Terms of Trade

1 Agreement

1.1 These Terms and Conditions are printed in the brochure and on the reverse of the confirmation invoice. The making of a booking will form an agreement on these Terms and Conditions between the Visitor and Nibthwaite Grange Holiday Lettings for the holiday rental of the Accommodation.

1.2 Nibthwaite Grange Holiday Lettings permits the Visitor to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.

1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and shall make his or her party fully aware of these terms and conditions.

2 Price Changes

2.1 Holiday prices are reviewed each year in autumn, for the coming calendar year. Once prices are reviewed, the price for each Visitor’s booking is confirmed on their confirmation invoice.

2.2 If the Visitor has booked in advance of the price review, and the price for their holiday has changed as a result of the review, Nibthwaite Grange Holiday Lettings will notify the Visitor in writing as soon as possible. Nibthwaite Grange Holiday Lettings will then ask the Visitor to confirm the booking at the agreed new price, or confirm that they no longer wish to continue with the booking. Should the Visitor choose not to continue they shall be entitled to a full refund

2.3 If Nibthwaite Grange Holiday Lettings has not heard back from the Visitor within 4 weeks it shall notify them again and if it has still not received confirmation within a further 4 weeks it shall have the right to terminate the booking. In such circumstances, Nibthwaite Grange Holiday Lettings will only be liable for the return of the deposit. It is important in order for Nibthwaite Grange Holiday Lettings to correspond with the Visitor that the Visitor keeps Nibthwaite Grange notified of any changes in their contact details by writing to Nibthwaite Grange, Nibthwaite, nr Ulverston, Cumbria, LA9 4DF or by calling 01229 885 622 or by contacting us HERE.

3. Booking and Payment Terms

3.1 For bookings made 8 weeks or more in advance, the booking for a holiday will be effective when a deposit of at least one third of the holiday price (rounding up to the nearest pound sterling) has been received by Nibthwaite Grange Holiday Lettings. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 working days or less if within 3 months of the holiday start date. 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 8 weeks before the holiday begins.

3.2 For bookings made for a holiday less than 8 weeks away, full payment must be made at the time of booking.

3.3 The holiday price includes Value Added Tax (“VAT”). If rates of VAT change from that included in the holiday price Nibthwaite Grange Holiday Lettings may amend prices accordingly.

3.4 All payments can only be accepted in Pounds Sterling and a credit card charge applies for payments made using Visa, MasterCard or American Express of 1.5% on the total booking value. No charge applies for payments made by Debit card.

4 Cancellation

4.1 If a visitor wishes to cancel a booking it must give Nibthwaite Grange Holiday Lettings notice in writing as soon as possible. A 100% cancellation charge will be payable. On receipt of the written cancellation Nibthwaite Grange Holiday Lettings will endeavour to re-book the Accommodation 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 £50.00 (fifty pounds) to cover office administration.

4.2 If, following a booking, the full balance is not paid on time, Nibthwaite Grange Holiday Lettings shall notify the Visitor. If, after 30 days from the date on which full payment is due, full payment has not been received by Nibthwaite Grange Holiday Lettings then it may cancel the holiday booking and the above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.

5 Right to Refuse/Alter

5.1 Nibthwaite Grange Holiday Lettings may, at its discretion, refuse any booking.

5.2 Nibthwaite Grange Holiday Lettings may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary: (a) due to circumstances beyond the reasonable control of Nibthwaite Grange Holiday Lettings; or (b) to perform or complete essential remedial or refurbishment works.

5.3 If a booking is altered or cancelled by Nibthwaite Grange Holiday Lettings due to circumstances beyond its reasonable control, it will take reasonable steps to offer a suitable alternative booking. If Nibthwaite Grange Holiday Lettings is not able to offer such an alternative or the Visitor does not accept the alternative offered, Nibthwaite Grange Holiday Lettings will return to the Visitor the relevant proportion of the money paid by the Visitor to Nibthwaite Grange Holiday Lettings in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.

5.4 If a booking is altered or cancelled by Nibthwaite Grange Holiday Lettings in order to perform or complete essential remedial or refurbishment works it shall offer the Visitor a cottage in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed).

6 Change of Booking

6.1 Transferred bookings are not normally permitted e.g. a transfer from one cottage to another, a change in the Visitor or a transfer from one date to another.

6.2 Nibthwaite Grange Holiday Lettings may, at its discretion, accept transferred bookings subject to payment of a fee of £35.00 (thirty-five pounds). However, bookings will not normally be accepted within one month of the Visitor's holiday, or from one calendar year to another.

7 Maximum Numbers of Visitors Occupation must be limited to the maximum number of persons for the Accommodation stated on Nibthwaite Grange Holiday Lettings website, in the available beds only – no tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available in each cottage. To exceed the maximum number of persons in a cottage overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy 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 (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).

8 Services The holiday price will include all charges for water, gas, electricity, or oil. Visitors must comply with the instructions found in the welcome pack in the Accommodation regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to the Visitor.

9 Liability and Loss of Visitor Property

9.1 Any Visitor’s property found at the Accommodation will be subject to Nibthwaite Grange Holiday Lettings Holiday Cottages Policy regarding lost property. Lost property will normally be disposed of if it is not collected within 6 months and Nibthwaite Grange Holiday Lettings may charge a reasonable administration fee to cover the costs of storage and handling of lost property.

