Terms & Conditions

Howscales Cottages Booking Terms and Conditions Contract

The contract for a short-term holiday rental will be between the Owners of Howscales Cottages
(referred to as “us” or “we”) and the person making the booking (referred to as “you”). UK law will govern the Contract.

The contract becomes effective when the deposit has been paid and processed, and you have received a booking confirmation.

The contract will be subject to the following booking conditions and must be complied with. The party leader must be at least 18 years of age at the time of booking. The contract binds you and all the members of your party. It is your responsibility to ensure that all members of your party accept the terms of the contract set out in these terms & conditions of booking.

Pricing and Payment
A deposit of £100 per holiday cottage is payable when making the booking, unless you are booking within 6 weeks of the start of your holiday, in which case the whole cost is payable. We will send you a confirmation, by email, upon receipt of this deposit.

The balance of the rental will be due for payment 6 weeks before the start of your holiday. We will send you a reminder 1 week prior to the balance being due. The balance should be paid by the due date. We reserve the right to cancel a holiday where payment has not been made by the due date.

Payment can be made by debit card, credit card, bank transfer or by cheque made payable to E A Cave.

Numbers in Group
The number of persons occupying the holiday accommodation must not exceed the maximum occupancy for that holiday cottage, as stated on our website, or the number provided by you at the time of making the booking.

If the number of persons occupying does exceed the maximum occupancy for that holiday cottage or the numbers provided by you at the time of making the booking, then the additional persons will not be permitted to stay and if they continue to do so, we may enter the holiday cottage and require you and/or your party to vacate the holiday cottage. If we take this step the booking and hire period shall be cancelled with immediate effect and you (and anybody within your party) shall not be entitled to a refund or any compensation for any reason due to the hire period coming to an end early.

Dogs
We allow well behaved dogs at all of our holiday cottages, but only when they have they been booked in and paid for (£20 per dog, per stay, per cottage entered). Maximum dog occupancy is different for each cottage, so it is essential that dogs are correctly included at the time of making the booking.

If you or anybody within your party brings a dog with them without having agreed this with us at the time of making the booking or at least 14 days before the start of the hire period then:-

you will be required to pay an additional sum; or

we may enter the holiday cottage and require you and/or your party occupying the holiday cottage to vacate the holiday cottage. If we take this step the booking and hire period shall be cancelled with immediate effect and you (and anybody within your party) shall not be entitled to a refund or any compensation for any reason due to the hire period coming to an end early.

In order to maintain our Four Star Gold Cottages for everyone to enjoy, it is necessary that guests bringing dogs agree to abide by the following rules:

dogs must be house and toilet trained;
dogs must not be allowed on any of the furniture within the holiday cottage;
dogs must be wiped down if wet and muddy to prevent muddy paws throughout the cottage;
dogs must not be left unattended in the holiday cottage (including any garden) at any time without the prior agreement of us;
dogs must be under strict control at all times;
Please ensure your dogs do not worry the sheep in neighbouring fields, they are our neighbours and we do not want to upset them;
you must clear up any fouling on gardens or grounds without delay.

Whilst the shared garden and Inglewood cottage’s garden is enclosed it does not mean that it is ‘escape-proof’ for dogs. Entry to the courtyard is open from the road, with only a cattle grid as an escape deterrent.

If you or anybody within your party fails to abide by the rules the hire period may be cancelled with immediate effect.

Use of Holiday Cottage
You must not use the holiday cottage except for the purpose of a holiday during the hire period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.

You must not use the holiday cottage or the site for any illegal, dangerous, offensive, noxious or noisy activities or behave in a way that may be a nuisance or annoyance to us, other guests or our neighbours. Howscales is set in a tranquil environment and we ask that you respect that and our other guests. As such, the playing of music, singing or other excessive noise that can be heard outside of your holiday cottage after 9pm is not permitted.

You must not use the holiday cottage for any commercial purpose or to sublet it or otherwise allow anyone to stay in it without agreeing this with us.

We can refuse to allow you and/or your party into the holiday cottage or ask you and/or your party to leave if we reasonably believe that you or any member of your party (or any other person) they have invited to the holiday cottage is behaving or has behaved illegally or antisocially or that damage has been, is being or is likely to be caused. If we take this step the booking and hire period shall be cancelled with immediate effect.

