By booking Nightingale Barn/Little Barden, you confirm that you have read and understood these terms and conditions which form a legally binding contract.

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1. Duration and Times of Lettings

Arrival is at 4pm and it may not be possible to admit you prior to this time without prior arrangement for which an early check in fee is payable. Departure is required by 12 midday and failure to do so will result in a further day’s rental being levied.

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2. Booking Procedure

Whilst we will endeavour to make the property available for the booked dates, the confirmation of a reservation shall not render us liable in the event that the property is unavailable for occupation during the period reserved and no contract will arise between the renter and ourselves other than in accordance with the following provisions of these terms and conditions.

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3. Booking Confirmation

All bookings must be confirmed by you replying to confirm, payment of deposit and accepting our Terms and Conditions. The Booking Confirmation must be accompanied by payment of the booking fee (deposit or full payment). Unless otherwise specified as different in an email from us, the amount of the booking fee shall be required in full, after acceptance of your reservation. If a payment schedule is presented to you, the dates of payment must be adhered to fulfil the terms of the Contract.

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.

We require the full postal address of the person making the booking and this person will confirm they are authorised to book the property on behalf of all persons who will occupy the property and that those persons are aware of the booking terms and conditions. You, the person booking, shall be a member of the party occupying the property and are required to ensure that:

• Each member of the party is aware of and will comply with all rules and regulations published by ourselves in respect of the use and occupation of the Properties

• The number of persons within the party shall not exceed the maximum number of persons permitted to occupy the property, as agreed in the confirmation booking email

Any breach of these provisions will constitute a breach of contract, thereupon we may terminate the booking forthwith in which event all money paid by you will be forfeited and you may be required to vacate the property.

We reserve the right to repossess the property at any time where damage or nuisance have been caused by you or any member of your party and in such event, we shall not be liable to make any refund.

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4. Acceptance of 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 (electronically to any email address provided by you. A reservation, once confirmed in writing, renders the person booking liable for the full payment of the quoted price.

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5. Failure to pay

Non-payment of the sum payable under clause 4 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 thereafter apply.

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6. Cancellation

All applicants are strongly advised to take out fully comprehensive personal travel and cancellation insurance to cover any potential risk to your holiday as we will not be liable for any cancellation, or for any guests unable to attend.
All payments are non-refundable. Any request to cancel has to be submitted in writing, via email, so you may notify your holiday or travel insurer of our confirmation of your cancellation.

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7. Changes

We reserve the right to amend the price quoted in a brochure or rates sheet due to errors or omissions or changes. In such circumstances, we will contact you as soon as we become aware of an increase 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 4 and within 7 days of you receiving notice of the amendment to the price to be charged from us.

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8. Changes to bookings

Provided we are informed 60 days prior to the booked date, we will consider any request to change dates after confirmation has been issued. We reserve the right to charge an administration fee in the event a change of booking is made.

 

9. Occupancy and Use of Property

Under no circumstances may more than the maximum number of persons agreed in the confirmation 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 Nightingale Barn/Little Barden/ unless prior written consent has been obtained by us. To exceed the maximum number of persons overloads the facilities available which are not designed or capable of supporting additional usage and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage. Availability of Nightingale Barn and or Little Barden is limited and will under no circumstances be let for longer than 2 weeks to one group.

 

10. Care of the Property

Please leave the barn/house/cabin and its environs in the same clean and tidy condition as when you found it, including all washing up, taking out rubbish bags and emptying the fridges and dishwashers, and cleaning any ovens that have been used, so we have time to clean in preparation for our next guests. In the event that we need to clean in excess of our usual schedule due to mess, additional cleaning required will incur a cost, to be taken from your security deposit.

You are responsible for the property and are expected to take all reasonable care of all its furniture, floors, walls, pictures, fixtures and fittings and effects, in or on the property.
You must not use the properties for any dangerous, offensive, noxious, noisy, illegal activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. Noise must be kept to a minimum between the hours of 10.30pm and 8am, otherwise we reserve the right to retain security deposits.

The outside area, gardens and plants have taken considerable time and effort to mature. We ask that every effort is given by all our clients to respect and take care around these areas, and children are especially made aware of this. Any actions of a child that cause damage will be taken as the responsibility of that child / those children’s responsible adult(s).

Children under the age of 16 must be under supervision, and in sight of at least one of their responsible adults, at all times.

