Terms & Conditions for The Gallery Lodges.
If you are a consumer, The Gallery Lodges (Peter Caswell / Julie Caswell /we/the owner) rents all self catering lodges and extras to you subject to these terms.
A contract is formed between you and The Gallery Lodges when we issue you with a confirmation email to confirm your booking and a payment has been taken or the payment details you provided have been verified. No booking shall be binding on The Gallery Lodges until we/or an agent we have authorized, issues you with a confirmation email.
1 Your Booking
1.2 You can only make a booking if you are 18 years old or over. If you arrive at the hotel and are under 18 years of age you will not be permitted to stay. We may require photo id as proof of age.
1.3 If we cancel or amend your booking: We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings. See Section 5.
1.4 A 30% Deposit is taken at the time of booking when you book direct using our online bookings system or directly with us over the telephone. In some circumstances, such as when booking via Booking.com, your deposit will be taken 24 hours after you booked. Other third party booking provider such as Hotels.com will have specific terms which you will be agreeing to upon booking. Please also read about Cancellations in section 4 below.
1.5 If you book 14 days or less before the scheduled date of arrival, we will take full payment from the credit card you supplied at the time of booking or in advance of your arrival. If you book through another third party booking website then the terms of that website will apply.
1.6 Balance To Pay Later.
We will take the Final Payment approximately 2 weeks prior to your arrival using the credit card that you provided at the time of booking. You should contact us in advance if you wish to use a different method of payment for your final balance or if you wish to be notified before the payment is taken.
2 Check-in and check-out
2.1 You can check-in from 3 pm on the scheduled date of arrival. If you wish to check-in earlier please contact us on the day of your arrival and subject to cleaning and availability we will vary the check in time at our discretion. This service is subject to availability. 1 May 2020 update – check in is now from 4 pm and no early arrivals will be possible, this is to allow cleaners extra time due to Covid 19.
2.2 You must check-out before 10.30am on the scheduled date of departure. If you wish to check-out later then you can contact us before your day of departure and we will vary this at our discretion subject to cleaning and availability. This service is subject to availability. 1 May 2020 update – check out is now by 10 am and no late departures will be possible, this is to allow cleaners extra time due to Covid 19.
3 ‘Rules of the house’
You agree to comply with the regulations set out in any property manual and “Rules of the House” provided to you to improve the use and enjoyment of the property for all concerned, and any other regulations reasonably specified by us from time to time.
3.1 The Gallery Lodges are intended for adults to enjoy a peaceful stay. They are not designed for entertaining guests or for behaviour which would disturb any of the other residents, including: loud music, TV, shouting or any other activity which would significantly disturb any of the other guests. Outdoor noise should be kept to a minimum after 10 pm to respect the other guests staying.
3.2 You agree not to cause any damage to the walls, doors or windows of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
3.3 You are permitted one car per lodge. One additional parking space is available by arrangement in the allocated guest parking area. Do not drive or park on the grass.
3.4 The maximum occupancy for each room or lodge is 2 adults.
3.5 We do not permit people under the age of 18 to stay at The Gallery Lodges.
3.6 No pets are allowed in any room, lodge or building at any time.
3.7 No parties are permitted at any time. To maintain the peace of the lodges we ask you to limit any visiting guests to no more than 2 persons.
3.8 Any guests you have during your stay should leave at 10pm and they should only park in the guest area parking. They are not permitted to park outside the lodges.
3.9 You must also comply with any reasonable ‘rules of the house’ laid down by the owner, which have been made to improve the use and enjoyment of the property for all concerned. If the owner does not communicate any such rules to you, you must assume that “normal” rules (such as consideration for neighbours) apply. We reserve the right to enter the property at any reasonable time provided reasonable notice is given to you.
3.10 Smoking is not permitted in The Gallery Lodges. You must not smoke in any rooms or public areas or interfere with our fire detection systems. If you do so this will be regarded as a breach of these booking terms and conditions and we will terminate your booking and, if necessary, refer the matter to the authorities. We will contact you after your stay to recover any costs incurred due to smoking inside the lodges. The costs we incur include our costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administration expenses. We may also instruct a third party to recover any costs.
3.11 You must take all reasonable precautions to avoid damage or interference with any items belonging to us. Customers are requested to bring any damage to our lodges or property to our immediate attention. Malicious, willful, or negligent damage or interference to our hotel or property will be regarded as a breach of these bookings terms and conditions and we will terminate your booking. We will contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our lodges or property. We may also instruct a third party to recover these costs on our behalf. If you request it, we will send a breakdown of these costs to the address used for the booking.
3.12 You agree to keep and leave the lodge and the furnishings in good condition and clean the kitchen equipment, crockery and glasses before departure.
3.13 All room keys must be returned to reception on check-out. If you fail to do so, we may charge you for a replacement key or lock as required. In the event that a key is not returned after check-out we request customers to contact the hotel to make arrangement for keys to be returned.
3.14 You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs or in an emergency.
If you do not comply with paragraphs 3.1 to 3.12 when staying at The Gallery Lodges, we may terminate your booking – see Section 6 below.
4.1 Booking Deposits. You will be charged a prepayment of 30%, which is your booking deposit. We refund deposits if you cancel within 24 hours of booking (see 4.6 for fees). The booking deposit is non-refundable except in the case of an Advanced Cancellation which are 8 weeks or more before arrival. In the case of Advanced Cancellations we will refund your deposit, (see 4.6 for fees) please contact us. We reserve the right to withdraw this option for a deposit refund where a guest has made a special agreement with us or has made multiple reservations. Please also read section 4.4 below regarding contracts with third party booking agents.
