T&C's | tithe-barn

Customer Booking Terms

**All guests agree to our booking terms and conditions**

1. General terms and conditions

These are the terms upon which Shadberry’s LTD (Company No. 10304360)
('Shadberrys' LTD) do business. They do not affect your statutory rights. They are designed to set out clearly ‘Shadberry’s LTD’ responsibilities and your rights.
Shadberry’s LTD offers you the opportunity to enjoy a great break or holiday. You can select from Shadberry’s website or marketing materials a range of accommodation which Shadberry’s has to offer.

2. Definition and application

These terms and conditions (the 'Conditions') shall apply to your booking.
References to any statute or statutory provision shall in the Conditions, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In the Conditions, reference to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
Headings will not affect the construction of the Conditions.
You agree that the Conditions shall be the exclusive basis on which any contract made between you and the property owner is transacted and processed unless otherwise agreed in writing by a director or manager of Stays to Remember.
The Conditions shall not create any agency or partnership between the parties or any third party.
All prices advertised by Shadberry’s are accurate at the date published but Shadberry’s reserve the right to change any of those prices from time to time. Shadberry’s will provide you with the up-to-date prices before confirming your booking.
You agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts entered into between you and Shadberry’s or you and the property owner unless otherwise stated.

3. Accommodation

As this is a single component, please note that the Package Travel, Package Holidays and Package Tours Regulations 1992 do not apply.
Please note that any booking for accommodation is strictly between you and the relevant property owner incorporating the relevant conditions set out herein. Shadberry’s is merely arranging such accommodation booking as booking agent of the relevant property owner and not as principal. You are required to read and accept any specific terms stipulated by the owners for the rental of their property.
In view of Clause 3.2 above, Shadberry’s cannot be held responsible for any loss or damage which you and/or the members of your party may suffer or any dissatisfaction with the accommodation arrangement.

4. Booking of a property

Once you have accepted a booking quotation sent via email from Shadberry’s, in order to confirm your booking, you must pay the deposit required when prompted, after Shadberry’s have checked availability with the property owner.
In paying monies to Shadberry’s, you agree to the Terms and Conditions.
Following receipt of your booking and receipt in cleared funds of the amount payable in accordance with Clause 5, Shadberry’s will send you by email a written property booking confirmation ('Booking Confirmation') on behalf of the property owner in respect of your booking. If the property is not available, Shadberry’s will endeavour to find you alternative accommodation.
For the avoidance of doubt, no contract between you and the property owner shall arise until after the Booking Confirmation is sent to you. Shadberry’s and/or the property owner reserve the right to reject any booking without giving any reason.

5. Payment for property accommodation

When making a booking, you are required to make a rental deposit payment of value specified in your booking confirmation email. You are also required to pay the service fee specified in your booking confirmation email.
The balance rental payment is due on the date specified on your booking confirmation email. Failure to pay the balance on or before this date may result in the cancellation of your booking and no monies already paid being returned to you, without any liability on the part of Shadberry’s.
The Damage Deposit is payable 10 days before the rental period. This must be paid by BACS transfer or by credit / debit card. The Damage Deposit will be returned to you, less any cost for damages or spillages etc, by cheque or BACS transfer within 7 days of the end of the rental period.
Failure to pay a Damage Deposit within 10 days of your arrival date may result in you being denied access to the property.
Where your rental period is due to start within 14 days of the day you make the booking, the full rental price and the Damage Deposit is payable immediately.
Payment shall be made to Shadberry’s on behalf of the property owner, and if made by bank transfer must include your Booking Reference Number. Bank charges for transfers shall be incurred by the customer. Payment can also be made by credit / debit card, for which there is no fee. No payment shall be deemed to have been received until Shadberry’s has received cleared funds.

6. Changes to your booking

Please note that date changes to your booking are not permitted. If you need to change the dates of your booking, you may request a refund subject to the cancellation conditions for your booking in accordance with Clause 7 of this agreement, and then re-book.
If you wish to change the number of guests booked to stay, please contact Shadberry’s with at least 7 days' notice prior to your stay.
If you wish reduce the number of guests booked, no refund will be given. If you wish to increase the number of guests booked, this may be possible subject to collection of an additional supplement, and provided that the advertised property occupancy will not be exceeded.
If you increase the number of guests with less than 7 days’ notice, the rental price will be re-calculated and any extra amount due will be deducted from the damage deposit following your stay. If at any time the number of guests exceed the advertised property occupancy, you will be required to vacate the property immediately and no refund shall be given.

