TERMS OF BUSINESS FOR Belvoir Holidays – Property
This agreement (consisting of these Terms of Business and our final email acknowledgment (“Acknowledgement”), together make the “Agreement”) grants you a short term non-exclusive licence to occupy certain accommodation at our Property and you agree to be legally bound by it.
If you don’t understand any of this Agreement and want to talk to us about it, please contact us by:
i. Email: HOLIDAYS@BELVOIRCASTLE.COM
ii. Telephone: 07917 910 131
If you would like the Agreement in another format for example, larger print, audio, please contact us to make arrangements.
In this Agreement:
a. We, us or our means Engine Yard Village Limited, Belvoir Castle, Belvoir, Grantham, Lincolnshire, NG32 1PE, registered in the UK as a charity number 10508784.
b. The “Property” means the property set out in our Acknowledgement (the ‘Property’) for which you will be granted a short term licence to occupy under this Agreement.
c. You, or your means the person making the booking. This licence is personal to you and cannot be assigned to a third party.
1.1 We provide a number of our properties for short term lets. Our website provides specific details of the properties and their availability.
1.2 We grant you a short term licence to occupy the Property for the time period, the number of occupants and the price agreed which will be stated in the Acknowledgement. You have not entered into a lease and the licence does not convey any property rights or interest in our Property and you are not a tenant of the Property nor have you been granted exclusive possession of the Property. This licence is subject to the terms of this Agreement and we reserve the right to terminate or amend your booking in accordance with the terms of or in the event of breach of this Agreement.
1.3 Where you are a consumer (i.e. an individual booking our properties for purposes which are wholly or mainly outside of your trade, business, craft or profession), you may be entitled to additional statutory rights. Nothing in the Agreement affects your statutory rights as a consumer.
2.1 Our prices (inclusive of VAT) for our properties are shown on our website and are subject to change on a regular basis. We occasionally offer discounts and special offers but they will not apply retrospectively and are strictly subject to availability.
2.2 The agreed price for you will be provided in the Acknowledgement.
2.3 The agreed price is for the licence to occupy the Property only (“Property Fee”). Additional costs may be incurred should you choose to require additional services, as provided on our website.
2.4 You also agree to pay the cost of any damage to the Property or its contents and to pay any fees, costs and expenses incurred by us as a result of your failure to vacate the Property on a timely basis at the end of your booking period, including, without limitation, as a result of loss of a subsequent booking for the Property for the period following your booking period.
3. Booking Deposit
3.1 When you make a booking, we require a deposit on all bookings of 20% (or full payment) of the total cost of your stay. If the booking is for a Group and/or for more than one property then a booking deposit of 20% per property is required. The deposit is non-refundable.
3.2 Bookings must be paid in full (the remaining 80%), 4 weeks before your agreed arrival date (the “Due Date”).
3.3 If the balance is not paid by the Due Date, we reserve the right to re-let the accommodation and retain the non-refundable booking deposit.
4. Security Deposit
4.1 When your booking has been confirmed by the Acknowledgement we will require, in addition to the booking deposit, a security deposit of £1000.00 per Property from you to cover any damage to the Property caused by you or any member of your booking, visiting guest or dog.
4.2 The security deposit will be refunded to you via bank transfer to the bank account details provided to us by you within 72 hours of you checking out subject to the following:
(a) A final inspection of the Property
(b) Payment being received for any additional goods or services
4.3 Should you breach any of the terms of this Agreement and in particular clauses 9 to 14 we reserve the right to retain the security deposit to be offset against the cost of damage to the Property.
5. Group Bookings
5.1 If your group is a single sex group booking, please contact us prior to making the booking.
5.2 In the event that your group is larger than 8 persons and/or requires more than one Property to be booked please note section 4.1 above.
5.3 Security deposits taken by a group booking may be held by ourselves should any damage/loss or heavy soiling of equipment occur in any one Property included in that booking exceed the amount of the individual security deposit.
5.4 We reserve the right to refuse any potential bookings for large groups at our discretion.
6. How to Make a Booking
6.1 We will accept bookings made by telephone or through the website. Both forms of booking are subject to the terms of this Agreement.
6.2 You must be over the age of 25 to make a booking and be granted a licence to occupy the Property. By making a booking with us you are representing to us that you over the age of 25 and that you are not prohibited by law from using our services.
6.3 You make a booking on the website by;
– selecting which accommodation you wish to book and pressing BOOK NOW
– enter your chosen dates, select the preferred package and press BOOK
– check details and press NEXT
– enter your personal details and press NEXT
– check price and press PAY NOW
– enter payment details to pay the deposit (or full amount). We accept payment by credit card or debit card and press PAY NOW
– you will receive a confirmation email
6.4 This confirmation email does not, however, mean that your order has been accepted.
6.5 If we are unable to accept your booking, we will inform you of this in writing and will not charge you. This is typically for any of the following reasons:
(a) a Property is unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to licence part of our Property from us;
(d) we are not allowed to licence our part of our Property to you;
(e) you have made a booking inconsistent with this agreement; and
(f) there has been a mistake on the pricing or description of the licence.
