Terms & Conditions

Ben & Holly’s Hideaways

 

Booking Terms and Conditions

 

Covid;

We offer a full refund if you are unable to take your holiday because there is either a national or local lockdown that overlaps with your holiday.  We don’t cover you for being ill with Covid, or having to self-isolate (unless we relet), other than under our normal cancellation terms, but this eventuality is covered on many bank travel insurance policies, and can also be covered by UK travel insurance, which we would strongly advise.

 

1. Definitions

When the following words with capital letters are used in these Terms, this is what they will mean:

1.1 Accommodation: means the period of time for which We provide Accommodation at the Property to You as set out in the Booking and agreed by Us.

1.2 Booking Charge: means this comprises the total cost of the Accommodation for the agreed duration and the agreed number of Guests staying and includes a Refundable Deposit.

1.3 Booking Confirmation Form: means the communication You will receive following Your Booking confirming Your arrival date, departure date, details of the Booking Charge and Your Refundable Deposit. The ‘Date of Arrival’ means the date shown on the Booking Confirmation Form as the commencement date of the Holiday Period. The ‘Date of Departure’ means the Departure Date referred to in the Booking Confirmation Form as the date on which You are required to vacate the Holiday Property. The ‘Holiday Period’ means the period from 4:00 pm on the Commencement Date to 10:00 am on the Departure Date.

1.4 Booking: means the Booking made by You either via the website, by telephone or email.

1.5 Deposit means 30% of the Booking Charge provided by You at the time of booking to secure Your booking

1.6 Refundable Deposit: means the monies provided by You and held by Us as a Refundable Deposit to be applied against the reasonable cost of miscellaneous repairs and/or replacement of the Property.

1.7 Event Outside Our Control: means any act or event beyond Our reasonable control, including without limitation, actions or omissions (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks [including where this effects house technology reliant on broadband integrated within the property], power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations.

1.8 Guests: the permitted number of Guests staying at the Property as outlined in the Booking Confirmation Form.

1.9 House Information: means the Property Information folders located within the Property and which provides information and contains manuals as to how to operate equipment in the Property.

1.10 Property: means Ty Pinc, The Tides ( or High Tide and Low Tide when rented separately ), Ty Stabl, all land, adjoining land and all fixtures and fittings.

1.11 Terms: mean the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to You.

1.12 We/Us: means the Property/ owners/ and Our authorised agents.

1.13 You/Your: means the person making the Booking and any Guests included in your booking.

1.14 Supplier: means an external service provider.

 

2. Nature of this Agreement

2.1 By making a Booking on Our website, by telephone or via email, You are entering into a legal agreement with Us.

2.2 We are providing You with Our agreement to use the Property and You agree to use the Property only in the manner as prescribed in these Terms and Conditions.

2.3 This Holiday Let is granted by the Owner to You for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to any form of statutory security of tenure either now or when the Holiday Period ends.

2.4 You agree to take full responsibility for the actions of all persons during Your stay.

 

3. Booking Charge

3.1 We reserve the right to increase or decrease the price of Accommodation at any time, however, we will confirm the price of Your stay at the time of Booking and this will not change.

3.2 The Booking Charge is comprised of the total cost of the Accommodation for the agreed number of nights for the agreed number of Guests staying and the Refundable Deposit.

3.3 You must pay 30% of the Booking Charge when placing the Booking with Us. This payment must be made via bank transfer or credit card. The remaining amount [including the Refundable Deposit] is payable no later than 42 days (6 weeks) prior to arrival. If You wish to pay by credit card this must be processed no later than 42 days (6 weeks) prior to arrival and must be for the full booking amount. After this date payment is only accepted via bank transfer to Our account. Please refer to Our cancellation terms.

3.4 Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement.

3.5 Any bank or transfer charges shall be borne by You.

3.6 Payment may only be made in the currency as shown in the Booking.

3.7 Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that You pay, however this will not affect the sum payable by you.

3.8 The remaining balance must be paid by bank transfer or credit card at least 42 days (6 weeks) before Your arrival date as specified on the Booking Confirmation Form.

3.9 Where a Booking is made less than 42 days (6 weeks) prior to the arrival date the entire Booking Charge is payable immediately when making the Booking. Payment will be accepted by bank transfer or credit/debit card.

3.10 If You do not pay Us for the Accommodation when You are supposed to, and by the accepted payment terms, access to Accommodation will not be permitted and We may cancel Your booking and terminate this contract.

3.11 When You submit the Booking to Us, via Our online reservations system, You will receive an automatically generated booking summary by email to the email address You provide in the booking form. This does not form a contract between us. A contract shall only arise when Your booking is subsequently confirmed in writing via a booking confirmation sent via email and subject to the payment of Your deposit. If We are unable to supply You with the Accommodation, We will inform You of this in writing and We will not process the Booking.

3.12 You confirm that You are over the age of 18.

 

4. Additional Services

4.1 If You require any additional services, You must advise Us prior to Your arrival and, where possible, We will introduce You to a list/contact details for You to enquire/access services directly from the companies/Suppliers.

4.2 The supply of and payment for additional services shall be subject to the Supplier’s terms and conditions.

4.3 We will not be liable for any monies owed by You to the Supplier for any additional services or for any damage or loss suffered by You as a result of the services provided by the Supplier.

4.4 For the avoidance of doubt We are not offering any advice about activities or Supplier concierge services. We are simply offering contact details.

 

5. The Refundable Deposit

5.1 The Refundable Deposit is £200 per stay per property, this must be paid no later than 42 days (6 weeks) prior to arrival along with Your balance payment by bank transfer or credit/debit card.

5.2 If when You leave there has been no damage caused, loss to any of Our Property and there has been full compliance with Our terms and conditions and policies We will arrange to refund You Your Refundable Deposit within 10 working days.

5.3 If when You leave, damage or loss has been identified to Our Property, We will deduct the Refundable Deposit by the appropriate amount. We will advise You in writing of the amount before making any deductions. The Refundable Deposit will be held by Us to be applied against the costs of miscellaneous repairs and/or replacement, excessive or incorrect use of facilities [including, but not limited to, telephones, internet, labour and administration time, and additional cleaning of furnishings, kitchen equipment [including BBQ and outdoor kitchen], damage to estate or land, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by You or other members of Your Party. A minimum charge of £20.00 per towel will be deducted from the Refundable Deposit in respect of each towel lost or damaged.

5.4 Where costs relating to damage exceed the Refundable Deposit, We will advise You in writing. You agree to pay Us the amount in excess once billed.

 

6. Information relating to Your stay

6.1 Check in time is any time after 4pm on the agreed scheduled arrival date on the Booking Confirmation Form.

6.2 If You require an earlier check in, this must be agreed in writing with Us when making the Booking.

6.3 You must check-out by 10am on the agreed scheduled departure date.

6.4 If You require a later departure, this must be agreed in writing with Us when making the Booking.

6.5 Failure to comply with the check-in and check-out periods will result in You being charged a further day’s charge. This will be deducted from the Refundable Deposit or otherwise.

6.6 Grocery deliveries must be arranged for after 5pm on the day of arrival.

6.7 You must inform Us of the number and names of Guests staying with You prior to Your arrival. This information must be provided in writing to Us. If any of Your guest numbers change You must inform Us immediately prior to Your arrival so that We can confirm Our agreement.

6.8 The maximum number of Guests permitted is the amount of guest listed on our website per property including Children, but excluding infants in a cot, unless agreed in writing prior to booking.

6.9 You must allow Us access to the Property at all reasonable times and, in the case of emergency, at all times with or without You being present.

6.10 No more than 2 dogs are permitted in any of the Properties at one time, any damage caused by Your dogs will be charged and deducted from Your Refundable Deposit. We charge £20 per stay for a maximum of 2 dogs. All dogs must be booked as an extra on our website.

6.10.1 Please do not leave children or pets alone or unsupervised in the property or in the grounds at any time during Your stay.

6.10.2 Pets are not permitted on the furniture nor beds at any time.

6.10.3 For the safety and comfort of Your dog We request that owners exercise due diligence at all times, especially where the property is located near a road/livestock/water/other pets in a neighbouring property and in such cases, You may need to keep Your dog on a lead. The property owner cannot accept responsibility for the safety of Your pet.

6.10.4 Dogs should be cleaned and dried off before entering the property after being outside.

6.10.5 In the interests of hygiene, health and safety and out of consideration for others it is important that You clean-up after Your pet immediately and dispose of any mess in a sanitary and responsible manner.

6.10.6 You are responsible for any damage caused by Your dog, whether inside or outside the property. If extra cleaning is required as a result of You having dogs in the property, this may be deducted from Your Refundable Deposit.

6.11 Smoking [including the use of vaping or electronic cigarettes] is strictly prohibited within all Properties.

6.12 Broadband internet access is offered in all Properties. Internet is provided on the basis that We cannot promise that the service will be available constantly and that it is used in a reasonable and responsible manner. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed, nor will We be liable for any form of compensation or expenses claimed by You or any guest in respect of the provision of internet services [and house technology integrated within the properties reliant upon internet to function properly] or telephone services not being available or failing.

6.13 We cannot accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services including WiFi and Internet [and house technology integrated within the property that relies upon internet to function properly], epidemic/pandemic, temporary invasion by pests and/or similar situations beyond the control of Us, either before the Commencement Date or during the Holiday Period. The guest is aware that internet speeds can be variable due to the rural location and local internet infrastructure and cannot seek compensation as a result of slow internet speeds or technology that is reliant upon internet to function properly.