7. Cancellation

If you wish to make a cancellation after the Booking Confirmation has been sent to you, you must put your cancellation request in writing ('Cancellation Request') to Shadberry’s using the email address reservations@myshortstay.com.
You acknowledge that Shadberry’s is receiving such Cancellation Request on behalf of the relevant property owner.
In the event you have paid the rental payment in full at time of booking, cancellation requests received with at least 12 weeks' notice from the date of the commencement of the rental will incur a 35% cancellation charge. Cancellation requests received within 12 weeks of the commencement of the rental date will incur a 100% cancellation charge. In all cases, the service fee is non-refundable.
In the event you have only paid a deposit towards your rental payment at time of booking and you have yet to pay your rental balance, you agree to forfeit your rental deposit if you cancel your booking. In such cases, your balance payment will no longer be due.
In view of Clauses 7.1 to 7.4 above, Shadberry’s strongly advises you to take out a cancellation policy to cover such loss which you may suffer as a result of any cancellations made by you.
For the avoidance of doubt, the cancellation rights under the Distance Selling Regulations 2000 do not apply in relation to your rental of properties.

8. Use of the property

You undertake to take, and shall procure that each member of your party takes, reasonable care of the property, the furniture, fittings, contents and facilities provided to you and your party during the rental period.
You undertake and shall procure that each member of your party complies with any directions and / or house-keeping rules in respect of the property which are issued by the property owner. Subject to reasonable wear and tear, you are required to clean, tidy and re-instate the property to the state prior to you renting it. If the property, furniture, fittings, contents and/or facilities are damaged or if the property is left in a dirty or untidy state, you will be liable to pay additional charges to make good such damage or cover such cleaning cost incurred. These costs will be deducted from your Damage Deposit. If the costs exceed the Damage Deposit, you will be liable for the excess.
You undertake and shall procure that each member of your party shall not undertake at the property any activity which is illegal or may cause unreasonable damage, noise or disturbance to the property or any person or property neighbouring the property.
In the event of there being cause for complaint concerning a property, the matter shall be taken up with the owner. It is important that this is done whilst you are still at the property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended if you have not afforded the owner the opportunity of investigating the complaint and endeavouring to remedy matters during the rental.
The number of persons and pets (if permitted) occupying the property shall not exceed the maximum number stipulated in the Booking Confirmation.
Unless otherwise specified in the Booking Confirmation the rental period begins at 4pm on the first day of the rental period and ends at 11am on the last day of the rental period.
Unless otherwise specified in the Booking Confirmation, no pets are allowed and no smoking is permitted in the property. Guide dogs are permitted but you are asked to inform Shadberry’s of your intention to bring a Guide dog at the time of your booking. Please note that even if you book to stay in a property which does not permit pets, it may previously have been occupied by a Guide dog.
Any damage (which must be reported to the owner immediately) or excessive cleaning that may incur an additional charge as a result of bringing your pet, will be deducted from your Damage Deposit or billed to you retrospectively in the case where total damage or cleaning amounts to more than the Security Deposit charged. Any costs incurred as a result of damage or cleaning will be billed to you retrospectively by the Property Owner.

9. Alternative accommodation

If the property becomes unavailable or unusable due to circumstances beyond the control of the property owner e.g. fire, flood, Shadberry’s will notify you promptly upon becoming aware of the same and will try to find alternative accommodation for you or refund to you all payments made by you (whichever is your preference). If Shadberry’s is unable to find alternative accommodation it will refund all payments, including your service fee, within 3 working days of receipt of the monies returned by the Property Owner.
Neither Shadberry’s nor the property owner will pay any compensation or expenses as a consequence of such a change to your accommodation in accordance with clause 9.1 or the inability to find alternative accommodation.

10. Indemnity and deposit

You shall keep Shadberry’s and the property owner indemnified against all overdue payments, dilapidations, excessive bills for electricity, water or telephone costs and any damages, losses, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by Shadberry’s or the property owner arising directly or indirectly out of any act or omission or negligence of you or your guests or any breach or non-observance by you of the covenants, conditions and other provisions of this agreement.
Shadberry’s, on behalf of itself and the property owner, reserves the right to deduct from the Damage Deposit or to make a demand for compensation for charges for property management or third party costs relating to or unreasonably early or late arrival or departure, remedial costs, repairs or cleaning that may be required or any other debt incurred or costs beyond normal and reasonable usage of the property as a holiday let that occurs as a direct or indirect result of the acts or omissions of yourself or your guests, including, without limitation, amounts payable under clause 10.1. For the avoidance of doubt, any such amounts not recoverable from the Damage Deposit shall be recoverable as a debt from you.
Shadberry’s reserves the right to deduct from the Damage Deposit any bank charges and any currency losses suffered in connection with any payments to or from you under this agreement.
The Damage Deposit will be returned to you within a reasonable period of the return of the keys to the property owner or his manager, (less any deductions made under Clause 10.2 or 10.3.) The amount of return of the Damage Deposit shall be determined by the property owner and its manager and if you have any dispute in respect thereof, you shall have no recourse against Shadberry’s.

