BOOKING CONDITIONS & GENERAL INFORMATION

General

Mulberry Cottages Ltd, Mulberry House, 17 New Dover Road, Canterbury, Kent, CT1 3AS. When you book a property through Mulberry Cottages and all subsidiaries of Mulberry Cottages Ltd. you enter into a contract with the owner of that property, we act only as a booking agent for the owner. These conditions set out the basis of your contract with the owner.

Bookings

Bookings and offers of bookings are all subject to availability. When you submit a booking via our online reservation system you will receive an automatically generated booking summary by e-mail to the e-mail address you provide in the booking form. This does not form a contract. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent by post or e-mail. We and the owner have the right to refuse or cancel any booking, for whatever reason, within a 48 hour cooling off period of the booking being received. The party leader must be at least 21 years of age at the time of booking. No students accepted unless by prior arrangement. Please check all booking details carefully and inform us of any incorrect information immediately.

The holidaymaker books the holiday as the consumer and therefore agrees that no liability can be accepted by the owner or Mulberry Cottages for any expenses, costs, losses, claims or other sums of any description which relate to any business suffered or loss incurred.

Non-availability of Property

If for any reason the property is not available on the date booked, or the property is unsuitable for holiday letting, all rent and charges paid in advance by the holidaymaker will be refunded in full, but the holidaymaker shall have no further claim against the owner or Mulberry Cottages.

Pets

Pets are only permitted with our prior consent and confirmed in writing to you. Where permitted they are to be kept under control and exercised off the premises. Pets are not permitted in bedrooms or on furniture and neither we, nor the owners, can accept responsibility for their safety. Please do not leave pets in the property unsupervised, as this can result in considerable damage to the property and distress to the pet. The standard weekly charge for this may vary by property, you will be advised of the charge prior to booking. Customers with allergies should be aware that ‘regret no pets’ in a description does not always guarantee there have never been pets in the property in the past. Registered guide dogs are allowed in all properties but you should inform us at the time of booking if you wish a guide dog to accompany you.

Payment

If a booking is made for fewer than 21 nights duration more than eight weeks before the holiday is due to start, a deposit of 30% of the rent must be paid. Once a booking for fewer than 21 nights is received and accepted by us, the holidaymakers are liable to pay the full rent and any additional charges, eight weeks before the start of each holiday. If we do not receive payment by this date then we will treat it as a cancellation and charges will apply as per the table provided. For all credit/debit card payments, the balance will be automatically deducted from the card eight weeks prior to the holiday start date.

Under certain circumstances accommodation costs can be paid monthly by direct debit. The deposit must be paid by credit or debit card, the balance will then be split evenly and paid monthly. All terms and conditions

remain unchanged. We reserve the right to cancel the Direct Debit scheme at any time. The balance must be paid in full 9 weeks before the arrival date. Should you cancel your Direct Debit prior to the date of the final payment, Mulberry Cottages will change a 5% administrative fee.

If you book less than eight weeks before the start of a holiday, full payment plus all additional costs must be received at the time of booking. If any payment, made to us, is not honoured a £20 administration charge will be levied. In the event of a booking not being accepted by us, all fees paid will be refunded.

There is a booking fee charged for each booking made.

Booking fees may vary from property to property - please check the website upon booking. *there may be exceptions. In the event of a stay of 21 days and over, the standard booking fee will be charged at £95.

If a booking is made for 21 nights or more, regardless of the length of time before the start date, then the full balance is due at the time of Mulberry Cottages confirming the booking.

If a payment is made by Paypal, Mulberry Cottages will make a charge of 1.9% for each payment made in order to recover Paypal’s charges to the company. Payments may be made by credit card with a 1.35% charge or by debit card with no additional charges or by sterling cheque made payable to Mulberry Cottages. Post-dated cheques cannot be accepted. Any charges raised against us by your bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you will be liable to reimburse us in respect of such charges within seven days. We regret that any charges incurred in handling payments from overseas will be passed on to you.

Direct Debit

When Direct Debit is chosen as the payment method (Only available under certain circumstances) the following apply:

Security Deposit

For any stays with fewer than 21 night’s duration a pre-authorised payment to cover damages that may occur during your stay at the property will be pre-authorised against your credit or debit card provided, unless alternative arrangements are discussed at point of booking. This will be pre-authorised 7 days prior to the start date of each booking and will be released 7 days after you vacate the property. If a complaint is raised by the property owner the funds may be held for an undefined period. The pre-authorisation is not a charge, however for any breach of the agreement you give authority for Mulberry Cottages to deduct the relevant changes from the card provided.

