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Booking Terms & Conditions
Please take the time to read these Booking Terms and Conditions, we appreciate that it is tempting to skip the content but our lawyers say these things are important and you should read them because by using any of our sites and by placing a booking with us you're indicating that you accept and agree to comply with them. We have written the Booking Terms and Conditions to describe clearly booking policies and procedures and to clarify the contractual relationship between you and us.
When the following words with capital letters are used in these Terms, this is what they will mean:
1.1 Accommodation: means the period of time for which We provide Accommodation at the Property to You as set out in the Booking and agreed by Us.
1.2 Booking Charge: this comprises the total cost of the Accommodation for the agreed duration and the property named and includes a Cautionary Deposit.
1.3 Booking Confirmation Form: means the communication You will receive following Your Booking confirming Your arrival date, departure date, details of the Booking Charge and Your deposit. The ‘Date of Arrival’ means the date shown on the Booking Confirmation Form as the commencement date of the Holiday Period. The ‘Date of Departure’ means the Departure Date referred to in the Booking Confirmation Form as the date on which you are required to vacate the Holiday Property. The ‘Holiday Period’ means the period from 5:00 pm on the Commencement Date to 9:00 am on the Departure Date.
1.5 Cautionary Deposit: means the monies provided by You and held by us as a deposit to be applied against the reasonable cost of miscellaneous repairs and/or replacement of the Property.
1.6 Events Outside Our Control: means any act or event beyond Our reasonable control, including without limitation, actions or omissions (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster, or failure of public or private telecommunications networks [including where this effects house technology reliant on broadband integrated within the property], power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations.
1.8 House Information: means the Property Information folders located within the Property and which provides information and contains manuals as to how to operate equipment in the Property.
1.9 Property: means the property booked [either Waternook, The Great Barn or both].
1.10 Terms: mean the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to You.
1.11 We/Us: means the Property/ owners/ and our authorised agents.
1.13 Supplier: means the external concierge service provider, a third-party Supplier or any other third-party Supplier. This includes third-party Suppliers/services external to the Property [such as taxis/restaurants/pubs/takeaways/local attractions/supermarkets and supermarket delivery].
2. Nature of this Agreement
2.1 When You submit a Booking to Us via our online reservation system or by email, this does not mean We have accepted Your request for Accommodation. This does not form a contract between us. A contract shall only arise when Our acceptance of the Booking takes place when we send you the Booking Confirmation Form subject to all payments being made, your person identification being provided and verified, and other pertinent details requested in initial emails. If We are unable to supply You with the Accommodation, We will inform You of this in writing and We will not process the Booking.
2.2 We will only be accepting bookings that comply with the Government's household/bubble rule in response to COVID-19.
2.4 This Holiday Let is granted by the Owner to You for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to any form of statutory security of tenure either now or when the Holiday Period ends.
2.6 If you wish to invite additional visitors to visit you in the Property during stay, please ask us. We will try to accommodate this but we need to comply with the maximum site occupancy limits and our consider other guests. Such visitors will not be permitted to stay overnight at the Property and are not permitted to use any of the site facilities which are for booked/named guests only. The identity of anyone not disclosed to to us prior to their arrival will be refused admittance and/or asked to leave.
3. Booking Charge
3.1 We reserve the right to increase or decrease the price of Accommodation at any time, however, We will confirm the price of Your stay at the time of Booking and this will not change.
3.2 The Booking Charge is compromised of the total cost of the Accommodation for the agreed number of nights for the agreed number of Guests staying and the Cautionary Deposit. When booking our accommodation You are not booking bedspaces You are booking the accommodation as a whole. In the event part of your group cannot stay You are still liable for the full cost of the stay as You have booked the Property.
3.3 You must pay one third of the Booking Charge when placing the Booking with Us. All payments must be made by bank transfer; payments by card are not accepted. The remaining amount [including the Cautionary Deposit] is payable no later than 8 weeks prior to arrival. Please refer to our cancellation terms.
3.4 Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement and cannot be used for payment of the minimum deposit as detailed in these Terms and Conditions. Cheques may not be used for payment of any sums due under this agreement without our prior written approval.
3.5 Once a booking is confirmed it is not transferrable. Please also refer to cancellation terms.
3.6 Any bank or transfer charges shall be borne by You.
3.7 Payment may only be made in the currency as shown in the Booking.
3.8 Where VAT is chargeable, it is included in the sums given.
3.9 The remaining balance must be paid by bank transfer at least 8 weeks before your arrival date as specified on the Booking Confirmation Form.
3.10 Where a Booking is made less than 8 weeks prior to the arrival date the entire Booking Charge is payable immediately when making the Booking. Payment by bank transfer will only be accepted.
3.11 If You do not pay Us for the Accommodation when You are supposed to, and by the accepted payment terms, access to Accommodation will not be permitted and We may cancel your booking and terminate this contract. This does not affect Our right to charge You interest at the rate of 8% per annum.
3.11 It is your responsibility to ensure you have adequate insurance in place to cover any loss or damage that you may suffer as a result of any cancellation of your stay. We strongly recommend that you consider taking out such insurance immediately following your booking being confirmed.
