All bookings made through the Pots & Pans Cottage website http://www.potsandpanscottage.com are subject to this booking contract. This booking contract and the confirmation email contain the entire agreement between Pots & Pans Cottage (Cliff Lonsdale) and you and forms the basis of your agreement with us so please read them carefully. Nothing in this booking contract affects your usual statutory rights.
All payments for a booking made through the above-named website can be processed through one of three ways:
1.PayPal (UK) Limited, which is registered in England and Wales under company number 05468033 and has its registered office at 5 New Street Square, London, EC4A 3TW, UK.
PayPal UK has been selected as a payment portal due to its ease of use and guarantee of security. If you do not have a PayPal account then no registration or login is required, and bank details can easily, quickly and safely be inputted.
2.Stripe, which is an American technology company based in San Francisco, California. Its software allows individuals and businesses to make and receive payments made by debit and credit cards safely over the internet. They are registered at 510 Townsend Street, San Francisco, CA 94103, USA.
Stripe has been selected as a payment portal due to its ease of use and guarantee of security. Stripe provides the technical, fraud prevention, and banking infrastructure required to operate online payment systems.
3.Direct bank transfer to my personal bank account.
Direct debit has been selected as a payment option for guests unhappy to use online payment systems.
Guests are not charged a booking fee for bookings made through the Pots & Pans website (unlike Airbnb and trip Advisor) however a 3% transaction charge is added if paying by PayPal, debit or credit card, no charge is added if paying by bank transfer.
Bookings made through Airbnb and Trip Advisor will only adhere to the booking conditions set out by those companies, payments will be also made using their own respective methods. This contract is not valid for bookings made by any other method other than through http://www.potsandpanscottage.com
1. Making your Booking
The process for making a booking at Pots & Pans cottage is as follows:
1.1. A web form is completed with the booking enquiry and submitted for approval.
1.2. If the booking can be accepted then an email will be sent to you with a quote, and a request to make either an initial deposit payment or full payment (depending on the booking).
1.3. For bookings made more than 8-weeks in advance, the initial deposit required will be equal to 50% of the total amount payable.
1.4. For bookings made less than 8-weeks in advance, full payment will be required immediately.
1.5. Once the required payment has been received the booking will be fully confirmed, and a confirmation email will be sent.
Please check the email carefully to ensure that the details of the booking are accurate, including check-in, check out, and the number of days and total cost. Please contact us immediately should you spot any errors.
2. Paying for your Booking
2.1. Payment to secure the booking (either deposit or full amount depending on the booking) must be made within 48 hours of the initial booking. If payment is not received then the booking will be cancelled. Full payment of any outstanding balance must be made no later than 8-weeks before the commencement of the booking.
2.2. In the event that the booking is made less than 8-weeks before the commencement of the booking, full payment must be made immediately to confirm the booking.
2.3. If you do not make the full payment by the due date given to you, a reminder will be sent by email. If you fail to make the full payment within two weeks of the due date it will be assumed that you have cancelled your booking and the cancellation policy will apply (3.6).
2.4. An additional £20 cleaning fee will be added to the rental cost if you are bringing a dog.
2.5. No bookings fees are applied to bookings made through http://www.potsandpanscottage.com, however a 3% transaction charge is added to payments made by Paypal, debit or credit card. No charges are made for bank transfers.
2.6. No charges are made for cleaning fees (unless you are bringing a dog see 2.4).
2.7. No additional charges are made for the provision of linen, towels, gas, electricity, wifi, parking etc.
3. Booking Cancellation or Amendment
3.1. If you need to cancel your booking please let us know as soon as possible either by email (email@example.com) or by communicating through the contact page on http://www.potsandpanscottage.com. Any refunds due to you will be arranged in accordance with the agreed cancellation policy (3.6) based on the date the cancellation was received.
3.2. If you need to amend your dates of your booking, please be aware that the cottage may not be available on an alternative date. Any refunds due to you will be arranged in accordance with the agreed cancellation policy (3.6) based on the date the amendment was received.
3.3. If you do not make the full payment by the due date given to you a reminder will be sent by email. If you fail to make the full payment within two weeks of the due date it will be assumed that you have cancelled your booking and the cancellation policy will apply (3.6).
3.4. If you do not arrive at the cottage within 24-hours of your expected arrival time without notifying us, then your booking may be assumed to have been cancelled by you and the cancellation policy (3.6) shall apply.
