Tarn & Fell Escapes Ltd (company registration 14645817) whose registered office address is at C/O Towers and Gornall Ltd, River View, 96 High Street, Garstang, Preston, Lancashire, PR3 1WZ (trading as Tarn & Fell Escapes and also referred to as “the Company,” we, us, our) is a holiday letting agency. We do not own any of the properties listed on our website or in any other marketing. We have been appointed as an agent to work on behalf of the property owner (“the Owner”) and at the time of booking, a legally binding agreement is made between you (also the hirer, your, lead guest, party, group, occupant, and any plurals of the same) and the Owner. The terms of that agreement are set out below.
The hirer is entering into this agreement on behalf of the whole party who intend to occupy the property (“the Property”) and through placing a booking with the Company, you authorise that all party members agree to these terms.
Tarn & Fell Escapes Ltd is a VAT registered business as of 1st July 2024. VAT Registration Number is: 465907850.
These terms apply to all bookings made from 1st July 2024.
- Using these Booking Terms & Conditions
- The headings contained in this agreement are used to help navigate around this agreement and are for reference purposes only. They should not be deemed an indication to the meaning of the clause in which they relate.
- If you have any questions relating to this agreement, please use the Company as a point of contact and provide any clarification as necessary. The Company recommend that these queries are raised before we confirm a booking.
- Each of the paragraphs in these Booking Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or breached, the remaining paragraphs will remain in full force and effect.
- Booking
- Bookings are not accepted from individuals under the age of 18.
The hirer may book any property via email or over the telephone. Details of the accommodation will be offered to the best of our knowledge in either of these cases. Only once we have confirmation of the information hereunder and a deposit payment has been received can we confirm a booking. By providing us with the following information, you accept that the details are accurate at the time of booking.
– The name of the accommodation requested;
– The dates on which you wish to hire the Property;
– The name, address, telephone number and email address for the lead guest;
– Confirmation that you (the lead guest) are over 18 years of age;
– The number of occupants with a breakdown of adults, children and infants (ages specified in term 3);
– If any pets will be occupying the Property (see term 4 for more details on our policy with regards to accepting pets) - Once the Company is in receipt of the deposit payment (see term 8), and the details have been reviewed by the Company, email confirmation will be sent to you confirming the details of your booking. You must check the details in this email as soon as is reasonably possible and inform us of any discrepancies as a matter of urgency. The Company are not liable should you fail to check the details of your booking confirmation and if an issue later arises.
- The hirer can also book any property through the Company’s website by following the instructions presented. Bookings made through the Company’s website remain provisional until confirmed in writing by the Company, and you agree that all information submitted is accurate at the time of booking.
- Note that the email you receive after placing a booking on our website only confirms that the booking is provisional, and at this point your dates are reserved. The Company will review the details of your booking as soon as is reasonably possible and send a second email confirming that the booking now has a confirmed status. At this point, you enter into the legally binding agreement with the Owner. You must check the details in these emails as soon as is reasonably possible and inform the Company of any discrepancies with urgency.
- In any circumstance the Company deems it appropriate, the Company as an agent reserves the right to refuse any booking made by email, telephone or through our website before confirmation of a confirmed booking is sent to you or cancel any booking before your arrival date. Any funds paid will be promptly refunded to the original payment method. Neither the owner nor the Company have any legal responsibility to the hirer in this case.
- Bookings are not accepted from individuals under the age of 18.
- Occupancy/Use/Access
- You must provide us with the total number of guests occupying the property at the time of booking and keep the Company informed of any changes to this number before your rental of the property commences.
- The total number of guests must not, in any case, exceed the number provided on the Company’s website. If for any reason the Company believes that the guest occupancy exceeds this number, with suitable evidence, a sum divisible of the total holiday cost will be refundable to the Company (e.g., a property with a maximum occupancy of 5 people costs £1000, one additional guest would result in a payment due of £200).
