Terms and Conditions
1 Interpretation
“Agreement” means these Conditions of Hire. Your booking provider may impose their own conditions and terms, which should be treated alongside and in addition to these Conditions of Hire, where applicable.
“Tregoyd Estate” means Tregoyd Estate LLP as registered at Companies House under Registered Number 15107975 and whose registered office is Maes-y-Garn, Tregoyd, Hay-on-Wye HR35QE.
The “Property” means the areas designated for hire of either of the following as applicable (i) Blaen-y-Cwm (Blaencwm), Tregoyd, Hay-on-Wye, LD30SR or (ii) Pen-y-Cwm (Pencwm), Tregoyd, Hay-on-Wye, LD30SR
“Reservation” means the dates requested by you to stay at The Property and accepted by Tregoyd Estate or their booking partners.
“Holding Deposit” means 30% of the full charge of your Reservation.
“Balance” means the remaining 70% after the Holding Deposit has been paid.
The “Client” means the individual (or company) hiring the Property. The Client is contractually bound by the clauses contained in this Agreement. The Client is responsible for all other members of their party that are staying at the Property.
“Booking Partners” include Airbnb, Travel Chapter, Holidaycottages.co.uk and any other partners or subsidiaries that Tregoyd Estate choose to market the Property to.
“Invoice” means any request for payment from Tregoyd Estate or their Booking Partners.
2 Bookings Confirmation & Payment
Provisional Reservations will be held for a maximum of 48 hours from the initial contact, provided Tregoyd Estate has agreed to hold the provisional dates for the Client.
Booking online: the Reservation becomes binding upon the Holding Deposit being received by Tregoyd Estate in cleared funds from the Client. The Holding Deposit is non-refundable and non-transferable. Payment of the Holding Deposit shall be deemed to be confirmation of acceptance of the Agreement.
Booking in any other manner than online: upon confirmation of a request to make a Reservation Tregoyd Estate will issue the Client with (i) a booking form and (ii) an invoice for the Holding Deposit. The booking form must be signed and returned along with the Holding Deposit in cleared funds within 7 days of the date of the Holding Deposit invoice. The Holding Deposit is non-refundable and non-transferable. The booking form becomes binding when it is returned signed to Tregoyd Estate and it is then accepted by Tregoyd Estate (although this acceptance need not be in writing).
An invoice for the remaining Balance will be issued 10 weeks prior to the Reservation start date (or immediately with the Holding Deposit invoice if less than 10 weeks) and must be paid within 7 days. In the event that the Balance is not paid within the allotted time frame, the Reservation will be cancelled, and no refund for the Holding Deposit will be offered.
3 Cancellation
By the Client: In the event that the Client for whatever reason cancels a confirmed Reservation, both the Holding Deposit and the Balance (if paid and within 10 weeks of the Reservation start date) remain non-refundable. If at the time of cancellation the Reservation start date is over 8 weeks in advance, the Client will be offered to move their Reservation to alternative available dates.
By Tregoyd Estate: Tregoyd Estate reserves the right to cancel a Reservation. In such event the full Holding Deposit and Balance (if paid) shall be refunded to the Client.
4 Use of Property
The Client agrees and undertakes as follows:
Not to use the Property other than for the purpose of holiday accommodation
To ensure that good order of the accommodation and its interiors (including all fittings and fixtures) is kept whilst on the Property and at time of exit, and to ensure that no activity is carried out that shall cause nuisance or annoyance or is not inconsistent with the authorised use as holiday accommodation.
To take all reasonable care of the Property and contents therein and to indemnify Tregoyd Estate for the cost of making good all damage and loss or theft caused to the Property and any contents therein (including the replacement cost if Tregoyd Estate reasonably believes is appropriate).
To ensure that all items brought onto the Property during the period of hire are removed from the Property on expiration of the Reservation so that the Property is vacated and left in a clean and orderly state. Any items left in the Property after the event shall be dealt with as Tregoyd Estate acting reasonably sees fit.
Tregoyd Estate shall be responsible for the removal of 1x black bagged domestic kitchen refuse and 1x coloured plastic box of each recyclable wastes at the end of the Reservation, provided it is left in a tidy and appropriate manner in the designated area in the Property. Tregoyd Estate reserves the right to charge the Client for removal of additional refuse or recycling.
Not to permit any activity which may render an increased premium payable for insurance of the Property or any part thereof or to carry out any activity that may void any such policy of insurance.
Not to leave children unattended.
Not to fire a gun or let off a firework without the prior consent of Tregoyd Estate.
To indemnify Tregoyd Estate against all costs, expenses, actions, claims, demands and liability arising from any non-compliance with the terms and obligations of this Agreement.
5. Wi-Fi Access Terms and Conditions & Internet Acceptable Use policy
This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided to the Client of a Property at Tregoyd Estate. The Client must ensure all members of their party (the “Users”) are aware of and follow the terms included in this section (section 5).
Tregoyd Estate is only responsible for the provision of the connection. The Users maintain responsibility for their safety online, such as installing a personal firewall and up-to-date antivirus software on their devices before using the connection.
