Terms and Conditions

 

1. THE CONTRACT
The Contract for a short-term holiday rental will be between Lois Bolton and Malvern Hills Lodge (referred to as “Malvern Hills Lodge, us, we or our”) and the person making the booking and all members of the holiday party (referred to as “the customer, or your or you”) in the following booking conditions. UK Law will govern the Contract. The contract of hire is not effective until we have processed the deposit. The contract will be subject to these booking conditions and must be complied with. The party leader must be at least 18 years of age at the time of booking and prior to arrival. We must be provided with a list containing the names, ages, postcodes and contact details of all guests.

2. DEPOSIT AND PAYMENT

Bookings are CONFIRMED on receipt of the deposit of 25% of the booking cost. The deposit must be paid within 3 days of booking being placed. The balance of the rental will be due for payment Thirty Days (30) prior to the booking commencement date.

You will receive an automated reminder email 5 days prior to this 30 day deadline.

This email will contain a link to enable the payment to be made directly.

You will initially receive a confirmation email, that will confirm your dates and outline the deposit that has been paid and any outstanding balances to be paid.

If for any reason we have not received payment of the balance by the due date and you are unable to promptly rearrange payment (or we cannot get hold of you to arrange for payment to be made) we will be entitled to treat that as your intention to cancel the booking. If your booking is made less than thirty days (30) days prior to the holiday commencement date then your booking will only be confirmed, and our contract will only come into force once we have received payment in full for the booking in cleared funds.

No entry to the property will be allowed without payment, in full, being cleared beforehand.

3. CANCELLATION
a/ If your booking has to be cancelled because Malvern Hills lodge is put under Government Restrictions and has to close and the period of closure covers your booking you will be refunded in full.

b/ In the event that your given address is put into Local/Regional Lockdown, rendering you unable to travel, and the period of restriction covers your booking you will be refunded in full.

c/ If your booking has to be cancelled because Malvern Hills Lodge has to close through Force Majeure, meaning any of the following circumstances which may hinder or prevent the performance by us of the Contract, including but not limited to: (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; (g) non-performance by our suppliers or contractors; and (i) failure of utility service, and the period of closure covers your booking you will be refunded in full.

d/ Customer inability (or the inability of any, some or all of your intended party) or disinclination to travel to and stay at Malvern Hills Lodge for any reason.
This includes – but is not limited to – illness (including Covid-19), a requirement or recommendation to self-isolate or quarantine, shielding, a call to jury duty, military service, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport. These remain at your risk and do not give rise to a right to cancel or to receive a refund unless we re-let the property, other than according to the sliding scale below. You are strongly recommended to take out UK travel insurance to cover these eventualities. 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.

e/ Cancellations must be notified to us by phone and email and once received in writing we will confirm the cancellation request.

f/ Malvern Hills Lodge will apply the scale shown in the table below to bookings to determine the amount of the charge, which shall be a percentage of the total cost of the holiday.

Number of days before start of holiday that notification of cancellation is received* The percentage of total booking value payable by the Customer
More than 90 days 5% of the booking cost
60 to 89 days 40% of the booking cost
45 – 59 days 50% of the booking cost
30 – 44 days 75% of the booking cost
3 – 29 days 90% of the booking cost
0 – 2 days 100% of the booking cost

*In order to ensure speedy receipt, and thereby processing, of cancellations, it is recommended that the customer sends written notification of cancellation by email requesting confirmed receipt. The effective date of cancellation is when written notification is received by us. Any amounts due for refunding will be made within 14 Days.

g/ On receipt of the cancellation, the above charts state the amount that the customer remains liable for at that point in time. We will then use reasonable endeavours to obtain a replacement booking. In the event that we are successful in obtaining a replacement booking, we will refund to the customer the total amount paid by the customer for the booking less the 5% booking fee and less the difference in price between the customers’ booking and the replacement booking if one is made.
For example: A £1000 booking, fully paid, cancelled and relet for £900, means that the original Customer will be refunded as follows, £1000 – 5% booking fee equals £950, – £100 rebooking shortfall, = Refund of £850.

h/ It is the responsibility of the customer to acquire suitable travel insurance for themselves and their party to cover the booking. Malvern Hills Lodge strongly recommends that the customer acquires suitable insurance to cover circumstances beyond the customers’ control such as, but not limited to, jury duty, incarceration, change in personal or work circumstances, military service, illness – including Covid and shielding, family emergencies and travel delays.
Covid is also now a known risk and it is possible for you to insure your holiday against it. This can include the customer or any of the party having Covid, the customer or any of the party having to isolate or quarantine, or you wishing to shield any Members of the party.
There are several options which include cover for Covid related cancellations available from organisations like Trailfinders: https://www.trailfinders.com/insurance#/step1 or https://www.coverwise.co.uk/Travel-Insurance/corona-virus.aspx or www.gocompare.com

4. PERIOD OF HIRE
You should not arrive before 2.30pm on the commencement date and leave by 9.30am on the day of departure. Failure to do so may result in you being charged a further day’s rental. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period. You may not sub-let the property.

In the event that you are required, in accordance with guidelines imposed by the UK Governments in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)), to self-isolate at the property you will be responsible for the cost of (i) any additional nights out of the holiday period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.

5. NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than four persons (as stated on the web site) occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities at Malvern Hills Lodge.

6. LIABILITY
Malvern Hills Lodge, its employees and representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.

7. CARE OF THE PROPERTY
You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. Smoking is not allowed in the property. You must ensure the property is securely locked when not occupied by you.

8. DAMAGES & BREAKAGES
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. Any damages or breakages will have to be paid for in full on demand within seven (7) days of notification in writing. We recommend that you have appropriate insurance in place to cover this.
If you lose a key we will replace it upon you paying for the cutting of a new one.

9. WIFI, INTERNET AND ELECTRICITY
Wi-Fi and electricity is provided for the guest’s reasonable use (this excludes electric car charging). The guest agrees to reasonable and lawful usage of these services. We will not be liable for slow wi-fi connections or for any interruptions to or the failure of these services.

10. RIGHT OF ENTRY
We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.

11. COMPLAINTS
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We live nearby and will do our best to resolve any problem. We value your custom and want you to return.

12. DATA PRIVACY STATEMENT & COOKIE POLICY
See our Privacy & Cookie Policy here.

13. DRONES, NIGHT LANTERNS AND FIREWORKS
The use of drones is not allowed without our express permission. Fireworks are not allowed without our express written permission. Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.

14. CARE OF YOUR PROPERTY
Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk.

If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after six (6) months.