Terms And Conditions | Ultimate Country House

PLEASE READ THESE CONDITIONS CARFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING

INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.

1 Witham House at Langrick, Lincolnshire

The contract for a short-term holiday rental will be between Victoria Paxton (referred to as "us" or

"we") and the person making the booking and all members of the holiday party (referred to as "you"

or "your") in the following booking conditions, the law of England will govern the Contract.

The contract of hire is not effective until we have received the deposit. The contract will be subject to

these booking conditions and must be complied with. The party leader must be at least 18 years of

age at the time of the booking and the booking form must list names, addresses and ages of your

party.

2 Duration and Times of Lettings

You should not arrive before 4pm on the commencement date and leave by 10am on the day of

Departure (unless otherwise agreed in writing with us). Failure to do so will result in you being charged a further day's rental. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the

Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.

3 Booking Procedure

Whilst we are prepared to consider requests for reservations of the properties, the confirmation of a

reservation shall not render us liable in the event that the property is unavailable for occupation

during the period reserved and no contract will arise between us and you otherwise than in

accordance with the following provisions of these terms and conditions.

4 Booking Form

All applications to book holidays in the properties must be submitted by you to us using our standard

booking form for the time being in force ("Booking Form"). The Booking Form must be fully completed

by you and must be accompanied by payment of the booking fee. The amount of the booking fee shall

be as follows:

1. If the booking fee is submitted 1 weeks or more before the commencement of the requested

holiday letting period - 50% of the full amount payable in respect of the letting; or

2. If the booking form is submitted less than 2 weeks before the commencement of the requested

holiday period - the full amount payable in respect of the whole of the letting period.

In the event that we decline an application, the full amount of the booking fee will be refunded to

you. In the event that an application is accepted, the booking fee will be retained by us and treated as

a payment on account of the amount payable in respect of the letting.

The booking fee is non-refundable.

5 Acceptance of an Application

The contract between us and you for the letting of the property shall arise upon us giving written

confirmation of acceptance of your application (which at our discretion may be dispatched by prepaid

post or electronically to any email address provided by you in the booking form) or upon us

having obtained clear funds in respect of the application fee whichever is the later.

6 Payment

The full amount of the payment for the fee for the letting (less the amount to which clause 4) shall be

paid on the "due date" namely:

1. In a booking in which clause 4i applies, not later than 4 weeks before the commencement of the

letting; or

2. In a booking to which 4ii applies, upon our acceptance under clause 5.

VAT is not payable in the rental charge of the property

7 Failure to pay

Non-payment of the sum payable under clause 6 by the due date may be treated as a cancellation of

your booking and we will be entitled to re-let the property without reference to the client and retain 100% of the deposit. The terms as to payment in clause 8 thereafter apply.

8 Cancellation

ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.

Any request to cancel a booking must be made to writing to us. You shall remain liable for all the

payments due in respect of the reservation (less any payment we receive if we are able to rebook the property) whether or not they have been paid at the time of the

cancellation.

9 Changes

We reserve the right to amend the price quoted in a brochure or rates sheet due to errors or

omissions or changes in the VAT rate. In such circumstances we will contact you as soon as we

become aware of an increase in charges. If you do not wish to pay the increase you shall be entitled

to cancel the reservation and receive a full refund for all monies paid in respect of the reservation

providing notice of cancellation is given in accordance with the provisions of clause 4 and within 7

days of you receiving notice of the amendment to the price to be charged from us.

10 Changes to bookings

We will consider any request to change dates after confirmation has been issued. We reserve the

right to charge an administration fee of £25 in the event a change of booking is made. The booking fee is non-refundable in the event of a cancellation or changes of the booking.

11 Occupancy and Use of Property

Under no circumstances may more than the maximum number of persons stated in

the web site occupy the property or as otherwise agreed by us. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities of Witham House (including the Lodge and outbuildings), unless prior written consent has been obtained from us. To exceed the maximum number of persons overloads the facilities available which are not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any overoccupancy

is considered to be a serious infringement of the Terms and Conditions and can result in an

immediate requirement to vacate the premises, with no refund of monies due, and possible further

charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning

septic tank which has been used by a greater number of people than the tank is designed for).

