THE CLOCHFAEN AND CLOCHFAEN COTTAGES CONTRACTUAL OBLIGATIONS BINDING ON GUESTS AND THE GUEST LEADER APPLICABLE TO SELF CATERING AND BED AND BREAKFAST GUESTS
Guests and the Guest Leader are required to accept the following contractual terms at the point in time when a booking for the occupation of The Clochfaen and/or Clochfaen Cottages is made by the Guest Leader and the acceptance of these terms by Guests and the Guest Leader shall be conclusively evidenced by the making of such a booking. The attention of the Guest Leader will be drawn to these terms as being contractually binding and available to be read on www.theclochfaen.com website at the point in time when booking dates and licence fee are agreed with the Relevant Owner. If the Guest Leader does not have authority to accept these terms on behalf of and binding upon Guests, or if Guests and the Guest Leader are not prepared to accept these terms, then no booking should be made. By the making of a booking the Guest Leader represents that the Guest Leader has the authority to accept these terms on behalf of and binding upon Guests, and acknowledges that the booking has been accepted by the Relevant Owner in reliance on that representation, and would not have been accepted otherwise.
1. In these terms: "this Agreement" shall mean these contractual terms and shall include any terms implied by law.
"Guest" shall mean a person (child or adult) entering and/or occupying The Clochfaen or (as the case may be) Clochfaen Cottages, and shall include any person (child or adult) invited by a Guest or the Guest Leader to enter and/or occupy The Clochfaen or (as the case may be) Clochfaen Cottages.
"The Clochfaen" shall mean the land registered at HM Land Registry with title number: CYM 9022.
"Clochfaen Cottages" shall mean the land registered at HM Land Registry with title number: CYM 57291.
"Guest Leader" shall mean the person firm or company (whether or not a Guest) who or which books The Clochfaen or (as the case may be) Clochfaen Cottages for a period of occupation by Guests under licence from the Relevant Owner.
"Relevant Owner" shall mean (in relation to The Clochfaen) K Hughes and J R Stirk and (in relation to Clochfaen Cottages) Realty & General Holdings (Company number: 438072) an unlimited company registered in England and Wales whose registered office is at Drovers Cottage, 53, Upper Cound, Cound, near Shrewsbury, Shropshire, SY5 6AS, represented and acting by its joint and several agents, J R Stirk and K Hughes.
2. Guests hereby undertake with the Relevant Owner as follows:
2.1 not without the express permission of the Relevant Owner to bring or allow pets (any animal) into or upon The Clochfaen or Clochfaen Cottages.
2.2 not without the express permission of J R Stirk and K Hughes to exercise or purport to exercise any rights of sporting fishing shooting or fowling over lands formerly part of The Clochfaen Estate.
2.3 not to smoke in any buildings situated on The Clochfaen or Clochfaen Cottages.
2.4 not to damage or cause or permit damage to any article of furniture, chattel, moveable property, fixture, building or decoration of any building or part of any building situated on The Clochfaen or Clochfaen Cottages.
3. Guests shall at all times behave in a lawful, safe and responsible manner and in accordance with any and all instructions of the Relevant Owner relating to the use or occupation of The Clochfaen or Clochfaen Cottages, the lighting of fires, the use of appliances, the parking of vehicles, the use of roadways and matters of health safety or the environment, and Guests over the age of 18 years shall control the behaviour of Guests under the age of 18 years and procure that the behaviour of such Guests is at all times in compliance with the obligations imposed by this Clause. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, CLOCHFAEN COTTAGES ARE ACCESSED AT FIRST FLOOR LEVEL AND ARE SURROUNDED BY A DEEP, FENCED MOAT WHICH IS POTENTIALLY DANGEROUS TO CHILDREN AND ADULTS. GUESTS ARE STRICTLY INSTRUCTED BY REALTY & GENERAL HOLDINGS NOT TO CLIMB ON THE FENCES SURROUNDING THE MOAT, NOT TO CLIMB ON THE WALLS OF THE MOAT, NOR OTHERWISE TO ACT IN ANY MANNER WHICH MIGHT EXPOSE THEM TO THE DANGER OF INJURY BY FALLING.
4. Guests shall not cause or permit any nappy sanitary towel contraceptive or the like or any noxious deleterious or non bio-degradable substance or solids (other than common sewage) to enter the drains or septic tanks serving The Clochfaen or Clochfaen Cottages.
5. The Guest Leader shall guarantee the compliance by Guests with their obligations under Clauses 2, 3 and 4 above, and shall fully and effectually indemnify the Relevant Owner from and against any losses, costs, damages, expenses and claims arising directly or indirectly from any breach of those obligations so far as such indemnity is permitted by law.
6. In the event that a Guest causes (directly or indirectly) damage to any article of furniture, chattel, moveable property, fixture, building or decoration of any building or part of any building situated on The Clochfaen or Clochfaen Cottages, the Guest shall immediately report such damage to K Hughes or J R Stirk and the Guest Leader shall (without prejudice to the liability of any Guest in contract, tort or otherwise) compensate the Relevant Owner by payment to the Relevant Owner of a sum equal to the cost of repair of the relevant damage to the satisfaction of the Relevant Owner (if repair is possible) plus (if applicable) a sum equal to the diminution in market value of the relevant item (together "the Compensation Sum"). The amount of the Compensation Sum shall be agreed between the Relevant Owner and the Guest Leader or (in default of agreement) shall be determined by an appropriately qualified valuer ("the Valuer") acting as an expert and not as an arbitrator nominated by agreement between the Relevant Owner and the Guest Leader or (in default of agreement as to nomination) nominated by the President for the time being of the Royal Institution of Chartered Surveyors on the application of either party. The costs of the Valuer's determination and (if applicable) nomination shall be borne by the Guest Leader. The determination of the Valuer shall be final and binding on the parties in the absence of obvious or manifest error.
