Magnolia
Cottage

info@magnoliaholidaycottage.co.uk
05603 66 67 01*

Magnolia Holiday Cottage Terms and Conditions

1.0 Contract
1.1 The Contract for booking the “Cottage” is between You the “Guest(s)” and Us the “Owner(s)”. Guests have joint and severable liability with all guests booked to stay at the cottage to be bound by these Terms and Conditions.

2.0 Short Term Lets
2.1 Magnolia Holiday Cottage may be booked and occupied for short term holiday lets as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Guests acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

3.0 Bookings

3.1 Guests can make availability enquiries and bookings by email to info@magnoliaholidaycottage.co.uk or by telephone (05603 66 67 01).

3.2 Guest bookings are confirmed when the booking form is received and the deposit payment is cleared by -. Bookings will be confirmed in writing by Us via email or letter.

4.0 Payment

4.1 The deposit required to confirm bookings is one third of the total holiday price.

4.2 The balance is due eight weeks prior to the start of the Guests’ stay.

4.3 For bookings made within eight weeks of the Guests’ stay, full payment must be made at the time of booking.

4.4 If the balance is not received eight weeks prior to Guests’ stay, the Owners will re-advertise the cottage and Guests will lose their deposit. The Owners will attempt to re-let the cottage. If the Owners are successful in re-letting the cottage for the Guests’ booking dates, the deposit will be returned, less a £50 administration fee and the difference between the original booking price and the price the Owners achieve through re-etting.

4.5 All payments must be made by cash, cheque or bank transfer. No credit or debit cards are accepted.

4.6 All prices quoted include VAT and Insurance Premium Tax where applicable at current rates.

5.0 Damages Deposit

5.1 The damages deposit of £100 must be paid at the time of booking.
This is refunded shortly after the end of the holiday unless there is a dispute.

6.0 Cancellations

6.1 The Owners urge Guests to take out travel insurance to cover cancellation.

6.2 In the event Guests need to cancel after confirmation, this must be notified in writing to the Owners by email or letter. The deposit is non-refundable. However, the Owners will attempt to re-et the cottage. If the Owners are successful in re-letting the cottage for the booking dates, the deposit will be returned, less a £50 administration fee and the difference between the original booking price and the price the Owners achieve through re-letting

7.0 Cottage Occupancy

7.1 The cottage sleeps a maximum of four people unless otherwise arranged with the Owners.

7.2 Only Guests named on the booking form may occupy and sleep in the cottage. Changes to the names of guests booked must be notified to the Owners prior to the holiday.

7.3 Names, nationalities and ages must be provided at the time of booking as requested.

7.4 Daytime guests are welcome to visit but not to stay.

7.5 The cottage may not be sublet.

8.0 Arrival and Departure

8.1 Guests are required to telephone the Owners a few days before their stay to confirm arrival time; number of cars and to be advised of the procedure for obtaining the key.

8.2 The cottage is available from 4pm on day of arrival.

8.3 The cottage must be left clean and tidy and must be vacated by 10am on the day of departure to allow enough time to clean and prepare the cottage for the next guests arriving later in the day.

9.0 During Your Stay

9.1 Booking charges include the provision of central heating and hot water; electricity; shared Wifi; bed linen and towels and the first basket of logs. Subsequent log baskets are charged at £3 per basket.

9.2 Guests are required to observe the rules of occupation as laid out in the Cottage Folder.

9.3 Smoking is not permitted anywhere in the cottage or garden.

9.4 The Owners reserve the right to make a charge where Guests have contravened the request for the cottage to be smoke free. (In order to comply with the Unfair Terms in Consumer Contracts Regulations 1999 the amount of such a charge should not be more than the cost of the cleaning.)

9.5 Pets are not allowed in the cottage at any time. Guide Dogs and Hearing Dogs may be permitted by arrangement.

9.6 Guests are required to keep the cottage well ventilated by opening windows daily and removing excess moisture from windows.