- In addition to term 3.2, the additional person must vacate the rental immediately. Failure to comply with this term will result in the entire group being required to leave the accommodation immediately and, in this case, no refund or compensation will be offered by the Company or the Owner.
- At the time of booking, the Company require the total number of occupants to be categorised into adults (aged 16+), children (aged 3-16) and infants (0-3). These ages represent the age of the person at the time of occupying the accommodation, not at the time of booking.
- By making a booking with the Company, you agree to use the property as a short-term rental for the number of people shown on your confirmation. Under no circumstance must the property be used for any commercial, illegal, or subletting activities. Should the Company feel the property is being used in any of these ways, all occupants may be requested to vacate the rental immediately and, in this case, no refund or compensation will be offered by the Company or the Owner.
- Pets
- Pets are only permitted in those properties where it’s made clear in the property description on the Company’s website, and where they are notified of them at the time of booking. Some properties require an additional sum of money to cover additional cleaning costs related to accepting pets, and this will be clearly advertised to you before making a booking.
- The term pets refer only to dogs. Should you wish to bring any other pet with you to the rental property, please request this in writing and we will ask the Owner for their permission. The Owner has complete discretion to allow or refuse such a request and in the case that your request is rejected, neither the Company nor the Owner are liable to refund any funds paid or compensation to you in any way.
- Pets must not be left unattended in any rental property (including the garden) under any circumstance. Pets are not allowed in the bedrooms or on any furniture within the holiday rental and evidence of fouling will incur extra charges.
- Where the term ‘enclosed garden’ is used in our marketing, the Company do not suggest that the garden is ‘escape proof’ and we suggest that you make suitable allowances for this.
- If for any reason the Company believe that there is a pet staying with you in an accommodation that is not clearly advertised to accept pets, an extra fee will be charged, and you will be asked to remove the pet from the rental property immediately. Failure to comply with this term may result in the entire group being required to leave the accommodation immediately and, in this case, no refund or compensation will be offered by the Company or the Owner.
- Where pets are not permitted at a property, this is clearly stated in the property description, however, registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all our properties, even where the property description states that pets are not allowed. Customers with allergies should be aware that the Company cannot guarantee that a pet or registered guide and/or support dog has not stayed in their chosen property, nor can the Company accept liability for any suffering which may occur as a result of such animals having been present.
- Arrival & Departure
- Check-in is strictly from 4pm on the day of arrival and only where prior consent has been agreed must you enter the property before this time.
- You must vacate the property by 10am on the day of departure and only where prior consent has been agreed are you able to depart later than this time.
- Information including the full property address and how to gain access to the property will be sent to you (via email) 7 days before your arrival; this information cannot be shared any sooner in protection of owners’ interest.
- The Company must be made aware of any issues without reasonable delay, and the Company will endeavour to discuss and resolve any issues with you in a timely manner. You can contact the Company as advertised on our website and in accordance with the out of hours service offered (see the information sent out 7 days prior to arrival).
- We expect that the property is left in good manner, and as close to how you found it on arrival. The washing up of all kitchenware and emptying of bins is required. Should the Company feel the property has been left in an unacceptable state, extra charges may be incurred.
- Damage, Breakage & Loss
- All damage, breakage and loss caused by you, or your pets, must be reported to the Company without delay and before the end of the hiring period.
- You, the hirer, are responsible to reimburse the Company or the property owner for any damage, breakage or loss at the requested price.
- If the Company or the property owner become concerned about the level of damage, breakage or loss caused, both the Company and the property owner reserve the right to enter the rental accommodation and can ask guests to vacate the property with immediate effect where we deem it appropriate. In this case, no refund or compensation will be offered by or the property owner.
- Security Deposit
- In some cases, the Company may require the hirer to pay a security deposit. If this applies, it will be clearly advertised before making a booking and the amount payable (and when payable) will be made clear on your booking confirmation.