Funds may be debited from your account in the event of theft, breakages, damages or excessive cleaning at the property or complaints of any nature. This list is not exhaustive. If you are unable to provide card details we will request the full amount of the security deposit to be paid by bank transfer, cheque or PayPal. Any charges incurred in refunding deposits to overseas or UK accounts will be passed on to you.

Under no circumstances are photo shoots, location videos or filming permitted at any of our properties for any purpose which may include, among others. Advertising, promotion, marketing and packaging for any product, service or arts project. This includes the use of the property as a base for shooting stills, video or film in the wider area. In the event of this taking place you may be liable to prosecution and any extra costs incurred including the retention of the security deposit. Unless prior authorisation from the owner has been given.

For any stays longer than 21 nights the Security Deposit will be deducted from the card or payment will need to be made by bank transfer, cheque or PayPal with the final balance payment. The amount of Security Deposit will vary between properties and will be advised prior to booking. This payment will be refunded without interest after the booking is complete, less any deductions, should damage occur.

In the case of a dispute we will endeavour to resolve any issue as a goodwill gesture, but would remind you that any issue arising is a matter between you and the owner. Mulberry Cottages can only facilitate in helping to reach an agreement. In the case that a security deposit is charged in response to a dispute raised by the property owner, an administration fee of £25 will be added and charged in addition to the total cost of the dispute.

The Sandwich Golf Open 2020 11-20th July 2020

If a booking is made for arrivals between 11-20th July 2020 or dates specific to the Tournament, the following conditions will apply.

For durations more than nineteen weeks before the holiday is due to start, a deposit of 30% of the rent must be paid. Once a booking is received and accepted by us, the holidaymakers are liable to pay the full rent and any additional charges, nineteen weeks before the start of each holiday. If we do not receive payment by this date then we will treat it as a cancellation and charges will apply. For all credit/debit card payments, the balance will be automatically deducted from the card twenty-two weeks prior to the holiday start date.

If you have to cancel your holiday we need to be notified by telephone immediately and also in writing. This can only be accepted from the party leader. The amount you are liable for is set out below and depends on when you cancel:

Number of days before holiday start that notice is received date

Cancellation charges of total rental

More than 8 weeks 30% Less than 8 weeks 100%

We would strongly advise you to take out cancellation insurance to avoid losing your monies if you do have to cancel your holiday. Any agreed amendments or changes to the booking prior to 19 weeks of arrival, an administration charge of £50 including VAT will be levied.

Short Breaks

Should a landlord agree to short breaks, the pricing is as follows (unless otherwise stated):- 2 Nights = 65% of weekly rent 3 Nights = 70% of weekly rent 4 Nights = 75% of weekly rent 5 Nights = 85% of weekly rent

 

Act of God

Both we and the holidaymakers will not be liable for our respective obligations under this agreement in circumstances amounting to Acts of God. An Act of God means any unusual and unforeseeable events beyond our control, including but not restricted to war, threat of war, civil strife, natural or nuclear disaster, fire, epidemics, terrorist activity, governmental action, acts of God.

Holidaymakers and Mulberry Cottages shall only be able to rely on Acts of God after taking all practical steps to remedy the cause of Acts of God.

Brochure Details

We make every effort to ensure that the information provided by the owners is presented accurately on our website, in our brochure and in any other promotional material we may use. However, details and prices may be subject to change and errors do occasionally occur, so you must check all the details and arrangements with us at the time of booking. Sometimes changes to services or facilities at a property may occur after the booking has been made and in this instance we will let you know as soon as possible. Unfortunately we cannot accept responsibility for any inaccurate or misleading information given regarding the property or its facilities.

Liability

Both the owner and Mulberry Cottages shall have no liability for any death or personal injury unless this results from the negligence of Mulberry Cottages or its employees (providing they were at the time acting in the course of their employment) or, in the case of the owner, it results from the owner or their employees (providing they were at the time acting in the course of their employment). In addition, the owner accepts no responsibility for the safety of, or the loss or damage to the tenants’ possessions whilst on the owner’s property or land. Exception to this is if damage or loss is caused by negligence by Mulberry Cottages, Mulberry Cottages’ employees, the owner or the owner’s employees. As Mulberry Cottages only acts as an agent for the owner, it cannot be held liable for any omission of the owner or the owner’s employees. Mulberry Cottages cannot accept responsibility for any defect of a property as it is within the sole control of the owner.

