TERMS AND CONDITIONS OF HIRE

These booking terms and conditions of business are a contract between us Stay Eden (Mill Race) Limited (trading as Elm Escapes), the property manager/agent and you the person making the booking including all adult members of your party who will be staying in any of our lodges. Please ensure that you and all members of your party read and understand these Terms before you book. We reserve the right to change these Terms at any time and any such changes will apply in relation to any new Booking.

INTERPRETATION
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:

Managing agent, Property Manager, Owner, Us or We refers to Stay Eden (Mill Race) Limited offering holiday lodges to rent.

Client is the person who arranges the booking – they could also be the guest.

Guest is the person who resides at the property including all adult members of your party – they could also be the client.

Agreement means this agreement;

Lodges/Lodge/Property – is accommodation managed by Stay Eden (Mill Race) Limited

Booking means an offer from you to us to hire one of our Lodges on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.

Fee is the rental for the lodge and inclusive services which is payable in advance.

Furniture and Appliances means such furniture and appliances usually found within the property and any other items, which we agree to provide.

CONDITION AND USE OF PROPERTY

The Lodges are provided in “as is” condition. Stay Eden (Mill Race) Limited shall use its best efforts to ensure the operation of all amenities in the Lodges, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Stay Eden (Mill Race) Limited shall not be held responsible for such item’s failure to work but will make every effort to correct any issues reported as quickly as possible. 

Guest shall always use the Lodges for holiday purposes only and in a careful manner to prevent any damage or loss to the Lodges and keep the Lodge in clean and sanitary condition. Guests and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Lodges for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Lodges.

ASSIGNMENT OR SUBLEASE

Guest shall not assign or sublease the Lodges or permit the use of any portion of the Lodge by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement. The Lodges do not accommodate hen, stag or any sort of parties.

OCCUPANCY

Guest agrees that no more than the agreed persons shall be permitted at the Lodges at any time during the booked stay, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.

1)BOOKING YOUR STAY

1.1

By making a booking you confirm on behalf of all persons in your party that:

• You are over 18 or, if the booking being made does not include yourself that there is at least one person in your party that is at least over 18 at the time of the stay;
• You have read and agree to be bound by these Terms;
• You accept financial responsibility for payment of the booking on behalf of all persons in your party; and
• You will be responsible for any loss or damage caused by you, any member of your party or animal accompanying you.

1.2

Our Contract binds you, (the person named on the booking confirmation) and all members of your party, including children and any day visitors. Our Lodges can be booked either for a 3 night weekend (Friday to Monday), 4 night midweek (Monday to Friday) or a full week stay (starting and finishing on a Friday). If you have to cut your booking short for any reason, we cannot give you a refund.

2) PAYING FOR YOUR STAY

2.1

If you place your booking more than 5 weeks prior to the start date of your holiday, we will request a deposit (“Standard Deposit”) of 50% of the booking per Lodge. The balance of the full payment will be due 30 days prior to the start date of your holiday. If we do not receive the full payment from you by the due date, we will treat this as a cancellation of the booking and you will forfeit the total cost of any payments made to date. For all bookings received within 30 days of your holiday start date, full payment is due at the time of booking.

2.2
The client/guest will pay to the managing agent via the direct website or a third party booking platform such as Airbnb, Booking.com. Lodge prices vary depending on the time of the year. If your stay falls within two or more price bands, the corresponding price for each date range will be charged for the days that you stay during the relevant price band. Prices include VAT at the current prevailing rate.

The price includes:

• Use of your accommodation for the maximum number of guests we indicate; and
• A £65/£110 cleaning fee

Prices do not include any additional services, features and facilities.

2.3
Should payment not reach us within the required time we reserve the right to cancel any bookings made and any deposit paid will be forfeit.

2.4
If the client/guest fails to pay the managing agent any sums that are payable under this agreement when due, the client will pay the managing agent, on demand, interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment is due until the managing agent receives payment in full cleared funds both before and after any judgement.