- Most of the properties the Company market will not take an upfront payment to act as your security deposit. In the instance that they do, refer to term 7.1. Instead, and in most instances, you agree to the Company having the right to charge your bank card with the advertised amount for 7 days before your arrival and 7 days after your departure. This is called a pre-authorisation and it may be that a member of the Company’s team calls you in advance of your stay to make these arrangements.
- The Company or the Owner have the right to withhold the full, or some, value of the security deposit should we feel any of the terms in this agreement be breached, or in any of the following cases:
- To reimburse for damage, breakage or loss in accordance with term 6. We reserve the right to withhold the full amount paid for any damage, breakage or loss, irrespective of the replacement cost. If the cost of replacement exceeds the security deposit paid, you agree to reimburse the Owner for the full replacement cost, in line with the total invoice value;
- If we feel you have left the accommodation in an unacceptable state and additional cleaning is undertaken, outside of our usual housekeeping service and what is reasonably expected;
- To reimburse for stains to bed linen and towels where irretrievable to their condition on arrival.
- Payment
- When making a booking in accordance with term 1 in this agreement, you are legally responsible for abiding by the following payment terms:
Payment Terms Amount(s) Payable If your booking is made within 8 weeks of the arrival date 100% of the total rental price due upon booking, plus any security deposit due If your booking is made more than 8 weeks from the arrival date 25% deposit of the total rental price at the time of booking, with the remaining balance of 75% plus any security deposit due no later than 8 weeks before the arrival date - Payment can be made to the Company by credit card and debit card. The Company also accept BACS payment (bank transfer) upon special request. Cash or cheques will not be accepted. You cannot pay the owner directly for the rental of any accommodation, or for services that the Company offer on their behalf.
- If payment is not made in a timely manner and in accordance with the table above, the Company reserve the right to cancel your booking at any time.
- We advise that you have suitable insurance before entering into this agreement.
- When making a booking in accordance with term 1 in this agreement, you are legally responsible for abiding by the following payment terms:
- Property Description/Website Accuracy
- While we work hard to ensure the details on our website are accurate and up to date, neither the Company nor the property owner accept responsibility for any differences that may be presented between our website and the actual property. The exteriors, furniture, furnishings and layout of the property may differ from the photos on our website. Neither the Company nor the property owner are liable to refund or compensate you for any discrepancies found within the website.
- Should the property owner make any significant changes to the provision of the facilities within the accommodation, we will contact you as soon as practically possible.
- We accept no responsibility for the details of local attractions/services changing, should they be referenced on our website and in any marketing materials we use.
- If anything on the Company’s website is unclear – or if you have any questions about the property you are booking – please clarify this with the Company before booking.
- Miscellaneous Property Information
- Cots and highchairs – Note all the accommodation the Company markets can have cots and highchairs, unless stated on our website. You are recommended to check their availability and request one should it be required. When booking online, you will be given the option of adding a cot and/or highchair if applicable. Please note that the Company does not provide the mattress or bed linens for safety reasons. These items vary in age and condition. Should your request for a cot or highchair be overseen, please contact without delay and in accordance with the Company’s out of hours service.
- Bed linen – All properties managed by the Company provide bed linen and towels for the total number of guests that the property accommodates at no extra cost, except for cots as per term 10.1 above. If you are staying for more than 7 nights, please contact the Company about a linen change as this will not be carried out without prior agreement. If the Company’s website indicates that the beds within the property you’re hiring can be configured in different ways, you are required to give confirmation of this at least 7 days before your arrival. Any requests made after this date cannot be guaranteed.
- Accessibility – Some of our period and older properties may have uneven floors, walls and staircases. The Company advises that you request a copy of the properties Access Statement should you feel this may be an issue to you or anyone in your party. Occasionally, these properties may take longer to heat and ventilation that would normally prevent condensation (or similar) is weaker than in some newer properties.
