self-catering holiday cottage, holiday rental near Alton Towers and Peak District

Self-catering near Alton Towers and Peak District - Contact Barks Holiday Cottage email barkshc@gmail.com

Booking Terms and Conditions


Barks Holiday Cottage Booking Terms and Conditions
PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER BY EMAIL, TELEPHONE OR POST), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.

1 Welcome
1.1 The “Owners” ("we", "our" or "us", as applicable) of the “Property” (Barks Holiday Cottage) thank you for your interest in booking a holiday. Please see further the Contact us section below for our contact details.
1.2 These terms and conditions ("Booking Conditions") apply to any reservation you make with us ("Booking"), whether by telephone, email or online,
1.3 Please read these Terms & Conditions carefully.
By making any Booking with us, you confirm that you accept these terms and conditions and agree to comply with them.
We refer to:
"Rental Contract" as the legally binding contract between you and the Owners of Barks Holiday Cotage for the Rental Services;
"Rental Charges" as the Booking Fee and the fees payable by you under the Rental Contract that we collect from you in relation to the Booking;
"Deposit" as the initial instalment of the Rental Charges quoted during the Booking process and payable by you when making a Booking;
"Rental Balance" as the balance of the Rental Charges payable by you after payment of the Deposit;
"Holiday Period" as the dates for which you reserve a Property;
"Booking Details" as details specific to your Booking including Holiday Period and any restrictions notified to you during the Booking process;
"Guests" as holidaymakers other than you that are booked to stay at the Property during the Holiday Period under your Booking.
1.4 Every time you make a Booking, please check these Booking Conditions to ensure you understand the terms and conditions which will apply at that time. 
1.5 If you have any queries or concerns regarding these Booking Conditions, please contact us using the details set out in the Contact Us section below.
2 Data Privacy Policy
2.1 We take your data privacy very seriously, including the information you submit about yourself when making a Booking. By submitting your personal information to us, you agree to our use of that information to contact you about your Booking.
2.2 We will not share your data with any other companies.
2.3 Online submission of data via our Booking Form is held securely by Survey Monkey, and is not shared for any purpose other than to us to manage your booking.
3.1 Once we have accepted a Booking in the way described in the Making a Booking section below, a legally binding Rental Contract has been entered between you and the Owners to make the Property available to you and provide the Rental Services for the Holiday Period.
3.2 The following will all form part of the Rental Contract between you and the Owner:
3.2.1 your Booking Details;
3.2.2 these Booking Conditions; and
3.2.3 any other special or additional conditions that we draw to your attention during the booking process before we accept your Booking.
4 Your use of the Property
4.1 The Property, Barks Holiday Cottage, is available to you for your personal, non-commercial use only. You may not offer for resale the Rental Services of Barks Holiday Cottage without our express written permission.
5 Property and Rental Services Descriptions
5.1 We make every effort to ensure that the descriptions (including Rental Charges and availability) relating to the Property and Rental Services are accurate and complete. These descriptions include details of the Property and Rental Services including photos, the availability period of the Property for rental, the Rental Charges and any additional charges, the facilities available at the Property, maximum occupancy numbers, any accreditations, awards or descriptions of quality relating to the Property including star ratings. If we discover a mistake or error relating to this information we will correct this promptly and will contact you if that information relates to a Booking that you have already made.
5.2 Other Property and Rental Services descriptions found online on sites that we do not control do not constitute advice or recommendation given by us. We do not have access to accreditations, awards or stars or other quality ratings or opinions that are shared online. We will not be liable for inaccuracies or errors in such information.
5.3 Rental Charges shown are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.
5.4 We do not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property or Rental Services descriptions on our Site or elsewhere.
6 Making a Booking
Eligibility
6.1 To be eligible to make a Booking and enter into a Rental Contract you must:
6.1.1 be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
6.1.2 provide us (in advance or when Booking) by telephone, email or Booking Form, with your real name, phone number, email address and other requested information; and
6.1.3 possess a valid payment method.

