Terms and Conditions

BOOKING CONDITIONS

We are Caroline Murray and Neil Cadwallader (“We”, “us” and “our”) of The Ploughman’s Cottage, Ivy Tower Village, St Florence, SA70 8NQ. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.

Accuracy of information

We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 8.

Our agreement

These conditions together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them.

Our agreement becomes binding when we issue a confirmation. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t.

2. Payment

You must make payment in line with the instructions we give you. Unless otherwise agreed in writing provisional bookings must be confirmed within two working days by payment of a non-refundable deposit of 20% of the total cost of the holiday. If the booking is made within six weeks of the start date of the holiday, full payment is required. The balance due must be paid six weeks prior to the start date of the holiday. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 6 below will become payable.

3. Insurance

It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Your travel insurance should also include cover against any COVID-19 issues or incidents which may affect your booking. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

4. Special requests

Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part.

5. Disabilities and medical problems

COVID 19

You acknowledge that you must comply with all advice and guidance issued by relevant governments and health authorities. It is your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks. We both agree that you are making your booking in full knowledge that Covid or other measures maybe affect your activities and stay and do not amount to significant changes to your booking.

We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.

Other health and disability terms

If you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before the confirmation is issued, if possible. Acting reasonably, if we are unable to properly accommodate your needs, we will refund your booking. If you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.

6. The price you pay

The price of your confirmed arrangements is subject to variations based on the final group size and change requests. We will confirm price amendments when you contact us to amend group numbers. Price changes may also occur solely as a direct consequence of changes in the level of taxes or fees on your confirmed arrangements imposed by third parties.

7. Changes and cancellations by you

If you wish to change or cancel your booking you should advise us as soon as reasonably practicable by telephone and follow this with confirmation in writing via email to theploughmanscottage@outlook.com. The day of receipt of the written confirmation is the day that is deemed as the date of cancellation. In the event of a cancellation, we may (but without any obligation to you) attempt to re-let the accommodation and if a replacement letting is obtained for your booked full stay, we may refund you any monies paid above the deposit less any handling charge. If we are unable to re-let the accommodation, we will retain the cancellation charges detailed below. You are advised to obtain travel insurance to cover any unforeseen circumstances – see clause 3.

We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in changing your arrangements, all such changes will be subject to the charges below. Where we are unable to assist with making a requested change and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.

8. Charges in the event of a cancellation or change

In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-

Any cancellations made from time of booking up to 6 weeks before arrival, the deposit paid will be non-refundable.

Any cancellations made from 6 weeks before arrival up to the holiday start date, will be charged at 100% of the total cost.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

A change is a change to the booked dates. In the event we are able to accommodate revised dates, the difference between the original booking price and any higher booking price in addition to a £25 administration charge will be payable. In the event we are able to accommodate revised dates, and the revised booking price is lower that the original booking price, no refund will be made. A £25 administration charge will be payable unless the difference between the revised and original price is more than £25..

9. Changes and cancellation by us

If we have to make a significant change or cancel your accommodation before arrival, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-

i (for significant changes) agreeing to the changed arrangements,

ii accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or

iii accepting an offer of alternative arrangements of comparable standard from us, if available.

(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.

10. Unavoidable and extraordinary circumstances

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond our control which we could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, pandemic or the continuing effects thereof, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions and all similar events outside our control.

11. Complaints

If you experience difficulty during your stay, please inform us without undue delay so that we can take steps to assist you or put things right. You should do this by contacting the owners on 07564 337491 or by email within 28 days of the end of your stay. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and could affect your rights under our agreement.

12. Your behaviour

If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other activity immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.

13. Our Responsibility

We make every reasonable effort to indicate possible safety hazards in our property description. It is however your responsibility (particularly parents and anyone with physical restrictions) to inspect the property and grounds immediately upon arrival and note any possible hazards. Please remember that our property may not be built to modern standards so may contain potential hazards such as steep or open stairs, low beams and low doorways which should be noted by you. You must upon arrival check the layout of the property so that you have a planned route to exit the property as easily as possible in the event of an emergency. Our property is located in the countryside which can hold its own hazards such as barbed wire in fencing and animals in fields. Please note that regular country smells and noises will not be classed as cause for complaint.