2.5
Below are the conditions you need to adhere to:

2.6
We expect the Lodge to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.

2.7
From the 1^st July 2007 the UK legislation provides that smoking is not permitted in serviced properties. Smokers must vacate the building should they wish to smoke.

2.8
Where there is evidence of guests smoking within the property, we reserve the right to charge £100 for specialist cleaning.

2.9
Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.

2.10
No daily housekeeping service is provided – While linens and bath towels are included in the cost of the stay. We do not permit towels or linens to be taken from the property. We reserve the right to charge guests who take towels away from the property.

2.11
Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.

3. SECURITY DEPOSIT

3.1
A £250 security deposit is required to cover breakages and damages along with Identification details if this issue may arise. This will be charged 24 hours prior to check in. This will be refunded 1-2 days straight after the guest’s departure or quicker once the property has been inspected but may take 7 working days to reach your bank. Charges are only applied provided the following provisions aren’t met:

• No damage is done to property or its contents including towels, furniture, the property itself etc.
• No charges are incurred due to illegal activity or additional services rendered during the stay.
• All debris, rubbish and discards are placed in a rubbish bin inside the Lodge, and soiled dishes are cleaned.
• All keys are left in the keybox/keysafe and the accommodation is left locked and secure, all windows closed.
• Any charges accrued during the stay are paid prior to departure.
• No linens are lost, taken or damaged (e.g. burnt or make-up stains)
• No early arrival or late departure.
• No smoking within the lodges.
• The Guest is not evicted by the owner (or representative of the owner) or the local law enforcement.

Please note additional charges may apply to guests in breach of the house rules

4) CANCELLATION OR CHANGES TO YOUR BOOKING BY US

4.1
In the unlikely event, we have to cancel or make a change to your booking we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible, we will offer alternatives, but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation. Please note that any refunds due can only be made by the original payment method.  

4.2
We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disaster, fire, adverse weather conditions and all similar events outside our control.

4.3
If you wish to alter your booking, we will use our best efforts to accommodate your requirements, however, you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, we may charge, at our discretion, an amendment fee to cover the necessary administrative costs incurred. Please note that we cannot permit a transfer of a booking to another person or party. The existing booking will need to be cancelled in accordance with the terms as set out within this document and a new booking made.

4.4

If you want to cancel your booking, you must notify us as soon as possible and confirm this in writing. Provided the written notice of cancellation is received by us not less than 31 days before the start date of your holiday, only the Standard Deposit will be forfeited. If we receive less than 31 days notice but not less than 2 weeks’ notice, you will be liable to pay the total cost of the holiday. If we receive less than 2 weeks’ notice, you will be liable to pay the total cost of the holiday.

4.5
No refunds will be made for non-arrivals.

5) DEATH, PERSONAL INJURY OR LOSS OF PROPERTY

5.1
We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.

5.2
Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/transformer are a serious fire risk. Please ensure that all heated appliances are switched off and stored safely before leaving the property. Guests found to be in breach of this rule may be asked to leave with immediate effect.

5.3
You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.

5.4
Cars and their contents are parked at owners’ risk. Please ensure that cars are locked, and possessions are left out of sight.

5.5
Property left in the apartment will be disposed of by the cleaning company.

DEFAULT

If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary OR any of the rules are broken above or if security is called in order to remove the guest from the property.

6) AGREEMENT FOR OCCUPATION

6.1
The property manager permits the client to occupy the property, such occupation being by the guest personally only and to use the owners’ furniture and effects for the booking period. All visitors to the Lodge are the responsibility of the guest.

6.2
We reserve the right to refuse to accept any booking for whatever reason.

6.3
You may arrive at the lodge after 3 pm (except if it is stated differently) on the start day of your booking and, unless otherwise agreed, you must leave by 10 am on the last day or the agreed time.

6.4

On your day of departure, please leave your lodge in a good state of cleanliness, to include, sink and fridge to be left clean and empty, bedrooms and bathrooms to be left in a clean and tidy condition. We do have the right to charge up to £250 for any lodges left in a bad state. Many thanks for your help with this important matter. 

