GENERAL TERMS & CONDITIONS FOR 2023/24
Booking Terms & Conditions
Please note – When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by post or email.
1. Contract
The Contract is for a short-term holiday rental of one of the properties at Ashburtons Luxury Lets known as either, The Meeting House, ‘The School House,’ or “The Upper School House” also known as ‘the property’ and is between:
- Adrian Ager (the “Owner”) as owner of the above-mentioned properties at Ashburtons Luxury Lets (referred to as “us” or “we”) and
- the party leader making the booking (referred to as “the Party Leader”, “you” or “your”) (each a “party” and together the “parties”).
The Contract comprises the booking conditions set out in: (i) These terms and conditions (the “Booking Terms”) (ii) Your Booking Form (“Booking Form”) (iii) Our written confirmation of the Booking (for the avoidance of doubt, the “Booking Summary” generated when you submit your booking online does not constitute such confirmation).
In the event of a conflict between the Booking Terms and the Booking Form, the Booking Terms shall prevail except where the Booking Form is expressly stated to take precedence.
The Contract is not effective until we have received and processed the deposit. The Party Leader must be at least 18 years of age at the time of booking, and the Booking Form must list names, addresses, and ages of your party.
2. Payment
Bookings are confirmed on receipt of the booking form and receiving the deposit of 25% of the cost of rental for the property for the period set out in the Booking Form (the “Deposit,” the Rental Charge” and “Rental Period”).
The balance of the Rental Charge will be due for payment NO LATER THAN 30 DAYS before the commencement of the Rental Period (the “Rental Commencement Date”).
We reserve the right to cancel a booking where payment has not been received at least 30 days before the Rental Commencement Date. If the booking is made within 30 days of the Rental Commencement Date, then payment will be due in full upon booking.
3. Cancellation by You
You may cancel your Booking if you provide us with prior notice in writing. Where you cancel your Booking in accordance with this clause, you remain liable for the full Rental Charge, subject to the remaining provisions of this clause.
Where you cancel 30 days or more before the Rental Commencement Date, we agree that you shall not be obliged to pay any balance of the Rental Charge remaining unpaid. If you have already paid the full Rental Charge, we shall refund an amount equal to the Rental Charge less the Deposit. If we re-book the property at Ashburton Luxury Lets for an amount no less than the Rental Charge, we will return all of your Deposit. If we are unable to re-book for the same or more than the Rental Charge but do re-book the property for a lower amount than the Rental Charge, we will not be obliged to return your Deposit but we may, in our absolute discretion, choose to refund a part of it.
Where you cancel fewer than 30 days before the Rental Commencement Date, you shall remain liable to pay the full Rental Charge, with the balance exceeding the Deposit being paid on the same terms as would have been payable but for the cancellation (being no later than 30 days before the Rental Commencement Date). If we re-book ‘the property’ for an amount no less than the Rental Charge, you shall not be liable to pay any further monies due, and we will refund your Deposit (and any other part of the Rental Charge that you may have paid). If we are unable to re-book for the same or more than the Rental Charge but do re-book ‘The Property’ for a lower amount than the Rental Charge but at least the amount of the Deposit, you shall not be liable to pay the balance of the Rental Charge but we will not be obliged to return your Deposit, although we may, in our absolute discretion, choose to refund a part of it.
Any refund due in accordance with this clause shall be made by BACS within 14 days of later of you giving your notice and you providing us with your bank details to return such monies.
It is your responsibility to ensure that you have adequate insurance in place to cover any loss or damage that you may suffer as a result of canceling all or part of your stay with us and any associated costs.
4. Cancellation by Us
If we have to cancel your Booking due to a Force Majeure Event (as defined below), we may, at our sole discretion, offer you a full refund; or alternative holiday dates.
In this contract, a “Force Majeure Event” means any of the following circumstances which may hinder or prevent the performance of the Contract, including but not limited acts of God, flood, drought, earthquake, or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary license or consent; collapse of buildings, fire, explosion, or accident; any labor or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service.
If we have to terminate your holiday during the Rental Period, for the above reasons, we will refund you a proportion of the Rental Charge pro rata to reflect the time remaining of the booking. This will be the full extent of the liability of the Owners. No additional compensation, expenses, or costs will be payable.
5. Period of Hire
You should not arrive before 4pm on the commencement date and leave by 10am on the day of departure. Failure to do so may 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.
6. Number of Persons Using the Property
Under no circumstances may more than the maximum number of persons stated on the website occupy the property. 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 at Ashburtons Luxury Lets.
7. Liability
Ashburtons Luxury Lets and its representatives shall not be liable to you or your party for loss or damage to property however arising. You must take all necessary steps to safeguard yourselves and your property.
8. 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 a reasonable clean and tidy condition at the end of the rental period as at the beginning. This includes washing-up, placing rubbish in bin liners, and putting in outside bins, ensuring ovens and barbecue are clean and free from grease. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal, or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighboring properties. Smoking is not allowed in any of the properties. Any damages will have to be paid for in full within seven days of notification. We recommend that you have insurance in place to cover this.
