Terms & Conditions
Booking Terms and Conditions for ‘Mistletoe Cottage, Kinnersley’.
(Amended September 2020)
By booking a holiday with us, you agree with us that the booking and the booking contract are subject to the Booking Terms and Conditions which are set out below.
Within these Booking Terms and Conditions:
“you” and “your” means the person whose name appears in the booking confirmation as the party leader but these Booking Terms and Conditions apply to all other persons in the party (including anyone who is added or substituted at a later date);
“We”, “us” and “our” means Mistletoe Cottage, Kinnersley.
“Owner” means the person or persons who own the property that is subject to the
“booking” means the process set out below leading to the formation of the booking contract;
“booking contract” means the legal binding agreement between you and the Owner which comes into effect once a booking is confirmed in accordance with paragraph 2;
“property” means the property in respect of which a booking is made;
“force majeure” means any event which we or the Owner could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our or the Owner’s control.
1. General terms and conditions
1.1 You must be aged 18 years or over when the booking is made.
1.2 Bookings for stag and hen parties are not permitted.
1.3 You may occupy the property for the purpose of a holiday only (as defined in the Housing Act 1988, Schedule 1, Paragraph 9) and it is understood that no assured shorthold tenancy, statutory periodic tenancy or any other type of tenancy will arise other than a holiday letting.
2. Booking procedure
2.1 A deposit of 50% of the total rental cost of the property must be made at the time
of the provisional booking.
2.2 The final 50% of your rental cost (plus security deposit) must be made eight weeks prior to your arrival date. At this stage, your booking is confirmed and we will send you confirmation by email. Please contact us immediately if any information which appears on the booking confirmation is incorrect or incomplete.
2.3 Bookings made within eight weeks of the arrival date at the property must be paid in full at the time of the booking.
3. Prices and payment
3.1 Our quoted prices are for accommodation only and include cleaning on departure, bed linen and towels, electricity, water and central heating. Please refer to the property description for any additional charges, such as logs for the wood burner, or dogs.
3.2 There is an additional charge of £20.00 per person per week for the use of the Shepherd’s Hut when it is used for sleeping for 1 or 2 people. Please note that bedding, sleeping bags, towels and personal items are not provided for the Shepherd’s Hut.
3.3 Payments can be made in UK sterling by bank transfer, or by credit or debit card. You will reimburse us for any charges raised against us for handling overseas bank transfers or other payments.
3.4 Our booking system is PCI compliant and protected by Secured Socket Layer encryption.
4. Security deposit
4.1 A security deposit of £100 is required to cover the cost of any damage or
breakages to or at the property, its contents or grounds, by humans or dogs.
Any additional cleaning as a result of pet spoilage, smoking inside the property, replacement of lost or non-returned keys (and replacement of locks if necessary) will result in a penalty fee and the cost of professionally cleaning the soft furnishings.
4.2 If you have opted to use only one bedroom and bathroom for the duration of your stay, you will have received a discount of 20% from the published weekly holiday price. If the housekeeper determines that the bedroom and bathroom are not as it had been left at the start of the holiday, the 20% will be charged back to you, and will be calculated in conjunction with the security deposit. You will receive any refunds within 4 days from the end of your holiday, and similarly, charges will be made in the same time. You will receive an email to advise of any expected refunds and charges.
4.3 We will hold your credit or debit card details used to pay the deposit or balance of the booking for the security deposit, unless you state otherwise and provide us with alternative debit or credit card details.
4.4 The credit or debit card provided in respect of the security deposit must be valid for a month after the booking departure date. You agree to us holding your card details for the purpose of payment of the security deposit or any part of it or for any additional sums which are payable by you.
4.5 The housekeeper or Owner will inspect the property after your departure.
4.6 If there is a delay in obtaining an invoice (for instance if repairs are involved), we will charge the full amount of the security deposit and will refund any excess to your debit or credit card once the final invoice is received.
5. Your obligations
5.1 You must arrive and depart within the check-in and check-out times stipulated for the property, unless special arrangements have been agreed in advance. Failure to check out on time may result in a charge of £50 being made to your security deposit.
5.2 You must keep the property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the date of your arrival and in the same state of general order in which they were found.
5.3 Mattresses are checked after every booking. In the event of a mattress being soiled, you will be charged for a new mattress or sanitisation if the latter is viable. Waterproof mattress protectors are provided on the beds.
5.4 You will be charged for the cost of replacing bed linen and towels with permanent staining from fake tan or make up, or other stains.
5.5 Mistletoe Cottage has a strict no-smoking policy and if you fail to observe this prohibition you will be charged a penalty in addition to the cost for the cleaning of soft furnishings and any other additional cleaning required to remove all traces of smoke from the property.
