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1. General

1.1 The Llanfendigaid Estate Ltd (“the Property Operator”) with its staff (“Agents”), operates five holiday accommodation units at Llanfendigaid, Tywyn, Gwynedd known as “Llanfendigaid”, “Stable Cottage”, “The Cow Shed”, “Dove Cottage” and “The Pod”. The person named in the holiday confirmation issued by the Property Operator (“the Holidaymaker”) agrees to enter into a contract with the Property Operator on the following terms and conditions for the rental of one or more of those units. If the Holidaymaker is acting as agent on behalf of a third party, the Holidaymaker warrants that the third party will abide by these terms and conditions as if the third party had signed them and agrees that the Holidaymaker is liable for any breaches by the third party in these terms and conditions.

1.2 The Property Operator enters into a binding contract with the Holidaymaker when the Property Operator issues the Booking Confirmation Note.

1.3 The Holidaymaker is responsible for the payment of the price of the holiday irrespective of the number of people in their party and for ensuring that all members of his/her party comply with all of these conditions. The Holidaymaker must be aged 18 or over at the time when the Booking Confirmation Note is issued by the Property Operator.

2. Payment

2.1 Bookings must be accompanied by the appropriate deposit which includes a non-refundable Booking Fee of 5% of the total cost of the booking (the deposit is shown in the Llanfendigaid Supercontrol booking system). On receipt of the deposit and subject to The Property Operator being willing at his sole discretion to accept the booking, The Property Operator will issue the Booking Confirmation Note. The Property Operator shall not be deemed to have accepted a booking until the Booking Confirmation Note has been issued. If the Property Operator declines the booking, the deposit, including the Booking Fee, will be refunded to the Holidaymaker in full.

2.2 The balance (including the costs of rental and any extra chargeable items shown on the holiday Booking Confirmation Note) must be paid not later than eight weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Holidaymaker, in which case Condition 4.0 will apply. It is, however, the Property Operator’s practice to send at least one reminder before processing such cancellations.

2.3 If the Holidaymaker makes the booking less than eight weeks from its commencement the full cost of the holiday shall be payable at the time of booking.

2.4 All payments shall be made to the Property Operator.

3.0 Alterations or Cancellation by the Property Operator

3.1 In the unlikely event that, where a Holidaymaker is not in breach, it shall be necessary for the Property Operator to make an alteration or to cancel the holiday accommodation specified in the Booking Confirmation Note issued to the Holidaymaker, the Property Operator shall inform the Holidaymaker of such alteration and in the event of an alteration or cancellation which is stated in writing to be unacceptable by the Holidaymaker within 14 days of being notified by the Property Operator, the Property Operator shall make reasonable endeavours to arrange alternative holiday accommodation of a similar type and standard and in a similar location as that originally requested by the Holidaymaker (though the Property Operator reserves the right to charge the Holidaymaker any difference in price).

3.2 If the alternative holiday accommodation is not available or is not acceptable to the Holidaymaker, the Property Operator shall refund in full all the monies paid and shall not be under any other liability.

3.3 In the event that this agreement is frustrated by the imposition of a Government lockdown due to pandemic and Llanfendigaid is required to close as a result or if the Holidaymaker (the person who makes the booking) is unable to travel due to Government imposed local lockdown at the address provided on the booking form and wishes to cancel, then a full refund will be given. For the avoidance of doubt, this only applies to Llanfendigaid being closed and unavailable for use or a local lockdown coinciding with the date of the holiday at the Holidaymakers’ address on the Booking Confirmation Note and not to the Holidaymaker wishing to cancel due to becoming ill or being required to self-isolate or for any other reason, all of which are a matter for the Holidaymaker’s travel insurance for which suggested option are given in Clause 4.4.

 4.0 Cancellation by the Holidaymaker

4.1 Any cancellation by the Holidaymaker (for whatever reason) shall be in writing addressed to the Property Operator at the address stated at the top of the Booking Confirmation Note or via email to the email address on the Booking Confirmation Note. The effective date of cancellation is when written notification is received by the Property Operator or in the case of the Holidaymaker not arriving on the holiday start date, the holiday start date. Unless clause 3.3 above applies, a cancellation charge will be made based on the number of days notification of cancellation given by the lead booker to the Property Operator, and whether the cottage is re-let for the period of the cancelled stay. The Property Operator will apply the scale shown in the table below to determine the amount of the refund payable to you. If the cottage is not re-let, this will be a percentage of the total cost of the holiday. If the cottage is re-let, the amount refunded will be the rebooking value (which may be less than you paid) less the non-refundable administration fee of 5% of the original booking value. For the purposes of this Condition, the total cost of the holiday shall include any extra items ordered by the Holidaymaker..