6.14 No liability is accepted by Us for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Every effort will be made to keep You informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore, You are strongly advised to seek the latest information relating to access prior to setting off on Your journey. You are advised to take out comprehensive holiday insurance.

6.15 Where the Holiday Property has amenities such as hot tubs, spas, or other facilities, the use of these amenities are offered entirely at Your own risk and no responsibility can be accepted for injury, loss or damage to You or members of Your Party, except where We have breached a legal duty of care owed to You or a member of Your party or breached the terms. You must follow all instructions on using the hot tub or other facilities provided. These will be provided to You upon or prior to Your arrival and can also be found within the house folder.

6.16 We cannot accept responsibility for water shortages caused as a result of drought conditions, power cut, system failure or an act of omission of the relevant utility operator or any other cause outside the control of Us.

6.17 The flushing of wipes, sanitary products, any non-flushable items and the use of bleach-based cleaning products is prohibited in the Property.

6.18 We will issue You with a code to access the key box with one set of keys before Your arrival date and You must leave these in the property by 10am on Your departure date unless otherwise agreed when making the Booking.

6.19 The cost of Your Accommodation includes reasonable use of electricity, gas and oil. We reserve Our right to charge You for any excessive use of electricity, gas and oil where applicable.

6.20 All fires within the Property are gas fires. If You are in any doubt about how to use a gas fire, You must first refer to the House information folders or contact Us prior to use.

6.21 The cost of Your Accommodation includes Your use of linen and towels. Travel cots can be included but are subject to availability.

6.22 We will not be responsible for providing items such as food, drinks, loo roll, washing up liquid, dishwasher and washing machine powders except for what is provided within the welcome pack.

6.23 You acknowledge that Your personal property, including any objects, equipment, furniture, stock, or other property of any sort will remain under Your control and care whilst You use Our Properties, and that You are in the best position to insure such property, and accordingly it is reasonable for Us to exclude liability for such property to the extent excluded hereby.

6.24 We cannot accept responsibility for any equipment, provided by, for, or on behalf, that is left unattended to, during or after Your stay.

6.25 We will retain any items at the Property for a period of 28 days from the departure date. Items will be returned to You if requested at a cost of up to £20.00 plus postage and packaging. We do not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned. Postage and packaging costs will be deducted from Your Refundable Deposit.

6.26 The use of these amenities is on the basis that You use the same entirely at Your own risk and We accept no responsibility for injury, loss or damage to You or Your Guests and children must be accompanied at all times.

6.27 You are required to put refuse/recycling in the appropriate waste collection boxes in the back yards.

6.28 You must not use the Property for any other purpose than for a holiday [unless agreed in writing].

6.29 The Property may only be used for domestic accommodation purposes with no area being used for any form of event [unless agreed in writing].

6.30 No form of structure or marquee can be erected on the land without prior written consent from Us.

6.31 The Property and land must not be used for commercial or entertainment purposes.

6.32 You are not permitted to have any form of live entertainment including but not excluding DJ’s, musicians or a Live Band unless agreed in writing prior to Your Booking.

6.33 The use of smoke machines or similar devices is not permitted in any part of the Property.

6.34 You are not permitted to hold firework displays or release sky lanterns under any circumstances.

6.35 You must inform Us in writing, prior to making a booking, if You have any special requirements or needs so We can advise accordingly on whether We can meet Your requirements or needs.

6.36 The use of drones is not permitted on the grounds and any use of drones must be agreed in writing at the time of booking.

6.37 Booking of any services or activities at the Property should be with the full knowledge and permission of Us.

6.38 Supplementary Terms for COVID-19. Please also refer to cancellation terms.

* All guests travelling must be free of Coronavirus and not in a period of self-isolation.

* Any guest with Coronavirus should not check in to the house.

* Any guest developing symptoms should leave the Property immediately to self-isolate at their own home. Should any guest attempt to self-isolate at the property all costs and compensations will be borne by You.

* Maintenance inside the house will be limited to emergency work only.

6.39 We have a manager/gardener on site 5 days a week, under no circumstances can he be denied access to the lands/grounds surrounding all the properties.

6.40 The parking areas around the properties are communal and we ask all guests to park within the area provided for their property and nowhere else.

6.41 Under no circumstances can we be held responsible for any damage occurred while parking or driving on site of benandhollyshideaways.

6.42 All parking in the private parking bays is at the Guest’s own risk.

6.43 Use of the EV car chargers is at the guest(s) own risk and we can not be held responsible for any kind of damage or faults incurred from using the EV car charger.

