Terms of Service.
Please take the time to read these Booking Terms and Conditions. We appreciate that it is tempting to skip the content but these things are important.
FYI Heatherdown Lodge is legally named ‘Heatherdown Cottage’ (EX340PF).
We have written the Booking Terms and Conditions to describe clearly booking policies and procedures and to clarify the contractual relationship between you and the Owner of the property.
If you require any help or advice please contact us.
1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
1.1.1 Accommodation: the period of time for which We provide accommodation at the Property (Heatherdown Lodge also known as Heatherdown Cottage EX340PF) to You as set out in the Booking and agreed by Us;
1.1.2 Booking: your request for the Accommodation made via our website booking form or over the phone or by direct email;
1.1.3 Check-in Date: the date (and time) on which the Accommodation will begin and the Property will be made available to you;
1.1.4 Events Outside Our Control: is defined in clause 10;
1.1.5 Owner: the owner of the Property (or their representative) whose details may be provided to you upon written request for the same;
1.1.6 Property: the property named Heatherdown Lodge =Heatherdown Cottage, EX340PF, as defined within the Booking;
1.1.7 Property Specific Terms: specific restrictions applicable to a Property as provided to You by Us or the Owner;
1.1.8 Terms: the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to you by Us or the Owner; and
1.1.9 We/Our/Us: Mrs EJ Schuster Bruce, 24 Spencer Road, Canford Cliffs, Poole BH137EU; heatherdownlodge@gmail.com
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT TO YOU
2.1 These are the terms and conditions on which We provide the Booking and supply the Accommodation to you.
2.4 Please ensure that you read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.5 When you submit the Booking to Us, this does not mean We have accepted your order for Accommodation. Our acceptance of the Booking will take place as described in clause 2.6. If We are unable to supply you with the Accommodation, We will inform you of this in writing and We will not process the Booking.
2.6 These Terms will become binding on you and Us when We issue you with a written acceptance of a Booking, at which point a contract will come into existence between you and Us.
2.7 If any of these Terms conflict with any term of the Booking, the Booking will take priority.
2.8 We shall assign a reference number to the Booking and inform you of it when We confirm the Booking. Please quote the reference number in all subsequent correspondence with Us relating to the Booking.
2.9 If you make a Booking over the phone then these Terms will apply to such Booking.
2.10 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You promise that you will not exceed that number.
2.11 You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless you notify us otherwise and we agree the same in advance). Your Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the cautionary deposit or otherwise) in the event that you have not left the Property by the agreed departure time.
2.12 Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change.
2.13 The activities not supplied by us but shown in our literature are outside our control. If you wish to carry out any activity at or near the Property, we strongly recommend that you book directly the activity with the relevant provider.
2.14 You confirm that you are over the age of 18, and that the majority of the party of people are not under 18 years old except in the case of families. You confirm the accommodation will be Not used for Hen or Stag parties or the like or for commercial use. Camping in the garden is not permitted.
Children must be supervised at all times.
The person taking the booking will be responsible for the whole group and should be aware of and ensure all the terms and conditions are met.
3.1 Once your Booking has been confirmed, we agree to provide your Accommodation in accordance with clause 5.
3.2 You can cancel this contract in accordance with clause 12.
4. CHANGES TO BOOKING TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
4.1.1 changes in how We accept payment from you;
4.1.2 changes in relevant laws and regulatory requirements; or
4.1.3 if We have a valid commercial reason to do so.
4.1.4 Liability; The Owners shall not be responsible for any cancellations, amendments or loss as a result of war, civil strike, industrial dispute, terrorist activity, restrictions such as Foot and Mouth or the like, pandemics fire or weather. Should the property, for reasons beyond the control of the owners (eg fire) not be available on the date booked or the property and not be available for letting, all rent and any deposits paid will be refunded in full. The Hirer or Applicants will have no further claim against the Owners.
4.2 If We have to revise these Terms under clause 4.1, we will give you at least 7 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12.
4.3 You may request a change to the Booking for Accommodation by contacting Us. Any changes to the Booking:
4.3.1 are permitted at the sole discretion of the Owner;
4.3.2 may incur an administrative charge of £30;
4.3.3 that results in a change in the total price of the Accommodation, We will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.
4.4 If you wish to cancel a Booking before the Check-in Date for Accommodation, please see your right to do so in clause 12.
5. DEFINITIONS
5.1 The Owner will supply the Accommodation to you for the period set out in the Booking.
5.2 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You may not exceed that number.
