Booking Terms and Conditions for The Tithe Barn
Please note – When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by post or email.
The Contract is for a short-term holiday rental of The Tithe Barn, Headborough Road, Ashburton, TQ13 7QR (the “Tithe Barn”) and is between:
- George Pagliero (the “Owner”) as owner of The Tithe Barn (referred to as “us” or “we”) and
- the party leader making the booking (referred to as “the Party Leader”, “you” or “your”)
(each a “party” and together the “parties”).
The Contract comprises the booking conditions set out in (i) these terms and conditions (the “Booking Terms”) (ii) your Booking Form (“Booking Form”) and (iii) our written confirmation of the Booking (for the avoidance of doubt, the “Booking Summary” generated when you submit your booking online does not constitute such a confirmation).
In the event of a conflict between the Booking Terms and the Booking Form, the Booking Terms shall prevail except where the Booking Form is expressly stated to take precedence.
The Contract is not effective until we have received and processed the deposit.
The Party Leader must be at least 18 years of age at the time of booking and the Booking Form must list names, addresses and ages of your party.
Bookings are confirmed on receipt of the booking form and receiving the deposit of 1/3 (one third) of the cost of rental for the property for the period set out in the Booking Form (the “Deposit”, the Rental Charge” and “Rental Period”).
The balance of the Rental Charge will be due for payment NO LATER THAN 30 DAYS before the commencement of the Rental Period (the “Rental Commencement Date”).
We reserve the right to cancel a booking where payment has not been received at least 30 days before the Rental Commencement Date. If the booking is made within 30 days of the Rental Commencement Date, then payment will be due in full upon booking.
- CANCELLATION BY YOU
You may cancel your Booking if you provide us with prior notice in writing.
Where you cancel your Booking in accordance with this clause, you remain liable for the full Rental Charge, subject to the remaining provisions of this clause.
Where you cancel in accordance with (a) above 90 days or more before the Rental Commencement Date, we agree that you shall not be obliged to pay any balance of the Rental Charge remaining unpaid. If you have already paid the full Rental Charge, we shall refund an amount equal to the Rental Charge less the Deposit. If we re-book the Tithe Barn for an amount no less than the Rental Charge, we will return all of your Deposit. If we are unable to re-book for the same or more than the Rental Charge, but do re-book the Tithe Barn for a lower amount than the Rental Charge, we will not be obliged to return your Deposit but we may, in our absolute discretion, choose to refund a part of it.
Where you cancel fewer than 90 days before the Rental Commencement Date, you shall remain liable to pay the full Rental Charge, with the balance exceeding the Deposit being paid on the same terms as would have been payable but for the cancellation (being no later than 30 days before the Rental Commencement Date). If we re-book the Tithe Barn for an amount no less than the Rental Charge, you shall not be liable to pay any further monies due and we will refund your Deposit (and any other part of the Rental Charge that you may have paid). If we are unable to re-book for the same or more than the Rental Charge, but do re-book the Tithe Barn for a lower amount than the Rental Charge but at least the amount of the Deposit, you shall not be liable to pay the balance of the Rental Charge but we will not be obliged to return your Deposit, although we may, in our absolute discretion, choose to refund a part of it.
Any refund due in accordance with this clause shall be made by BACS within 14 days of later of you giving your notice and you providing us with your bank details to return such monies.
It is your responsibility to ensure that you have adequate insurance in place to cover any loss or damage that you may suffer as a result of cancelling all or part of your stay with us and any associated costs.
- YOUR STAY
You may access the property from 16.00 on the Rental Commencement Date.
You must depart by 10.00 on the final day of the Rental Period unless otherwise agreed in writing in advance. If you depart after this time, we reserve the right to charge you a reasonable amount for any overstay and any additional reasonable costs arising from such late checkout (for example, any additional cleaning costs incurred).
You must not use the property except for the purpose of a holiday during the Rental Period, and not for any other purpose or longer period. The agreement to stay in the property for the Rental Period does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Rental Period.
- CANCELLATION BY US
If we are have to cancel your Booking due to a Force Majeure Event (as defined below) we may, at our sole discretion, offer you a full refund; or alternative holiday dates.
In this contract, a “Force Majeure Event” means any of the following circumstances which may hinder or prevent the performance of the Contract, including but not limited acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service.
If we have to terminate your holiday during the Rental Period, for the above reasons, we will refund you a proportion of the Rental Charge pro rata to reflect the time remaining of the booking.
This will be the full extent of the liability of the Owners. No additional compensation, expenses or costs will be payable.
- NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated in the brochure and the web site occupy the property, unless by prior arrangement with the Owner.
We may refuse admittance to the Tithe Barn if this condition is not observed in which circumstances no refund shall be payable.
Other than as otherwise required by law, neither the Owner, nor any of the Owner’s employees, agents, representatives or sub-contractors shall be liable to you or any member of your party for any loss or damage howsoever arising.
You should take all necessary steps to safeguard yourselves and your property and we recommend that you and your group obtain appropriate insurance for yourselves and your property.
