TERMS AND CONDITIONS OF HIRE
These Terms and Conditions of Hire are a contract between Nutley Farm, Winfrith Newburgh, Nr Dorchester, Dorset, DT2 8DT and you the person making the booking and all adult members of your party who will be staying in any of our accommodation (“you”, “your”, “client”, “guest”). By making a booking or staying in any of our accommodation you agree to abide by these terms and conditions.
1.1 Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between Nutley Farm and either the client or any guest. This is a short term letting and you will not be entitled to any rights under any statutory provision including, without prejudice to the generality of the foregoing, the Rent Act 1977, any assured tenancy or assured shorthold tenancy under the Housing Act 1988, or any tenancy arising under or in terms of, or regulated by, the Housing (England) Act 1988, Housing (England) Act 2006, Housing (England) Act 2014, and/or Private Housing (Tenancies) (England) Act 2016, including in each case any amendment or re-enactment of any such statute for the time being in force.
1.2 Our rates are subject to change without notice on unbooked dates unless otherwise agreed by us in writing. Any changes to your reservation requested by you will be subject to the change in rates if applicable.
2.Agreement for Occupation
2.1 These terms and Conditions of Hire, such occupation being by you personally and only such guests named in the booking, and to use the Inclusive Services. The actions and omissions of any visitor to the accommodation are your responsibility. See also your obligations under condition 10 below.
2.2 You must be 18 years or over when you book your accommodation.
2.3 We reserve the right to refuse to accept any booking for whatever reason. We accept your booking when we issue our Booking Confirmation email.
2.4 You may arrive at your accommodation after 3 pm (except if it is agreed via messages before you arrive) on the start day of your booking and, unless otherwise agreed, you must leave by 10 am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of late arrival, we may treat the booking as being cancelled by you.
2.5 If you want to increase your length of stay, we will do everything possible, subject to the availability of accommodation, to find something suitable for you. It must be borne in mind that this may not always be possible.
2.6 If the number of people permitted to occupy our accommodation is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional accommodation or require the excess occupants to vacate the property.
3. Paying for your Accommodation
3.1 The following terms apply to payment: –
We permit you to occupy the property for the agreed hire period only and subject to
3.1.1 To secure your booking deposit payment must be received by us in cleared funds immediately at the dates listed in your booking confirmation. We draw your attention to clause 5.2 below concerning pre-authorizations that apply to your booking.
3.1.2 Should payment of the deposit amount not reach us on agreed invoice dates before your arrival date we reserve the right to cancel any bookings made and any deposit paid will be forfeited.
3.1.3 We expect the accommodation to be left in a reasonable state on departure (see 11 Client obligations), If at our discretion and with communication to yourself, additional cleaning is required on departure, the cost of this cleaning will be charged as an Additional Charge.
3.1.4 UK legislation provides that smoking is not permitted in any of our accommodation. Smokers must vacate the building should they wish to smoke.
3.1.5 Where there is evidence of guests smoking within the accommodation, we reserve the right to charge £200 for specialist cleaning, as an Additional Charge.
3.1.6 Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
3.1.7 No daily housekeeping service is provided – While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available for an Additional Charge. We do not permit towels or linens to be taken from the property.
3.1.8 Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
4.Loss and Damage; Security Deposit
4.1 Please ensure that you inspect the property on check-in. Unless we receive notification otherwise within three hours of check-in we will be entitled to assume that you have fully accepted that the condition of the property is in good repair, condition and in a clean and tidy state and you will waive any right to claim otherwise.
4.2 Risk of damage to the property and its contents will pass to you on check-in and remain with you until the property is returned to us. You shall be liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.
4.3 A security deposit to cover your obligations under this Agreement may be taken at or prior to check-in. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking. Any security deposit paid will be returned to you in full (or any payment authorisation cancelled) upon the property being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 4.2, we may withhold some or all of your deposit to cover the same and our administration fees associated with repairing or dealing with the loss or damage. These will be Additional Charges.
5.1 Additional Charges which may be payable include those items specified in the Booking and any specified in these terms and conditions.
