Self Catering Accommodation   

1. General

1.1 The first named person on the booking form (the “Guest”) agrees, by paying a deposit, to enter into a contract with the owner of 43 Clearwater (“Property”), Lower Mill Estate, Somerford Keynes, Gloucestershire GL7 6FL, Ms Sandra Rochester (the “Owner”) on the following terms and conditions.

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1.2 The Guest is responsible for the payment of the full price of the holiday and for ensuring that all members of their group comply with these terms and conditions.

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1.3 The Guest must be aged 18 or over at the time of booking.

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1.4 The Guest and their group must comply with the Estate Rules of the Lower Mill Estate and the Code of Conduct for those staying at Lower Mill at all times during their stay. The key Estate Rules relevant to the Guests will be contained in the Code of Conduct, which the Guest will be required to confirm they have read and agreed to, along with these terms and conditions, at the time of booking.

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Together, the Estate Rules of the Lower Mill Estate and the Code of Conduct shall be referred to in these terms and conditions as the “Estate Rules”. A copy of the Estate Rules will be left in the information file in the Property for the Guest to read.

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2. Payment

2.1 A holding deposit of 25% of the total booking fee must be paid at the time of booking. The Owner shall not be deemed to have accepted a booking until the holding deposit has been received and a holiday confirmation has been issued. 

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2.2 The balance of the cost of the booking must be paid in time for funds to clear not later than six weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Guest, in which case condition 5 shall apply. It is however the Owner’s normal practice to send one reminder before processing such cancellations.

 

2.3 The total booking fee will comprise the accommodation charge, and a non-refundable cleaning fee (per booking).

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2.4 If the Guest books the holiday less than six weeks from its commencement, the full cost of the holiday shall be payable on booking.  

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2.5 All payments should be paid by debit or credit card via our automated online booking system.

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2.6 The price payable for the holiday is inclusive of all booking fees and charges, linen and reasonable utility usage during the holiday (but excludes any extra charges agreed between the Guest and the Owner).

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3. Damage Deposit

3.1 We reserve the right and you hereby authorise us to charge your credit or debit card up to £250.00 for any damage incurred to the property or its contents during your stay (including without limitation specialist cleaning) or for any items that are missing when you leave.

 

4. Cancellation by the Owner

4.1 In the unlikely event that, where a Guest is not in breach, it shall be necessary for the Owner to cancel the holiday accommodation for the period booked due to circumstances beyond her control, the Owner will inform the Guest as soon as possible and offer alternative dates or alternative similar accommodation if available. If the alternative dates or accommodation offered are not acceptable to the Guest (the Guest being required to act reasonably) then the Owner shall refund in full all monies paid (including the holding deposit) and shall not be under any other liability.

 

5. Cancellation by the Guest

5.1 Any cancellation made by the Guest (for whatever reason) shall be by email addressed to the Owner at 43clearwater@gmail.com. The effective date of cancellation is when the Owner receives this email notification. Should the Guest cancel the booking more than six weeks prior to the commencement date of the holiday, the full holding deposit paid will be retained. Should the Guest cancel the booking six weeks or less prior to the commencement date of the holiday, the full cost of the holiday will be retained.

 

6. Insurance

6.1 The Owner strongly recommends that the Guest has holiday cancellation and possessions insurance.  The Guest’s possessions will not be covered under the property’s insurance in the event of loss, theft or damage.

 

7. Limitation of Liabilities

7.1 Nothing contained in these conditions shall exclude or restrict any statutory rights, which the Guest has against the Owner.

 

7.2 The Guest deals as a consumer and in no event shall the Owner be liable for losses, costs or damages suffered or incurred by the Guest as a result of failure to perform or breach by the Owner of his obligations under this agreement including but not limited to consequential loss, economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.

 

8. Booking Conditions

8.1 Upon receipt of the booking confirmation email, please check the details to make sure they are correct. The Guest shall notify the Owner of any errors or changes required without delay. The Owner reserves the right to treat a change of holiday dates that is made at the request of the Guest as a cancellation of one holiday and the booking of another, in which case condition 5 above will apply.

