Terms & Conditions
Updated 1st September 2023. For reservations made PRIOR to 1st September 2023 please see the previous version of the Terms & Conditions here.
Please ensure you read these Terms and Conditions carefully prior to completing your booking. If you think that there is a mistake or require any changes, please contact us using the contact details below to discuss. We will confirm any changes in writing to avoid any confusion.
Definitions
In these Terms and Conditions, words with capital letters will have the meanings given to them in the Booking Form or as shown below:
“We”, “Our”, “PU” and “Us” refer to The Big House on the Hill / Plas Uchaf which is a trading name of Etre Design Ltd incorporated and registered in England and Wales with company number 5808594 whose registered office is at SG House, 6 St Cross Rd, Winchester, Hampshire, SO23 9HX.
“You” and “Your” refer to the person or persons who sign the Booking Form or anyone acting on their behalf. “You” and “Your” also refers to all members of the group staying at the accommodation as part of the booking, and any persons, your contractors or your employees visiting the property during your stay.
“Booking” the booking made by you when We have confirmed the booking request made by You in the relevant Booking Form and We have received Your Deposit payment.
“Booking Date” refers to the date shown on the Booking Form which is the period for which You intend to stay at the Accommodation.
“Booking Form” means the Big House on the Hill / Plas Uchaf Booking Form signed by You.
“Circumstances Beyond Our Control” means any act or event beyond Our reasonable control, including without limitation postal communication, plant failures, supply of gas, electricity and water, fire alarm evacuation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.
“Accommodation”, “Property” and “Grounds” constitute the entire property and surrounding gardens at Plas Uchaf / Big House on the Hill.
“Contract” means the Booking Form and these Terms and Conditions.
“Deposit” means the sum of £500.
“Security Deposit” means the sum of £350.
TERMS
We, Big House on the Hill / Plas Uchaf, will undertake to provide the Accommodation subject to the following Terms and Conditions:
Booking Process
1. The Accommodation is available when booked in advance. The price of the Accommodation as set out on the Booking Form includes the hire of the Accommodation. Please refer to clauses 20 and 21 of these Terms and Conditions for details regarding check-in and check-out times.
2. Payment of the Deposit must be made at the time You submit your Booking request for the Accommodation to Us. Please note that Your contract with us is not binding until You have paid the Deposit and We have notified You of Our acceptance of Your booking request in writing.
3. The remaining balance of the Accommodation Fee is due 60 (sixty) days before your Booking Date, along with the 'Security Deposit'. Should your Booking Date commence within 60 days of the time of booking, the entire balance of the Accommodation Fee and Security Deposit is due at the time of booking.
4. If your payment has been processed via a 3rd party booking agents, such as Airbnb, the payment terms for your transaction can be found on their websites. All other Terms of this agreement still apply to bookings made through 3rd party booking agents.
Cancellation / Changes to Booking
5. We may cancel the Booking if You do not pay the balance of the Accommodation Fee by the due date. In the event of cancellation under this clause 5, You shall be liable for 100% of the Accommodation Fee which shall be payable in accordance with clause 5.
6. You agree to give Us as much notice as possible in writing if for any reason You wish to cancel your Booking with Us. If You do need to cancel Your booking of the Accommodation, We are entitled to charge you a cancellation fee of £50 to in certain instances to cover the administrative, marketing and sales costs involved in processing the cancellation and seeking replacement bookings, and the following refund policy will apply:
Notice of cancellation received by Us more than 60 (sixty) days before the Booking Date – refund of 100% of the Accommodation Fees already paid to Us, less the £50 cancellation fee;
Notice of cancellation received by Us on or less than 60 (sixty) days before the Booking Date, then the full Accommodation Fee is due;
PROVIDED that, where We are able to secure an alternative booking for all or part of the Accommodation for the dates in respect of which You have cancelled Your Booking, we will set-off the amounts paid to us for such alternative bookings against the Accommodation Fees due from You as stated above, and refund the difference to you, less the £50 cancellation fee. For the avoidance of doubt, on no account will we be liable to pay to You more than the Accommodation Fees paid by you to Us.
We highly recommend that you take out cancellation insurance to cover Your costs in case You need to cancel Your Booking for any reason.
7. If You need to change the Booking Date, You must give Us as much notice as possible by sending a request in writing.
All transfers of dates are subject to availability. Please note that a requested change or transfer of Your Booking will be treated as a cancellation of your original Booking with us and the provisions of clause 3 will apply. Any replacement booking will be treated as a new booking and will be made subject to the Terms and Conditions and prices prevailing at the time of the new booking.
