BOOKING TERMS AND CONDITIONS

1. General
   1. The first named person on the booking form (the “Guest”) agrees, by signing the booking form, to enter into a contract with the owner of the rental property (“Property”) on the following terms and conditions.
   2. The Guest is responsible for the payment of the full price of the holiday and for ensuring that all members of their group comply with these terms and conditions. 
   3. The Guest must be aged 18 or over at the time when the holiday booking form is received by the Owner/Agent.
   4. The Guest and their group must comply with the Estate Rules of the Lower Mill Estate and the Code of Conduct for those staying at Lower Mill at all times during their stay.  A copy of the Estate Rules will be left in the information file in the Property for the Guest to read.  The key Estate Rules relevant to the Guests will be contained in the Code of Conduct which will be supplied to the Guest with the booking form and these Booking Terms and Conditions.  Together, the Estate Rules of the Lower Mill Estate and the Code of Conduct shall be referred to in these terms and conditions as the “Estate Rules”.  
2. Payment 
   1. The booking form must be accompanied by a holding deposit, the amount indicated on the booking form, per house to be let (or the amount otherwise indicated by the Owner for bookings over 1 week in duration). This should be paid to Cotswold Sleeps (the “Owner’s Agent”), by bank transfer to the account of Cotswold Sleeps, account number 48460368, sort code 30-91-91, reference: Guest’s name.  The Owner shall not be deemed to have accepted a booking until the holding deposit has been paid and a holiday confirmation has been issued by the Owner’s Agent.   
   2. The balance of the cost of the booking must be paid in time for funds to clear not later than six weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Guest, in which case condition 5 shall apply. It is however the Agent’s normal practice to send one reminder before processing such cancellations. 
   3. If the Guest books the holiday less than six weeks from its commencement, the full cost of the holiday (including the Deposit referred to in condition 3) shall be payable on sending the booking form to the Agent.   If the booking is made less than seven working days prior to the commencement of the holiday, payment will be accepted by same day bank transfer only.
   4. All payments should be paid to Cotswold Sleeps, by bank transfer to the account of Cotswold Sleeps, account number 48460368, sort code 30-91-91, reference: Guest’s name. 
   5. The price payable for the holiday is inclusive of all booking fees and charges, linen and reasonable utility usage during the holiday (but excludes any extra charges agreed between the Guest and the Owner).
3. Deposit
   1. A minimum deposit of £500 per house rented (or the amount otherwise indicated on the booking form) against damage, breakages or nuisance is payable with the final payment six weeks before the commencement of the holiday. Should there be no breakages or damage to the Property or other property on the Lower Mill Estate, or allegations of nuisance during the Guest’s stay, the Deposit will be repaid in full by bank transfer once the property has been checked (the Agent will endeavour to return the Deposit within ten working days of the end of the holiday). In this context, damage shall also include extra cleaning time/cost incurred by the Agent due to the property being left in an unusually poor condition by the Guest at the end of the holiday. The return of the Deposit does not restrict the right of the Agent to claim for damage, breakages or nuisance caused by the Guest which comes to light after the Deposit has been refunded.
   2. If there is cause for recompense for breakages or damage the Agent shall advise the Guest of the value of the damage/breakages or the cost of additional cleaning, which will be deducted from the Deposit. If the damage exceeds the Deposit, then the Agent will seek additional recompense from the Guest.
   3. If there is an allegation of nuisance caused by the Guest’s group, the Agent shall investigate the allegation with the estate warden/security guards and owners of houses neighbouring the Property.  The Deposit may be forfeited for serious or repeated breaches of the Estate Rules or failure to comply with the reasonable requests of the estate security guards or warden (see condition 10.3).
   4. The Deposit shall be paid by the Guest by bank transfer, or other approved means, as per 2.4 above.

4. Cancellation by the Owner/Agent 
   In the unlikely event that, where a Guest is not in breach, it shall be necessary for the Owner or Agent to cancel the holiday accommodation for the period booked due to circumstances beyond his control, the Agent will inform the Guest as soon as possible and offer alternative dates or alternative similar accommodation if available. If the alternative dates or accommodation offered are not acceptable to the Guest (the Guest being required to act reasonably) then the Owner/Agent shall refund in full all monies paid (including the holding deposit) and shall not be under any other liability. Where a Guest has placed a booking with Cotswold Sleeps that does not comply with Government COVID Guidelines at the time of their stay, Cotswold Sleeps will endeavour to find a suitable solution for both parties. Where this is not possible, a full refund will be processed minus any costs incurred by Cotswold Sleep.

