Terms & Conditions
These are the terms and conditions upon which Gary Douglas Holland and Alison Holland both of The Homestead, Low Ham TA10 9DS (“the Owners”) and any person or persons (“the Client”) applying to book for use as a holiday home at Swallow Barn, Low Ham, TA10 9DS (“the Property”).
1. General
These are the only terms and conditions upon which the Owners are prepared to enter into agreements for holiday letting of the Property. All Clients have been provided with a copy of the terms and conditions either by post or by access to them on the Owners’ internet site at www.swallowbarn.info and are deemed to have read and accepted these terms and conditions before submitting a booking form or otherwise entering into any negotiation or agreement with the Owners.
2. Booking Procedure
whilst the Owners are prepared to consider requests for reservations of the Property, the confirmation of a reservation shall not render the Owners liable in the event that the Property is unavailable for occupation during the period reserved and no contract will arise between the Owners and the Client otherwise than in accordance with the following provisions of these terms and conditions.
3. Booking Form
All applications to book holidays in the Property must be submitted by the Client to the Owners using the Owners’ standard booking form for the time being in force (“Booking Form”). The Booking Form must be fully completed by the Client and must be accompanied by a payment for the application fee. The amount of the booking fee shall be as follows:
i. If the Booking Form is submitted 12 weeks or more before the commencement of the requested holiday letting period – 25% of the full amount payable in respect of the letting; or
ii. If the Booking form is submitted less than 12 weeks before the commencement of the requested holiday letting period – the full amount payable in respect of the whole of the letting period. In the event that the Owners decline an application, the full amount of the application fee will be refunded to the Client. In the event that an application is accepted, the application fee will be retained by the Owner and treated as a payment on account of the amount payable in respect of the letting.
4. Acceptance of an Application
the contract between the Owners and the Client for the letting of the Property shall arise upon Owner giving written confirmation of acceptance of the Client’s application (which at the discretion of the Owner may be dispatched by pre-paid post or electronically to any email address provided by the Client in the Booking Form) or upon the Owners having obtained clear funds in respect of the application fee whichever is the later.
5. Payment
the full amount of the payment for the fee for the letting (less the amount of any application fee paid under clause 3) paid on the “due date” namely:
i. In a booking to which clause 3i applies, not later than 12 weeks before commencement of the letting; or
ii. In a booking to which 3ii applies, upon the Owner’s acceptance of the application under clause 4.
6. Failure to pay
Non payment of the sum payable under clause 5 by the due date may be treated as a cancellation of the Client’s booking and the Owner will be entitled to re-let the property without reference to the Client. The terms as to payment contained in Clause 7 shall thereafter apply.
7. Cancellation
the Owners will remain entitled to the full benefit of the terms of this contract notwithstanding any purported cancellation of a booking by a Client whose booking form has been accepted and are under no obligation to accept cancellations. However, if a Client wishing to cancel a booking sends a request in writing to the Owner, the Owner will whenever reasonably practicable re-offer the Property for letting and will take reasonable steps to achieve a re-letting of the Property for all or as great a part as possible of the Client’s period of letting. If the Property is re-let for all or any part of the Client’s letting period Client will remain liable to pay letting fees to the Owner for any part of the Client’s letting period for which the Property was not re-let together with all costs and expenses incurred by the Owner in re-letting or attempting to re-let the Property and an administration charge of £20 for each day of the Client’s original letting period. ALL CLIENTS ARE ADVISED TO EFFECT INSURANCE AGAINST EVENTS THAT MIGHT RESULT IN A NEED TO CANCEL WITH A REPUTABLE HOLIDAY EXPENSES OR OTHER INSURER.
8. Prices and Fees
The Owners reserves the right to amend the prices for lettings quoted in the brochure or rates sheet in the event that the same are incorrect due to error or omission. If any payment in respect of fees is dishonoured the Owners shall be entitled to treat such dishonour as if it were a cancellation under clauses 6 and 7. The Owners reserve the right to charge the Client for any bank charges or other losses that they suffer by reason of the dishonour of a cheque or other bill of exchange passed on to the Applicant.
9. Client’s Responsibility
The Client confirms that he is 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. The Client shall be a member of the party occupying the property and is required to ensure that:
(a) Each member of the party on whose behalf the Client has submitted the Booking Form is listed on the booking form with his or her full name and age if under 18;
(b) Each member of the party is aware of and will comply with the all rules and regulations published by the Owners in respect of the use and occupation of the Property; and
(c) The number of persons within the party shall not exceed the maximum number of persons permitted to occupy the Property. There is accommodation in the Property for 2 people but by prior agreement with the Owners a further 2 children aged less than 2 years may occupy.
Any breach of these provisions will constitute a breach of contract, thereupon the Owner may terminate the booking forthwith in which event all moneys paid by the Applicant will be forfeited and the Clients may be required to vacate the property.
The Owners reserve the right to repossess the property at any time where damage or nuisance has been caused by the Client or any member of the Client’s party and in such event the Owners shall not be liable to make any refund whatsoever.
11. Nature of the Contract
the contract between the Owners and the Client is intended to create a licence for the Client and the Client’s party to occupy the Property for the purpose of a holiday and such licence shall not include or create any tenancy whether assured, assured shorthold or otherwise.