Concierge & Experiences

The addition of Concierge Service or Experiences to a confirmed booking will require payment in full (100%). If at anytime you decide to cancel your Concierge Service or Experience then the following cancellation charges will apply: Outside of 8 weeks: 50% of each product booked Within 8 weeks: 100% of each product booked

When you book a Concierge Service or Experience through Mulberry Cottages and all subsidiaries of Mulberry Cottages Ltd. you enter into a contract with the Supplier, we act only as a booking agent for the Supplier. These conditions set out the basis of your contract with the Supplier. Both the owner and Mulberry Cottages shall have no liability for any death or personal injury as a result of an additional service sold as an add on via Mulberry Cottages unless this results from the negligence of Mulberry Cottages or its employees (providing they were at the time acting in the course of their employment) or, in the case of the owner, it results from the owner or their employees (providing they were at the time acting in the course of their employment).

Only Mulberry Cottages certified suppliers are entitled to provide a service to you during your stay. For additional services please contact the Concierge Team. No uncertified Supplier is legally entitled to enter onto the grounds of a property, without prior arrangement, booked through Mulberry Cottages. The guests are responsible for their own safety with regards to including but not exclusively - hot tub usage, activities, rides, excursions - guidelines will be provided where appropriate. The contract between you and the Supplier and Mulberry Cottages is governed by English Law. Any dispute you have with us or the supplier shall be dealt with in an English or Welsh Court of Law. Your statutory rights are not affected by anything contained within these booking conditions. Our guests and Suppliers are required to abide by the law of the land at all times during their stay.

Mulberry Cottages will supply you with the contact details for each supplier and a copy of their public liability insurance document. In the case of an emergency or you are dissatisfied with the service or product delivered please contact the supplier directly.

Access and Parking

If car parking is limited we will indicate this on our website where possible. As access to many rural properties is down a farm track it may be unsuitable for low slung vehicles. If you have particular queries regarding this please do not hesitate to ask a member of staff.

Satellite Television, Internet and Mobile Phones

If a property has satellite television this will be indicated in the property details, but the number of channels available will depend upon the subscription taken out by the owner. Please also note that some rural locations do not have mobile phone coverage. If this is important to you please ask at the time of booking. Please note, that internet connections in rural areas may not be fully reliable.

Booking cancellation / change of booking

If you have to cancel your holiday we need to be notified by telephone immediately and also in writing. This can only be accepted from the party leader. The amount you are liable for is set out below and depends on when you cancel:

Number of days before holiday start that notice is received date

Cancellation charges of total rental

More than 8 weeks 30% Less than 8 weeks 100%

If you do not pay the amount due in relation to your booking by the due date we will assume that you wish to cancel the booking, in which case we will be entitled to keep all of the deposit already paid. If we do not cancel straight away because you have promised to make payment, you will be liable for cancellation charges of the total rental as per the table provided, depending on the date Mulberry Cottages treats your booking as cancelled. We would strongly advise you to take out cancellation insurance to avoid losing your monies if you do have to cancel your holiday. Any agreed amendments or changes to the booking prior to 8 weeks of arrival, an administration charge of £50 including VAT will be levied.

The Property

You may arrive at the property any time after 3.00pm (unless otherwise stated) but if you will be arriving after 8.00pm please let us know so that arrangements can be made for collecting a key, etc. At the end of your holiday you should depart by 10.00am (unless otherwise stated). If you do not arrive at your holiday destination by 12 noon of the day following your intended arrival, and neither we nor the owner has heard from you, your holiday will be treated as cancelled.

Whilst you are staying in the property it is you and your parties’ responsibility, to keep the property clean and tidy and to leave it in this condition at the end of your holiday. We appreciate the need for you to have an enjoyable time whilst on your holiday; however, we would also ask you to respect the holiday cottage and its neighbours and not disturb or cause offence in any way. You must allow us, or the owner, or their employees access to the property during reasonable hours, except where an emergency problem needs to be remedied immediately and you are out of contact, in which case, they may enter the property without your prior agreement. Pets may not be taken to the property unless they have been booked-in with us and confirmed in writing to you. The property cannot be used for any commercial purposes, nor sublet or assigned to anyone not accepted by us as a party member.

Linen and towels, but not towels for external use, are provided in all properties. Linen is changed between tenancies and weekly during tenancies (unless otherwise agreed). Cleaning is dependent upon length of stay and for further details please ask at time of booking.