7. The Guest Leader shall pay the price agreed with the Relevant Owner at the point of booking for the supply by the Relevant Owner of accommodation goods and services. A deposit of not less than 50% of the agreed price shall be paid by the Guest Leader to the Relevant Owner at the point of booking to secure the vacancy and the balance of the agreed price shall be paid by the Guest Leader to the Relevant Owner not later than 14 days before the date agreed for the commencement of occupation or such shorter period before that date as may be agreed between the Relevant Owner and the Guest Leader. Sums paid shall not be returnable in the event of cancellation of a booking by the Guest Leader or a Guest.
8.1 The Guest Leader shall at the point of booking provide the Relevant Owner with the full name and correspondence address, telephone number and email address of the Guest Leader. If required by the Relevant Owner (at any time) the Guest Leader shall provide the same particulars in relation to each Guest.
8.2 Personal data relating to the Guest Leader and Guests shall be subject to the terms and provisions of the Privacy Statement posted on The Clochfaen website as if the Guest Leader and each Guest were visitors to The Clochfaen website.
9. Sums due to K Hughes and J R Stirk trading as The Clochfaen Partnership for goods and/or services supplied (including accommodation) shall be paid with the addition of value added tax at the prevailing rate.
10. In the event of breach or anticipated breach of the terms of this Agreement by the Guest Leader or any Guest the Relevant Owner shall (without prejudice to any other rights of the Relevant Owner) have the right to terminate the licence of the Guest Leader and/or any Guest to occupy The Clochfaen or as the case may be Clochfaen Cottages by oral notice or written notice with immediate effect and the Guest Leader and/or the relevant Guest shall thereupon quit the premises forthwith and shall not return without the permission of the Relevant Owner.
11.1 Subject to Clause 11.2, the Relevant Owner shall have no liability to the Guest Leader or any Guest where the provision of accommodation goods or services is hindered or prevented by illness or personal injury affecting the Relevant Owner or its agents failure of fuel supplies gas electricity or water services fallen trees or branches or circumstances beyond the reasonable control of the Relevant Owner including strikes lock outs and other forms of industrial action ("Force Majeure").
11.2 In the event that Force Majeure applies after the Guest Leader or a Guest has paid for accommodation goods or services, the Relevant Owner shall promptly refund the payment to the party who made it, including, for the avoidance of doubt, any deposit.
12.1. Notwithstanding any terms and provisions of this Agreement, nothing in this Agreement shall exclude or limit the liability of the Relevant Owner for death or personal injury caused by the negligence of the Relevant Owner.
12.2 Notwithstanding any terms and provisions of this Agreement, nothing in this Agreement shall exclude or limit the statutory rights of a consumer.
12.3 Subject to the preceding provisions of this Agreement, the Relevant Owner shall have no liability to the Guest Leader or any Guest in contract tort breach of statutory duty or otherwise for:
(i) any loss of profit (whether or not such profit is of a type that could be described as reasonably foreseeable and recoverable as a direct loss but for this Clause) revenue savings or expected future business;
(ii) damage to reputation or goodwill; or
(iii) any indirect or consequential loss of any kind.
12.4 Subject to the preceding provisions of this Agreement, the liability of the Relevant Owner in respect of all claims by the Guest Leader or any Guest (whether in contract tort breach of statutory duty or otherwise) shall not exceed the greater of (a) the amount of any insurance cover actually taken out by the Relevant Owner and available to the Relevant Owner to enable the Relevant Owner to satisfy the liability or (b) one hundred and twenty five per cent (125%) of payments made or sums payable by the Guest Leader and/or any Guest making a claim or claims in respect of accommodation goods and services supplied or to be supplied under this Agreement, including, for the avoidance of doubt, any deposit.
12.5 Subject to the parties reaching agreement on terms for an additional payment the Relevant Owner may agree in writing to vary or increase the exclusions and limitations on liability imposed by the preceding provisions of this Agreement to reflect the increased costs (such as the costs of insurance) of assuming wider or greater potential liability. If a Guest Leader or Guests wish to negotiate to vary or increase such exclusions or limitations on liability, they should contact the Relevant Owner or its agents prior to the making of any booking.
12.6 The Guest Leader and Guests acknowledge and agree that the above limitations and exclusions of liability are fair and reasonable in the circumstances of this Agreement being an Agreement for accommodation goods and services to be provided by a small business engaged in the provision of accommodation goods and services which are neither technical in nature nor carrying inherent risk to the Guest Leader or Guests.
13.1 No variation of the terms of this Agreement shall be effective unless agreed in writing between the Guest Leader and the Relevant Owner.
13.2 If any term or provision of this Agreement either is or is held to be invalid or unenforceable in the circumstances of any particular contract, or generally, such invalidity or unenforceability shall not affect the validity or enforceability of any other terms or provisions of this Agreement.
14. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Guest Leader, each Guest and the Relevant Owner hereby submit to the non exclusive jurisdiction of the Courts of England.
Edition posted on website: February, 2009
Llangurig, Near Llanidloes
Powys SY18 6RP