 

7. Damage and Replacing Items

7.1 You shall ensure that there is no damage or interference caused to any of the fire extinguishers or any other safety products except in case of an emergency. If any damage is caused this must be reported immediately in writing.

7.2 When You are Booking the property/properties You do so on the understanding that the cost of replacing damaged or lost items/Property will be charged to You at the current rate of replacement.  Where items are no longer available, You agree to replacement of items to be with an item of similar quality.

7.3 When You arrive at the Property, if You identify any damage it is important You notify Us immediately upon arrival in writing by email. If You do not, when You leave the Property, We could charge You for the damage as it will be assumed that You caused it. If no report of damage is made upon arrival You are accepting the condition of the property as per the inventory and inspection check carried out by Housekeeping team prior to Your arrival and You are responsible for any damage/labour costs as a result of Your stay.

7.4 During Your period of stay, You shall take all reasonable precautions to ensure that no damage occurs to the Property.

7.5 You are not allowed to fix any items to the floors, walls or ceilings or any other interior part of the Property by means of nails, screws, drawing pins, Sellotape, tape, glue or staples or any other means unless agreed in writing with Us prior to the Booking.

7.6 Where there is damage or loss caused to the Property You will be responsible for the replacement of the same. Where the sourcing of items takes longer than a reasonable period of time, then We reserve Our right to charge an additional administration fee.

7.7 Any damage or loss caused must be reported immediately in writing by email.

7.8 We will then acknowledge Your email and where required advise You of the replacement costs.

7.9 If You lose Your set of keys You must contact Us immediately.

 

8. Conduct

8.1 You must refrain from any conduct or behaviour that would bring Us, its owners and its agents any disrepute or cause discomfort / risk to others.

8.2 You are responsible for all of Your Guests and must ensure they also comply with these Terms and Conditions.

8.3 You must not do anything that may reasonably be considered to cause a nuisance or annoyance to Us or to any other occupier of the neighbourhood.

8.4 You must not cause any noise that may reasonably be considered to be excessive or a nuisance to neighbours at any time. Complaints from neighbours may result in Us deducting up to £200 from Your Refundable Deposit or (in the case of persistent noise) removal from the Property before Your booked check-out date, for which there would be no compensation.

8.5 You must not carry out or permit any act that would make any insurance policy on the Property void or voidable or increase the premium [including over-occupancy of the Property].

8.6 You must keep and leave the Holiday Property and furnishings, kitchen equipment [including BBQ], estate and land, crockery, glasses, bedding and towels in good condition and be responsible for repairing any damage pursuant to Clauses in these terms and conditions.

 

9. General Booking Conditions

9.1 By acceptance of these conditions, You indemnify Us against any loss, claim, damage, costs or expenses suffered by or made against Us however and by whomsoever caused (including but not limited to the negligence by You, Your servants or agents) arising from Your Booking subject to the extent to which such loss, claim, damage, costs or expenses arise wholly or in part from negligence on Our part.

9.2 Nothing in this agreement confers any right on any person (other than Parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.

9.3 Nothing in this agreement shall create a partnership or establish a relationship of principal or agent or any other fiduciary relationship between the Parties.

9.4 No variation of this agreement shall be valid or effective unless it is in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each Party.

9.5 No party may assign, subcontract or encumber any right or obligation under the agreement, in whole or in part, without the other party’s prior written consent.

9.6 We both agree that all communications made in connection with this agreement shall be made electronically or in writing.

9.7 This agreement sets out the entire agreement and understanding between Us and You in connection with the services (except for any terms and conditions which may be contained in any future agreement to be made between Us and You.

9.8 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

 

10. Legal Rights

10.1 As a consumer, You have legal rights in relation to Accommodation not offered to You with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

11. Our Liability to You

11.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.

11.2 We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If You do wish to use the Property for a commercial purpose, please contact Us.

11.3 We do not exclude or limit in any way Our liability for:

 

death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession);

breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

Defective products under the Consumer Protection Act 1987.

11.4 We do not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.

11.5 Whilst We keep Our illustrations, photographs and other imagers as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.

 

12. Cancellation Policy & Applicable Refund

12.1 If You wish to cancel Your Booking You must notify Us in writing by email immediately of Your wish to cancel.

12.2 Whilst we will try Our hardest to accommodate any changes You might wish to make, if this is not possible, We will charge You as per the Schedule below.

12.3 If You cancel Your Booking please refer to the following Schedule:

If You cancel Your booking within seven days of receiving Our written confirmation, We will refund the balance of any money You have paid Us.

For cancellations made after 7 days of booking and 60 days prior to arrival 100% of the Deposit will be retained.

For cancellations made within 60 days of the scheduled arrival date there will be no refund of the total cost of the Accommodation given.

