1.1 The Red Kite Boutique Holiday Home is a privately owned home located at Llanoley Farm, Newchurch, Kington, Herefordshire HR5 3QH and is referred to as “The Red Kite Boutique Holiday Home”.
1.2 Customers renting property at The Red Kite Boutique Holiday Home are referred to as “the Guest”.
1.3 The Red Kite Boutique Holiday Home are also the owners of the property (hereafter referred to as “the Owners” or “the Owner”). The rental arrangements are made trading as The Red Kite Boutique Holiday Home on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
1.4 The Red Kite Boutique Holiday Home will, on the written request of the Guest, provide the name of the Owners of the property which the Guest has booked.
2. DURATION AND TIMES OF RENTAL
2.1 Rentals are for a maximum of four weeks (unless agreed separately between the parties) and commence at 4pm on the first day of the rental and end at 10.00am on the day of departure unless otherwise notified. This period is hereafter referred to as “the Holiday”.
2.2 The period booked will be stated on the confirmation sent by email to the Guest when they book (the “Booking Confirmation”). The period booked cannot be exceeded unless The Red Kite Boutique Holiday Home gives written approval. The Guest will be liable for any cost, of whatever nature, incurred because of an unauthorised extension.
3.1 If a booking is made 8 weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
3.2 If a booking is made less than 8 weeks before the Holiday is due to start, the full rent, plus any additional charges, must be paid at the time of booking.
3.3 Should The Red Kite Boutique Holiday Home not accept or reject a booking request, all sums of money paid by the Guest in relation to the Holiday will be refunded immediately.
4. FINAL PAYMENT
4.1 Unless otherwise agreed by The Red Kite Boutique Holiday Home in writing (and subject to clause 7 below) the price for the Holiday shall be the rent for the property as set out on the The Red Kite Boutique Holiday Home web site www.theredkite.co.uk at the time of the booking.
4.2 Subject to the Cancellation Provision in clause 6 below, as soon as the booking is received and accepted by The Red Kite Boutique Holiday Home and the Guests are in receipt of the Booking Confirmation, the Guest is liable for payment of the balance of the rent, along with any additional charges that may be due in relation to the Holiday.
4.3 Payment of the rent and additional charges are payable to The Red Kite Boutique Holiday Home 8 weeks before the start of the Holiday (“the Due Date”) and non-payment by the Due Date may, at the sole discretion of The Red Kite Boutique Holiday Home, treat the non-payment as notice of cancellation.
4.4 If payment is not received by the Due Date and in accordance with clause 4.3 above, The Red Kite Boutique Holiday Home have treated the non-payment as a cancellation of the Holiday, the Guest will lose their booking and the deposit shall be non-refundable.
4.5 The Red Kite Boutique Holiday Home shall not be responsible for sending reminders of the Due Date. The Due Date will be clearly set out on the Booking Confirmation.
5. CHANGING A BOOKING
5.1 The dates of the Holiday may be changed providing the property is available for the new dates and the Owners accept the change.
6.1 Once a booking has been confirmed by The Red Kite Boutique Holiday Home, the booking can only be changed or cancelled with the written agreement of The Red Kite Boutique Holiday Home.
6.2 If you wish to cancel the booking the Guest must notify The Red Kite Boutique Holiday Home in writing (the “Cancellation Notice”).
6.3 A booking can only be cancelled prior to the start of the letting.
6.4 In the event that a cancellation is made then a cancellation charge is payable depending on the number of days before the holiday start date that The Red Kite Boutique Holiday Home have received the Cancellation Notice. The Cancellation Charge (as a percentage of the rental cost of the Holiday) is set out below:
0 to 13 days – 100%
14 to 27 days – 75%
28 to 55 days – 60%
56 days or more – Deposit
7. PRICE CHANGES
The Red Kite Boutique Holiday Home reserves the right to amend prices on the website due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
8. METHOD OF PAYMENT
Payments may be made by electronic bank transfer and bank details will be provided with the Booking Confirmation. In exceptional circumstance cheques will be acceptable with the prior agreement of the Owners. Cheques can only be accepted up to ten weeks prior to the Holiday and the booking is not confirmed until the cheques have fully cleared. Post-dated cheques are not acceptable. Any charges raised against The Red Kite Boutique Holiday Home by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse.
