Elmwood Endeavours Ltd Trading as Artists’ Cottages
Terms and Conditions
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply holiday accommodation to you.
1.2 Why you should read them. Please read these terms carefully before you send your booking to us. These terms tell you who we are, how we will provide accommodation to you, how you, and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Special Arrangements. If you think that there is a mistake in these terms or require any changes or special terms, please contact us to discuss. We will be pleased to consider your request and will let you know if we can accept a special booking.
1.4 During the Covid-19 pandemic special arrangements apply regarding payment. See our website for details and contact us for payment methods.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Elmwood Endeavours Ltd Trading as Artists’ Cottages (company number 10698714). Our address is 12 The Lawns, Harrogate, North Yorkshire, HG2 9AS.
2.2 How to contact us. You can contact us by:
(a) Phone. Please telephone us on 0780 174 1807 or 01423 875 338;
(b) Email. Please email us at email@example.com;
(c) Post. 12 The Lawns, Harrogate, North Yorkshire, HG2 9AS.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on your booking form.
2.4 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
- MAKING A BOOKING
3.1 Booking Form. To occupy one of our properties please complete the booking form on the website and send it to us by pressing the ‘send’ button. You will not be able to do this unless you confirm:
(a) the property you are booking;
(b) the dates you require the property for;
(c) the names of the people in your party;
(d) whether you are bringing any pets;
(e) the price for the property;
(f) that you are over 18 years old;
(g) that you will only occupy the property during the period shown on the booking form;
(h) that the property will be used for holiday accommodation only; and
(i) that you have accepted these terms and conditions.
3.2 Payment. We require payment of one third of the total cost of the booking with the booking form. The deposit is non-refundable unless we are unable to accept your booking. The balance of the price must be paid in full 6 weeks before the start of the holiday. If the booking is made less than 6 weeks before the start of the holiday then the whole of the price must be paid with the booking.
3.3 How we will accept your booking. Our acceptance of your booking will take place when we email you accepting it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this by email and will refund the deposit. This might be because the property is unavailable for any of the dates you booked it for or because we have identified an error in the price or description of the property. If the property becomes available again we will contact you and you can decide then whether or not to proceed with your booking.
3.5 Your booking reference. We will assign a booking reference to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.
3.6 Pets. If you are intending to bring any pets please note the pets’ policy in clause 13 and contact us before making your booking.
3.7 Stag and Hen Parties. None of the properties are suitable for stag or hen parties.
- OUR PROPERTIES
4.1 Provision of the Property. The property will be substantially in accordance with the pictures and description on our website.
4.2 Type of Property. Please note that:
(a) all the properties are unsuitable for people who are not able bodied and reasonably fit;
(b) staircases are all steep and narrow with short treads and extra care is needed in using them;
(c) it is not possible to fit stair gates at any of the properties;
(d) Artist’s Corner is unsuitable for pets or children under 12;
(e) Artist’s Loft is unsuitable for pets or children.
4.3 Properties may vary slightly from their pictures. The images of the proprieties on our website are for illustrative purposes only. Although we have made every effort to show the properties accurately, your property may vary slightly from those images.
4.4 Problems with the Property. If you have any problems with the property or complaints please contact us at any time. We will try to provide the information or remedy the problem as soon as possible.
4.5 Artworks. Many of the artworks in the properties are for sale. If you are interested in purchasing any please contact the artist whose details will be at the property and agree the purchase direct with them. Commission is not charged on any of the art works displayed in our cottages. All money goes to the artist.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your booking please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the property or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see Clause 7 – Cancelling your Booking).
- PROVIDING THE ACCOMODATION
6.1 Accommodation Costs. The costs of the accommodation are shown on our website and on the booking form. The amount shown is the complete cost and there are no booking, credit card or other fees.
6.2 Occupation of the Accommodation. You will be able to occupy the accommodation from 3.00 .p.m. on the first day of the period and must vacate it by 10.00 a.m. on the last day. Please contact us if you would like to arrive or depart at different times.
6.3 We are not responsible for matters outside our control. If your occupation of the property is prevented by an event outside our control then we will contact you as soon as possible to let you know and we will allow you to occupy any of our other properties that is available. Provided we do this we will not be liable for any losses caused by the event, but we will refund any payments we have received for any period you have paid for if neither the property nor any other suitable property is available.
6.4 Owner’s Access. The owners will be able to access the property to inspect it, carry out repairs or any other reasonable purpose during the booking.
- CANCELLING YOUR BOOKING
7.1 Changing your mind. You can cancel your order by letting us know at least six weeks before the start of the period. Your deposit is non-refundable but you will not be liable for the balance of the price. If you cancel the booking less than six weeks before the start of the period you will be liable to pay us the full price in any event.
7.2 Insurance. We strongly advise that you arrange suitable holiday insurance to protect you against the cost of cancellation. We do not provide insurance.
7.3 If there is a problem with the property. We are under a legal duty to supply accommodation that is as described, fit for purpose and of satisfactory quality. In the unlikely event that what you have received is not as described, not fit for purpose or not of satisfactory quality you have the right to cancel the booking by letting us know and vacating the property.