12 Care of the Property

You are responsible for the property and are expected to take all reasonable care of its furniture,

pictures, fittings and effects, in or on the property. You must leave them in the same state of repair,

and in the same clean and tidy condition at the end of the rental period as at the beginning. You must

not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on

there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.

We request noise to be kept to a minimum between the hours of 11pm and 7am. Smoking is not

allowed in any of the properties or in any communal areas.

13 Damages and Damage Deposit

Bookings of Witham House require a damage deposit of £1500.00. You will be required to make this

payment by either cash, cheque, bank transfer or card at the same time as your booking payment under clause 4.

This amount is fully refundable within 14 working days of your departure, providing the property is left clean

and tidy (including the BBQ if used), that there have been no breakages or damage to the property or any equipment (including but not limited to kayaks, SUPs, paddles and related equipment, swimming pool cover, BBQ, furniture, carpets, upholstery, curtains, white goods), extra cleaning required or any extra people found to be staying at the property.

In the event that you or anyone staying at the property during your reservation period causes damage

or incurs a need for professional cleaning services or leaves the property without settling invoices for

additional services or supplies received during your reservation period you will be notified in writing

of the details of any extra costs incurred within 14 working days after the end of the reservation

period and this amount shall be deducted from the Damage Deposit or payment will be required by

you.

14 Play Equipment and Kayaks/SUPs

You agree that the use of the play equipment, swimming pool, sauna and kayaks/paddle boards is at your (or any third party residing in the property during the period of your reservation) risk in all respects and children should be supervised at all times with appropriate safety equipment.

You confirm that you are authorised to sign the booking form on behalf of all persons who will occupy

the property and that those persons are aware of the booking conditions. You shall be a member of

the party occupying the property and are required to ensure that:

1. Each member of the party on whose behalf you have submitted the Booking Form is listed on the

booking form with his or her full name and age if under 30;

2. Each member of the party is aware of and will comply with all rules and regulations published by

ourselves in respect of the use and occupation of the property;

3. The number of persons within the party shall not exceed the maximum number of persons

permitted to occupy the property.

4. The lead booker provides photo ID and proof of current address.

5. The lead booker is the authorised signatory on behalf of the group for signing the booking form and the group agrees to the terms and conditions of the booking.

Any breach of these provisions will constitute a breach of contract, thereupon we may terminate the

booking forthwith in which event all moneys paid by you will be forfeited and you may be required to

vacate the property.

We reserve the right to repossess the property at any time where damage or nuisance have been

caused by you or any member of your party and in such event we shall not be liable to make any

refund whatsoever.

15 Liability

This condition sets out our entire financial liability (including any liability for the acts or omissions of

its employees, agents, consultants and subcontractors) to you in respect of any breach of this

agreement; any use made by you or any third party residing or making use of the property during

your period of reservation and any representation, statement or tortious act or omission (including

negligence) arising under or in connection with this agreement.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent

permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the

liability of us for death or personal injury resulting from negligence or liability incurred by you as a

result of fraud or fraudulent misrepresentation by us.

We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal

property or possessions; loss of use of the property or any special, indirect, consequential or pure

economic loss, costs, damages, charges or expenses in respect of the reservation.

Our total liability in contract, tort (including negligence or breach of statutory duty),

misrepresentation, restitution or otherwise arising in connection with the performance or

contemplated performance of the conditions of this agreement shall be limited to the monies paid in

respect of your reservation under the conditions of this agreement.

Any vehicle of yours or any third party making use of the property during the period of your

reservation is left at the property entirely at the risk of the owner of the vehicle.

The individuals listed on the booking form are jointly and severally liable in the event of any breach of the terms and conditions.

