Terms & Conditions
Highmead Holiday Home Terms and Conditions
In these terms and conditions the following terms have the following meanings:
‘Holiday Home’ means the Highmead Holiday Home as described on the Highmead website and/or any official printed brochure; ‘Agreement’ means the agreement between Highmead and the Guest for the holiday rental of Holiday Home on these Terms and Conditions; ‘Highmead’ is the trading name of RHerbert whose registered address is Highmead Overton Swansea SA3 1NR; and ‘Guest’ means the person named in the confirmation invoice.
1.1 These Terms and Conditions are provided on the Highmead website and with the confirmation invoice. The making of a booking will form an agreement on these Terms and Conditions between the Guest and Highmead for the holiday rental of the Holiday Home.
1.2 Highmead permits the Guest to occupy the Holiday Home for the holiday period shown in the confirmation invoice together with the use of its contents.
1.3 The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party and shall make his or her party fully aware of these Terms and Conditions.
2. Price Changes
2.1 Highmead publishes Holiday Home prices on the Highmead website.
2.2 If the Guest has booked in advance of any price review, the Guest will continue to receive the price as booked unless there are any circumstances beyond the control of Highmead such as the imposition of a government surcharge or tax. Highmead will notify the Guest in writing as soon as possible of any such applicable surcharge or tax.
3. Booking and Payment Terms
3.1 For bookings made more than 6 weeks before arrival, the booking for a holiday will be effective when a deposit of half of the holiday price has been received and accepted by Highmead. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 3 working days. The full balance of the total holiday cost (including any increase made in accordance with these Terms and Conditions) will be payable not later than 6 weeks before the holiday begins.
3.2 For bookings made for a holiday less than 6 weeks away, full payment must be made at the time of booking.
3.3 All payments can only be accepted in Pounds Sterling and, where payment is made by a credit card an additional charge of 2% applies on the total booking value. No additional charge applies for payments made by debit card, cheque or bank transfer.
3.4 All bookings will include a bond of £150 which will be returned two weeks after departure subject to inspection.
4.1 If a Guest wishes to cancel a booking it must give Highmead notice in writing as soon as possible. A 100% cancellation charge will be payable. On receipt of the written cancellation Highmead will endeavour to re-book the Holiday Home for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £25.00 (twenty five pounds) to cover administration.
4.2 If, following a booking, the full balance is not paid on time, Highmead shall notify the Guest. If, after 10 days from the date on which full payment is due, full payment has not been received by Highmead then it may cancel the holiday booking and the above cancellation charges will apply and the Guest remains liable for 100% of the holiday cost.
5. Highmead Right to Refuse/Alter
5.1 Highmead may, at its discretion, refuse any booking.
5.2 Highmead may cancel or alter arrangements made for the Guest whether before or during the holiday period provided that such cancellation or alteration is necessary: (a) due to circumstances beyond the reasonable control of Highmead; or (b) to perform or complete essential remedial works.
5.3 If a booking is altered or cancelled by Highmead due to either of these circumstances, it will take reasonable steps to assist in finding a suitable alternative holiday home. If Highmead is not able to arrange such an alternative or the Guest does not accept the alternative offered, Highmead will return to the Guest the relevant proportion of the money paid by the Guest to Highmead in respect of the Holiday Home and wilt not otherwise be liable for any loss caused by such alteration or cancellation.
6. Change of Booking
6.1 Transferred bookings are not normally possible e.g.. a change in the Guest or a transfer from one date to another.
6.2 Highmead may, at its discretion, accept transferred bookings subject to payment of a fee of E25.00 (twenty-five pounds). However, transferred bookings will not normally be accepted within one month of the Guest’s holiday, or from one calendar year to another.
7. Maximum Numbers of Guests
Occupation must be limited to the maximum number of persons (excluding infants 0-2 yrs) for the Holiday Home stated in the brochure or on Highmead website, in the available beds only – no tents, caravans or campervans are allowed. The number of guests is defined by the facilities available including sleeping and living accommodation and fire and safety requirements. To exceed the maximum number of persons is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage.
8.1 The holiday price will include all charges for water, electricity, or oil. The price will also include one bottle of gas for use with the outdoor barbeque and one basket of logs available in the heating season; additional gas/logs will be charged at cost. Guests must comply with the instructions found in the welcome pack in the Holiday Home regarding the appropriate fuel for use in the Log Burner. Any damage caused by using inappropriate fuel will be charged to the Guest.
8.2 Wi-Fi – while this is provided, it is provided in good faith and may from time to time be subject to loss of connection or malfunction for which Highmead will not accept any liability or responsibility if for any reason the service is not available or not functioning. When using Wi-Fi, the Guest is liable for any data/information downloaded during the dates of their stay.
9. Liability and Loss of Guest Property
9.1 Any Guest’s property found at the Holiday Home will either be returned to the Guest at their cost and risk, available for collection within 1 month or disposed of if not returned or collected within 1 month.
9.2 Highmead will not be liable for any loss of or damage to vehicles or personal possessions whilst within the curtilage of the property caused by any third party.
9.3 Highmead will not be liable for any loss of property, vehicles or any other loss or damage caused by it or its agents or contractors: a) unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party; b) where such toss or damage is not a reasonably foreseeable result of any such breach; or
c) where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of Highmead.