Extent of the Service
a.Tregoyd Estate do not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and the use of Internet Services is carried out entirely at the Users own risk.
b. Tregoyd Estate has no responsibility for, or control over, the Internet Services the Users access and do not guarantee that any services are error or virus free.
c. Tregoyd Estate has no responsibility for, or control over, the information the Users transmit or receive via the Service.
d. Save for the purposes of network diagnostics, Tregoyd Estate does not examine the use to which the Users put the Service or the nature of the information sent or received.
e. Tregoyd Estate does not guarantee:
i. the availability of the Service;
ii. the speed at which information may be transmitted or received via the Service; or
iii. that the Service will be compatible with the Users equipment or any software.
f. Whilst Tregoyd Estate takes reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, they do not guarantee the security of the information which the Users may transmit or receive using the Service or located on any equipment utilising the Service. The Users accept that it is their responsibility to protect their information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of their information and data.
g. Tregoyd Estate reserves the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
Use of the Service
The Users must not use the Service to access Internet Services, or send or receive emails, which:
i. are defamatory, threatening, intimidating or which could be classed as harassment;
ii. contain obscene, profane or abusive language or material;
iii. contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
iv. contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
v. contain material which infringe third party’s rights (including intellectual property rights);
vi. in our reasonable opinion may adversely affect the manner in which we carry out our business; or
vii. are otherwise unlawful or inappropriate;
b. Music, video, pictures, text and other content on the internet are copyright works and the Users should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by said User.
c. Tregoyd Estate may terminate or temporarily suspend the Service if we reasonably believe that the Users are in breach of any provisions of this agreement including but not limited to clauses 5.3 a to c above.
d. Tregoyd Estate recommends that the Users do not use the service to transmit or receive any confidential information or data and should they choose to do so they do so at your own risk.
e. The Service is intended for consumer use only. In the event that the Users use the Service for commercial purposes we would specifically refer you to clause 5.7b below.
Criminal Activity
The Users must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
b. The Users agree and acknowledge that Tregoyd Estate may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
c. The Users agree and acknowledge that Tregoyd Estate may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
d. The Users further agree Tregoyd Estate is entitled to cooperate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 5.4c or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
Broadband Contract
Tregoyd Estate’s contract is with either Starlink, BT or Utility Warehouse.
Child and Young Person’s Use
Clients who wish to allow children and young people access to the Service (as Users) should supervise such access and use. By allowing access to the Service the Client is allowing access to all of the Services, including the web, email, social media, chat areas, news groups, forums and/or other message or communication facilities. It is therefore the Clients responsibility to determine which Services are appropriate.
Other Terms
The Users agree to compensate Tregoyd Estate fully for any claims or legal action made or threatened against them by someone else because the User/s have used the service in breach of these terms and conditions, and in particular clause 5.3 a to c and 5.4 a above.
b. Whilst Tregoyd Estate does not seek to limit their responsibility for fraudulent misrepresentation or if the User/s are injured or dies as a result of our negligence Tregoyd Estate has no responsibility (to the extent permitted by law) to compensate the User/s (whether or not Tregoyd Estate is negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not Tregoyd Estate were advised in advance of the possibility of such loss or damage. Tregoyd Estate agrees that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
c. This agreement is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English and Welsh courts.
6. Occupancy and Pets
Occupancy
a.The Client agrees not to allow more than the specified maximum number of residential guests to stay overnight.
b.Tregoyd Estate must be notified of any additional guests staying over and above the number specified when making the Reservation.
Dogs
a.A maximum of two dogs are allowed inside the Property provided that they remain in the uncarpeted parts at all times. If there is a breach of this term the Client agrees to pay the cleaning charges for all applicable areas of the house.
b.Dogs must be kept on a lead; we do not guarantee the property fences and walls to be secure. You will be responsible for your dog at all times.
7. Smoking
Smoking is not permitted inside the Property.
8. Cancellation/Interruption of Services - Unforeseen Circumstances (Force Majeure)
Tregoyd Estate shall use their reasonable endeavours to provide facilities referred to in this Agreement, but they shall not be liable for any loss or damage or inconvenience whatsoever occasioned by any interruption in or failure to provide any such services or facilities due to causes beyond their control (including without limitation pandemic, 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 or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).
Cancellation Insurance is strongly advised.
9. Limitation of Liability
With the exception of death or personal injury caused by Tregoyd Estate’s negligence, Tregoyd Estate’s liability shall be limited to the full charge under this Agreement
Tregoyd Estate shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
Each of the parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
10. Bond
Tregoyd Estate requires a bond of £300 to be held for the duration of the Reservation.
For bookings made via their website, the bond will be secured by means of an authorised credit card for the full amount. The bond shall be taken before arrival, and returned in full pending the result of the full inventory report which shall be completed 24 hours from the departure time.
For Reservations made via any other means other than online, the bond will be secured by means of a transfer to the Tregoyd Estate bank account. The bond shall be paid before arrival, and will be returned in full pending the result of the full inventory report which shall be completed 24 hours from the departure time.
Reservations made online via alternative Booking Partners will be subject to their own terms or insurance, and a bond payment will not be requested in addition.
11. Other
Any variations to the Agreement shall only be valid if they are signed by both parties (unless otherwise specified in these terms and conditions).
The Client cannot assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of Tregoyd Estate.
This Agreement contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
12. Notices of Cancellation
Any notices to be given under this Agreement shall be given to Tregoyd Estate’s registered office only, by post or by email. Notices sent by post shall be deemed to have been received two working days after the day of posting (in the case of inland first class mail), or immediately in the case of email or hand delivery.
13. Jurisdiction
These terms and conditions and the contract shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English or Welsh Courts.