5.2 Where Additional Charges (including charges for damage) are payable, you hereby authorise us to take them from the credit or debit card used to make the booking, up to the pre-authorised amount which is detailed on the Booking up to £100. Our hold on your credit card will normally last for seven days from the date of your departure. Where Additional Charges exceed the pre-authorised amount you will be invoiced for the excess. If no credit or debit card was used in the Booking, you must pay Additional Charges by another means acceptable to us. All Additional Charges are due on the check-out date unless the context otherwise requires them.
5.3 If you fail to pay any Additional Charge within 14 days of the date of our invoice requiring payment of the same, you will incur an administration fee of £50 to cover the costs of sending you our debt collection letter, which will follow.
6.Changes to your Booking by us
6.1 In the unlikely event we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and inform you of the cancellation or change. If possible, we will offer alternatives, but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 7 days of any cancellation.
6.2 We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our reasonable control (force majeure), including (by way of example only and without limiting the generality of the foregoing) terrorist activity, industrial disputes, natural or manmade disasters, fire, and adverse weather conditions.
7.Cancellation / Alteration of your Booking by you
7.1 We will use our reasonable endeavours to accommodate your requests for alterations of your Booking, subject to availability of accommodation.
7.2 Cancellation terms will be displayed on the terms of your particular booking via the online travel agent you booked with. Please check your booking information as will be made clear in your initial confirmation email. If cancelled after booking, or in the case of a no-show, the cancelation fee will be retained as per the terms of booking.
7.3 No refunds will be made for non-arrivals unless the channel you booked with states otherwise.
8. Our liability for Death, Personal Injury, Loss of Property, Lack of Services, etc.
8.1 We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
8.2 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
8.3 Cars and their contents are parked at their owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
8.4 Property left in the accommodation will be kept for 1 week after departure or forwarded at the guest’s expense. However Food/ drink and perishables will be disposed of on the day of check out.
8.6 We shall have no liability for any loss which was not foreseeable at the time we entered this Agreement or losses not caused by our breach of this Agreement, and, if you are entering this Agreement in the course of a business, we shall have no liability for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss (whether arising through breach of contract, tort including (without limitation) negligence, or breach of statutory duty. In any case our total liability to you is limited to the total cost of your reservation.
8.7 All descriptions and photographs of the accommodation are for illustration only and we do not warrant that they are accurate or complete, although we do use all reasonable endeavours to ensure that they are.
8.8 We do not exclude liability for fraud, and your legal rights are not affected by any term in this Agreement.
9.1 Unless otherwise agreed, we will issue one set of keys to the property. We can offer an additional set upon request at no extra charge. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the client or guest.
9.2 If the guest locks him or herself out of the property and requires the owners’ assistance to re-enter the property, we reserve the right to charge an administration fee, as an Additional Charge.
9.3 We will retain keys to the property and will access the property to provide the services set out in this agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage has been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
9.4 On check-out, keys must be left in the door. Loss of keys will incur an Additional Charge.
9.5 You shall ensure that the property is locked whenever you are not in it. You shall always guard the keys against loss or theft.
10.Wireless Broadband Internet and Hardwire
Wireless Broadband Internet is available if you are staying in The Gatehouse, Cherry Barn or Willow Barn, however, we will not be liable for loss of this service due to connection, environmental or human error and no support service is available.
For this reason, wireless broadband internet is not a contractual provision. We do not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses. All usage of the broadband must be within normal usage amounts and not exceed 15gb per day.
11. Client’s Obligations
11.1 The client will guarantee the following, all being conditions of the contract between us, breach of which would entitle us to cancel the remainder of the booking:
11.1.2 When guests with small children occupy the property, the guest undertakes to provide all suitable childproofing safety equipment.
11.1.3 Guests will not do or permit any act reasonably likely to make any insurance policy on the property void or voidable or increase the premium.
11.1.4 Guests will not do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Please keep all noise to a minimum between 10pm and 7am.
11.1.5 At the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition. The client will pay (as an Additional Charge) for the repair or replacement of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save for reasonable wear and tear.
11.1.6 Guests will use the Property for private residential purposes only and not for any business use.
11.1.7 Guests will not make any alterations to the property, or attempt to make any repairs.
11.1.8 Guests will allow us or our authorised representatives permission at all reasonable times to enter the accommodation to inspect its condition or carry out maintenance.