4. Concierge Services & Use of Third-Party Suppliers
4.1 Where You make enquiries to Us about Suppliers or 'concierge services' it is understood that these are third-party Suppliers and for the avoidance of doubt We are not offering any advice or recommendations about these Suppliers or their services. We are simply offering contact details for You to enquire and access services directly from Suppliers if you chose to. If we do offer a recommendation of a third-party Supplier we are doing so based on our genuine belief or experience or feedback received by us from other guests or local contacts. We do not accept liability for the activities of any third-party Supplier [on and off our Property] and shall not be liable for the failure of a particular service provider to properly perform the relevant services, this being a matter between You and the Supplier.
4.2 If You intend to use third-party Suppliers, You must advise Us in writing to seek permission from Us [and where relevant our insurers] and that in making a request for consent, You must provide written details of the Supplier. Where we have provided details of a Supplier this will not alleviate You of the requirement to seek consent to use them. You must provide Us with the Suppliers contact details, copy of their public and employer's liability insurance that covers their activities. We may also need to ensure the Supplier's insurance is compliant with our insurance providers. For the avoidance of doubt, You cannot proceed with booking a Supplier without our express written consent. Consent will only be given where the Supplier is permitted by Us, has appropriate insurance cover, is compliant with our insurance and We have been provided all information relating to the insurance that is required. In the event a Supplier cannot be given permission You understand that We cannot be held liable for frustration, and any costs or loss as a result, and the Supplier will not be permitted onto our Property.
4.3 The supply of, and payment for, third-party Supplier services shall be subject to the Supplier's terms and conditions and availability.
4.4 We do not accept liability for any monies owed by You to the Supplier for any goods or services, or for any damage, injury or loss suffered by You or to You as a result of the services provided by the Supplier. For the avoidance of doubt We are not liable for any accident or injury occurring on or off the Property.
4.5 You accept full responsibility and accept full liability for the Supplier on and off our Property including, but not limited to, damage, loss, injury. Where damage has been caused [or where We experience loss of income as a result of this damage] You agree to pay Us in full for that damage or loss. The value of this damage/loss will reflect the damage/loss suffered. This amount will be deducted from your Cautionary Deposit and where the amount exceeds the value of the Cautionary Deposit You agree to pay Us in full immediately. In some cases We may request an additional deposit of funds paid to Us to cover any risk of potential damage to our Property. In such cases You agree to pay the deposit requested prior to getting written consent and booking the Supplier.
5. The Cautionary Deposit
5.1 We ask that you look after the property and its contents as if it were you own home and hand it back to us in the same condition as it was at the start of your stay.
5.2 The Cautionary Deposit is £1000 per property for all stays and £5000 for Wedding Reception Bookings and must be paid no later than 8 weeks prior to arrival by bank transfer.
5.3 If when you leave there has been no damage caused, loss to any of our Property and there has been full compliance with our terms and conditions and policies we will arrange to refund You your deposit within 21 days.
5.4 If you mistreat or damage the property [or its contents] or fail to comply with other obligations giving rise to costs incurred by us we will deduct it from the Cautionary Deposit by the appropriate amount. We will advise you in writing of the amount before making any deductions. The Cautionary Deposit will be held by us to be applied against the costs of miscellaneous repairs and/or replacement, excessive or incorrect use of facilities [including, but not limited to, telephones, internet, misuse of Laconium and the hot tubs including, but not limited to, soling by fake-tan], labour and administration time, and additional cleaning of furnishings, kitchen equipment [including BBQ and outdoor kitchen], damage to estate or land, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by You or other members of Your Party. A minimum charge of £40.00 per towel will be deducted from the Cautionary Deposit in respect of each towel lost or damaged and bathrobes will be charged at £55 each. If you or members of your party fail to observe these regulations during your stay we reserve the right to close this facility or restrict your access to it. In such circumstances no refunds or compensation will be offered.
5.5 Where costs relating to damage exceed the Cautionary Deposit, We will advise you in writing. You agree to allow us to take the additional payment from your debit or credit card. If you have not paid using a credit or debit card then the payment will fall due immediately by bank transfer.
6. Information relating to your stay
6.1 Check in time is any time after 5pm on the agreed scheduled arrival date on the Booking Confirmation Form.
6.2 If You require an earlier check in, this must be agreed in writing with Us when making the Booking.
6.3 You must check-out by 9am on the agreed scheduled departure date.
6.4 If You require a later departure, this must be agreed in writing with Us when making the Booking.
6.5 Failure to comply with the check-in and check-out periods will result in You being charged a further days charge. This will be deducted from the Cautionary Deposit or otherwise.
6.6 If you book one property on the estate [either Waternook or The Great Barn] you understand the other property may be booked by another party.
6.7 You must inform us of the number and names of Guests staying with you prior to your arrival. This information must be provided in writing to Us. If any of your guest numbers change You must inform us immediately prior to your arrival so that we can confirm our agreement.
6.9 The maximum number of Guests permitted is as follows:
- 12 Guests including children at the Property named ‘Waternook’
- 8 Guests including children at the Property named ‘The Great Barn’
6.9.1 Should it be discovered that additional unauthorised guests are staying within the property or grounds [camper vans/tents/caravans etc] the group will be evicted due to breach of contract and the rate of £400 per person per night will be applied to the bill. This will be deducted from the Cautionary Deposit and if the additional cost is greater than the Cautionary Deposit, You authorise us to debit any card details held for You with the appropriate charge (which will be notified to You in advance).