3.5. In the unlikely event that we have to cancel or amend your booking, we will inform you as soon as is possible. We will refund all relevant fees paid related to the cancellation or change of dates. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
3.6. If you cancel your booking, the closer your cancellation is to the start date of your booking, the less likely we are to recover the cost of your booking by re-selling your accommodation. Our cancellation charges, therefore, increase as your start date approaches.
For bookings of up to 2 weeks:
- A 100% refund of payments received will be given for cancellations made within 48 hours of booking.
- A 70% refund of payments received will be given for cancellations made up to 6 weeks before check-in.
- A 50% refund of payments received will be given for cancellations made 6 to 2 weeks before check-in.
- No refund will be given for cancellations made less than 2 weeks before check-in.
For bookings of 2 weeks and over:
- A 100% refund of payments received will be given for cancellations made within 48 hours of booking.
- A 70% refund of payments received will be given for cancellations made up to 8 weeks before check-in.
- A 50% refund of payments received will be given for cancellations made 8 – 4 weeks before check-in.
- No refund will be given for cancellations made less than 4 weeks before check-in.
4. The Cottage
4.1. You are free to arrive at any time after 3.00 pm on the first date of your booking unless otherwise advised. The key for the front door can be accessed via locked key box and the code will be provided to you no later than 24-hours prior to your arrival. You must vacate the cottage no later than 11:00 am on the day of departure unless otherwise advised.
4.2. If your arrival will be delayed, you must contact us so that alternative arrangements can be made if necessary. If you fail to do so you may not be able to gain access to the property. If you fail to arrive by midday on the day after the arrival date and you do not advise us of your anticipated late arrival we may treat the booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us. Please see the cancellation policy (3.6) for further details.
4.3. Depending on other bookings, early check-in and late check-out can be arranged, however, this is subject to availability and cannot be guaranteed. We will try to be as flexible as possible, please contact us if you require an early check-in or late check-out.
4.4. The cottage is rented to you as temporary holiday accommodation within the meaning of Schedule 1, paragraph 9 of the Housing Act 1998. Your booking is made as a temporary guest for the purpose of a holiday and you acknowledge you have no security of tenure, and that as a Holiday Let, this booking contract is an excluded agreement for the purpose of the Protection from Eviction Act 1977.
4.5. You will be provided with an information pack prior to your arrival at the cottage that contains important information about your stay with us. Please ensure that you and your party read the welcome pack carefully prior to your arrival. You must also ensure that you and your party familiarise yourselves with the layout of the accommodation and the location of the fire exits, more information on this is provided in the cottage manual, in the cottage.
5. Your Obligations and Restrictions of Use
5.1. You agree to comply with the regulations and ensure that they are observed by all members of your party, as set out in the Pots & Pans Cottage information pack, a link to which will be emailed to you upon payment of full outstanding balance, and the Pots & Pans Cottage manual which is available at the cottage, and any other regulations reasonably specified by us.
5.2. You agree that the use of the cottage is for residential purposes and only for the purpose of a holiday let. You will not undertake or carry out of a trade or business, or any unlawful, questionable or immoral activities.
5.3. You agree not to use the cottage to store any dangerous or hazardous material or substance, or any item of a flammable or explosive nature which might unreasonably increase the risk of fire or explosion on or around the cottage and which would be considered hazardous by a responsible insurance company.
5.4. You agree to keep and leave the cottage and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition at the end of the Holiday Let, i.e. in the same condition as you found it upon taking possession.
5.5. You agree to inform us immediately of any breakages, or problems with the cottage.
5.6. You agree to allow us or any representative of ours access to the cottage at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this booking contract.
5.7. You agree not to sublet the cottage without the prior written consent of the owner.
5.8. You agree not to exceed the maximum number of persons occupying the cottage (4), or allow more people to stay in the cottage than expressly authorised, nor can you significantly change the makeup of the party during your stay in the cottage. You agree not to bring additional beds to the cottage unless with prior approval.
5.9. Dogs are permitted at the cottage; however, you must inform us at the time of booking if you wish to bring a dog to the cottage. You can find more information about our dogs policy in the information pack made available to you after booking. Assistance dogs are permitted at the cottage; however, you must notify us at the time of booking if you wish to bring an assistance dog with you. If you bring your pet into the cottage without advance permission. We can refuse to hand over the cottage to you or can require you to leave it.
5.10. You agree not to cause any damage to the walls, doors, windows or any other part of the cottage nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
5.11. You agree to not hold parties or loud events at the cottage and that noise is kept to a minimum in the evenings as not to disturb neighbours in the community.
5.12. You agree not to allow smoking in the cottage.
5.13. You agree to maintain the cottage in good condition during the term of the Holiday Let. You agree to keep the property clean and ventilated and in cold weather will take reasonable steps to ensure that pipes do not freeze.
5.14. You agree to comply with the instructions found in the welcome pack regarding the use of the wood burner, particularly regarding the appropriate fuel to use for your safety.
5.15. You agree to be responsible for keeping drains, waste pipes, baths, sinks, and lavatories free from blockages and shall take care not to dispose of any immiscible or damaging substances such as oil and grease via the drains or waste pipes.
5.16. You agree to park only in the designated parking space, and do not park in any of the neighbour’s’ spaces (this is indicated in the information pack sent to you).
5.17. We will treat any of these circumstances as a cancellation of the booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
6. Responsibility for Security, Loss and Damage
6.1. You agree to take all necessary steps to safeguard your personal property while at the cottage.
6.2. The cottage owner makes no guarantee as to the security of the cottage and you acknowledge that where you store any personal possessions in the cottage, which includes any vehicles which you park in the allocated parking space, you do so at your own risk. The cottage owner shall not be liable for any loss or damage howsoever caused to your personal possessions, except where the loss or damage is caused by the cottage owner’s own negligence.
6.3. You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
6.4. The cottage owner shall take out appropriate and adequate buildings insurance to protect the cottage against flood, fire, subsidence, storms, malicious damage and all other usual forms of insurable risks.
6.5. The cottage owner shall take out appropriate insurance to cover any fixtures, fittings or appliances which belong to him and which are let with the cottage.
6.6. If you discover that anything is missing or damaged on arrival at your accommodation you must notify us immediately by email (firstname.lastname@example.org). If you do not notify us we will assume that you caused the relevant damage or loss.
6.7. You will be responsible for the cost of any accidental damage you or your party cause to the property or its contents in excess of £250. So, for example, if you cause accidental damage of £750, you will need to pay us £500.
6.8. You will be responsible for 100% of the cost of any non-accidental damage you or your party cause to the property or its contents. Any loss or damage caused by your failure to meet the requirements set out in these terms and conditions or in your welcome pack will be considered non-accidental damage.
7.1. Every effort has been made to ensure that you have an enjoyable and memorable time at Pots & Pans Cottage. If, however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
7.2. It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the cottage will usually enable any shortcomings to be rectified straight away. In particular, complaints of a transient nature (for example, regarding preparation or heating of the cottage) cannot possibly be investigated unless registered whilst you are in residence at the cottage.
7.3. If any complaint cannot be resolved during your holiday, you must email us at email@example.com with full details of your complaint within 28 days of the end of your booking.
8. Limit of Liability
8.1. Our maximum liability for losses you suffer as a result of us acting in breach of this booking contract is strictly limited to the amounts received by us in relation to your booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this booking contract. Losses are foreseeable where they could be contemplated by you and us at the time your booking is confirmed by us.
8.2. Your booking is made as a guest for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
8.3. For the avoidance of doubt, we shall not be liable to you or responsible for:
- Any issue between you and us regarding the booking.
- Any failure in relation to any payments due to the failure of a payment solution provided by a third party.
- The rejection of any payment of yours by a third-party payment solution provider.
8.4. This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
9.1. You may not transfer your booking or any rights and responsibilities under this booking contract to any other person, without our prior written consent.
9.2. If at any time any part of this booking contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
9.3. This booking contract, together with the cancellation policy and our confirmation email contain the entire agreement between us and you relating to the booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this booking contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this booking contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this booking contract.
9.4. We will not be responsible for any failure to perform our obligations under these terms and conditions that is caused by an event outside our control.
9.5. An event outside our control means any act or event that is beyond our reasonable control, including, without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private telecommunications networks.
10. Data Protection
10.1. We may communicate with you by email about your booking and your experience with us.
10.2. We will not share your details with any other third party.
10.3. If you wish to alter the way we communicate to you at any time please send an email to firstname.lastname@example.org
11. Law and Jurisdiction
11.1. This booking contract (including any non-contractual obligations arising under or in relation to this booking contract) between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issues which arises between us will be exclusively dealt with by the courts of England and Wales.