5.3 Where you select the alternative group option, the number of bedrooms appropriate to your group size will be made available. If subsequently you use the extra bedroom(s), you agree that the cost of the Accommodation will be increased to reflect the increased use. The additional cost will immediately become due and this additional cost will be deducted from the cautionary deposit. If the additional cost is greater than the cautionary deposit, you authorise us to debit any card details held for you with the appropriate charge (which will be notified to you in advance).
5.4 Access to the Property is subject to your adherence to the Property Specific Terms, where provided.
5.5 If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.
5.6 We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside Our Control. See clause 11 for Our responsibilities when an Event Outside Our Control happens.
5.7 If you do not pay Us for the Accommodation when you are supposed to, access to Accommodation will not be permitted. This does not affect Our right to charge you interest at the rate of 8% per year.
5.8 Pets are only permitted in the Property if specified and agreed within the Booking.
5.9 Additional charges may be due in respect of pets – these will be notified to you in advance of the Booking.
5.10 Smoking is strictly prohibited at the Property. This includes both the house and garden.
5.11 Broadband Internet access is offered. This is on the basis that we do not promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and We will not be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.
5.12 You shall take proper care of the Property and its contents during the Accommodation and may lose your cautionary deposit (as defined in clause 6) and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the beginning of the Accommodation.
6. CAUTIONARY DEPOSIT
6.1 A deposit will be required to be paid by you in case of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenities provided at the Property).
6.2 We will inform you of the amount of the cautionary deposit to be paid. The cautionary deposit will need to be paid one week before the Check-In Date, unless your Check-in Date is between the last Saturday in December and the first Saturday in January, at which point payment of the Cautionary Deposit will be due no later than the 18th December. We will endeavour to remind you of the same but it is your responsibility to ensure any requested deposit is paid to us before the Check-In Date.
6.3 If the cautionary deposit payment is not received before the Check-In Date we reserve the right to cancel the Accommodation and terminate this contract.
6.4 We reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover (or the Owner’s) reasonable costs if the deposit paid under this clause 6 is insufficient to repair or replace any damage caused to the Property and/or its contents during your Accommodation.
6.5 The Owner will assess the Property after your Accommodation and will:
6.5.1 provide you with a refund of the deposit made under this clause 6; or
6.5.2 inform you of the amount to be retained; or
6.5.3 inform you of the amount to be further charged
or a combination of any of the above at Our discretion.
6.6 Repayment of the Cautionary deposit in full will be repaid subject to there being no damages as in 6.1 within 7 days of the end of the booking; if there are damages amounting to less than cautionary deposit, the balance will be paid within 7 days of the end of the booking.
6.7 We do have a cleaner and there is cleaning charge but we ask you to leave the cottage in the clean and tidy condition you found it. Please do your own washing up, strip your beds , flush the loos and empty your rubbish into the outside bins. We reserve the right to charge from the cautionary deposit if the house is left in an unreasonable poor state.
7. PRICE AND PAYMENT
7.1 The price of the Accommodation will be set out at the time you place your Booking and when We confirm your Booking.
7.2 Payment will be made by bank transfer.
7.3 Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement.
7.4 Cheques may not be used for payment of any sums due under this agreement without our prior written approval.
7.5 Any bank or transfer charges shall be borne by you.
7.6 Payment may only be made in the UK Sterling currency as shown in the Booking.
7.8 You must pay a minimum deposit of 30% of the total cost of the Accommodation at the time you place your Booking and the balance of the price at least eight weeks before the Check-In Date, unless the Check-In Date is less than eight weeks from the date of the Booking, in which case the full balance of the price must be paid at the time you place your Booking.
7.9 If you fail to pay the balance of the cost of your Accommodation upon request and before the Check-In Date We will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to a discretionary administrative charge of no more than £30 (including VAT) and you hereby authorise us to do so.
7.10 If you do not make any payment due to Us by the due date for payment, We may cancel your Accommodation and terminate this contract. In these circumstances, your rights to a refund are set out in clause 11.
8. LEGAL RIGHTS
8.1 As a consumer, you have legal rights in relation to Accommodation not offered to you with reasonable skill and care, or if the Service is not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.2 The full extent of Our and the Owner’s liability is as set out in the Agreement at sections 9 and 10 respectively.
9. OUR LIABILITY TO YOU
9.1 We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
9.2. We are responsible for reasonable loss or damage you suffer that is a foreseeable result of our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time this contract was entered into. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
9.3 We supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, you must contact us for approval prior to the contract starting.
9.4 We do not limit liability to you for;
9.4.1 breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession); and
9.4.2 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples).