6.10 You must allow Us access to the Property at all reasonable times and in the case of emergency at all times with or without You being present.
6.10.1 When Waternook [only] has been booked, or as part of booking the whole estate, You must allow our housekeeping contractor to access to the Property [with or without You being present] to perform a complementary 30min daily clean of which time will be given over to checking the hot tub and treating the water [excluding day of departure]. Should contractors not be allowed to enter the premises to test the water then guests are not allowed to use the hot tub and will not be compensated.
6.11 No more than 2 dogs are permitted in the Property at one time, any damage caused by Your pets will be charged and deducted from your Cautionary Deposit.
6.11.1 Please do not leave children or pets alone or unsupervised in the property or on the estate at any time during your stay. You are responsible for the physical supervision of all members of your party under the age of 18 at all times. This is particularly important in all outside spaces, the Spa and Wellness areas with hot tub and Laconium, cinema room and lounge areas with open fires. Parties not supervising their children responsibly may be asked to put appropriate arrangements in place or to leave the relevant facility.
6.11.2 Pets are not permitted in the bedrooms or on the furniture at any time.
6.11.3 For the safety and comfort of your dog we request that owners exercise due diligence at all times, especially where the property is located near a road/livestock/water/other pets in a neighbouring property and in such cases you may need to keep your dog on a lead. The property owner cannot accept responsibility for the safety of your pet.
6.11.4 We request that you bring your own pet provision, including bedding.
6.11.5 Pets should be cleaned and fully dried off before entering the property after being outside.
6.11.6 In the interests of hygiene, health and safety and out of consideration for other it is important that you clean-up after your pet and dispose of any mess in a sanitary and responsible manner.
6.11.7 You are responsible for any damage caused by your pet, whether inside or outside the property. If extra cleaning is required as a result of You having a pets in the property, this will be deducted from your Cautionary Deposit.
6.12 Smoking [including the use of vaping or electronic cigarettes] is strictly prohibited at the Property.
6.13 Broadband internet access is offered in Waternook and The Great Barn. Internet is provided on the basis that We can not promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed nor We will not be liable for any form of compensation or expenses claimed by You or any guest in respect of the provision of internet services [and house technology integrated within the properties reliant upon internet to function properly] or telephone services not being available or failing.
6.14 We cannot accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services including WiFi and Internet [and house technology integrated within the property that relies upon internet to function properly], epidemic/pandemic, temporary invasion by pests and/or similar situations beyond the control Waternook, either before the Commencement Date or during the Holiday Period. The guest is aware that internet speeds are very slow due to the proximity of the mountains, poor weather and local internet infrastructure and cannot seek compensation as a result of slow internet speeds or technology that is reliant upon internet to function properly.
6.15 No liability is accepted by Us for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Reasonable efforts will be made to keep you informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore you are strongly advised to seek the latest information relating to access prior to setting off on your journey. You are advised to take out comprehensive holiday insurance.
6.16 Where the Holiday Property has amenities such as swimming pools, hot tubs, spas, boats or other facilities, the use of these amenities are offered entirely at your own risk and no responsibility can be accepted for injury, loss or damage to You or members of Your Party, except where We have breached a legal duty of care owed to You or a member of your party or breached the terms. You must follow all instructions on using the hot tub and Laconium. These can be found in the spa area, your bedroom and in the house folder. If you or members of your party fail to observe these regulations during your stay we reserve the right to close this facility or restrict your access to it. In such circumstances no refunds or compensation will be offered.
6.17 We cannot accept responsibility for water shortages caused as a result of drought conditions, an act of omission of the relevant utility operator or any other cause outside the control of Us.
6.18 If the Holiday Property has a private water supply you are advised to boil water before drinking or using it in cooking.
6.19 We will issue You with a set of keys on Your arrival date and You must return these to us in the lock box by 9am on Your departure date unless otherwise agreed when making the Booking. You must ensure the lock box is securely closed. Failure to return keys will result in the locks being changed and deductions for all work and time being deducted from your Cautionary Deposit.
6.20 The cost of your Accommodation includes reasonable use of electricity, gas, logs and oil. We reserve our right to charge You for any excessive use [excessive will be determined by Us].
6.21 A small supply of logs for open fires/stoves is provided. If inappropriate fuel is used on an open fire or stove You will be liable for the cost of making good any damage. If You are in any doubt about how to use an open fire/stove or what fuel to use, You must first refer to the House Information folders or chose not use this amenity if you do not feel confident you can operate in a safe manner.
6.22 The cost of your Accommodation includes your use of linen and towels provided on arrival. Additional linens/towels are chargeable. Travel cots and highchairs can be included but are subject to availability.
6.23 We will not be responsible for providing consumables and items such as food, drink, washing up liquid, dishwasher and washing machine powders.
6.24 You acknowledge that Your personal property, including any objects, equipment, furniture, stock, or other property of any sort will remain under Your control and care whilst You use our Property, and that You are in the best position to insure such property, and accordingly it is reasonable for us to exclude liability for such property to the extent excluded hereby.
