Terms and Conditions

PLEASE READ THESE CONDITIONS CAREFULLY. WHEN YOU MAKE A RESERVATION, YOU AND YOUR PARTY ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT BELOW.

Please be aware that Dartmouth Farm Cottages are located on a working farm, with animals and machinery. As such, please pay particular attention to clause 15 below, and make sure that all members of your party are familiar with, and abide by, these Terms and Conditions.

1  Dartmouth Farm Cottages

The contract for a short-term holiday rental will be between Higher Swannaton Farm (trading as Dartmouth Farm Cottages) (referred to as "us" or "we" ) and the person making the booking and all members of the holiday party (referred to as "you" or "your") according to the following Terms and Conditions. The holiday rental is not effective until we have received the deposit and is subject to these Terms and Conditions. The party leader must be at least 18 years of age at the time of the booking.

2  Duration and Times of Lettings

You should not arrive before 4pm on the commencement date of the holiday rental period, and leave by 10am on the day of departure. Failure to do so will result in you being charged a further day's rental. The agreement to stay in the property for the holiday rental period does not create the relationship of Landlord and Tenant between the parties. You are not entitled to a new tenancy, or to any assured short hold 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 rental period.

3  Booking Process

Whilst we are prepared to consider requests for reservations of the properties, the confirmation of a reservation will not render us liable in the event that the property is unavailable for occupation during the period requested. No contract will arise between us and you other than in accordance with these Terms and Conditions.

4  Booking Form

All applications to book holidays in the properties must be submitted by you to us using our on-line booking form. Once we have confirmed availability, and we have received your booking fee, your booking is confirmed. The amount of the booking fee will be as follows:

1. If the booking form is submitted 8 weeks or more before the commencement of the requested holiday rental period, 30% of the full amount payable in respect of the letting; or

2. If the booking form is submitted less than 8 weeks before the commencement of the requested holiday rental period, the full amount payable in respect of the whole of the holiday rental period.

In the event that we decline an application, the full amount of the booking fee will be refunded to you. In the event that an application is accepted, the booking fee will be retained by us and treated as a payment on account of the amount payable in respect of the holiday rental.

5  Acceptance of an Application

The contract between us for the holiday rental takes effect only once we have received the booking fee.

6  Payment

The full amount of the payment for the fee for the letting (less the amount to which clause 4) must be paid on the due date, namely:

1. In a booking in which clause 4i applies, not later than 8 weeks before the commencement of the letting; or

2. In a booking to which 4ii applies, upon our acceptance under clause 5.

VAT is not payable in the rental charge of the property.

7  Failure to pay

Non-payment of the sum payable under clause 6 by the due date may be treated as a cancellation of your booking and we will be entitled to re-let the property without reference to you.

8  Cancellation

ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.

Any request to cancel a booking must be made in writing to us.

If you cancel more than 8 weeks from the start of the holiday rental period, no cancellation fee is due, and we will refund any monies paid within 14 days of cancellation.

If you cancel between 4 and 8 weeks from the start of the holiday rental period, a cancellation fee of 30 percent of the rental fee will be levied, and we will refund any monies paid above this amount within 14 days of cancellation.

If you cancel less than 4 weeks from the start of the holiday rental period, a cancellation fee of 100 percent of the rental fee will be levied.

In this instance, you will remain liable for all payments due in respect of the reservation whether or not they have been paid at the time of the cancellation. If we receive a new booking for the property during the cancellation period, you will be refunded the difference between monies you have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by us. This will include an administration fee of £15 for each day of the original holiday rental period.

9  Changes

We reserve the right to amend the price quoted on our website due to errors or omissions or changes in the VAT rate. In such circumstances, we will contact you as soon as we become aware of an increase in charges. If you do not wish to pay the increase, you will be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation, providing that notice of cancellation is given in accordance with the provisions of clause 4 and within 7 days of you receiving notice of the amendment.

10   Changes to bookings

We will consider any request to change dates after confirmation has been issued so long as the property is available for the requested period. We reserve the right to charge an administration fee of £25 in the event that a change of booking date is agreed.