We will use reasonable skill and care in providing the accommodation under this agreement. You must prove that we have breached that duty and damage to you has been caused in order to make a claim against us. Please note in relation to all bookings:

it is your responsibility to show that we have been negligent if you wish to make a claim against us.
It is a condition of our acceptance of the responsibility above that you inform us without undue delay of any lack of conformity you perceive; and allow us a reasonable period in which to remedy it.

In these terms and conditions, our responsibilities are limited; and our duty to pay compensation is limited and excluded as follows:-

We will not be responsible, make a price reduction or pay you compensation for any lack of conformity, injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

(a) the act(s) and/or omission(s) of the person(s) affected;

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or

We will not be responsible, make a price reduction or pay compensation:-

a) for services or facilities which do not form part of our agreement or where they are not advertised by us, or where failure to provide those services or facilities is outside of our control.

b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-

(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(b) the extent to which our negligence affected the overall enjoyment of your arrangements.

(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)

Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law

The maximum amount we will have to pay you in respect of all such claims is three times (twice in the case of arrangements which aren’t packages) the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.

14. Your obligations

You agree to the following:

a) To pay before departure for any breakages, losses or damage caused by you to the property or its facilities.

b) To take all reasonable and proper care of the property and leave it in a clean and tidy condition at the end of your holiday. You will be responsible for any additional cleaning costs.

c) To inform us of any problems with the facilities or services as soon as they become apparent.

d) In the event of a breakdown of amenities or equipment in the property every attempt will be made to rectify faults or repair equipment but a guarantee cannot be given that this will be done during the period of the let. You must agree to permit us or our representatives reasonable access to the property to carry out any maintenance.

e) Not to sublet or share the property except with the persons included at the booking or subsequently included by agreement. The maximum number of persons allowed at the property is clearly stated and must not be exceeded. We reserve the right to terminate hire without notice and without refund where this condition is breached.

f) Not to do or omit to do something which may be or become a nuisance to neighbouring holiday accommodation or properties.

g) The maximum number of people entitled to stay at each property is 6 and furthermore, only those people named on the booking form are entitled to stay. If it is found that more people than agreed are using the property, this will be considered a breach of contract and the holidaymaker and his/her party will be asked to leave immediately without any refund. Sub letting or assignation of the let is prohibited.

15. Pets

Where pets are allowed at the property the charge will be specified on the booking confirmation and you agree to the following:

a) Pets must not, at any time, be left alone at or in the property.

b) Only the number and type of pets agreed to on the booking confirmation will be allowed.

c) Pets must not under any circumstances be allowed on any soft furnishings or beds.

d) Pets must have their own beds or equivalent to protect floor coverings at all times.

e) Pets must not cause any annoyance in anyway to occupants of adjoining properties or the general public.

f) You must never allow pets to defecate in areas where children may play. Failure to clean up after pets will be heavily surcharged.

16. Swimming pool disclaimer

The booking is subject to a swimming pool disclaimer form and all bookings are taken on the basis the disclaimer is accepted. Amenities are only for use by the clients staying in the property. Use of the amenities and facilities in Ivy Tower Village are entirely at the users own risk.

17. Bed linen

Bed linen will always be provided but not changed during the period of the holiday. A second set of linen may be purchased by prior arrangement. Towels are not included unless agreed by the owner in writing.

18. Arrival and departure times

Every effort will be made to have the property available from 3pm on the day of arrival. The property must be vacated by 10am on the day of departure. Late departure will result in an additional charge being made. Information about keys and how to collect them will be provided once full payment has been received.

19. Liability

The property owner takes no responsibility for the personal possessions of the holidaymaker or the holidaymaker’s party. Vehicles and possessions are left entirely at the risk of the holidaymaker.

20. Jurisdiction and applicable law

This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.