9.5 We do not have any responsibility or liability to you for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
10. EVENTS OUTSIDE OUR CONTROL
10.1 No party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control.
The Owners shall not be responsible for any cancellations, amendments or
loss as a result of war, civil strike, industrial dispute, terrorist activity, restrictions
such as Foot and Mouth, pandemics, fire or weather. Should the property, for reasons beyond the control of the owners (eg fire) not be available on the date booked or the property not be available for letting, all rent and any deposits paid will be refunded in full. The Applicants will have no further claim against the Owners.
10.2 Should any event or circumstance beyond the Owners reasonable control occur which means the Property cannot be provided to you, the Owner must inform you as soon as possible so a refund can be arranged for you.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 You may cancel a Booking for Accommodation up to eight weeks before the Check-In Date by contacting Us in writing with a copy of your invoice/booking confirmation. We will confirm your cancellation in writing to you.
11.2 If you cancel a Booking under clause 11.1, the deposit made at the time of placing the Booking will not be refunded to you. Any additional deposit paid will be refunded to you.
11.3 However, if you cancel a Booking for Accommodation under clause 11.1 and We have already started work on your Booking by that time, you will pay Us any costs We have reasonably incurred in starting to fulfil the Booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.
11.4 Where you have cancelled a Booking because of Our failure to comply with these Terms or if We change these Terms under clause 4.1 and you elect to cancel the contract (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
11.5 If you cancel a Booking for Accommodation less than eight weeks prior to the Check-In Date and we are unable to offer the Accommodation to another party we reserve the right to invoice you for an amount up to 100% of the cost for Accommodation as outlined in the Booking.
11.6 We will charge a £30 administrative charge if you cancel the Booking at any time prior to the Check-In Date.
11.7 Once you have accessed the Property or the Check-In Date has passed (whichever is earlier), you may only cancel the contract for Accommodation by giving Us written notice if We:
11.7.1 break this contract in any material way;
11.7.2 go into liquidation or a receiver or an administrator is appointed;
11.7.3 change these Terms under clause 4.1 and you elect to cancel the contract;
or
11.7.4 are affected by an Event Outside Our Control.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptly contact you if this happens.
12.2 If We have to cancel a Booking under clause 12.1 and you have made any payment in advance for Accommodation that have not been provided to you, We will refund these amounts to you.
12.3 We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if You:
12.3.1 do not pay Us when you are supposed to. This does not affect Our right to charge you interest at the rate of 8% per year; or
12.3.2 break the contract in any other material way.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by email heatherdownlodge@gmail.com
13.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can email us at heatherdownlodge@gmail.com
We will confirm receipt of this by contacting you via email..
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to Us to:
14.1.1 provide the Accommodation;
14.1.2 process your payment for Accommodation; and
14.1.3 inform you about similar products or services that We provide. You may stop receiving these at any time by contacting Us.
14.2 All data you provide to us will be treated in accordance with our Privacy Policy.
15. OTHER IMPORTANT TERMS
15.1 We will provide you with information concerning the property for your reference. This may contain information required to enjoy your stay together with recommendations for things to do and places to visit. In the interests of security, you agree to keep such sensitive information confidential and will not print or discuss the contents of the digital property guide with any person not included in the booking party.
15.2 We may transfer Our rights and obligations under these Terms to another individual, but this will not affect your rights or Our obligations under these Terms.
15.3 You acknowledge that the Owner may enforce any and all of the Terms of this agreement against you.
15.4 Except for You, Us and the Owner, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Booking may enjoy the Accommodation.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
15.7 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Additional Pet Specific Terms & Conditions
1. Whilst pet-friendly, please note that there are no specific property modifications that have taken place to accommodate pets.
2. Well-behaved Dogs are only permitted at our discretion. If you wish to holiday with a pet other than a dog, it would be necessary for consent from the Owner prior to confirming your booking.
3. An additional accommodation charge is applicable for bookings that include dogs (40 pounds). This additional charge will be clearly detailed against your booking and the fee is payable prior to your arrival at the property.
4. Please do not leave your pets alone or unsupervised in the property at any time during your stay.
5. Pets are not permitted upstairs or in any of the bedrooms or on the furniture at any time.
6. For the safety and comfort of your dog we request that owners exercise due diligence at all times, especially as the property is located near a road/livestock. We cannot accept responsibility for the safety of your pet.
7. We request that you bring your own pet provisions, including bedding.
8. Pets should be cleaned and fully dried off before entering the property after being outside.
9. In the interests of hygiene, health and safety and out of consideration for others it is important that you clean up after your pet and dispose of any mess in a sanitary and responsible manner.
10. You are responsible for any damage caused by your pet, whether inside or outside the property. If extra cleaning is required as a result of a Client having pets in the property, this will be deducted from your Cautionary Deposit.
Thank you for taking the time to read through the Terms and Conditions.