DOWNS BARN FARM
Cottage Booking Terms
Please read our booking terms and conditions before placing your booking. If you have any questions please get in touch with us.
Please note – When you make a booking by telephone or via our online reservation system you will receive an automatically generated booking summary by email. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by email. When a booking is submitted by telephone the booking will be confirmed by post or email.
CONTRACT
The booking Contract will be between the Owners of Downs Barn Farm self catering 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”) under the following booking conditions. UK law will govern the Contract. The contract of hire is not effective until we have received and processed the deposit. The party leader must be at least 18 years of age at the time of booking and the booking form must list names, addresses and ages of your party.
BOOKINGS AND PAYMENT
Bookings are confirmed upon receipt of the deposit of 33% of the holiday cost. The balance will be due 56 days prior to the commencement of your holiday. We reserve the right to cancel a holiday where payment has not been received by the due date. If the booking is made within 56 days of the holiday start date, then payment will be due in full. 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.
CANCELLATION
Cancellations must be immediately notified to us by phone and confirmed in writing. The treatment of a cancellation will depend on a) the date the booking was made and (b) when the cancellation is made:
- Cancellation by you
1.1 If you would like to cancel your booking please notify us by phone and confirm in writing. Please note that any refund given to you when cancelling your reservation 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:
National Lockdown – In the event of a national lockdown, where you are unable to travel, and we are prevented from opening, you will receive a full refund.
Regional/Local Lockdown – In the event that your address is put into Local/Regional Lockdown, rendering you unable to travel, you will receive a full refund. Please note that this applies only to the address given by the Lead Booker at the time of booking and does not apply to party members at a different address unable to travel due to local lockdown.
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 1.2 or 1.3 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.
1.2 If there are fewer than 56 days before the start of your stay, with the exception of 1.1 above, any refund we give you 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 administrative charge of up to £20 to cover the cost of cancellation and remarketing the cottage (these costs include our admin costs, remarketing costs, bank fees); 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 the booking start date.
1.3 If there are more than 56 days before the start of your stay, we will offer you a full refund on cancellation, subject to an admin charge of up to £20. Any such refund will be made within 14 days of written confirmation of your cancellation.
- Cancellation by us
2.1 If Downs Barn Farms performance is hindered or prevented by a Force Majeure Event (please see definition below) Downs Barn Farm may, at its sole discretion, offer you:
2.1.1 A full refund
2.1.2 Alternative holiday dates
2.1.3 such other remedy as Downs Barn Farm considers appropriate with regard to the circumstances
2.2 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; –
2.2.1 Acts of God, flood, drought, earthquake, or other natural disaster
2.2.2 Epidemic or pandemic
2.2.3 Terrorist attack, civil war/commotion/riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations
2.2.4 Nuclear, chemical or biological contamination or sonic boom
2.2.5 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:
2.2.6 Collapse of buildings, fire, explosion or accident
2.2.7 any labour/trade dispute, strikes, industrial action or lockouts
2.2.8 non-performance by suppliers or contractors and
2.2.9 interruption or failure of utility service
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.
Cancellation Insurance
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. It is the responsibility of the Lead Booker 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.moneysupermarket.com or 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.
Trailfinders – https://www.trailfinders.com/insurance#/step1
PJ Hayman – https://www.pjhayman.com/travel-insurance/staycationplan/
TERMS OF USE
You may access the property from 16.30 on the day of arrival
Departure is by 10.00 on your final day
We need this time to ensure that the cottage is ready for your arrival after the previous guests. 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.
NUMBER OF PERSONS USING THE PROPERTY
Any persons other than members of your party may not use the facilities at Downs Barn Farm without prior permission from ourselves. The number of maximum guests is stated on the website. For Seascape this is up to six persons (adults or children) and one infant in a cot. Under no circumstances can extra guests be accommodated. We reserve the right to decline accommodation if this condition is not observed.
LIABILITY
Downs Barn Farm its employees and representatives shall not be liable to you or your party for loss or damage to your property howsoever arising. You must take all necessary steps to safeguard your personal property and baggage. No responsibility can be accepted for loss or damage to motor cars
CARE OF THE PROPERTY
You are responsible for the property and are expected to take all reasonable care of its fixtures and fittings. 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 must not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. Smoking and vaping is not allowed in any of the properties.
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).
RIGHT OF ENTRY
We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
COMPLAINTS
Every effort is 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. We are on site and will do our best to resolve any problem. This is easier to do before your leave!
PETS
We do not allow dogs or pets anywhere on the property.
PRIVACY POLICY
We are committed to ensuring the best standards of practice in all our activities. Visitors to our web site can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held and used in strict compliance with the Data Protection Act 1998.
Information Collected
We do not collect any personal information from visitors to our website other than information that is knowingly and voluntarily given. Anonymous information is collected, such as the number of visitors to the website in a given period or details of properties and dates selected for online bookings, but it is purely statistical and cannot be used to identify an individual user. Cookies are not used to collect any other information from visitors to the website.
Use of Information
The information collected may be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent. 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 from us unless you let us know otherwise, which you can do at the point of booking by ticking the Marketing Notes box in the extras section. 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 and we will arrange for you to be removed from the database.
Third Party Disclosure
We will NEVER pass any personal information on to any third party without your consent.
Data Security
We take appropriate measures to safeguard the information we hold from unauthorised access or improper use. Our database is stored in a secure, password protected location. Only users authorised by us have access to this data.
Integrity of Data
We take all reasonable measures to ensure that the information we hold is accurate. In particular we use reliable collection methods and destroy or convert to an anonymous form, any out-of-date data. Individuals may request details of all personal information held by us so as to contest inaccurate or incomplete data, verify the information and have it corrected as appropriate.
Children
Our website is not targeted at children but in any event personal information will not knowingly be collected from children under fourteen years without parental consent.
Enforcement
Any queries relating to our collection or use of personal information should be addressed to us here.
WiFi 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 Poltarrow Farm Holiday Cottages (“us”) in consideration for your custom and your agreement to these terms and conditions.
- 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.
- 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.
- 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.
- 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 court