The owner is entitled not to let you into their property if he or she feels for any reason that you or any member of your party are likely to cause any damage to it and is under no obligation to find alternative accommodation for you or your party. You may not allow anyone to stay in the property not included in the booking confirmation, nor may you change the composition of the party radically without notifying us. If you breach any of these rules, the owner is entitled to refuse you entry, in which case the holiday will be treated as cancelled, with no refund due and the owner is not liable to provide you with alternative accommodation.

Swimming Pools & Hot Tubs

Please note that outdoor swimming pools are open from the 1st May until 15th September, unless stated otherwise. Please note that some swimming pools are not fenced in and it is the responsibility of the holidaymaker to keep all party guests safe. Swimming pools may not be used between the hours of 11pm and 9am (unless otherwise stated). Day guests are not permitted to use pool facilities without prior consent from the owner.

The guests are responsible for their own safety with regards to hot tub usage and guidelines will be provided where appropriate.

Music

Loud music is not permitted between 11pm and 9am within the grounds of the rental property (unless otherwise stated).

Personal Safety

Please note that some properties have ponds or tree houses and it is the responsibility of the holidaymaker to keep all guests in their party safe at all times, in all properties. We also have cottages on working farms where there are hay and silage bales, these are out of bounds.

Special Occasions

No party, event or gathering may take place at the property which exceeds the maximum agreed occupancy numbers for the property without prior consent. It is also not permitted for any commercial enterprise or supplier of leisure activities to visit the property during your stay without the owner’s consent e.g. a caterer, magician etc. Failure to adhere to this clause may result in additional charges. It is also not permitted for any alcohol to be sold on the premises without permission. Should any of these terms be breached the owner has the right to repossess the property without any compensation or refund due to you or your party.

Accessibility Requirements

If you have any accessibility requirements, such as reduced mobility, please let our staff know at the time of booking so they can advise you on suitable properties.

Losses and Damages

Losses or damages incurred by any member of your party during your holiday must be paid for. Before you arrive, the property will have been thoroughly cleaned and checked. If you find any discrepancies with the state of the property please notify the owner as soon as possible and certainly within 24 hours. Any losses or damages caused after this will be your responsibility and it may be worth checking with your own insurance company whether they will cover you in these circumstances. If a loss or damage does occur to the property while you are staying there, please inform the owner as soon as possible to agree the level of charges to be paid. Charges will be deducted from your security deposit.

Smoking

Please note that in accordance with current legislation, smoking is not permitted at any of our properties.

Complaints

All complaints must be notified to the owner or his representatives immediately, so that on-the-spot investigation can be made if necessary and remedial action taken if required. Under no circumstances will compensation be made for complaints raised after the holiday period has ended, or when the holidaymaker has denied us or the owner the opportunity of investigating the complaint and endeavouring to put matters right during the holiday period.

If you are unable to make contact with the owner, or are unhappy with the response he gives, then you should contact us on 01227 464958. If you are still dissatisfied with the way the problem has been handled, you must put your complaint in writing to us within 30 days of the end of your holiday. Without prejudice, upon receipt of complaints from a holidaymaker The Agent (in its absolute discretion)may liaise between Holiday maker and the Property Owner in an attempt to resolve the outstanding complaint.

In the case of a dispute we will endeavour to resolve any issue as a goodwill gesture, but would remind you that any issue arising is a matter between you and the owner. Mulberry Cottages can only facilitate in helping to reach an agreement and it may be necessary for us to remove ourselves from ongoing discussions to allow you to reach a conclusion with the Owner directly.

Communication

In order to process your booking, we will need certain information from you about you and your party. Some of this will need to be passed on to other personnel involved with your holiday, such as the owner or the credit card company. It may also be used for administration purposes within Mulberry Cottages. We may use names, addresses and email addresses for sending you future promotional or marketing literature. We can guarantee that

any information will remain confidential and is protected under the Data Protection Act 1998, all personal and other information and details collected by the agent in the course of the business belong to the Agent and will not be disclosed, with exception of the Property Owner and their representatives. You are entitled to ask us how we are using your details. We undertake to reply to any such requests in writing within 40 days and a fee will be charged for this. In some circumstances we may refuse such a request.

Law

The contract between you and the owner and Mulberry Cottages is governed by English Law. Any dispute you have with us or the owners shall be dealt with in an English or Welsh Court of Law. Your statutory rights are not affected by anything contained within these booking conditions. Our guests and Owners are required to abide by the law of the land at all times during their stay.

Questionnaire We would be grateful if you would complete our questionnaire at the end of your holiday. This feedback is invaluable to us and our owners in order to keep improving on our standards and those of our guests.