T&C’s
DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Accommodation
the accommodation provided for holiday letting purposes, details of which have been made available on the Website.
Accommodation Handbook
a guide, including practical information, rules, and a local guide, that will be provided to you digitally before your stay and that will be provided in hard copy on arrival.
Accommodation Rules
specific restrictions applicable to the Accommodation as detailed in the Accommodation Handbook.
Arrival Date
the date on which your Booking will begin, and on which the Accommodation will be made available to you from the time stated on the Booking Confirmation.
Booking
the confirmed reservation of the Accommodation to commence on the Arrival Date and end on the Departure Date.
Booking Confirmation
the written acceptance of the Booking Reservation which may include more information such as details around arrival and departure, directions, Accommodation Rules etc.
Booking Fee
the £25 non-refundable administrative fee payable in the event of cancellation.
Booking Price
the total price as charged to you for the Booking including any additional charges as set out on the Website or otherwise notified to you when making a Booking.
Booking Reservation
the Guest’s request to book Accommodation for holiday letting purposes.
Business Day
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Business Hours
09:00 to 17:00 on any Business Day.
Contact Details
the details found on our Contact Us page of our Website.
Departure Date
the date on which your Booking will end and on which you must vacate the Accommodation by the time stated on the Booking Confirmation.
Events Outside of the Parties Control
as defined in clause 11.
Guest(s)
(you/your)
the individual who makes the Booking Reservation and those who will attend and make use of the Accommodation (further to Booking Confirmation).
Praktyka
(we/our/us)
a partnership between Henry Trew and Ania Wawrzkowicz trading as The Praktyka Partnership at Thorne Farm Buckland, Brewer, Bideford, EX39 5NA.
Terms
these terms and conditions on which your Booking is supplied to you.
Website
The website found at the following domain address: www.praktyka.co.uk
1.2.When we use the words "writing" or "written" in these Terms, this will include email but excludes fax.
2. Our Contract with you
2.1. We look forward to welcoming you to our home and trust you to take good care of this special place, and each other, during your stay here. We try to offer a site that is as natural and free as possible, with very few rules. However, to protect ourselves and you, we ask that you adhere to these Terms during your stay. By making your Booking, you are agreeing to these Terms.
2.2. Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date) and within these Terms are complete and accurate before you submit the Booking Reservation. If you think that there is a mistake within these Terms or that these Terms require any changes, please contact us to discuss. We will confirm any changes to these Terms in writing to avoid any confusion between you and us.
2.3. Once you submit a Booking Reservation to us and pay the full Booking Price we will send you a Booking Confirmation email (or letter in the post, if you do not have or have not provided an email address).
2.4. These Terms will become binding between you and us once we issue you with the Booking Confirmation.
2.5. If any of these Terms conflict with any term contained within the Booking Reservation, the Booking Confirmation, or the Accommodation Rules, these Terms will take priority.
2.6. The maximum number of people who can stay in the Accommodation will be notified to you on the Website. You guarantee that you will not exceed that number.
2.7. It is the responsibility of the Guest to ensure that all members of his or her party are aware of these Terms and abide by the same.
2.8. You agree not to arrive at the Accommodation before 4pm on the Arrival Date and to depart from the Accommodation on or before 10am on the Departure Date. The Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge) in the event that you have not left the Accommodation by the agreed Departure Date.
2.9. You agree to inform us of your arrival time and of any changes to your arrival time on the Arrival Date.
2.10. Any illustrations, photographs and other imagery displayed are for illustrative purposes only are subject to change and no warranty or other representation is made as to the quality of the Accommodation by us via the Website.
2.11.You confirm that the individual making the Booking Reservation is over the age of 18.
2.12.The Accommodation is provided for holiday letting purpose only for the specified period as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant between you and us and you will not be entitled to any:
2.12.1.new tenancy; or
2.12.2. assured short hold or tenancy; or
2.12.3. any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure,now or from the Departure Date of the Booking.
3. Changes to BOOKING or terms
3.1. We may revise these Terms from time to time in the following circumstances:
3.1.1. changes in how we accept payment from you;
3.1.2. changes in relevant laws and regulatory requirements; or
3.1.3. if we have a valid commercial reason to do so.
3.2. If we have to revise these Terms under clause 3.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3. If you wish to change the dates of your Booking or amend your Booking in anyway, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve that right to charge for any differences in price (for example if the new dates fall within a high season as detailed on the Website).