16 Force Majeure

In these terms and conditions "Force Majeure" means any circumstances beyond our reasonable

control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason

of Force Majeure the property is not available at the commencement of the time booked by you or

the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract

but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be

liable for any other claim for loss or damage by you.

17 General

(a) In the event of any conflict between these booking conditions and any other contents of any

brochure or website, these conditions shall prevail.

(b) These terms and the contract between you and us shall be subject to and interpreted in

accordance with the law of England and Wales and the courts of England and Wales shall have

exclusive jurisdiction to hear any claim arising from such contract.

include the feminine and neuter genders and vice versa.

(d) Words herein denoting the singular shall, where the context so admits be taken to include the

plural and vice versa.

WE REQUIRE THAT OUR GUESTS READ THE FOLLOWING CONDITIONS WHICH SHOULD BE

READ IN CONJUCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.

1. To behave in such a manner as not to disrupt the enjoyment of other people staying in the near

vicinity or prejudice the reputation of the owner of the property.

2. Your holiday or that of any third party residing or making use of the property during the period of

your reservation in breach of this clause may be terminated immediately and without Compensation

or any further obligation. Any damage to facilities arising out of misuse or as a result of negligence

and/or failure to follow the instructions herein will be chargeable to you.

3. When the wood burner is lit, use the fire guard. Make sure the fire is extinguished before going to

bed or leaving the property. To maintain the efficient operation of the wood burner and flue pipe,

please only use the seasoned wood provided by us, do not burn any other materials. Never leave the

fire unattended. The use of candles inside or outside Witham House (including the Lodge and outbuildings) is strictly prohibited. Turn off all electrical appliances before going to bed and close all doors and leave the keys in the outside key-safes.

18 Regulations and Conditions Regarding Pets

We require that our guests read and sign the following conditions which should be read in

conjunction with and form part of the booking conditions.

You agree:

1. Not to allow any pet upstairs or in the downstairs bedroom.

2. Never to leave any pet unattended in the property or garden.

3. Not to allow any pet on the furniture, especially not the beds.

4. To bring all pet bedding required and towels for drying the pet when required.

5. To ensure that any pet is clean and dry before allowing inside the property.

6. To ensure that pets behave in such a manner as not to disrupt the enjoyment of other people

staying in the vicinity or prejudice the reputation of the owner of the property.

7. To promptly pick up all dog mess from the garden and to not allow your dog to foul the area of the

playhouse, terrace areas and courtyard.

19 Security and Privacy

We will ensure that:

1. Personal data is only used for the legitimate interests of Witham House and

does not unduly prejudice the rights and freedoms of the individual in question.

2. Personal data will be processed fairly and lawfully in accordance with the Data Protection Act.

3. They will not process "sensitive" personal data without prior consent from the member.

4. Access will be granted to computerised personal data in the form of a computerised "printout", and

to manual personal data at its discretion.

5. Information processed is accurate, relevant, current, up to date and not excessive.

6. Personal data will be kept only for so long as is necessary for the specified purposes.

20 Disclaimer

Please be forewarned that it is possible to catch computer viruses by accessing a web page or by

downloading or running an infected program. Whilst we have taken steps to ensure that the pages on this web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this web site are indeed free from infection.

It is a condition of us allowing you free access that we will not be liable for any loss or damage suffered by any person accessing this web site or any third party resulting directly from the transmission of a computer virus resulting from the accessing of this web site.

Please note that the information available on this web site may be incomplete, out of date or

incorrect. It is therefore essential that you verify all such information with us before taking any action

in reliance upon it. It is a condition of us allowing you free access to the material on this web site that

you accept that we will not be liable for any action you take in reliance on the information on this web

site.

The contents of the pages on this web site are copyright of Witham House. The

copying or incorporation into any other work or part or all of the material available on this web site in

any form is prohibited save that you may: download extracts of the material on the site for your

personal use; or: copy the material on the site for the purpose of sending to individual third parties

for their personal information provided that you acknowledge us as the source of the material and

that you inform the third party that these conditions apply to them and that they must comply with

them.