Koru Terms and Conditions
Definitions and Interpretation
Definitions
In these terms and conditions the following terms have the following meanings:
‘You’ and ‘your’ means all the persons named in your booking either on your booking form or by a telephone booking with us. It also includes anyone who is added or substituted at a later date.
‘We’, ‘us’ and ’our’ means Caroline and Jon Lienard of Ponteland, Newcastle upon Tyne.
‘Agreement’ means the agreement between you and us for the holiday rental of Koru cottage on these terms and conditions.
‘Cottage’ and ‘property’ means Koru cottage.
Interpretation
Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa, and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
Initial Information
Before booking Koru cottage we recommend that you read these Terms and Conditions carefully and retain them for future reference.
If you have any questions, please contact Caroline on 07776 270749 or email korucottage@btinternet.com.
We will normally communicate with you by telephone or by sending any confirmation, notices, documentation and any other messages to the e-mail address you have given us. Please ensure that we have a valid telephone number to contact you on regarding your enquiry/booking and during your stay at the cottage.
Website information
We take reasonable care to ensure that the information, including prices and availability on our website are correct at the time of publication, however, sometimes errors or omissions can occur. If errors have been made we will contact you as soon as possible to correct pricings and/or arrange alternative dates.
Bookings
We have an online booking system for your convenience so that you can check availability and book easily, however, if you do not see what you are looking for, please contact us.
All bookings depend upon Koru cottage being available. Bookings will only be accepted from a person aged at least 18 years old at the date of booking. When booking you will be asked to pay a £100 deposit (see payment options below) if your booking is more than 6 weeks in advance, with the full balance due no later than 6 weeks before your arrival. If you are booking within 6 weeks, the full balance will be due and payable at the time of booking.
Acceptance of your booking takes place when we notify you that we have received your deposit (or full payment if your required dates are within 6 weeks of the date of your booking). Until such time, your booking may be declined, in which case we will notify you and provide you with a full refund.
If you need to change the date of your booking, this may be possible provided that as much notice as possible is given to us. Please provide notice in writing. Our cancellation charges, as set out below will apply if we are unable to re-let the property for the date originally booked.
Payment
Payment may be made by either Paypal, BACS (direct bank credit to the Koru Cottage bank account through internet banking or from your bank) or by cheque (Made payable to Caroline Lienard). Once the BACS payment is received into the Koru bank account or the cheque has cleared, we will notify you and confirm your deposit/payment and booking.
Cancellation and refunds
If you need to cancel your booking you must give us notice in writing as soon as possible. If we receive written notice from you more than 6 weeks before your date of arrival, we will try to re-let the cottage and if successful, your deposit will be fully refunded. If we are unable to re-let the cottage your deposit payment will be not be refunded.
If you need to cancel your booking within 2 to 6 weeks before your date of arrival, (and after full payment has been received), we will try to re-let the cottage. If we are able to do this you will receive a full refund. If we are unable to re-let the property you will receive a 50% refund.
If you cancel your booking within 2 weeks of your date of arrival and we are unable to re-let the property, you will receive a 25% refund.
In the unfortunate event that we have to cancel or to make changes to your booking (for example due to circumstances beyond our control or if the property is suffering from damage that requires immediate repair or the property is no longer available for rental), we will refund your payment in full and attempt to find you an alternative property from local suppliers. In such circumstances we will not otherwise be liable to you for any additional loss howsoever caused by such alteration or cancellation of your booking.
We recommend that you obtain holiday cancellation insurance. This does not form part of your booking and is not included in the price of the booking.
The price includes all bed linen, towels and charges for water, electricity and gas. You do not pay extra for electricity or gas provided that you comply with the reasonable use of the appliances and services at the cottage. Misuse may result in an additional charge being made to you. Any additional services are included only if specified on request.
