GILLING OLD MILL – HOLIDAY LETTING – TERMS AND CONDITIONS
Important information about your accommodation booking
We hope that you enjoy your stay with us. Before booking, kindly read the following Terms and Conditions so you are aware of the booking terms you are entering into. You are required to confirm your agreement to these terms by signing and returning the Booking Form prior to our accepting your reservation and your payment of a deposit. Should you have any questions regarding these Terms please get in touch.
Your attention is drawn particularly to clauses 5, 6 and 18.
1.1 The agreement for the letting of the Property is entered into between Neville Bird and Amanda Bird t/a Gilling Old Mill Holiday Cottages of of Gilling Old Mill Barn, Waters Lane, Gilling West, Richmond, North Yorkshire, DL10 5JD (“GOM”) and the Guest.
1.2 The agreement comprises these terms and conditions and the Holiday Cottage Booking Form (“Booking Form”) completed by the Guest only. All definitions contained on the Booking Form are incorporated into this agreement.
1.3 This agreement grants the Guest the entitlement to occupy the Property with the other occupants identified on the Booking Form for the purposes of a holiday only and is an excluded tenancy for the purposes of the Housing Act 1988 and the Protection from Eviction Act 1977. The Guest and other occupants have no right to remain in the Property beyond the Departure Time.
1.4 The agreement shall not be effective until the Guest has confirmed to GOM acceptance of these terms in writing and GOM has confirmed to the Guest receipt of the required payment in accordance with clause 3.
2.1 Bookings can only be accepted from persons over 18 years of age.
2.2 By submitting the completed Booking Form and paying the Deposit or Rent the Guest agrees to these terms and conditions and the adherence to them of the Guest’s entire party during their stay in the Property.
3.1 A reservation can be accepted by on-line booking, by telephone or e-mail. Securing of the reservation is achieved by returning a signed Booking Form and payment of the Deposit or Rent in accordance with this clause.
3.1 The Deposit is payable immediately upon making the booking. If the booking is made less than 6 months before the Arrival Date payment of the Rent is required in full when the booking is made.
3.3 Where a Deposit has been paid payment of the balance of the Rent by the Guest is required 6 months before the Arrival Date. NOTE : No reminders of the due date for payment of the balance of the Rent will be sent by GOM.
3.4 The booking will not be confirmed until the payments required by clause 3.2 are received by GOM.
3.5 Non-payment by the Guest of the balance of the Rent in accordance with clause 3.3 shall be deemed to be a cancellation of the contract by the Guest and GOM will be entitled to retain the Deposit.
3.6 All payments by the Guest to GOM shall be made by electronic transfer of cleared funds to the bank account nominated by GOM to receive the payment. Exceptionally payments may be made by credit or debit card or in cash by contacting GOM. A confirmation of the reservation of the Property will be sent by email by GOM to the Guest when the Deposit or Rent as the case may be within 7 days of receipt of the payment.
4. Cautionary Damage Security Deposit
4.1 The Guest shall provide details of a debit or credit card which GOM will hold securely during the Guest’s stay at the Property by way of security in relation to any losses caused to GOM by way of damage to the Property, loss or damage to the contents of the Property or any additional costs reasonably incurred by GOM during your stay as a result of breach of this agreement (“Damage”).
4.2 Damage is assessed by GOM at its absolute discretion acting reasonably but shall not include normal wear and tear to the Property or its contents.
4.3 The Guest is requested to contact GOM by telephone during the week before you arrive so this process can be completed prior to you checking in. No money will be debited or credited from the card at this time. The card details used can belong to any of the party staying at the Property.
4.4 GOM shall notify the Guest not less than 5 days in advance of making a charge for Damage and provide details of the Damage assessed under clause 4.2.
5. Cancellation/Refund policy (see also point 6 cancellation insurance)
5.1 Any cancellation made by the Guest for whatever reason shall be in writing and addressed to GOM at the address on the booking form.
5.2 On receipt of notice of cancellation, GOM will attempt to re-let the Property for the period of the booking.
5.3 If GOM successfully re-lets the Property for the whole of the period of booking all the monies paid by the Guest by way of Deposit and/or Rent, less an administrative charge of £50 including VAT per booking, will be refunded.
5.4 If re-letting the Property for only successful for part of the Rental Period an amount equal to the money paid by the Guest less the rental for the period which is not re-let and the administrative charge of £50 will be refunded.
5.4 If it has not been possible to re-let the Property at all then all monies paid by the Guest shall be forfeited to GOM. It is strongly recommended that Cancellation Insurance is purchased at the time of booking.
