Terms and Conditions | Somerset Soul NEW

ACCOMMODATION BOOKING AND RESERVATION

TERMS AND CONDITIONS

SOMERSET SOUL

Thank You for choosing to stay in Somerset Soul at Upper Vobster Farm. By making this reservation You are entering into an agreement with Us, so please read Our terms and conditions below.

Our terms and conditions includes Appendix 1, which deals with internet usage and WIFI terms and conditions. Please ensure that You and everyone staying in the Selected Property comply with these.

If You have any requests about booking Somerset Soul or any of the Properties at Upper Vobster Farm or any questions about our Terms and Conditions please feel free to contact Us by one of the following means:

By email to stay@somersetsoul.co.uk

By telephone to our support team on either 0044 (0) 1373 812166 or 0044 (0) 7563 945237 or,

By telephone to Us on 0044 (0) 7970 137999.

There are a number of travel insurance policies available that cover for illness including Covid-19 and self-isolation. It is important that you consider these and make the appropriate insurance arrangements when you make a Booking.

We look forward to welcoming You to the Farm.

Tricia and Michael Nicholson

July 2024

SUMMARY OF TERMS AND CONDITIONS OF BOOKING

YOUR BOOKING CONTRACT

Your Contract for renting the Selected Property is between You and Upper Vobster Farm, and all that it incorporates is subject to these Booking Conditions. By making a Booking You have entered into a contract with Upper Vobster Farm for the letting of the Selected Property in accordance with our Terms and Conditions of booking and it will be legally binding at the point that Upper Vobster Farm issues a confirmation of booking to You.

Upper Vobster Farm reserves the right to refuse and reserves the right to terminate a Contract without prejudice should the booking deem to go against the ethos of Upper Vobster Farm. Examples include, but are not limited to, same sex parties, stag and hen parties and group bookings where You and members of Your party are under the age of 21 or conducting any illegal activity.

This also applies to curtailing Your stay immediately if it is deemed necessary as a result of Your behaviour or that of any of Your guests or any other material breach of these Booking Conditions. In the event that Your Contract is terminated, Upper Vobster Farm reserves the right not to refund to You any part of the Rental Fees in respect of the shortened Rental Period.

Should you wish to hold an event or celebration at Somerset Soul and so that you and your guests can enjoy the exclusive benefit of the gardens as part of this event, please note that there is a supplement of £1,000.00 between May and September and £500 for the rest of the year. We can assist with the arrangements and suggest catering options. Please note that total numbers are restricted to 30 and we have limited parking so please ask your guests to car pool if possible.

WHAT YOU GET

Exclusive use of private heated swimming pool open between 10.00 am and 5.00 pm
Steam rooms in both the farm house and pool house.
Final cleaning for rentals up to 7 nights.
Mid-stay light cleaning for rentals over 7 nights, unless otherwise agreed.
Weekly linen, bath towels and leisure towels, subject to agreement and length of stay.
Dressing Gowns.
House heating.
Electricity, gas and water usage.
Fires laid
Rubbish collection

WHAT’S ALSO ON OFFER – ADDITIONAL COSTS, AVAILABLE ON REQUEST, PRE-BOOKING REQUIRED

Please note that we cannot guarantee availability of these services.

Longleat, Cheddar Gorge and Wookey Hole discounted tickets
Discretionary rates for specified restaurants, shops and events in Bath
Mid-week housekeeping.
Catering, private chef.
Food delivery and unpacking.
Wellness treatments.
Taxi transfers.

