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The contract

These booking terms and conditions form the basis of the contract between the hirer (you) and the property owner, Topaz862 Ltd, company number 12017253, of registered office 4 Rose Duryard, Lower Argyll Road, Exeter, Devon, United Kingdom, EX4 4PB (us). Please read them carefully as they set out our respective rights and obligations.

These Booking Conditions only apply to accommodation arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to ‘booking’, ‘contract’, or ‘arrangements’ mean such accommodation arrangements. In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date).

Topaz862 Ltd is not a “Package Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs). We offer for sale the single service of accommodation only.

The person making the booking must be aged 18 or over and makes the booking and accepts our terms and conditions on behalf of all members of the party and has the authority to and does agree to be bound by them. The person making the booking is responsible for all payments due to us.

Full names of all members of the party must be provided to us at the time of booking, along with all dates of birth of any party members aged under 18 at the date of the commencement of the rental. All personal data will be handled in accordance with our Privacy Policy.

We reserve the right to refuse any booking at our absolute discretion.
Prices
Rental prices are subject to change without notice. Prices may be increased or decreased at any time. However, once you have paid your deposit, your rental price will not be changed by us unless forced to do so by government action, or other events beyond our control (please see Force Majeure below).

Confirmation
A binding contract between us comes into existence when a deposit of 30% of e accommodation rental fee has been paid as well as a booking fee of £30 and a booking confirmation is despatched to you. The balance of the rental fee must be paid eight weeks before your due arrival date. If the booking is made within eight weeks of arrival, the rental fee and the booking fee must be paid in full at the time of booking.
Payment may be made by bank transfer or credit or debit card. Payment by American Express or Diners is not accepted. Payment by cheque is not accepted.
If the balance payment is not received by the date due, Topaz862 Ltd reserves the right to make the property available for re-booking. This does not release the hirer from their obligation to settle the balance owed to us in respect of the accommodation. Please read the paragraph about insurance.

Changes
If, after the booking has been confirmed, you wish to change the dates of the rental, we will do our best to accommodate you but it may not be possible and depending on availability the change will be treated as a cancellation and the rental fee will be forfeited by you. If a change of date is agreed, an amendment fee of £30 is payable as well as any additional rental costs.
Important note about Covid-19: if, within 14 days of your arrival date, you are prevented from travelling because of a national lockdown or a local lockdown in your area, we will move the booking to a new date of your choosing (subject to availability) or we will refund you.

Cancellation by you
If, after the booking has been confirmed, you wish to cancel the rental, you must notify us by email and the following cancellation charges will be applied:

Days before arrival
57 or more - Loss of deposit and booking fee
43 to 56 days - Loss of 60% of rental fee and booking fee
31 to 42 days - Loss of 80% of rental fee and booking fee
0 to 30 days - Loss of 100% of rental fee and booking fee

Please see the paragraph about insurance.

Cancellation by us
We enter into the contract with you in good faith for the hire of the property to you for the dates agreed with the facilities as advertised. However, we reserve the right to cancel your booking. In this case we would give you as much notice as possible and you would be offered the choice of an alternate date or a refund of all monies paid. No compensation is payable, and you have no further claim against the property owner.
Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or any of our relevant suppliers could not, even with all due care, foresee or avoid. Such events may include but are not limited to, war or threat of war, riot, civil strife, actual or threatened terrorist activity, epidemic, pandemic or any significant risk to human health such as the outbreak of serious disease at the destination, chemical or biological disasters, acts of God, flood, drought, earthquake, any law, guidance or advice issues or any other action taken by a government (local or national), industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

Liability
Subject to the remainder of this paragraph, we have a duty to provide the accommodation service you have booked with reasonable skill and care. We have no liability to you in except in cases where it is provided that we have breached that duty and damage to you has been caused.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the act(s) and/or omission(s) of the person(s) affected; or

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.
We are not responsible for any perceived inadequacies in the property or the suitability of the property for your party. Descriptions are written in good faith and are correct at the time of publication but local conditions or the actions of the owner at short notice may change both aspect and facilities. Soft furnishings and items of furniture may be changed from time to time and these changes may not always be immediately reflected in the images used on our website.
We cannot accept liability for happenings outside of our control, including but not limited to, breakdown of domestic appliances, plumbing, electricity and other utilities, invasion of pests, damage caused by weather conditions, and the effects of industrial action, sickness, war or changes to public transport. Please see the Force Majeure paragraph above.

Please note: we cannot accept liability for any damage, loss of expense or other sum of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: (b) relate to any business: or (c) indirect or consequential loss such as loss of anticipated savings and loss of profits.

The property owner is not responsible for any noise and nuisance, including building work and gardening services, outside the boundary of the property.

The property owner maintains an insurance policy to meet the owner’s liabilities under this contract.
The property owner complies with applicable laws and regulations, in particular relating to fire, health and safety.
Nothing in this paragraph or these booking conditions limits any liability which cannot be excluded or limited under applicable law including liability for fraud or misrepresentation or for any death or personal injury suffered by our negligence.

