1. DEFINITIONS
1.1) “Additional Fees” means any fees payable by the Holidaymaker other than the Rental Charge, including (but not limited to) card handling fees, insurance costs, heating supplements and pet charges.
1.2) “Booking” means the reservation of the Property by the Holidaymaker.
1.3) “Booking Conditions” means these terms and conditions.
1.4) “Deposit” means:

  1. 30% of the Rental Charge; or
  2. if the holiday is due to commence within six weeks of the date of a Reservation Request, 100% of the Rental Charge

1.5) “Holidaymaker” means the person or persons making the Booking.
1.6) “Holiday Confirmation” means the confirmation of the Booking issued by Lower Marsh Farm to the Holidaymaker (by email and/or post) once the Initial Payment has been processed.
1.7) “Property” means the accommodation for which a Booking is made.
1.8) “Property Owner” means the owner of Lower Marsh Farm.
1.9) “Rental Charge” means the total rental charge payable in respect of the Booking.
1.10) “Reservation Request” means a request to make a Booking in the form of a completed holiday booking form (whether submitted via the post, email, website or otherwise) or a telephone booking.
1.11) “Short Break” means a holiday for a duration of less than seven nights.
2. BOOKINGS AND PAYMENT
2.1) Once the Deposit has been made and a Holiday Confirmation has been issued, a legally binding contract shall exist between the Holidaymaker and the Property Owner pursuant to which the Property Owner will make the Property available for the period set out in the Booking.
2.2) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Holidaymaker at the time of the Booking.
2.3) The balance of the Rental Charge (if any) must be paid by the Holidaymaker to the Property Owner no later than six (6) weeks prior to the commencement of the holiday.
2.4) Where the Property Owner has not received the balance by the due date, an overdue reminder letter will be issued to the Holidaymaker and a charge of £10 will be added to the balance due. If the balance is not received within four (4) days of that reminder, the Property Owner reserves the right to treat the Booking as cancelled by the Holidaymaker and clause 4 shall apply and the Holidaymaker shall have no claim against the Agent or the Property Owner for compensation or reimbursement whatsoever.
2.5) The prices stated on the Property Owner’s website are in pounds sterling.
2.6) All payments must be made in pounds sterling.
2.7) A refundable breakages deposit of £200 will be payable prior to or on arrival. This will be returned by the Owner via a BACS transfer within 7 days of the end of the Booking. Any breakages or damage to the Property will be detailed to the Holidaymaker via email and the associated values deducted from the deposit.
3. BOOKING DETAILS
Immediately upon receipt of the Holiday Confirmation, the Holidaymaker should check the details and notify the Property Owner of any mistakes/errors as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Property Owner reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Holidaymaker.
4. CANCELLATION BY THE HOLIDAYMAKER
4.1) The Holidaymaker should notify the Property Owner immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Property Owner has received written confirmation from the Holidaymaker. If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.
4.2) No refunds will be given on the cancellation of a Booking by the Holidaymaker.
4.3) This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives and successors, and references to any party shall include that party’s personal representatives and successors.
5. OTHER CANCELLATIONS
5.1) If the Holidaymaker has paid any money in respect of a Booking and the Property subsequently becomes unavailable, the Property Owner will refund Holidaymaker of all monies paid by the Holidaymaker.
5.2) The Property Owner is not liable for any costs associated with alternative accommodation, which must be paid by the Holidaymaker.
5.3) Save as set out above, the Property Owner shall have no liability for the cancellation or alteration of a Booking.
6. BROCHURE ACCURACY
6.1) To the best of the Property Owner’s knowledge the details relating to the Property described on the website are correct.
6.2) Upon becoming aware of any material inaccuracies in any published description of the Property or material changes to the Property, the Property Owner shall correct them on the website and inform the Holidaymaker. The Property Owner may, in their sole and absolute discretion, offer the Holidaymaker the option to treat the change as a Cancellation Event and clause 5 shall apply accordingly.
6.3) The Property Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure.
7. INSURANCE
The Property Owner does not offer any holiday insurance cover. To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday.
8. RESPONSIBILITIES OF THE HOLIDAYMAKER
8.1) During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Property Owner and the Agent) as follows:
8.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
8.1.2) that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
8.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
8.1.4) to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;
8.1.5) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy and for any consequential loss;
8.1.6) to report as soon as possible to the Property Owner (or his representative) any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
8.1.7) to arrive after 3 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Property Owner and/or the Holiday Confirmation states otherwise;
8.1.8) not (without the express permission of the Property Owner) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
8.1.9) to notify all other members of the Holidaymaker’s party of these undertakings.
8.2) In the event of a breach of any of the undertakings set out in clause 8.1 the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
9. PETS
9.1) Pets are only allowed at Property with prior agreement of the Property Owner. If a Holidaymaker takes a pet to a Property that exceeds the stated number / size of pet, the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
9.2) The Holidaymaker is liable for all damage caused by his/her pets. The Holidaymaker should remove all traces (inside and out) from the Property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy. The Holidaymaker must not allow pets on beds or furniture within the Property and pets must not be left alone in the Property at any time. If the Holidaymaker breaches this clause the Property Owner (or his representative) may notify the Holidaymaker of the breach and if the Holidaymaker continues to breach this clause the Property Owner (or his representative) may make the Holidaymaker leave the Property before the end of the Holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
9.3) Without prejudice to clause 9.2 above. Registered assistance dogs are allowed in the Property. The Holidaymaker must notify the Property Owner of the intended presence of any assistance dogs prior to booking. Customers with allergies should be aware that we cannot guarantee that an assistance dog has not stayed in a chosen property recently. We cannot accept responsibility for any suffering which may occur as a result of such animals having been present.