11. Complaints procedure

If you have any complaints regarding your booking, please contact Shadberry’s immediately and Shadberry’s will do its best to resolve such issues.
If you have any complaints during or after your stay at the property, you must contact the property owner as your contract is directly with the property owner. Shadberry’s will try to assist you in resolving any issues or disputes between you and the relevant property owner.

12. Warranties

Shadberry’s on behalf of the property owner warrants that the property owner has used reasonable skill and care in preparing the promotional materials for the property and such description of the property is accurate at the time of preparation of such promotional materials. Notwithstanding the foregoing, Shadberry’s has no control over the information provided by the property owner or any changes to the property which may be made by the property owner. Accordingly, Shadberry’s is not responsible for any inaccuracies in respect of the description of the property set out in its promotional materials as a result of any inaccurate information provided by the property owner or any such changes.
If Shadberry’s becomes aware of any material changes to the property, Shadberry’s will update its promotional materials as soon as is reasonably practicable. Shadberry’s will use reasonable endeavours to provide you with updated information in relation to such material changes to the property at the time of your booking or where a material change occurs after the time of your booking, as soon as it may be reasonably practicable.

13. Liability

This Clause 13 sets out the property owner's and Shadberry’s entire financial liability (including any liability for the acts or omissions of Shadberry’s employees, agents and sub-contractors) to you in respect of:
1. any breach of this agreement;
2. any services requested by you including the rental of accommodation; and
3. any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement or the property, facilities or services.
Subject to the other provisions of this Clause 13, neither Shadberry’s or the property owner accept liability for loss or damage suffered by you in connection with this agreement, save for matters which arise as a result of Shadberry’s or the property owner's (as the case may be) negligence or breach of this agreement by the property owner or breach of Shadberry’s contractual duty to exercise care in making arrangements for you.
Subject to Clause 13.4 below, each of the property owner and Shadberry’s excludes all liability for any indirect, inconsequential or economic loss or damage.
Notwithstanding any provisions in this Agreement, neither Shadberry’s or the property owner excludes liability for death or personal injury which is due to Shadberry’s or the property owner's (as the case may be) negligence, or for fraudulent misrepresentation.
Subject to Clauses 13.2 and 13.4, Shadberry’s and the property owner's maximum liability for any loss arising from Shadberry’s or the property owner's (as the case may be) breach of any contract or negligence shall be limited to Shadberry’s or the property owner's (as the case may be) insured sum where Shadberry’s or the property owner (as the case may be) is insured and the price paid by you to Shadberry’s under this Agreement in all other cases.

14. General

You must be at least 18 years old and possess legal capacity to contract under English Law.
Whether you book alone or as a group, Shadberry’s will only deal with the lead booking name.
This agreement contains the entire agreement between the parties and you acknowledge that you have not relied upon any oral or written representation made to you by Shadberry’s or the property owner.
Each party irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation or to rescind the agreement whether or not contained in the agreement or for breach of any warranty not contained in the agreement unless such misrepresentation or warranty was made fraudulently.
No waiver by Shadberry’s on behalf of the property owner of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected thereby.
Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of a contract impossible.

15. Customers with additional needs

Shadberry’s are committed to assisting customers with reduced mobility or who have extra requirements enjoy stays in the Shadberry’s Property Collection. However, due to the nature of some of the properties, not all properties will be suitable for customers with different types of needs. Please inform Shadberry’s at time of booking of any requirements you have, such as disabled access, so that Shadberry’s can endeavour to source a suitable property for your occasion.

16. Data protection

By asking Shadberry’s to confirm your booking, you are accepting that the terms of this agreement apply to your booking. You also consent and agree to procure the consent of other members of your party to Shadberry’s processing personal information about you and other members of your party for all purposes related to your booking. Your personal information will be collected and used in accordance with our privacy policy.

17. Law and jurisdiction

The Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.