MATTERS TO BE AWARE OF

You are entitled to occupy the property for holiday use only You agree to keep noise to a minimum to not disturb the neighbours. We have a strict Noise Policy in place so that our neighbours are not disturbed in this quiet, rural setting. Our policy is OUTSIDE - no loud music, loudspeakers outside, sound systems, karaoke, disco, live music, DJ or rowdy noise and no noise at all outside between 9.30PM and 8.00AM. If this policy is not adhered to, we will deduct 25% from your Damage Deposit Bond. In extreme cases, we will terminate your stay with immediate effect and your entire deposit will be lost along with the remainder of your booking.
You agree to return the property at the end of your holiday term in the same state and condition that it was let to you.
You will allow us or anyone with our written permission to enter the property at any reasonable time of the day to check the property’s condition and state of repair or to carry our any necessary repairs.
You agree to keep the property in a good and clean condition.
You will ensure your personal belongings are insured. We will not be liable for theft or loss or damage to your personal belongings.
You will not damage or make any alterations, changes or additions to the inside or outside of the property during your stay.
You agree not to smoke anywhere in the property. Please dispose of cigarette ends in the appropriate containers provided outside.
Our gardeners will be working during your stay and will endeavour to cause minimal disruption to your enjoyment.
It is Your responsibility to ensure that children are supervised at all times. Apart from the swimming pool area there are ponds, lakes and streams and machinery and animals, all of which could result in Your child having an injury or scare. We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
Cars and their contents are parked at their owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
There is a Netflix and Prime Video option on the Samsung TV in the movie room. Please Do Remember to Sign out prior to Leaving. This is a personal responsibility.

IN THESE TERMS AND CONDITIONS:

Booking: Means a booking for a Property or Properties.

Booking Form: Where applicable, means the booking form on the Somerset Soul Website or which You are asked to complete at any stage by Us.

Contract: Means the contract between You and Upper Vobster Farm, the owner of the Property. The contract is valid for any booking made where any monies have been taken, be that a deposit, part payment or full payment.

Cottages: Means Rosemary Cottage, Lavender Cottage, Courtyard Cottage, The Barn and Cherry Tree Cottage.

Courtyard Accommodation: Means The Dovecote, The Dairy and Valley View.

Damage Deposit Bond: Means the pre-authorised amount that is held by Us on Your debit or credit card to pay for any damages and extra cleaning charges.

Data Protection Legislation: Means the General Data Protection Regulation (GDPR), the current Data Protection Act 2018 and any other laws relating to the protection of personal data and the privacy of individuals that

regulate our use of Your personal data.

Extras: Means any additional items taken or consumed by You which can for example include ready-made meals, candles, products / toiletries that are available for purchase and any special requests, including, for example, special hampers or groceries, extra bottles of water and late departure charges or lost keys.

Property, Properties: Means Somerset Soul, the Cottages and Courtyard Accommodation advertised on our website, special promotional leaflets or any other marketing material, be that digital or in print and that are available for booking whether or not they are located on the farm. This also includes Related Properties.

Related Properties: Means the Long Room, Long Room Kitchen, Treatment Room, Gym and Beauty Room, Meeting Room, Painting Room, Summer House and any areas that are available to be booked.

Rental Fee: Means the total fee for the Selected Property as set out in the brochure or on the Website or as otherwise agreed in writing including rental, heating, electricity, logs, use of bed linen and towels, toiletries (all items including VAT if applicable) but excluding any charges for additional services provided by Upper Vobster Farm.

Rental Period: Means the period of time for which You wish to rent the Selected Property as stated in the Booking Form or other written confirmation of the Booking from You.

Selected Property: Means the Property specified by You or Us in a Booking.

Somerset Soul and Hancocks: Means Upper Vobster Farm Farmhouse.

Upper Vobster Farm: Means the name of the business with which You are entering into a booking contract. Upper Vobster Farm is located at Upper Vobster Farm, Upper Vobster, Radstock, Bath & North East Somerset, BA3 5SA. It is a partnership between Tricia Nicholson and Michael Nicholson.

We, Our, Us: Means Upper Vobster Farm.

Website: Means http://www.somersetsoul.co.uk, which is the property of Upper Vobster Farm or http://www.uppervobsterfarm.co.uk.

You, Your: Means the person who makes the Booking and any persons who stay in the Selected Property with You or visit You during your stay.

FULL TERMS AND CONDITIONS OF BOOKING

These Terms and Conditions of Hire are a contract between Upper Vobster Farm and You the person making the booking and all adult members of Your party who will be staying in any of our accommodation. By making a booking or staying at the Selected Property You agree to abide by these terms and conditions.

Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between Upper Vobster Farm and either the client or any guest. You agree that the purpose of the letting is for a holiday/ short-term stay, and therefore that you will not be entitled to any rights under any statutory provision including, without prejudice to the foregoing generality, the Rent Act 1977, any assured tenancy or assured short hold tenancy under the Housing Act 1988, or any tenancy arising under or in terms of, including in each case any amendment or re-enactment of any such statute for the time being in force.

BOOKING MORE THAN ONE PROPERTY

If You are renting more than one Property the same Terms and Conditions will apply to all Properties on the following basis:

If all the Properties are Courtyard Properties the Terms and Conditions of the Courtyard Properties will apply for the whole booking.
If all the Properties are Cottages the Terms and Conditions of the Cottages will apply for the whole booking.
If You are renting Courtyard Properties and Cottages the Terms and Conditions of the Cottages will apply for the whole booking.
If You are renting Somerset Soul and some or all of the Courtyard Properties and Cottages the Terms and Conditions of Somerset Soul will apply for the whole booking.

MAKING A BOOKING

Bookings can be made in the following ways

Using Our on-line booking register on Our website www.somersetsoul.co.uk or www.uppervobsterfarm.co.uk
Completing the enquiry contact form on Our website www.somersetsoul.co.uk or www.uppervobsterfarm.co.uk
By email to Upper Vobster Farm at stay@somersetsoul.co.uk
By telephoning Upper Vobster Farm on +44 (0) 1373 812 166

Please note that

At peak times, being July, August, Christmas and Easter, We operate a minimum stay of one week in Somerset Soul.
At all other times We operate a minimum three-night stay in Somerset Soul, unless special arrangements are agreed in advance at the time of booking.
We offer a weekend package for those arriving on a Friday and leaving on a Sunday
Some of Our properties are dog friendly. Dogs are not permitted in Somerset Soul. If You wish to bring a dog We have other properties, which You can rent as well as or instead of Somerset Soul. There is a supplement for your dog to cover the extra cleaning.

PAYMENT FOR YOUR BOOKING

Bookings are subject to Our Cancellation Policy details of which are set out below

We only accept UK credit or debit cards or BACS transfers. For non-UK credit card or debit cards there is a 3% card payment fee added.
At the time of booking a deposit of 30% is due.
For bookings made more than 12 months before the arrival date an initial deposit of 15% is due. The remaining 15% is due 12 months before Your arrival date.
The balance is due 60 days before Your arrival date.
We will hold a Damage Deposit Bond of £2,000, which is auto pre authorised 7 days before Your arrival date and auto cancelled 7 days after Your departure date as long as there are no damages. We will keep You informed of any charges that have arisen.
Should You book Your stay within 60 days of Your arrival date, payment in full is required at the time of booking.

We will issue a booking confirmation once You have made a Booking and any money due at the time of Booking had been received. Upper Vobster Farm has the right to release Your Booking if payment is not made by the specified date. It is Your responsibility to check the confirmation received carefully and notify Us immediately in case of any discrepancy or mistake.

SWIMMING POOL

The swimming pool is available exclusively for those staying in Somerset Soul (and the Dairy if rented in conjunction with Somerset Soul) and is open between 10.00 in the morning and 17.00 in the afternoon during the months of May through September.

Please note:

Use of the swimming pool, steam room and pool house is entirely at Your own risk.
There is no life guard on duty and it is Your responsibility to ensure that children are supervised at all times.
No children are allowed in the pool area without an adult.
Lone swimming is always forbidden.
The maximum number of people including children allowed in the pool area is 10.
No BBQs are allowed in the pool area.
Please use the plastic glasses provided and do not take glass receptacles in to the pool area.
If you wish to use the steam room, please let Us know and we will arrange for this to be started. Under no circumstances should You use the controls unless there is an emergency.
In case of an emergency there is a set of instructions in the left-hand kitchen drawer

SPECIAL REQUESTS

Special requests may be made prior to travel and whilst we will endeavour to meet them, this cannot be guaranteed. Under no circumstances will requests accepted by Us form part of our contractual obligations. Unless agreed in writing by Upper Vobster Farm, we do not accept liability for special requests that are not fulfilled. If a special request incurs extra expense We may ask for an additional payment.

METHODS OF PAYMENT

Upper Vobster Farm accepts payment by cash, credit or debit card or BACS in GBP. For Bookings made less than 60 days before the start date of the Rental Period, payment must be by credit or debit card. For non-UK credit card or debit cards there is a 3% card payment fee added.

ADDITIONAL PAYMENTS

Payment for any Extras must be made prior to Your departure. There is a list of the Extras currently on offer in the booking process and the online guidebook.

Where additional payments are due You hereby authorise Us to take them from the damage deposit, if not paid prior to Your departure.

STANDARD CANCELLATION POLICY AND REFUNDS FOR SOMERSET SOUL – CANCELLATION OR CHANGES TO YOUR BOOKING BY YOU

Your booking is a legal contract. If You cancel the accepted/confirmed Booking for any reason, You must notify Upper Vobster Farm in writing either by email or post. If you have paid by credit or by debit card, We reserve the right to charge a fee of 2.5% of whatever You have paid to cover bank and administration costs in processing your refund.

If You decide to cancel Your Booking the sooner than You do so the easier it is for all of Us so that We can keep our charges to a minimum. We will always do Our best to re-let and be as flexible as possible so it’s important that You keep in touch with Us during the process.

We will use our reasonable endeavours to accommodate your requests for alterations to Your booking, subject to availability.

Once making the booking You have up to 48hrs to cancel free of charge. A cancellation during the period of 365 days up to 60 days will incur a 15% fee of the full amount payable for your stay deducted from the deposit. Any cancellation less than 60 days or failure to turn up there will be no refund and the full amount for the property hired will be payable.

RE-LET POLICY FOR SOMERSET SOUL

If You cancel within 60 days of your stay and We are able to re-let the Selected Property for the full period of Your stay there will be a charge of £500.00 to cover Our administration and preparation costs and We will refund the balance of what You have paid.

NON-AVAILABILITY OF ACCOMMODATION AND FORCE MAJEURE

We shall not be liable for any delay or non-performance of Our obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond Our reasonable control. We shall notify You as soon as reasonably practicable when we become aware of such delay or non-performance.

If Your accommodation becomes unavailable for reasons beyond Our control, for example due to flood or storm damage We shall as soon as we’re aware of it, notify You and We will attempt to, if deemed appropriate, find You alternative accommodation. Should You accept any alternative accommodation offered, You will be issued with a new booking contract to which all Terms and Conditions apply.

If We have to cancel the reservation, We will provide a full refund of monies paid. No further financial claims will be considered.

LOCATION

In view of the rural setting a vehicle is essential and Upper Vobster Farm will not be held liable for any inconvenience caused or additional costs should You come to stay without a vehicle. You cannot rely on public transport.

ARRIVAL AND DEPARTURE ARRANGEMENTS

Check in is between 4.00pm and 8.00pm on the day of arrival. It may be possible to arrange an early arrival dependent on whether Somerset Soul has been occupied prior to Your arrival. However, this must be confirmed in advance. Arrivals after 8.00pm that require some assistance from Us will incur an additional charge of £20 depending on the circumstances.

Departure time is 12.00am for Somerset Soul. Other Properties have earlier departure times so check these when booking a combination of Properties. A later departure time is possible by prior arrangement only, and subject to availability, and may incur a charge. If the departure time is after 2.00 pm You will incur an additional cost of 50% of the cost of one night in the Selected Property calculated as the Rental Fee payable for the stay divided by the number of nights booked.

Should You wish to extend Your stay, You will be charged at the daily rate for that property or the daily rate for an alternative property, which may be higher, if it means that You need to move accommodation. All terms and conditions apply to the extension.

You will find a Guest Registration Form in the Selected Property. This must be completed, signed, scanned or photographed and emailed to Us at stay@somersetsoul.co.uk.

RETURNING KEYS

Please ensure You return Your key to the key safe on Your departure. We charge £50 for every set of lost keys.

PETS – DOGS – IF YOU RENT ANOTHER PROPERTY IN ADDITION TO SOMERSET SOUL

Somerset Soul does not accept dogs but dogs are welcome in Lavender Cottage and Valley View. You must tell Us about your dog if You wish to bring him or her with You.
A maximum of 1 dog per ‘dog’ property’ is allowed. There is a cleaning charge of £50 for dogs weighing less than 14 Kgs and £75 for dogs weighing over 14 Kgs. This covers Your whole stay.
Please remember that if Your dog does cause any damage there will be a further charge for any special cleaning, repairs or replacement of items damaged.
Dogs must be kept on leads if brought onto the farm. They must be properly controlled and supervised at all times.
Dogs must not be left unattended in any of our Properties.
Please ensure that all Your dog’s vaccinations, flea and worm treatments are up to date prior to arrival.
Please clean up after Your dog. There are dog waste bins outside Your Property.

Registered guide dogs, special assistance dogs and hearing dogs are allowed in all Properties at no extra charge, even where the Property description states that dogs are not allowed.
Dogs are not permitted in any of the bedrooms or on any of the furniture in any of Our properties. We do provide food, water bowls and a dog bed but You are advised to bring your own dog basket or dog bed.

Guests with allergies should be aware that Upper Vobster Farm cannot guarantee that there have been no dogs at the Selected Property, nor does Upper Vobster Farm accept any liability for any suffering which may occur as a result of such pets having been present.

YOUR AGREEMENT WITH UPPER VOBSTER FARM

You agree that the number of people staying in the Selected Property will not exceed the maximum number stipulated in the property details. This is to ensure that Upper Vobster Farm adheres to all Fire, Health and Safety Regulations. Breach of this rule will terminate the contract without recompense to You.
You agree that the Selected Property will not be used for any activity or in such a way as to cause a nuisance or annoyance to neighbours of the Selected Property. We reserve the right to terminate the visit of any person whose conduct is detrimental to the comfort of others, without recompense. Please respect other guests and keep noise to a minimum after 9.30pm.
The use of recreational drugs, smoking in any form including E-cigarettes or the use of naked flames (candles/matches etc) other than when being used to light a fire is not permitted within any of the Properties or in its immediate vicinity. There are designated smoking areas below the main car park and outside the back of Somerset Soul.
You agree that the Selected Property will be used for leisure purposes only as a holiday let or corporate accommodation and not for any commercial purposes unless previously agreed with Upper Vobster Farm.
You must ensure that the Selected Property is left in a clean and tidy condition on Your departure at the end of the Rental Period, including cleaning up after any dogs that You have brought with you.
If You have a child that uses nappies You agree to use the special nappy containers to dispose of their nappies and not to use the normal rubbish bins. If there is no nappy container in Your property You must make sure that You request one from Us and We will provide You with one.
You and Your guests will comply with all regulations relating to the Selected Property or the site within which the Selected Property is situated, which will be communicated to You upon and / or prior to Your arrival.
You shall abide by all instructions with regard to the Use of the Selected Property and its fixtures and fittings as notified to You by Upper Vobster Farm.
Upper Vobster Farm is a child friendly zone and we would appreciate that if alcohol is consumed this should be, where possible, within the Selected Property and in moderation. The exceptions would be if You were holding an event or celebration. Respect for others around the Farm would be appreciated.

SPECIAL REQUIREMENTS & ACCESSIBILITY

We will endeavour to help those in Your party with special requirements by recommending cottages that are especially suitable. Please note that none of the properties owned by Upper Vobster Farm have been specifically adapted to accommodate people with disabilities or moderate to severe mobility issues and We do not have any accommodation that is officially graded as accessible. Please also note some of our properties are conversions of barns, or older properties and therefore may have features not suitable for babies, young children, the elderly or infirm.