9. Damages & Breakages
You are responsible for any damages, losses, costs, or expenses caused by you or any member of your party to the property or its contents during your stay. You are legally bound to reimburse us for replacement, repair, or extra cleaning costs on demand.
10. WiFi
Wi-Fi is provided for the guest’s reasonable use. The guest agrees to reasonable and lawful usage of this service.
11. Right of Entry
The contract grants you a license to enjoy the property, but we shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
12. Complaints
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you to return.
13. Drones and Fireworks
The use of drones is not allowed without our express written permission. Fireworks are not allowed without our express written permission.
14. Pets
No pets may be brought to Ashburtons Luxury Lets without permission in writing of the Owner, the payment of the agreed fee, and your agreement to abide by the “Dog Rules” as set out below:
- We only allow dogs, no other kinds of pets. Dogs have to be booked in and paid for. (£25 per dog, per stay/per property entered). Two dogs are allowed in The Meeting House, one dog the School House, and one dog in the Upper School House. We will consider other options upon your request.
- When you bring a muddy dog back from a walk, please clean them off using the outside taps or the colored canine towels provided. On no account use the white towels provided for human use.
- Your dog(s) must not be left alone with free run of the property. If you have a puppy please take extra care. They will chew the furniture or soft furnishings.
- Please thoroughly clean the cottage, including dog hair from rugs, before you leave; if properties require additional cleaning we will charge a £50 fee to cover the cost.
In the event that any member of your party brings any animal without prior consent, or fails, at any point during your stay to comply with the Dog Rules persistently or in a material way, we reserve the right to immediately terminate the Contract and require you to leave the property without any refund.
15. Further Legal Details
Any notices shall be in writing and deemed to be given if sent by first class post to:
- In the case of the Owner, to Great Hall, 38 North Street, Ashburton, Devon, TQ13 7QD or by email to welcome@ashburtonsluxurylets.com
- In the case of the Party Leader, to the postal address and email provided on the Booking Form.
The Contract shall be governed by the law of England and Wales, and the parties subject to the exclusive jurisdiction of the English courts.
No failure or delay on the part of the Owner to exercise any rights or remedy under the Contract shall be construed or operate as a waiver of such rights or remedy. Further, any rights or remedies are cumulative and not exclusive to any rights or remedies provided by law.
Any provision of the Contract which is held to be illegal, invalid, unenforceable, or unreasonable whether in whole or in part shall, to the extent necessary be deemed severable, and the other provisions of the Contract shall remain unaffected.
The Party Leader shall not be entitled to assign or transfer the benefit of the Contract or any part of it without the Owner’s prior written consent. The Owner may assign the Contract or any part of it to any person, partnership, or company.
The Contract shall not be amended, modified, or otherwise varied other than in writing and any such amendment, modification, or variation shall only be effective to the extent that it is expressly stated to be a modification of the Contract.
16. Privacy
We are committed to ensuring the best standards of practice in all our activities. Visitors to our website can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held, and used in strict compliance with the data protection laws which apply in the UK.
17. Information Collected
We do not collect any personal information from visitors to our website other than information that is knowingly and voluntarily given. Anonymous information is collected, such as the number of visitors to the website in a given period or details of properties and dates selected for online bookings, but it is purely statistical and cannot be used to identify an individual user. Cookies are not used to collect any other information from visitors to the website. Visitors interested in requesting more information can provide contact details via a fill-in form. Visitors cannot be contacted unless such information is given. Visitors are also invited to give additional company information but a decision not to do so does not affect any subsequent negotiations or discussions.
18. Use of Information
The information collected may be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent. We treat any data collected during the course of making bookings or dealing with inquiries in strict confidence. Your data will never be sold. By accepting these terms and conditions you are indicating your consent to receiving these communications from us unless you let us know otherwise, which you can do at the point of booking by ticking the Marketing Notes box in the extras section. If at any time you would like your details removed from this list, all you need to do is to click the unsubscribe link on any of the emails or contact us by email or letter, and we will arrange for you to be removed from the database.
19. Third Party Disclosure
We will NEVER pass any personal information on to any third party without your consent.
20. Data Security
We take appropriate measures to safeguard the information we hold from unauthorized access or improper use. Our database is stored in a secure, password-protected location. Only users authorized by us have access to this data.
21. Children
Our website is not targeted at children but in any event, personal information will not knowingly be collected from children under fourteen years without parental consent.
22. Enforcement
Any queries relating to our collection or use of personal information should be sent to our email address.
We are committed to ensuring the best standards of practice in all our activities. Visitors to our website can be assured that the protection of privacy and confidentiality is given the highest priority.
Contact us: Telephone: 01364 653189 Mobile tel: 07768398173 Email: welcome@ashburtonsluxurylets.com Address: Great Hall, 38 North Street, Ashburton, TQ13 7QD
