Accommodation Booking Terms and Conditions

The Gardeners Cottage

The contract for booking the holiday accommodation at The Gardeners Cottage (“Property”) is between Robin and Jane Cannon (referred to as the Owner, us or we) and the person making the booking with us and completing the online Booking Form who must be aged 18 or over (referred to as the Visitor, you or your). These terms and conditions (Terms) form the basis of any contract between the Owner and the Visitor for a booking of the Property. Please read these Terms carefully and make sure that you understand them, before proceeding with your booking. The Terms are incorporated into the contract between the Owner and the Visitor.

  1. Making Your Booking

When a booking is provisionally agreed by email or telephone with us (Provisional Booking Date) the reservation will be held for 48 hours during which the following booking confirmation must be completed.

  1. Completion and return of the online Booking Form by the Visitor.
  2. Signed acceptance of the Terms by the Visitor by email.
  3. Payment to us of a 30% deposit of the total holiday cost via bank transfer or Paypal. If the booking confirmation date is within 4 weeks of the start date of the holiday, the Owner requires full payment of the holiday cost.

If payment is not received by the Owner within 48 hours of the Provisional Booking Date then the provisional booking will be cancelled and the Property dates will be re-released.

This period is reduced to 24 hours for bookings where the start date of the holiday (Arrival Date) commences within 7 days of the Provisional Booking Date.

Upon receipt of payment the Owner will reserve the Property for the requested dates and will send the Visitor a written confirmation to confirm funds have been received and further details about their stay. You should carefully check the details and inform us immediately of any errors.

Final payment is required 4 weeks prior to the Arrival Date.

We reserve the right to refuse any booking prior to issue of the written confirmation.

  1. If you Cancel your Booking

If you need to cancel a booking you must telephone us and then confirm the cancellation to us by email or letter of confirmation (Cancellation Notice). A cancellation will not take effect until we receive written confirmation from you.

Where a Cancellation Notice is received by the Owner after the balance of the holiday cost is due and/or been paid (Pre-Visit Period) then the Visitor shall be liable for the full cost of the booking unless an alternative date for a future visit is agreed or we are able to arrange a replacement booking for these dates.

If the Cancellation Notice is received after the deposit has been paid and prior to Pre-Visit Period, then the deposit is forfeited unless we are able to arrange a replacement booking for these dates.

A booking can only be cancelled prior to the Arrival Date

We would strongly advise that you have holiday insurance in place to cover the unforeseen.

  1. If we Cancel your Booking

It is extremely unlikely that we would cancel a confirmed booking. If however for reasons beyond our control the Property was no longer available, we reserve the right to cancel a booking. In this event we would offer an alternative date for a future booking and failing to agree a suitable time, all monies paid by the Visitor would be refunded.

  1. Booking Personal to Visitor

By agreeing to the Terms the Visitor acknowledges he is not able to assign or transfer the booking to another party without the Owner’s consent.

The contract is between the Owner and the Visitor. No other person shall have any rights to enforce any of its terms.

  1. Arrival and Departure Times

The Visitor is requested to adhere to the arrival and departure times listed for the Property. Changes to these times can be requested prior to arrival. Weekend times may differ. Please let us know when you would like to arrive and depart.

Arrival time; not before 2pm

Departure time; by 10am

  1. Access to Gardens of Newton House

Please adhere to the area of the grounds which are highlighted with open access for the Visitor.

For access to the formal gardens and walled kitchen garden of Newton House please consult and arrange with us.

  1. Number of Guests

The Property sleeps two and the number of people staying at the Property must not exceed two.

You cannot allow more people to stay in the Property, nor can you significantly change the make-up of the party during the stay in the Property, nor can you take your pet into the Property, unless it has been arranged in advance and it is shown on your written confirmation.

All party members must be detailed on the Booking Form completed by the Visitor.

  1. Your Obligations

You agree not to cause any damage to the walls, doors or windows of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.

You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or the loss of such property except where the damage or loss is caused by our negligence.

You are required to take all reasonable and proper care of the Property including buildings, gardens, fixtures, fittings, furniture, pictures and other effects in or around the Property and shall leave them in the same state of repair and condition at the end of the rental period as found at the beginning.

In the event of any damage to the Property including buildings, gardens, fixtures, fittings, furniture and pictures during your stay then you are required to notify us immediately.

We reserve the right to charge you for any additional costs incurred by us (including repairing any items or replacing any items damaged beyond reasonable repair) in relation to damage arising during or as a result of your stay to the Property, contents or gardens. Personal liability insurance is also strongly recommended.

You will leave the Property and furnishings, kitchen equipment, crockery, glasses in a clean and tidy condition. This includes cleaning all cutlery and crockery and placing rubbish in the bin provided.

An inventory has been provided for the Property.

  1. Non-Smoking

Please note that the Property has a non smoking policy. You are not permitted to smoke in the Property.

  1. Owners Right to Access the Property

We reserve the right to enter the Property at any time to investigate concerns relating to the care of the Property, the safety of the occupants or to investigate disturbances.

  1. Owners Right to Require You to Leave Early

We can require you and all persons staying at the Property to vacate the Property with immediate effect if it is found to be in a neglected or damaged condition or you are otherwise in material or persistent breach of these Terms.

  1. Information about the Owner and How to Contact the Owner

The Owner: Robin and Jane Cannon.

The Owner may be contacted as follows:-

Telephone No: 07793950811

Email: jane@newtonsurmaville.co.uk

Address: Newton House, Newton Surmaville, Yeovil, Somerset BA20 2RX

If you have any questions or if you have any complaints, please contact us using any of the above means of communication.

  1. How the Owner Uses the Visitor and their Guest’s Personal Information

We will use the personal information you provide to us to:-

(a) provide the holiday accommodation at the Property in accordance with these Terms;

(b) process the Visitor’s payment for the services provided by us; and

(c) inform you about similar products or services that we may provide, but the Visitor may stop receiving these at any time by contacting us and confirming they no longer wish to receive the same.

We will not give your personal data to any other third party.

  1. The Owner’s Liabilities to You

Except in the case of death or personal injury caused by our negligence, our liability under or in connection with these Terms and the contract between the Owner and the Visitor, whether arising in contract, tort, negligence or breach of statutory duty or otherwise shall not exceed a sum equal to either the amount the Visitor paid for the booking or [£2,000] whichever is higher.

We shall not be liable to you or your guests in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you:-

(a) of an indirect or consequential nature; nor

(b) for any economic loss or other loss of turnover, profits, business or goodwill.

Your booking is made as a consumer for the purpose of a holiday and you acknowledge that no liability can be accepted for any business losses howsoever suffered or incurred by you.

Nothing in this agreement excludes liability for the Owner’s fraud.

  1. Events Outside the Owner’s Control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms or the contract with you that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control.

  1. Law and Jurisdiction

These Terms and the contract between the Owner and the Visitor shall be governed and construed by English law and the Visitor and the Owner agree to submit to the jurisdiction of the Courts of England and Wales.

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