 

9. Number of People using the Holiday Accommodation and Make-up of Group

9.1 The number of members and make-up of the Guest’s group (names and ages of adults and children) renting the Property shall be as specified on the booking form. Any changes must be agreed in writing by the Guest in advance of the arrival date and may be refused by the Owner at their sole discretion. If on arrival at the Property, the number of members or make up of the Guest’s group differs from the booking form the Owner may revoke the booking. The number of people using the Property shall not exceed 11 and the number of adults over 18 shall not exceed 8. An infant counts as a person. In the event that the maximum is exceeded without the Owner’s consent, the Owner may revoke the booking. The property may not be sub-let. The Guest acknowledges that the property is let on a short-term basis and accordingly that the Guest has no security of tenure. For the avoidance of doubt, this contract does not constitute an assured tenancy agreement.

‘Stag’ or ‘hen’ weekend or similar bookings will not be accepted, and the Owner reserves the right to revoke bookings where it transpires that the purpose is actually a stag or hen weekend. Parties and reunions that are likely to cause noise, damage or nuisance to the Property or neighbouring properties are also prohibited. Lower Mill is very much a family environment. Please therefore be very considerate to your neighbours to ensure an enjoyable environment for all.

Any revocation of contract by the Owner for a reason specified in this condition 9.1 or 10.1 shall be treated as a cancellation by the Guest and condition 5 will apply. The Owner shall have no liability to the Guest for such revocation.

 

9.2 The Guest shall at all times be responsible for the security of the property and for ensuring that no persons other than members of the Guest’s party, the Owner or the Owner’s authorised representative be allowed access to the property during the period it is let to the Guest. The Guest shall ensure that no person other than those listed on the booking form shall stay overnight in the Property. No persons under the age of 18 shall be left in the Property overnight without a responsible adult member of the Guest’s group being present. The Guest shall return all keys at the end of their stay and shall not disclose any security or alarm codes to any person (and shall ensure that members of their party shall not do so).

 

10. Damage to Property

10.1 The Owner reserves the right to refuse to hand over the property or to repossess the Property and in either case to revoke the contract where in the reasonable opinion of the Owner it is likely that damage to the property or material breaches of the Estate Rules will be caused or have been caused by the Guest or any member of the Guest’s party.

 

10.2 The estate security guard will inform the Guest of breaches of the Estate Rules, request that they comply with Estate Rules and warn the Guest of the consequences of further breaches. The estate security guard is empowered to re-possess the property if the Guest’s party fails to obey his requests to follow Estate Rules. In particular but without limitation, the Guest should ensure that his or her party do not disturb other residents or wildlife, do not cause damage to the Property or Lower Mill Estate and strictly adhere to the estate speed limit of 10 mph. Please remember that the estate is designed to be a peaceful and relaxing place for all its residents.

 

10.3 In the event of a failure by the Guest’s group to comply with the first request of the estate security guard, the Owner may charge the Guests’ credit or debit card up to £250.00 as compensation for damage caused to the reputation of the Owner and their business. The funds may be used to compensate those affected by the Guest’s group. No refund or compensation will be paid to the Guest if the Property is repossessed by the estate security guard.

 

11. Access

11.1 The Owner or his/her representative shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy to make repairs or to inspect the property.

 

12. Arrival and Departure

12.1 The normal time of occupation is after 16:00 on the holiday start date and the holiday accommodation must be vacated by 10:00 on the last day.

 

13. Smoking or Vaping and Fire Safety

13.1 Smoking or vaping is not allowed in the Property. The Owner has the right to re-possess the property at any time if this condition is broken and in this event the holiday will have deemed to be cancelled by the Guest and condition 5 shall apply.

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13.2 Removal of fire-fighting or fire safety equipment is forbidden and a criminal offence. Emergency torches removed from the house will be charged at £50 per torch to the Guests’ credit or debit card.

 

14. Guest’s Responsibilities

14.1 The Guest shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair, cleanliness and condition and in the same place as at the commencement of the holiday. The Guest shall be liable to the Owner for any loss, costs, expenses and claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act or omission of the Guest or of any person in his/her party. If as a result of such damage, the property or any of its contents need to be repaired or any of its contents need to be cleaned or replaced the Guest shall be responsible for paying the reasonable costs of doing so.