Smoking is strictly not allowed inside any of the buildings. There is a smoking area at the entrance to the property where a sand receptacle is located. Cigarette ends must be removed from this receptacle and placed in the rubbish at the end of your stay.

The limestone floor in the barn is very sensitive to staining. Any spillages must be cleared up immediately to prevent staining, beer, red wine, oils will stain if not cleaned immediately. Please report any stains before leaving, so they may be assessed to see if there is any necessary repair cost.
We do not allow any additional sound system to be installed, unless agreed upon in advance with the management, and it is to be a small one, which will not add any noise nuisance to others outside the building. The management reserves the right to insist upon the unplugging and storage of any sound system brought in at any time. Refusal to do so will be considered a cancellation of your booking. You may be asked to vacate the building and no refund will be due.

Decorations may only be put up with prior permission and without causing any damage, particularly to paint work. No glitter is allowed, and the clear up costs of any additional decoration or clearing of streamer bombs (streamer strips gather on the oak beams) will be retained from any security deposit.

We reserve the right to retain security deposits if carpets, floors, walls or ceilings are left dirty or damaged. We reserve the right to retain security deposits if any furniture, fittings or contents are missing or damaged. In the event of any damage, please report it so that it can be assessed before you leave the property.
In the event that it is not assessed we reserve the right to retain full security deposits for any damage caused.

As this is self-catering accommodation, we do not provide additional toiletries or produce.

We do not provide staff for guests’ needs.

Call-outs that are not considered an emergency or are considered over and above usual self-catering requirements will be subject to charges and we reserve the right to retain security deposits accordingly.

We do not allow glitter, table sprinkles, coloured party liquids, coloured glues, or similar, as these stain and are very time consuming to clear up. Any use of these will incur a cost to be taken from your deposit.

You agree to drive at no more than 5 miles per hour when using vehicles at Nightingale Barn. Driving over this limit is extremely dangerous and damages the track, and may be taken as a cancellation of your booking.

The management accepts no responsibility for any damage caused to vehicles while on the track or car parking areas at Nightingale barn/Little Barden. These areas are used at your own risk.

 

11. Damages and Damage Deposit

Bookings of accommodation at Nightingale Barn/Little Barden require an extra costs and damage deposit of £200. This deposit will be returned after departure, within 5-7 working days, providing the property is left clean and tidy, and there have been no breakages or losses, no extra cleaning required, or any extra people found to be staying at the property, or any other issues that incur a cost beyond your reservation and use of our services.

In the event that you or anyone staying at the property during your reservation period causes damage or incurs a need for more than our usual cleaning services or leaves the property without settling invoices for additional services or supplies received during your reservation period, or incur any other costs, you will be notified in writing of the details of any extra costs incurred within 7 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit or payment will be required by you.

 

12. Outdoor Facilities & Equipment

You agree that the use of the outdoor facilities and equipment is at your (or any third party residing in the property during the period of your reservation) risk in all respects, and all relevant guidelines and advice presented is followed for your own safety, and the safety of others.

We accept no responsibility for any injury, or death to, or by, any person who does not adhere to the safety guidance in respect of the outdoor facilities.

You and all of your group agree to follow the safety guidelines in all areas of Nightingale Barn and Little Barden

Any of our outdoor facilities and equipment are subject to availability.

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13. Liability

We accept no responsibility for any injury, or death to, or by, any person staying in Nightingale Barn. Use of the trampoline, the children’s zip wire, the barbecue and fire pit is at your own risk.

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.

You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence. It is your responsibility to keep the buildings locked when unoccupied, and take the key with you, or leave it in the secure lock box. If a building is left open or unlocked, the management accepts no responsibility for any loss.

On check-out please ensure the keys are left in the building or placed in the secure lock-box next to the main door.

Unless agreed by prior arrangement, only the areas around the barn and the seating/outdoor dining area next to the pond are to be accessed by any guests. You are welcome to use the woodland and the field and access the footpath behind the barn, through the gate. You may use the swimming pool when in use. Please see separate information on use of the pool.

We accept no responsibility for any injury, or death to, or by, any person who breaches the boundaries of designated restricted or private areas. There are unfenced water hazards, and other natural hazards and you should take extra care in these areas and supervise children up to the age of 16 at all times.

Any vehicle of yours or any third-party making use of the property during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle.

Nightingale Barn/Little Barden and it’s owners will not be held liable for any guest cancellations due to adverse weather conditions, illness, any change in personal circumstance or health, travel complications or any other reason whatsoever, including those listed above. These are expected to be covered by your own insurance.