Any bookings cancelled after the 7-day cooling off period, We will return the total cost of the Accommodation in the event of the property re-booking for the same price.  If We book the property at a lesser price, We will retain the difference.

You will be reimbursed on the original check-out date of original booking.

All cancellations will be subject to a £60 administration fee.

12.4 We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptly contact You if this happens.

12.5 If We have to cancel a Booking under clauses 12.4 and You have made any payment in advance for Accommodation that have not been provided to You, We will refund these amounts to You.

12.6 If, for any reason, We are unable to offer the Property to You for the duration of the Accommodation then We shall use reasonable endeavours to find suitable alternative accommodation to you.

12.7 If, under clause 12.6, We are unable to find suitable alternative accommodation then We may cancel the Booking and shall refund any fees paid to Us in accordance with the Booking.

12.8 We may cancel the contract for Accommodation at any time with immediate effect by giving You written notice if:

12.8.1 If You or Your guests are in quarantine and/or unable to travel due to illness. This will be treated as a normal cancellation and You should claim on Your own travel insurance. No transfer or refund will be offered.

12.9 You break the contract in any material way.

 

CANCELLATION BY US

12.10 If Our performance is hindered or prevented by a Force Majeure Event (please see definition below), We may, at Our sole discretion, offer you:

12.11 a full refund; or

12.12.1 a credit note to the value for use against alternative dates; or

12.12.2 such other remedy as We consider appropriate with regard to the circumstances.

12.13 In this contract, a Force Majeure Event means any of the following circumstances which may hinder or prevent the performance of the contract, including but not limited to:

acts of God, flood, drought, earthquake or other natural disaster;

epidemic or pandemic;

terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

nuclear, chemical or biological contamination or sonic boom;

any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent;

collapse of buildings, fire, explosion or accident;

any labour or trade dispute, strikes, industrial action or lockouts;

non-performance by suppliers or subcontractors; and

interruption or failure of utility service (not including provision of internet services at the property).

 

13. Events Outside Our Control

13.1 We will make every effort to make the Accommodation available to You on time. However, there may be delays due to an Event Outside Our Control.

13.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

13.3 Some of Our sites contain links to third party sites and resources. We have no control over the content of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from Your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.

13.4 No liability is accepted by Us for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Every effort will be made to keep You informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore, You are strongly advised to seek the latest information relating to access prior to setting off on Your journey. You are advised to take out comprehensive holiday insurance.

13.5 Where the Holiday Property has amenities such as hot tubs, spas or other facilities, it is understood that there may be occasions where these facilities may not available for all/part of Your stay due to circumstances out of Our control. We cannot accept responsibility or pay any compensation where the Holiday Let is frustrated in these circumstances.

 

 

14. Information about us and how to contact Us

14.1 Within the Property and on Our website You will be able to access Guest Information folders. These contain important information relating to Your stay. It is imperative that You familiarise yourself with the equipment at the Property using these folders because they contain information such as how to operate the cooker and hot tub.

14.2 Details of the Property given in Our website are accurate at the time of publishing. We reserve the right to make alterations to Our website at any time. Whilst We keep Our illustrations, photographs and other imagers as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.

14.3 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Us on 07837767272, using the online contact form or by emailing info@benandhollyshideaways.com. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by using the online contact form or email info@benandhollyshideaways.com. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in the Booking.

14.4 If You experience any difficulties during Your stay please contact Us on the number provided above and follow up by sending Us an email. Important service provider numbers are available for You to obtain from the Booking Confirmation Form, and property information folders within the Property.

14.5 Where You are experiencing any problems, We will arrange to come to the Property. If however We are called out and identify no problems or are called out unreasonably, then We will charge a call out charge of up to £100 per hour. This will be deducted from Your Refundable Deposit.

 

15. How we may use your Personal Information

15.1 We will use the personal information You provide to Us to:

provide the Accommodation;

for anti-fraud measures;

provide additional services through third parties to You as requested within the Booking;

process Your payment for Accommodation; and

inform You about similar products or services that We provide. You may stop receiving these at any time by contacting Us.

15.2 We will not give Your personal data to any third party [other than clause 15.3] unless You have requested additional services to be provided during Your Accommodation, in which case the parties providing those services will be provided with Your personal data, where necessary.

15.3 As We are a member of Premier Cottages Limited, which is a professional collective of independent luxury cottage owners, We may provide Your details to them so that they can contact You for feedback about Your stay and also provide You with any information relating to similar services. If You do not wish for them to contact You. You may unsubscribe from this service at any time.