No pets can be accepted at Highmead.
11. Highmead Right of Entry
11.1 As with any holiday accommodation, there is a need for ongoing and occasionally unforeseen work in the Holiday Home. Highmead and its contractors may enter the Holiday Home at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Holiday Home may be required. External windows and doors may be opened during this process.
11.2 Highmead will give the Guest reasonable notice of such requirements, and aims to restrict the working hours of our contractors to between the hours of 10.00 – 15.30. If this is not possible Highmead will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.
12. Guest Obligations
12.1 The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party. The Guest agrees to make his or her party aware of these Terms and Conditions.
12.2 The Guest agrees to keep and leave the Holiday Home and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
12.3 The Guest must allow Highmead and/or its agents to enter the Holiday Home to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
12.4 The Guest must not use the Holiday Home or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to Highmead or to any neighbours.
12.5 The Guest and his or her party must comply with any reasonable regulations relating to the Holiday Home of which the Guest has written notice. Such regulations will be found in the welcome folder in the Holiday Home, typical examples would include any local conditions regarding parking, waste disposal and recycling.
12.6 Smoking is not permitted in any part of the Holiday Home and the Guest and any member of his or her party agrees not to smoke inside the Holiday Home.
12.7 The use of candles or fireworks by the Guest or his or her party at the Holiday Home is not permitted unless expressly agreed in writing with Highmead.
12.8 Use of any barbecues other than that (gas barbeque) provided is not permitted at any time.
13. Damages and Security Charge
13.1 If on arrival at the Holiday Home you discover that anything is missing or damaged then this must be reported to Highmead immediately otherwise it will be presumed that the damage/loss was caused by the Guest and a charge may be incurred.
13.2 All bookings will be subject to a refundable damage deposit of £150 at the time of booking. The cost of any damage or breakages up to the value of £150 will be deducted from the deposit and the remainder refunded to you. If no damage or breakages happen during your stay the deposit will be refunded to you in full within 2 weeks of the end of your stay. If the damage or breakage is in excess of this deposit, you will be responsible for the balance of the cost in excess of £150.
14.1 The Agreement is personal to the Guest. The Guest must not use the Holiday Home except for the purpose of a holiday by the Guest and the Guest’s party during the holiday period, and not for any other purpose or longer period.
14.2 The maximum occupancy of the Holiday Home shall not be exceeded. However Highmead will always give reasonable consideration to specific requests for use of the Holiday Home which may relate to daytime occupancy (for example, a birthday or celebration). If the Guest wishes to undertake such it must first obtain the written permission of Highmead.
15. Water Supply
Highmead cannot accept responsibility for a shortage of water at the Holiday Home where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of Highmead’s reasonable control.
If the Holiday Home becomes inaccessible due to bad weather Highmead will take reasonable steps to inform the Guest. However, Highmead’s liability does not extend to weather related conditions that affect public roads.
17.1 Every reasonable care will be taken to ensure that the Holiday Home is presented to Guests to a high standard. Should the Guest find on arrival that there is a problem, or cause for complaint, the Guest should immediately contact Highmead.
17.2 Highmead is committed to ensuring that any problems or complaints the Guest may have whilst at the Holiday Home are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify Highmead or refusal of reasonable rectification may affect the Guest’s right to compensation or repayment.
17.3 Guests must provide a contact telephone number for Highmead to communicate with them about problems or complaints. Guests must allow access to the Holiday Home by Highmead or contractors to resolve problems or complaints. If the Guest refuses reasonable rectification, the Guest may affect their rights to compensation or repayment.
17.4 Guests must formally confirm any unresolved complaint in writing to Highmead within 1 month of return from holiday.
18. Arrival and Departure Times
18.1 The Guest and his or her party must arrive after the arrival time (3:30pm on the first day of the holiday period) but before 7:00pm (unless by prior arrangement) and depart before the departure time (10:00am on the last day of the holiday period).
18.2 The Guest will be issued with a two sets of keys to the Holiday Home on the first day of the holiday period and the Guest must return them on the last day of the holiday period or the date of departure, if earlier. Failure to return keys will incur the cost of a replacement lock and keys.
19. Country Way of Life
The Holiday Home is located in a rural area of outstanding natural beauty and any activities by the Guest and his or her party that interrupts or endangers the livelihood of others authorised to use the adjoining house and/or the surrounding land belonging to Highmead, will constitute a breach of the Agreement by the Guest.
20. Right to Evict
Highmead may terminate the Agreement on notice, and in such case the Guest and his or her party must leave the Holiday Home, (without compensation being payable to the, Guest or any member of his or her party) if:
20.1 this is deemed necessary by Highmead where there is a serious breach by the Guest of the Agreement or the Guest’s or his or her party’s behaviour endangers the safety of other Guests or the owner or members of staff; or
20.2 any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
21. Data Protection
21.2 Past Guests may opt out of receiving future news or special offers from Highmead by writing to Highmead, Overton, Port Eynon Swansea SA3 1NR or by e-mail to email@example.com
22. Governing Law
The construction, validity and the Agreement shall be governed by the laws of England and Wales.