5.6 You must promptly report to the housekeeper or owner of any breakages or damage that may occur during your stay at the Cottage. We would like to replace these during your stay, so that our next guests can enjoy the facilities as you have found them You will be responsible for payment of any breakages, loss or damage to the property and/or its grounds or contents caused by you. In the event of minor breakages (e.g. glasses), the item(s) should be replaced like for like or cash left for replacement. Please send an email so that we can obtain new items. [email protected]
5.7 You are responsible for the neighbourly and appropriate behaviour of your party. Should you or a member of your party abuse the property or display dangerous, disrespectful, offensive or rude behaviour to anyone in the vicinity, undertake any illegal or offensive activity, we reserve the right to require the person(s) concerned to leave the property, immediately and without refund.
5.8 You are responsible for you and your party maintaining acceptable levels of noise at the property and within the grounds and vicinity of the property particularly between the hours of 10.00pm and 8.00am. In the event of you or any member of your party breaching this responsibility, we reserve the right to ask you to vacate the property, immediately and without refund.
5.9 Any changes to your party should be notified to us. You may not exceed the maximum number of guests permitted to occupy the property as stated in your booking confirmation, or exceed the maximum number of guests the property accommodates or sublet the property.
5.10 If you intend to organise a function (e.g. party or wedding) at the property, you must seek prior permission from us. A facility fee and an increased security deposit may apply at the Owner’s discretion.
5.11 You must adhere to the policy on pets set out in paragraphs 13 and 14 below. Dogs are welcome but you must not exceed the number of dogs allowed in the property.
6. Our liability and that of the Owner
6.1 We do not exclude or limit in any way our liability to you, where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the booking contract. However, we do not accept liability for any loss, damage, injury or death howsoever caused to you (or anyone in your party) or to your vehicles or personal property in circumstances where we have been negligent. Any valuables left at the property are left at your own risk. It is your responsibility to ensure that all doors, shutters and windows are closed and locked when leaving the property or when in the grounds. You should take out adequate travel insurance (including liability for accidental damage to the property, cancellation cover and medical and emergency expenses) prior to the commencement of your holiday.
6.2 Children within your party should be monitored by you at all times and it is your sole responsibility to ensure children use the property safely and with due diligence and care.
6.3 We are not responsible for noise or disturbance originating beyond the boundaries of the property.
6.4 We cannot be responsible for the failure or interruption of the supply of water, electricity or broadband to the property or the removal of waste water from the property or for the breakdown of domestic and mechanical equipment such as heating or plumbing systems and boiler systems. In such circumstances, the Owner, housekeeper or managing agent will take all reasonable steps to reinstate the supply or service or repair any equipment as soon as practicable.
6.5 Where broadband is provided, no responsibility is accepted for any failure of the service, nor can a minimum speed be guaranteed, particularly in rural areas.
6.6 The Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the booking was made, both we and you knew it might happen.
6.7 The Owner cannot accept liability or pay any compensation where performance of our obligations to you is affected or prevented by or you otherwise suffer any damage, loss or expense of any nature as a result of force majeure.
7. Access to the property
We, and the housekeeper, have a right to access the property at any reasonable time during your stay to carry out essential maintenance. We will endeavour to give reasonable notice to you if practicable. Gardeners and maintenance staff may also enter the grounds during your stay but will try as best possible not to interfere with your enjoyment of the property.
8.1 In the event that a complaint arises whilst you are on holiday you should first contact the us promptly (details will be found in the Guest Arrival Information or Property Information Book) to allow an opportunity to rectify the matter. It is important that this procedure is followed to allow us the opportunity to investigate the complaint during your holiday.
8.2 In the unlikely event that any problem is not resolved to your satisfaction during your holiday, you should send us written details of your concerns by email or letter within seven days of your return. Please note that posting complaints on social media is not an appropriate form of communication for resolving problems and we will therefore only deal with emails or letters sent by you in accordance with this paragraph.
8.3 We cannot accept complaints unless this procedure is followed. Complaints received after your holiday will not be accepted if we have not had prior notification of them and been given the opportunity to put matters right.
9. Alterations to a booking
9.1 The dates of a booking may be changed providing the property is available for the new dates and we accept the new booking. Any difference in price must be met by you or will be refunded to you on confirmation of the new booking. Otherwise the original booking will be treated as a cancellation and the terms at paragraph 10 will apply.
10.Cancellation of a booking
10.1 Cancellation by you of your booking must be given in writing. The effective date of cancellation is the date we receive written your notification and the cancellation charges detailed in the table below will apply.
|Number of days before holiday start date that notification is received||Cancellation charge (as a percentage of the total cost of the booking)|
|More than 56 days||Deposit|
|56 days or less||100%|
10.2 We recommend that cancellation insurance is taken out when making a booking.
11.Alterations by us
11.1 In the interest of continual improvement we reserve the right to make minor
modifications to furniture, amenities and facilities without any prior notice.