- Utilities – Electricity, oil, gas and water (primary utilities) are included in the rental rate for the duration of your stay. Some properties provide an initial supply of logs, and this will be indicated in the specific property description. Wi-Fi will be available in most properties (as indicated on our website), but the Company accept no responsibility for any signal issues as this is provided by a third party. We do not guarantee any mobile reception at any of our properties. Any appliance stated in the property description should be working. If this is not the case, the Company shall endeavour to fix it, but no compensation will be given in the event we cannot do so. Neither the property owner nor the Company accept any responsibility should any of the primary utilities be unavailable for reasons beyond our control.
- Access – the Company or any third party authorised by the same reserve the right to access any of the properties advertised on our website at any reasonable time during your stay. In an emergency, for necessary maintenance or wherever we deem it appropriate, the Company may enter the property without prior consent from you, the guest, at any time. Routine maintenance like window cleaning and gardening may be operated during your stay, but such tasks will be carried out with the utmost respect for your privacy. The Company will ensure the works are carried out with minimal disruption and at reasonable times of day.
- Water Supply – Due to the rural location of much of the accommodation the Company offer, some properties may have a private water supply. If this is the case, although tested, you are recommended to either boil tap water before consumption or drink bottled water.
- Septic Tanks – Again, due to the rural location of much of the accommodation the Company offer, some properties may have a septic tank. You will be asked to avoid putting anything down the toilet except human waste. Everything else is to go in the bins provided and no harsh cleaning products containing bleach are to be used anywhere. Such instructions will be made clear in the accommodation.
- Electric/Hybrid Vehicle Charging – Electric/hybrid car charging is not allowed in any property, unless clearly stated on our website that such facility is available. You further agree that you shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may pose a safety risk or cause damage to the property. A breach of either of these conditions will result in you being charged a fine of £100, plus being liable for any damage caused to the property.
- Minor Incidents – the Company, together with the Owners, work hard to ensure that the property is in good order for your stay, however minor incidents may occur during your stay, for example a light bulb failing or a fuse blowing. The Company ask for your cooperation, understanding and the application of common sense in order to help resolve any issues that do occur during your stay; replacing a broken light bulb where a spare is provided, for example. The Company and/or the Owner will attempt to resolve any issues that occur during your stay; however, this may not always be possible and neither the Company nor the Owner can be held liable for any perceived or actual loss resulting in this failure.
- Smoking – All our properties are non-smoking and smoking is not permitted indoors in any instance. Smoking in a clear environment outside is acceptable but only on the basis that all evidence of this is removed from the accommodation and its legal boundary. Failure to comply with this may result in additional cleaning charges.
- Lost Property – Lost property must be reported to the Company as soon as is reasonably possible. Any items found will be posted back to you only once payment for the same has been settled via BACS or debit/credit card payment. The Company do not take responsibility for returning any items. Food and drink will be disposed of.
- Complaints
- Should there be anything untoward with your accommodation, you must contact the Company without delay. All complaints must be put in writing and be made before the end of the hiring period for the Company to act on them. We will work hard to rectify any issues you experience during your stay and wherever possible. In the instance that we need a third party (e.g., electrician, plumber) to resolve your issue, neither the Company nor the property owner can be responsible for the time they take to resolve such issue.
- Liability
- No liability is accepted by the Company or the property owner for any loss, damage, sickness or injury howsoever caused which may be sustained during the holiday to you, a member of the party or any invited person, or any car and its contents, or any possession of you or persons defined as above.
- Neither the property owner nor the Company can accept responsibility or pay any compensation where events are beyond our control with unforeseen circumstances such as natural disaster, force majeure, fire, flood, weather damage or adverse weather conditions, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity and/or similar situations that occur. In any other instance, we would direct you to your insurance provider.
- Unless otherwise stated anywhere within our business, the Company do not have any control over the property owner and their decision relating to booking amendments, cancellations and any other terms relating to the rental of their property sit with them. Their decision will be final in all instances.
