Terms and Conditions

Definitions

• Darracott Farm Cottage, we, the Owners - all used to represent the owners of Darracott Farm Cottage, Richard and Helen Bence

• Party Leader, you, your - all used to represent the individual who acts as the Party Leader, named on the booking confirmation form.

• Party Members, their - all used to represent the named members, including the Party Leader, staying at Darracott Farm Cottage as listed on the booking confirmation form.

• Visitors - any person that the Party Leader or one or more Party Members invite or permit on to the Darracott Farm site.

Important

These Booking Terms and Conditions were amended on 8th May 2021. To obtain previous versions, please email richard@darracott.farm.

By making a booking directly with Darracott Farm Cottage, the Party Leader agrees to be bound by these Terms and Conditions. Darracott Farm Cottage reserves the right to amend these Terms and Conditions. The Party Leader should ensure they are aware of the latest Terms and Conditions prior to arriving at Darracott Farm Cottage.

While staying at Darracott Farm Cottage, the Party Leader is responsible for the actions of Party Members or Visitors while on the Darracott Farm site. 

We strongly recommend that Party Members take out suitable travel insurance to cover possible cancellation and your stay at Darracott Farm Cottage.

Please note that Party Members are not permitted to self-isolate at Darracott Farm Cottage. Should any Party Member test positive for COVID-19 during their stay or are required to self-isolate, the Party Leader must inform the Owners.

Bookings

All bookings are subject to availability. The Party Leader must be at least 18 years old when the booking is made. The Party Leader must be authorised by all Party Members to make the booking on the basis of these Terms and Conditions. By making the booking, the Party Leader confirms that he/she is so authorised and that all other Party Members agree that the booking is subject to these Terms and Conditions. The party leader is responsible for making all payment due to the Owners.

The Owners will only confirm a booking with the Party Leader upon receipt of a completed and signed booking request form together with the required cleared payment. Confirmation will be using the same format as the booking request (e.g. letter or email) unless the Party Leader requests an alternative. We have the right to refuse any booking prior to confirming a booking in writing. If a booking is refused, any payments will be refunded in full and we will have no further liability towards you.

It is the responsibility of the Party Leader to check the written confirmation details carefully. The Party Leader must inform the Owners of anything that is incorrect immediately.

Short breaks of 3 or more nights are available outside of school holidays.

Special Requests

If the Party Leader has any special requests, these must be listed in the booking request. The Owners cannot guarantee that any request can be met. The Owners will confirm whether a request is possible in the written confirmation however this should not be taken as a guarantee and failure to meet a special request will not be a breach of contract. Bookings conditional on a special request will not be accepted.

Payment

Payments can be made using any of the following methods:

Cheque payable to: Richard and Helen Bence

Sent to: Darracott Farm, Welcombe, Devon EX39 6HG

BACS Payment to:

Bank: HSBC

Account: 81520156

Sort Code: 40-07-30

Account Name: Mr Richard Lindley Bence & Mrs Helen Mary Bence

For bookings where arrival is more than 8 weeks from the booking date, a 25% deposit is payable to secure the booking. The remaining 75% is payable 8 weeks before arrival. A reminder will be sent to you. If the remaining 75% is not paid by 8 weeks before the arrival date the Owners  reserve the right to list the booking again and the 25% deposit would be forfeited.

For bookings where arrival is 8 weeks or less from the booking date, full payment for the holiday is payable to secure the booking.

House Rules

Arrival at Darracott Farm Cottage: From 16:00 to 20:00 on the start date of your holiday rental

Departure from Darracott Farm Cottage: By 10:00 on the end date of your holiday rental, also see Leaving the Cottage below

PLEASE NOTE: We operate a strict NO SMOKING policy at Darracott Farm Cottage and regret that NO PETS are allowed on site.

Check the layout of your holiday property so that in an emergency you can get out quickly and easily. Check for the location of a fire extinguisher and read the instructions for use.

