Terms & Conditions
BOOKING TERMS & CONDITIONS FOR FLEAR FARM COTTAGES
CONTRACT
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.
The Contract for your short-term holiday rental will be between the owners of Flear Farm Cottages (Midway Leisure Ltd, hereafter referred to as “us” or “we”) and the person making the booking and all members of the holiday party (hereafter referred to as “you” or “your”) under the following booking conditions. English law will govern the Contract.
The contract of hire is provisional until we have received your deposit and confirmed your booking by email. The contract will be subject to all these booking terms conditions, and must be complied with.
The party leader must be at least 18 years of age at the time of booking and the booking form must list the party leaders name and address and age, as well as the number of accompanying adults, infants and children and their approximate ages.
BOOKINGS, DEPOSIT & PAYMENT
Bookings can be made by using our website booking system or by email and telephone. Upon acceptance of your booking we ask for an initial deposit of 25% of the holiday cost. Upon receipt of the deposit written confirmation will be sent with a summary of your booking. A final invoice will be sent to you approximately two months before the start of your holiday and the final balance is payable within 7 days of receipt of this invoice. We reserve the right to cancel a holiday where payment has not been received within one month of your holiday.
Once you have a confirmed booking (i.e. the deposit has been paid and processed), you are responsible for the full rental cost even if you subsequently cancel, unless;
i) the dates of your stay fall in a period of National Lockdown, or Tier restrictions in your/our area, meaning that your/our area are placed in a Tier by Government that has a Do Not Travel restriction.
If the booking is made within two months of the holiday start date, then payment will be due in full immediately.
Telephone and email reservations are held for seven days pending receipt of a deposit.
SHORT BREAKS
During the low season we offer short breaks. Stays of three nights are 60% of the weekly rate. Four nights are 70% of the weekly rate. Five nights are 80% of the weekly rate. And six nights are 90% of the weekly rate. Slightly different rates apply for Flear House and Dairy Cottage. Longer stays are charged pro rata.
CANCELLATION
Cancellations must be immediately notified to us by phone and confirmed in writing.
If your booking arrival date falls during a period of National Lockdown, or your area has been placed in a Tier by Government which has a Do Not Travel restriction for the date of your arrival (all as published by the Government from time to time), please contact us, we will cancel your booking and refund you in full.
For all remaining cancellation situations not mentioned above: if at all possible we will attempt to re-let your booking and if we are successful we will refund you the final letting price (which may be less than you paid). However if we are unable to re-let you remain responsible for the full rental cost and there will be no refund due.
cancellation by you
If you change your mind and would like to cancel your booking, please contact us in writing as soon as possible. Please note that any refund given to you when cancelling your reservation may be subject to deductions, as set out in these terms. If there are 90 days or more before the start of your stay we will refund you in full.
If there are fewer than 90 days before the start of your stay, any refund we give you will be subject to:
any costs we have incurred in administering your booking or making specific arrangements for you (for example, where you have requested certain activities, additional facilities, etc.); and
our ability to find an alternative booking. If we are unable to find an alternative guest for the period of your booking, we will not offer you a refund. If we are able to find an alternative guest for the period of your booking, you will be entitled to a refund equal to the lesser of:
the full cost of your booking, less our administrative charges described above; or
the fee paid by the alternative guest for the accommodation, less our administrative charges described above, and any refund under this clause will be made within 14 days of written confirmation of your cancellation.
3. If there are more than 90 days before the start of your stay, we will offer you a full refund on cancellation, subject to any costs we have incurred in administering your booking or making specific arrangements requested in respect of your booking (for example, where you have requested certain activities, additional facilities, etc.). Any such refund will be made within 14 days of written confirmation of your cancellation.
We will not refund any booking fees paid in the event of your cancellation for a Force Majeure Event (please see definition below). 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 cancelling all or part of your stay with us and any associated costs.
cancellation by us
If our performance is hindered or prevented by a Force Majeure Event (please see definition below), we may, at our sole discretion, offer you:
a full refund; or
alternative holiday dates; or
such other remedy as we consider appropriate with regard to the circumstances.
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 to:
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 licence or consent;
collapse of buildings, fire, explosion or accident;
any labour or trade dispute, strikes, industrial action or lockouts;
non-performance by suppliers or subcontractors; and
interruption or failure of utility service.
We strongly advise that guests take out a travel insurance policy which covers booking cancellations. This is available at very affordable rates, and gives you the peace of mind that you will get your money back if you need to cancel your holiday.
TERMS OF USE
ARRIVAL & DEPARTURE
You may access the property from 15.00 to 17.30 on the day of arrival. We request notification if you are likely to arrive after 17.30. Please note that cottages are to be vacated by 10.00 am on your day of departure. You and your fellow guests are requested to vacate the cottages promptly on departure day. We need this time to ensure that cottages are ready for following guests.
YOUR USE OF THE PROPERTIES
The cottages are for holiday use only and must not be used for any other purpose. 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.
Under no circumstances must the site electrical supply be used for use outside the property, (this includes the charging of Electric Vehicles).