6.25 We cannot accept responsibility for any equipment, provided by, for, or on behalf, that is left unattended to, during or after Your stay.
6.26 We will retain any items at the Property for a period of 28 days from the departure date. Items will be returned to You if requested at a cost of £50.00 plus postage and packaging. We do not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned.
6.27 The use of these amenities is on the basis that You use them entirely at Your own risk and We accept no responsibility for injury, loss or damage to You or Your Guests and children and pets must be accompanied at all times.
7.28 You are required to put refuse/recycling in the appropriate waste collection area at the bottom of Waternook’s driveway and are responsible for ensuring waste is collected by the local authority. Failure to do so may result in a deduction being made from Your Cautionary Deposit.
6.29 The Lake Room is to be used solely as a lounge area for The Great Barn.
6.30 You must not use the Property for any other purpose than for a holiday or wedding reception [where agreed in writing].
6.31 The Property may only be used for domestic accommodation purposes with no area being used for any form of event.
6.32 No form of structure or marquee can be erected on the Property/land.
6.33 The Property and land must not be used for commercial or entertainment purposes.
6.34 You are not permitted to have any form of live entertainment including DJ’s, musicians or a Live Band unless agreed in writing prior to your Booking or Wedding Reception Booking.
6.35 The use of smoke machines or similar devises is not permitted in any part of the Property.
6.36 You are not permitted to hold firework displays or release sky lanterns under any circumstances. We are located within The Lake District National Park and have many species of rare wildlife around us. Our estate is also in an area of Special Scientific Interest and is SSSI protected. SSSI protection is the basic building block of site-based nature conservation. Fireworks cause a significant amount of stress to the local wildlife causing fear, stress and anxiety. This can lead ewes to abort their lambs, birds to flee nests and other wildlife to abandon their homes. Errant fireworks also cause environmental damage through fires, the release of poisonous chemicals into the water, air and ground, and plastic pollution that can then injure or be consumed by wildlife.
6.37 You must inform us in writing, prior to making a booking, if you have any special requirements or needs so we can advise accordingly on whether we can meet your requirements or needs. This includes the use of any services or amenities. Services and amenities are subject to availability and if there is anything of particular importance to you please let us know prior to booking.
6.38 CCTV is on use on site to reduce risk of loss or damage to property. Security staff may also patrol the estate at any time and will be unannounced.
6.39 You are not permitted to book any services or activities at either property or on the estate itself that will breach these terms and conditions. Please refer to Clause 4.
6.40 Supplementary Terms for COVID-19. Please also refer to cancellations terms.
* All guests must adhere to the Government's household/bubble ruling. If in doubt guests should reduce their guestlist in order to comply. When booking our accommodation You are not booking bedspaces You are booking the accommodation as a whole. In the event part of your group cannot stay You are still liable for the full cost of the stay as You have booked the Property.
* All guests travelling must be free of Coronavirus and not in a period of self-isolation.
* Any guest with Coronavirus should not check in to the house.
* Any guest developing symptoms should leave the property immediately to self-isolate at their own home. Should any guest attempt to self-isolate at the property all costs and compensations will be borne by You.
* Maintenance inside the house will be limited to emergency work only.
6.41 Your use of the property does not entitle you to charge an electrical vehicle or appliance other than hand-held electrical devices. If you have any particular charging requirements please get in touch before you book.
7. Damage and Replacing Items
7.1 You shall ensure that there is no damage or interference caused to any of the fire extinguishers or any other safety products except in case of an emergency. If any damage is caused this must be reported immediately in writing.
7.2 When you are Booking the Property You do so on the understanding that the Property is a high end, luxury Accommodation and the items contained within the Property are high end and valuable. The cost of replacing damaged or lost items/Property will be charged to You at the current rate of replacement [new for old]. Where items are no longer available, You agree to replacement of items to be with an item of similar quality.
7.3 When you arrive at the Property, if you identify any damage it is important you notify us immediately upon arrival in writing by email. If You do not, when you leave the Property, we could charge you for the damage as it will be assumed that You caused it. If no report of damage is made upon arrival You are accepting the condition of the property as per the inventory and inspection check carried out by Housekeeping and the maintenance contractor prior to your arrival and You are responsible for any damage/labour costs as a result of your stay.
7.4 During your period of stay, You shall take all reasonable precautions to ensure that no damage occurs to the Property.
7.5 You are not allowed to fix any items to the floors, walls or ceilings or any other interior part of the Property by means of nails, screws, drawing pins, Sellotape, tape, glue or staples or any other means unless agreed in writing with Us prior to the Booking.
7.6 Where there is damage or loss caused to the Property You will be responsible for the replacement of the same. As some of the items in the Property are of considerable value, it may take time for items to be sourced. Where the sourcing of items takes longer than a reasonable period of time, then We reserve our right to charge an additional administration fee.
7.7 Any damage or loss caused must be reported immediately in writing by email to Us. We will then acknowledge your email and where required advise You of the replacement costs.
7.8 If you lose your set of keys you must contact us immediately. The keys to the Property are a specialist key which will require deactivation. We will arrange for a new set of keys to be sent to you as soon as is possible and reserve our right to charge you a replacement key charge and an additional charge of £60 per hour for reprogramming the new set of keys.