Your stay
Arrival and departure
The cottage will be available to you after 3.00 pm on the day of your arrival. Please leave the cottage by 11.00am on the day of your departure. Please keep us informed of your expected arrival time so we can ensure everything is prepared.
Please do not arrive early unless this is pre-arranged with us in writing. Should you arrive early at the cottage, cleaning/maintenance may still be ongoing and you may not be afforded immediate access.
Any stay that extends beyond your paid booking period will be subject to a charge for additional days and/or time in occupation of the cottage.
Loss/Damage
We appreciate that accidents do happen. Should you lose, damage or break any items or furniture, please let us know. You are responsible and fully liable for the full cost of returning the property to the state of repair and condition and in a clean and tidy state as you found on your arrival.
You are welcome to replace an item with the same/similar one (if available), or if more substantial, or you are unable to replace it, we will send you an invoice for the item’s repair/replacement.
You must allow us, or our agents, to enter the cottage to inspect the state of it, on reasonable notice, except in an emergency when immediate access must be granted.
We recommend that you obtain personal insurance for accidental damage and personal liability during your stay. This does not form part of your booking and is not included in the price of the booking.
Care and use of the property
We would be very grateful if you could leave the cottage in a similar state to which you find it. Whilst we don’t expect you to clean it, we do ask that you leave it in a clean and tidy condition as referred to above and return all furniture, games and any other items to their original place.
In addition to caring for the cottage during your stay, we ask you to show courtesy to the occupants of other nearby properties in particular in terms of noise and parking. You must not use the cottage or allow its use by others for any dangerous, illegal, immoral, offensive or noisy activities or be engaged in any act or act in such a manner that may be a nuisance, offensive or annoyance to others or the occupants of other nearby properties.
If in our opinion, your behaviour at the cottage falls below an acceptable level or causes, or is likely to cause a nuisance or be offensive to the occupants of nearby properties, we reserve the right to cancel the remainder of your stay with immediate effect. When this happens you will be responsible for any cancellation charges that may apply and no refund will be due.
We may terminate the Agreement on notice and in such case you must leave the cottage (without compensation being payable to you), if this is considered necessary by us due to your behaviour or if we receive any complaints of anti-social behaviour, unacceptable behaviour or unacceptable loss or damage occurs at the cottage. This includes the no smoking and no pets conditions at the cottage.
Boats are not allowed to be parked anywhere on the property.
Pets
Sorry, but we do not allow pets at Koru cottage.
Number of persons
The number of people occupying a property must not exceed four adults (aged over 18) or two adults and three children aged under 18 unless by prior written arrangement. We reserve the right to refuse you entry to the property or to terminate the agreement and your occupation with immediate effect if you exceed, or intend to exceed, this maximum occupancy without prior permission. In such circumstances no refund will be due or any compensation payable to you.
Smoking
Koru cottage is non-smoking.
Baby and Children’s Equipment
We will endeavour to provide a travel cot, highchair, stair gates and other baby equipment on receipt of a prior written request from you. We do not provide cot linen. We will leave the equipment in the cottage for your arrival. You should check that all baby equipment is suitable before use and ensure that you use it responsibly. We accept no responsibility or liability for the improper use of such equipment.
Access to the property
There may be occasions where we require access to Koru cottage to carry out any necessary maintenance/repairs etc. We reserve the right to access the cottage at reasonable times and with reasonable notice. Please leave the key in the lock box if you are away from the cottage and when you leave it at the end of your stay.
Left possessions
It is very important that you check that you have taken all your personal possessions when you leave. You should contact us to arrange collection of any left items. If this is not possible then we will endeavour to send them to you, but depending on their size/weight, we reserve the right to ask you to pay for or to recover from you storage, administration and postage costs.
We accept no liability for loss of property or any other loss or damage caused unless we have breached our legal duty of care owed to you during the time period of your booking/stay; where such loss or damage is not a reasonably foreseeable result of any such breach; or where such loss or damage results from a breach by you of any duty of care owed to us.
