Owl Cottage Terms and Conditions
In these terms and conditions, the following terms have the following meanings:
‘Accommodation’ means Owl Cottage located at 18 Town Head, Middleton-in-Teesdale, Barnard Castle, County Durham DL12 0RN;
‘Agreement’ means the agreement between The Owners and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;
‘The Owners’ mean Claire & Michael McKeever of 12 Keithlands Avenue, Norton, Stockton on Tees, TS20 2QP; and
‘Visitor’ means the person completing the booking.
1.1 The Agreement is not effective until the required 25% deposit payment has been received from the Visitor and confirmation sent via email by The Owners to the Visitor via online PMS Freetobook.
2.1 Provisional reservations will be accepted by telephone or email and must be confirmed within 3 days by the arrival of the 25% deposit.
2.2 Provisional reservations will be cancelled after 3 days without further reference.
3.1 Bookings cannot be accepted by persons under the age of 25 years of age.
3.2 The number of persons occupying the Accommodation must not exceed the maximum stated in the current Accommodation description (2 adults).
3.3 The Visitor will be liable for all persons declared on the online booking and should ensure that they are aware of the booking terms and conditions.
3.4 The Owners reserve the right to decline any booking, refuse to hand over a key, or to terminate the tenancy without refund should there be a breach of any of these terms and conditions.
3.5 A booking confirmation email detailing the balance due and by what date will be sent to the Visitor by email from The Owners via online PMS Freetobook.
3.6 The full booking balance must be paid 30 days before the start of the holiday. If the balance is not received within 30 days before the start of the holiday, The Owners reserve the right to cancel the booking and retain the 25% deposit.
3.7 Bookings made within 30 days of the start of the holiday require payment in full at the time of booking.
3.8 Payments shall be made by direct transfer into the bank account of The Owners or via online secure link sent by email from The Owners online PMS Freetobook.
4. CANCELLATION BY THE VISITOR
4.1 The Booking may be cancelled at any time by the Visitor and must immediately notify The Owners in writing.
4.2 If a booking is cancelled 14 or more days before the start of the holiday, then a charge equal to 25% of the full booking amount will be made.
4.3 If the booking is cancelled less than 14 days before the start of the holiday, then a charge equal to 100% of the booking amount will be made.
4.4 In the event of a no show (after arrival date) the full cost of the booking is charged.
4.5 If The Visitor cancels the booking after the booking start date, The Owners will not issue a refund for any remaining nights of the booking. To clarify, this includes for any reason outside of The Visitor’s reasonable control, including without limitation, inclement weather and illness, including Covid.
5. CANCELLATION INSURANCE
5.1 The Owners strongly recommend that the Visitor take out travel insurance to compensate against any cancellation or loss.
5.2 Any contract of insurance is made between the Visitor and the Insurer and any claim under any valid policy should be made direct to the Insurer in accordance with the policy terms and conditions.
5.3 In the event of cancellation for any cause not covered by the cancellation insurance, please refer to terms set out in paragraph 4.5.
6. BOOKING ALTERATIONS
6.1 Any change by the Visitor in holiday dates will be subject to the agreement of The Owners.
6.2 For reasons beyond their control, The Owners have the right to cancel or alter arrangements made for the Visitor and The Owners will return to the Visitor all monies paid, whereupon The Owners’ liability will cease.
7 DAMAGE, LOSS AND NUISANCE
7.1 The Visitor agrees:
a. If they discover anything is missing or damaged on arrival at the Accommodation, they must notify The Owners immediately on 07908 976491. If they don’t notify The Owners, they’ll assume that The Visitor caused the relevant damage or loss.
b. that any damage or loss to the Accommodation or its contents caused by you, any member of your party or animal brought with you, excluding reasonable wear and tear, incurred during occupation will be liable for reimbursement.
c. not to cause nuisance or annoyance to occupants of neighbouring properties.
d. to allow reasonable access to the Accommodation by The Owners if it is deemed necessary.
7.2 If in the opinion of The Owners any person is not suitable to continue their occupation of the Accommodation because of unreasonable behaviour, damage or nuisance to neighbouring properties, the Agreement may be treated by The Owners as discharged and The Owners may repossess the Accommodation immediately. The Visitor will remain liable for the whole cost of hire and no refund shall be due.
8.1 Occupancy shall commence from 1700 hours on the day of arrival to 1000 hours on the day of departure, unless other arrangements have been made with The Owners, as there is a limited time to prepare the Accommodation for the next guests, and the Visitor is asked to respect this.
