Terms and Conditions of Let


TERMS AND CONDITIONS OF LET

FOR THE PROPERTIES OF SOJOURN NORTH AND FAIRFIELD HOLIDAYS LTD.   

Please remember a reservation is a legal contract.
1.
Definition of Terms
Sojourn North is a trading name of Duncan Hodgkinson and Jane Hodgkinson of Greystone House Skelton Penrith Cumbria CA11 9TE.

2.     Fairfield Holidays Ltd operates Fairfield holiday house.

Duncan Hodgkinson and Jane Hodgkinson and Fairfield Holidays Ltd are referred to as the Owners.

The persons applying to rent a property are referred to as the Clients/Tenants.

Contracts to let the property are therefore between the Owners of the property and the Clients/Tenants.

These terms set out the terms of the contract between the Clients/Tenants and the Owners.

2.  Deposits
When a booking is made more than 6 weeks before the tenancy is due to commence, a deposit of one-third of the total rental must be paid to confirm the booking.  If a booking is made 6 weeks or less before the tenancy is due to commence, the full rent, together with any additional charges, must be paid at the time the booking is made.  If the Owners do not accept a booking, then all monies paid will be refunded immediately.

3.  Balance of Rental
Once a booking has been accepted by the Owners, the Clients must pay the balance of rental, together with any additional charges, six weeks before the tenancy commences.  If the balance has not been paid by this time the Owners reserve the right to cancel the booking, in which case a cancellation charge may apply. The Owners are not obliged to send reminders - the date on which the balance is due is clearly indicated on the Booking Confirmation.                                            

4.Restrictions.                                                                                         
a)Smoking is not allowed inside any of the accommodation or ancillary buildings.                                                  
b) The communal and parking areas at Salutation Yard are not to be used for ball games, Frisbee, cycling, kite flying etc.                              
c) The front forecourt at Fairfield is not to be used for ball games, Frisbee, cycling, kite flying etc

d) At Salutation Yard no outdoor cooking is allowed.

e) At Fairfield, outdoor cooking is allowed using the equipment provided or Tenants’/Clients’ own equipment.                                                                              

f) Open fires are not allowed outside at any of the properties.

5a. UK Bookings
Payments will be accepted by cheques made payable to Sojourn North, by credit card, debit card or cash.  The Owners cannot accept post-dated cheques and cash should only be sent by recorded delivery.  Any charges imposed on the Owners by their bank for handling dishonoured cheques, bank transfers or other payments will be passed on to the Clients who are liable to reimburse the Owners in respect of these charges within 7 days of notification from the Owners.

5b. Overseas Bookings
Overseas Clients may pay by sterling cheque drawn on a UK bank, or by MasterCard, Amex or Visa.  Any charges for overseas payments will be passed on to the Clients.

6. Authority to Sign
The person completing the booking form certifies that he/she is over 18. He/she should ensure that he/se is authorised to agree these terms and conditions on behalf of all persons included on the booking form, including those who may be added or substituted at a later date..

7. Eligibility
Bookings will not be accepted without prior consent from the Owners from:
a) Groups of single persons under the age of 21. A “group” means 4 or more people.
b) All male or all female parties comprising more than 6 people.

8. The Tenancy Agreement
The tenancy gives the Tenants the right to occupy the property for a holiday during the period booked and not for any other purpose or for any longer period.

West Barn and East Byre are let for a maximum of 4 weeks. South Byre and Fairfield are let for a maximum of 8 weeks. Lettings commence at 3.30pm on the first day of the tenancy and end at 10am on the departure date unless otherwise agreed.  The tenancy period cannot be extended without the Owners’ permission. Tenants will be liable to pay any losses or expenses incurred by the Owners as a result of an unauthorised extension.

9. Linen
One change of linen and towels are provided for each stay. Where a stay lasts for more than one week, there is an option for a change of linen at no extra cost.

10. Extras at the Cottages     
a) Cleaning. Properties are cleaned prior to arrival on Mondays and Fridays. Additional cleaning services can be requested at a further charge.     
b) Logs.A small initial supply of logs are provided at Fairfield. Further supplies can be provided on request for an additional charge.                           

11. Pets        
One well behaved dog is accepted at West Barn only, with the prior consent of the Owners.(Pets are not accepted at any of the other properties.) The dog is to be kept under control at all times and exercised off the premises. Dogs should not be allowed in the bedrooms or on the furniture, or be left unsupervised in the property due to the risk of damage to furniture etc. Tenants are responsible for cleaning up any fouling which their dog may cause around the property. 