 

16. CCTV

1. POLICY STATEMENT
We have assessed that security cameras and Closed-Circuit Television (CCTV) and other surveillance systems have a legitimate role to play in helping to maintain a safe and secure environment for all our staff and visitors. However, we recognise that this may raise concerns about the effect on individuals and their privacy. This policy is intended to address such concerns. Images recorded by surveillance systems are personal data which must be processed in accordance with data protection laws. We are committed to complying with our legal obligations and ensuring that the legal rights of our visitors and staff, relating to their personal data, are recognised and respected.
2. DEFINITIONS
For the purposes of this policy, the following terms have the following meanings:
CCTV fixed and domed cameras designed to capture and record images of individuals and property.
Data information which is stored electronically, or in certain paper-based filing systems. In respect of CCTV, this generally means video images. It may also include static pictures such as printed screen shots.
Data subjects all living individuals about whom we hold personal information as a result of the operation of our CCTV (or other surveillance systems).
Personal data data relating to a living individual who can be identified from that data (or other data in our possession). This will include video images of identifiable individuals.
Data controllers the people who, or organisations which, determine the manner in which any personal data is processed. They are responsible for establishing practices and policies to ensure compliance with the law. We are the data controller of all personal data used in our business for our own commercial purposes.
Data users those of our employees whose work involves processing personal data. This will include those whose duties are to operate CCTV cameras and other surveillance systems to record, monitor, store, retrieve and delete images. Data users must protect the data they handle in accordance with this policy and our Privacy Policy.
Data processors any person or organisation that is not a data user (or other employee of a data controller) that processes data on our behalf and in accordance with our instructions (for example, a supplier which handles data on our behalf).
Processing any activity which involves the use of data. It includes obtaining, recording or holding data, or carrying out any operation on the data including organising, amending, retrieving, using, disclosing or destroying it. Processing also includes transferring personal data to third parties.
Surveillance systems any devices or systems designed to monitor or record images of individuals or information relating to individuals. The term includes CCTV systems as well as any technology that may be introduced in the future such as body worn cameras, unmanned aerial systems and any other systems that capture information of identifiable individuals or information relating to identifiable individuals.
3. ABOUT THIS POLICY
3.1 We currently use CCTV cameras to view and record individuals on and around our Property. This policy outlines why we use CCTV on our Property, how we will use CCTV and how we will process data recorded by CCTV cameras to ensure we are compliant with data protection law and best practice. This policy also explains how to make a subject access request in respect of personal data created by CCTV.
3.2 We recognise that information that we hold about individuals is subject to data protection legislation. The images of individuals recorded by CCTV cameras in the workplace are personal data and therefore subject to the legislation. We are committed to complying with all our legal obligations and seek to comply with best practice suggestions from the Information Commissioner’s Office (ICO).
3.3 This policy covers all guests and visitors of the Property, our staff and contractors. It may also be relevant to visiting members of the public.
3.4 The policy will be regularly reviewed to ensure that it meets legal requirements, relevant guidance published by the ICO and industry standards.
4. PERSONNEL RESPONSIBLE
Ben & Holly’s Hideaways has overall responsibility for ensuring compliance with relevant legislation and the effective operation of this policy. Day-to-day management responsibility for deciding what information is recorded, how it will be used and to whom it may be disclosed has been delegated to on site managerial staff.
5. REASONS FOR THE USE OF CCTV
We currently use CCTV around our site as outlined below. We believe that such use is necessary for legitimate business purposes, including:
5.1.1 to prevent crime and protect buildings and assets from damage, disruption, vandalism and other crime;
5.1.2 for the personal safety of guests, staff, visitors and other members of the public and to act as a deterrent against crime;
5.1.3 to support law enforcement bodies in the prevention, detection and prosecution of crime;
5.1.4 to assist in day-to-day management, including ensuring the health and safety of guests, staff and others;
5.1.5 in relation to employees and workers, to assist in the effective resolution of disputes which arise in the course of disciplinary or grievance proceedings; and
5.1.6 to assist in the defense of any civil litigation, including employment tribunal proceedings.
This list is not exhaustive and other purposes may be or become relevant.
6. MONITORING
6.1 CCTV monitors areas within the boundary of the Property 24 hours a day and this data is continuously recorded.
6.2 Camera locations are chosen to minimise viewing of spaces not relevant to the legitimate purpose of the monitoring. As far as practically possible, CCTV cameras will only cover entry and exist points, communal and public areas of the Property and will not focus on private spaces which are to be enjoyed by guests. Under no circumstances shall CCTV be installed in, or otherwise focus on, toilets, shower facilities, swimming pool areas, changing rooms, bedrooms or private offices or staff resting areas.
7. HOW WE WILL OPERATE ANY CCTV
7.1 Where CCTV cameras are placed at the Property, we will ensure that signs are displayed at the entrance of the surveillance zone to alert individuals that their image may be recorded. Such signs will contain details of the organisation operating the system, the purpose for using the surveillance system and who to contact for further information, where these things are not obvious to those being monitored.