11.1.10 Guests will not block or put noxious or damaging substances into the sinks, baths, and lavatory cisterns or waste or soil pipes in the property or allow them to overflow, and will immediately report any such blockage etc. to us.
11.1.11 Guests will take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathrooms must be switched on at all times to prevent damage to the apartment.
11.1.12 Guests will not change any lock to the property or have any duplicate keys made.
11.1.13 Guests will notify us as soon as is practicably possible of (a) any plumbing, electrical or general problem or (b) any damage to the property or its contents and shall desist from attempting to remedy such problem on their own.
11.1.14 Guests will notify us of any damage to the property or its contents as soon as is practically possible.
11.1.15 Guests will maintain properly insured, to their full replacement value, all their personal property which is kept either at the property or on the guest’s person.
11.1.16 Guests will use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
11.1.17 The number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.
11.1.18 Guests will use any cleaning products, liquids, tablets etc. strictly in accordance with their usage instructions and ensure that such products are kept out of reach of children. We accept no liability for misuse of products supplied.
11.1.19 Guests will not install any portable cooking appliances, camping stoves or similar items in the apartment.
11.1.20 Guests will not behave in an abusive or threatening manner toward our staff.
11.1.21 Guests will ensure recycling is separated and placed into bins provided, and upon check out ensure washing up is undertaken and all kitchenware put away.
11.1.22 Guests are not permitted to smoke anywhere with-in the property (outside in the designated areas only). Failure to comply will result in the full damage deposit being retained.
11.1.23 Guests must not enter any field with livestock and must not feed any animals with out permission of the owner.
11.1.24 Dogs must be always kept on the lead whilst in the vicinity of the farm. Dogs can be excised on the heath without a lead by the following the appropriate path. Dogs should not be allowed on the furniture or left unattended in the accommodation. In the event of your dog fouling the gardens, we do require you to clean up and dispose of this in the correct manner. You must tell us at the time of booking if you wish to bring a dog to one of our dog friendly properties. We ask that you remove any dog mess from the garden before checking out. Unfortunately, no other domestic pets are permitted at our properties.
11.1.25 Children must be always supervised if they are outside of the boundary of your accommodation.
11.1.26 If your Accommodation has a wood burner, you must comply with the instructions found in the welcome folder, particularly regarding the appropriate fuel to use for your safety.
13.Termination of this Agreement
13.1 This agreement may be ended by us with immediate effect if: –
13.1.1 the accommodation fee is not paid on the payment day, or if you are in breach of any of the terms or conditions set out in this document; or
13.1.2 the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
13.2 We may also terminate this agreement at any time and for any reason on giving the client reasonable written notice.
13.3 The client will, at the end of the accommodation period, return to us all keys to the property and give us vacant possession of the property.
14. Data Protection and General Data Protection Regulation
We are required to gather certain personal data about clients and guests for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. We fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation, and storage of personal data. The principles require (amongst other things) that the personal data shall be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose.
Owner and Data Controller
Nutley Farm, Winfrith Newburgh, Dorset DT2 8DT
Owner contact email: email@example.com
15.1 All complaints should be notified as soon as possible to us (contact details below) and we will do our best to resolve them in a timely manner.
15.2 If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our address below, and we will use all reasonable efforts to resolve the matter as quickly as possible.
15.3 You can also complain to the booking agent you used for your reservation.
If the Property is in England or Wales or any other country, the agreement between us and all matters arising therefrom are subject to the law of England and Wales and, in the event of a dispute, you will be subject to the exclusive jurisdiction of the courts of England and Wales. If the Property is in Scotland, the agreement between us and all matters arising therefrom are subject to the law of Scotland and, in the event of a dispute, you will be subject to the exclusive jurisdiction of the courts of Scotland.
If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out. The rest of the agreement shall remain enforceable.
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires: “Additional Charge” means a charge or fee that is additional to the rental and includes those specified as an ‘additional charge’ in these terms and conditions or in the Booking, and also any other reasonable charge or fee incurred by you under these terms and conditions.
Managing Julian Hubbuck – Property Manager
Address: Nutley Farm, Winfrith Newburgh, Nr Dorchester, Dorset, DT2 8TL