12.  The Tenants' Obligations
a)  To pay for any losses or damage to the property caused by the Tenants or a member of their party (reasonable wear and tear excluded) unless such loss or damage can be made good under any householder's insurance policy held by the Owners.
b) To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy.  No cleaning service is usually provided during the tenancy unless specifically stated but this can sometimes be arranged.
c) Where reasonably required, to allow the Owners or their agent reasonable access to the property on reasonable notice and at reasonable times of the day (except in the case of an emergency when immediate access should be allowed at any time of the day).  
d) To not exceed the total number of people as stipulated in the description of the property in the Sojourn North brochure and on the website, and not to transfer possession of the property or share it except with members of the party as shown on the Booking Form.
e) To notify the Owners prior to the commencement of the tenancy of any changes to party numbers.
g)  To not cause undue noise or disruption or become a nuisance to occupants of any adjoining or nearby premises.                                           
h) The Owners operate a no noise policy outside of the properties, within the grounds of the properties, between the hours of 11pm and 6am.

13. Alteration of a Booking
When the Owners have accepted a booking, the dates of the holiday may be changed providing the same cottage is available for the new dates and the Owners are agreeable to the change. 

14.  Cancellations
All cancellations must be notified to the Owners initially by telephone, email, or post.

15. Complaints
Complaints should first be referred to the Owners, the caretakers or the agent during the tenancy as this will make it easier for remedial action to be taken and will give the Owners the opportunity to put matters right during the holiday. A delay in reporting a complaint may affect the Owners’ ability to put things rights and may reduce the Tenants’ entitlement to compensation.

16. Non-availability of Property
If for any reason beyond the Owners’ control the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting, Clients will receive a full refund of all rents and charges already paid if there is no suitable alternative property available.  The Owners will make every effort to find a suitable alternative property and, if one is available, Clients may choose to accept the alternative property or to accept a full refund of all rents and charges already paidbut the Clients shall have no further claim against the Owners.  

17.  Liability
The Owners will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim which results from any of the following where the Owners are not at fault:-

(a) The act or omission of the Tenants or any member of their party; or

(b) The act or omission of a third party not connected with the Owners and which were unforeseeable or unavoidable; or

(c) Circumstances which are beyond the Owners’ control as described in clause 20 below.

18.  Breach of Contract
If Tenants commit a serious breach any of the above terms and conditions the Owners reserve the right to terminate the tenancy on notice and in such case the Tenants/Clients must leave the property. If the Owners end this agreement and ask the Tenants/Clients to leave this will not affect the Owners’ right to other remedies, for example the right to require the Tenants/Clients to pay for any loss or expenses that the Owners suffer as a result of the Tenants’/Clients’ breach of these terms and conditions.

19.  Validity Clause
If any term or provision in these terms and conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.

20. Circumstances beyond the Owners’ control
The Owners do not accept liability or pay compensation for any loss, damage or expense which results from any event which the Owners could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events outside the Owners’ control. .                 

21. Brochure/Web Descriptions
While every effort is made to make brochure and web site descriptions as accurate as possible, some of the information contained relates to factors which are beyond the control of the Owners, such as shops, public houses etc.  Details of such establishments may change without the Owners’ knowledge and cannot be absolutely relied upon.

22. Price Change
The Owners reserve the right to amend prices quoted on the Web site or in the brochure due to errors or omissions or changes in the rate of VAT but such changes shall be notified to the Clients as soon as possible and the Clients shall be able to cancel the booking if the Tenants/Clients consider that the amended price is too high in relation to the original price quoted. If the Tenants/Clients choose to cancel the booking the Owners will refund all monies paid in advance. If the price variations are downwards then the price of your booking will be reduced accordingly and any refund will be paid to you. All prices quoted include VAT at the standard rate.

23. Discrepancies
The Tenants/Clients should read these terms and conditions carefully to ensure that they contain everything the Tenants/Clients want and nothing they are not prepared to agree to. The Owners make every effort to keep the Sojourn North brochures and websites up to date but if there is any discrepancy between these terms and conditions and the brochures or websites which the Tenants/Clients are not happy with or about which the Tenants/Clients require further explanation, the Tenants/Clients should contact the Owners about this by telephone, email or post before making a booking.

24. Governing Law and Jurisdiction
We will try to resolve any disagreement quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to take court proceedings you must do so in the English courts. .