BURNSWOOD – Terms & Conditions

1.1 The following definitions and rules of interpretation apply in these booking conditions:

Booking Confirmation: the confirmation of booking provided by email to the Customer when a booking has been accepted.

Booking Deposit: half of the Rental Fees, provided that the booking is submitted more than eight weeks before the Start Date.

Booking Fee: a non-refundable booking fee set out on the Booking Form.

Booking Form: the booking form completed by, or on behalf of, the Customer.

Customer: the person who submits the Booking Form.

Conditions: these booking conditions. Burnswood Ltd incorporated and registered in England and Wales with company number 13654895 whose registered office is at The Old Star, Church Street, Princes Risborough, United Kingdom, HP27 9AA.

End Date: the last day of the Rental Period.

Event Outside Control: any act or event beyond Burnswood’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.

Guests: the people that occupy the Property subject to these Conditions.

Housekeeper: the person appointed by Burnswood, who is responsible for the cleaning of the Property.

Inventory: the inventory of fixtures, furniture and effects at the Property, a copy of which may be kept at the Property.

Optional Extras: additional items which may be made available at the Property (and charged separately) if confirmed in the Booking Confirmation.

Owner: the owner(s) of the Property.

Property: the house and garden (if any) identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory.

Rental Fees: the total amount due from a Customer in respect of a booking of the Property.

Rental Period: the rental period specified in the Booking Confirmation.

Start Date: the first day of the Rental Period.

Website: Burnswood website currently located at www.burnswood.co.uk together with such other websites which may be created by Burnswood from time to time.

  1. General

2.1 Burnswood act as an agent for the Owner. The rental arrangements are made by Burnswood and other OTA’s (AirB&B and Booking.com), on behalf of the Owner, and the contractual relationship is formed direct between the Owner and the Customer.

  1. Duration and times of rental

3.1 The Rental Periods are for a maximum of four weeks and commence at 4.00pm on the Start Date and end at 10.00am on the End Date, unless otherwise agreed in writing by Burnswood.

3.2 The Rental Period cannot be exceeded unless Burnswood give prior written approval. The Customer will be liable for any cost, of whatever nature, incurred as a result of any unauthorised extension.

  1. Deposit

4.1 If a booking is made eight weeks or more before the Start Date, a Booking Deposit plus Booking Fee is payable. The Booking Deposit shall be paid by the Customer at the time they submit the Booking Form to Burnswood.

4.2 If a booking is made less than eight weeks before the Start Date, the full Rental Fees, plus any additional charges (such as charges for Optional Extras) must be paid at the time of submitting the Booking Form.

4.3 The Customer agrees to pay the Booking Fee. If two or more Properties are booked these constitute separate contracts and separate Booking Fees are due to Burnswood.

4.4 The Customer’s submission of a Booking Form is an offer to book the Property. If the Property is available on the requested dates, Burnswood will send a Booking Confirmation to the Customer. At this point a binding contract, incorporating these Conditions, will come into existence.

4.5 Burnswood reserve the right to refuse a booking, including where the Customer has used abusive, derogatory, inappropriate or offensive language (whether in respect of the current booking or a previous booking) when communicating with Burnswood’s employees and representatives. If Burnswood refuses a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded to the Customer immediately.

  1. Final payment

5.1 Unless otherwise agreed in writing by Burnswood, the Rental Fees shall be set out on the Website at the time of submitting the Booking Form.

5.2 Subject to clause 7, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 5.3, together with any additional charges.

5.3 Payment of the Rental Fees and additional charges are due to Burnswood eight weeks before the Start Date (the “Due Date”) and non-payment by the Due Date may be treated as a cancellation.

5.4 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer will be deemed to have cancelled their booking and Burnswood shall retain the Booking Deposit and Booking Fee.

5.5 Burnswood shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.

  1. Changing a booking

6.1 Once a Booking Confirmation has been sent, the booking can only be changed to another Property by cancelling the original booking in accordance with clause 7.

6.2 The Rental Period may not be changed by the Customer within two weeks of the Start Date. Any other changes to the Rental Period are subject to approval by Burnswood and an administration fee equal to the Booking Fee.