Included in the cost of your holiday are: all bed linen, tea towels, hand towels, bath towels, bath mat, electricity for use inside Darracott Farm Cottage, heating and a car parking space. Please remember that the towels provided must not be used outside of the cottage. Please ensure you bring beach towels with you.

Included in the cost of your holiday is a mown space with garden furniture where Party Members may sit and relax or enjoy an outdoor meal. This is a working smallholding and you must not enter any outdoor buildings or polytunnels unless with the Owners. The ground can be uneven around the farm, some areas are surrounded by an electric fence. The Owners accept no liability for Party Members walking around the farmland which is done so at the Party Members own risk. The Party Leader agrees that no Party Member will enter an area with livestock in it unless accompanied by the Owners. The Party Leader agrees to ensure that all children are supervised while outside at Darracott Farm.

We do not permit electric cars to be charged by plugging in to a socket in the cottage. If you would like to charge your car please discuss this with the Owner prior to arrival. There will be an additional charge for this service.

Repairs and Replacement

The Party Leader is responsible for any cost for repairing or replacing any installation in the property or Darracott Farm if the damage is due to the negligence of any Party Members or Visitors. This includes accidental damage and costs for any service call outs such as a plumber to unblock toilets, sinks, etc.

The Owners cannot guarantee against mechanical failure of any heating, water or electrical appliances. The Owners will endeavour to replace items that suffer from mechanical failure in a timely manner but are not liable for refunds or reductions.

The inventory of your property has been checked prior to arrival and a copy will be left on the dining table. The Party Leader is responsible for checking the inventory on arrival and reporting any discrepancies to the Owners on the day or arrival. The Party Leader is responsible for any lost or damaged articles.

The Owners reserve the right to invoice you after departure for any damages/breakages or cleaning fees, discovered whilst cleaning the property after your departure.

Lost Property

The Owners are not responsible for the loss of any valuables or property left in Darracott Farm Cottage or at Darracott Farm during the stay or after departure.

Visitors

The Party Leader will take responsibility for any visitors entering the property and ensuring they follow the House Rules. Visitors are not permitted to stay overnight and must leave Darracott Farm by 22:00.

Car Parking

The Party Leader agrees that any cars parked by the Party Members or Visitors are left at the car owners own risk and the car owner assumes all risk of injury, damage, or loss. The Party Leader further agrees to release and discharge the Owners from any such injury, damage or loss.

Leaving the Cottage

The Party Leader agrees to ensure the property is kept clean, tidy and maintained during the stay. The Party Leader also agrees to leave the property in the same  condition as it was found on arrival:

• Please ensure all washing up has been done and put away. The dishwasher must be emptied.

• Please empty the fridge, freezer and cupboards of all perishable foods.

• All domestic rubbish must be placed in the RED bin outside of the kitchen door.

• All clean recycling (cardboard, paper, glass bottles, plastic containers, metal lids, aluminium foil) must be placed in the BLUE recycling bin outside of kitchen door.

• Please dispose of or remove any unwanted personal items.

Additional Requirements

The Party Leader agrees that the property will not be used for any commercial purpose, hosting of parties or broadcast social media/video activities without the written permission of the Owners. The Party Leader agrees not to assign or sublet the property or allow anyone to occupy it other than those listed on the booking request form.

The Owners are entitled at the Owners sole and absolute discretion to repossess the  property (including fixtures, fittings, furnishing and decorations) if the Owner believes:

• that damage has been or is likely to be caused by Party Members or Visitors, or

• the property is being used against the requirements of these Terms and Conditions

These circumstances will be treated as cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Owners will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as you incurring the cost of securing an alternative property/accommodation).

The Owners shall be allowed access to the Darracott Farm Cottage at any reasonable time during the holiday occupancy.

Brochure / Website Details

The Owners aim to ensure that the information we provide is accurately conveyed in the brochure and/or website and other promotional literature or material produced and circulated by the Owners. There may be small differences between the actual property/other services and its/their description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Owners will tell the Party Leader as soon as reasonably practical.