7.9 Complete details and instructions as to how to use the hot tub and Laconium can be found in the House Information folder, the spa area and your bedroom. If the hot tub and Laconium are not used in accordance with these instructions deductions will be made from your Cautionary Deposit. If you or members of your party fail to observe these regulations during your stay we reserve the right to close this facility or restrict your access to it. In such circumstances no refunds or compensation will be offered.
8.1 You must refrain from any conduct or behaviour that would bring Us, its owners and its agents any disrepute or cause discomfort / risk to others.
8.2 You are responsible for all of your Guests and must ensure they also comply with these Terms and Conditions.
8.3 You must not do anything that may reasonably be considered to cause a nuisance or annoyance to Us or to any other occupier of the neighbouring Property. Notably, after 8pm, guests outside the Property must keep noise to a low level and not play music.
8.4 You must not carry out or permit any act that would make any insurance policy on the Property void or voidable or increase the premium [including, but not limited to: over-occupancy of the Property, use of third party suppliers, use of fire works].
8.5 You must read and following the hot tub and Laconium instructions prior to use so you can deem whether you can use it safely or not. You must remove all cosmetics and shower before using the hot tub and you must not enter the hot tub if you have "fake tan" as this will result in the tub having to be emptied, cleaned, refilled and tested [a minimum charge of £250 will be made], to not damage any part of the hot tub by misuse [including the lifting arms], to not eat or drink whilst in the tub, to not let children use the tub unattended, to not allow them to submerse or swallow water, and to ensure their use is kept to a minimum [young children can develop painful red rashes due to overuse], to not use the tub if you have circulation problems, high blood pressure or any other condition where adverse effects are caused by an increase in heart rate, to not use the hot tub if you are pregnant, to not use the hot tub if you have had a stomach upset in the last 14 days, to not use the tub if you have sensitive skin conditions, to take care when entering, exiting and moving in the hot tub as it has uneven and slippery surfaces. You must not use the hot tub for more than 20 minutes in one sitting. For full guidance please refer the instructions found in the spa area, House Manual and in your bedrooms. If you or members of your party fail to observe these regulations during your stay we reserve the right to close this facility or restrict your access to it. In such circumstances no refunds or compensation will be offered.
8.5.1 When Waternook [only] has been booked, or as part of booking the whole estate, You must allow our housekeeping contractor to access to the Property [with or without You being present] to perform a complementary 30min daily clean of which time will be given over to checking the hot tub and treating the water [excluding day of departure]. Should contractors not be allowed to enter the premises to test the water then guests are not allowed to use the hot tub and will not be compensated.
8.6 You must keep and leave the Holiday Property and furnishings, kitchen equipment [including BBQ and external kitchen], estate and land, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage pursuant to Clauses in these terms and conditions.
8.7 Guests who have a pacemaker should not stand closer than 69cm or 2 feet from induction hobs when in use.
9. General Booking Conditions
9.1 By acceptance of these conditions, You indemnify us against any loss, claim, damage, costs or expenses suffered by or made against us however and by whomsoever caused (including but not limited to the negligence by You, third-party suppliers booked by You, Your servants or agents) arising from Your Booking subject to the extent to which such loss, claim, damage, costs or expenses arise wholly or in part from negligence on our part.
9.2 Nothing in this agreement confers any right on any person (other than Parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.3 Nothing in this agreement shall create a partnership or establish a relationship of principal or agent or any other fiduciary relationship between the Parties.
9.4 No variation of this agreement shall be valid or effective unless it is in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each Party.
9.5 No party may assign, subcontract or encumber any right or obligation under the agreement, in whole or in part, without the other party’s prior written consent.
9.6 We both agree that all communications made in connection with this agreement shall be made electronically or in writing.
9.7 This agreement sets out the entire agreement and understanding between Us and You in connection with the services (except for any terms and conditions which may be contained in any future agreement to be made between Us and You).
9.8 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
10. Legal Rights
10.1 As a consumer, You have legal rights in relation to Accommodation not offered to You with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11. Our Liability to You
11.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.
11.2 We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If You do wish to use the Property for a commercial purpose, please contact Us.
11.3 We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- Defective products under the Consumer Protection Act 1987.
11.4 We do not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.
11.5 Whilst we keep our illustrations, photographs and other imagers as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.
12. Cancellation Policy & Applicable Refund
12.1 If you wish to cancel your Booking You must notify us in writing by email immediately of your wish to cancel.
12.2 Whilst we will try our hardest to accommodate any changes you might wish to make, if this is not possible, we will charge you as per the Schedule below.
12.3 If you cancel your Booking your Cautionary Deposit will be automatically refunded however, for refunds of the total cost of the Accommodation please refer to the following Schedule:
- For cancellations made more than 24 weeks prior to arrival the full deposit will be refunded to you [minus a £100 fee to cover administration time, fund transfer costs, remarketing costs etc].
- For cancellations made between 24 weeks prior to arrival and 8 weeks prior to arrival 100% of the deposit will be retained.
- For cancellations made within 8 weeks of the scheduled arrival date there will be no refund of the total cost of the Accommodation given.