9.2 Nibthwaite Grange Holiday Lettings will not be liable for any loss of property 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 loss 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, Nibthwaite Grange Holiday Lettings.

10 Pets

10.1 Pets are not permitted

10.2 Assistance dogs are permitted in the Accommodation and the restrictions described in Clause 10.1 above do not apply to such dogs, however the Visitor must notify Nibthwaite Grange Holiday Lettings of the intended presence of any assistance dogs prior to booking.

11 Right of Entry

11.1 As with any accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. Nibthwaite Grange Holiday Lettings and its contractors may enter the Accommodation 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 Accommodation may be required. External windows and doors may be opened during this process.

11.2 Nibthwaite Grange Holiday Lettings will give the Visitor 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 Nibthwaite Grange Holiday Lettings will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.

12 Visitor Obligations

12.1 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. The Visitor agrees to make his or her party aware of these terms and conditions.

12.2 The Visitor agrees to keep and leave the Accommodation 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 Visitor must allow Nibthwaite Grange Holiday Lettings and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.

12.4 The Visitor must not use the Accommodation 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 Nibthwaite Grange Holiday Lettings or to any neighbours.

12.5 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.

12.6 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.

12.7 The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing with Nibthwaite Grange Holiday Lettings.

13 Damages and Security Charge

13.1 Nibthwaite Grange Holiday Lettings recommends that Visitors hold personal insurance for accidental damage and personal liability.

13.2 If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to Nibthwaite Grange Holiday Lettings immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.

13.3 All bookings will be subject to a non-refundable accidental damage charge, in lieu of being required to lodge a sum of money to cover the cost of accidental damage during your holiday. This charge exempts you from having to pay for any minor accidental damage and/or breakages in, at or to the cottage up to the value of £500 per stay and is payable to us with your final balance. This charge is not obligatory and if you prefer not to pay the accidental damage charge, you may pay a refundable damage deposit of £500 at the time of booking. The cost of any damage or breakages up to the value of £500 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 4 weeks of the end of your stay. Whether you pay the non-refundable accidental damage charge or the refundable damage deposit you will be responsible for the cost of any breakages and/or damage caused in excess of £500.

14 Occupation

14.1 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the holiday period, and not for any other purpose or longer period.

14.2 The maximum occupancy of the Accommodation shall not be exceeded. However Nibthwaite Grange Holiday Lettings will always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy (for example, a function or celebration). If the Visitor wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of Nibthwaite Grange Holiday Lettings. If permission is granted, an additional charge will be made.

15 Water Supply Nibthwaite Grange Holiday Lettings cannot accept responsibility for a shortage of water at the Accommodation 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 Nibthwaite Grange Holiday Lettings’s reasonable control.

16 Weather If the Accommodation becomes inaccessible due to bad weather Nibthwaite Grange Holiday Lettings will take reasonable steps to inform the Visitor.. However, Nibthwaite Grange Holiday Lettings’s liability does not extend to weather related conditions that affect public roads.

17 Comments/Complaints

17.1 Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the owner. Reasonable steps will then be taken to assist the Visitor.

17.2 Nibthwaite Grange Holiday Lettings is committed to ensuring that any problems or complaints the Visitor may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify Nibthwaite Grange Holiday Lettings or refusal of reasonable rectification may affect the Visitor’s right to compensation or repayment.

17.3 Visitors must provide a contact telephone number and suitable time for Nibthwaite Grange Holiday Lettings to communicate with them about problems or complaints. Visitors must allow access to the Accommodation by any staff or contractors of Nibthwaite Grange Holiday Lettings to resolve problems or complaints. If despite contacting Nibthwaite Grange Holiday Lettings the problem or complaint remains unresolved, the Visitor must contact the contact centre again. The Visitor must not independently move to other accommodation without first allowing Nibthwaite Grange Holiday Lettings the reasonable opportunity to assist in resolving the complaint or problem. If the Visitor does so, or refuses reasonable rectification, the Visitor may affect their rights to compensation or repayment.

17.4 Visitors must formally confirm any unresolved complaint in writing to Nibthwaite Grange Holiday Lettings within 28 days of return from holiday, addressed to: Customer Service Department, Nibthwaite Grange Holiday Lettings.

18 Arrival and Departure Times

18.1 The Visitor and his or her party must arrive after the arrival time (4pm on the first day of the holiday period) and depart before the departure time (10:00am on the last day of the holiday period). Nibthwaite Grange Holiday Lettings especially recommends arrival before 7pm in winter months where access to rural Accommodation is often made more difficult due to lack of local lighting. Any stay that extends over this period will be subject to a charge being made for additional days.

18.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday period and must return them on the last day of the holiday period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.

19 Rural way of life

The accomodation is located in a rural area and any action by the Visitor and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land belonging to Nibthwaite Grange Holiday Lettings, will constitute a breach of the Agreement by the Visitor.

20 Right to Evict

Nibthwaite Grange Holiday Lettings may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:

20.1 this is deemed necessary by Nibthwaite Grange Holiday Lettings where there is a serious breach by the Visitor of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of other visitors 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 Governing Law

The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.