9. GROUP BOOKINGS
The Red Kite Boutique Holiday Home have the right to refuse a booking from a group of 3 or more single people under the age of 25 or all male or all female parties of more than 4 people.
10. THE HOLIDAY
10.1 The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988). The letting does not confer a short hold tenancy or give rise to a relationship of Landlord and Tenant.
10.2 The maximum occupancy of the Property shall not be exceeded. If Guests wish to hold any function which will result in this limit being exceeded they must first obtain Owners permission. If permission is granted, an additional charge may be levied.
10.3 Where Guest have selected a reduced size group option for the booking, we will arrange to have prepared only the number of bedrooms appropriate to your group size. If subsequently you use the extra bedroom(s), you agree that the cost of the Holiday will be increased to reflect the increased use. The additional cost will immediately become due and this additional cost will be deducted from the cautionary deposit. If the additional cost is greater than the cautionary deposit, you authorise us to charge you for this additional amount.
10.4 The Owners aim to ensure that the information and descriptions provided are accurately conveyed on the official website (www.theredkite.co.uk) and any authorised third-party websites or advertisements. There may be small differences between the actual accommodation and its description, illustrations, photographs and other imagery as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable, and if this is the case we will tell you as soon as reasonably practical after we have been made aware of the situation. Similarly, we cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned on the website or advertised elsewhere. There are many unauthorised websites listing holiday cottages. We cannot accept responsibility for the descriptions on these sites.
11. CAUTIONARY DEPOSIT
11.1 A deposit will be required to be paid by you in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, stained linen due to waterproof makeup or self tanning products, and other amenities provided at the Property).
11.2 We will inform you of the amount of the cautionary deposit to be paid. The cautionary deposit will need to be paid one week before the start of your Holiday. We will endeavour to remind you of the same but it is your responsibility to ensure any requested deposit is paid to The Red Kite Boutique Holiday Home before the start of the Holiday.
11.3 If the deposit payment is not received in cleared funds at least 7 days before the start of the Holiday the Owners reserve the right to cancel the Holiday and terminate this contract.
11.4 If you fail to pay a deposit upon request and before the commencement of the Holidays the Owners will be entitled to cancel the booking and 100% of the booking charged.
11.5 The Owners reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover (the Owner’s) reasonable costs if the deposit paid under this clause 5 is insufficient to repair or replace any damage caused to the Property or its contents during your Holiday. Guests must not attempt any repairs to the property or contents and must inform the The Red Kite Boutique Holiday Home of any damage as soon as possible to enable the fixing of the issue prior to the next booked party. If you do not notify Owners promptly you may be charged for possible loss of earnings.
11.6 The Owner will assess the Property after your Holiday and will:
11.6.1 provide you with a refund of the deposit made under this clause 5; or
11.6.2 inform you of the amount to be retained; or
11.6.3 inform you of the amount to be further charged or a combination of any of the above at the Owner’s reasonable discretion.
12. THE GUEST’S OBLIGATIONS
The Guest agrees:
• to pay for any losses or damages to the property and contents caused by the Guest or a member of their party (reasonable wear and tear excluded), if it is proven that damage is directly attributable to the Guest then The Red Kite Boutique Holiday Home, on behalf of the Owner, has the right to reclaim any costs incurred from the Cautionary Deposit. All damage should be reported immediately so issues can be put right before the arrival of the next guests;
• to leave the property in the same state of general order in which they found it. If they break these conditions the Owner can make an additional cleaning charge and/or make a claim against you for repair or loss as a result of damage caused. A cleaning service is not provided during the Holiday unless otherwise specified. Should the Owner be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a booking from that Guest again;
• to permit the Owners and The Red Kite Boutique Holiday Home reasonable access to the property;
• not to part with possession of the property, or share it, except with members of the party shown on the Booking Schedule;
• not to sell or transfer the booking to another party without The Red Kite Boutique Holiday Home agreement;
• not to exceed the total number of people stipulated in the property description;
• not to cause an annoyance or become a nuisance to occupants of adjoining premises;
• not to smoke at the property.
