Terms and Conditions
TERMS AND CONDITIONS FOR ACCOMMODATION
These Conditions are the standard terms and conditions that apply to the booking of any accommodation or product provided by The Land Devon LLP, along with the provision by us of any Services (as defined in clause 1.1. below) offered to and used by Guests. These Conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information which we are required by law to provide to Consumers (as defined in clause 1.1 below). Your attention is particularly drawn to the provisions of clause 10 (Limitation of Liability).
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions In these Conditions, the following expressions have the following meanings:
‘Business’ means any business, trade, craft or profession carried on by you or any other person/organisation.
‘Conditions’ means these terms and conditions as amended from time to time in accordance with clause 11.
‘Company/we/us/our’ means The Land Devon LLP
‘Consumer’ means an individual customer or Guest who receives Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business.
‘Accommodation’ means any property owned by The Land Devon, along with their premises and other type(s) of accommodation of which they are comprised.
‘Late Cancellation Charge’ has the meaning given in clause 4.4
‘Price List’ means the standard price list of Rates. The Price List is available on the website.
‘Rates’ means the prices payable by you for the provision by us of room accommodation and (where applicable) other Services.
‘Regulations’ means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
‘Services’ means the provision of accommodation in rooms at the Outbuildings any and all other facilities, services and items offered by us.
‘VAT’ means United Kingdom value added tax (together with any replacement or equivalent tax).
‘Guest/you’ means a customer of the Company who agrees to pay as a paying guest of the Company and also for members of his/her party and any of his/her guests.
1.2 Interpretation In these Conditions:
1.2.1 a reference to a clause is a reference to a clause of these Conditions;
1.2.2 a reference to a ‘party’ refers to the parties to the Agreement and includes that party’s personal representatives, successors and permitted assigns;
1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.4 a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
1.2.5 words in the singular include the plural and vice versa;
1.2.6 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.7 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and
1.2.8 a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time and includes all subordinate legislation made from time to time under that legislation.
2.1 All reservations shall be governed by these Conditions. You may book to make a reservation for a room or other Services in advance through our website (www.thelanddevon.co.uk), by telephone, or in person.
2.2 When you request us to make a reservation, you must provide us with your identification information including, but not limited to, your name, address, contact telephone number and email address.
2.3 You must give us payment details for any reservation at the time of booking. We will take your credit/debit card details (which must be valid beyond the date of your intended stay) and you authorise the use of this card for any sums that become due to us. Unless expressed at the time booking by us, full payment will be made at the time of booking for all accommodation, services and products.
2.4 Your request to us to make a reservation for you will constitute an offer by you to purchase the Services but whether we accept any such offer will be for us to decide in our discretion. Only once we tell you that we accept your request for a particular reservation and confirm to you the booking reference, there will there be a booking. At that point, a binding contract between us for the reservation of a room or other Services will come into existence.
2.5 You may change your reservation at any time up until 7 days prior to your arrival (subject to the cancellation provisions set out in Clause 4 below). We will use all reasonable endeavours to accommodate your requested changes, although we cannot guarantee that we will be able to accommodate such changes.
2.7 You may request additional nights at our accommodation at any time during your stay. We will use all reasonable endeavours to meet such a request. If we are able to meet any request, we will accept the request as a booking and that booking will then form a binding contract between you and us.
2.9 If you have contracted, been tested for or are suspected of having contracted any infectious disease, you must inform us prior to your arrival, in which case we may cancel your reservation in accordance with clause 4.3. 3
3. FEES AND PAYMENT
3.1 We make details of Rates including, where applicable, promotional Rates and other special offers available on the website, social media, by email or post. All Rates shown in our Pricing do not include VAT at the present time. If we are required to charge VAT, all Rates shown in our Pricing will be updated to be inclusive of VAT in accordance with clause 3.10.
3.2 When you request a reservation and we quote any Rate(s), the Rate(s) will apply only to the provision of accommodation unless we specifically state otherwise.
3.3 Additional charges may apply for other Services including, but not limited to, meals, drinks, room service, leisure, fitness or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities. We will inform you of Rates payable for such additional Services on request.