  1. Cancellation

7.1 A booking can only be cancelled prior to the Start Date.

7.2 If a Customer wishes to cancel the booking, it must notify Burnswood in writing (“Cancellation Notice”). Clause 15 shall apply if the Property is unavailable due to an Event Outside Control.

7.3 In the event that a Cancellation Notice is received by Burnswood, a cancellation charge is payable depending on the number of days before the Start Date. The amount payable is set out below:

0 – 13 days 100%

14 – 27 days 75%

28 – 55 days 60%

56 days or more – Deposit

7.4 Burnswood strongly recommends that Customers and Guests take out cancellation insurance in relation to their booking.

  1. Optional Extras

If the Property offers Optional Extras, they are listed on the Website and will be charged at the rates shown on the Website.

  1. Price changes

9.1 Burnswood reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.

9.2 Subject to clause 23, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Burnswood will adjust the rate of VAT and the Customer agrees to pay the applicable rate.

  1. Method of payment

All payments made to Burnswood may be made by credit card, debit card or electronic bank transfer.

  1. Overseas bookings

Customers located outside the United Kingdom shall pay in Pounds Sterling on a UK bank, Mastercard, Visa card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.

  1. Eligibility

Burnswood are essentially providing couple holidays and it is our policy not to accept bookings for hen or stag parties or from groups of people under the age of 18 years.

  1. The holiday

The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).

  1. Customer obligations

The Customer agrees:

14.1 to pay for all additional utilities and fuel incurred during the Rental Period and not included in the Rental Fees;

14.2 to report to Burnswood any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer;

14.3 to pay for any losses or damages to the Property caused by a Guest (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guests then Burnswood, have the right to reclaim any costs incurred up to the sum of £350 from the card the Customer used to pay the Rental Fees. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests;

14.4 to take good care of the Property and leave it in a clean and tidy condition at the End Date. A cleaning service is not provided during the Rental Period unless otherwise agreed in writing by Burnswood. If Burnswood is dissatisfied with the condition of the Property at the End Date, they reserve the right to refuse to accept subsequent bookings from that Customer.

14.5 to permit Burnswood reasonable access to the Property at all times without notice;

14.6 not to part with possession of the Property, or share it, except with Guests identified on the Booking Confirmation;

14.7 not to sell or transfer the booking to another party without Burnswood’s prior written consent;

14.8 to ensure that only the Guests who are identified on the Booking Confirmation occupy the Property.

14.9 not to smoke, use e-cigarettes, vapes, or any other smoking or vaping devices at the Property or cause an annoyance or become a nuisance to occupants of adjoining premises;

14.10 to only use the designated parking spaces allocated. Unless otherwise stated, all parking spaces shall only accommodate an average-sized car (e.g. a family hatchback). Burnswood accepts no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged;

14.11 to at all times behave in a respectful and polite manner to Burnswood and its employees and representatives;

14.12 to not use any abusive, derogatory, inappropriate or offensive language when communicating with Burnswood or its employees and representatives;

14.13 to not charge the Customer or Guest’s electric or hybrid vehicle, or e-bike, at the Property unless it is described as offering an electric vehicle charging point or e-bike charging facilities on the Website. The Customer and Guests further agree that they shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may cause safety risks and damage to the Property;

14.14 to ensure that any third party service providers (e.g. caterers and private chefs) have taken out insurance policies to cover all risks associated with the services they are providing;

14.15 to not use or light candles within the Property. This is to prevent potential fire hazards and ensure safety of all Guests;

14.16 to indemnify Burnswood, its employees, agents, and representatives from and against all claims, damages, losses, and expenses, including legal fees, arising out of, or resulting from the Customer or Guest’s occupancy and use of the Property, including but not limited to any claims brought by third parties. This indemnification obligation shall survive the termination of this agreement; and

14.17 that notices (including notices in proceedings) must be served on Burnswood at the following address:

Burnswood Ltd, Bondleigh, North Tawton Devon EX20 2AP

  1. Non-availability of Property

15.1 Burnswood will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.

15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and Burnswood’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.

  1. Liability

16.1 Nothing in these Conditions excludes or limits the liability of Burnswood for:

  1. death or personal injury caused by Burnswood’s negligence; or
  2. any matter which it would be illegal for Burnswood to exclude or attempt to exclude their liability.

