Terms & Conditions
In these conditions of Hire “we”, “us” and “our” means Philip and Jenny Jewell of K and J A Sommer, Bullocks Farm, Bullocks Lane, Takeley, Bishops Stortford, Herts CM22 6TA – the managing agents of the properties.
“the Hirer” means the person or persons whose name or names appear of the booking form.
“the Booking Form” shall mean the booking form on the website or sent to the hirer by post or email.
“the Premises” mean the barn/s hired including gravelled yard.
“the Furniture” means the fixtures, fittings, furniture and effects set out in the inventory held by us which sets out the individual items and their present condition.
“occupancy’ each of the barns is offered only on the understanding that no more than the maximum number of people indicated in the booking form use it.
“service” the service provided to the Hirer by us under the terms and conditions.
“WIA” means wireless internet access provided to you, the guest by us.
1 Once the Hirer undertakes a booking, it is deemed that he/she and the remainder of the group agree to abide by the conditions laid out in this document entitled “Terms and Conditions”
2 The Hirer takes the Premises and agrees to pay to us the Rent in accordance with the provisions of the Booking Form and these Conditions of Hire otherwise we shall be free to cancel the booking, by giving notice to the Hirer and to retain all monies paid by the Hirer and re-let the Premises and to claim all losses and expenses incurred (including the loss of rent commission and otherwise) incurred by us, from the Hirer. Once the booking is received the Hirers are liable for payment of the balance of the rent.
3 A 50% deposit is due on booking and the final 50% due 2 weeks prior to the arrival date. This should be either via our on-line booking service, bank transfer or cheque. Please note all rent cheques must be received and cleared two weeks prior to the arrival date.
3.1. Provisional bookings must be confirmed within 7 days of booking by paying a non-refundable deposit of 50%
3.2. Bookings made via our online system remain provisional until confirmed by us. All booking requests will be responded to within 48 hours.
3.3 In the case of bookings made within less than 2 weeks of your holiday start date, the full booking cost is due at the time of booking.
3.4. We will release the keys of the Premises to the Hirer at the start of the holiday on payment of the Rent in accordance with the Booking Form.
Please note that guest parking is in the bays allocated and marked “Fieldbarns Parking” and accessed through the farmyard. We do not accept any responsibility for any losses or damage to your vehicle or its contents when parked on the premises.
In order that the Premises be thoroughly inspected and cleaned between lets, holidays commence at 3.00pm on arrival day and terminate at 11.00am on departure day, In certain circumstances this can be amended – please contact us to discuss any requests for alterations in arrival/departure times.
4 The Hirer will:
(i) not make any alterations to the Premises, the decorations, furniture, nor deface the Premises, and will keep and leave the premises and the furniture clean and tidy and in the same state of repair and condition as they are on the day the Hirer takes up occupation, and not remove any of the furniture from its position in the premises. Please use coasters and placemats provided for drinks and hot food to avoid damage to furnishings.
(ii) please let us know immediately of any damage or spillage so that we can clean or repair as soon as possible. We reserve the right to charge for any damage caused
Please respect our barns. Leave muddy footwear and wet clothing in the shoe rack and in the utility room as soiled carpets and furnishings may result in a charge being made for any special cleaning.
(iii) not do anything on the Premises which may be or tend to be a nuisance, annoyance or cause damage to the owners or occupiers of any neighbouring or adjoining property.
(iv) use the Premises for the purpose only of a private holiday residence for the number of persons indicated by us and we reserve the right to withhold any/or withdraw the keys of the Premises if such number is exceeded. The Hirer will not assign, sub-let or part with or share possession of the Premises or any part of them under any circumstances whatsoever.
(v) permit us or our representatives to have Access to the Premises at all reasonable times.
(vi) deliver to us all the keys of the Premises or replace them in the location that they were found at the beginning of the rental period, on the last day of the holiday mentioned in the booking form. In the event of any failure by the Hirer to do so, the Hirer is liable to us for payment on demand of the full cost of any replacement keys and/or locks to the Premises.
5 If due to circumstances beyond our control we find it necessary to alter or cancel the reservation of the Premises by the Hirer we shall, upon becoming aware of the circumstances, inform the Hirer of the alteration or cancellation and
(i) endeavour to arrange and offer to the Hirer alternative accommodation of a similar type and standard and in a similar location as that reserved by the Hirer subject to our right to charge the Hirer any difference in price.
(ii) if the alternative accommodation is not available to the Hirer or it is not reasonably practical for us to arrange alternative accommodation or if the Hirer states in writing that the alternative accommodation offered by us is unacceptable to him within 10 days of our offering such accommodation, we shall refund in full all monies paid to the Hirer and shall not be under any further liability to the Hirer.
6 Notice of cancellation must be given by the Hirer to us in writing. If the cancellation is made prior to 8 weeks before the letting commences a full refund will be given, if 4 weeks before the commencement 50% refund will be given, 2 weeks before a 25% refund will be given; less than 2 weeks before the start of the holiday – no refund will be given.
We advise taking out an appropriate cancellation insurance scheme to cover you in this event.