Nevertheless, if You require any special accessibility requirements, it is important to ensure, when booking, that You inform Us so We can advise whether or not the accommodation would be suitable.

HEALTH & SAFETY OF GUESTS

Upper Vobster Farm takes the safety of guests very seriously. Therefore, we ask that guests who stay in a Property take a few moments to think about their safety at the Selected Property. In particular You should:

Check the layout of the Selected Property, so that, in an emergency, You and Your party can get out quickly and easily.
Check the locations of the fire extinguishers and fire blanket and read the instructions for Use.
Check the location of the first aid box.
Check the location of the Fire Assembly Point (in the lower car park).
Read and take note of specific safety information provided in the Selected Property. If You have any concerns about the safety of the Selected Property, whether it be the garden, equipment or facilities, You should contact Upper Vobster Farm immediately.
Take note that there are live animals on site and we ask that You respect these and all local wildlife. Upper Vobster Farm has the right to put infection control or any other control processes in place should it be necessary for the health and safety of any livestock, wildlife, or protection and maintenance of the grounds.
Be aware of the various ponds, lakes and water courses that We have at the farm and ensure that children are supervised at all times.

There are strict health and safety guidelines relating to farms and farm machinery and Upper Vobster Farm complies with these.

DAMAGES AND BREAKAGES

Please take care when staying in Somerset Soul. You agree to leave the property at the end of Your Rental Period in the same clean and tidy condition and repair it was found upon Your arrival.
Please ensure that you inspect the Selected Property upon check-in. Unless we receive notification otherwise within one working day of check-in, we will be entitled to assume that you have fully accepted that the condition of the house is in good repair, condition, and a clean and tidy state and you will waive any right to claim otherwise.
Risk of damage to the Selected Property and its contents will pass to you on the check-in and remain with you until the Selected Property is returned to us. You and Your guests are responsible and liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.
By completing Your booking, You agree for Us to hold a Damage Deposit Bond of £2,000, which is auto pre authorised 7 days before your arrival and auto cancelled 7 days after your departure as long as there are no damages. We will keep You informed of any charges that have arisen.
In the event of any damage or breakages to the Selected Property during Your stay, We have the right to withhold some or all of the Damage Deposit and have the right to make additional charges should the result of any loss or damages exceed that of the Damage Deposit Bond.
You agree to notify Us of any accidental breakages or damage at the earliest possible opportunity so that repairs or replacement items can be arranged before the arrival of the next guests.
Upper Vobster Farm may charge You for the reasonable costs of any additional cleaning if this is considered necessary.

RIGHT OF ENTRY TO THE SELECTED PROPERTY

We and Our staff have the right of entry to the Selected Property at all reasonable times, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out any necessary repairs or maintenance.

COMPLAINTS

Should there be any cause for complaint during Your stay in the Selected Property, You should notify Upper Vobster Farm promptly before You leave and describe the nature of the complaint. Upper Vobster Farm will, of course, use its reasonable endeavours to resolve any complaints in as timely a manner as is reasonably possible.

If it is a complaint about Your accommodation or if You find that anything is faulty within the accommodation that needs Our attention, We will do what We can to assist and repair or make alternative arrangements. Due to the limited period of the rental, it may not be possible to repair such items during the Rental Period.

We have an out of hours number, whereby You can contact Us in the event that You have a problem with the Selected Property. We will endeavour to resolve any issues as soon as is reasonably possible and practicable. However, as with any domestic property, Upper Vobster Farm does not have access to maintenance services 24 hours a day.

Any complaints raised during Your stay will not necessarily result in any financial compensation and any complaints raised after Your holiday will not result in any form of compensation. Any form of compensation, financial or otherwise, is at the discretion of Upper Vobster Farm and there is no given right to receive compensation.