11   Occupancy and Use of Property

Under no circumstances may you exceed the maximum number of persons permitted to occupy the property stated on the web site. We reserve the right to refuse admittance if this condition is not observed. No other persons, other than members of your party, may use the facilities of Dartmouth Farm Cottages, unless we have provided prior written consent. To exceed the maximum number of persons in the property overloads the facilities available which are not designed for, 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 may 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 that has been used by a greater number of people than the tank is designed for). 

12   Care of the Property

You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in the same clean and tidy condition at the end of the holiday rental period as at the beginning.

You agree not to flush anything other than the toilet paper provided down the toilets, and to remove all oil and grease from cooking pots and pans before washing or placing in the dishwasher. The cost of addressing any blockage caused by grease, wet wipes, nappies, sanitary products, tissues, kitchen towel etc. will be deducted from the damage deposit at cost, plus a £25 administration fee.

You must not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or be a nuisance or annoyance to the owner or other neighbouring properties.

Noise must be kept to a minimum between the hours of 11pm and 7am. Smoking is not allowed in any of the properties or in any communal areas.

13   Damages and Damage Deposit

We require a damage deposit of £250.00 payable by Paypal before your arrival at the property.

This amount is fully refundable within 14 days of your departure via the same mechanism, providing the property is left clean and tidy, that there have been no breakages, no blockages to the septic tank, extra cleaning required or any extra people found to be staying at the property.

In the event that you or anyone staying at the property during your holiday rental period causes damage or additional cleaning, or you have requested additional services (such as logs or electric car charging) you will be notified in writing of the details of any extra costs incurred within 14 days of the end of the holiday rental period, and this amount will be deducted from the damage deposit.

14   Liability

This condition sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to you in respect of any breach of these Terms and Conditions.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury resulting from negligence or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of these Terms and Conditions will be limited to the monies paid in respect of your reservation.

Any vehicle is left at the property entirely at your own risk.

15   Farm Location

Dartmouth Farm Cottages are based on Higher Swannaton Farm which is a working farm, with animals and machinery in the fields.  Whilst you may walk across the fields, please ensure that there are no animals or working machinery present when you enter, and if there are, please leave quickly without alarming the animals.  Please make sure that you close all gates when you enter or leave a field.

Farm animals can be dangerous to humans and pets, and are unpredictable, protective and inquisitive.  The fields are uneven with agricultural tools, old fencing and other potential risks.  You walk across the farm at your own risk, and it is your responsibility to avoid any hazards. We will not accept liability for any harm caused to you, your party or pets. 

15   Force Majeure

In these Terms and Conditions, "Force Majeure" means any circumstances beyond our reasonable control including, without limitation, an act of God, fire, flood, war or acts of terrorism. If by reason of Force Majeure the property is not available at the commencement of the reservation period booked by you, or the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be liable for any other claim for loss or damage by you.

16   General

You, and all members of your party agree:

1. To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.

2. Your holiday or that of any third party residing or making use of the property during the period of your reservation in breach of these Terms and Conditions may be terminated immediately and without compensation or any further obligation.

3. Any damage to facilities arising out of misuse, or as a result of negligence and/or failure to follow the instructions herein will be deducted from the damage deposit.

4. When the wood burner or pizza oven is lit, please keep children and pets away. Please only use the seasoned wood provided by us, and do not burn any other materials. The use of candles inside the property is strictly prohibited.

With respect to pets you bring to the property, you agree:

1. Not to allow any pet upstairs.

2. Not to leave any pet unattended in the property if they are likely to be anxious, cause any nuisance or disturbance to the owner or guests in neighbouring properties, and under no circumstances for an extended period.

3. To keep your dog on a lead when walking across a field where animals may be present.

4. Not to allow any pet on the furniture, especially not the beds.

5. To bring all pet bedding required and towels for drying the pet.

6. To ensure that any pet is clean and dry before allowing inside the property.

7. To ensure that pets behave in such a manner as not to disrupt the enjoyment of other people staying in the vicinity or prejudice the reputation of the owner of the property.

8. To pick up all dog mess from the garden promptly, and not to allow your dog to foul the property, gardens and farmland.

In the event of any conflict between these Terms and Conditions and any other contents of any brochure or website, these Terms and Conditions will prevail.

These Terms and Conditions and the contract between you and us will be subject to, and interpreted in accordance with the law of England and Wales.

17  Privacy

We will process personal data only for the legitimate interests of Dartmouth Farm Cottages, and will not be distributed to any third parties.