Just for clarification for 2022 – If you or we have to cancel your booking due to UK government travel restrictions relating directly to the covid-19 pandemic, we will refund any money paid for your booking. We will not be liable for any other costs you have incurred related to your booking. ‘Travel restrictions’ referred to above is a restriction on all individuals traveling to or from a designated area and / or for a given purpose. It does not mean individuals not being able to travel, even if it is due to a covid-19 related reason such as self-isolating or caring for someone who is self-isolating.
If there is need for use to operate under covid-19 restrictions we might need to make small changes to the service we offer. For example, but not exclusively, earlier check out and removal of extra bedding due to extra cleaning being needed. This is in addition to our booking terms below and overrides anything in our booking terms that contradicts the above.
1. BOOKING TERMS – CHURCHTOWN FARM
1.1 What these terms cover. These are the terms and conditions on which we supply short term holiday rental at Churchtown Farm.
1.2 Why you should read them. Please read these terms carefully before you submit your booking. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are a partnership trading as Churchtown Farm. Our address is Churchtown Farm, Higher Town, St Martin’s, Isles of Scilly, TR25 0QL.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when making your booking.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes email but not fax.
3. OUR CONTRACT WITH YOU
3.1 How to place your booking. Enquiries can be made by contacting us on 01720 422169 or by email to email@example.com.
3.2 How we will accept your booking. Your booking will only be secure once we have received and processed the Reservation Fee as set out in clause 6.4 below. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you. No contract will be formed between you and us in this circumstance.
3.4 Who can make a booking. The person making the booking must be over 18 years old at the time of booking and must be part of the group of people intending to stay at Churchtown Farm during the full length of the booking.
4. YOUR BOOKING
4.1 Arrival date and departure. We will confirm your arrival and departure date in our confirmation email when we accept your booking.
4.2 Arrival and departure times. The accommodation is available from 4pm on your arrival date. On departure day, you are requested to vacate your accommodation by 10am.
4.3 Occupancy. At no point can the number of guests staying in the accommodation exceed the bed spaces advertised for each unit of accommodation, also see 4.11. Camping on any Churchtown Farm land is not permitted. You may invite guests to the accommodation to meet socially only.
4.4 Luggage transport. Transport for your luggage once you reach St. Martin’s can be provided by prior arrangement, subject to availability. Please note however that we cannot meet unaccompanied luggage. We provide transport of your luggage twice, once on the day of arrival and once on the day of departure.
4.5 You must adhere to the property rules. There are property specific rules in place for the accommodation that you must adhere to. These rules are outlined on our website and can be viewed here.
4.6 Information regarding the local area and travel to and from Scilly. We will endeavour that any information we provide about services not supplied by us is up to date we cannot guarantee that it is accurate.
4.7 Internet availability. Wireless internet access is offered without additional charge for guests on the basis that we cannot promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed. We will not be liable for any claim in respect of the provision of internet services or telephone services not being available or failing.
4.8 Assistance Dogs and Pets. We welcome Assistance Dogs at Churchtown Farm but guests are NOT permitted to bring other pets to the property.
4.9 Smoking. Smoking including the use of e-cigarettes is not permitted within any part of Churchtown Farm holiday accommodation except in the garden (excluding the decking area and summer house). We reserve the right to ask any guest found breaching this clause to leave immediately and we reserve the right to charge you for any professional cleaning of rooms required as a result of you breaching this clause. Payment for the entire length of your booked stay with us will be required in full even if you are asked to leave early and no refunds will be provided.
4.10 Cleaning. You are expected to clean your accommodation on departure. If this cleaning is not carried out to the standard outlined in the rules on our website a cleaning charge of up to £100 may be made.
4.11 Children. We welcome children of any age but at any age they are treated as a person for the purpose of occupancy, whether they occupy an actual bed space or not. Please note the grounds of Churchtown Farm are shared by all units of accommodation on the site and children must be supervised at an age appropriate level.
4.12 Unacceptable behaviour. Churchtown Farm is our family home and we will not accept or tolerate offensive, dangerous or otherwise unacceptable behaviour towards our family, staff or other guests. We reserve the right to ask any guest engaging in such behaviour to leave at any time. Payment for the entire length of your booking with us will be required in full even if you are asked to leave early and no refunds will be offered.
4.13 Responsibility for behaviour. The person making the booking will be regarded as the lead guest and will therefore be responsible for the behaviour of all those in their booking and any guests they invite on to Churchtown Farm property during their booking period.
5. CHANGES TO YOUR BOOKING
5.1 To make changes to your booking. If you wish to make a change to the booking you have placed please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the booking or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to cancel and the terms of clause 7.1 will apply.
6. PRICE AND PAYMENT
6.1 Where to find the price for the booking. The price of the booking will be the price indicated on the Prices page of our website. All prices are per unit of accommodation per week. We do not charge VAT. This price includes all electricity and the provision of linen, excluding beach towels.