4. ENJOYING the Acommodation & Restrictions
4.1. We will supply the Accommodation to you for the period set out in the Booking Confirmation.
4.2. Access to the Accommodation is subject to your adherence to these Terms and the Accommodation Rules.
4.3. We will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside of the Parties Control. See clause 11 for our responsibilities when an Event Outside of the Parties Control happens.
4.4. If you do not pay us for your Booking when you are due to, access to the Accommodation will not be permitted, and the Booking will be cancelled.
4.5. You shall take proper care of the Accommodation and its contents during your Booking and may receive an invoice for any damage caused or loss suffered if the Accommodation and its contents are not left in the same state in which it is found at your Arrival Date.
4.6. Any Accommodation Rules, provided to you digitally and in hard copy, shall be incorporated into these Terms and breach of any of the Accommodation Rules will be treated as a breach that entitles us to cancel the contract and recover any costs of repair necessary as a result of the Guests not having followed the Accommodation Rules.
4.7. All Guests shall adhere to the ethos of Praktyka regarding waste, recycling and environmental matters, as detailed in the Accommodation Handbook, which will be available digitally and in the Accommodation.
4.8. Guests take full responsibility for the security of their possessions and are advised not to leave any valuables behind when leaving the Accommodation during the stay.
4.9. All Accommodation and the surrounding grounds are no smoking and no vaping areas. If it is evident that smoking or vaping has occurred during your Booking, you will be asked to vacate the Accommodation immediately and will be liable for any costs incurred deep cleaning, redecorating and cancelling all or part of any subsequent bookings if the Accommodation has been rendered uninhabitable.
4.10. Internet access is provided in the black barn and the barn. The service is provided for your enjoyment and you are responsible for safe and compliant use and complying with all laws.
4.11. If you wish to have a third party to provide services on the Accommodation premises, this will only be allowed where we have provided written approval of such third parties ahead of the Arrival Date. Please contact us using the Contact Details to discuss any such third party.
4.12. Upon your arrival, please notify us of any defects within the first 24 hours. Thereafter you will be deemed to have accepted the condition of the Accommodation.
4.13. Please ensure you are familiar with the Accommodation’s location and that the Accommodation is suitable for your needs.
4.14. No Guests shall enter the Farmhouse or the gardens behind the farmhouse. Namely the areas marked private on the sitemap.
4.15. Noise levels must be kept to a minimum after 10:30pm. No music is allowed on site after 10:30pm.
4.16. Please respect the surrounding properties during your stay and comply with any applicable laws and rules throughout your Booking, including but not limited to The Countryside Code.
4.17. Fires are only allowed in the designated wood-burners and fire-pits. You must follow our fire safety procedures, as detailed in the Accommodation Handbook at all times.
4.18. We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople) reserve the right to enter the Accommodation at all reasonable times for the purpose of inspection or to carry out any repair deemed necessary to the Accommodation and its contents. This includes the need to undertake inspections and audits necessary to operate our business. In the event that such access is required, we will give you reasonable notice and restrict such access to working hours. If it is not possible to do so, we will offer reasonable compensation for the inconvenience and any loss of enjoyment caused, but this is at our discretion.
4.19. Access to the property must be granted, without notice, to Praktyka staff in an emergency,
4.20. All belongings and vehicles are left at the Accommodation at your own risk. Please ensure all belongings are removed by the Departure Date as the return of any lost property cannot be guaranteed and will incur charges.
5.Pets
5.1. No pets are allowed in the Accommodation or on the site.
6. Price and payment
6.1. The Booking Price will be set out on the Website, at the time of submitting your Booking Reservation and as detailed in your Booking Confirmation.
6.2. All Payments may be made via our Website, via our online agent (Airbnb or Canopy & Stars), or by BACS transfer (please use the date of Booking and your surname as the reference on all BACS payments). We do not accept cheques or cash.
6.3. The full Booking Price is due at the time the Booking Reservation is submitted.
6.4. Where VAT is chargeable, it is included in the sums given.
7. LEGAL RIGHTS and complaints
7.1. As a consumer, you have legal rights in relation to your Booking where it is not offered to you with reasonable skill and care, or if the service provided to you is 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. However, we ask that you contact us in the first instance using our Contact Details.
8. Our liability to you
8.1. No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit any liability which cannot be excluded or limited by law.
8.2. 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. 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 it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
8.3. 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.
8.4. Praktyka is located in a natural landscape where there are potential hazards. You agree to behave with care and consideration at all times when on the site. You agree to supervise children and vulnerable adults at all times when on the site.
8.5. We do not accept responsibility for a shortage of water at the Accommodation where this is a result of a drought or as part of any other Event Outside The Parties Control.