7.2 Live feeds from CCTV cameras will only be monitored where this is reasonably necessary, for example to protect health and safety.
7.3 We will ensure that live feeds from cameras and recorded images are only viewed by approved members of staff whose role requires them to have access to such data. This may include HR staff involved with disciplinary or grievance matters.
8. USE OF DATA GATHERED BY CCTV
8.1 In order to ensure that the rights of individuals recorded by the CCTV system are protected, we will ensure that data gathered from CCTV cameras is stored in a way that maintains its integrity and security. This may include encrypting the data, where it is possible to do so.
8.2 Given the large amount of data generated by surveillance systems, we may store video footage using a cloud computing system. We will take all reasonable steps to ensure that any cloud service provider maintains the security of our information, in accordance with industry standards.
8.3 We may engage data processors to process data on our behalf. We will ensure reasonable contractual safeguards are in place to protect the security and integrity of the data.
9. RETENTION AND ERASURE OF DATA GATHERED BY CCTV
9.1 Data recorded by the CCTV system will be stored digitally using a cloud computing system. Data from CCTV cameras will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information. Exactly how long images will be retained for will vary according to the purpose for which they are being recorded. For example, where images are being recorded for crime prevention purposes, data will be kept long enough only for incidents to come to light. We will maintain a comprehensive log of when data is deleted.
9.2 At the end of their useful life, all images stored in whatever format will be erased permanently and securely. Any physical matter such as tapes or discs will be disposed of as confidential waste. Any still photographs and hard copy prints will be disposed of as confidential waste.
10. USE OF ADDITIONAL SURVEILLANCE SYSTEMS
10.1 Prior to introducing any new surveillance system, including placing a new CCTV camera in any workplace location, we will carefully consider if they are appropriate by carrying out a privacy impact assessment (PIA).
10.2 A PIA is intended to assist us in deciding whether new surveillance cameras are necessary and proportionate in the circumstances and whether they should be used at all or whether any limitations should be placed on their use.
10.3 Any PIA will consider the nature of the problem that we are seeking to address at that time and whether the surveillance camera is likely to be an effective solution, or whether a better solution exists. In particular, we will consider the effect a surveillance camera will have on individuals and therefore whether its use is a proportionate response to the problem identified.
10.4 No surveillance cameras will be placed in areas where there is an expectation of privacy (for example, in changing rooms) unless, in very exceptional circumstances, it is judged by us to be necessary to deal with very serious concerns.
11. COVERT MONITORING
11.1 We will never engage in covert monitoring or surveillance (that is, where individuals are unaware that the monitoring or surveillance is taking place) unless, in highly exceptional circumstances, there are reasonable grounds to suspect that criminal activity or extremely serious malpractice is taking place and, after suitable consideration, we reasonably believe there is no less intrusive way to tackle the issue.
11.2 In the unlikely event that covert monitoring is considered to be justified, it will only be carried out with the express authorisation of Ben & Holly’s Hideaways. The decision to carry out covert monitoring will be fully documented and will set out how the decision to use covert means was reached and by whom. The risk of intrusion on innocent workers will always be a primary consideration in reaching any such decision.
11.3 Covert monitoring will only be carried out for a limited and reasonable period of time consistent with the objectives of making the recording and will only relate to the specific suspected illegal or unauthorised activity.
12. ONGOING REVIEW OF CCTV USE
We will ensure that the ongoing use of existing CCTV cameras at the Property is reviewed periodically to ensure that their use remains necessary and appropriate, and that any surveillance system is continuing to address the needs that justified its introduction.
13. REQUESTS FOR DISCLOSURE
13.1 We may share data with other group companies and other associated companies or organisations, for example shared services partners where we consider that this is reasonably necessary for any of the legitimate purposes set out above in paragraph 5.
13.2 No images from our CCTV cameras will be disclosed to any other third party, without express permission being given by Ben & Holly’s Hideaways. Data will not normally be released unless satisfactory evidence that it is required for legal proceedings or under a court order has been produced.
13.3 In other appropriate circumstances, we may allow law enforcement agencies to view or remove CCTV footage where this is required in the detection or prosecution of crime.
13.4 We will maintain a record of all disclosures of CCTV footage.
13.5 No images from CCTV will ever be posted online or disclosed to the media.
14. SUBJECT ACCESS REQUESTS
14.1 Data subjects may make a request for disclosure of their personal information and this may include CCTV images (data subject access request) in accordance with our Privacy Policy.
14.2 In order for us to locate relevant footage, any requests for copies of recorded CCTV images must include the date and time of the recording, the location where the footage was captured and, if necessary, information identifying the individual.
14.3 We reserve the right to obscure images of third parties when disclosing CCTV data as part of a subject access request, where we consider it necessary to do so.
15. COMPLAINTS
15.1 If you have questions about this policy or any concerns about our use of CCTV, then they should speak to Ben & Holly’s Hideaways in the first instance.
16. REQUESTS TO PREVENT PROCESSING
We recognise that, in rare circumstances, individuals may have a legal right to object to processing and in certain circumstances to prevent automated decision making (see Articles 21 and 22 of the UK General Data Protection Regulation). For further information regarding this, please contact Ben & Holly’s Hideaways.