The Owners cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned in the brochure and/or website or advertised elsewhere.

The Owners cannot accept responsibility for any inaccurate, incomplete or misleading information about the property or its facilities and/or services or any advertised travel and other services, except any such information which has arisen out of the Owners negligence.

Liability

The Owners shall have no liability for any death or personal injury unless this results from negligence on our part. You must take all necessary steps to safeguard your personal property and any liability which you may incur to others during the course of your holiday. No liability is accepted by us (the Owner) in respect of damage to, or loss of, such personal property except where it results from our negligence.

The Party Leader will make sure that children are SUPERVISED AT ALL TIMES outside Darracott Farm Cottage at Darracott Farm.

The Party Leader will make sure that children do not get into any of the outbuildings of the property.

The Party Leader will make sure to be extra vigilant on rainy or inclement days for slippery or muddy surfaces.

Law

The contract between the Party Leader and the Owners is governed by or construed in accordance to English law and no other. It is agreed that any dispute or other matter which may arise between the Party Leader and the Owners will be dealt with by the Courts of England and Wales or under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question).

Circumstances Beyond our Control

Except where otherwise expressly stated in these Booking Terms and Conditions, The Owners cannot accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract by the Owners is prevented or affected by you or otherwise suffer any damage or loss as a result of "force majeure"

In these Booking Terms and Conditions "force majeure" means an event beyond the Owners reasonable control including but not limited to, strike, lock out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, power cuts, fire, flood and storm, drought, difficulty in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.

Protecting our Environment

Darracott Farm Cottage is set in one of the loveliest parts of the country, within an UNSECO Biosphere and the North Devon Area of Outstanding Natural Beauty, so naturally, we are interested in anything we can do to help preserve the environment.

You can help too, by respecting the area you visit and remembering the following points:

• Don't litter

• Do recycle whenever possible

• Guard against fire

• Respect the rights of land and property owners

• Protect local wildlife

• Follow the Countryside Code

Your rights

Your statutory rights are not affected by anything contained within these conditions.

Changes to Bookings

If after your booking has been confirmed by the Owners, you wish to change any detail of your booking, the Owners will do our best to make the changes (providing the booking has been made directly with the Owner) provided that notification is received in writing to the Owner from the Party Leader. However, the Owner cannot guarantee that we the Owner are able to meet any such request.

Any changes to your dates or accommodation may be treated as a cancellation of the original booking and hence be subject to cancellation charges.

Please note that Party Members are not permitted to self-isolate at Darracott Farm Cottage. Should any Party Member test positive for COVID-19 during their stay or are required to self-isolate, the Party Leader must inform the Owners. If any Party Member does not comply with this requirement and subsequently is not permitted to travel to self-isolate, they will become liable for additional costs for staying beyond the agreed booking dates. They will also become liable for any additional costs that arise of any cancellations to other holidays due to the extended stay.

Cancellations

If you have to, or wish to cancel your booking, the Party Leader must contact the Owner as soon as possible. The party leader MUST also immediately confirm your cancellation by email or in writing to the Owners at the address shown on the booking confirmation. 

The day the Owner receives notification of cancellation is the date on which your booking is cancelled. If you cancel, a cancellation charge may be payable, based on the number of days before the arrival date at the property that the Owners receive notification of your cancellation, as shown below. 

If any payment due in relation to your booking is not paid by the due date, the Owners are entitled to treat your booking as cancelled by you. Cancellation charges as set out below (which can be as high as your total cost) will then be payable. When you make your booking you take on the responsibility of paying for the entire duration of occupation of the property in full. So to protect you against unforeseen circumstances causing you to cancel it is recommended that you take out Personal Travel Insurance.

Cancellation charges

Within 48 hours of making a booking, full refund of payment minus any booking transaction charges incurred by the Owners.