CLEANING
On departure, you are requested to leave the accommodation as you found it, in a clean and tidy condition. This includes washing up, removing rubbish from the cottages and putting in outside bins, ensuring ovens and barbeques are clean and free from grease.
NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated in the brochure and on the website occupy the property, unless by prior arrangement with the owners in which case Z-beds can be made available at a charge of £50.00 per bed. We reserve the right to refuse admittance if this condition is not observed.
LIABILITY
Flear Farm Cottages, its employees and representatives shall not be liable to you or your party for loss or damage to property. Nor shall liability be accepted by us for accident or injury to guests, either within the property or outside, howsoever arising. You must take all necessary steps to safeguard yourselves and your property.
CARE OF THE PROPERTY and KEY & CONDITION DEPOSIT
We ask for a £100.00 ‘Key & Condition’ deposit for each cottage (£200.00 for Orchard Lodge and £300.00 for Flear House). You are responsible for the property and are expected to take care of all furniture, fittings, fixtures, art work and effects, outside and in. You are responsible for taking care of the property and are expected to leave the cottage clean and tidy and in the same condition as at the beginning of your stay. Should the cottage take longer to clean after your departure than the allocated time we will deduct the cost from the deposit.
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.
Smoking is not allowed in any of the properties.
Deposits will be refunded to the credit/debit card from which payment was made, within 10 working days of your departure.
DAMAGES & BREAKAGES
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand and this may be deducted from your security deposit (although we would not charge you for the odd glass or plate). If you lose a key we will replace it and deduct this cost from your deposit.
RIGHT OF ENTRY
We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
COMPLAINTS
Every effort is 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. We are on site, and will do our best to resolve any problem. This is easier to do before your leave.
PETS
We only allow well behaved dogs, and only when have they been booked in and paid for. (£25 per dog, per stay, per cottage. Maximum two dogs per cottage). In order to maintain the cottages for everyone to enjoy, it is necessary that guests bringing dog(s) agree to abide by the dog rules on our website. We reserve the right to refuse admittance if these conditions are not observed.
SWIMMING POOL & HOT TUB SAFETY
Before you can fully enjoy your stay at Flear Farm, we have to ask for your serious attention for the following “do’s and don’ts” (POOL SAFETY CODE based on Health and Safety regulations) concerning the use of our swimming pool.
OUR POOL/HOT TUB IS NOT SUPERVISED:
It is therefore your responsibility to make sure that any use by you and your family is according to our Safety Code.
An adult MUST accompany children under 15 years and non-swimmers.
SPOT THE DANGERS:
Take care; swimming pools/Hot tubs can be hazardous.
Water presents a risk of drowning and injuries can occur from hitting the hard surrounds or from misuse of the equipment.
ALWAYS SWIM WITHIN YOUR ABILITY:
Never swim or use the Hot tub after a heavy meal or after alcohol.
Avoid holding your breath and swimming long distances under water.
Be particularly careful if you have a medical condition such as Epilepsy, Asthma, Diabetes or a Heart condition.
BE FAMILIAR WITH THE POOL/HOT TUB:
Every pool is different, so always make sure you know how deep the water is and where the emergency equipment and alarms are situated.
TAKE SAFETY ADVICE:
Avoid unruly behaviour, which can be dangerous. For instance, running on the side of the pool, ducking, acrobatics in the water, shouting or screaming (this can distract attention from an emergency). Remember: a moment of foolish behaviour can cost a life.
Always swim with a companion, and keep an eye out for yourself and other swimmers.
IT IS PROHIBITED TO:
Dive
Swim alone
Bring food, drink or glassware to the pool/hot tub.
PLEASE REALISE THAT:
Our pool/Hot Tub is not supervised
Our pool is deeper than 1.50M
The following hazards / risks are factors in serious pool/Hot tub accidents:
No Supervision
Prior health problems
Alcohol or food before swimming
Youth and inexperience
Weak or non-swimmers straying out of their depth
Diving, running, unruly behaviour
Prolonged use of the Hot tub
IF A SERIOUS ACCIDENT HAPPENS:
Stabilise patient and give immediate first Aid
Raise Alarm
Notify emergency services (there is an emergency telephone on the shallow-end wall in the pool room, check for a dialling tone then dial 9 for an outside line and then dial 999.
GENERAL:
Always shut the gate on entering/leaving the Hot tub/Pool area.
The surface around the pool can become wet and slippery (therefore do not run in the pool area)
Be aware that chemicals in the pool/Hot tub may be damaging to chemically treated hair and dyed fabrics.
The use of inflatables can cause danger to your own family and other users of the pool. Should there be more than 5 young children in the pool, it is forbidden to use them. Please always remove the inflatables, including floats and “noodles” from the water when you leave the pool.
All towels and clothing should be kept in the changing rooms to avoid your fellow guests from tripping over them and injuring themselves.
You can only supervise a limited number of children, please do not over-estimate yourself!
Last but not least: legally we are not allowed to have more than 35 people in the pool at any one time – to our knowledge this has never happened, but if you think that the pool is over-crowded please come back after half an hour.
Please Help Us To Keep Flear a Safe Place.
Thank you for your cooperation