5. Cancellation by the Guest 
   Any cancellation made by the Guest (for whatever reason) shall be by email addressed to the Agent at info@cotswoldsleeps.com. The effective date of cancellation is when the Agent receives this email notification. Should the Guest cancel the booking more than six weeks prior to the commencement date of the holiday, the full holding deposit paid will be retained. Should the Guest cancel the booking six weeks or less prior to the commencement date of the holiday, the full cost of the holiday will be retained. The Agent will endeavour to re-book the Property for the period in question and refund the Deposit (and Full Balance if less than 6 weeks prior to commencement of the booking) minus admin fee, only if successful.
   
   Booking with Confidence
   Due to the COVID pandemic we appreciate holiday adjustments may be necessary. Provided your booking has been confirmed by us and your deposit (and, where due, final payment) received, if you are then prevented from taking your holiday due to government Covid restrictions such as lockdowns or tier system (in your area or at Lower Mill), we will, at your option, move your booking to another available period at the prevailing rate for that new period or refund what you have paid less a £50 administration fee.
6. Insurance 
   The Owner strongly recommends that the Guest has holiday cancellation and possessions insurance.  The Guest’s possessions will not be covered under the property’s insurance in the event of loss, theft or damage.
7. Limitation of Liabilities 
   1. Nothing contained in these conditions shall exclude or restrict any statutory rights, which the Guest has against the Owner. 
   2. The Guest deals as a consumer and in no event shall the Owner or Agent be liable for losses, costs or damages suffered or incurred by the Guest as a result of failure to perform or breach by the Owner of his obligations under this agreement including but not limited to consequential loss, economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.
8. Booking Conditions 
   Upon receipt of the booking form, please check the details to make sure they are correct. The Guest shall notify the Agent of any errors or changes to the holiday booking form without delay. The Agent/Owner reserves the right to treat a change of holiday dates that is made at the request of the Guest as a cancellation of one holiday and the booking of another, in which case condition 5 above will apply.
9. Number of People using the Holiday Accommodation and Make-up of Group
   1. The number of members and make-up of the Guest’s group (adults and children, ages, sex) renting the Property shall be as specified on the booking form.  Any changes must be agreed in writing by the Guest in advance of the arrival date and may be refused by the Agent or Owner at their sole discretion.  If on arrival at the Property, the number of members or make up of the Guest’s group differs from the booking form the Agent/Owner may revoke the booking.  The number of people using the Property shall not exceed the number of beds available at the Property. In the event that the maximum is exceeded without the Agent or Owner’s consent, the Agent/Owner may revoke the booking.  The property may not be sub-let.  The Guest acknowledges that the property is let on a short-term basis and accordingly that the Guest has no security of tenure.  For the avoidance of doubt, this contract does not constitute an assured tenancy agreement.
      