12.4 We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Accommodation. We will promptly contact you if this happens.
12.5 If We have to cancel a Booking under clauses 12.4 and you have made any payment in advance for Accommodation that have not been provided to you, We will refund these amounts to you.
12.6 If, for any reason, we are unable to offer the Property to you for the duration of the Accommodation then we shall use reasonable endeavours to find suitable alternative accommodation to you.
12.7 If, under clause 12.6, we are unable to find suitable alternative accommodation then we may cancel the Booking and shall refund any fees paid to us in accordance with the Booking.
12.8 We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if:
12.8.1 You do not pay Us when you are supposed to, This does not affect Our right to charge you interest at the rate of 8% per year, or you break the contract in any material way.
12.8.2. COVID-19 & Customer Inability [or the inability of any, some or all of Your intended party] or disinclination to travel to and stay at our Properties for any reason.
It is only in the event of a full national lockdown, and/or the address submitted during the booking process being placed into a Tier by Government which has a "DO NOT TRAVEL" restriction placed on it that we are offering a full refund. For the avoidance of doubt our refund guarantee does NOT cover guests for falling ill with COVID [or any other illness], for a requirement to self-isolate or quarantine, or for a Track & Trace alert preventing You from travelling. This includes [but is not limited to]: jury duty, family emergencies, vehicle breakdowns and delays, and a change to working or personal circumstances. When booking our accommodation You are not booking bedspaces You are booking the accommodation as a whole. In the event part of your group cannot stay You are still liable for the full cost of the stay as You have booked the Property. COVID-19 is now a known risk and these situations can be covered by taking out suitable travel insurance. If you or your guests are in quarantine and/or unable to travel due to illness this will be treated as a normal cancellation and you should claim on your own travel insurance. No transfer or refund will be offered.
12.8.3. We reserve the right to refuse to hand over the accommodation/property [or to allow continued occupation by] any person who in our reasonable opinion is not in a suitable state to take charge of it. In such circumstances no refunds or compensation shall be given.
12.8.5.In respect of your reservation we shall not be liable for any sums which you have paid to any other persons/parties in connection with your reservation.
12.8.6. For the avoidance of doubt, we shall have no further liability to you for changes to or the cancellation of any booking. We strongly recommend all guests purchase travel insurance and ensure this also covers COVID-19 as this is now a known risk to the consumer. If you choose not to take out UK travel insurance, then you accept responsibility for any loss that you may incur due to your cancellation.
13. Events Outside Our Control
13.1 We will make every effort to make the Accommodation available to You on time. However, there may be delays due to an Event Outside Our Control. In these circumstances the guest is not liable for any form of refund or compensation.
13.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.3 We cannot accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services including WiFi and Internet [and any house technology integrated within the properties that is reliant upon internet to function properly], epidemic/pandemic, temporary invasion by pests and/or similar situations beyond the control Waternook, either before the Commencement Date or during the Holiday Period. The guest is aware that internet speeds are very slow due to the proximity of the mountains, poor weather and local internet infrastructure and cannot seek compensation as a result of slow internet speeds.
13.4 Some of our sites contain links to third party sites, services and resources. We have no control over the content of those sites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.
13.5 No liability is accepted by Waternook for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Every effort will be made to keep you informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore you are strongly advised to seek the latest information relating to access prior to setting off on your journey. You are advised to take our comprehensive holiday insurance.
13.6 Where the Holiday Property has amenities such as swimming pools, hot tubs, spas, cinemas, boats or other facilities, it is understood that there may be occasions where these facilities may not available for all/part of Your stay due to circumstances out of our control. We cannot accept responsibility or pay any compensation where the Holiday Let is frustrated in these circumstances.
14. Information about us and how to contact Us
14.1 Within the Property you will be able to access Property Information folders. These contain important information relating to your stay. It is imperative that you familiarise yourself with the equipment at the Property using these folders because they contain information such as how to operate the cooker and hot tub.
14.2 Details of the Property given in our website are accurate at the time of publishing. We reserve the right to make alterations to our website at any time. Whilst we keep our illustrations, photographs and other imagers as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.
14.3 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning us on 07709098507, using the online contact form or by email email@example.com If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by using the online contact form or email firstname.lastname@example.org. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in the Booking.
14.4 If you experience any difficulties during your stay please contact us on the numbers provided above and follow up by sending us an email. Important service provider numbers are available for you to obtain from the Booking Confirmation Form, and property information folders within the Property.
14.5 Where you are experiencing any problems, We will arrange to come out to the Property. If however We are called out and identify no problems, then we will charge a call out charge of £100 per hour. This will be deducted from the Cautionary Deposit.
14.6 All special offers advertised do not apply to: the peak season unless otherwise stated, and Wedding Reception Bookings. We reserve the right to apply an “Invitation to Treat” to any price or special offer.
15. How we may use your Personal Information
15.1 We will use the personal information You provide to Us to:
- provide the Accommodation;
- for anti-fraud measures;
- provide additional services through third parties to You as requested within the Booking;
- process Your payment for Accommodation; and
- inform You about similar products or services that We provide. You may stop receiving these at any time by contacting Us.
15.2 We will not give Your personal data to any third party [other than clause 15.3] unless You have requested additional services to be provided during Your Accommodation, in which case the parties providing those services will be provided with Your personal data, where necessary.