Wifi
Koru cottage has free internet access. The Wifi may fail or be interrupted and we cannot be held liable for any loss howsoever arising in such circumstances or if it is unavailable.
TVs and the BlueRay at the cottage have internet access. Please use this responsibly. There are some basic restrictions on what can be accessed, however, please ensure that appropriate supervision is made of all those accessing the services, especially children.
Safety
You and any visitors to the cottage must take and accept responsibility for your/their own and their children’s safety.
In particular, please take care on the balcony. Keep furniture away from the glass balustrade and keep the balcony door closed if necessary.
Please take care with the gas log-effect fire as this can get very hot.
There can be quite a strong ‘through-draft’ when the front and back doors/windows are open at the same time. Please ensure all the doors are latched with the magnets and hooks provided if you wish to have them open simultaneously.
There is a fire-blanket and fire extinguisher under the kitchen sink.
All equipment at the cottage including baby equipment and play equipment, games, boogie boards, sledges and children’s safety equipment are to be used at entirely at your own risk.
The property is equipped with carbon monoxide and smoke alarms. If these go off, please exit the property immediately and contact the appropriate emergency services (999) and then us on 07776 270749.
Complaints and feedback
Every reasonable effort will be taken to ensure that Koru cottage is presented to you to the highest standard. If you find that you have a problem or cause for a complaint then please contact us on 07776270749. We will take all reasonable steps to assist you.
We take all complaints and suggestions seriously and value your opinion. We encourage feedback by asking you to complete the visitors’ book or emailing us with comments to post on the Koru website (please indicate if you do not want them posted).
Please advise us immediately if you have a complaint. We will investigate all complaints notified to us thoroughly and we will attempt to resolve the complaint with you where this is possible.
Liability
Event of Default
This clause sets out our entire liability to you (including any liability for the acts or omissions of our employees, agents or contractors) in respect of the following (each being an “Event of Default”):
· a breach of the agreement; and
· our negligence or other tortious act or omission, breach of statutory duty or misrepresentation, arising under or in connection with the agreement.
Nothing in the agreement shall affect the liability for us or you for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
Financial limitation
Our total financial liability for all Events of Default during your stay shall not exceed an amount equal to all amounts you have paid to rent the cottage.
Consequential Loss
In no event shall we be liable, whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the agreement for loss of profit, loss of reputation, loss of business, revenue or goodwill, anticipated savings, loss or damage to data, or for any consequential or indirect loss, and regardless of whether the loss or damage would arise in the ordinary course of events, is reasonably foreseeable, is in the contemplation of the parties, or otherwise.
General
Factors outside of our control
If we are prevented, hindered or delayed from or in performing any of our obligations under the agreement as a result of any event that is beyond our reasonable control, we shall not be liable for any cancellation or change to the agreement which is necessary. This will include acts of God, war, terrorism, fire, adverse weather conditions, floods and natural disasters, which could not have been, or the effects of which could not have been avoided.
We are not liable for any inconvenience and/or disturbance you may suffer caused by holiday fairs, fetes, festivals or events or building works in the vicinity or in neighbouring properties during your stay.
Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and you must agree that any dispute, claim or other matter which may arise in respect of your booking will be governed by English law and will be dealt with by the courts of England and Wales.
EU General Data Protection Regulation (GDPR)
We will hold personal information (name, address, email and phone number) in accordance with the GDPR and these terms and conditions, for the purpose of managing your booking and providing you with information about your payments, the cottage and activities around Northumberland. We will not share your information with any third party other than Holiday Live Booking (HLB) who operates our online booking, payment and reminder system. If you have booked through a third party such as Owners Direct or Simply Owners, please check their GDPR policies directly.
You have the option of joining our mailing list, but if you wish to be removed from the list, you can do so by letting me know at any time.
We will hold your information securely in the HLB database and your email address in my email server and Mailchimp online system. If at any time you want this deleted, please let me know.