16.2 If Burnswood fails to comply with these Conditions, Burnswood is responsible for losses which are a foreseeable result of their breach of these Conditions or their negligence, but Burnswood is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.

16.3 Burnswood is not liable for business losses. Burnswood only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose Burnswood will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. Property descriptions

17.1 Some of the information on the Website relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Burnswoods’ control. If Burnswood are aware of any material changes at the time of the Customer’s booking, then it shall endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which the Customer and Guests should rely. Although Burnswood make reasonable efforts to ensure the information on the Website is up to date, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

  1. Complaints

18.1 All complaints must be notified to Burnswood as soon as reasonably practicable, as Burnswood may be required to carry out an on-the-spot investigation of the Property and if necessary, to take remedial action. All Customers have a legal obligation to mitigate their losses.

18.2 The Customer agrees that Burnswood shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.

18.3 Burnswood cannot accept responsibility for any legislation relating to dogs not being permitted on beaches.

 

  1. Pets

19.1 Pets are not permitted at the Property,  however, consideration may be given in exceptional circumstances and would require prior written consent of Burnswood – subject to any additional conditions imposed by Burnswood. If pets are permitted, the Customer agrees that they shall be kept under control and exercised away from the Property.

19.2 Pets are not permitted in the bedrooms or on the furniture in the Property and Burnswood cannot accept responsibility for their safety. Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. A charge will be made for each pet and will be set out on the Booking Form.

  1. Assistance dogs

Burnswood welcome assistance dogs, but where the Property does not ordinarily accept a dog, Burnswood will verify whether the Property can accommodate dogs with the Owner before issuing the Booking Confirmation.

  1. Inventory

Where an Inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of the Start Date, otherwise the Inventory will be deemed to be correct.

  1. Bed linen and towels

Linen and towels are changed at the End Date. If the Customer requires fresh linen and towels during the Rental Period, they should contact Burnswood and Burnswood may agree to provide fresh linen and towels subject to the payment of an additional charge.

  1. VAT

VAT is included in the Rental Fees.

  1. Breach of contract

24.1 If there is a substantial breach of any of these Conditions by the Customer or any Guests including a breach of clauses 14.11 and 14.12, Burnswood reserve the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.

24.2 If there is a substantial breach of any of these Conditions by Burnswood, then the Customer has the right to terminate (i.e. bring to an end) the contract that exists in relation to the Property and may leave the Property.

24.3 Ending the contract by either Burnswood or the Customer does not affect that party’s other rights and remedies.

  1. Personal Data

25.1 Burnswood shall collect the names (first names and surnames) addresses, email and telephone numbers (“Contact Data”). Burnswood will process the Contact Data:

  1. to verify the identity of the Customer and Guests who will be occupying the Property; and
  2. to contact the Customer and Guests by post, email or text with information about the Property.

25.2 The legal basis for processing the Contact Data is the performance of a contract and Burnswood’s legitimate interests.

25.3 Burnswood may pass this personal information to other third party service providers (acting as their agent) for the purpose of completing the booking and supplying the Property to the Customer and Guests.

25.4 Burnswood also obtain the Customer’s personal information in the course of the sale, or negotiations for the sale, to the Customer. Burnswood may contact the Customer by electronic means (email or text) with relevant information, offers and similar properties. If the Customer does not want Burnswood to use its personal information in this way, it can opt out at any time by contacting Burnswood or by using the links provided in the email. Burnswood may also contact the Customer by postal means with marketing materials. If the Customer does not want Burnswood to use its personal information in this way, it can opt out at any time by contacting Burnswood.

25.5 Burnswood may retain the Customer’s information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.

 

  1. Authority to sign

The Customer who completes the Booking Form agrees that:

26.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added after the Booking Confirmation is issued, and ensure that the Guests comply with these Conditions;

26.2 they are over eighteen years of age; and

26.3 they agree to take responsibility for the Guests occupying the Property, and to notify Burnswood if they are not a Guest.

  1. Priority

If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.

  1. Previous websites and conditions

The Website and these Conditions replace and supersede all previous Websites and Conditions.

  1. Validity clause

In the event that a court finds that a condition (or part of a condition) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.

  1. Third Party Rights

Burnswood and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.

  1. Governing Law and Jurisdiction

The contract between Burnswood and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).

info@burnswood.co.uk

01837 82879