Terms & CONDITIONS - Cottages

Introduction and references

Petal & Barley Developments Limited shall be referred to as “we”, “us” or “our” in these terms and conditions.

To make it easier to read these terms and conditions there are a number of further definitions which we use:

• “Deposit” means a deposit of 30 % of the total holiday accommodation cost (which includes any “extras” selected at the time of booking);
• “Holidaymaker” means you and each person going on holiday with you on your booking;
• “Property” means the holiday property you book through us; and
• “You” means the lead person making a booking through us.

When you make a booking through us you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully, particularly section 11 headed “Limitation of Liabilities and Legal”.

1. Contract and Booking

When booking with us the contract is between you and the Petal & Barley Developments limited.

Bookings cannot be accepted from persons under 18 years of age.

The Properties are meant to be used for the purposes of a holiday, and certain group bookings, including for stag and hen dos, may not be allowed unless special arrangements (including the possible requirement for a safety deposit) are made with the Owner.

No bookings are valid until confirmed by us through our bookings system.

2. Booking Fees, Deposits, Balance Payments and Holiday Insurance

If you make a booking more than 8 weeks before the holiday date you will be required to pay a Deposit when making the booking and the balance will be due no later than 8 weeks before the holiday is due to start.

If you make a booking within 8 weeks of the start of the holiday you will be required to pay for the holiday in full at the time of booking.

Please contact us if you are having difficulty paying for your holiday when your payment is due.

3. Owner unable to make the Property available

If we cannot make the Property available to you for your booking we will arrange a refund for all monies paid.

We will not be responsible to pay any compensation or expenses as a consequence of such an event.

4. Guest Cancellations

If you cancel prior to the holiday arrival date you may be due a partial refund from the Owner.

The refund will depend on the amount of notice you give us before the holiday start date.

If section 3 applies you will be entitled to a full refund of the accommodation costs from the Owner. In all other circumstances, the refund will be calculated as follows:

• 21 or less days’ notice – No refund due
• 22-35 days’ notice – 10% of the total accommodation cost
• 36-49 days’ notice – 20% of the total accommodation cost
• 50-63 days’ notice – 40% of the total accommodation cost
• More than 63 days’ notice – Full Refund.
• We will endeavour to re sell your break and refund accordingly if we are able to do so.

If a refund is due we will aim to return the applicable amount within 10 working days of cancellation.

5. Holidaymakers’ responsibilities

You will ensure that you and all Holidaymakers will:

• Act responsibly and carefully whilst at the Property, abiding by any property specific house rules and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;
• Report to us any damage or breakages made during the holiday occupancy and pay for damage (wear and tear accepted);
• Not smoke at the Property nor allow anyone else to smoke at the Property;
• Not allow more than the maximum number of people or pets to stay at the Property as stated on the Website;
• At all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or their guests (if allowed at the Property) or pets (if allowed at the Property) do anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;
• Not enter the Property before the stated arrival date and time and will leave the Property before the stated departure date and time; unless by prior arrangement
• Treat people with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards an Owner, any member of their team, any member of the community in which the Property is situated, or any of our employees, directors, consultants or other party acting on our behalf;
• Secure the Property (including all windows and doors) whenever leaving the Property.

We will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. In serious cases, Holidaymakers may have to leave the Property early without any compensation or refund.

6. Owner’s responsibilities

The Owner will ensure that:

• The Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
• Suitable arrangements are made for you to access the Property;
• They treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards any Holidaymaker at their Property;
• They can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay;
• They, and the Property, comply with all applicable laws and regulations (including health and safety regulations);
• Adequate liability insurance is in place in respect of the Holidaymakers’ stay; and
• All Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow the Owner or any representative, including us, access to the Property if reasonably required).

7. Pets

Dogs are allowed at Petal & Barley Developments. The following dog terms apply:

• Dogs must be under strict control at all times while in or at the Property;
• Any fouling must be cleared up without delay;
• The dog owner must bring the dog’s bed or basket for sleeping in;
• Dogs must not be left alone in or at the Property or elsewhere at any time; if dogs are crated then they can be left alone for short periods of time as not to cause distress or noise.
• Dog hair must be cleared up before departing;
• Dog owners agree to provide their own throws and covers for furniture.
• Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur subsequent charges;
• You will be liable for any damage caused by any Holidaymakers’ dogs. Any damage is to be reported to us immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner’s discretion.

Pets other than dogs may be allowed at the Owner’s discretion. This must be approved prior to making a booking.

If you break these terms we may notify you that you have broken these terms and may cancel the booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that they pay an additional reasonable charge..

8. Literature

We have compiled the information on our Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside our control, in which case we cannot accept responsibility.

9. Complaints

If you have any complaint concerning our properties please contact us as soon as possible so we can do our best to resolve your complaint. It is important to raise any complaint while you are still at the Property.

10. Communication with you and data

As part of a booking we may introduce Holidaymakers to the goods and/or services of third parties. We shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the relevant Holidaymaker.

Please see our Privacy Policy which explains how we will process your personal data.

11. Limitation of Liabilities and Legal – Please pay particular attention to this section

The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions).

When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period.

We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control.

Nothing in these terms and conditions will limit our liability or an Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Owner’s negligence or the negligence of our or their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.

12. Damages

Please let us know if any damages have occurred during your stay.

We do understand that accidents happen and should any damages be identified we will provide photographic evidence. We will endeavour to mutually agree to any additional charges.

Please discuss any damages with us so this can be rectified prior to our next guest’s arrival.

We accept that accidents can and do happen so please report them to us asap.