      ‘Stag’ or ‘hen’ weekend or similar bookings will not be accepted, and the Agent/Owner reserve the right to revoke bookings where it transpires that the purpose is actually a stag or hen weekend.  Parties and reunions that are likely to cause noise, damage or nuisance to the Property or neighbouring properties are also prohibited.  Lower Mill is very much a family environment. Please therefore be very considerate to your neighbours to ensure an enjoyable environment for all.
      Any revocation of contract by the Agent or Owner for a reason specified in this condition 9.1 or 10.1 shall be treated as a cancellation by the Guest and condition 5 will apply.   The Agent and Owner shall have no liability to the Guest for such revocation.
   2. The Guest shall at all times be responsible for the security of the property and for ensuring that no persons other than members of the Guest’s party, the Agent, the Owner or the Owner’s authorised representative be allowed access to the property during the period it is let to the Guest.   The Guest shall ensure that no person other than those listed on the booking form shall stay overnight in the Property. No persons under the age of 18 shall be left in the Property overnight without a responsible adult member of the Guest’s group being present. The Guest shall return all keys at the end of their stay and shall not disclose any security or alarm codes to any person (and shall ensure that members of their party shall not do so).
10. Damage to Property 
    1. The Owner reserves the right to refuse to hand over the property or to repossess the Property and in either case to revoke the contract where in the reasonable opinion of the Agent/Owner it is likely that damage to the property or material breaches of the Estate Rules will be caused or have been caused by the Guest or any member of the Guest’s party
    2. The estate security guard will inform the Guest of breaches of the Estate Rules, request that they comply with Estate Rules and warn the Guest of the consequences of further breaches. The estate security guard is empowered to re-possess the property if the Guest’s party fails to obey his requests to follow Estate Rules. In particular but without limitation, the Guest should ensure that his or her party do not disturb other residents or wildlife, do not cause damage to the Property or Lower Mill Estate and strictly adhere to the estate speed limit of 10 mph. Please remember that the estate is designed to be a peaceful and relaxing place for all its residents and is occupied primarily by property owners.
    3. In the event of a failure by the Guest’s group to comply with the first request of the estate security guard, the Agent/Owner may withhold all or part of the Deposit as compensation for damage caused to the reputation of the Agent, Owner and their business. The Deposit withheld may be used to compensate those affected by the Guest’s group. No refund or compensation will be paid to the Guest if the Property is repossessed by the estate security guard. 
11. Access
    1. The Agent, Owner or his/her representative shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy to make repairs or to inspect the property.
12. Arrival and Departure 
    The normal time of occupation is after 16:00 on the holiday start date and the holiday accommodation must be vacated by 10:00 on the last day. If the Guest’s arrival is delayed the Guest must advise the person whose name and address or telephone number is given on the booking form so that suitable arrangements can be made for entry to the house(s).
13. Smoking/Pets
    Smoking and pets are not allowed in the Property (unless with written approval from the Agent). The Agent/Owner has the right to re-possess the property at any time if this condition is broken and in this event the holiday will have deemed to be cancelled by the Guest and condition 5 shall apply.
14. Guest’s Responsibilities 
    1. The Guest shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair, cleanliness and condition and in the same place as at the commencement of the holiday. The Guest shall be liable to the Owner for any loss, costs, expenses and claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act or omission of the Guest or of any person in his/her party. If as a result of such damage, the property or any of its contents need to be repaired or any of its contents need to be cleaned or replaced the Guest shall be responsible for paying the reasonable costs of doing so. 
15. Use of Spa and other Estate Facilities 
    Solely at their own risk, the Guest and party may use the Spa and other estate facilities during their opening hours, provided that at all times the relevant Estate Rules are complied with. Two Spa entry cards will be provided for the use of the Guest’s group and these must be returned to the Property at the end of the stay.  The cost (£25 each) of replacing any lost or missing entry cards will be deducted from the Deposit.
    
    Whilst access to the Spa is free to the Guest and party, any treatments (massages, beauty treatments etc) must be paid for direct to the Spa.  Only persons staying at the Property may use the Spa and other members of the public (including residents of Mill Village on the Lower Mill Estate) may not be invited to use the Spa by the Guest or any member of the Guest’s group.
    
    The Spa and other estate facilities are communal facilities provided by the Lower Mill Estate, not by the Owner.  No charge is made by the Owner for the Guest’s group’s use of the Spa or other estate facilities and no insurance is held by the Owner in respect of the use of the Spa by Guests. The Guest and group therefore agree that the Owner shall have no liability whatsoever for any loss or injury incurred by them whilst using the Spa, which will be a matter solely between the Guest’s group and the Lower Mill Estate. The Owner does not control the opening hours of the Spa or other estate facilities, which may be periodically closed for maintenance during the Guests’ stay. In such event, the Owner shall use reasonable endeavours to notify the Guest of any Spa or other estate facilities closure that has been brought to the Owner’s attention by the Lower Mill Estate but shall not be responsible to the Guests for the Guests’ inability to use the Spa or other estate facilities.

16. Complaints
    In the unlikely event that the Guest is disappointed with the holiday accommodation, the Guest should first contact the Agent who will use all reasonable endeavours to solve the problem while the Guest is on holiday. If after that the Guest still feels that the problem has not been resolved to his/her satisfaction then the Guest must, within seven days of returning from holiday, put his/her comment in writing to the Agent.

17. Death or Personal Injury
    The Owner shall not be responsible for the death or personal injury to the Guest or any member of the Guest’s party save insofar as this result from proven negligence of the Owner or his employees.

18. Force Majeure 
    The Owner shall not be liable for the inability of the Guests to use the Property or any loss, breach or delay suffered by the Guests due to any cause beyond the Owner’s reasonable control including though not limited to act of God, explosion, utility failure heating or other mechanical breakdown, flood, tempest, war or threat of war, sabotage, terrorist act, health issue (including COVID-19 or other infectious disease or illness) insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, embargos, strikes, lock-outs, or other Industrial Actions or Disputes. In any such event the Owner shall be entitled to treat the contract as discharged. 
19. Law of the Contract and Jurisdiction 
    1. English law shall apply to all contractual obligations arising out of these bookings, which shall be deemed to have come into existence in Somerford Keynes, Gloucestershire, England. 
    2. The Guest and the Agent/Owner hereby irrevocably agree that the contractual obligations referred to in 19.1 above and any dispute or claim arising from such contractual obligations or their formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Headings 
    These conditions shall be read and considered without reference to their headings, which are included for convenience only.