4.2  All refunds will be subject to deduction of a non-refundable administration fee of 5% to cover our costs and third party costs related to the cancellation and re-marketing (these costs include our admin costs, re-marketing costs, bank fees, accounting fees and agency fees or commission payments).

Time from Cancellation to Arrival*Cottage not rebookedCottage rebooked
 We Refund to youWe Refund to you
   
> 56 daysDeposit less 5% of BVDeposit less 5% of BV
36-56 days60% of total costRebooking value less 5% of BV
29-35 days50% of total costRebooking value less 5% of BV
22-28 days40% of total costRebooking value less 5% of BV
15-21 days30% of total costRebooking value less 5% of BV
8-14 days20% of total costRebooking value less 5% of BV
0-7 days10% of total costRebooking value less 5% of BV

Where BV = original Booking Value including extras

*In order to ensure speedy receipt, and thereby processing, of cancellations, the Property Operator recommends that the Holidaymaker sends written notification of cancellation by the Post Office Special Delivery service or similar or by email requesting confirmed receipt.

4.4 Part Cancellations – If any person(s) in your party needs to cancel, this will not affect the total cost of your booking. In addition, no refunds are payable in the event that you cut short your stay.

4.5 Refunds for cancellations more than 6 weeks out will be made within 3 working days of the date of cancellation, which must be in writing (by email). Refunds for cancellations made less than 6 weeks out will be made within 3 working days of the earlier of the rebooking date, or the start date of the holiday (as the refund amount will depend on the rebooking value).

4.6 It is the responsibility of the Holidaymaker to acquire suitable travel insurance, including Cancellation and Curtailment Protection Insurance and the Property Operator recommends that the Holidaymaker acquires suitable insurance. There are several suitable options available from organization like Trailfinders (https://www.trailfinders.com/insurance#/step1 ), and Coverwise (https://www.coverwise.co.uk/Travel-Insurance/corona-virus.aspx) which include cover for COVID related cancellation or look at comparison sites like www.moneysupermarket.com or www.gocompare.com. The Property Owner has no connection to any of these and derives no income from them. 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.

5. Limitation of Liabilities

5.1 Nothing in these Conditions shall exclude or restrict any statutory rights which the Holidaymaker has against the Property Operator.

5.2 The Holidaymaker deals as a consumer and in no event shall the Property Operator or his Agents be liable for losses, cost or damages suffered or incurred by the Holidaymaker as a result of failure to perform or breach by the Property Operator of his obligations under this Agreement which are business losses including but not limited to economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.

6. Booking Conditions

Upon receipt of the holiday confirmation, please check the details to make sure they are correct. Any corrections can be made up to 7 days from receipt of confirmation, but cannot be rectified beyond that date. If after the booking has been accepted, the Holidaymaker requires the Property Operator to amend it in any way, or to re-invoice the Holidaymaker, the Property Operator reserves the right to charge an amendment fee of £25 per re-issued Booking Confirmation Note. The Property Operator reserves the right to treat a change of holiday dates which is made at the request of the Holidaymaker as a cancellation of one holiday and the booking of another, in which case Condition 4.0 will apply.

 7. Information in any Brochure or on any website

7.1 The information in the property descriptions in any brochures or websites controlled by the Property Operator was correct at the time of writing.

7.2 The Property Operator makes all reasonable efforts to portray the properties accurately in the web sites and the property descriptions. The Holidaymaker should be aware that differences between the photographs/illustrations/text used and the actual property may arise.

7.3 The Property Operator reserves the right to make modifications to the property specification that are considered necessary in the light of operating requirements. In the interest of continued improvement, the Property Operator reserves the right to alter or delete furniture, fittings, amenities, facilities, or any part of any activities, either advertised or previously available, without prior notice.

7.4 If material changes occur after the Holidaymakers booking is confirmed, the Property Operator will use reasonable endeavours to advise the Holidaymaker.

8. Number of People using the Holiday Accommodation

8.1 The number of people using the accommodation or the site shall not exceed the maximum number stated in the Booking Information Sheet for the relevant property without prior written agreement from the Property Operator. In the event that the maximum is exceeded without such agreement, the Property Operator reserves the right to refuse entry on arrival or revoke the booking (at his sole discretion). This would be treated as a cancellation by the Holidaymaker, and Condition 4.0 will apply.

9. Damage to Property

9.1 The Property Operator reserves the right to refuse to hand over the property where in the reasonable opinion of the Property Operator or his Agents it is likely that damage to the property will be caused by the Holidaymaker or any member of the Holidaymaker’s party.