When and if We agree to the transfer of date by notice to You:
a) the original Booking Date will be released and no longer held for You; and
b) the cancellation fee referred to in clause 3 will need to be paid immediately to Us by bank transfer before transfer of the Booking Date can be completed;
c) if the total Accommodation Fee due for the new Booking Date at the prevailing rate is higher than the total amounts You have already paid to Us for the original Booking Date, the difference will be due immediately in order to confirm and complete the transfer of date;
d) if the total Accommodation Fee due for the new Booking Date at the prevailing rate is lower than the total amounts You have already paid to Us for the original Booking Date, the difference will be set off against any further payments due to Us from You, or refunded to You to the extent that no such further payments are due from You to Us.
8. We will not be responsible for any failure to perform any aspect of this Contract or delays or changes resulting from Circumstances Beyond Our Control or any failure of a third party.
Use of Facilities
9. We will provide a welcome hamper as part of Your stay which will be made available to you in the kitchen. We cannot guarantee the absence of certain food groups (including nuts and gluten) from Our food. The contents of the hamper may vary throughout the seasons and be subject to produce availability.
10. We do not accept any liability for any items of lost property belonging to You or Your guests. We will not be responsible for the loss, damage or theft of any personal items or vehicles during your stay.
11. We reserve the right to change without notice any aspect of the Accommodation in the event of Circumstances Beyond Our Control arising.
12. We reserve the right (acting reasonably) to redecorate and to change the configuration or fixtures and fittings of the Accommodation in Our absolute discretion.
13. We reserve the right to require, at Our absolute discretion, You or Your guests to leave the premises if they are behaving in a drunk or disorderly manner, or use abusive, violent or threatening behaviour.
14. You may not use the property for any other use than holiday accommodation, nor use the property for any illegal or dangerous, offensive, noisy, illegal or immoral activities.
15. Any soilage to Our property by You or Your guests will be Your responsibility and will attract an additional minimum charge of £150 per incident, which will be deducted from your Security Deposit. If necessary, We will contact You after Your stay in writing to recover any additional costs incurred due to any incidents. These costs include Our costs for specialist cleaning, repair or replacement of damage by You or Your guests to Our property, the cost of the overnight accommodation for any period it is unusable and Our administration costs.
16. You and your guests must not;
i) play any loud music outside, including in the covered hot tub area at any time of the day.
ii) use any candles or naked flames inside the property unless with prior written consent at our absolute discretion.
iii) Bring any illegal, offensive or dangerous materials into any part of the Accommodation; or
iv) Temporarily or permanently attach or fix anything to the internal and/or external walls, floors or ceilings of any part of the Accommodation.
v) Light any fires, fire pits or portable BBQs in the grounds of the property.
You agree to indemnify us and hold us indemnified for any costs incurred by Us in full if You or Your guests breach this clause.
17. We take pride in providing well maintained accommodation and We ask guests to take care when staying in the Accommodation. You agree to report any incidents or breakages when they occur. We do not normally charge for minor breakages or damage, but We reserve the right to deduct any costs for repair or making good or replacing an item from your Security Deposit if the damage or breakage is significant. For the avoidance of doubt a significant breakage is one that involves an item or items with a replacement value of £25 or over and Our decision as to whether a breakage is significant will be final. You will be notified in writing of Our decision, within 72hrs of check out.
18. You are solely responsible and liable for any damage to or theft from the property or its contents by You or any of Your guests, or by any of Your contractors or any servant of any of the above and agree to indemnify Us in this regard.
19. Up to 14 persons and 2 babies (aged under 2) are permitted to stay at the Accommodation. No further guests may occupy the accommodation, both indoors and outdoors, for any purpose during your stay, unless prior written consent has been given by Us at our absolute discretion. Any pre-arranged permitted extra guests may be subject to additional charges.
20. Check-in time is from 4pm on Your Booking date, apart from by special request.
21. Check-out time on the day of departure is 11am, unless by special arrangement. Should You or Your guest fail to check out by this time We reserve the right to charge You a Late Leavers Fee of £100 plus VAT per hour or part thereof in respect of each such late departure. You are responsible for the return of all room keys to Us on check-out and if You fail to do so, we reserve the right to charge You for a replacement key or lock as required.
22. You are responsible for ensuring all exterior doors are locked on departure and all windows are closed.
23. No smoking is allowed anywhere inside of the buildings on the property, including the open fronted building adjacent to the hot tub. If necessary, We will contact You after Your stay to recover costs incurred due to smoking. These costs include Our costs for specialist cleaning, repair or replacement of damage by Your or Your guests to Our property, the cost of the overnight accommodation for any period it is unusable and Our administration costs. All cigarettes must be safely extinguished in the two outdoor ashtrays provided, and disposed of in a safe and tidy manner.
24. No children under the age of 18 are permitted to be left unsupervised at the accommodation at any time.
25. No dogs, pets or any other animals, including working animals are permitted to stay in the Accommodation during Your hire, without prior written consent. If consent is given, You will be asked to complete and return a Pet Stay disclaimer form to Us.