6.6 We will only accept your booking when we email you to confirm this (our Acknowledgement). At this point, a legally binding contract will be in place between you and us.
6.7 Please check the details on your Acknowledgement carefully. If any of the details are incorrect, or changed, especially your address, you must inform us immediately.
7. Special Requirements
Should you have any specific special requirements such as restricted mobility, please contact us so that we can endeavour to make reasonable adjustments.
8. Arrival and Departure
8.1 Arrival times on your specified arrival date shall be after 15:00. If you plan to arrive earlier, please contact us and we will endeavour to make alternative arrangements. We offer contactless check-in with key boxes – access codes will be shared before you arrive.
8.2 You are requested to vacate your Property by 11:00 on the specified date of departure in the Acknowledgement. We reserve the right to charge you at a rate of £10.00 per hour over this time. We request that you keep us informed if you are running late.
9.1 Our description of the Property and our FAQ’s on our website will say whether car parking is available at or near the Property.
9.2 We will not be held liable for any damage or theft incurred to your vehicle unless we have caused such damage or loss.
9.3 We reserve the right to retain the security deposit should you or any group member cause damage to the car park or surrounding areas or the Property.
10. House Rules
10.1 You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Property during your stay. You must read any fire or health and safety guidance which is provided to you and listen to any instructions or explanations which are provided.
10.2 You are not permitted to make any changes to the Property nor can you move or remove any furnishings or other items in or on the Property. You agree to abide by any reasonable rules and restrictions placed on the Property by us, including as set out in this Agreement, which may be modified or supplemented by us at any time by notice in writing (“House Rules”).
10.3 The Acknowledgement and the House Rules may set out certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Property, any areas of the Property or items in or on the Property that have been designated “no access”, noise restrictions, or limitations on pets, smoking or other activities at, on or from the Property. Your license to occupy the Property will be subject to immediate termination if you or any parties that occupy the Property during the term of your stay violate any terms of this Agreement.
10.4 You must keep the Property and the immediate surrounding area clean, tidy and clear of rubbish and leave them in a clean and tidy condition. If the Property is part of a building or complex with common areas, you must not obstruct or leave any objects or waste in any common areas.
10.5 You are prohibited from lighting bonfires on the Property. You may use your Property’s specified fire / fire bowl (if any) strictly in accordance with their instructions.
10.6 You must not use the Property and immediate surrounding area, or permit the use of the Property and the surrounding area, in such a way to cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to others within the surrounding area or our local neighbours, including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Property or moving furniture. You must not use the Property for any purpose other than for personal accommodation.
10.7 We ask that no amplified music should be played outside of the Property and that noise is kept to a minimum before 08:00 and after 22:00 in consideration of others and our local neighbours.
10.9 We have a zero tolerance policy on illegal drugs and substances, firearms and offensive weapons. If you bring or use any such illegal drugs, substances, firearms or offensive weapons on to the Property we will call the police and ask you to leave immediately without refund. You will not conduct any illegal activity from the Property.
10.10 You must not invade the privacy of the owner of the Property or publish or reveal anything which might allow a third party to identify the address of the Property or the identity of the owner or any personal information regarding the owner or the Property (even if such information is already in the public domain).
10.11 Without prejudice to any other rights and remedies pursuant to this Agreement, we reserve the right to ask you to leave the Property immediately without a refund if you do not comply with the terms of this Agreement.
11.1 We allow well behaved dogs onto our Property but they must be kept on a lead at all times. You must ensure that your dog does not cause nuisance or injure other animals or guests. We reserve the right to cancel your stay in accordance with clause 13.5 should you fail to have adequate control of your dog.
11.2 You agree to be responsible and liable for your dog at all times.
12.1 You agree to be responsible for your children and any children you are in charge of, your own welfare and to take all reasonable precautions against personal injury and injury to others.
12.2 Children must be supervised at all times.
13. Damage to Property
13.1 An inventory will be taken prior to the commencement of your stay. If you become aware of anything during your stay which you believe is a health and safety risk, you must inform us immediately. We will have access to the Property at all times during your stay to address any such issues.
13.2 You must notify us of any damage to the Property, contents, fixtures or fittings which occurs during your stay even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
13.3 Should any facilities and/or equipment be damaged or any unreasonable cleaning be required, you will be held responsible for the cost of cleaning, repair or replacement on a full replacement cost basis.
13.4 Should any soft furnishings, bedding or the like be damaged or heavily soiled you will be responsible for the full replacement cost of these items on a like for like basis.
13.5 Any damage which you have not notified to us will be reported to you by us with supporting photographic evidence of the damage.
13.6 All reasonable efforts will be made by us to rectify the damage at a minimal cost to you.
13.7 You will be responsible for the total cost incurred in any cleaning, rectifying or replacement of any damage incurred by you. Should the total cost of this exceed the amount of the security deposit paid by you we reserve the right to charge you for the difference. You have authorised us to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement, we have obtained a pre-authorisation for such charges as noted above.