12. Client’s obligations - . The Client agrees:
a. to pay for any losses or damages to the property, however caused, reasonable wear and tear excluded.
b. to take good care of the property and leave it in a tidy condition at the end of the tenancy.
c. not to smoke (or cook) anywhere other than permitted areas of the property.
d. Not to bring pets to the Property without the prior agreement of the Owners and in the event that such agreement is given, to observe the regulations governing the keeping of pets at the Property which form part of these conditions.
e. To self cater, or to book catering with recommended caterer.
13. Risk
The Owners shall not be liable for any loss or damage suffered by the Client in respect of any personal belongings of the Client on or at the Property howsoever arising.
14. Duration and Times of Lettings
the period of the booking commences at 4pm on the first day of the booking period and ends at 10am on the date of departure unless otherwise agreed in writing between the Owners and the Client
15. Force Majeure
In these terms and conditions “Force Majeure” means any circumstances beyond the reasonable control of the Owners 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 the Client or the property is unsuitable for letting at that time, the Owners shall not be deemed to be in breach of contract but shall refund in full to the Client all fees, charges and any deposit paid in advance by the Client. The Owner will not be liable for any other claim for loss or damage by the Client.
16 General
a. In the event of any conflict between these booking conditions and any other contents of any brochure, these conditions shall prevail.
b. These terms and the contract between the Client and the Owners 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.
c. Words herein denoting the masculine gender shall, where the context so admits be taken to 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.
Regulations and Conditions
Regarding Dogs
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.
All dogs must be pre-booked (by phone, email or writing) and the owner’s consent obtained.
The Clients agree: Not to allow any dog upstairs or on the furniture
Never to leave any dog unattended.
A maximum number of 2 dogs shall apply and only well trained dogs are permitted.
To bring all dog bedding required.
To ensure that any dog is clean and dry before allowing inside the house.
Any “mess” made by dogs within the grounds must be cleaned up.
Do not allow any dogs in the hot tub.
To ensure that pets 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.
A charge of £3.00 per night per dog is required.
Regarding the Hot Tub
Swallow Barn takes no responsibility for any accident, injury or health issue resulting from the use of the hot tub.
Please do ask us if you have any questions or queries over the proper and safe use of the hot tub at any time.
For your safety it is essential to understand and adhere to the advice and guidelines for proper use as outlined below:
The hot tub must never be switched off at the mains. Do not open the electrical box of the hot tub.
Hot tub cleanliness is paramount. For your own safety it is essential that the water is kept clean as failure to do so results in the water balance changing which seriously diminishes the effectiveness of the sanitising chemicals. We will check the chemical balance of the hot tub periodically to monitor the water balance and quality. Water balance/chemicals will be adjusted as necessary and results recorded. This procedure is a safety requirement for hot tubs in holiday properties and ensures that the chemical balance of the water remains continuously safe for your enjoyment throughout your stay.
If upon inspection the hot tub is found to be dirty due to misuse, it may be necessary to for us to empty the hot tub and switch it off. We reserve the right to turn the hot tub off for the remainder of your stay. If you wish to have the hot tub cleaned and refilled, this will incur an additional cost of £50. Please be aware that it can take up to 12 hours for the tub to reheat. Any damage to the hot tub, the cover, cover lifting arm and handles will be charged for. You will be shown on arrival how to open and shut the tub. Please replace the cover after use making sure it is correctly secured. Failure to do so may end up with the lid being blown off and can damage the lid and its supporting arms. this could be very expensive to repair and you are liable for the cost. ONLY use the control panel buttons shown to you on arrival.
Do not jump into the hot tub, nor stand on or jump on the lid.
Be aware that surfaces in and around the hot tub may be slippery with water or ice in very cold weather.
Never take glass into the hot tub, plastic glasses are provided. Please inform us if any glass is broken in or around the tub.
Only guests staying at Swallow Barn are permitted to use the hot tub.
Do not allow any dogs in the hot tub.
NEVER leave one person alone in the tub or let them sleep in it, this could lead to drowning or the associated dangers of over-heating.
Do not use the tub immediately after strenuous exercise. Prolonged use of the hot tub can lead to your body over- heating. This can be dangerous leading to nausea, dizziness and fainting. The recommended maximum time in the hot tub should be limited to 30 minutes.
The use of alcohol, drugs or medication before or during use of the hot tub is not recommended.
People with infectious diseases must not use the hot tub. NEVER allow children under 5 in the hot tub as they cannot regulate their body temperatures suitably.
People on medication should always consult their doctor before using the tub.
People who are pregnant, obese, have heart conditions, blood pressure problems, circulatory problems, skin conditions or diabetes should always consult their doctor before using the tub.
Hot tub water is not suitable to be in or near your mouth and should never be consumed. Never submerge your head in the water.
HYGIENE
Guests should shower prior to using the hot tub, avoiding the use of perfumes, deodorants and cosmetics as this effects the condition of the water. Fake tan will stain and dirty the hot tub, requiring us to empty the hot tub and switch it off. If you wish to have the hot tub cleaned and refilled this will incur an additional cost of £50.
Do not use any soaps or detergents of any type in the hot tub, this will result in it having to be shut down, emptied and refilled. Appropriate swimwear should be worn at all times, naked bathing is not permitted.