The Woolpack Farm trading as Stay In Eskdale – Agreement of Terms and Conditions
Reservations for accommodation by guests are accepted by The Company, Stay In Eskdale on behalf of property owners Steve & Caroline Ashall, Ralph & Margaret Jackson.
The Agreement: The rental agreement is between the Guest and the Owner. The contract is deemed to have been made once the Guest has paid a deposit. The guest must be over 18 years of age at the time of booking.
Booking: The Guest who makes the booking is deemed to have agreed to these Terms and Conditions will be responsible for all persons included in the booking and should ensure that they are all aware of these Terms & Conditions. The Owner reserves the right to decline any booking or refuse to hand over a key to any person who has not complied with these Terms & Conditions.
Payment: For bookings made more than 2 weeks before arrival, a deposit (part payment) of 50% of the total cost of the holiday, is required. The balance is due 2 weeks before the holiday commences. For bookings made less than 2 weeks before arrival, the total amount is payable in full on booking.
The Guest agrees to pay the balance of the payment TWO (2) weeks before the holiday is due to start. Email reminders are sent, but delivery cannot be guaranteed. Where a guest fails to pay their balance by the due date the booking may be cancelled, and the deposit retained.
Cleaning: The Guest is responsible for leaving the accommodation in good order and in a clean condition; otherwise, a cleaning charge will be levied. Please note that the convention for UK Holiday cottages is that guests are expected to leave the property in a similar state to which they find it (reasonable cleaning excepted). Please abide by this convention so we can continue to provide good value for guests.
Number of People using Holiday Accommodation: The owners permit the guest and members of the guest's party (but no one else) to occupy the property for holiday purposes only. The guest must declare the correct number of additional guests during booking and, if this changes, must inform the owners before the rental commences of any change. No more than the maximum number of persons stated on the website may occupy a property unless by prior written agreement with the Owner. Extra charges may be applicable if the number of guests differs from the number on the booking.
Arrival/Departure: The properties (unless otherwise stated in the property details) are available for occupation from 4.00 pm on the first day of the holiday and must be vacated by 10.00 am on the last day.
Cancellation or Changes by the Guest: Once the holiday is booked the Guest has entered into a legally binding contract. If the Guest cancels, for whatever reason (including medical and weather related).
Should you have to cancel your booking for any reason, please do let us know as soon as you possibly can. This gives us an opportunity to re-let the accommodation and if we do, we will re-fund up to the amount of the re-sale of the accommodation less a £15 admin charge.
Otherwise our standard cancellation charges apply based on the number of days’ notice of written cancellation prior to the start date of the booking.
0 – 14 days 100%
15 – 30 days 50%
30 days or more 10%
Cancellations must be notified in writing (including by email) to the Owner immediately. The Owner will endeavour to re-let the property and if successful may at their discretion allow the guest to transfer to alternate dates and/or accommodation for a £15 administration fee plus any other expenses incurred in re-letting. The expenses incurred in re-letting will be at the discretion of the Agent or Owner.
Once a booking has been accepted by the Owner, it can only be changed to another property by treating the original booking as a cancellation. Holiday dates may be changed providing the property is available for the new dates and the owner is agreeable to the change. A £15 re-booking charge will be payable.
We recommend and expect that the guest will have or will take out a holiday insurance policy (which includes cancellation insurance covering sickness and unavoidable reasons for cancellation) prior to their stay.
Dogs: A charge will be made of £3.50 per dog per night. Pets must be well-behaved and should not be left unattended in the property. They are not permitted on any furniture in the property and must be kept on a lead in the grounds. If damage or extra cleaning is caused by pets the guest may be billed for that charge. No garden is guaranteed as secure for dogs even if described as private or enclosed.
Guest Responsibility: The supervision of children, babies, dogs and any adults requiring care remains the responsibility of the guest at all times.
Guests should put all furniture etc back to where it was at the beginning of the rental period.
Guests should not leave any items at the property and, if left, the owner has the right to charge for the removal, return or disposal of those items.
Damage, Loss, Theft: Guests agree to inform owners of any damage or loss however caused, excluding reasonable wear and tear incurred during occupation. Guests should not remove any item from the property. The owner may ask for reasonable replacement costs. In the instance of damage the Owner will bill for the whole cost of the replacement or repair of the damage plus any additional costs incurred as a result of the damage.
Nuisance: Guests should not cause nuisance or annoyance to occupants of any nearby property.
If, in the opinion of the Owner, any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties or residents on site, the contract may be treated by the Owner as discharged and the agent/owner may repossess the property immediately. The guest will remain liable for the whole cost of rental and no refund shall be due.
Access: Guests must allow reasonable access to the property by the Owner for maintenance given reasonable notice.
Wildlife: Our properties are in beautiful rural areas. Please therefore expect to meet some wildlife, including the odd spider, mouse, bird, fly, bee, wasp or other creature, which may make their way into a property unbeknownst to the owner. Spiders in particular are not considered to be a pest and consume up to 2000 other insects per year. If this is likely to be a problem, it would be best not to book. (If any of these creatures are encountered, do not panic, but contact the owner in a calm and reasonable way - but only if the creatures become a serious menace. Otherwise, just open a window or a door and let them out, as this is usually what they prefer.) Owners reserve the right to take no action if they do not consider the existence of the wildlife to be a serious threat to health.
Disputes: Any dispute arising out of the booking will be between the guest and the owner. No complaints can be considered unless notified during the guest's stay in the property. It is the duty of guests to minimize any loss to them and therefore it is their responsibility to inform the owner at the earliest possible opportunity of any problem. Complaints received after departure cannot be accepted as the Owner thereby has no opportunity to resolve the complaint at the time.