3.4 Subject to clause 3.5 below, and unless we agree a different arrangement with you, we shall give you an invoice for all sums due and payable to us and you must pay that invoice in full when you check-out. If payment is not received within 48 hours of check-out all monies due to us as per the invoice provided to you, payment will be taken from the card details provided to us by you at the time of booking/check-in.
3.5 The following will apply to any promotional Rates that we may offer from time to time:
3.5.1 Unless we specifically state otherwise, you must pay in full at the time of booking for a reservation to which a promotional Rate applies and we will not have to give you any refund except where Clause 4 specifically states that we must do so;
3.5.2 If you incur charges during your stay in addition to the promotional Rate for the reservation of a room, we will invoice them and you must pay for them as required by clause 3.3 above; and
3.5.3 If you request any additional nights and we accept the request as a booking under clause 2.7 above, you must pay for the additional nights at the standard Rate.
3.6 You may pay us for Services (and for any deposit or other advance payment on account of that payment) by credit/debit card, by cash or by bank transfer.
3.7 We may alter any of our Rates without prior notice but if the Rate of any Service increases between the time when you make a booking and the date when the booked accommodation or other Service is to be provided, any increase in the Rate will not apply to your booking.
3.8 Whether these Conditions require payment upon booking or on check out or at any other time, you must pay in full for any reservation booked and will not be entitled to any refund, except as stated in clause 4.
3.9 Where Clause 4 specifically says that you will be entitled to a (full or partial) refund, or where you become entitled to any refund either as a result of our breach of these Terms & Conditions or as a “consumer” under the Consumer Rights Act 2015 or other consumer protection legislation, we will make a refund to you asset out in Clause 4 or as required by such legislation.
3.10 The parties agree that section 89 of the Value Added Tax Act 1994 shall not take effect in relation to this contract and accordingly the amount of VAT payable by you will not be reduced as a result of any change in the rate of VAT charged on the supply of the Services occurring after the date on which you make your booking, save in our absolute discretion.
4.1 Unless you pay in advance for a booking at a promotional Rate, you may cancel a reservation without charge up to 7 days before arrival date. If you cancel under this clause 4.1, we will refund to you in full any sum you paid in advance.
4.2 If you cancel but do not give us prior notice of the cancellation of a reservation in accordance with the time frames under clause 4.1, we will be entitled to charge you a Late Cancellation Charge which shall be calculated as set out in clause 4.4.
4.3 We may, at any time before you check in, cancel a reservation booked by you in the following circumstances:
4.3.1 The required accommodation and/or personnel and/or other resources necessary for the provision of the room are not available due to any cause outside our reasonable control. If we cancel a reservation in such circumstances, we will offer you alternative accommodation of the same standard or better if it is available. If it is not available or we offer it to you and you decline it, we will refund to you in full any deposit or other advance payment that you have made to us for your reservation; or
4.3.2 If you do not arrive by 22:00 on the first day when you are due to stay at The Land Devon, we shall be entitled to re- let your room after that time unless you have notified us in advance of your late arrival, and we have agreed to a late check-in. No-shows will be charged 100% of the total cost of the booking. We shall attempt to contact you to inform you of that cancellation.
4.3.3 You have contracted, been tested for or are suspected of having contracted any infectious disease which in our sole opinion may pose a risk to the health, wellbeing or comfort of our other guests and members of staff. If we cancel a reservation in such circumstances, we will offer to transfer the booking to another available date, or, at management discretion, refund to you in full any sums which you have paid in advance.
4.3.4 If proceeding with your booking would contravene government guidance, orders or similar, including but not limited to any restrictions on group bookings and bookings involving people from multiple households.
4.3.5 If at any time during or prior to your stay you or any member of your party exhibits unreasonable behaviour towards members of staff or other guests, or if we have cause to believe that you or any member of you party is likely to cause damage or loss to any of our property or facilities or if you commit any other such breach of the Rules set out at Clause 6 below.
4.4 A “Late Cancellation Charge” will in most cases be 50% of the total cost of your booking excluding any extras or experiences, unless decided otherwise by management.