15.3 As we are a member of Premier Cottages Limited which is a professional collective of independent luxury cottage owners, we may provide your details to them so that they can contact you for feedback about your stay and also provide you with any information relating to similar services. If you do not wish for them to contact You. You may unsubscribe from this service at any time.
16. Supplementary Terms and Conditions for Wedding Receptions
16.1 All terms advised above are applicable save from the following:
16.2 We are not licensed to hold the ceremony and therefore only the Wedding Reception can be held at the Property.
16.3 There is a minimum term of 3 nights for any Wedding Reception Booking.
16.4 The maximum number of Guests permitted is 20 including the bride and groom.
16.5 You shall confirm the number and names of people attending Your Wedding Reception by advising Us in writing (by email) by no later than seven days before the arrival date stipulated on the Wedding Reception Booking Confirmation Form.
16.6 If the number of Guests exceeds the number confirmed we reserve the right to make a proportionate deduction from Your Cautionary Deposit to account for this.
16.7 We strongly recommend that You take out private wedding insurance to ensure that You meet our cancellation terms in the unlikely event that You need to cancel or transfer Your Booking.
16.8 Any notice of cancellation of Your Wedding Reception Booking must be made in writing.
16.9 Once a Wedding Reception has been confirmed in writing, we reserve the right to impose our standard cancellation charges as applicable.
16.10 The cost of hire does not include any management of your wedding or event. You will be required to make the arrangements for catering, decoration, entertainment and any other services required through external service providers.
16.11 We reserve the right to decline this and any Wedding Reception Booking or part thereof at any time without liability.
17. Other Important Terms
17.1 We will provide you with comprehensive arrival and house instructions for your reference. These guides will contain all the information required to enjoy your stay. In the interests of security, you agree to keep such sensitive information confidential and will not print or discuss the contents with anyone not included in the booking party.
17.2 This contract is between you and Us. However, You acknowledge that the Owner may enforce any and all of the terms of this agreement against you.
17.3 Except as otherwise outlined in this agreement, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as listed in the Booking may enjoy the Accommodation.
17.4 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.
One of the great assets The Lake District has is its environment, which is pure and unpolluted. Together with its extraordinary, rare and spectacular wildlife, The Lake District offers one of the great true and clean wildernesses left on earth - certainly a contributing reason for its status as a "World Heritage Site".
Waternook Lakeside Accommodation recognises its responsibility to respect the environment and is committed to achieving environmental best practice, where practically possible throughout its business activity.
We continually seek ways to conserve and protect natural resources, to minimise wastage of raw materials and energy, whilst providing a consistent and quality product and service to our guests.
Our customers and guests are made aware of our sustainability policy and to give them the option to help us achieve them.
- Underfloor heating in most areas downstairs in Waternook
- Radiators/convector heaters in rooms are controlled by a digital thermostat allowing guests to accurately regulate their own room temperature
- Wood burning stove in Waternook which is energy neutral. The wood used is collected from our private estate
- Use of energy saving bulbs [where possible]
- Encourage a 'switch-off' policy with staff and guests
- Ensure room temperatures are turned down when there are no guests
- Regular boiler checks - a biomass boiler has been installed which is considered a carbon neutral form of energy. Wood fuel is a also considered a sustainable fuel that creates significant social and environment benefits. Biomass boilers are also extremely efficient and produce less atmospheric pollutants
- Purchasing energy efficient appliances and the use of boiling cooker taps which save energy
Reducing Waste Recycle/Re-Use
- Use environmentally friendly cleaning materials [where possible]
- Encourage guests to only put on wash loads when the unit is full
- Use phosphate-free dishwasher tablets and powder - the phosphates are added to soften water and it kills algae, fish and pollutes the lake
- All water provided to our properties is fresh off the fellside from a natural spring - we are not on mains supply - our water is very soft and has a beautiful fresh taste.
