Holiday Cottage Letting Terms and Conditions

1. Agreement

1.1 The completion and acceptance of a Poppinghole Farm Holiday Cottage booking form (the ‘Booking Form’) together with these Terms and Conditions will form an agreement between the Visitor (whose details appear on the Booking Form) and Poppinghole Farm, Poppinghole Lane, Robertsbridge, TN32 5BN for the occupation the holiday cottage detailed on the Booking Form. These Terms and Conditions are available on Poppinghole Farm’s website or on request. Also a copy is usually attached to the confirmation of the booking advice.

1.2 At the time of booking the Visitor must be over 18 years of age and authorised to enter into this Agreement by all persons named on the Booking Form. The Visitor will be responsible for making all payments due under this Agreement.

1.3 Bookings will not be accepted from groups of three or more single people under the age of 25 or all male or female parties of more than 4 people.

1.4 This Agreement is made on the basis that the cottages are occupied by the Visitor and the Guests for a Holiday as set out in the Housing Act 1988 Schedule 1 Paragraph 9 and does not constitute a tenancy nor any assured short hold tenancy or assured tenancy between Poppinghole Farm and the Visitor and Guests.

1.5 Poppinghole Farm permits the Visitor and Guests to occupy and utilise the furniture and contents of the Cottage for the period set out in the Booking Form (the ‘Holiday Period’). The maximum Holiday Period is four weeks.

1.6 Only the named Visitor and Guests detailed on the Booking Form by this Agreement are permitted to use or stay in the cottages. If overnight guests are expected by the Visitor Poppinghole Farm must be given advance notice. Failure to do so shall be deemed a breach of this Agreement and may result in early termination.

1.7 The Visitor will pay a Security deposit of £150.00 at least 6 weeks prior to arrival (or as set out in Clause 2.2), which may be fully refundable subject to any deductions that may be due to Poppinghole Farm as a result of breakages or a breach of this Agreement. The Visitor will be responsible for any damage whether caused by the Visitor, Guests or other family members, servants, agents or guests (the ‘Party’). The Visitor is advised that it is his/her responsibility to make the Party aware of these Terms and Conditions.

2. Booking
2.1 Deposit – If a booking is made 6 weeks or more before the Holiday Period is due to start, a deposit of one third of the rent is payable.

2.2 Bookings received 6 weeks or less before the Holiday Period is due to start must be paid in full at the point of booking, together with the Security deposit.

2.3 A Booking shall be confirmed when Poppinghole Farm is in receipt of a completed booking form and has acknowledged receipt in writing and the Visitor’s deposit (or payment in full under Clause 2.2).

2.4 Payment of the balance of the rent and the Security deposit are due 6 weeks before the start of the Holiday Period (the “Due Date”). The Due Date will be set out on the booking form.

If payment is not received by Poppinghole Farm in full by the Due Date then Poppinghole Farm reserves the right to treat the booking as cancelled and the deposit will be forfeit. Poppinghole Farm will not be responsible for sending reminders of the Due Date to the Visitor.

2.5 Poppinghole Farm reserves the right to amend prices at any time without notice and to correct any errors or omissions but changes will be notified to the Visitor as soon as possible.

2.6 The Visitor may cancel a booking at any time in writing either by post or email. A cancellation will become effective on the date the cancellation is acknowledged in writing by us.

2.6.1 In the event of a cancellation the following charges will be levied:

• Less than 14 days prior to arrival date – 100% of the full cost of the booking
• 2 – 4 weeks prior to arrival date – 90% of the full cost of the booking
• 4 – 6 weeks prior to arrival date – 75% of full cost.
• More than 6 weeks – 25% of the full cost of booking.

3. Cancellation through unforeseen circumstances

Poppinghole Farm reserves the right to cancel at any time due to unforeseen circumstances including but not limited to acts of God, war, riot, civil commotion, malicious damage ,compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, snow, storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services and/or for any reason that renders the property unfit for use. We will always attempt to provide you with a suitable alternative however, if we are unable to provide you with alternative accommodation we will refund all monies paid to us. Poppinghole Farm will have no further liability to the Visitor and/or his Party in respect of such cancellation.

4. Alteration to Bookings

4.1 For any alteration of a booking there will be an administration charge of £30.00. An alteration of a booking is deemed to be either a change of the Visitor or from one date to another. If, however, the alteration of a booking results in the reduction of the length of the booking it shall be treated as a cancellation as set out in 2.5 above. Any amendments to bookings after a price change will be at the revised price.

5. Indemnity

5.1 Poppinghole Farm cannot be held liable for loss or damage to the property of the Visitor or his/her Guests/ Party at Poppinghole Farm. Poppinghole Farm cannot be held liable for death or injury sustained by the Visitor or the Guests/ Party members at Poppinghole Farm except in so far as such death or injury is caused by the negligence of Poppinghole Farm or where such exclusion or limitation of liability is prohibited by law.