 

15. Use of Spa and other Estate Facilities

15.1 Solely at their own risk, the Guest and party may use the Spa and other estate facilities during their opening hours, provided that at all times the relevant Estate Rules are complied with. Two Spa entry cards will be provided for the use of the Guest’s group and these must be returned to the Property at the end of the stay. The cost (£25 each) of replacing any lost or missing entry cards will be charged to the Guests’ credit or debit card.

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Whilst access to the Spa is free to the Guest and party, any treatments (massages, beauty treatments etc) must be paid for direct to the Spa. Only persons staying at the Property may use the Spa and other members of the public may not be invited to use the Spa by the Guest or any member of the Guest’s group.

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The Spa and other estate facilities are communal facilities provided by the Lower Mill Estate, not by the Owner. No charge is made by the Owner for the Guest’s group’s use of the Spa or other estate facilities and no insurance is held by the Owner in respect of the use of the Spa by Guests. The Guest and group therefore agree that the Owner shall have no liability whatsoever for any loss or injury incurred by them whilst using the Spa, which will be a matter solely between the Guest’s group and the Lower Mill Estate. The Owner does not control the opening hours of the Spa or other estate facilities, which may be periodically closed for maintenance during the Guests’ stay. In such event, the Owner shall use reasonable endeavours to notify the Guest of any Spa or other estate facilities closure that has been brought to the Owner’s attention by the Lower Mill Estate but shall not be responsible to the Guests for the Guests’ inability to use the Spa or other estate facilities.

 

16. Pets

16.1 One, well trained dog is allowed at the property. No other kinds of pets are permitted.

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16.2 You must specify if you wish to bring a dog with you at the point of booking.

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16.3 Dogs are strictly not allowed on the beds. You are welcome to invite your dog onto the sofa but please protect the fabric with a clean dog towel from home. If excessive pet hair is found on the soft furnishings we reserve the right to charge for any additional cleaning required.

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16.4 You may be required to vacate the property if, after being warned that your dog is causing a nuisance, you continue to fail to control it. In such circumstance, no refund will be payable to you for the unexpired part of your stay.

 

17. Candles

17.1 Due to the high fire risk, the use of candles or tea lights is not permitted anywhere in the Property including the wooden decking at the back.

 

18. BBQ

18.1 If a BBQ is present at the property, you are welcome to use it but you must not allow anything hot near the wooden decking areas and you must remember to turn the gas off when you have finished cooking.

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18.2 The BBQ must be left clean at the end of your stay or a £25 cleaning fee will be charged to your credit or debit card.

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19. Complaints

19.1 In the unlikely event that the Guest is disappointed with the holiday accommodation, the Guest should first contact the Guest Relations Manager who will use all reasonable endeavours to solve the problem while the Guest is on holiday. If after that the Guest still feels that the problem has not been resolved to his/her satisfaction then the Guest must within seven days of returning from holiday, put his/her comment in writing to the Owner.

 

20. Death or Personal Injury

20.1 The Owner shall not be responsible for the death or personal injury to the Guest or any member of the Guest’s party save insofar as this result from proven negligence of the Owner.

 

21. Force Majeure

21.1 The Owner shall not be liable for the inability of the Guests to use the Property or any loss, breach or delay suffered by the Guests due to any cause beyond the Owner’s reasonable control including though not limited to act of God, explosion, utility failure heating or other mechanical breakdown, flood, tempest, war or threat of war, sabotage, terrorist act, health issue (including COVID-19 or other infectious disease or illness) insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, embargos, strikes, lock-outs, or other Industrial Actions or Disputes. In any such event the Owner shall be entitled to treat the contract as discharged.

 

22. Law of the Contract and Jurisdiction

22.1 English law shall apply to all contractual obligations arising out of these bookings, which shall be deemed to have come into existence in Somerford Keynes, Gloucestershire, England.

 

22.2 The Guest and the Owner hereby irrevocably agree that the contractual obligations referred to in 22.1 above and any dispute or claim arising from such contractual obligations or their formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

23. Headings

23.1 These conditions shall be read and considered without reference to their headings, which are included for convenience only.