- When furnishing recycled glass worktops were used in the Spa & Wellness Sanctuary and the Boot Room
- All waste is sorted and recycled by our collection company
- All wood for the wood burning stove is sourced from fallen branches off our estate
- All worktops in Waternook's boot room and spa area are made from re-cycled glass
- All water provided to the properties is fresh off the fellside
- Use of raindrop showers which use added air in the water flow
- Use of half-flush toilets
- Good maintenance - mending leaking taps
- Encourage full loads in washing machines and dishwashers
- No chemicals are used, all fell water to the properties is treated by ulta-violet light
- The most up-to-date and environmentally friendly sewage and waste water treatment system
- In line with our Social Value Policy we aim to use as much local labour and expertise as possible
- In line with our Social Value Policy we aim to purchase goods/provisions from the local area [where possible] thereby supporting local businesses, local communities and retaining money within the local economic cycle - bridging the gap between growth and poverty
- By using local and hand-made produce [where possible] it reduces food miles and pollution
- In line with our Social Value Policy using local social enterprises where possible
- Use Fair Trade, Organic and Rainforest Alliance certified products where possible
- We aim to increase our responsible purchasing methods to include sourcing products and services from suppliers that maintain ethical practices
- Encourage guests to car-share and not arrive in individual vehicles
- Encourage guests to buy and use eco-friendly dishwasher, washing and other products which will not enter and pollute Ullswater lake
- Encourage guests to purchase food and other items locally, rather than using large supermarkets. This reduces transport miles and support the local economy
- Encourage guests to use the Ullswater Steamers [rather than personal car] for all local walks and access to villages around the lake
- Encourage guests to reuse towels and bathrobes
- Encourage guests not to place hygiene products down the toilet and to use the bins provided
To follow a code of conduct
- Always ask permission before entering private land
- Keep to paths wherever possible
- Always close gates
- Do not drop litter - take your rubbish home with you
- Do not disfigure rocks or buildings
- Do not touch or feed any wildlife or livestock
- Always give animals the right of way
- Always keep dogs on leads
- Try to prevent disturbance to wild animals
- Many plants are protected and should not be picked or trampled upon. Wildflowers are there for all the enjoy
- Guests with dogs - when away from public and popular pathways the recommended way to deal with dog 'poo' is to find a stick and flick it off the path into the udnergrowth, or to kick it out of the way with your boot. It will quickly decompose naturally. If you use a doggy-poo bag because you are in a popular area, then please carry it with you until you find a bin - there is nothing worse than seeing discarded poo-bags in the countryside
- Dogs on leads - even the best behaved dogs can chase-off unexpectedly when they see sheep running. Chased sheep can abort their lambs; and farmers suffer regular sheep mortality and mauling from dogs. Be safe, not sorry.
Here at Waternook Lakeside Accommodation, in line with our 'responsible purchasing policy' above, we are committed to delivering positive social value for the local area and region always seeking to employ local people, support training and apprenticeships, support social enterprises, support local business and the local community. We endeavour to increase our responsible purchasing methods to include sourcing products and services from suppliers that maintain ethical practices.
Waternook Lakeside Accommodation [Waternook & The Great Barn] (We) are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting [https://www.waternookonullswater.com] you are accepting and consenting to the practices described in this policy.
This policy (together with any other documents we refer to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Who we are
“We” or “us” means [Waternook, Howtown, Ullswater, CA10 2ND].
If you wish to contact us, please click here email@example.com
By contacting us, using our services or visiting our website, which is owned and controlled by us (“our site”), you are accepting and consenting to the practices described in this policy unless you inform us otherwise.
Information we collect from you
We may collect and process the following data about you:
Information you give us.
You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide if you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, date of birth, financial information; personal description; dietary requirements; medical conditions; allergies; dependants personal information, next of kin details, employment status/history.
Information we collect about you.
With regard to visits to our site we may automatically collect the following information:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources.
We may receive information about you from third parties such as online travel agents or booking engines. When that data is collected from you, you should be informed by those third parties at that stage that it may be shared internally by us and combined with data collected from multiple sources.
We also work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
Information you give to us.
We will use this information to:
- notify you about changes to our service;
- ensure that content from our site is presented in the most effective manner for you and for your device.
Where you have indicated to us that you are happy for us to do so, we may also use this information to:
- provide you with information about other services we offer that are similar to those that you have already enquired about or receive from us; and
- provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please leave the relevant box blank situated on the form on which we collect your data.
Information we collect about you.
Examples of how we will use this information includes (but is not limited) to;
- administer our services, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- improve our site to ensure that content is presented in the most effective manner for you and for your device;
- allow you to participate in interactive features of our services, when you choose to do so;
- keep our services, site and premises safe and secure;
- measure or understand the effectiveness of our service.
Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
You agree that we can share your personal information with:
- our suppliers and sub-contractors for the performance of any contract we enter into with them to allow us to provide services to you, and only where they are under a duty to deal with your personal data in accordance with the law; and
- anonymously, with analytics and search engine providers that assist us in the improvement and optimisation of our site or business.
- Mail Chimp; WorldPay
We will disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
We are a member of Premier Cottages, a professional collective of independent luxury cottage owners. Premier Cottages promotes properties on our behalf as well as other luxury cottages. As members of Premier Cottages we would like to give them your information so that they can contact you about other quality properties that you might like. You may unsubscribe from this service at any time.
Where we store your personal data
All information you provide to us is stored on our secure servers or on secure servers operated by a third party. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will ask for your permission before collecting your data if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. If you have given us permission to disclose information about you to a third party, you may revoke that permission at any time by contacting us.
You have the right (subject to certain restrictions) to request any of the following; we ask that you send such requests to our contact details as listed above:
- Access– to access all the personal data we hold about you;
- Erasure– that we erase all personal data we hold about you, if that data is no longer being used for the purposes you have consented to or if you revoke your consent;
- Portability– to copy or transfer the personal data we hold about you to another party.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We will not store your data for any longer than is necessary. If you are a user of our services, then your information will be held for as long as you continue to use our services.
If you cease to use our services, your personal data will be anonymised for statistical purposes shortly after you stop using our services.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Strictly necessary cookies.These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies.They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies.These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies.These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them below:
To enable us to monitor the usage of our website and the success of our marketing, we use Google Analytics, which uses a variety of cookies. These are used to track visitors and collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
If you would like to see a full up-to-date list of all cookies used by our website, you can use the following cookie-checking website http://sitebeam.net/cookielaw/test-your-compliance/ (other cookie-checking websites are available).
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.