Booking methods
6.2 You may make a Booking directly using our online Booking Form or by contacting us by telephone or by email. It is most convenient for us if we have guest details logged on our Booking Form.
6.3 If you provide your Booking details to us by email, we may send to you a link to the Booking Form so that you can make a Booking and pay us online.
The contract between you and us
6.4 By making a Booking with us you are making an offer to:
6.4.1 make payment(s) to us (at the relevant time) in respect of the Rental Services;
6.4.2 enter into a Rental Contract in relation to Barks Holiday Cottage; and,
6.4.3 pay us all amounts due in respect of the Deposit and Rental Charges.
6.5 The following steps have to take place before a contract is made between us for the provision of the Rental Services under a Rental Contract:
6.5.1 you submit your Booking to us and provide your Booking Details and make the relevant payments. We will process your payment in respect of your Booking;
6.5.2 we will send you an email confirming your Booking ("Booking Confirmation");
6.5.3 we accept:
a) your offer to receive our Rental Services;
b) your agreement to pay us all sums due (at the relevant time) in respect of the Rental Charges (including the Deposit);
c) your offer to enter into the Rental Contract,
in each case, at the time we take any payment from you in respect of the Rental Charges. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually take any payment from you in respect of the Rental Charges (including the Deposit) at which point a contract will be made between us for the provision of the Rental Services under the Rental Contract.
6.6 When we accept payment for all or any part of the Rental Charges, you will no longer owe a debt for the associated amount.
7 Fees, charges and payment
7.1 The fees and charges are quoted in pounds sterling. We use our best efforts to ensure that these are correct at the time when the relevant information was published.
7.2 The fees and charges may change from time to time, but changes will not affect any Booking which we have confirmed with a Booking Confirmation.
7.3 Barks Holiday Cottage does not charge VAT.
7.4 Before submitting your Booking online, you will have been presented with details of the total Rental Charges payable for your Booking together with details of the following amounts payable to us at the time of your Booking:
7.4.1 the Booking Deposit (which is non-refundable once your Booking is confirmed). The Booking Deposit is 50% of the rental fee and is payable at the time of booking;

7.4.2 the Deposit and, if the date the Rental Balance would normally fall due for that Booking has already passed, the Rental Balance too; and
7.4.3 any additional fees and charges quoted during the Booking process when you make your Booking (for example pet charges)
7.5 If you are paying a Deposit rather than the entire Rental Charges when making your Booking, you will also be presented with the date by which you will need to make payment to us for the Rental Balance. The Rental Balance is due four weeks prior to your arrival. Please note, we may (but are not obliged to) contact you to remind you of the due date for payment of the Rental Balance.
7.6 We currently accept online banking methods and cheques, but we do not accept credit and debit cards.
7.6.1 For Paypal payments we make an administration fee of £10 per transaction to cover the cost of this service.
7.6.2 For CHAPS or other online banking methods all bank charges and foreign exchange fees must be paid by you so that the Owners receive the sum agreed.

7.6.3 For longer bookings (14 to 28 days) we require a housekeeping bond of £200. Within 10 days of the end of the relevant Holiday Period we will return all or part of the bond to you and, if retaining any part of the bond, we will notify you in writing of the reasons for doing so.