11.2 We reserve the right to amend prices due to errors or omissions. You will be notified immediately and have the right to cancel the booking if the amended price is significantly higher than the original price quoted and we will refund to you all payments you have made in respect of the booking.
12.Non-availability of the property
In the unlikely event that the property is not available on the date booked (owing for instance to essential major repairs, flood or fire damage or unforeseen sale of the property), if requested and if available we will try to arrange alternative accommodation of a similar type, price and standard. Alternatively, a refund of all monies paid by you to us will be made, or a proportion of the cost of the booking in the case of curtailment.
Where the unavailability of the property is the responsibility of the Owner a claim for any expenses which have already been incurred by you (e.g. travel costs) may be refundable on application to the Owner.
13.1 Well-behaved dogs are welcome subject to the conditions set out in paragraph. There are no specific modifications to the property or facilities at the property to accommodate dogs. A maximum of two dogs are permitted at the property. Charges and any additional restrictions that may apply are detailed on our website. Assistance Dogs are welcome.
13.2 In the event of you breaching the obligations of this paragraph 13.2, you may be charged a penalty fee or asked to vacate the property and the booking will terminate immediately without any refund or compensation but you will continue to be responsible for any costs stipulated in these Booking Terms and Conditions and we have the right to deduct such costs from the security deposit.
- you must not exceed the number of dogs allowed in the property.
- dogs must be included on the booking form at time of booking.
- dogs must not be left alone in the property at any time. Please contact us for details of local dog day care;
- dogs are not allowed in the bedrooms, upstairs or on any furniture within the property;
- in the interests of hygiene and out of consideration for others, you must remove all traces inside and outside the property of dog occupation before final departure including dog hair and dispose of any mess in a sanitary and responsible manner;
- dogs must be free from fleas or parasites. Fleas or parasites found in the property after occupation with your dog will result in you being charged a fee for fumigation of the property which will be deducted from your security deposit;
- you are responsible for any damage both inside or outside the property caused by your dog and any associated costs will be deducted from your security
deposit. If extra cleaning is required after your occupancy with your dog, this will be deducted from your security deposit; and
• you must check the Property Information Book and adhere to any additional requests made by owners such as keeping dogs on leads when walking through livestock. We request that you exercise due diligence at all times, especially where the property is located near a road or livestock. Dog beds and bowls are not provided.
13.3 The Owner cannot be held responsible for the safety of your dog whilst staying at the property.
14.1 Pets other than dogs are regrettably not welcome to Mistletoe Cottage.
15.Accuracy of marketing materials
15.1 The contents of our website and any online or offline marketing materials have been prepared in good faith. We will inform you of any significant changes at the time of booking or as soon as possible afterwards if you have already booked, but we shall not be liable for any minor or insignificant inaccuracy in descriptions and information.
15.2 We cannot accept responsibility for any changes or closures to local amenities or attractions mentioned on our web site and in other marketing material.
16.Summary of your Legal Rights
16.1 We will carry out our obligations to you as set out in these Booking Terms and Condition with the reasonable skill and care to be expected of professional letting agents.
16.2 For detailed information on your rights as a consumer you can visit the Citizens Advice website www.adviceguide.org.uk
17.1 We make it our highest priority to ensure that the personal information you provide to us is secure and remains confidential at all times. Subject to paragraph 17.2 we will not sell or otherwise disclose your personal information to third parties. We will only disclose any personal information where the law either requires or allows us to do so.
17.2 Your identity and contact details will be made available to the Owner and housekeeper.
17.3 By booking with us, your details will be added to our database to keep you updated on news and information that we think may be of interest to you. You can unsubscribe at any time.
17.4 In our quest to improve the guest experience, you will be sent a feedback email after your booking. Any feedback you provide will be greatly received. Your feedback may be used on our website, on social media and other marketing materials in the form of a review or testimonial, unless you request otherwise. We will refer to you only by surname, unless you have given us permission to provide further details of your identity.
These Booking Terms and Condition and the booking contract to which they apply are
governed in all respects:
18.1 where the property is situated in England by English Law and will be subject to the jurisdiction of the English Courts; and
18.2 where the property is situated in Scotland by Scots Law and will be subject to the jurisdiction of the Scottish Courts.
19.Entire Agreement and Severance
19.1 The booking contract incorporating these Booking Terms and Conditions constitutes the entire agreement between us and supersede any previous agreements or conditions.
19.2 If a court finds part of these Booking Terms and Conditions to be illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.How to contact us
If you have any questions or complaints, please contact us by telephone on 01933 314006, via email at [email protected] or via our online contact form.
Tel. +44 (0) 1933 314006