LIABILITIES

We do not accept liability for any loss, damage or theft to You or any member of Your party or any personal property belonging to guests, either in the property or in or to cars, bicycles or other vehicles left on the property, unless proven to be caused by a negligent act by ourselves, our employees or contractors whilst acting in the course of our employment.

We do not accept liability for any accident, death or injury to guests either within the property or outside unless proven to be caused by a negligent act by ourselves, our employees or contractors whilst acting in the course of our employment.

Nothing in these Booking Terms and Conditions shall limit or exclude the liability of Upper Vobster Farm for death or personal injury resulting from its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.

All warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract.

Upper Vobster Farm shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or for any loss (either direct or indirect) of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.

The aggregate liability of Upper Vobster Farm to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the Contract shall be limited to damages not exceeding three times the total amount of the Rental Fee received from You.

Upper Vobster Farm is located in a very rural setting and is accessed via B roads and lanes. Due to the location, Upper Vobster Farm is not liable for any cancellation, delay or curtailment in Your stay as a result of adverse weather.

Upper Vobster Farm cannot be held responsible for any buildings or road workings which may be carried out close to Your Selected Property. Where we are aware of any anticipated works, We will endeavour to advise You in advance.

Any data collected in the process of this booking will be stored on our computer system. With Your permission We may contact You about promotions and offers. We will not share Your details with any third party.

For the purposes of this clause, capitalised terms not defined elsewhere in this Contract shall have the meaning set out in the Data Protection Legislation. Upper Vobster Farm is the Data Controller of all Personal Data provided by You. You agree that Upper Vobster Farm can process such Personal Data for the purposes of processing and administering Your Booking.

Upper Vobster Farm will wholly comply with the Data Protection Legislation and any directions issued by the Information Commissioner in the processing of such Personal Data.

Upper Vobster Farm shall process the Personal Data only to the extent necessary for the purpose of providing the services and in accordance with any written instructions from You and implement and maintain appropriate technical and organisational measures in accordance with the Data Protection Legislation to ensure a level of security appropriate to the risks that are presented by such Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of Processing and the likelihood and severity of risk in relation to the rights and freedoms of the Data Subjects.

Upper Vobster Farm will not transfer the Personal Data outside of the EEA unless adequate levels of protection are in place.

Upper Vobster Farm will ensure that any employees or other persons authorised to Process the Personal Data are subject to appropriate obligations of confidentiality.

Upper Vobster Farm will not engage any third party to carry out its Processing obligations other than by way of a written contract which confirms that such third party will, at all times during the engagement, be subject to Processing obligations which comply with the Data Protection Legislation.

Upper Vobster Farm will, as soon as reasonably possible and without undue delay, notify You about any request (including subject access requests) or complaint received from Data Subjects without responding to that request (unless authorised to do so by You) and assist You by technical and organisational measures, insofar as possible, for the fulfilment of Your obligations in respect of such requests and complaints at its then-current rate.

Upper Vobster Farm will maintain appropriate records and information in compliance with Data Protection Legislation and on request by You, make available such records and information necessary to demonstrate their compliance with GDPR and otherwise permit, and contribute to, audits carried out by You (or Your authorised representative) at its then-current rates.

On termination or expiry of this Contract, Upper Vobster Farm will destroy or return (as You direct) all relevant Personal Data in its power, possession or control and delete all existing copies of such data except to the extent it is required to retain a copy of the Personal Data by law, unless You give authority for information to be kept and Used for the purposes of marketing.

You acknowledge that Upper Vobster Farm will need to collect name, address, email and other contact details and payment details at the time of booking in order to process and confirm Your Booking.

CCTV

The purpose of having a CCTV system is as a precautionary security measure for the safety and security of Your and Our belongings and those of our staff. Due to a number of relatively recent incidents, it was felt the system would act as a visual deterrent and reduce the risk of intruders.