8 Payment currencies and exchange rates
8.1 We only accept pounds Sterling.
8.2 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of four percent (4%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.3 We do not currently charge a 'good housekeeping bond', but we may make retrospective charges to cover the costs of any damages or repairs, including carpet and upholstery cleaning that result from your stay (see 13.3.6 and 15.3)
9 Your right to cancel or transfer a Booking
9.1 Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify as soon as possible if you think we have made any mistakes or errors with your Booking.
9.2 Please contact us if you would like to amend your Booking. If we agree to amend the Booking, additional charges including additional Rental Charges may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
9.3 After you receive your Booking Confirmation:
9.3.1 you will not be entitled to cancel the Booking as the Rental Services provided under the Rental Contract are accommodation and leisure services for which the contract provides a specific period of performance. You may, however, end the Rental Contract in accordance with the section Your right to end a Rental Contract.
10. Your right to transfer a Booking
10.4 You may not transfer your Rental Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Conditions and your Guests' compliance with them. Please see further paragraph 12.4.
11. Cancellation of your Booking by us
11.1 We may cancel your Booking if:
11.1.1 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property's water supply);
11.1.2 due to circumstances or events outside their reasonable control. Please see further paragraph 25.10.
11.2 If we cancel a Booking in accordance with this paragraph 11, we may (but are not obliged to):
11.2.1 arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
11.2.2 provide a refund of any amounts paid by you in relation to the cancelled Booking.
12 Booking restrictions
12.1 The maximum Holiday Period for any Booking is 28 consecutive days, subject to availability
13 Your responsibilities
13.1 You must make sure that all the information you provide to us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), you must promptly update your details.
13.2 You accept financial responsibility for all transactions made under your name or account.
13.3 You promise to us that during the Holiday Period:
13.3.1 that the number of people and pets occupying the Property will not exceed the number stated in your Booking Details;
13.3.2 that the Property will be used solely for the purpose of a holiday by you and your Guests;
13.3.3 that you will (and ensure that your Guests will) show all due consideration and respect for the Owners and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your stewardship of the Property or dangerous, offensive, violent or anti-social behaviour towards such persons or parties;
13.3.4 that you will (and ensure that your Guests will) use the Property and Rental Services lawfully, will not abuse any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you in connection with the Property or Rental Services;
13.3.5 to allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner provides reasonable advance notice. In addition, the owners may enter the property in case of emergency, including an unattended pet in distress;
13.3.6 to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the Holiday Period and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner (or his Representative acting on his behalf) may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy as may be required to return the Property to its original state of cleanliness and tidiness;
13.3.7 to report as soon as possible (preferably during your stay) to the Owner (or his representative) any breakages or damage caused by you or your Guests during the Holiday Period. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage.
13.3.8 to arrive after 3 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless we have agreed alternative check-in and check-out dates during the Booking process (as detailed in your Booking Confirmation)
13.3.9 not to allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of the Owner; and
13.3.10 to notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 13.3.
13.4 You will be responsible for all Guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.
13.5 It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting UK. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
13.6 In the event that you or any Guest fails to comply with the requirements set out above in paragraph 13.3, the Owners (or their representative) can refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of Rental Contract and the provision set out in the Owners' right to end a Rental Contract section will apply.
14 Owners' responsibilities
14.1 As Owners we will:
14.1.1 perform the Rental Services using reasonable care and skill;
14.1.2 as soon as possible, notify you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
14.1.3 ensure that the Property is vacant and that you and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
14.1.4 ensure that suitable arrangements are in place for you to collect and return the keys to the Property;
14.1.5 not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
14.1.6 show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you and your Guests;
14.1.7 will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
14.1.8 comply with the terms of the Rental Contract and act in good faith at all times;
14.1.9 respond to queries, complaints and problems which arise during the Holiday Period and use our best efforts to resolve them.
15 Pets
15.1 Pets are only allowed at the Property with the Owners permission. If you exceed the stated number or type of pet(s), the Owner (or his representative) has the right to:
15.1.1 refuse to allow you and your Guests to enter or stay in the Property; or
15.1.2 ask you and your Guests to leave the Property before the end of the Holiday Period.
15.2 If the Owner exercises their rights under paragraph 15.1, the Owner may end the Rental Contract in accordance with the Owners' right to end a Rental Contract section.
15.3 You will be liable for all damage caused by your and your Guests' pets. You should remove all traces (inside and outside) from the Property of pet occupation before you and your Guests' vacate the Property at the end of the Holiday Period. The Owner may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy due to any pets that have stayed at the Property. You must not allow pets on beds or on furniture within the Property and pets must not be left alone in the Property at any time unless an arrangement has been made with the Owner. If you break the terms of this paragraph 15.3, the Owner (or their representative on their behalf) may notify you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your Guests to leave the Property before the end of the Holiday Period.

