Covid-19 Update - We are now closed due to COVID-19 until the current restrictions are relaxed. If you have already booked, we will write to you. If you would like to book from September 2020 onwards, please do so but please select payment by bank transfer, not credit card, and do not actually make any payment yet. Thank you.
Conditions of Hire
Conditions of Hire
1.1 William Garton-Jones (“the Property Owner”) owns and with his staff (“Agents”), operates four holiday accommodation units at Llanfendigaid, Tywyn, Gwynedd known as “Llanfendigaid”, “Stable Cottage”, “The Cow Shed” and “Dove Cottage”. The person named in the holiday confirmation issued by the Property Owner (“the Holidaymaker”) agrees to enter into a contract with the Property Owner on the following terms and conditions. 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 Owner enters into a binding contract with the Holidaymaker when the Property Owner issues the Booking Confirmation Note.
1.3 The Holidaymaker is responsible for the payment of the price of the holiday 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 Owner.
2.1 Bookings must be accompanied by the appropriate deposit (as detailed in the Booking Instructions). The Property Owner shall not be deemed to have accepted a booking until the Booking Confirmation Note has been issued.
2.2 The balance (including the costs of rental and breakage and cleaning deposit and any extra chargeable items shown on the holiday confirmation) 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 4.1 will apply. It is, however, the Property Owner’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 holiday charge shall be payable at the time of booking.
2.4 All payments shall be made to the Property Owner.
3.0 Alterations or Cancellation by the Property Owner
3.1 In the unlikely event that, where a Holidaymaker is not in breach, it shall be necessary for the Property Owner to make an alteration or to cancel the holiday accommodation specified in the Booking Confirmation Note issued to the Holidaymaker, the Property Owner shall inform the Holidaymaker of such alteration and in the event of an alteration or cancellation which is stated in writing to be unacceptable within 14 days of being notified by the Property Owner, the Property Owner shall if possible 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 Owner 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 Owner shall refund in full all the monies paid and shall not be under any other liability.
3.3 If the Property Owner’s performance is hindered or prevented by a Force Majeure Event (please see definition below), the Property Owner may, at his sole discretion, offer you:
- a full refund; or
- alternative holiday dates; or
- such other remedy as the Property Owner considers appropriate with regard to the circumstances.
3.4 In this contract, a Force Majeure Event means any of the following circumstances which may hinder or prevent the performance of the contract, including but not limited to:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- 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;
- nuclear, chemical or biological contamination or sonic boom;
- 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;
- collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts;
- non-performance by suppliers or subcontractors; and interruption or failure of utility service.
4.0 Cancellation by the Holidaymaker
4.1 If the Holidaymaker changes their mind and would like to cancel their booking, please contact the Property Owner in writing as soon as possible (In order to ensure speedy receipt, and thereby processing, of cancellations, the Property Owner recommends that the Holidaymaker sends written notification of cancellation by the Post Office Special Delivery service or similar). Please note that any refund given to the Holidaymaker when cancelling their reservation may be subject to deductions, as set out in these terms.
- If there are fewer than 90 days before the start of your stay, any refund the Property Owner gives the Holidaymaker will be subject to:
- any costs the Property Owner has incurred in administering the Holidaymaker’s booking or making specific arrangements for the Holidaymaker (for example, where you have requested certain activities, additional facilities, etc.); and
- The Property Owner’s ability to find an alternative booking. If the Property Owner is unable to find an alternative guest for the period of the Holidaymaker’s booking, the Property Owner will not offer the Holidaymaker a refund. If the Property Owner able to find an alternative guest for the period of the Holidaymaker’s booking, the Holidaymaker will be entitled to a refund equal to the lesser of:
- the full cost of the Holidaymaker’s booking, less the Property Owner’s administrative charges described above; or
- the fee paid by the alternative guest for the accommodation, less the Property Owner’s administrative charges described above, and
Any refund under this clause will be made on the start date of the date of the Holidaymaker’s reservation.