9. VISITOR OBLIGATIONS
9.1 The Visitor agrees:
1. to take good care of the Accommodation during occupation maintaining all furniture, fixtures, fittings and effects in the same state of repair as at the commencement of occupation;
2. to use the Accommodation, appliances and its contents in a safe and appropriate manner;
3. to read the “how to” instructions located in the “Information Pack” before the use of all appliances;
4. to keep the Accommodation secure and to lock (where locks exist) all windows and doors whenever the Accommodation is left unoccupied;
5. not to use the Accommodation or any part of it for any of the following, nor allow anyone else to do so: activities which are dangerous, offensive, noxious, noisome, illegal or immoral;
6. not to act in any way which will or may result in the insurance of the Accommodation being void or voidable, or the premium for the insurance being increased, nor allow anyone else to do so;
7. to report any damage or breakage(s) immediately to The Owners;
8. to pay the costs arising from any breakage(s), damage to furniture or fittings, removal of any items from the Accommodation, damage to the exterior of the Accommodation including any damage to neighbours’ property;
9. not to make any noise at the Accommodation which is audible from outside between 23:00 hours and 07:00 hours;
10. to place refuse, surplus food and unwanted articles in bin liners inserted in the waste bins provided and, if full, to dispose of the contents of the bins in the refuse/recycling container outside of the cottage and to replace disposed of bin liners with fresh empty ones.
11. not to drop any litter in the roadways, paths or parking areas;
12. not to block the waste pipes and drains;
13. not to tamper with the electrical, water or sewerage services, pipes or equipment.
14. that the supervision of pets and any adults requiring care remains the responsibility of the Visitor at all times.
15. to be responsible for leaving the Accommodation in good order and a clean condition, in which it was found; otherwise, the cost of additional cleaning will be charged.
16. that smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation during occupation. Any evidence found that smoking has taken place inside the Accommodation will result in a charge.
10.1 The supply of electricity, logs and coal are included in the tariff.
11.1 A maximum of 1 well-behaved dog is permitted and The Owners must be informed at the time of booking should the Visitor intend to bring their dog. The Owners reserve the right to refuse to allow any dog, which The Owners deem unsuitable or dangerous.
11.2 The Visitor must adhere to the following rules:
1. Dogs are not permitted on any furniture in the Accommodation;
2. The Visitor must leave the Accommodation inside and outside in a clean condition and clean up any fouling caused by the Visitor’s dog and dispose of it in the proper manner at the end of the holiday period.
3. Dogs shall not be left unattended in the Accommodation at any time during occupation, unless kept in a secure crate.
11.3 If the Visitor exceed the stated number of dogs, The Owner has the right to:
1.3.1 Refuse to allow The Visitor to enter or stay in the Accommodation; or
11.3.2 Ask the Visitor to leave the Accommodation before the end of the holiday period.
11.34 The Owner may make an additional, reasonable charge for professional cleaning after The Visitor occupancy, due to any pets that have stayed at the Accommodation.
12.1 Whilst The Owners make every effort to ensure the accuracy of Accommodation descriptions, descriptions are inevitably subjective and are for guidance only. If there are any points of particular importance, please contact The Owners to clarify information.
12.2 Whilst The Owners have taken all responsible steps to ensure that the information contained in its brochures, tariffs, leaflets and advertisements are accurate The Owners reserve the right to alter, substitute or withdraw any service, facilities or amenity.
13.1 The Owners cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly or indirectly caused by, or arising out of the Accommodation, its heating, plumbing, electrical services, or exceptional weather.
13.2 The Owners cannot accept any liability for:
a. any injury sustained by any person and/or dog;
b. loss of, or damage to, any property belonging to the Visitor brought into the Accommodation;
c. vehicles or vehicle contents belonging to the Visitor or any member of the party;
d. noise, nuisance or disturbance resulting from building works, noisy neighbours or local events etc.;
e. disruption of service from utility suppliers and/or Acts of God;
f. closure of shops or amenities described in the Accommodation details.
14. DATA PROTECTION POLICY
14.1 We will keep your personal information secure and will not share your information with any third party unless there is a legal reason for doing so, or in order to comply with the Data Protection Act 1998.
15.1 If in the opinion of the Visitor there are grounds for complaint, it is the duty of the Visitor to take it up with The Owners immediately or as soon as reasonably possible and in any event before departure to allow remedial action to be taken. [The Visitor should telephone The Owners on 07908 976491].
15.2 It is specifically agreed that failure by the Visitor to notify The Owners of any complaint in accordance with the timescale set out in clause [15.1] will entitle The Owners to refuse to entertain the complaint, irrespective of its merits.
16.1 The failure of The Owners to enforce or exercise, at any time, or for any period of time, any term of, or any right pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
17. LEGAL PROVISIONS
17.1 The construction, validity and performance of this Agreement are governed by the law of England & Wales and both parties submit to the non-exclusive jurisdiction of the English Courts.
17.2 The Visitor agrees that the Agreement with The Owners is made at The Owners premises and that any proceedings between the parties shall be conducted in the County Court nearest to The Owners.
17.3 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.
Revised February 2022