Updated January 2023
Introduction and Definitions
Waterwynch Mill Cottages are owned and operated by the Waterwynch Mill Partnership who shall be referred to as “we”, “us” or “our” in these terms and conditions.
To make it easier to read these terms and conditions there are a number of further definitions which we use:
- “Deposit” means a deposit of £150 per week (or part thereof) as confirmed at the point of making a booking;
- “Holidaymaker” means you and each person going on holiday with you on your booking;
- “Property” means the holiday property you book with us; and
- “You” or “you” means the lead person making a booking with us.
When you make a booking with us you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully.
1. Contract and Booking
The contract to occupy the Property is between you and us. The booking form together with these terms and conditions shall constitute the contract between us and you.
Bookings can only be accepted from persons over the age of 18 years.
We reserve the right to refuse any booking without having to provide a reason.
The Properties are only to be used for the purposes of a holiday, and certain group bookings, including stag and hen dos, are not allowed.
No bookings are valid until confirmed by us in writing (including by email).
Bookings will be confirmed once your Deposit has cleared in our bank and we issue a completed booking form to you.
Once a booking is confirmed it cannot be changed by you, unless agreed by us in advance. We will endeavour to make amendments to suit you however we cannot guarantee that this will always be possible.
2. Deposits and Balance Payments
If you make a booking more than 8 weeks before the holiday date you will be required to pay a Deposit when making the booking and the balance will be due no later than 8 weeks before the holiday is due to start.
If you make a booking within 8 weeks of the start of the holiday you will be required to pay for the holiday in full at the time of booking.
We reserve the right to cancel your holiday and re-let the Property where any payment due is more than 7 days late. In these circumstances you will not be entitled to any refund.
The Deposit is non-refundable unless we have to cancel your holiday.
3. Cancellations
If we cannot make the Property available to you for your booking we will refund all amounts you have paid towards the accommodation cost. We will not be responsible to pay any compensation or expenses as a consequence of such an event.
If you cancel prior to the holiday arrival date you may be due a partial refund from us.
The refund will depend on the amount of notice you give us before the holiday start date.
The refund will be calculated as follows:
- 28 or less days’ notice – No refund due
- 29-56 days’ notice – 40% of the total accommodation cost
- More than 56 days’ notice – your liability to pay the balance will be waived, however, the Deposit will not be refunded. If more than the Deposit was paid and more than 56 days’ notice is provided then all payments other than the Deposit will be refunded.
For the avoidance of doubt the Deposit is non-refundable in all circumstances when you cancel a holiday.
If a refund is due we will aim to return the applicable amount within 5 working days of cancellation by bank transfer only, subject to you providing your bank details.
You may wish to arrange holiday cancellation insurance.
4. Holidaymakers’ responsibilities
You will ensure that all Holidaymakers will:
- Act responsibly and carefully whilst at the Property, abiding by any property specific house rules and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;
- Report to us any damage or breakages made during the holiday occupancy and pay for damage (except fair wear and tear);
- Not smoke at the Property nor allow anyone else to smoke at the Property;
- Not allow more than the maximum number of people to stay at the Property as determined by the number of beds advertised as available in the Property;
- Not bring to, or allow any pets at, the Property other than registered assistance dogs by prior agreement with us (evidence of registration may be required);
- Not to invite additional guests to the Property during your holiday without our prior approval;
- At all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or guests do anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;
- Not enter the Property before the stated arrival date and time and will leave the Property before the stated departure date and time;
- Treat people with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards us, any member of our community in which the Property is situated, or any of our employees, or any other party acting on our behalf;
- Secure the Property (including all windows and doors) whenever leaving the Property; and
- At all times supervise children and vulnerable adults, particularly in relation to the hot tubs, swimming pool and our garden and grounds.
We will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. In serious cases, we reserve the right to insist that Holidaymakers leave the Property early without any compensation or refund.
5. Our responsibilities
We will ensure that:
- The Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
- Suitable arrangements are made for you to access the Property;
- We treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards any Holidaymaker at the Property;
- We can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay;
- We, and the Property, comply with all applicable laws and regulations (including health and safety regulations);
- Adequate liability insurance is in place in respect of the Holidaymakers’ stay; and
- All Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow us or any representative access to the Property if reasonably required).
However, we will not be responsible, nor liable to you (or any Holidaymakers) for any events outside our reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.
6. Literature and descriptions/amenities
We have compiled the information on our Website and in our Property manuals as accurately as possible. However, facilities may be altered or withdrawn for reasons outside our control, in which case we cannot accept responsibility.
We provide Wi-Fi in each Property, however please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for leisure, not business, purposes.
Our Properties are over 150 years old and much of their character and charm is due to their age. They were built long before the days of damp proof courses and cavity walls so may show signs of damp, particularly in long spells of wet weather. If you have any concerns, please talk to us at the time of making your booking. Please also remember that properties in the country do attract spiders and therefore cobwebs. It does not mean that the Property is dirty or has not been cleaned as cobwebs can be spun almost as quickly as they have been cleaned away.
We have a private water supply from a borehole, which is regularly tested. We also have a private treatment plant for all effluent and therefore Holidaymakers should note the restrictions contained in the Property Manuals that apply to safeguard the treatment plant. As the Properties are in a rural area please be tolerant of the sounds and scents that you may encounter, they are all a part of the countryside experience.
Confirmation should be requested prior to booking if there is any particular detail or facility that is important to you. When you make a booking the Holidaymakers accept that minor differences between text/photographs/illustrations on the Website and the actual Property may arise.
7. Complaints procedure
If you have any complaint concerning our Property please let us know straight away and we will do our best to resolve your complaint, where possible. It is important to raise any complaint while you are still at the Property.
8. Communication with you and data
We will not introduce Holidaymakers to any third parties.
Please see our Privacy Policy which explains how we will process your personal data.
All electronic data transferred pursuant to these terms and conditions remains our property and may not be replicated in part or whole without our prior written permission. Electronic data will not be preserved indefinitely by us.
9. Limitation of Liabilities and Legal
The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9).
When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period of performance.
We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control including unforeseen failures in water supplies, plumbing, electrical services or due to exceptional weather.
If either you or we fail to comply with these terms and conditions you or we will be liable (only) for losses which are a foreseeable consequence of the failure to comply with the applicable terms. Losses are foreseeable where they were contemplated by you and us at the time you made the booking.
Nothing in these terms and conditions will limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
Other than you and us, no person can enforce any of the terms of the contract under the Contracts (Rights of Third Parties) Act 1999.