Booking Terms and Conditions

Your contract is with Hall Farm Conservation (referred to as “we” or “us” or Thorganby Hall) for the properties known as Marris Barn, Marris Cottage, Marris House, Beach Cottage, Little Walk Cottage, Top Lodge or Stable Wing  (“the property”).  References to “you” or “your” are references to the person making the booking (the lead booker) and all members of the holiday party (subject to maximum occupancy and other terms of use).

These Booking Conditions form the basis of your contract with us so please read them carefully.  Nothing in these Booking Conditions affects your normal statutory rights.

Please note:  All bookings are subject to the conditions attached and must be accompanied by the appropriate deposit unless the booking is made within 12 weeks of the commencement of the let when the total rental should be paid, together with the security deposit if applicable (Marris Barn only requires a security deposit).

1. Making your booking

All bookings made through SupercControl are provisional until confirmed by us. We will not accept any bookings by persons under 25 years of age.

When you book the Property with us you should return the completed Booking Form to us together with your payment for the Initial Deposit.  Please note that the Initial Deposit is only refundable if you cancel your booking within seven days of receiving our written confirmation of your booking. (eg Non-Refundable).

Your booking is made as a consumer for the purpose of a holiday and you acknowledge that no liability can be accepted for any business losses howsoever suffered or incurred by you.

Once the completed Booking Form and the Initial Deposit have been received and accepted by us, we will issue you with our written confirmation.  The contract between us will only be formed when we send you our written confirmation and is subject to these terms and conditions.  We reserve the right to refuse any booking prior to the issue of our written confirmation.  If we do this we will promptly refund any money you have paid to us.

You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.

Art and Mindfulness Retreats:

The refundable booking deposit ensures your place on the Retreat.  We do reserve the right to contact you, if for any reason numbers are not sufficient to run the Retreats, in which case we will try our hardest to offer you an alternative date. In the unlikely event of this being unsuccessful we will return your booking deposit.  It is advisable to take out travel insurance on confirmation of your place.

2. Paying for your booking

You are required to send to us your payment for the balance of the Rental (and the Security Deposit) at least twelve weeks prior to the Arrival Date as set out in our written confirmation.  If you fail to make a payment due to us in full and on time we may treat your booking as cancelled by you.

3. If you cancel or amend your booking

Bookings placed after 8th August 2020 and before the 8th January 2021 are covered under a different set of Terms and Conditions and are available by emailing emma@thorganbyhall.co.uk if these apply to your booking.

For Bookings placed after 16th February these new Terms and Conditions apply to cancellations.

a/ If your booking has to be cancelled because Thorganby Hall 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 Thorganby Hall 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: (i) acts of God, flood, drought, earthquake or other natural disaster;  (ii) 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; (iii) nuclear, chemical or biological contamination or sonic boom; (iv) 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; (v) collapse of buildings, fire, explosion or accident; (vi) non-performance by our suppliers or contractors; and (vii) 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 Thorganby Hall for any reason.
This includes – but is not limited to – illness (including Covid), 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 Thorganby Hall by phone and email and once received in writing we will confirm the cancellation request.

f/ Thorganby Hall will apply the scale shown in the table below to bookings that include Marris Barn 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*

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

g) Thorganby Hall will apply the scale in the table below to bookings that include Marris Cottage, Little Walk Cottage and Beach Cottage 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*

Percentage of total booking value payable by the Customer
More than 60 days 5% of the booking cost
     30 – 60 days 50% of the booking cost
     3 – 30 days 75% of the booking cost
     0 – 2 days 100% of the booking cost

*In order to ensure speedy receipt, and thereby processing, of cancellations, Thorganby Hall recommends 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 Thorganby Hall. Any amounts due for refunding will be made within 14 Days.

h/ On receipt of the cancellation, the above Charts state the amount that the Customer remains liable for at that point in time. Thorganby Hall will then use reasonable endeavours to obtain a replacement booking. In the event that Thorganby Hall is successful in obtaining a replacement booking, Thorganby Hall 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 re-let for £900, means that the original Customer will be refunded as follows, £1000 – 5% booking fee equals £950, – £100 rebooking shortfall, = Refund of £850.

i/ It is the responsibility of the Customer to acquire suitable travel insurance for themselves and their party to cover the booking. Thorganby Hall 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. Your accommodation

You can arrive at your accommodation after 16:00 hours on the Arrival Date of your holiday and you must leave by 10:00 hours on the Departure Date.

If your arrival will be delayed, you must contact the person whose details are given on our booking confirmation so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the booking as having been cancelled by you

5. Activities and facilities (Marris Barn guests only)

We reserve the right to alter or withdraw amenities or facilities or any activities without prior notice where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond our control.

Under normal circumstances the Sauna, Swimming Pool and Hot Tub are available for guest’s use.  We have a regular routine for their hygiene and cleanliness as per the manufacturers and retailers instructions.  However we cannot take responsibility for any adverse or allergic skin reactions which can occur when using facilities such as the Hot Tub.

You need to alert us if either the Pool or Hot Tub show any sign of cloudiness or discolouration.  This tends to occur when there has been extensive use of these facilities and chlorine levels may need topping up more regularly than normal.

6. Your obligations

You agree to comply with the Regulations as set out in the property manual and any other regulations reasonably made from time to time and ensure that they are observed by all members of your party.

As owners of the property, we have the right to refuse to hand over accommodation to anyone who, in the reasonable opinion of the owner is not suitable to take charge of it. In such cases all hire charges paid will be refunded in full as quickly as reasonably practicable, the contract will be terminated and we will not have any further liability.