Arrival and departure
You may access the property from 16.00 on the day of arrival (earlier arrivals are strictly by arrangement only). Please note that departure is by 10.00 on your final day (again, later departures are strictly by arrangement only).

During the current Corona virus pandemic, where enhanced cleaning procedures are necessary, access to the cottage will be from 18.00 and departure is by 09.30.

On departure, you are requested to leave the accommodation in a clean and tidy condition. This includes stripping the beds, washing up, and emptying all rubbish and re-cycling into the outside bins and re-cycling containers.

Care of the Property
You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair and in the same clean and tidy condition at the end of the rental period as at the beginning.

Damage, Breakages and Loss
You are legally bound to reimburse us for all damage, breakages or loss caused by you and/or your party and/or dogs during the hire period. However, we do understand that accidents happen and therefore will exercise discretion for lower value items. In all scenarios we do ask that you please let us know as soon as reasonably practicable and where possible before the end of the hire period so that we can sort a replacement.

If during the hire period we are concerned about the extent of any damage or breakages then we have the right to enter the holiday cottage and require you and all those within your party to vacate the holiday cottage. If we do take this step then the booking and hire period shall be cancelled with immediate effect and you (and anybody within your group) shall not be entitled to a refund or any compensation for any reason due to the hire period coming to an end early.

If you lose a key, we will replace it upon you paying for the cutting of a new one.

Smoking
Smoking is not allowed in any of the cottages. If you wish to smoke outside, please let us know, and we will provide you with a suitable container. Please do not discard cigarette butts in the garden or grounds.

The Accommodation

Description
We make every effort to ensure that the description of the holiday accommodation (as it appears on our website) is accurate and up to date.
The exteriors, furniture and furnishings of the holiday accommodation may differ from the photographs on our website.

Where any material changes are made to the holiday cottage after the date of the booking we will notify you with immediate effect. In such circumstances both us, and you, have the option to cancel if the changes are so significant that they would be detrimental to your stay. You will be refunded in full under such circumstances.

Facilities and Services Provided
Occasionally problems mean that some facilities or services are not available or may be restricted. If this happens, we will inform you as soon as reasonably practicable after we become aware of the situation.

Third Party Attractions
We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website or elsewhere.
General maintenance
Grass cutting, gardening, window cleaning and maintenance works etc will from time to time be carried out during the hire period. We will always try to ensure that such works are carried out with the least disruption to you and your party as far as reasonably possible.

Old Properties
Old Cottages are prone to damp patches during wet or humid weather, and to condensation on walls. These problems can be alleviated by ventilating the property.

Cots, High Chairs and stair gates
You should inform us if you require a cot and /or high chair and/or stair gate when making the booking. These are allocated on a first come, first served basis and we will confirm whether these will be available. These items are for a small child aged under 24 months old.

Bed Linen, Cot Linen and Towels
Bed linen and towels are provided, but cot linen is not provided.

Changing a Booking
If you wish to change any detail of a booking you should contact us to make a request. We cannot guarantee that the request will be granted, but we will always try.

You may have to pay any costs incurred in accommodating the change. We will let you know what these costs will be before confirming the change.

Cancellation
Cancellation by You;

Cancellations must be immediately notified to us and confirmed in writing. On receipt of the notice we shall re-advertise the holiday accommodation as available to let on our website and social media channels.

The treatment of a cancellation will depend on:

• the date the booking was made
• the length of time between cancellation and your booked arrival date
• the reason for the cancellation
• whether we are able to re-let the property

National Lockdown – In the event of a national lockdown that coincides with your holiday, where you are unable to travel, and we are prevented from opening, you will receive a full refund.

Regional/Local Lockdown – In the event that the address given on the booking is put into Local/Regional Lockdown, rendering you unable to travel, and the period of restriction covers the period of your booking, you will receive a full refund. Please note that this applies only to the address given on the booking by you, and does not apply if an unidentified party member at a different address is unable to travel due to local lockdown.