10.1 The number of persons occupying the Property must not exceed the Maximum Capacity of the Property. GOM may at its discretion and by agreement with the Guest at least 4 weeks prior to the Arrival Time permit additional occupants being babies in travel cots and/or children under the age of 8 on “Z-beds” provided by GOM up to a maximum of 2 additional occupants.
10.2 The Property shall not be used in any way whatsoever other than as a private holiday residence.
10.3 The interior of the Property shall be kept in a good and clean condition during the Period of Rental.
10.4 The Guest shall not damage or injure the Property or its contents or any part thereof.
10.5 The Guest agrees that he and the other occupants of the Property shall not do or omit to do anything on or at the Property which may be or may become a nuisance or annoyance to any other owners or occupiers of adjoining or nearby properties during their stay or during their arrival at or departure from the Property.
10.6 The Guest shall vacate the Property at the end of the Rental Period and by the Departure Time; a failure to do so may result in GOM making a further charge.
15.1 A maximum of two dogs are permitted in certain properties and other properties are kept pet free. Certain breeds of dogs are restricted from some of our properties.
15.2 It is the responsibility of the Guest at the time of booking to ensure that he notifies GOM of the intention to keep dogs at the Property to allow GOM to ensure that the Property is one designated for pets. If the Guest fails to notify GOM of the intention to keep dogs at the Property dogs will not be permitted to remain if the Property is designated as pet free or if the dog is of a restricted breed and GOM will require the Guest to remove them.
15.3 Dogs are always to be properly controlled and supervised and must not be left unattended at the Property.
15.4 Dogs are not permitted in any of the bedrooms or on any of the furniture.
15. 5 Guests with allergies should be aware that we cannot guarantee that there have been no dogs or other animals previously kept at the Property nor can we accept any liability for any suffering which may occur as a result of such pets having been present.
16. Rights of entry
GOM shall be allowed the right of entry to the Property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance. Under normal circumstances we will always ask the guests permission to enter.
17. Communicating with the Guest
For the purposes of the Data Protection Act 1998 GOM is the sole data controller of all personal data provided to GOM by Guests and prospective Guests. In order to process a booking GOM needs to collect certain personal data details from the Guest. GOM at times needs to pass these details on to other parties so that the holiday rental can be provided, for example to the credit/debit card company, bank etc. GOM also needs to process and store Guest’s personal details for its own administration, market analyses and operational reviews. GOM would also like to store and use personal details for future marketing purposes. All details given to GOM will be kept but only names, contact details and the booking preferences will be used for marketing purposes unless the Guest chooses to opt out of this. GOM will respect the privacy of personal data and will comply with all relevant and current data protection legislation. Without written consent GOM will not make its mailing list or Guest’s personal data available for marketing purposes unless required to do so by a Court of Law. GOM can however supply promotional offers on behalf of third parties only where the Guest has opted in and the offering is deemed relevant to the Guest.
18.1 The following provisions set out the entire liability of GOM (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Guest in respect of: (1) any breach of these Booking Conditions; and (2) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
18.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. Nothing in the Contract excludes or limits the liability of GOM for death or personal injury caused by negligence or fraudulent misrepresentation.
18.3 Subject to this clause 18:
18.3.1 GOM total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of the Contract shall be limited to a sum equal to the Rent; and
18.3.2 GOM shall not be liable to the Guest for any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (however so caused) which arise out of or in connection with this agreement.
18.4 Save for any rights under these Conditions and the Contract which may be exercised by GOM, no term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.
18.5 Without prejudice to the foregoing, if the Property which the Guest has booked becomes unavailable or unusable for some reason prior to the date of booking, then GOM’s obligation will be to
18.5.1 use their best endeavours to find a suitable alternative property, or
18.5.2 In the event that a suitable alternative property is not found to reimburse the Guest for any monies paid.
18.6 Force Majeure – Notwithstanding any other provision of this Contract, GOM shall not be deemed to be in breach of this Contract or otherwise be liable to the Guest, for any delay in performance or the non-performance of any of their respective obligations under this Contract, to the extent that the delay or non-performance is due to any act or circumstance beyond their reasonable control, and the time for performance of that obligation shall be extended accordingly. Force Majeure, of the nature of which this clause is intended to cover, includes without limitation war, civil strife, terrorist action, industrial disputes, fire, flood, sickness, exceptional weather conditions, acts of any government or public authority, epidemics, pandemics, destruction and damage of the Property by any cause other than negligence of GOM, and all similar situations. No compensation, costs, expenses or other sums of any description (including without limitation the cost of securing an alternative property/accommodation) will be payable in such circumstances by GOM to the Guest.