5. CHECK-IN AND CHECK-OUT
5.1 The earliest check-in time is 16:00 hrs on the arrival date.
5.2 Guests may be asked to provide proof of identify upon check-in. Acceptable forms of identification are a passport or driving licence.
5.3 The latest time by which you must vacate your room and check-out is 11:00 hrs on the departure date. We may beforehand agree at our discretion to an arrangement for a later check-out time but if we have not agreed to a later time and you do not vacate your room and check out by the above latest time, we will be entitled to charge you for an additional night’s accommodation at the standard applicable Rate.
5.4 If we have agreed and arranged a late check-out under clause 5.3 above, we shall be entitled to charge you at an hourly rate for the additional time from our standard latest check-out time until the time you check-out, and we shall give you details of the hourly rate of that charge when you request a late check- out time.
6.1 You must conduct yourself in a reasonable and responsible manner at all times when on our property and when liaising with our staff. Similarly, you must not act in any way which may disturb other guests. This includes observing and maintaining appropriate social distancing measures and hygiene practices in accordance with government guidance. If you do not, we may ask you to leave and, in that case, you must immediately pay us all sums due.
6.2 Smoking is not permitted anywhere on the property and especially in the rooms. This includes the smoking of e- cigarettes.
6.3 If you do not comply with clause 6.2, we may charge you for any and all costs we incur in cleaning the room (including, but not limited to, fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment.
6.4 You must not;
6.4.1 bring any animals or pets onto the property without notifying us prior to your arrival;
6.4.2 bring any potentially dangerous or hazardous materials or equipment onto the Property or into the rooms;
6.4.3 Allow pets to roam the property unattended;
6.4.4 tamper with any fire alarms or emergency equipment;
6.4.5 leave any fire unattended (including indoor stove, BBQ and hot tub heater), or move any fire from its designated position as when you checked in (for example move the BBQ), create or light any additional fire on our premises not provided by us (for example build and light a campfire);
6.4.6 utilise any rooms to store items (personal or otherwise) which could in our sole opinion cause damage to any room, or be a risk to the health and safety of our staff or property;
6.4.7 prevent our management, housekeeping and/or maintenance staff from having access to your room as and when required;
6.4.8 remove, damage or destroy any property of The Land Devon; This includes removal of goods and products provided by The Land Devon for guests to use during their stay, removal/damage of such products will be charged at full retail value. Including but not limited to; Land & Water products, crockery and cutlery, speakers and technology, BBQ materials, etc.;
6.4.9 use any technology provided by us to download or access any unlawful or obscene material;
6.4.10 or cause unreasonable disturbance to any other guests or staff;
6.4.11 undertake any illegal activity on our premises.
6.5 We will charge you for any and all damage caused by you or your pet, to any The Land Devon property during your stay.
6.6 All of the rules in these Conditions will also apply to members of your party and your guests and you shall be liable for any breach of the above rules by any of them.
6.7 If you or your group cause damage or loss of any kind to the Accommodation, other guests or their property, you as the Guest who is making the booking will be responsible for that damage or loss and you shall be liable to pay to us on demand the amount required to make good or remedy such damage or loss.
6.8 If you or your group caused damage to the Accommodation, other guests or their property, or otherwise breach any of these terms or conditions, we reserve the right to:
6.8.1 cancel your reservation with immediate effect and (if appropriate) require you to leave the property;
6.8.2 restrict access to the property;
6.8.3 remove your items from the property, disposing of such items in the event that you do not collect them within 7 days of removal;
6.8.4 retain all sums paid by you and/or charge you the full amount of your reservation; or
6.8.5 refuse future reservations from you and/or refuse you entry or accommodation.
6.9 We will not be liable to refund or compensate you in the event of the any of the circumstances arising in clause 6.9.
6.10 We reserve the right to decline or cancel reservations made and stays in progress by those who have previously breached these Conditions (as may be updated from time to time) whether the reservation is in that name or not.
7.1 Occupancy is not transferable.
7.2 A maximum occupancy of 2 adults per cabin.
7.3 We reserve the right to change your room allocation at any point during your stay for any reason.
8. FOOD AND DRINK
8.1 As referred to in clause 3 above, unless we specifically state otherwise, food and drinks are not included in any Rate(s) for accommodation and unless we have specifically stated or do state otherwise, we will make additional charges to you for them in accordance clause 3.3 above.