• that since The Red Kite Boutique Holiday Home is in a rural area and is surrounded on all sides by sheep and wild animals, fireworks are strictly forbidden.
13. NON-AVAILABILITY OF PROPERTY
13.1 If for any reason beyond the Owners’ control the property is not available on the date booked (owing, for example, to fire damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the Guest will be refunded.
13.2 Guests are strongly advised to take out holiday insurance in case of cancellation. The Red Kite Boutique Holiday Home does not provide in-house insurance and will not indemnify you for any loss as a result of your need to cancel or failure to pay on time. We regularly get requests to refund holidays because of family illness, hospital appointments, pet illness, vehicle problems, poor weather – do arrange your own insurance to cover you for these and more as we will be unable to provide refunds.
14.1 The Red Kite Boutique Holiday Home will not be liable for any act, neglect or default on the part of the Owners or any other person not within their employ or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with, the rental unless The Red Kite Boutique Holiday Home is responsible. In addition, the Owners and The Red Kite Boutique Holiday Home accept no liability for loss of or damage to the Guest’s possessions on the Owners’ property or land.
14.2 Nothing in these clauses excludes or limits the liability of The Red Kite Boutique Holiday Home or the Owners:
• for death or personal injury caused by The Red Kite Boutique Holiday Home’ or the Owners’ negligence;
• for any matter which it would be illegal for The Red Kite Boutique Holiday Home or the Owners to exclude or attempt to exclude their liability.
15.1 All complaints must be notified to The Red Kite Boutique Holiday Home as soon as reasonably practicable, as The Red Kite Boutique Holiday Home may be required to carry out an on-the-spot investigation and if necessary, as Owners take remedial action. Guests have a legal obligation to mitigate their loss.
15.2 The Red Kite Boutique Holiday Home or the Owners are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, then the Guest will waive all rights.
16.1 Dogs are only permitted with the prior written consent of The Red Kite Boutique Holiday Home and the Owners and where dogs are permitted; they are to be kept under control at all times and must not be a nuisance to livestock in the grounds, to neighbours livestock or to livestock on the surrounding common land. Although fields and access to the common land is fenced or hedged, it is possible for dogs to get through and so they must be fully supervised at all times. There is a charge of £30 per pet per week or short break.
16.2 Dogs are not permitted in upstairs bedrooms or on the beds or furniture and neither The Red Kite Boutique Holiday Home nor the Owners can accept responsibility for their safety. Dogs must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. Any garden mess must be picked up before Guests depart. An additional housekeeping charge will be made for each pet.
16.3 Where the description of a property states “Sorry no pets” or otherwise restricts the keeping of pets at the property, The Red Kite Boutique Holiday Home or the Owners cannot guarantee that there have been no pets previously kept at the property.
17. BREACH OF CONTRACT
17.1 If there is a breach of any of these clauses by the Guest or any of their party, the Owners or The Red Kite Boutique Holiday Home reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
17.2 If there is a breach of any of these conditions by The Red Kite Boutique Holiday Home or the Owners, then the Guests have the right to end the Holiday and leave.
17.3 Ending the Holiday by The Red Kite Boutique Holiday Home, the Owner or the Guest does not affect that party’s other rights and remedies.
18. DATA AND PRIVACY
18.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. We will not pass your information onto any third parties for the purposes of administration. Contractors will not be allowed to use your personal information for any other purpose than that which The Red Kite Boutique Holiday Home may have instructed. Your identity will also be made available to the Owner. By booking with us you are deemed to have consented to the use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to email@example.com.
18.2 The Red Kite Boutique Holiday Home is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protections Act 1998.
19. VALIDITY CLAUSE
If any term or provision in these booking terms and conditions is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed to be severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
20. GOVERNING LAW AND JURISDICTION
The contract embodied in the booking is governed by English law and subject to the exclusive jurisdiction of the English courts.