6.5
If you want to increase your length of stay then we will do everything possible subject to the availability of accommodation to find something suitable for you. Please note this may not always be possible.

6.6
If the number of people permitted to occupy a property is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to ask the excess occupants to vacate the property. We reserve the right to visit the property to ensure the number of guests on the booking is correct.

7) KEYS

7.1
Unless otherwise agreed, the owners/property manager will issue to the client or guest one set of keys to the property. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the client or guest £80.

7.2
If the guest locks him or herself out of the property and requires the owner’s or property manager’s assistance to re-enter the property, we reserve the right to charge an administration fee which is £40, this can vary on the time of the call out.

7.3
We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.

8) SERVICES

8.1
We cannot be held responsible for any failure or interruption to services to the property, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any of the lodges.

9) WIRELESS BROADBAND INTERNET AND HARDWIRE

9.1
Wireless Internet is usually available at our properties, however, the owners and property manager will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless internet is not a contractual provision. The managing agent does not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses.

10) MAINTENANCE CALL-OUTS

10.1
Should a guest or client report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided, we reserve the right to charge the guest for the maintenance call out fee/charge.

11) CLIENT/GUEST’S OBLIGATIONS

11.1

The client/guests will guarantee the following:

• Not to have any party in the property.
• Not to play loud music at the property.
• To keep the property clean and tidy all the time.
• When guests with small children occupy the property, the guest undertakes to provide all suitable childproofing safety equipment.
• Not to do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.
• Not to do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 11pm and before 7am can be reported to the local Council.
• Use the Property for holiday purposes only and not for any business use.
• Not make any alterations to the property.
• Indemnify and keep the owners fully and effectively indemnified against all losses, claims, demands, actions, proceedings, damages, costs of expenses or other liability or right arising in any way from this agreement.
• Not assign, underlet, sub-license, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
• Not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the owners’ furniture and effects.
• Not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow.
• Not leave the entrance door or windows to the property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the property or during bad weather.
• To take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. 
• Not change any lock to the property or have any duplicate keys made.
• To report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to desist from attempting to remedy such problem on their own.
• To use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
• Not to leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.
• Not to play ball games inside the property.
• To ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.
• To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The property manager accepts no liability for misuse of products supplied.
• Not to install any portable cooking appliances, camping stoves or similar items in the property.

12) PETS

12.1 

Well-behaved pets are welcome. We have a few simple rules relating to pets that we ask you to adhere to:

• Please keep all dogs on a lead around the lodges. While we appreciate your dogs may be friendly and well trained, some of our guests may not be as comfortable around animals.  
• Due to the right to protect their livestock, please be aware that a Farmer is within his rights to shoot a dog if it trespasses onto their land.
• Please ensure your pet is covered by appropriate third party liability insurance in case of damage / injury to other (or our) property or persons.
• If we, in our sole and reasonable discretion, consider your pet to be to be causing a nuisance, harm or threat to anyone or anything, or to be likely to do so, we may ask you to remove your pet from our location (without refund or compensation) or we may have it removed off-location at your expense.
• If one of our team members has a need to visit your cabin (e.g. if you have requested a maintenance engineer or similar) you must take your pet(s) out of the cabin or keep them in a different room while these visits take place and comply with any specific instructions provided to you.

12.2

When in your lodge, we request:

• No more than two pets may occupy any one lodge.  
• No pet is to be left unsupervised by you or alone in a lodge.
• Please do not allow pets on furniture or beds.
• Please remove all traces of pet fur or dirt at the end of your stay.
• Around our locations pets are to be kept under control at all times

12.3

For the protection of your dog, additionally, we request:

• They must be microchipped (as required by law)
• They have had current annual vaccination for distemper, canine hepatitis, leptospirosis and parvo virus

13) TERMINATION OF THIS AGREEMENT

13.1

This agreement may be ended by the property manager without notice:

13.1.1

If the accommodation fee is not paid according to the payment schedule or if the client is in breach of any of the conditions

13.1.2

If the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.