26. Parking for the Accommodation is situated at the property for You to use at Your own risk. You agree that You will leave Your vehicle(s) securely parked and that no valuables will be left on display. We will not be liable for any damage or loss that You may suffer or that occurs to Your vehicle(s).
27. You must complete and return the hot tub disclaimer form that can be found on Our website to us prior to the commencement of Your stay. Should the disclaimer form not be received prior to the commencement of Your stay, the hot tub will not be available for Your use.
28. You must not enter on foot any of the adjoining fields to the property during Your stay. This includes the field that the driveway comes through.
29. You must ensure that You drive with care and attention, and do not exceed 10mph on the driveway, due to the presence of livestock in this field. We cannot be held liable for any damage to any vehicle caused by livestock or the condition of the driveway.
30. You will cross two cattle grids on the driveway approach to the property, and should approach these with extreme caution. We accept no liability, nor can be held liable for damage to any vehicle by these cattle grids.
31. No vehicle must be parked or left unattended on the driveway or in the field at any time. In the event of a breakdown on the driveway you must inform us immediately.
32. You must not charge or attempt to charge any electric vehicles at the property during your stay. We do not have an electric charge point. Failure to abide by this could cause additional load and damage to the electrical circuits which are not designed for this use. We reserve the right make a charge of £100 should we discover electric vehicles have been, or have been attempted to be charged.
Liability and Indemnity.
33. This clause sets out Our entire financial liability to You and Your guests in respect of:
i) any breach of contract or negligent performance of the Contract;
ii) any negligent performance by Us (or Our employees or contractors) connected with the Contract;
iii) any representations, statements or negligent or harmful acts or omissions arising under or in connection with this Contract.
Nothing in this Contract limits or excludes Our liability for death or personal injury resulting from negligence; or arising as a result of fraud or fraudulent misrepresentation.
Subject to the above, We will not be liable for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by You or Your guests in the exercise of the rights granted by this Contract.
Subject to the above provisions of this clause 33:
iv) where We have been negligent and/or breached a contractual obligation to You, We will be liable for any loss or damage You suffer as a result, as long as the loss or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our negligence or breach of contract, or would have been considered by You and Us to be a likely consequence of it at the time the parties entered into the Contract.
v) Our total liability in contract, tort (including negligence), breach of statutory duty, misrepresentation restitution or which otherwise arises in any way in connection with the Contract shall be limited to the Accommodation Fee.
vi) We exclude liability, and You undertake to assume liability for any damage to or loss of any items or articles brought on to the Accommodation by You or any of Your guests, including any article left at the Accommodation after Your stay.
34. You agree to indemnify Us and to hold Us harmless in respect of any damage to or loss of Our property howsoever caused during or as a result of You or Your guests’ stay at the Accommodation, save to the extent caused by Us or an employee or agent of Ours.
General
35. This Contract constitutes the entire agreement between Us and You. You may not rely on anything that has been said by Us which is not set out in this Contract unless We have agreed to any changes or additions in writing, which We have signed and attached to these Terms and Conditions. If there is something that You consider should have been included into this Contract, then You will notify Us prior to signing the Booking Form so that We may add it to these Terms in writing before You accept these Terms.
36. We may revise these Terms from time to time with regard to how We accept payment from You and if We need to do so to comply with any relevant laws and regulatory requirements. If We have to revise these Terms We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract at this point if there is a material disadvantage to You but please refer to clause 3.
37. The Booking is not assignable by You to any other party without Our prior written consent.
38. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable it shall be deemed modified to the minimum extent necessary to make it valid legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity or enforceability of the rest of this Contract.
39. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
40. You shall not be entitled to a new tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
41. i) You remain fully responsible to ensure that at the time of arrival, your booking complies with the current Covid-19 Welsh Government regulations. You remain liable for all fines or other charges relating to any breaches of Government policy, including any fines levied to the business relating to your booking. We act in good faith that the information you provide on your booking form is correct, and that your booking is compliant.
ii) If you require self-isolation due to Covid-19, or epidemic, pandemic or critical illness at any time during your stay You need to advise us immediately. You will also be required to make any additional payments, prior to Your original holiday end date, if your stay is extended due to self-isolation. You will be liable for the additional accommodation cost for the duration of extended stay at the advertised rates; any cancellation fees that we need to provide to future guests; and costs relating to the deep cleaning of the property. For the avoidance of doubt the cleaning costs are capped at £150.
42. A person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Contract.
43. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
Contact:
44. If you require clarification of any aspect of our service or Terms and Conditions, please do not hesitate to contact us at hello@bighouseonthehill.co.uk before submitting the Booking Form accepting these Terms and Conditions.