14. Day Visitors
14.1 We welcome day visitors, a maximum of 2 visitors per property, but they must vacate the property by 20:30. No day guests are permitted to stay overnight. You must ensure that your day guests comply with the terms of this Agreement.
14.2 We reserve the right to ask your guests to leave the Property immediately if they do not comply with the terms of this Agreement.
15. Cancelling or Amending your Booking
If you cancel or amend the booking:
15.1 In order to cancel your booking, you must notify us in writing as soon as reasonably practicable. You may use the example form set out at Annex 1 to these Terms of Business to cancel your booking although please note that this is not obligatory. This form (and any other notification of cancellation) can be emailed to us at HOLIDAYS@BELVOIRCASTLE.COM. Alternatively, you cancel by phone by calling us at 07917 910 131.
– You can cancel your booking within 14 days after the day of our Acknowledgement. Where your booking has been cancelled within 14 days of our Acknowledgement, we will reimburse all payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. This refund will be made within 14 days of our receipt of your notice of cancellation.
– Cancellations made within 72 hours to or the day of check-in will not be eligible for refund. (For example, for a check in on Friday, you could cancel the booking on the Monday, or Tuesday by 15:00 leading up to the booking however cancellations made after 15:00 on Tuesday, Wednesday, Thursday or Friday (day of arrival) will not be eligible for a refund. This is to compensate us for the late cancellation.
– For cancellations made prior to 72 hours before arrival but later than 14 days of the date of our Acknowledgment, we will be entitled to retain reasonable sums to cover any costs that we have incurred in regard to your booking, and such sums will not be refunded.
– Any refund due for cancelled bookings will be released back to the cancelling guest on the scheduled date of check-out of the original booking.
15.2 If you wish to amend your booking and we are able to accommodate the arrangement, you will be charged a £50 (VAT inclusive) administrative fee.
15.3 We reserve the right to cancel your booking at any time in the event that you are in breach of this Agreement. You will be entitled to a refund of an appropriate proportionate to the length of time left in your booking, subject to the deduction of an amount to cover any reasonable costs that we have incurred in regard to your booking and any other sums required to be retained to remedy any damage or loss caused by your actions.
15.4 There may be rare occasions that due to unforeseen circumstances we may need to re-arrange or make changes to your booking. We will contact you as soon as possible if this happens so we can decide what to do. If we are unable to accommodate you or provide you with an appropriate alternative date for your booking, we will need to cancel your booking we will provide you with a full refund.
16. Personal Data and Privacy
17. Force Majeure
17.1 We are not in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under the terms of this Agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control (Force Majeure Event), including but not limited to any of the following: (a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
(b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(c) terrorist attack, civil war, civil commotion or riots;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) fire, explosion or accidental damage;
(f) any action taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent or the imposition of a quota or other restriction or prohibition relating to but not limited to an outbreak by way of infectious disease;
(g) extreme adverse weather conditions; or
(h) collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
17.2 If we are subject to a Force Majeure Event we shall not be in breach of this Agreement provided that:
(a) we promptly notify you in writing, email or by telephone of the nature and extent of the Force Majeure Event causing the failure or delay; and
(b) we have used our best endeavours to mitigate the effect of the Force Majeure Event, to carry out our obligations under this Agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
17.3 If the Force Majeure Event affects your stay, we will work with you in order to try and find a suitable alternative date for your booking. If we are unable to find a suitable alternative date for your booking, we will terminate this agreement and provide a refund in accordance with the provisions of these Terms of Business.
18. Limitation of Liability
18.1 The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 18.
18.2 Subject to clause 18.3, our total liability shall not exceed the total price paid for your booking.
18.3 Notwithstanding any other provision of the Agreement, the liability of the parties shall not be limited in any way in respect of the following
(a) death or personal injury caused by negligence;
(b). fraud or fraudulent misrepresentation; and/or
(c). any other losses which cannot be excluded or limited by applicable law
18.4 We do not accept any liability for failure to meet any obligations where such failure is due to events beyond our reasonable control.
19.1 If you are made aware of a problem, please bring this to the attention of a member of our staff as soon as possible. We are not responsible for any matter which you were aware of during your stay but did not bring to our attention at the time.
19.2 If you have a genuine complaint, please inform one of our members of staff as soon as you become aware of a problem and we will endeavour to resolve the issue.
19.3 If your matter has not been dealt with by the end of your stay, please submit your complaint in writing within 14 days after your departure by post or email. Please allow one calendar month for us to deal with your complaint.
19.4 You can also bring legal proceedings in respect of this Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
20.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
21.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22. Third party rights
22.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
23.1 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
24. Governing law and jurisdiction
24.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
24.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Annex 1. Cancellation Form
Engine Yard Village Limited
i. Email: HOLIDAYS@BELVOIRCASTLE.COM
ii.Telephone: 07917 910 131
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the short term licence to occupy [property name].
My/Our booking was made on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate