Ham Farm Country Cottage Terms and Conditions
Booking Conditions
1. For the purposes of these Conditions.
“Ham Farm” means Mary Cobbledick of Hebron, Calf Street, Torrington, North Devon, EX38 8EG.
“Hirer” means the person named as such in the Booking Form.
“Booking Form” means the form named as such at the end of these Conditions.
“Confirmation Invoice” means the invoice named as such sent to the Hirer in response to the receipt by Ham Farm of a fully completed Booking Form accompanied by payment of the Deposit.
“Deposit” means the applicable sum set out in paragraph.
“Total Holiday Charge” means the entire amount due to Ham Farm from the Hirer for the hire of the Cottage under these Conditions.
“The Cottage” means the accommodation named as such in the Booking Form.
“Holiday Period” means the period during which the Hirer has agreed to hire The Cottage under these Conditions and described as such in the Booking Form or the Confirmation Invoice.
Where the consent of the Hirer is referred to the word “consent” shall be deemed to include the Hirer’s acceptance of or failure to remedy a situation
Words in the is Agreement importing the singular shall, where the context so admits include the plural meaning and vice versa and words in this Agreement importing the masculine gender shall include the feminine and neuter genders and vice versa and words noting natural persons shall include corporations and vice versa
2. Agreement
2.1 These Conditions shall apply to the Agreement defined later in this clause.
Where any provisions of the Booking Form conflict with the provisions of the Confirmation Invoice the provisions of the Confirmation Invoice shall prevail.
2.2 The making of a booking (unless cancelled within seven days of receipt of the Confirmation Invoice) shall, with these Conditions form an Agreement (the “Agreement”) between the Hirer and Ham Farm for the hire of The Cottage for the holiday period or as otherwise agreed in writing between Ham Farm and the Hirer.
2.3 Ham Farm permits the Hirer to occupy the Accommodation for the Holiday Period and to use the furniture, fixtures, fittings and effects in The Cottage during that time.
2.4 The Hirer shall be responsible for all payments due from the Hirer to Ham Farm under the terms of the Agreement.
2.5 The Hirer shall indemnify Ham Farm against all damage caused to The Cottage by the Hirer or any person from time to time occupying, staying at or visiting The Cottage with the Hirer’s consent
2.6 The Confirmation Invoice will show the Total Holiday Charge at the time of the booking. The Total Holiday Charge is subject to change in the event that Ham Farm carries out a review of its pricing of holiday accommodation between the date of the Confirmation Invoice and the date of the commencement of the Holiday Period. In the event of there being an increase in the Total Holiday Charge the Hirer will be informed in writing of the change as soon as possible. If the Hirer within seven days of such notification terminates the booking Ham Farm will return the Deposit. If the Hirer shall fail to cancel the booking within a period of seven days of such notification (time being of the essence) the Hirer shall be deemed to have accepted the increase in the Total Holiday Charge and the Agreement shall be varied accordingly. If such increase in the Total Holiday Charge occurs within eight weeks before the start of the Holiday Period payment of such increase shall be made forthwith by the Hirer.
3. Within three days of the receipt by the Hirer of the Confirmation Invoice:
3.1 If the booking is made eight or more weeks before the start of the Holiday Period the Hirer shall pay to Ham Farm in one of the ways mentioned in paragraph 5 one third of the Total Holiday Charge.
3.2 If the booking is made less than eight weeks before the start of the Holiday Period the Total Holiday Charge shall be paid in full.
If the Hirer shall fail to make payment of the Deposit strictly in accordance with the applicable provisions of clauses 3.1 and 3.2 (time being of the essence) Ham Farm may at its discretion accept any subsequent tendering by the Hirer of the Deposit as completing the agreement between them or may refuse to accept the tender of the Deposit in which case the booking shall be cancelled and there shall be no agreement in law between Ham Farm and the Hirer.
4. VAT
The Total Holiday Charge includes Value Added Tax at the rate current at the time of the Confirmation Invoice. Ham Farm reserves the right to vary the Total Holiday Charge in the event that the rate of Value Added Tax changes at any time before the commencement of the Holiday Period
5. Payment
Payments must be made in Pounds Sterling and may be made by cheque, credit card, debit card or telegraphic transfer. Payment is not accepted by American Express.
6. Final Payment
The full balance of the Total Holiday Charge (less the Deposit if applicable) is payable on the later happening of the receipt of a Confirmation Invoice or eight weeks before the commencement of the Holiday Period. If the full balance is not paid on time (time being of the essence) Ham Farm reserves the right to terminate this Agreement which cancels the booking.
Ham Farm reserves the right to claim damages from the Hirer as a result of such failure and may deduct the value of any losses sustained against any Deposit which it holds at the time, returning any balance to the Hirer.
7. Cancellation
The Agreement may be terminated at any time by the Hirer upon giving Ham Farm notice in writing accompanied by payment of the Total Holiday Charge less any Deposit paid.
Ham Farm will endeavour to re-book The Cottage for the Holiday Period and if it does so will return to the Hirer an appropriate portion of the Total Holiday Charge less £100 (one hundred pounds) to cover administration.