Conditions of booking

· No more than the maximum number of occupants specified on the website for the property are allowed to reside overnight within the property.

· Care of the property. The property must be left in a clean and tidy condition by check-out at 10.00 hrs on departure day. All breakages or damage would be reported to the owner and for at the time

· Security deposit payment. Within the terms of this contract you pay a security deposit of £250 that is held in case of breakages or damage done to the property, or in case it is not left in a clean and tidy condition, including the correct disposal of rubbish and recycling in line with the Council’s requirements. We collect the security deposit at the time the balance payment is due and return it to you as soon as possible at the end of the rental once the inventory and check-out has been completed. Any costs of making good any damage or losses may be deducted from this security deposit.

· Check-in and check-out. Unless otherwise agreed or changed because of circumstances, check-in is after 16.00 hrs on the day of arrival and check-out is by 10.00 hrs on the day of departure. (This may be amended depending on cleaning regulations at the time of rental).

· Pets and animals. One dog per rental appropriate to the size and aspect of the house is permitted on a by request only basis. Further details about the accommodation of pets will be supplied with the information on the house before the start of the rental period.
Children. The property is a Grade II listed historic cottage with origins many hundreds of years ago. The property is built on a hill, into a hill. This means that there are several levels within the house itself and within the gardens, with terraces and steps outside in many places, as well as inside between rooms and corridors. The garden has a steep, grassy hill affording magnificent views and is not a smooth lawn. Inside the house, walls are traditional cob and there are wooden beams that are several hundred years old. The property has a woodburning stove and an electric Aga which may be unfamiliar to children. You remain responsible for the supervision of your children inside the house and the garden.

· Provisions. Bed linen is provided in the form of a duvet with cover per bed (two king and one single), sheets, pillows (four per double bed and one for the single bed) and pillowcases. One hand towel and one bath towel per person are provided, plus one hand towel for the second W.C. Two tea towels and one kitchen hand towel per rental are provided. Beach towels are not provided, and the towels provided in the house must not be used outdoors.

· Left and unclaimed property. You are responsible for ensuring that all your personal possessions and those of other members of your party are removed from the property upon your departure. However, if items are found, we would make best endeavours to return items to you with a minimum charge of £30 plus shipping costs. The owners reserve the right to dispose of any personal belongings that are left after departure without further reference to you if not reclaimed by you under these conditions.

· Fuel. Electricity and oil are included in the rental price (there is no gas at the property). A supply of suitable logs for the wood burner will be provided by the owner for use in the winter months. No coal or wet wood may be used in the property.

· The property is a no-smoking environment. Smoking is prohibited at all times inside the property and on any outside space belonging to the property. If smoking is reported or discovered during your stay, we reserve the right to ask you to vacate the property immediately without the right to a refund for the unused portion of your stay. No lighted candles are allowed in the property.

· Right of entry. The owners of the property or their representative shall be allowed the right of entry at all reasonable times for inspection, repair or maintenance purposes. In the event of an emergency, immediate access may be required.

· Minimum hire. The standard minimum hire of the property is seven nights. However, shorter stays may be offered between November and Easter, excluding the Christmas and New Year period. Also, at short notice in the months of April to October, there may be opportunities for short breaks.

· Hire over the Festive Season. If you hire the property over the Festive Season, it is not permitted to attach any decorations or lights to the outside of the property or within the garden or within the property itself.

· Consideration. It is a condition of this contract that you and all members of your party (and visitors) show all due consideration for any persons connected with the property (eg neighbours) particularly with regard to anti-social behaviour that could cause upset and offence.

Complaints
We work hard to maintain the high standards that are evident from the display of the property on the website but sometimes expectations are not matched, or something may go wrong. If you are in any way dissatisfied with the property it is your obligation under this contract to raise any issue immediately with us so that all possible action may be taken to remedy the situation during your stay. We cannot consider complaints reported to us after the end of your stay when we have been denied the right to remedy matters.

Special requests
Any special requests must be advised to us at the time of booking e.g. early/late check-out. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your booking confirmation or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

Disabilities and medical problems

We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen accommodation. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

Copyright (images and text)
All text and images of the property are owned by Topaz862 Ltd and may not be used for any purpose whatsoever without written consent by Topaz862 Ltd.

Insurance
Adequate travel insurance is a condition of your contract with us. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Your travel insurance must provide adequate cover in respect of losses arising as a result of: government action, sickness, industrial disputes, adverse weather conditions, and pandemics that may cause cancellation or curtailment. Once the deposit is paid you are liable for the balance of the rental fee. You must make your own arrangements for insurance, as we do not offer this service.

Privacy policy
Please refer to our privacy policy for details about how we store and use your data. Privacy Policy.

Changes to these conditions
We reserve the right to amend these conditions at any time. The changes will be updated on our website.

Law and Jurisdiction
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us. We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

Severance
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of this agreement.

Rosemary Cottage | Dittisham

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Terms and conditions