 

17. Other Important Terms

17.1 We will provide You with comprehensive arrival and house instructions for Your reference. These guides will contain all the information required to enjoy Your stay. In the interests of security, You agree to keep such sensitive information confidential and will not print or discuss the contents with anyone not included in the booking party.

17.2 This contract is between You and Us. However, You acknowledge that the Owner may enforce any and all of the terms of this agreement against you.

17.3 Except as otherwise outlined in this agreement, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as listed in the Booking may enjoy the Accommodation.

17.4 Each of the paragraphs of these Terms 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.

18. Electrical Vehicle Charging Policy
18.1. About this policy

18.1.1 This policy sets out how Electric Vehicles (EV) should be recharged while at the Property and the responsibilities of EV owners in respect of safe charging.
18.1.2 Any reference to “Property” in this policy is a reference to the Property including any garden, grounds, outbuildings, garages or communal spaces.
18.1.3 This policy forms part of our contract with you. A breach of this policy will constitute a breach of the contract between us.
18.2. Who does this policy apply to?

18.2.1 This policy applies to all members of the Booking Party and such other visitors of the Property. It shall be the responsibility of the Lead Guest to inform all members of the Booking Party and any visitors of this policy.
18.3. What is an Electric Vehicle?

18.3.1 For the purpose of this policy an EV is any vehicle that uses electric motors, either fully or partially, to drive its wheels. It will derive some or all its power from rechargeable batteries which requires connection to the electricity grid (plug-in). This includes fully chargeable and plug-in hybrid cars, motorbikes, buggies, scooters, mopeds, bicycles, utility vehicles and tracked vehicles.
18.4. Domestic chargers are not permitted at the Property

18.4.1 Most EVs are supplied with a domestic charger, commonly known as a ‘granny charger’ or a ‘trickle charger’. These cables recharge the EV using a domestic power source via a 3-pin wall socket.
18.4.2 Domestic chargers are not suitable for use in the Property and will create a fire hazard. The use of domestic chargers is strictly forbidden.
18.4.3 We retain the right to carry out reasonable inspection, on a without notice basis, to ensure that granny chargers are not in use in the Property.
18.4.4 You are solely liable for any damage or loss suffered by us as a result of your unauthorised use of domestic chargers.
18.5. Dedicated charging points
18.5.1 [The Property has 2 dedicated charge points located in the parking area (DCP).It is the user’s sole responsibility to supply a suitable charging cable to avail of the DCP.
18.5.2 DCPs are exclusively for the use of the Booking Party, our staff and approved contractors. Visitors to the Property who do not comprise the Booking Party are not permitted to use the facilities without our express permission.
18.5.3 DCPs are subject to fair usage and the following energy consumption charges:
£50 per week and/or £25 per weekend

such charges shall be applied to the Booking and must be settled with the balance payment of the booking in accordance with the Guest Terms.
18.5.4 You must not:
(a) use a DCP if you are not authorised to do so;
(b) use any splitting cables or modify the DCP in any way;
(c) smoke in the vicinity of any DCP;
(d) use the DCP for any commercial EV such as a taxi, ridesourcing or ridesharing EV (such as Uber, Lyft or similar services); delivery or transport EVs including buses or for any other commercial venture;
(e) occupy a DCP once charging of the EV is complete or once your fair usage period in accordance with the table at 5.3 ends. We reserve the right to charge a reasonable fee where you fail to remove your EV from the DCP.
18.5.5 DCP spaces must not be occupied, or access impeded, by non-EV Vehicles or EV vehicles not using the DCP for charging purposes.
18.5.6 We do not guarantee the availability of a DCP and unavailability of the DCP shall not constitute a breach of our Guest Terms.
18.5.7 Authorisation for the use of a DCP during your Stay must be made prior to Booking. We reserve the right to withdraw this authority at any time and for any reason.
18.5.8 Use of the DCP is at the owner’s own risk and we do not accept any liability for loss or damage sustained by you or your EV as a result of using the DCP unless the damage was caused directly by our negligence.
18.5.9 You shall be responsible to us for any damage to the DCP or loss suffered by us caused by your use of the DCP.