- CARE OF THE PROPERTY
During the Rental Period, you are responsible for the Tithe Barn and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on around the property.
You must leave the Tithe Barn in the same state of repair and in the same clean and tidy condition at the end of the Rental Period as at the beginning. This includes washing-up, placing rubbish in bin liners and putting in outside bins, ensuring ovens and barbeque are clean and free from grease.
You must not use the Tithe Barn for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to the Owner or other neighbouring properties. You may also not use the Tithe Barn for any commercial activity.
Smoking is not allowed in the Tithe Barn or on the property around it.
- DAMAGES & BREAKAGES
You responsible for any damages, losses, costs or expenses caused by your or any member of your party to the Tithe Barn or its contents during your stay.
If such Losses arise, we may, in the first instance, make a deduction for the value of the Losses or any reasonable costs associated with such Losses (including but not limited to any necessary replacement, repair or additional cleaning costs) from your Security Deposit.
- RIGHT OF ENTRY
The Contract grants you a licence to enjoy the Tithe Barn but we shall be allowed reasonable right of entry to the Tithe Barn at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, you must contact us immediately to give us the chance to resolve it. We value your custom and want you to return.
No pets may be brought to the Tithe Barn without permission in writing of the Owner, the payment of the agreed fee and your agreement to abide with the “Dog Rules” as set out in our website (www.tithebarnashburton.co.uk) from time to time.
In the event that any member of your party brings any animal without prior consent, or fails, at any point during your stay to comply with the Dog Rules persistently or in a material way, we reserve the right to immediately terminate the Contract and and require you to leave the Tithe Barn without any refund.
- FURTHER LEGAL DETAILS
Any notices shall be in writing and deemed to be given if sent by first class post to: (a) in the case of the Owner, to Higher Headborough Farm, Headborough Road, Ashburton, Devon, TQ13 7QR or by email to firstname.lastname@example.org; and (b) in the case of the Party Leader, to the postal address and email provided on the Booking Form.
The Contract shall be governed by the law of England and Wales, and the parties subject to the exclusive jurisdiction of the English courts.
No failure of delay on the part of the Owner to exercise any rights or remedy under the Contract shall be construed or operate as a waiver of such rights or remedy. Further, any rights or remedies are cumulative and not exclusive to any rights or remedies provided by law.
Any provision of the Contract which is held to be illegal, invalid, unenforceable or unreasonable whether in whole or in part shall, to the extent necessary be deemed severable, and the other provisions of the Contract shall remain unaffected.
The Party Leader shall not be entitled to assign or transfer the benefit of the Contract or any part of it without the Owner’s prior written consent. The Owner may assign the Contract or any part of it to any person, partnership or company.
The Contract shall not be amended, modified or otherwise varied other than in writing and any such amendment, modification or variation shall only be effective to the extent that it is expressly stated to be a modification of the Contract.
We are committed to ensuring the best standards of practice in all our activities. Visitors to our website can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held and used in strict compliance with the data protection laws which apply in the UK.
We do not collect any personal information from visitors to our website other than information that is knowingly and voluntarily given. Anonymous information is collected, such as the number of visitors to the website in a given period or details of properties and dates selected for online bookings, but it is purely statistical and cannot be used to identify an individual user. Cookies are not used to collect any other information from visitors to the website. Visitors interested in requesting more information can provide contact details via a fill-in form. Visitors cannot be contacted unless such information is given. Visitors are also invited to give additional company information but a decision not to do so does not affect any subsequent negotiations or discussions.
Use of Information
The information collected may be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent. We treat any data collected during the course of making bookings or dealing with enquiries in strict confidence. Your data will never be sold. As members of Premier Cottages (a marketing collective of the best four and five star cottages in the UK) we have agreed to supply to Premier Cottages Ltd the names, postal and email addresses of all guests booking with us during the previous year, in order that these guests may be sent a Premier Cottages brochure and sent promotional emails from time to time. We also provide them with the email addresses of guest enquiries. By accepting these terms and conditions you are indicating your consent to receiving these communications from us unless you let us know otherwise, which you can do at the point of booking by ticking the Marketing Notes box in the extras section. If at any time you would like your details removed from this list all you need do is to click the unsubscribe link on any of the emails or contact us by email or letter, and we will arrange for you to be removed from the database.
Third Party Disclosure
We will NEVER pass any personal information on to any third party without your consent.
We take appropriate measures to safeguard the information we hold from unauthorised access or improper use. Our database is stored in a secure, password protected location. Only users authorised by us have access to this data.
Integrity of Data
We take all reasonable measures to ensure that the information we hold is accurate. In particular we use reliable collection methods and destroy or convert to an anonymous form, any out-of-date data. Individuals may request details of all personal information held by us so as to contest inaccurate or incomplete data, verify the information and have it corrected as appropriate.
Our website is not targeted at children but in any event personal information will not knowingly be collected from children under fourteen years without parental consent.
Any queries relating to our collection or use of personal information should be sent to our email address.
We are committed to ensuring the best standards of practice in all our activities. Visitors to our website can be assured that the protection of privacy and confidentiality are given the highest priority.