Your inability (or the inability of any, some or all of your party) or disinclination to travel to and stay at your hired holiday cottage for any reason, including, but not limited to, illness (including Covid), a requirement or recommendation to self-isolate or quarantine, a call to jury duty, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport, does not give rise to a right to cancel or to receive a refund unless we re-let the property, other than according to the sliding scale below.

Travel Insurance
You are strongly recommended to take out UK travel insurance to cover you should you need to cancel your booking. If you choose not to take out UK travel insurance, then you accept responsibility for any loss that you may incur due to your cancellation.

Covid is also now a known risk and it is possible for you to insure your holiday against it. This can include the customer or any of the party having Covid, the customer or any of the party having to isolate or quarantine, or you wishing to shield any Members of the party.

Refunds
All refunds will be subject to deduction of a non-refundable administration fee of £40 to cover our admin costs, remarketing costs and bank fees.

Part Cancellations – If any person(s) in your party needs to cancel, this will not affect the total cost of your booking. In addition, no refunds are payable in the event that you cut short your stay.

Refunds for cancellations more than 6 weeks out will be made within 3 working days of the date of cancellation, which must be in writing (by email).

Refunds for cancellations made less than 6 weeks out will be made within 3 working days of the earlier of the rebooking date, or the start date of the holiday (as the refund amount will depend on the rebooking value).

If we manage to re-book your holiday cottage then you will receive a refund of the rebooking value, less £40 admin fee.

If we are unable to re-book your holiday cottage then you will receive a refund as follows:

• If notice of cancellation is received more than 6 weeks prior to your arrival – we will refund you your deposit less £40 admin fee.
• If notice of cancellation is received between 5 and 6 weeks prior to arrival – we will refund you 50% of the total paid less £40 admin fee.
• If notice of cancellation is received between 4 and 5 weeks prior to arrival – we will refund you 40% of the total paid less £40 admin fee.
• If notice of cancellation is received between 3 and 4 weeks prior to arrival – we will refund you 30% of the total paid less £40 admin fee.
• If notice of cancellation is received between 2 and 3 weeks prior to arrival – we will refund you 20% of the total paid less £40 admin fee.
• If notice of cancellation is received between 1 and 2 weeks prior to arrival – we will refund you 10% of the total paid less £40 admin fee.
• If notice of cancellation is received less than 1 week prior to arrival – we will refund you 5% of the total paid less £40 admin fee.

Cancellation by Us
If we have to cancel your booking for any reason you will be refunded in full.

We are under no obligation to find alternative accommodation for you or your party.

Force Majeure
The Owner shall not be liable to the Hirer or any member of the Group under these Conditions if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, staff illness.

Liability
Howscales Cottages and its representatives shall not be liable to you or your party for loss or damage to property howsoever arising unless demonstrably caused by our negligence or wilful misconduct or that of those for whom we are legally responsible. You must take all necessary steps to safeguard yourselves and your property.

Third Party Services;
If you wish to engage any third party to perform any service (including by way of example private catering, beauty therapy, childminding or entertainment services) at the site or the cottage you must obtain our written permission. Such permission should be requested in advance of your stay with details of the entity you intend to use to perform the service, the service to be performed and
details of their public and employer’s liability insurance. Consent will only be given where we and our insurers are happy that the appropriate risks have been covered. The use of candles or fireworks is not permitted in any circumstances. We will not accept liability for the services provided (or failure to provide such services) by any third-party supplier or business used by you in the course of your stay (regardless of whether they are recommended or referred by us). This will not apply where we have been negligent or dishonest in this regard.

Right of Entry
You and/or your party must allow us (or any representative) access to the holiday cottage at any reasonable time during your stay for purpose of inspection or to carry out any necessary repairs or maintenance. In the event of an emergency or where any problems need resolving quickly and it is not possible to contact you and/or your party, we and/or our representatives may enter the holiday accommodation at any time without giving prior notice to the you and/or your party.

Complaints
Every effort is made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you to return. We live on site, and will always do our best to resolve any problem. This is easier to do before you leave.

 

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Howscales Holiday Cottages,
Kirkoswald,
Penrith, CA10 1JG

Tel: 01768 898666

Email: [email protected]

 

 

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