4.2 If there are more than 90 days before the start of your stay, the Property Owner will offer the Holidaymaker a full refund on cancellation, subject to any costs the Property Owner has incurred in administering the Holidaymaker’s booking or making specific arrangements requested in respect of the Holidaymaker’s booking (for example, where you have requested certain activities, additional facilities, etc.). Any such refund will be made within 14 days of written confirmation of the Holidaymaker’s cancellation.
4.3 Unless the circumstances described in clauses 4.1 or 4.2 apply, the Property Owner will not refund any booking fees paid in the event of the Holidaymaker’s cancellation for a Force Majeure Event (please see definition above). It is the responsibility of the Holidaymaker to ensure that they have adequate insurance in place to cover any loss or damage that they may suffer as a result of cancelling all or part of their stay at Llanfendigaid Estate and any associated costs.
5. Limitation of Liabilities
5.1 Nothing in these Conditions shall exclude or restrict any statutory rights which the Holidaymaker has against the Property Owner.
5.2 The Holidaymaker deals as a consumer and in no event shall the Property Owner 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 Owner 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 Owner to amend it in any way, or to re-invoice the Holidaymaker, the Property Owner reserves the right to charge an amendment fee of £15 per re-issued Booking Confirmation Note. The Property Owner 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 4.1 will apply.
7. Information in the Brochure
7.1 The information in the property descriptions in any brochures or websites controlled by the Property Owner was correct at the time of writing.
7.2 The Property Owner makes all reasonable efforts to portray the properties accurately in the web site 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 Owner 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 Owner 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 Owner 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 Owner. In the event that the maximum is exceeded without such agreement, the Property Owner reserves the right to refuse or revoke the booking (at his sole discretion). This would be treated as a cancellation by the Holidaymaker, and Condition 4.1 will apply.
9. Damage to Property
9.1 The Property Owner reserves the right to refuse to hand over the property where in the reasonable opinion of the Property Owner 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 Owner 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, 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 Owner 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 Owner shall not be liable to make a refund of any monies paid.
9.4 In the event of an unreasonable refusal by the Property Owner or his Agents to hand over the property, fair compensation shall be paid to the Holidaymaker.
10.1 The Property Owner or his Agents shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy.
11.1 Pets are not allowed in the holiday accommodation or in the grounds which surround the holiday accommodation without prior written permission and then in Stable Cottage and The Cow Shed and their gardens only for which extra charges apply. The Holidaymaker agrees that the Owner may levy a charge of £50 per pet per week if pets are brought without prior written permission
12. Arrival and Departure
12.1 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 Owner so that suitable arrangements can be made for entry to the holiday accommodation.
12.2 If the Holidaymaker is unable to arrive at the holiday accommodation by midday on the day following the holiday start date and failure in those circumstances to advise the Property Owner or his Agents constitutes cancellation by the Holidaymaker, in which case Condition 4.1 shall apply.
13. 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 Owner or his Agents, the Property Owner shall have the right to deduct 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 from any deposit held for this purpose from the Holidaymaker. The Holidaymaker shall be liable to the Property Owner 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 Owner for paying the reasonable costs of doing so. At the end of the holiday, the Holidaymaker shall pay to the Property Owner or his Agents the costs for other chargeable services as requested by the Property Owner or his Agents and the amount due will be deducted from any deposit held by the Property Owner.
In the unlikely event that the Holidaymaker is disappointed with the holiday accommodation, the Holidaymaker should first contact the Property Owner 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 Owner. In the event of the Property Owner being unable to resolve any complaint that might arise regarding the standard of the property, the Property Owner reserves the right to refer the complaint to Visit Wales 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 Owner. Nothing contained in this Condition shall affect the right of the Holidaymaker to bring any proceedings to resolve his/her complaint.
15. Death or Personal Injury
Neither the Property Owner 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.
16. Privacy Notice
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
These Conditions shall be read and considered without reference to their Condition headings which are included for convenience only.
19. Previous Booking Terms and Conditions
These Terms and Conditions supersede all previous versions. These Terms & Conditions are valid from 1st January 2020 until replaced.