Liability: The Owner cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property, its plumbing, gas, electrical services or exceptional weather.
No responsibility is accepted for loss or damage of property, (including pets), vehicles or vehicle contents belonging to the guest or any member of the party during their occupancy.
The maximum liability accepted by the Owner will be the total cost of the holiday as paid by the guest, other expenses such as travelling costs or alternative accommodation will not be accepted.
Cancellation by Owners: The Owner reserves the right to refuse any booking and to cancel any bookings already made if the property is unavailable (eg through fire, flood, etc) for any reason whatsoever, subject to a full refund of all monies paid (but no further liability). Neither the agent nor the owner shall be under any other liability if such cancellation occurs. Note: in the unlikely event of a cancellation the Owner will make every possible effort to secure alternative accommodation if required.
No Smoking: The whole site has a strict No Smoking Policy within properties and around the boundaries of the site.
Force Majeure: The Owner cannot accept responsibility or liability for any alterations, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, epidemics, acts of any government or public authority, or any other event outside our control.
Waiver: The failure of the owner to enforce or exercise, at any time or for any period of time, any term of, or any right pursuant to this agreement does not constitute and shall not be construed as a waiver of such term or right.
Miscellaneous: The guest agrees that the contract with the owner is made at the owner's premises and that any proceedings between the parties shall be conducted in the County Court nearest to the owner.
1.1 We accept the fees as detailed in the Booking Confirmation.
2. Payment
2.1 Fees will be invoiced and paid as described in the Booking Confirmation.
2.2 The Minimum Fee is a group booking price and will be charged in full even if the total number of participants is reduced.
2.3 Requests to bring additional participants must be communicated to West Lakes Adventure in writing at least 1 month prior to programme delivery. The Provider reserves the right to refuse additional participants. Should any request be agreed by the West Lakes Adventure, any additional fee per participant(s) shall be in addition to the Minimum Fee.
3. Cancellation
3.1 The deposit is not refundable.
3.2 Should the Purchaser wish to cancel any programme supplied by West Lakes Adventure then the following cancellation terms and conditions will apply.
Cancellation within a period of 2 months prior to the agreed delivery date as defined in the Booking Confirmation will result in 50% of the minimum fee being due and claimable by West Lakes Adventure.
Cancellation within a period of 1 month prior to the agreed delivery date as defined in the Booking Confirmation will result in 100% of the minimum fee being due and claimable by West Lakes Adventure.
This fee may be reduced at the discretion of West Lakes Adventure.
4. Insurance
4.1 Details of our Public Liability & Professional Indemnity insurance policies are available upon request. (We advise that individuals carry personal single trip holiday insurance to cover personal injury and loss or damage to personal belongings)
5. Health
5.1 The programme will be delivered in the outdoor environment. Safety will be managed by West Lakes Adventure in line with current statutory legislation and National Governing Body guidelines. Participants should be of reasonable health and shall raise any health issues prior to the activities.
6. Liability
6.1 West Lakes Adventure shall not be liable for any claim for direct or indirect injury or damage by the Participants or any third party unless such injury or damage is caused directly or indirectly, wholly or in part by the negligence of West Lakes Adventure, its servants or agents.
6.2 West Lakes Adventure shall be responsible for any loss or damage to all or part of the equipment used during programme delivery unless such loss or damage is proved conclusively to have been caused by the Participants.
7. Cancellation & Force Majeure
7.1 The start and finish times of the programme shall be extended by a reasonable time, at the sole discretion of West Lakes Adventure and its instructors.
7.2 If performance of the Contract is delayed by reason of any cause whatsoever beyond West Lakes Adventures reasonable control, including but not limited to: accidents, breakdown, labour disputes, epidemic, illness, fire, non-delivery or late delivery by a supplier and acts of terrorism, then the Minimum Fee will remain payable upon performance of the agreement.
8. Marketing Material
8.1 Any figures, statements, descriptions, illustrations, photographs, drawings or any other matters contained in West Lakes Adventures website, marketing material or other literature are made in good faith but are not guaranteed to be accurate and shall not form any part of any contract between West Lakes Adventure and the Purchaser.
9. Intellectual Property & Confidentiality
9.1 The Purchaser agrees that all handouts, materials, leaflets, examples, proposals, literature, marketing material, working theories & models, project designs and exercise briefs are the Intellectual Property of West Lakes Adventure. The Purchaser understands that no copying, reproduction, distribution and amendment may be made to such materials and information without the written permission of a Director of West Lakes Adventure.
9.2 The Purchaser understands that all Intellectual Property, whether specific or otherwise is subject to confidentiality and that to breach this term would result in West Lakes Adventure being able to pursue such a breach through the courts.
10. Health And Safety At Work Act 1974
The Purchasers attention is called to the provisions of the Health and Safety at Work Act 1974. West Lakes Adventure will make available upon request information on its services to ensure that as far as is reasonably practicable they are safe and without risk to health when properly used. It is the responsibility of the Purchaser to take such steps as are necessary to ensure that the appropriate information relevant to the services is made available to its servants, agents and any person to whom the purchaser supplies them and to any other person the purchaser reasonably considers should have knowledge thereof.
11. Jurisdiction
These Terms and Conditions and every associated Contract shall be governed by and construed in all respects with the laws of England and any dispute arising hereunder shall be tried by the English Courts.
12. Complaints Procedure
We place a high emphasis on meeting our client’s expectations and delivering a quality service. Once we are made aware of any service issue we will do our very best to resolve the matter to a client’s satisfaction. In the event of a complaint you must contact a Director of West Lakes Adventure in writing within a period of seven days after the date of the issue being raised, West Lakes Adventure reserves the right to reject the complaint should this procedure not be complied with.