15.4 Registered assistance dogs are allowed in the Property, but you must comply with the provisions in paragraph 15.3. You must notify us of the intended presence of any assistance dogs prior to Booking.
15.5 If you have an allergy to dogs, please be aware that we cannot guarantee that all traces of canine guests are removed from the Property. We as Owners cannot accept responsibility for any suffering which may occur as a result of pets and assistance dogs having been present in the Property.
16 Insurance
16.1 You are strongly advised to take out adequate travel insurance prior to departing for your holiday. It is your responsibility to check that your insurance cover is adequate.
17 Promises the Owner makes to you about the Property and Rental Services
17.1 The Owner promises to you that:
17.1.1 it has the right to provide the Rental Services and enter into the Rental Contract with you
17.1.2 the Owner will maintain, at the Owner's expense and with a reputable insurance company, policies to meet the Owner's liabilities under the Rental Contract with you;
17.1.3 the Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
17.1.4 the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
18 Staying at Barks Holiday Cottage
18.1 Barks is non-smoking throughout.
18.2 Bedlinen and duvets are provided with 2 pillows per person. Extra blankets are available.
18.2.1 There is a travel cot. We expect parents to bring their own cot bedding for their child, however cot sheets and baby quilts can be provided on request.
18.2.2 Towels are provided. In the kitchen we provide a hand towel, 2 teacloths and disposable dishcloths.
18.3 Constant hot water is provided.
18.4 The cottage has gas central heating, requiring manual control. The cost of heating is included within the weekly holiday rental. Please note, for longer rentals (14 - 28 days) we will quote a price that excludes gas and electricity which will be charged at cost.
18.5 Guests are requested not to adjust the controllers on the kitchen and hall walls as these look like thermostats, but are not part of the heating system.
18.6 The Property has an open fire that is to be handled only by adults. Logs can be purchased from us or bought locally.
18.7 Parents are expected to take full responsibility for the wellbeing and supervision of their children during their stay.
18.8 Bicycles are allowed and cyclists must allow due care and attention to others and to livestock in the area. Cyclists should be aware that bicycles may not be brought inside the property and there are no covered outside areas.
18.9 Guests may not bring firearms, knives or illegal substances under any circumstances.
18.10. Capacity. The usual accommodation capacity for Barks is 4 or 5. The accommodation can be arranged to suit different needs: there is one double room and one twin/family room. The family room can be arranged either as twin beds, or bunk beds plus a single bed. Please specify your preferred layout at the time of booking. Any requests for additional guests must be discussed and agreed with the owners, prior to arrival date.
18.10.1 Capacity in the Annexe is for an additional 2 adults in a twin room with en suite bathroom. The Annexe is bookable separately to Barks Holiday Cottage. Additional charges are payable for a rental contract that includes use of the Annexe
18.10.2 Additional day visitors may not stay over as residential guests, unless otherwise arranged and agreed with owners.
18.10.3 Extra guest beds incur a laundry supplement per bed.
18.10.4 There is room to park 2 cars.
19 Our liability
19.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive services supplied with reasonable skill and care.
19.2 To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Property, whether express, implied, oral or written.
19.3 You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. We accept no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.
19.4 If either we or you fail to comply with these Booking Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking Conditions. Losses are foreseeable where they were contemplated by you and us at the time we accept a Booking made by you.
20 Your rights as a consumer
20.1 We as Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights.
21 Your right to end a Rental Contract
21.1 You may immediately end a Rental Contract:
21.1.1 if we have told you about an error in the charges or Booking Details or a significant error in the description of the Rental Services relating to your Booking and you notify us that you do not wish to proceed.
22 Owners' right to end a Rental Contract
22.1 The Owner may immediately terminate their Rental Contract with you if:
22.1.1 you and your Guests do not comply with the obligations set out in paragraph 13;
22.1.2 you do not comply with the applicable rules on pets in accordance with paragraph 15;
22.1.3 circumstances or events outside the Owner's reasonable control prevent or are likely to prevent you and your Guests from staying at the Property for the Holiday Period or the Owner from complying with any other of its obligations under the Rental Contract.
23 Consequences of the Rental Contract ending
23.1 If you end the Rental Contract for the reasons mentioned in paragraph 21, we will refund to you the Booking Fees within 14 days of the date you notify us that you wish to end the Rental Contract.
23.2 If the Rental Contract ends during the Holiday Period, you must:
23.2.1 leave the Property together with all Guests as soon as possible;
23.2.2 notify the Owner (or their representatives) that you and your Guests have left the Property and the reasons for doing so; and
23.2.3 return the keys to the location instructed by the Owner.
23.3 Nothing in this paragraph 23 affects or reduces your legal rights as a consumer.
24 Complaints
24.1 If you have any complaint about the Rental Services or the Property please
contact us, the Owner (or our representative) as soon as possible, preferably during your stay. We take complaints from holidaymakers seriously and will do our best to resolve any issues, where possible.
24.2 Nothing in this Complaints section will affect your legal rights or any right you may have to bring legal proceedings against an Owner under a Rental Contract.
25 Other important terms
25.1 Our reliance on these Booking Conditions. We intend to rely on these written Booking Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. We and you will be legally bound by these Booking Conditions.
25.2 References to 'including' and other similar expressions. In these Booking Conditions, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
25.3 We may transfer this contract to someone else. We may transfer our rights and obligations under these Booking Conditions to another Owner. We will contact you to let you know if this is planned. If you are unhappy with the transfer, you may contact us to end the relevant contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services that have not been provided.
25.4 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with any obligations under these Booking Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
25.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under a contract made under these Booking Conditions to another person if we (as applicable) agree to this in writing.
25.6 Nobody else has any rights under these Booking Conditions or the Contract. Each Rental Contract is between you and the Owner. No other person shall have any rights to enforce any of the terms of each respective contract. The party to a contract made under these Booking Conditions will not need to get the agreement of any other person in order to end that contract or make any changes to these Booking Conditions.
25.7 If a court finds part of these Booking Conditions or any contract to which they apply illegal, the rest will continue in force. Each of the paragraphs of these Booking Conditions 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.
25.8 Even if we delay enforcing a contract made under these Booking Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of you breaking a contract made under them, 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 continue to provide the Rental Services, we can still require you to make the payment at a later date.
25.9 Which laws apply to these Booking Conditions and any Contract between us and where you may bring legal proceedings. These Booking Conditions and any contracts made under them are governed by English law and you can bring legal proceedings in respect of any such contracts in the English courts. If you live in Scotland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the courts of the Republic of Ireland or the English courts.
26 Contact us

Our correspondence address is:
The Owners
Barks Holiday Cottage
Moneystone
Oakamoor
Staffordshire
ST10 3DX