30 days or more before start date, full refund of payment minus any booking transaction charges incurred by the Owners.

7 - 29 days before start date, 50% refund of payment minus any booking transaction charges incurred by the Owners

6 days or less before start date, no refund.

If we are subsequently able to re-sell your booking or part of your booking at short notice you will, of course, we will refund any excess payment we have received once your payment and the new party payment has been taken into account. We never seek to profit from your need to cancel a booking.

If any payment due in relation to your booking is not paid by the due date, we will have to assume you have cancelled your holiday and the Cottage will be released for sale without further notice.

If you cancel for the following reasons, the above cancellation terms will apply:

1. any Party Member test positive for COVID-19 or is not permitted to travel;

2. any Party Member is required to self-isolate/quarantine and is not permitted to travel; or

3. you are disinclined to travel as you are shielding or have COVID-19 concerns not covered by a government order

Cancellation or changes by the owner

The Owners do not expect to have to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled or errors in brochures or other details corrected. The Owner reserve the right to do so. If this does happen, The Owner will contact the Party Leader  in the case of a significant change or cancellation, as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change.

The Owners will only cancel a confirmed booking of a holiday less than 8 weeks before departure where The Owners are forced to do so as a result of circumstances outside our control.

If The Owners have to make a significant change or cancel eight weeks or less before departure to your confirmed holiday arrangements, The Owner will refund you in full and provide you with a free holiday on an alternate date.

Very rarely, The Owners may be forced by "force majeure" to change or terminate your confirmed holiday arrangements after arrival but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, The Owners regret that we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

If the Owners are required to close Darracott Farm Cottage due to Government restrictions announced before your arrival and for a period that includes your booking dates, the Owners will provide a full refund. If the Owners are required to close Darracott Farm Cottage due to Government restrictions announced during your stay and requiring you to return home, the Owners will provide a pro-rata refund. 

Personal Data Privacy Policy

This Privacy Policy explains how we collect, use, share and protect your personal data. 

The Owners are responsible for the collection and proper management of any personal information you submit. We will keep your personal details secure and use the information you provide consistently with applicable privacy and data protection laws and the terms of this Privacy Policy. 

If you choose to make a booking through us or make queries about a potential booking, we will collect details in relation to that booking or query. Information held is likely to include your name, contact details, payment details, date of birth, information about people travelling with you, information about your booking and any additional information we may need to help meet your specific requirements. This information is required for us to fulfil our contractual obligations to you or provide a quote for a booking. If you do not provide us with the information set out in this paragraph, then we may not be able to provide the booking/quote. By providing information to us when using our website or making an enquiry or a booking, you expressly agree to this Privacy Policy and our terms of use. 

The information that you provide to us will be used to enable us to complete your booking, to manage any customer service queries you may have and to help is to provide details or information you may have requested.

In order to complete a payment for your booking we may share your information with credit/debit card companies.

We may disclose your personal data without your permission to the extent that we are required to do so by law or regulation.

We may also disclose your personal data without your permission in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal right. 

We have a system of retention periods in place to ensure that your information is only stored whilst it is required for the relevant purposes or to meet legal requirements. Where your information is no longer required, we will ensure it is disposed of or deleted in a secure manner. 

You have a right to ask us to confirm whether we hold any of your personal data; to request a copy of any personal data we hold about you; and to request that we correct any inaccuracies where the personal data we hold is incorrect/incomplete. You can request that we delete (to the extent possible) any personal data we hold about you where we are required to do so by law. Where we process your personal data on the basis that you have given us your consent to do so then you may contact us at any time to withdraw your consent. 

We regularly review and, where necessary, update our privacy information. If we plan to use personal data for a new purpose, we will update our privacy information and communicate the changes to individuals before commencing any new processing. 

If you have any questions about this Privacy notice, please contact us at:

Darracott Farm, Welcombe, Devon EX39 6HG

Tel: 01288 358 593

e-mail: richard@darracott.farm