5.2 The Visitor shall indemnify and keep indemnified Poppinghole Farm against any liabilities, damages, actions, claims, costs and/or losses whether direct or indirect and including expenses incurred or paid by Poppinghole Farm arising from the breach of this Agreement by the Visitor and/or his/her Party or from any negligent act or omission or wilful default of the Visitor and/or his/her Party. For the avoidance of doubt recoverable expenses shall include but is not limited to third party fees (including legal fees) incurred in enforcing the terms of this Agreement.

6. Rural environment

6.1Poppinghole Farm is situated in the heart of the countryside and any action by the Visitor or his/her Guests that interrupts or endangers the livelihood of others authorised to use the Cottages and or the animals and surrounding land owned by Poppinghole Farm will constitute a breach of this Agreement by the Visitor.

7. Eviction

7.1 Poppinghole Farm reserves the right to evict the Visitor and his/her Guests without compensation being given if such action is deemed necessary by Poppinghole Farm. For the avoidance of doubt circumstances surrounding such an eviction may include reasonable complaints of antisocial behaviour towards Poppinghole Farm staff or other Visitors, unreasonable breakages or damage to Poppinghole Farm’s property, failure to observe smoking restrictions, misuse of any kind of the Cottage or material breach of the Agreement by the Visitor and or his/her Guests/Party. In the event of eviction there will be no compensation for a curtailed Holiday Period.

8. Insurance

8.1 It is the responsibility of the Visitor and his/her Guests to ensure that their personal possessions are insured. Poppinghole Farm cannot be held responsible for nor accept liability for the theft of, loss of or damage to personal possessions.

9. Arrival/Departure

9.1 Directions and a Location map will be sent to the Visitor with Key Collection instructions with the confirmation of booking following receipt of either the deposit or in the case of a booking confirmed less than six week prior to arrival the payment of the booking in full.

9.2 The Visitor may check in from 1600 hrs. (4.00pm) on the day of arrival. Visitors must check out by 11am on departure day. There may be flexibility in the checkout and departure times; please check with us and when possible we will be happy to oblige.

10. Visitor Obligations

10.1 Poppinghole Farm requires the Visitor and the Visitor undertakes to keep the Cottages and all fixtures fittings and effects in the same state of repair and condition as found at the commencement of the Holiday Period. Reasonable wear and tear is accepted. The Visitor shall pay to Poppinghole Farm the cost of repair or where repair is not possible the value or replacement of any part of the Cottages and all fixtures fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition.

10.2 Breakages and damage must be reported as soon as possible.

10.3 The Visitor and his/her guests must comply with any regulations relating to the Cottages and the facilities afforded to the Visitor and his/her Guests such as the Rules of the use of the Swimming Pool, The Lakes and the Farm. Copies of such regulations will normally be found in the Information Pack in the Cottages. Whilst every effort will be made to ensure such facilities are available for use during the Holiday Period, this cannot be guaranteed.

10.4 The Visitor and his/her Guests must allow any authorised person from Poppinghole Farm to enter the cottages in an emergency when immediate access must be granted or to inspect the Cottage with prior arrangement.

10.5 There is a strict No Smoking policy at Poppinghole Farm. Smoking is not permitted near, in or around the cottages, the courtyard, farm buildings or other facilities including the swimming pool. If the Visitor, Guests or any member of the Party is found to be in breach of this policy this will be a material breach of the Agreement and the Visitor, Guests and Party may be evicted forthwith.

10.6 Poppinghole Farm regrets that no pets are permitted.

11. Cleanliness

Poppinghole Farm Reserves the right to charge for additional cleaning if the Cottages are left in an unreasonable condition.

12. Data Protection

12.1 Poppinghole Farm stores personal data relating to Visitors. Poppinghole Farm will comply with the provision of the Data Protection Act 1998. The Data will only be used for the purposes of Poppinghole Farm’s business and will not be shared or transmitted to any third party, except for purposes described in the “privacy” statement in Clause 13 below.

13. Privacy Statement

13.1 To process your booking Poppinghole Farm will need to collect certain details from you. These details will usually include the names and addresses of the Visitor and his/her Guests, payment details such as credit/debit card or other special requirements such as those relating to any disability or medical condition which may affect your stay at the Cottages. Where you give us details relating to your physical or mental health or condition, we will ask you to give us your written consent to our holding, using and passing on such information. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for the details and give you the opportunity to say no if you do not want us to do so. We promise to keep all personal details you give us in connection with your booking confidential. We have appropriate security measures in place to protect this information entrusted to us.

13.2 As members of Premier Cottages (a marketing collective of the best four and five star cottages in the UK) we have agreed to supply to Premier Cottages Ltd the names, postal and email addresses of all guests booking with us during the previous year, in order that these guests may be sent a Premier Cottages brochure and sent promotional emails from time to time. We also provide them with the email addresses of guest enquiries. By accepting these terms and conditions you are indicating your consent to receiving these communications from us unless you let us know otherwise, which you can do at the point of booking when completing the booking form by ticking the  box.  If at any time you would like your details removed from this list all you need do is contact us at [email protected] and we will arrange for you to be removed from the Premier Cottage database.

14. Governing Law

This Agreement shall be governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the Courts in England and Wales.