9.2 The Property Operator reserves the right for him or his Agents to re-possess the property at any time where damage has been caused by the Holidaymaker or any member of the Holidaymaker’s party. If the Holidaymaker or any member of the Holiday Maker’s party are in breach of the any of the house rules or the pool rules which are displayed in the properties and pool respectively and may change without notice, that shall be considered sufficient grounds for a reasonable opinion that damage will be caused.

9.3 In the event of a reasonable refusal by the Property Operator or his Agents to hand over the property or repossession on the grounds set out in Conditions 9.1 and 9.2 above, the Property Operator shall not be liable to make a refund of any monies paid.

9.4 In the event of an unreasonable refusal by the Property Operator or his Agents to hand over the property, fair compensation shall be paid to the Holidaymaker.

10. Access

10.1 The Property Operator or his Agents shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy.

11. Dogs

11.1 Dogs are not allowed on the Estate or in any of the properties without prior written (emailed) permission by The Estate Owner. The Holidaymaker agrees that the Owner may levy a charge of £200 per dog per booking if dogs are brought without prior written permission. No other pets are allowed without prior permission. Dogs must always be properly controlled and supervised. We do not allow more than two dogs to stay at a property and all dogs must have been stated on your booking form and charged for accordingly. Dogs are not allowed to stay at either The Shepherd Hut or The Pod. Dogs must not be left alone or unsupervised at any time. Bedrooms, bathrooms and furniture are no-go areas for all dogs. Please bring your own dog basket / blanket for sleeping. It is your responsibility to clear up any mess caused by your dog (poo or dog hair). Special bins are available outside the properties for the disposal of dog waste. The Estate is surrounded by Livestock (sheep, cows, bulls, calves, etc.). No matter how well behaved your dog is, you can never guarantee that they won’t run off chasing after sheep on an off-lead walk. If a dog is of worry to a sheep, then dog owners face fines of up to £1,000 as well as a possible jail sentence (Dogs Protection of Livestock Act 1953). Therefore, please do keep your dog on a lead around any livestock regardless of the dog’s behaviour. We regret any inconvenience that this may cause, but without prior approval, the following breeds of dogs are not allowed at Llanfendigaid: Pit Bull Terriers, Japanese Tosa, Dogo Argentino, Fila Braziliero, Rottweilers, Staffordshire Bull Terriers, Bull Mastiffs, English Bull Terriers and Japanese Akitas.

12. Swimming Pool

The swimming pool is indoor, heated  and is for the sole use of Llanfendigaid Estate guests (not their guests or visitors). There is no lifeguard, therefore all persons using the pool do so at their own risk. Children (under the age of 16) must be accompanied by an adult swimmer and parents/guardians must accept full responsibility for their safety. Every care must be taken when around or using the pool. Please note that it is dangerous to be in the water with the pool cover on or partially on. Do not swim if you are feeling unwell. Please shower before entering the pool. Please observe the pool swim times (7am to 9pm). Infants must wear close fitting neoprene protective swimwear or suitable nappy. Do not consume food immediately before swimming. Food and drink are not permitted to be consumed in the pool building. Do not take any glass items to the pool area. Do not swim under the influence of alcohol or drugs. Do not swim if you have prior health problems that could result in you being in danger from being in the water. No diving, running, bombing, or jumping from the poolside. Swimmers must provide their own towels. Sickness or faecal accidents must be reported immediately. Personal property left at poolside is at owner’s own risk. Guests should be aware that CCTV is in use across the estate for the safety of the guests. The door must be closed, locked and the key place in the key safe after leaving the pool area. Refunds are not payable if the swimming pool is not accessible for any reason.

13. Arrival and Departure

13.1 The holiday accommodation can not be occupied until after 4pm unless otherwise agreed on the holiday start date and must be vacated before 10am on the last day. If the Holidaymaker’s arrival is delayed, the Holidaymaker must advise the Property Operator so that suitable arrangements can be made for entry to the holiday accommodation.

13.2 Special conditions such as pandemic may occur from time to time which may require and later arrival and/or earlier departure to permit a higher level of cleaning and if those conditions apply, the Property Operator will notify the Holidaymaker of the revised arrival and departure times.

13.3 If the Holidaymaker is unable to arrive at the holiday accommodation by midday on the day following the holiday start date and fails in those circumstances to advise the Property Operator or his Agents, it will constitute cancellation by the Holidaymaker, in which case Condition 4.0 shall apply.