10. LIABILITY
10.1) The Holidaymaker’s (and all other members of the Holidaymaker’s party’s) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
10.2) The Property Owner shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of the Property Owner.

11. COMMUNICATION AND INFORMATION
11.1) For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Property Owner in the course of its business, belong to the Property Owner and will not be disclosed to any third party except in connection with a Booking.
11.2) Provided the Holidaymaker has not told the Property Owner otherwise, the Property Owner may use the Holidaymaker’s personal information for marketing the Property Owner’s services.
12.3) If the Holidaymaker or other individual wishes to be removed from the Property Owner’s marketing lists, they should contact the Property Owner by email at [email protected].

12. COMPLAINTS
12.1) In the event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact the Property Owner (or his representative) as soon as possible.

13. SURCHARGES AND CHANGES

If, between the date the booking is made and the Booking dates, any existing laws or regulations are changed or any new laws or regulations are enacted that require the Property Owner to make substantial and unanticipated expenditures, a Surcharge may be imposed on the Rental Charge to cover Holidaymaker’s pro rata share of the cost of complying with these laws or regulations.

If the VAT rate applicable to the Rental Charge or any Additional Fees changes, these changes will be applied to the monies due by the Holidaymaker.

The Property Owner reserves the right to amend the Rental Price if the costs associated with the Booking change (such as utility and consumables costs escalate). In such circumstances the Property Owner will contact the Holidaymaker as soon as reasonable. If the Holidaymaker does not wish to pay the increase the Holidaymaker shall be entitled to cancel the Booking and receive a full refund for all monies paid in respect of the Booking providing notice of cancellation is given in accordance with the provisions of clause 4 and within 7 calendar days of receiving notice of the amendment to the price to be charged.

14. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by the Property Owner, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker’s party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Property Owner are prevented or affected, by any event which the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Property Owner.

15. LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.

Coronavirus pandemic and your booking

If holiday accommodation is closed by the government at the point of your booking then we will issue a full refund or move to other dates (within 12 months of your original booking dates and subject to the pricing of the new dates chosen) – whichever you prefer. The same will apply if you are unable to travel here for your booking due to restrictions in your home area. There is more information about the changes we have put in place based on current guidelines here.

If you are unable to use your booking due to a member of your party being required to isolate as a result of a positive C19 test or similar, then we will attempt to re-rent the accommodation for the dates of your booking. If the accommodation is re-booked we will refund as much of your booking rental as possible limited by the re-booking rental price. We would suggest that you obtain travel insurance with Covid-19 cover.

Obviously we can only accept bookings that are compliant with the government restrictions in place at the point of your booking: the current information is available here. It is impossible to know what restrictions will be in place in the future so if your booking becomes ‘non compliant’, please contact us to discuss options.