6.2 Booking length. This is normally in multiples of 7 nights from Wednesday to Wednesday. In March, April, October and November shorter lengths of stay and different booking start days may be possible.
6.2.1 We are closed between mid-November and the end of February.
6.3 We may offer special offers and/or discounted rates. Any special offers and discounted rates are subject to availability. Such offers and discounts cannot be applied to existing bookings.
6.4 When and how you must pay. The total cost of your booking is made up of the reservation fee and the balance. We accept payment by bank transfer or cheque only. We will provide you with our bank details to enable you to make payment. We do not accept payment by debit or credit cards.
To secure your booking with us a reservation fee is payable within 7 days of making the booking. We also require your name, address and a contact telephone number. If the reservation fee is not paid within 7 days of the booking being made or you do not provide these details your booking will lapse and no contract between us will be formed.
The reservation fee is taken to administer your booking, reserve use of the property for the period of your booking and to cover the costs of ensuring that the property is ready for your use at the advertised standard.
On receipt of your reservation fee, we will send you a booking confirmation email.
The balance is due 42 days before your arrival date set out in the booking confirmation email. If the full balance is not received 14 days prior to your scheduled arrival date, we reserve the right to cancel your booking without notice.
I6.5 We do not require a damage deposit. If you damage something during your stay with us, please let us know. If the damaged item requires repair or replacement we reserve the right to charge you the cost incurred by us in repairing or replacing the item.
7.1 Cancellations by you. If you need to cancel your booking for whatever reason, please contact us in writing as soon as possible. Every reasonable effort will be made to re-let your accommodation for the full length of your original booking and for the full price. If we are fully or partly successful we will deduct any money recouped from the charges you are liable for. Under all circumstances we will retain your reservation fee in full as this service will have been fulfilled. If you have to cancel your booking with us and we are unable to re-let your accommodation, the following cancellation charges will apply:
Days prior to booking arrival date that cancellation notice is received = Cancellation charge
More than 63 days = 33% of the total booking
42 days – 63 days = 50% of the total booking
7 days – 42 days = 80% of the total booking
Less than 7 days (including during stay) = 100% of the total booking
Total booking = reservation fee + balance
If you fail to turn up on your scheduled arrival date (as set out in the booking confirmation email) and don’t notify us of your delayed arrival this will be treated as a cancellation by you and the above cancellation charges will apply.
7.2 Cancellations by us. Should it become necessary for us to cancel a booking other than in the situations set out in clause 10.1, we will contact you as soon as we are able to. Any payments made will be refunded in full. Our liability will not extend beyond complying with this clause 7.2.
7.3 Insurance. We would strongly recommend you consider taking out a suitable insurance product to cover against unexpected costs such as cancellation charges, curtailment or delay to your holiday and that such cover includes adverse weather conditions in the UK which may prevent you from travelling to St Martin’s.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8.3 We are not liable for business losses. We only provide accommodation for private use. If you use the accommodation for any business or commercial purpose we will have no liability to you for any loss including; loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 Lost property. Where possible we are happy to return items that have been left following departure by arrangement. A minimum charge of £5.00 will apply to cover postage and packaging. We accept no liability for items left at Churchtown Farm and cannot guarantee they will be safely returned.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
Guest Registration. We are required by law to collect the following information about all guests aged 16 years and over and retain it for 12 months:
For guests who are British, Irish or Commonwealth citizens: Full name and nationality.
For all other guests: Full name, nationality, passport number and place of issue and details of next destination and full address there if known.
This information, the information we need to contact you and any other information you choose to share with us will be kept for no more than 5 years, unless you ask us to destroy your records. We will never share this information with a third party. We will use this information solely to comply with legislation and to market Churchtown Farm accommodation to you.
We also reserve the right at any time to ask you for any other information we are required to collect by applicable law and you agree in making a booking to provide such information on request.
10. EVENTS OUTSIDE OF OUR CONTROL
10.1 Failure to perform obligations due to an event outside of our control. We shall not be in breach of these terms, nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from events outside our control. If we are unable to provide accommodation to you due to an event outside of our control, we will inform you as soon as possible and refund any balance paid. We will not refund any reservation fee paid as this service will have been fulfilled.
10.2 Examples of events outside our control. An event outside of control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade, pandemic, epidemic, environmental disaster, fire, other severe damage or utilities failure or interruption.
10.3 Adverse weather. As transport to and from St Martin’s does not form part of your booking with us if you are unable to reach us due to bad weather or your visit to us is delayed or curtailed the cancellation policy in clause 7.1 will apply so we recommend you take out holiday insurance for this eventuality.
11. OTHER IMPORTANT TERMS
11.1 Holiday use only. We provide our accommodation for temporary holiday accommodation use only and these terms do not create a relationship of landlord and tenant between us and you. Use of our rooms for business or commercial use is expressly prohibited.
11.2 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within a month of us telling you about it.
11.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.