8.6. 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.
9. Your rights to TRANSFER or cancel and applicable refund
9.1. Transfer of Bookings (e.g. transfer from one Accommodation to another, transfer between dates, transfer to another Guest) are not normally permitted. We may, at our discretion, accept transferred Booking subject to an administration fee of £35.
9.2. We recommend that you take an appropriate travel insurance policy before placing your Booking Reservation.
9.3. You may cancel a Booking before the Arrival Date by contacting us using the Contact Details. Subject to clause 9.5, all cancellations will be issued with the following refunds, as dependant on the amount of time before the Arrival Date:
Up to 60 days before the Arrival Date - A full refund less the Booking Fee
Between 59 and 30 days the Arrival Date - 50% of the Booking Price
Less than 30 days before the Arrival Date - 0% of the Booking Price
For example, if you make your Booking on 1st January with the Arrival date of 1st April at a total cost of £1,000 and cancel your Booking on 25th February, you will receive a £500 refund.
9.4.We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
9.5. Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to Covid19), this will be treated as a cancellation by you and not an Event Outside the Parties Control (Clause11).
9.6. If you need to cancel due to Covid19 travel restrictions in either your, or our geographical area, we will issue a credit note for the equivalent amount to go towards a future stay.
9.7. If you need to cancel your Booking, we will try and re–let the Accommodation. If we are able to re-let the Accommodation, we will issue a full refund less our Booking Fee and subject to any difference in price between the Booking Price and the re-let price.
9.8. If you depart voluntarily from the Accommodation before the Departure Date, no refund shall be given.
9.9. Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3.1 and you elect to cancel the contract (except where we have been affected by an Event Outside of the Parties Control), you do not have to make any payment to us.
10. Our rights to cancel and applicable refund
10.1. We reserve the right to refuse any booking at our discretion.
10.2. We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control or to perform essential remedial or refurbishment works. We will promptly contact you if this happens.
10.3. If we have to cancel a Booking under clause 10.2, we will issue a full refund and will not be liable for any other loss incurred by such alteration or cancellation.
10.4. We may cancel the contract for your Booking at any time with immediate effect by giving you written notice if you:
10.4.1. do not pay us when you are supposed to; or
10.4.2. complaints are made of anti-social behaviour, or behaviour that threatens the safety of others or members of Praktyka staff; or
10.4.3. break the contract in any other material way.
11. Event Outside of the Parties Control
11.1. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 5 days, the party not affected may terminate this agreement by giving written notice to the affected party.
11.2. Weather will only be included as an Event Outside of the Parties Control where a red weather warning has been issued by the Met Office.
11.3. In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided us.
11.4. For the avoidance of doubt, self-isolation due to Covid19 and/or showing symptoms of Covid19 is not an Event Outside of the Parties Control.
11.5. Should any event or circumstance beyond our reasonable control occur which means the Accommodation cannot be provided to you, we will let you know as soon as possible so alternative accommodation and/or a refund can be arranged for you.
12. Covid-19
12.1. If a Guest suspects they have symptoms of Covid-19, they must informed Praktyka immediately and return home. In the event that they cannot return home, they will be liable for all related costs of remaining at the site, including but not limited to, the cost of any cancellations of subsequent bookings for the same Accommodation, the costs of other Guests on the site who will need to depart and of any deep cleaning which will be necessary.
12.2. Subject to clause 8.1, Praktyka will not be liable for any costs which arise in the event that a Guest contracts Covid-19 during their stay.
13. How we may use your personal information
13.1. We will use the personal information you provide to us to:
13.1.1. provide your Booking;
13.1.2. process your payment for your Booking;
13.1.3. process identity checks where necessary; and,
13.1.4. inform you about similar products or services that we provide, where you have permitted us to. You may stop receiving these at any time by contacting us.
13.2. All data you provide to us will be treated in accordance with our Privacy Policy.
14. Other important terms
14.1. We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.
14.2. Except for you (the Guest) and us, no other person shall have any rights to enforce any of these Terms.
14.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you (or if we delay in doing so) that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5. These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15. CCTV
15.1. We have assessed that CCTV cameras have a legitimate role to play in helping to maintain a sfae environment for our site. However we recognise that this may raise concerns about the effect on individuals and their privacy. This policy intended to address such concerns. Images recorded by surveillance systems are personal data and must be processed in accordance with data protection laws.
15.2. CCTV only covers the entrance to the property 24/7 and is continuously recorded. This location is chosen to minimise the area being filmed.
15.3. If you have any concerns or complaints about the CCTV please contact Henry Trew.