Terms and ConditionsPLEASE READ THESE CONDITIONS CARFULLY. IN MAKING A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.
1 Akuna Lodge at Briar Hill Newton Ferrers
The contract for a short-term holiday rental will be between Akuna Lodge (referred to as "us" or "we") and the person making the booking and all members of the holiday party (referred to as "you" or "your") in the following booking conditions, the law of England and Wales will govern the Contract. The contract of hire is not effective until we have received the deposit and subject to the following booking conditions.
2 Duration and Times of Lettings
Arrival at Akuna Lodge is from 3pm on the commencement date unless another time is agreed in advance by us. The lodge should be vacated by 10am on the day of departure. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period does not create a relationship of Landlord and Tenant between the parties.
3 Booking Procedure
Please note that the confirmation of a reservation shall not render us liable in the event that the property is unavailable for occupation during the period reserved for reasons beyond our control and no contract will arise between us and you otherwise than in accordance with the following provisions of these terms and conditions.
Booking should usually be made through the on line booking system on the Akuna Lodge website www.akunalodge.co.uk. Enquiries and bookings may also be accepted by email and phone. The amount of the booking fee shall be as follows:
a. If the booking is made 4 weeks or more before the commencement of the requested holiday letting period - 25% of the full amount is payable in respect of the letting; or
b. If the booking is made less than 4 weeks before the commencement of the requested holiday period - the full amount is payable in respect of the whole of the letting period.
In the unlikely event that we decline a booking, the full amount of the booking fee will be refunded to
you. In the event that an application is accepted, the booking fee will be retained by us and treated as a payment on account of the amount payable in respect of the letting.
4 Acceptance of a Booking
The contract between us and you for the letting of the property shall arise upon us giving written confirmation of acceptance of your application (which at our discretion may be dispatched by pre- paid post or electronically to any email address provided by you in the booking form) or upon us having obtained cleared funds in respect of the booking fee whichever - is the later.
The full amount of the payment of the fee for the letting (less any amount to which clause 3 applies) shall be paid on the "due date" namely:
1. In a booking in which clause 3a applies, not later than 4 weeks before the commencement of the letting; or
2. In a booking to which 3b applies, upon our acceptance under clause 4
VAT is not payable on the rental charge of the property
6 Failure to pay
Non-payment of the sum payable under clause 5 by the due date may be treated as a cancellation of your booking and we will be entitled to re-let the property without reference to the client. The terms as to payment in clause 7 will apply.
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made to writing to us. You shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of the cancellation. We will use our reasonable endeavours to re-let the property in respect of the cancellation period. If we are successful you will be refunded the difference between sums you have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by us which shall include an administration fee of £25 in respect of each day that the property was reserved by you.
We reserve the right to amend the price quoted on our website due to errors or omissions or changes in the VAT rate. In such circumstances we will contact you as soon as we become aware of a change in charges. If you do not wish to pay the increase you shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of clause 3 and within 7 days of you receiving notice of the amendment to the price to be charged from us.
We will consider any request to change dates after confirmation has been issued. We reserve the right to charge an administration fee of £25 in the event a change of booking is made.
9 Occupancy and Use of Property
No more than the maximum number of persons ( that is 6 ) as stated on the web site may occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities of Akuna Lodge, unless prior consent has been obtained by us.
10 Care of the Property
You are responsible for the property during your stay and are requested to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You should leave them in the same state of repair,and in the same clean and tidy condition at the end of the rental period as at the beginning. 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 site owner or other neighbouring properties. We request noise to be kept to a minimum between the hours of 11pm and 7am. Smoking is not allowed in the lodge.
11 Damages and Damage Deposit
We believe that the vast majority of people booking Akuna Lodge will treat the property and its fixtures and fittings with respect and leave the lodge as they find it. For this reason we do not require a damage deposit. In the event that any damage is caused or exceptional cleaning is required after your booking we reserve the right to charge you retrospectively to make good. You will be provided with copies of relevant invoices and asked to submit payment at cost plus a 10% administration charge within 14 days of the date of the invoice.
This condition sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to you in respect of any breach of this agreement; any use made by you or any third party residing or making use of the property during your period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of us for death or personal injury resulting from negligence or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of your reservation under the conditions of this agreement.
Any vehicle of yours or any third party making use of the site during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle.
13 Force Majeure
In these terms and conditions "Force Majeure" means any circumstances beyond our reasonable control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason of Force Majeure the property is not available at the commencement of the time booked by you or the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be liable for any other claim for loss or damage by you.
In the event of any conflict between these booking conditions and any other contents of any website, these conditions shall prevail.
These terms and the contract between you and us shall be subject to and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear any claim arising from such contract.
15 Conditions Regarding Pets
Consent may be given at the time of booking to allow one well behaved pet to stay at the property subject to payment of a small additional charge to cover additional cleaning etc.
Consent may be given subject to you agreeing :
1. Never to leave any pet unattended in the property or outside the lodge or on the site.
2. To keep your dog on a lead when outside.
3 Not to allow any pet on the furniture or beds.
4. To bring all pet bedding required and towels for drying the pet when required.
5. To ensure that any pet is clean and dry before allowing inside the property.
6. To ensure that pets behave in such a manner as not to disrupt the enjoyment of other people staying in the vicinity or prejudice the reputation of the site.
7. To promptly pick up all dog mess from external areas on the site and to dispose of it appropriately.
16 Security and Privacy
We will ensure that:
1. Personal data is only used for the legitimate interests of Akuna Lodge and will not unduly prejudice the rights and freedoms of the individual in question.
2. Personal data will be processed fairly and lawfully in accordance with the Data Protection Act.
3. Personal data will not be used or shared with any third party save for that required by law.
4. Personal data will be kept only for so long as is necessary for specified purposes relating only to your booking and contract with us.
Please be aware that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected programme. Whilst we have taken steps to ensure that the pages on this web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this web site are indeed free from infection. It is a condition of us allowing you free access that we will not be liable for any loss or damage suffered by any person accessing this web site or any third party resulting directly from the transmission of a computer virus resulting from the accessing of this web site.
Please note that the information available on this web site may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with us before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on this web site that you accept that we will not be liable for any action you take in reliance on the information on this web site.
The contents of the pages on this web site are copyright to us. The copying or incorporation into any other work or part or all of the material available on this web site in any form is prohibited save that you may: download extracts of the material on the site for your personal use; or copy the material on the site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
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