this website exist for information only and Smallicombe Farm accepts no responsibility or liability for the information contained on any such site. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. Links to this website are not permitted without the prior written consent of Smallicombe Farm.
20 – Complaints & Concerns
We should be made aware of any complaints or concerns as soon as is reasonably possible in order to give a chance to rectify the situation. In every case a complaint must be notified before departure. We cannot accept complaints notified after departure.
Smallicombe Farm reserves the right to refuse any booking or to cancel any bookings already made subject to refunding any sums you have paid without further liability on their behalf.
All reasonable efforts have been made to ensure that descriptions given to you in relation to a particular property are accurate. You acknowledge that minor differences may arise between photographs, descriptions and illustrations and the actual property.
If you have any specific requirement you are advised to confirm that requirement with us prior to booking.
Please ensure you take all due care in the accommodation, property, on the Farm, and surrounding land and be responsible for your own safety at all times.
We reserve the right to cancel any booking if it subsequently transpires that any of the above mentioned conditions have not been observed.
Lost & Found
If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after three (3) months.
Questions
Any changes we may make to our terms and conditions in the future will be posted on this page.
Questions, comments and requests regarding these terms and conditions should be addressed to stay@smallicombe.com.
This policy was updated on 1st January 2023.