8.2 If you or any of your party or guests have any special dietary requirements, you should inform us of them in advance of your arrival. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell you that we are unable to do so.
9. CAR PARKING
9.1 When you park or arrange for parking of your vehicle on our property, you accept the risk of theft or damage of or to your vehicle and property in it if it is caused by any person other than our staff or contractors.
9.2 Parking is only permitted in the designated parking area assigned for your cabin.
10. LIMITATION OF LIABILITY
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 Nothing in these Conditions will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
10.3 You acknowledge that we have undertaken diligent steps to prevent the spread of COVID-19 and agree to adhere to such safety instructions as we may provide during your stay so as to preserve and protect the health and well-being of others. In the absence of negligence or other breach of duty by us, we shall not be held responsible for any losses or compensation to you as a result of you contracting the COVID-19 or any other relevant disease either during or after your stay. Clauses 10.3 and 10.4 are only applicable if you are a Consumer
10.4 We provide all Services only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that we provide, or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of contract, loss of commercial opportunity or any indirect or consequential loss or damage.
10.5 Nothing in these Conditions is intended to or will exclude, limit, prejudice or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under the Regulations or any other consumer protection legislation as amended from time to time. Clauses 10.5 and 10.6 are only applicable if you are a Business
10.6 Subject to clause 10.2, we shall not be liable, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way for any of the following: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or indirect or consequential loss.
10.7 Subject to clause 10.2, our liability to you arising out of the provision of Services to you under these Conditions shall not exceed the value of the booking in respect of any one claim or series of related claims.
11. CHANGES TO THESE CONDITIONS
11.1 We may from time to time change these Conditions without giving you notice.
12. HOW WE USE YOUR PERSONAL INFORMATION
12.2 We reserve the right to collect such personal data as is necessary to ensure our compliance with current government guidelines, orders and similar. This includes, but is not limited to biometric data such as your temperature, where such data collected in accordance with the relevant data protection legislation which is in force from time to time in the United Kingdom. Such data will be collected for the sole purpose of ensuring our compliance with government, guidelines, orders and similar and will not be stored or retained beyond the point of collection.
13.1 If you are a Consumer, we are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your request to make a booking). We have included the information itself either in these Conditions for you to see now or we will make it available to you before we accept your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
14.1 As required by the Regulations, all of the information described in clause 13, and any other information which we give to you about any Accommodation which you take into account when deciding to make a booking or when making any other decision about the Services, will be part of the terms of our contract with you as a Consumer.
15.1 We always welcome feedback from Guests and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about the Outbuildings or any of our staff, please raise the matter with the owners who can be contacted by email at email@example.com.
16. FORCE MAJEURE
16.1 We shall not be in breach of these Conditions nor shall we be liable for any delay in performing, or failure to perform, any of our obligations under these Conditions if such failure or delay results from event, circumstances or causes beyond our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, fire, flood, storms, earthquakes, acts of terror or any other event that is beyond our control.
17. NO WAIVER
17.1 If we do not insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
18.1 Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
19. GOVERNING LAW AND JURISDICTION
19.1 These Conditions, any contract between us and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute or claim arising out of these Conditions, any contract between us and relationship between us shall be settled by the courts of England and Wales.
20.1 One well-behaved dog in each of Cottlass and Longdown cabins, accepted with prior agreement with management.
20.2 Guest will be held responsible for any Damage caused by their dog to The Land Devon property including cost to replace (at owners discretion).
20.3 Guests will be notified of any damage/cleaning charges payable within 24 hours of check-out via invoice. If payment for this invoice is not paid within 48 hours of being received we will collect monies owed using the card details provided to us by you at the time of booking/check-in.
20.4 Dogs will be subject to a per night additional charge as set out in the Rates
20.5 Dogs are to be kept under close control or on a lead at all times on the premises. We reserve the right to request your dog is put on a lead at any time.
20.6 Dogs are to be kept within the area of your designated cabin, as defined on our site map on the website and provided via email upon booking.