- Neither the owner nor the Company accept responsibility for works/building/noise/disturbance that comes from any property outside of its official boundary. We will endeavour to contact you in the instance of which we expect the same, but in no case will we be liable to refund or compensate for this.
- The Company will not pay more than the booking price paid by you, if the Company are found to be at fault in relation to any service we provide (as opposed to any service provided by the owner, for whom we are not responsible). Similarly, the Owner will not pay more than the booking price paid by you, if they are found to be at fault in relation to any service they provide.
- Booking Amendments
- Should you wish to make any changes to your booking, these requests should be put in writing for us to consider with the Owner. The Company cannot guarantee that these requests will be granted.
- Any amendments that are granted will be applicable to an administration fee of £50, payable to the Company. The hirer may also have to pay for any costs incurred in accommodating these changes but we will make you aware of these costs before amending your booking.
- Any changes to the dates of your stay may be considered a cancellation and subsequently, you are recommended to refer to term 14 of this agreement. If new dates are agreed and are more expensive than those already paid, the extra will be charged for and no refunds will be given if you are changing dates to a lower value holiday. We cannot move between properties on any occasion due to the ownership of the properties we represent.
- The Company recommend that you have adequate insurance to cover any amendments you may need to make to your stay.
- Booking Cancellations
- If you wish to cancel your booking at any time, you must notify the Company in writing as soon as possible. Once the Company have received this, they will forward it to the property Owner for their consideration. All bookings will, by default, refer to the following cancellation terms (see table below) and the dates you had previously reserved will be made available for re-letting on our website and any third-party sites the Company use. In the instance that you have pre-authorised us to take a security deposit, this will be cancelled, and the Company will no longer hold authorisation to charge your card for the agreed amount (see term 7 for relating information).
Cancellation Terms Amount(s) Payable If you cancel your booking within 8 weeks from the arrival date and we successfully re-let the dates: You will be issued a refund to the value of the successful reletting amount, less a £50 administration fee. If you cancel your booking within 8 weeks from the arrival date and we are unable to re-let the dates: All funds paid will be forfeited and no refund will be issued. If your booking is cancelled in excess of 8 weeks from the arrival date and we successfully re-let the dates: You will be issued a refund to the value of all monies paid to date, less a £50 administration fee. If your booking is cancelled in excess of 8 weeks from the arrival date and we are unable to re-let the dates: You will forfeit any funds paid to the value of 25% of the total holiday cost. Any funds paid over this value will be refunded to you, and in both instances less a £50 administration fee. - The Company reserve the right to cancel your booking without need for refund or compensation should the Company feel any of the terms set within this agreement are breached, or in the interest of our business and the Owners. The Company may also, acting on behalf of the Owner, have the right to cancel a booking even after we have sent you the booking confirmation, where the owner notifies us that the property is unavailable for your intended holiday period. If this occurs, you shall be refunded any funds paid to date. In these circumstances, and sometimes in other circumstances too, the Owner may be liable to pay the Company certain cancellation changes for this or any other failure on their part, but this does not concern you, and you have no responsibility for such charges; this is a matter for the Company to work through with the Owner.
- Neither the Owner nor the Company are under any obligation to find you alternative accommodation in the instance of cancellation.
- The Company recommend you have adequate insurance for the instance “ of cancellation.
- If you wish to cancel your booking at any time, you must notify the Company in writing as soon as possible. Once the Company have received this, they will forward it to the property Owner for their consideration. All bookings will, by default, refer to the following cancellation terms (see table below) and the dates you had previously reserved will be made available for re-letting on our website and any third-party sites the Company use. In the instance that you have pre-authorised us to take a security deposit, this will be cancelled, and the Company will no longer hold authorisation to charge your card for the agreed amount (see term 7 for relating information).
- Privacy/Data
- In order to process and accommodate your booking, we must collect and use your personal information and data. Please see the Privacy Policy for more information on how the Company handle your data.
- Governing Law
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
- The prices and booking conditions on the website supersede all those previously published and they may be updated, changed or varied subsequently.