7 It is agreed by us and the Hirer:
(i) That the Premises are to be occupied by the Hirer as a short term let / holiday let as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9 and the Hirer acknowledge that the tenancy granted by this Agreement is not a Assured Tenancy and that no statutory periodic tenancy will arise on the determination of the Term.
8 Whilst every effort is made to ensure the accuracy of the information given either orally or written and all representations are made in good faith, no such representation will create any liability on our part.
9 Price Changes. We reserve the right to amend prices quoted on the website due to error or omissions, or changes in the VAT rate.
10 Website Descriptions. Some of the information in our descriptions details factors outside the Premises such as pubs, cafes, places of interest. Closure of such premises and other changes to external facilities are outside our control and therefore these details cannot be relied upon absolutely.
11 Changing a Booking. Once a booking has been accepted by us the booking can be considered to be changed to another date providing the new dates are available. An administration charge of £25 may be levied. We reserve the right to refuse or curtail any booking which appear not to meet the requirements, either by number in the party or composition. We also reserve the right to make any booking subject to deposit/returnable bond being received against inventory and cleaning, refundable after the holiday, less any damaged or missing items and less any other than normal cleaning deemed necessary by us. Returnable bond of £200 (with the final balance payment) is usually taken for all Christmas, New Year bookings and Hen and Stag parties.
It is refunded within two weeks after the end of the holiday period, if everything is left in the condition in which it was found.
12 Please note that your booking is not confirmed until you have received written confirmation from us and we reserve the right to refuse any bookings before we have issued the written holiday confirmation.
13 If any clause contained in these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses and the remainder of the clause shall not be affected.
13.1 Except in respect of death or personal injury caused by our negligence or our employee or agents, we shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract between us, for any indirect, special or consequential loss or damage, loss of profit, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees or agents or otherwise) which arise out of or in connection with the supply of the Services and our entire liability under to in connection with the contract between us shall not exceed the price of the Services.
13.2 We shall not be liable to the Hirer or be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the obligations, if the delay or failure was due to any cause beyond our reasonable control.
13.3 Data Protection – We agree not to pass on your details to any third party except with your prior written consent.
14 It should be noted that
14.1 the Fieldbarns are situated on a working farm. The Hirer agrees that neither he nor any members of his party will enter any other buildings on the premises other than those known as The Fieldbarns and will not interfere in any way with any machinery or equipment on the farm whatsoever.
14.2 from time to time there may some noise associated with the normal workings of an arable farm although this is minimal and should not interfere with your enjoyment of the property.
15 Left Property – We will return left items if you send us an SAE.
16 Law – The laws of England shall govern the contract made between us and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.
17 Waiver – No waiver by us of any breach by the Hirer of any provision shall be deemed to be a waiver of any subsequent breach of that provision or any breach of any other provision.
18 Rental prices are reviewed on an annual basis and may be subject to change and uplift.
19 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!
1 EXTENT OF THE SERVICE
We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
We have no responsibility for, or control over, the information you transmit or receive via WIA.
Save for the purposes of network diagnostics we do not examine the use to which you put WIA or the nature of the information you send or receive.
We do not guarantee:
- the availability of WIA
- the speed at which information may be transmitted or received via WIA or
- that WIA will be compatible with your equipment or any software that you use.
Whilst we take reasonable steps to ensure the security of WIA and to prevent unlawful access to information transmitted or received using WIA, we do not guarantee the security of the information which you may transmit or receive using WIA or located on any equipment utilising SIA and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
We reserve the right at all times to withdraw WIA, change the specifications or manner of use of WIA, to change access codes, usernames, passwords or other security information necessary to access the service.
2 YOUR USE OF THE SERVICE
You must not use WIA to access Internet Services, or send or receive e-mails, which:
- are defamatory, threatening, intimidatory or which could be classed as harassment;
- contain obscene, profane or abusive language or material;
- contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- contain material which infringe third party’s rights (including intellectual property rights),
- in our reasonable opinion may adversely affect the manner in which we carry out our business
- are otherwise unlawful or inappropriate.
Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, email or otherwise use such content unless certain that the use has been authorised by the owner.
We may terminate or temporarily suspend the WIA if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to the above.
We recommend that you do not use this service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
The WIA service is for consumer use only. In the event that you use the WIA for commercial purposes we would specifically refer to you clause 5 below.
3 CRIMINAL ACTIVITY
You must not use this WIA service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or anywhere else in the world.
You agree and acknowledge that we may be required to provide assistance and information to law enforcement, government agencies and other authorities.
You agree and acknowledge that we may keep a log of the Internet Protocol (IP) addresses of any devices which access the WIA, the times when they have accessed the WIA and the activity associated with that IP address.
You further agree that we are entitled to cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have and are entitled to provide by law, to law enforcement authorities or rights-holders.
4 OTHER TERMS
You agree to compensate us fully for any claims of legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions.
Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (t the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the WIA at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
By using this WIA service you are confirming that you accept the terms and conditions as the basis of your use of the wireless internet access provided.
Terms of Us
The contents of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third party provide any guarantee or warranty as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contained material which is owned or licensed to us. The material includes but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United Kingdom.