9.7 Guests are required to be respectful of neighbours.

9.8 Guests are required to keep the cottage and all furniture, fixtures, fittings and effects in or on the cottage in the same state of repair as at the commencement of the holiday, and shall leave the cottage in the same state of cleanliness and general order in which it was found.

9.9 Guests are required to report to the Owner and cover the cost of any damage or breakages. In the event Guests are unwilling to cover such costs, an appropriate deduction will be made from the damages deposit for replacements and/or provision of goods or services to rectify the damage or for the provision of additional cleaning. Should the cost of repairing the damage or services required to rectify the damage exceed the amount of the damages deposit, Guests are required to pay the balance.

9.10 Guests are required to notify the Owners immediately should they experience any difficulties or maintenance issues with the cottage so that the Owners may address them as soon as possible.

9.11 The Owners reserve the right to enter the property at any reasonable time and immediately in the event of an emergency.

10.0 Dispute Resolution

10.1 The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between them. If the matter is not resolved by negotiation within 30 days then the parties will attempt to resolve the dispute in good faith through an agreed Alternate Dispute Resolution (ADR).

11.0 Description

11.1 The photos on the Magnolia Cottage website and written descriptions offer a fair and accurate representation of the cottage and its contents, although Guests accept that there may be differences between the photos and descriptions and the actual cottage presentation at the time of their stay.

12.0 Data Protection

12.1 Personal data which includes Guest names and ages, email address, home address and telephone numbers is held on file by Us to enable Us to secure bookings; to keep Guests informed and for marketing purposes by Magnolia Holiday Cottage.

13.0 Force Majeure

13.1 The Owners reserve the right to cancel a Guest’s booking should the cottage become unavailable due to natural disasters or for reasons beyond the Owners’ reasonable control. This may include fire; flood; significant damage to the property or failure of utility services. In this instance the Guest’s balance may be refunded but there will be no further liability or compensation.

13.2 It is the Guest’s own responsibility to take out adequate travel insurance to cover themselves in the event of such circumstances.

14.0 English Law

14.1 These terms and conditions are governed by English Law.

14.2 If any provision of these Terms of Business is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Business.

15.0 Owners’ Liability to Guests

15.1 The Owners will not be liable for any loss or damage suffered by Guests or any member of its party or to Guests or their property, except where such loss or damage is due to Owners’ negligence. If the Owners are negligent, the Owners’ liability to Guests will be limited to the loss or damage which was a foreseeable result of such negligence. Except in the case of death or personal injury resulting from Owners’ negligence, the total liability to Guests in respect of any breach of these Terms of Business or tort or other act or omission by Owners in connection with this contract shall be limited in aggregate to the price agreed to be paid by Guests for the right to use the property for the period agreed.

15.2 The Owners do not accept liability to customers acting in the course of a business for losses of profits, business, contracts, goodwill, anticipated savings, expenses, consequential losses or other similar losses, for any reason whatsoever. To the extent permitted by law and except in the case of personal injury or death resulting from Owners’ negligence, the maximum limit of Owners’ liability to business customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by Guests for the right to use the cottage for the period agreed.

15.3 Guests are responsible for arranging their own travel insurance. The Owners do not accept liability for any injury or damage to belongings during Guests stay.

16.0 Breaches of these Terms of Business

16.1 If Guests commit a serious breach of these Terms of Business, the Owners will have the right to terminate the Guest’s booking and if the Guests are already at the property the owner may require them to vacate it immediately. A serious breach of these Terms of Business includes, without limitation, failure to comply with rules of the house or health and safety advice or circumstances where the Guests’ behaviour, or that of their party, is likely to have a significant adverse effect upon those staying or living nearby the cottage. In the event of Guests committing a serious breach of these Terms of Business no refund of the fees paid will be returnable.

16.2 It is not intended that any third party (other than Us, the Owners) should have the right to enforce any of these Terms of Business under the Contracts (Rights of Third Parties) Act 1999.

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