14. Holidaymaker’s Responsibilities

The Holidaymaker shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair and condition as at the commencement of the holiday, and shall leave the holiday accommodation and all equipment and utensils clean and tidy. In the event that the property is not left in the same state of repair and condition as at the commencement of the holiday in the sole opinion of the Property Operator or his Agents, the Property Operator shall have the right to invoice the Holidaymaker the cost of any and all cleaning and repairs or replacements required to return the property to the same state of repair and condition that it was in at the commencement of the holiday and the Holidaymaker hereby agrees to pay such invoice. The Holidaymaker shall be liable to the Property Operator for any loss, costs, expenses or claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act or omission of the Holidaymaker or of any person in his/her party. If, as a result of such damage, the property or any of its contents need to be repaired or any of its contents need to be replaced then the Holidaymaker shall be responsible to the Property Operator for paying the reasonable costs of doing so.

15. Third Party Services

If you wish to engage any third party to perform any service (including by way of example private catering, beauty therapy, childminding or entertainment services) at the site or the Cottage you must obtain our written permission whether or not we have provided you with the contact details of such service providers. Such permission should be requested in advance of your stay with details of the entity you intend to use to perform the service, the service to be performed and details of their public and employer’s liability insurance. Consent will only be given where we and our insurers are happy that the appropriate risks have been covered. The use of candles or fireworks is not permitted in any circumstances.

16. Complaints

In the unlikely event that the Holidaymaker is disappointed with the holiday accommodation, the Holidaymaker should first contact the Property Operator or his Agents who will use reasonable endeavours to solve the problem. If after that the Holidaymaker still feels that the problem has not been resolved to his/her reasonable satisfaction then the Holidaymaker must, within 7 days of returning from holiday, put his/her comments in writing to the Property Operator. In the event of the Property Operator being unable to resolve any complaint that might arise regarding the standard of the property, the Property Operator reserves the right to refer the complaint to VisitWales and to arrange for an independent inspection of the property to be carried out by Visit Wales inspector (at the cost of the Holidaymaker) whose findings shall be binding on the Property Operator. Nothing contained in this Condition shall affect the right of the Holidaymaker to bring any proceedings to resolve his/her complaint.

17. Death or Personal Injury

Neither the Property Operator nor his Agents shall be responsible for the death or personal injury to the Holidaymaker or any member of the Holidaymaker’s party save insofar as this results from the proven negligence of themselves or their employees.

18. Privacy Notice

Please review the Privacy Policy of The Llanfendigaid Estate as detailed on this website under Terms and Conditions. The Estate is also a member of Premier Cottages Limited, a professional collective of independent luxury cottage owners. Premier Cottages promotes the Property Operator’s properties on his behalf as well as other luxury cottages. As a member of Premier Cottages the Property Operator would like to give them your information so that they can contact you about quality properties that you might like. You may unsubscribe from this service at any time as detailed in our Privacy & Cookie Policy.

19. Force Majeure

19.1 The Property Operator shall not be liable for any loss, breach or delay due to any cause beyond the Property Operator’s reasonable control including though not limited to Act of God, Explosion, Tempest, Fire or Accident, War or Threat of War, Sabotage, Pandemic, Insurrection, Civil Disturbance or Requisition, Acts, Restrictions, Bye-laws, Prohibitions or Measures of any kind on the part of any governmental, parliamentary or local authority, Embargoes, Strikes, Lock-outs, or other Industrial Actions or Disputes. Under any such case the Property Operator shall be entitled to treat the contract as discharged.

19.2 In the event of such discharge, the Property Operator’s liability shall be limited to the return to the Holidaymaker of sums paid to the Property Operator by the Holidaymaker less an administrative charge of £25 to cover the Property Operator’s reasonable expenses.

20. Law

20.1 English law shall apply to all contractual obligations arising out of these Booking Conditions, which shall be deemed to have come into existence in Llanfendigaid, Tywyn, Gwynedd, United Kingdom.

20.2 The contractual obligations referred to in 17.1 above shall be subject to the jurisdiction of either of the courts of England, or Wales unless one or more of the parties to this contract is resident outside England and Wales at the date the contractual obligations are entered in to, in which case Welsh courts shall have exclusive jurisdiction.

20.3 No failure, delay or indulgence on the part of either party to this contract in exercising any power or right under this contract shall operate as a waiver of such power or right.

20.4 No single or partial exercise of any power or right by either party to this contract shall preclude any other or further exercise thereof or the exercise of any other such power or right under this contract.

20.5 If any of the Conditions in this contract shall be held by a court of competent jurisdiction to be invalid or voidable such provision shall be struck out and the remainder thereof shall stand in full force and effect.

21. Headings

These Conditions shall be read and considered without reference to their Condition headings which are included for convenience only.

22. Previous Booking Terms and Conditions

These Terms and Conditions supersede all previous versions. These Terms & Conditions are valid from 27th October 2022 until replaced.

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