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14. Insurance

Nightingale Barn is covered by insurance, including public liability insurance.

It is the responsibility of the guest(s) or business(es) letting the property to ensure they and all guests and visitors during their short term tenancy have suitable and adequate insurances in place, including personal injury, health and medical, accidents and travel, and to ensure that all 3rd party suppliers/visitors they employ or invite on to the property have had prior approval from the property owners to access the property and that they also have suitable and adequate insurances and adequate local authority and health and safety certification in place.

Tenant and Guest insurance cover is expected to include, but is not limited to:

– Death, injury or illness happening to you, a member of your family or a friend.
– Any change in your personal circumstances or health, including falling pregnant.
– A recommendation from your GP or medical professional after you have booked.
– Adverse weather conditions including snow, frost, fog or storm.
– Mechanical breakdown. accident, fire or theft en-route of a private vehicle en-route or prior to arrival.
– Strike action or other union activity preventing or causing delay to travel.
– Restrictions to travel imposed by government or any authority, including changes.
– Jury service and court summons.

 

15. Force Majeure

In our terms and conditions “Force Majeure” means any circumstances beyond our reasonable control including, without limitation, an act of God, fire, disease, government action, flood, war or acts of terrorism. Where an event of Force Majeure results in the Property being unavailable we shall not be deemed to be in breach of contract and shall not be liable either to refund you any monies or for any other claim for loss or damage incurred by you.

 

16. Pets

We do not allow dogs or other pets at Nightingale barn/Little Barden. We can recommend excellent local kennels that will allow dogs to stay with them, be picked up during the day, and dropped off again between the hours of 9am and 5pm. We reserve the right to refuse guests entry if attempting to bring unauthorised animals onto the property.

 

17. Security and Privacy

Nightingale Barn will ensure that:

1. Personal data is only used for the legitimate interests of Nightingale Barn and does 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 be kept only for so long as is necessary for the specified purposes.

 

18. Disclaimer

Please be forewarned that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected program. Whilst Nightingale Barn/Little Barden have taken steps to ensure that the pages on its web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of our web site are indeed free from infection. It is a condition of us allowing you free access that Nightingale Barn/Little Barden will not be liable for any loss or damage suffered by any person accessing our 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 our 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 our web site that you accept that we will not be liable for any action you take in reliance on the information on our web site.

 

Special Arrangement

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Covid, Cancellations and Insurance

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Due to the problems with Covid-19 and lockdowns, we override the cancellation and refund policy in the terms and conditions, and accept the following alteration in this email as a legal addition to the T&C’s as of this date, until the mentioned holiday cancellation cover for Covid-19 is available on the market. On the date that cancellation insurance is available that covers Covid-19 related cancellations, we will revert solely to the terms and conditions contained in our terms and conditions.

As we have bedrooms and a bathroom for 6 upstairs and bedrooms for 4 with wet-room downstairs and a large living/dining area where we can add an additional table and extensive outdoor space, all set in 7 acres, we were able to follow all of the laws and guidelines for groups in 2020, except during actual lockdowns when we were closed for holiday stays.

Hopefully, there will be no problem, however, after the lockdowns due to Covid in 2020, and the large number of refunds we have issued as a small independent family owned business, (where many similar businesses, and large corporations have not), it is now a requirement that guests take out appropriate insurance for their booking. There is currently no appropriate cancellation policy available (except for those who have actually caught Covid-19). 

So, here is the current wording of our assurance regarding forced cancellation due to the current pandemic :

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INSURANCE FOR STAYCATIONS

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 Until there is an insurance policy available on the market that covers cancellation due to UK Covid-19 restrictions making it illegal for you to visit us, or we are closed due to Covid-19 restrictions, through no fault of our own, (individuals who have unfortunately caught Covid can currently be insured for cancellation), we are saying that we will organise a refund (essentially making us your insurer).

 During the period where no insurance policy covering the above is available from any insurer, we are saying that we will organise a refund for cancellation due to the above reasons (individuals contracting Covid-19 excepted). 

 This email’s assurance of a refund under these conditions supersedes the terms and conditions’ clauses saying all payments are non-refundable, until such time that an appropriate insurance policy becomes available to the public.

 As soon as a policy is available that provides cover for individuals or groups, enabling them to have their staycation insured to include cancellation due to restrictions enforced by law regarding, pandemic/transmittable diseases, then we immediately revert to our terms and conditions, and we are no longer the insurer for your holiday, and will not provide a refund.

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