13.2

The managing agent may also terminate this agreement at any time on giving the client written notice.

13.3

The client will at the end of the holiday period leave all keys to the property in the key box/key safe.

14)  HEALTH AND SAFETY

14.1
We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest being asked to leave.

14.2
Guests should keep the property free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.

14.3
By making a booking and staying in one of our lodges you agree to abide by these terms and conditions.

15) HOT TUB USE IN LODGES

15.1

Please note that in order to maintain the best levels of hygiene, your hot tub may have been refilled on the day of your arrival. If this is the case, it may not be fully warm for comfortable use until the evening of your arrival.

15.2

We also guide you that:-

• No children under 4 years should use the hot tub and bathers under 16 must be accompanied by an adult.
• You should consult your doctor before use if you are receiving medical attention or have a long term illness.
• Avoid using the hot tub if you are under the influence of alcohol, have eaten a large meal, are pregnant, or are on medication. Only use the hot tub after seeking medical advice if you have a condition that is affected by heat for example, a heart condition or high or low blood pressure.
• No food, glass, liquids, pets, bubble bath or oils allowed as these may result in the hot tub having to be drained.
• You should get out of the tub if you start feeling unwell, uncomfortable, giddy or faint.
• We recommend for safe use that you remain in the hot tub for a maximum of twenty minutes at a time and have a rest period of between 10 and 20 minutes. Overuse will effect chemical balance and overall enjoyment.
• Please take care when getting in and out of the hot tub as the decking is slippery when wet. Please keep your voice down after 10pm and do not use the hot tub during a storm.   

If our usage guidelines are not followed or found to be abused, a warning and a £50 hot tub maintenance fee may apply. 

16) DATA PROTECTION POLICY

16.1
The property manager is required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. The managing agent fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.

We do not share this data with anyone, this is only for our security procedures & policy, all guests follow the same procedure.

17) COMPLAINTS

17.1
All complaints should be notified as soon as possible to the property manager and we will do our best to resolve them in a timely manner. Contact us via 0800 862 0883 or send us an email to bookings@elmescapes.com

17.2
If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our email address and we will use all reasonable efforts to resolve the matter as quickly as possible.

17.3
You can also complain to the booking agent you used for your reservation.

18) LAW

18.1
These conditions and terms of the contract and all matters arising therefrom are subject to the UK law and in the event of dispute; you will be subject to the exclusive jurisdiction of the courts of England.

19) YOUR RIGHTS

19.1
Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.

NOTE:
This property is not suitable for parties!

This is a breach of house rules & will result in immediate removal from the property and no refund, your deposit may be used towards extra costs in removing you. Please respect the guests staying in the other lodges. After 10pm the quiet times to be respected.

Any loud music, parties, smoking will also result in immediate removal from the Lodges.

EXTRAS:
If you require an extra night or wish to extend your booking, please contact us as soon as possible so that we can make sure the dates are available and book you in.

PARTY/NOISE NOTICE:

YOU WILL ONLY GET 1 WARNING AND THEN THE SECOND TIME WE WILL HAVE TO EVICT YOU FROM THE LODGE FOR ANY LOUD NOISE OR PARTIES.

YOU WILL NOT GET A REFUND OR YOUR DEPOSIT RETURNED IF THIS HAPPENS, AS YOU HAVE BEEN WARNED.

Between the hours of 10pm to 7am you must be quiet, we must respect the other guests staying in the other Lodges. 

For example:
Playing music from the TV with the volume at 100% certainly is not acceptable at 10pm in the night or 5 people shouting and singing loud at 1:00am in the morning etc.

We hope that you understand and respect the rules.

________________________________________________________________________________________________

Managing Agent: Stay Eden (Mill Race) Limited (Trading as Elm Escapes)

Email: bookings@elmescapes.com

Phone: 0800 862 0883 / 07501 143 806