4.2 Your Balance to Pay is charged 14 days before your arrival. You will be charged in full for cancellations made inside the 14 days before your arrival . The Final Balance Payment will be due if you do not cancel at least 2 weeks before your visit. This will usually be taken automatically from your credit card. See section 1.6 above.
4.3 Please get in touch with us as soon as you know you need to cancel. If we are able to re let your cancelled dates, then we may be able to refund any final balance payment you may have made less any costs or losses that we incur in re-letting or partly re-letting those dates. Please contact us by email or call us on 01271 816776.
4.3a Covid-19: From 1 May 2020, if you are unable to travel due to Covid 19, and we are permitted to be open, in line with our existing policy we will not refund any payment you have made if you cancel, unless we are able to re-let your dates. You may wish to take out travel insurance for this and other eventualities that may prevent you taking your holiday.
4.3b Covid-19: from 26 June 2020 we have a Guest Agreement which we will email to all guest, explaining what you need to do if you are self-isolating or have symptoms of Covid-19 before or during your holiday. You will need to read and agree to this by email or in writing. We have based this on advice from government recommended bodies, and this may be updated if the government advice or legislation changes. We are also required to keep guest data for Track and Trace.
4.4 If you book through another holiday booking website then the terms of that website will apply. Please note that if you elect to pay a third party such as Hotels.com or Expedia in full and in advance then we may not be able to offer a refund as you have made a different, non-refundable, contract with that third party which, unfortunately we do not have direct control over.
4.5 We will only make refunds to the payment card that you used to make the booking. We will normally credit refunds to your card within 10 days.
4.6 From 1 May 2020 our payment processor, Stripe, will retain the payment processing fee on refunds (they charge up to 2%). Therefore refunds will be made less the card processor fees we incur. Any bookings made from 23 March 2020 will be subject to this new term.
5 If we cancel or amend your booking
5.1 We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings. Examples of such reason (although these are not exhaustive) may include personal circumstances, flooding, fire, and other significant damage to the property or failure of utility services to the property.
5.2 We will always attempt to allocate you another of our lodges before making a cancellation.
5.3 If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us but we shall not have any other liability to you.
5.4 Covid 19: from 1 May 2020 for existing and new bookings , if we The Gallery Lodges are forced to close due to circumstances connected with Covid-19 then we will help you to find an alternative date to stay with us, offer a digital Gift Voucher for The Gallery Lodges which will last 24 months, or where necessary we will refund your stay. We shall not have any other liability to you.
6 Termination of your stay
6.1 If you commit a serious breach of these Our Terms and Conditions we will have the right to terminate your booking and, if you are already at the property, we may require you to vacate it at once. A serious breach of Our Terms & Conditions may include failure to comply with Rules of the House or health & safety advice; or circumstances where your behaviour, or that of your guests, is likely to have a significant adverse effect upon those staying or living nearby the property. We will always try to act reasonably and will usually give a warning but if, in the owner’s reasonable judgement, you or your guests’ behaviour has made the possibility of your stay continuing untenable, you may be asked to leave immediately, no refund of the fees you have paid will be returnable to you.
7.1 Statutory Rights: We have tried to ensure that any rights that you as a consumer have that are implied by law into a contract of this type (statutory rights) are not excluded or limited in anyway. If any of these terms conflict with a statutory right or the law changes and your statutory rights change, then the statutory rights will prevail over these terms.
7.2 You should ensure that you and others in your party have adequate travel and health insurance for your stay.
7.3 You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence.
7.4 Events Beyond our Reasonable Control: We shall not be in breach of these terms, nor liable for any failure to perform any of our obligations in relation to your booking (such as the provision of room(s) and/or other products and/or services and/or extras) due to any adverse event, act, omission or accident which happens which is beyond our reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, interruption or fire (except by way of our default) or failure of (except by way of our default) electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
7.5 Our Liability: Subject to the remainder of this clause, you should use your own insurance policies to claim the full amount of the loss or damage to your property prior to approaching or pursuing The Gallery Lodges. The Gallery Lodges aims to provide a safe and secure environment for the duration of your stay and where necessary, will take appropriate security measures.
We shall not be liable, in any circumstances, for any loss or damage to vehicles you bring to the lodge or any property left in them. Neither shall we be liable for any loss of profit, or any indirect or consequential loss arising under or in connection with your booking. Where we are liable, we will only be responsible for losses that are a foreseeable result of a breach or negligence, but not otherwise. The loss or damage will be foreseeable if it is an obvious consequence of the breach or is contemplated by both parties at the time of entering into the contract. Nothing in these terms shall limit or exclude our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation; or any other form of limitation or exclusion prohibited by law or statute.
7.6 Third Party Rights: A party which is not a party to our Contract shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
These terms are governed by the laws of England and Wales.
Changes to Terms: We reserve the right to change these terms from time to time. The terms applicable to your booking are those in force on the date of booking (or amendment, as applicable).
For more information on your statutory rights see www.gov.uk/consumer-protection-rights
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement
This is self catering accommodation. However, in the unlikely event we are found to be a hotel under the Hotel Proprietors’ Act 1956 (Act), our liability is limited. We are only liable up to the maximum sums under the Act. If an incident occurs during your stay, resulting in the theft, loss or damage of your property, we will carry out an internal investigation. If we do not feel that your property was stolen, lost or damaged through any fault of ours, our staff or agents, this will be evidence that it wasn’t our fault. In those circumstances, our liability is limited to the maximums under the Act. If an incident is referred to the Police authorities, and they draw the same conclusion as us, this will also be evidence that our liability is limited to those maximums.