7.4 Non-payment. If any sum is not paid on the due date then we may cancel the booking and retain the deposit.
- LETTING US KNOW
8.1 If you want to let us know that you are cancelling your order please contact us by:
(a) Phone. Please telephone us 0780 174 1807 or 01423 875 338;
(b) Email. Please email us at firstname.lastname@example.org;
(c) Post. 12 The Lawns, Harrogate, North Yorkshire, HG2 9AS;
(d) Online. Complete the form on our website.
8.2 When you contact us please provide your booking reference, name, home address, details of the booking and, where available, your phone number and email address and the reason for cancelling your booking.
9.1 When a refund will be made. If you cancel your booking more than 6 weeks before the start of the holiday we will refund the price you paid for the accommodation by the method you used for payment. However, we may make deductions from the price, as described below.
9.2 Deductions from refunds. If you cancel the booking because the accommodation is not as described, not fit for purpose or not of satisfactory quality we will not make any reductions. If you cancel your booking for any other reason we will retain the deposit and reduce your refund of the balance of the price to reflect any part of the period for which we are not able to re-let the property.
9.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- PRICE AND PAYMENT
10.1 Where to find the price for the product. The price of the accommodation will be the price indicated on the booking form when you made your booking. We take all reasonable care to ensure that the price of the accommodation advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price shown on your booking form.
10.2 What does the price include? The price includes:
(a) all towels and linen;
(b) all gas, electricity and water;
(c) a weekly change of towels and linen (if staying more than a week); and
(d) the use of log burning stoves.
(e) the reasonable use of all equipment and furnishings in the property
10.3 VAT. The price of the accommodation indicated on the booking form includes any applicable VAT. If the rate of VAT changes between the date of your booking and the date when you pay the balance of the price, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
10.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the prices shown on the website or your booking form are wrong. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.5 How you must pay. We accept payment with any of the credit or debit cards shown on our website form. We will also accept direct payments to our bank account during Covid-19.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us and supplied with reasonable skill and care.
11.3 We are not liable for business losses. We only supply the accommodations for use as holiday accommodation. If you use the accommodation for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we may use your personal information. We will only use your personal information in connection with the administration of your booking. And to send information regarding future offers. We will not disclose your personal information to any third parties.
12.2 Retention of personal data. We will not retain your personal data for more than 36 months after the conclusion of the booking.
13.1 Permitted Pets. Pets are only permitted at the property with our prior agreement. We only accept a maximum of 2 small animals and request that dogs are caged overnight. Pets are not permitted on furniture or upstairs.
13.2 Owner’s Responsibilities. Pet owners must ensure that:
(a) they supply any pet bedding dishes or bowls required by their pets and do not use those provided;
(b) all pets are caged overnight;
(c) pets do not go upstairs or on furniture;
(d) pets are not left unattended at the property; and
(e) any additional requirements agreed with the owners are complied with.
13.3 Financial. Pet owners will pay:
(a) a charge of £35 per pet for each week or part week; and
(b) the costs of any extra cleaning or repairs as a result of the pet being at the property.
- OTHER IMPORTANT TERMS
14.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the accommodation in the English courts. If you live elsewhere we can bring legal proceedings against you in either the English courts or your local courts.
15. DURING YOUR STAY
15.1 Your responsibilities. When occupying the property you must:
(a) keep the property and all furniture fittings and equipment in the same state of repair and condition as they were in at the start of the period;
(b) leave the property as clean as it was at the start of the period;
(c) not smoke or allow anyone to smoke (including vaping) in or outside the property;
(d) allow more people to sleep at the property than shown on the booking form or subsequently agreed with us;
(e) carry on or permit any behaviour which is illegal or causes unreasonable noise or disturbance;
(f) not use any candles;
(g) only use kiln dried logs and kindling in any fires;
(h) not wash any of the towels or linen we provide.
(i) must not use the property for any illegal or unauthorised activity.
15.3 Breakages. If there are any breakages you should notify us as soon as possible. We will try to replace the broken item as soon as possible.
15.2 Termination. We hope you enjoy your stay but if you are in breach of these conditions we reserve the right to terminate your occupation and the contract. If so you must vacate the property immediately. We will not be liable to refund any part of the price if we terminate the contract because you are in breach of it and may charge you for any additional costs (e.g. cleaning) we incur as a result of your breach.
16 AT THE END OF YOUR STAY
16.1 Vacating the Property. When vacating the property you should:
(a) leave the premises as you found them;
(b) ensure the BBQ and BBQ equipment are properly cleaned;
(c) wipe the inside of the oven and microwave;
(d) ensure all windows are secured;
(e) ensure all external doors are locked;
(f) ensure all patio gates are securely fastened;
(g) switch off all lights;
(h) leave the boiler running;
(i) turn all radiator thermostats to low positions;
(j) turn all room thermostats to 12°C unless you are returning within a few hours;
(k) do not switch off hob or oven from mains switches;
(l) do not unplug appliances;
16.2 Keys. When you leave a property please ensure all keys are:
(a) returned either to keysafe (if that is where you obtained the keys);
(b) at Artists’ House leave the keys on the dining table and leave front door secured on the top latch;
(c) in all other properties lock the door and post the keys through the door