8. Refusal or Cancellation
8.1 Ham Farm reserves the right to refuse any booking at any time before the Confirmation Invoice is sent out.
8.2 Ham Farm reserves the right to cancel or alter any booking in circumstances which arise from or is attributable to acts, events, omissions or accidents beyond its control.
If Ham Farm terminates the Agreement which cancels any booking it will refund to the Hirer all monies paid by the Hirer to Ham Farm in full and the Hirer shall accept such payment in full satisfaction of all actions, costs and claims which it might otherwise have against Ham Farm.
9. Holiday Period
Hirings are for a maximum of four weeks and commence at 3pm on the first day of the Holiday Period and end at 10am on the last day of the Holiday Period unless otherwise notified.
If The Hirer or any person or persons who have occupied The Cottage or stayed in The Cottage or visited The Cottage at any time with the consent of the Hirer during the Holiday Period remains in The Cottage after 10am on the last day of the Holiday Period the Hirer will be liable for a charge of £100 plus VAT at the rate then current for every period of 12 hours thereafter in which The Cottage remains unvacated.
10. The Hirer’s Obligation
The Hirer for himself and all those from time to time occupying, staying in or visiting agrees with Ham Farm:
10.1 To pay for all gas and electricity fuel and telephone charges incurred during the Holiday Period unless included in the Total Holiday Charge.
10.2 To take good care of The Cottage and to leave it in a clean and tidy condition at the end of the Holiday Period.
10.3 To permit Ham Farm its agents and representatives reasonable access to The Cottage during the Holiday Period.
10.4 Not to part with possession of The Cottage or share occupation with it otherwise than with those persons identified on the Booking Form.
10.5 Not to sell or transfer the Agreement or the booking to any other person without the consent of Ham Farm.
10.6 Not to allow The Cottage to be occupied by persons other than those specified in the Booking Form.
10.7 Not to cause an annoyance or become a nuisance to Ham Farm or the owners or occupiers of adjoining premises.
11. Complaints
11.1 All complaints must be notified to Ham Farm as soon as reasonably practicable. The Hirer must allow Ham Farm’s representatives to investigate the complaint immediately.
Ham Farm will endeavour to resolve all reasonable complaints to the reasonable satisfaction of the Hirer as soon as practicable.
12. Pets
Guide dogs or assistance dogs may accompany the Hirer and occupy The Cottage during the Holiday Period. Otherwise no pets are permitted to occupy The Cottage.
Where dogs are permitted under the terms of these Conditions they are to be kept under control by the Hirer and not exercised on the gardens in the immediate vicinity of The Cottage or any adjacent buildings.
In any event dogs are not permitted in the bedrooms.
Ham Farm reserves the right to make a small weekly charge for each dog.
13, Liability
Ham Farm will not be liable for any act, default or neglect on the part of any person not within their employ or otherwise under their control and nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Hirer or any other person may suffer or incur arising out of or in any way connected with the Hirer or The Cottage unless Ham Farm is directly responsible.
Nothing in these Conditions excludes or limits the liability of Ham Farm for death or personal injury caused by Ham Farm’s negligence.
14. Right to Evict
Ham Farm reserves the right to evict the Hirer and any other person occupying, staying at or visiting The Cottage whether with the consent of the Hirer or not at the time without payment of compensation by Ham Farm if in the absolute discretion of Ham Farm there is a serious breach of the Agreement by the Hirer or any person occupying, staying at or visiting The Cottage or if the behaviour of any such person is such as to endanger the safety comfort or enjoyment of other persons.
15. Authority to Sign
The Hirer certifies that:
a) He is authorised to accept the terms of the Conditions on behalf of all persons mentioned in the Booking Form including those substitutes arising at a later date and;
b) that the Hirer is over 18 years of age and will personally occupy The Cottage and;
c) he agrees to take responsibility for every person occupying, staying at or visiting The Cottage with his consent during the Holiday Period.
16. Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
17. Headings
The headings in these Conditions are included only for convenience and do not affect the meaning of the paragraphs to which they relate.
18. No Tenancy
The Agreement is for the Holiday Period only and is not intended to create the relationship of Landlord and Tenant between the Hirer and Ham Farm. The Hirer shall not be entitled to a tenancy or any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of this Agreement.
19. Governing Law
The construction, validity and performance of this Agreement shall be governed by the law of England and Wales and both parties submit to the non-exclusive jurisdiction of the English Courts.
29. Severance
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.
30. Notices
Notices shall be sufficiently served if sent by a pre-paid first class recorded delivery letter or facsimile transmission to the address appearing in the Confirmation Invoice or such other address as each party may from time to time have communicated in writing to the other. Any notice to be served on the Hirer under this Agreement may be given during the Holiday Period by delivery in any manner to The Cottage and shall be deemed to have been received by the Hirer upon the expiration of 24 hours after service.
Mr & Mrs Cobbledick, Ham Farm, Dolton, Winkleigh, Devon EX19 8RF
Telephone: 01805 624000
Fax: 01805 623058
Email: info@hamfarm.co.uk