Please note that these properties are NO SMOKING properties.

We, also, reserve the right to terminate a holiday after the keys have been handed over, if the unreasonable behaviour of anyone in your party is likely to cause danger or significant annoyance to others or damage to the property. In these circumstances, no refund will be given. Please note that unreasonable behaviour specifically includes smoking by any member of your party.

You agree not to cause any damage to any part of the property and grounds and to keep all items belonging to the Property Owner clean and in good condition and not 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. Rubbish should be disposed of as explained in the instructions within the property. An excess cleaning charge will be applied should it be required.

You agree to repair, replace or pay for any items damaged through neglect, misuse or carelessness on the part of any guests or any visitors to the property. When damage occurs either by negligence or deliberate action of a guest, the guest agrees to indemnify the landlord against any associated losses, including lost income and the sourcing of alternate accommodation should that be required.

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.

You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

You cannot allow more people to stay in the Property than agreed with the owner, nor can you unreasonably change the makeup of the party during your stay in the Property. The penalty for over occupation is eviction without refund. You can take your pet into the Property once arranged and it will be shown on your confirmation with an extra £25 charge for cleaning purposes. There is a maximum of 2 pets allowed for Marris Barn and 1 pet per cottage.

Pets

No pets are allowed in the bedrooms and bathrooms or in the upstairs of the property. We provide two kennels at Marris Barn and would not expect pets to be left unattended in the house. We can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.

Access

You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs.

Children

Please ensure that a responsible adult is in each property – children should not use machinery, cook, and swim or use the sauna and hot tub without an accompanying adult.

Vehicles

Your vehicles, their accessories and contents are left entirely at your own risk. The property owner is not responsible for any loss or damage from or to any vehicle from any cause whatsoever.

THIRD PARTY SUPPLIERS (chefs etc)

a/ If you want to use the services of a third-party supplier whilst staying at Thorganby Hall you must ask and receive written permission to do so. This may be for a chef, beauty treatments, (Thorganby Hall has a pre-authorised list of private chefs and beauty treatments), bouncy castle hire, magicians, opera singers, swimming teachers, baby-sitters etc.

b/ Thorganby Hall would need to see the third-party supplier’s public liability insurance, and any other related/required certification. Thorganby Hall will then seek approval from Thorganby Hall’s insurers to allow the third-party activity to take place.

c/ If all insurances and certification are satisfactory to Thorganby Hall and our insurers, permission to invite these suppliers to Thorganby Hall will not be unreasonably withheld.

d/ Thorganby Hall does not accept liability for the activities of these third-party suppliers.

PERIOD OF HIRE

You should not arrive before 4pm on the commencement date, and leave by 10am 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 and/or business let 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.

DRONES, NIGHT LANTERNS AND FIREWORKS

The use of drones is not allowed without our express written permission. Fireworks are not allowed without our express written permission. Night Lanterns are expressly forbidden.

Wi-Fi Access

This agreement sets out the terms and conditions on which wireless internet access (“the Service :’) is provided free of charge to you, a guest at a property run by Hall Farm Conservation

In consideration for your custom, your agreement to these terms and conditions and your agreement to allow us to send to you   promotional and marketing material;

  1. Extent of the Service

1.1 We do not recommend in particular the use of any websites (or other internet related Services) (“lnternet Services”) and your use of lnternet Services is carried out entirely at your own risk.

1.2 We have no responsibility for, or control over, the lnternet Services you access and do not guarantee that any services are error or virus free’

1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.

1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the service or the nature of the information you send or receive.2

1.5 We do not guarantee:

1.5.1 The availability of the Service;

1.5.2 The speed at which information may be transmitted or received via the Service; or

1.5.3 That the Service will be compatible with your equipment or any software which you use.

1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service  we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment in place to ensure the security, integrity and confidentiality of your information and data.

1.7 We reserve 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

  1. Your Use of the Service

2.1 you must not use the Service to access lnternet Services, or send or receive e-mails, which:

2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;

2.1.2 Contain obscene, profane or abusive language or material;

2.1.3 Contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

2.1.4 Contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

2.1.5 Contain material which infringe third party’s rights (including intellectual property rights);

2.1.6 In our reasonable opinion may adversely affect the manner in which we carry out our business; or

2.1.7 is otherwise unlawful or inappropriate;

Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.

We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.

We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.

The Service is intended for consumer use only. ln the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.

Criminal Activity with Wi-Fi Access

You 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.

You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

You agree and acknowledge that we may keep a log of the lnternet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that lP address

You further agree we are entitled to co-operate 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 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

Our Use of your Information

Please refer to our privacy policy on our website.

Other Terms

3.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1.1 to 2.1.7 above.

3.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are 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 we were advised in advance of the possibility of such loss or damage.

3.3 We agree that 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 that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

3.4 This agreement is governed by the law of England and Wales and is subject to the non- exclusive jurisdiction of the English courts.

7. Complaints

Every effort has been made to ensure that you have an enjoyable and memorable holiday or longer stay. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.

It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence.

If any complaint cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of it.

8. Our Liability

We are responsible for making your booking in line with your instructions, and are not responsible for any information about the accommodation that we pass on to you in good faith.

However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the booking  (or the appropriate proportion of this if not everyone on the booking is affected).

This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9. Law

The contract between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of England and Wales.

I have read and accepted the Terms and Conditions and I warrant that I am over 25 years of age and accept that my booking is for the holiday period or longer business stay stated.