We have taken into consideration the impact the CCTV system may potentially have on our neighbours. We have ensured that no one is overlooked and that all cameras have been discreetly placed. Footage will be kept but no longer than necessary, after which it is automatically deleted permanently. No backups are available. Our standard retention period is 30 days. Where the data is extracted and required for other legal purposes (e.g. investigation of a crime), data will be kept as long as required for that purpose. Each instance will be logged in the CCTV extraction log. Any redundant hardware will be destroyed securely.

The Nominated Individual responsible for the operation of the CCTV system is Michael Nicholson.

RESERVED RIGHTS

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

INTERNET SERVICE

We provide free super-fast fibre Wi-Fi in Our Properties but it is not possible to guarantee a consistent service. Please read the terms below if You intend ‘logging on’.

LOST PROPERTY

Lost or left property can be returned following receipt of payment for postage. We will contact You if We find anything. Please contact Us if You have left anything behind and We can arrange the return of Your belongings.

We keep lost or left property for 2 months, after which it will be disposed of at Our discretion.

HOUSEKEEPING SERVICE

For stays in excess of 7 nights we will provide clean linen and towels. We will agree the timing with You once You are here. It is sometimes possible to arrange to have Properties cleaned during a stay. There will be an hourly charge depending on what’s required. Please ask Us if this is something You would like.

TRAVEL INSURANCE

Please ensure that You have arranged Your own travel insurance, as we do not provide this. There are a number of policies available that include cover for illness with Covid-19 and self-isolation.

VISITING THE FARM

You are welcome to come and walk around the farm and see the animals. However, we are a working farm and children MUST be accompanied / supervised at all times.

Unless accompanied by one of the farm staff, no entry is permitted into any of the animal enclosures and all staff have instructions to ask You to leave any enclosures immediately.

LAW

As the Property is in England, the agreement between us and all matters arising therefrom are subject to the law of England and Wales and, in the event of a dispute; you will be subject to the exclusive jurisdiction of the courts of England and Wales.

SEVERANCE

If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modiﬁed to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out. The rest of the agreement shall remain enforceable.

CHANGES TO THESE TERMS AND CONDITIONS

Upper Vobster Farm reserves the right to update and amend these Booking and Reservation Terms & Conditions at any time. They are correct at the time of issue and, should there be any changes in legislation, Upper Vobster Farm will endeavour to update the Terms & Conditions as soon as is practicably possible. Any changes in official legislation take precedence over these Terms & Conditions.

THANK YOU

By booking an Event or accommodation at Upper Vobster Farm You accept these terms and conditions.

APPENDIX 1

INTERNET USAGE AND WIFI TERMS AND CONDITIONS

Please read through our terms and conditions regarding internet Usage when staying at Upper Vobster Farm

1. EXTENT OF THE SERVICE

1.a We do not recommend in particular the Use of any websites or other internet related services. Your Use of Internet Services is carried out entirely at Your own risk.

1.b We have no responsibility for, or control over, the Internet Services You access and do not guarantee that any services are error or virus free.

1.c We have no responsibility for, or control over, the information You transmit or receive via the Service.

1.d 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

1.e We do not guarantee:

The availability of the Service;
The speed at which information may be transmitted or received via the Service; or
That the Service will be compatible with Your equipment or any software which You Use.

1.f 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 and procedures) to ensure the security, integrity and confidentiality of Your information and data.

1.g 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.

2. YOUR USE OF THE SERVICE

2.a You must not Use the Service to access Internet Services, or send or receive e-mails, which:

Are defamatory, threatening, intimidatory or which could be classed as harassment;
Contain obscene, profane or abusive language or material;
Contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
Contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
Contain material which infringe third party’s rights (including intellectual property rights);
In our reasonable opinion may adversely affect the manner in which we carry out our business;
Are otherwise unlawful or inappropriate;

2.b 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.

2.c 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.

2.d 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.

2.e The Service is intended for consumer Use only. In the event that You Use the Service for commercial purposes we would specifically refer You to clause 5.b. below.

3. CRIMINAL ACTIVITY

3.a 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.

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

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

3.d 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.

4. OUR USE OF YOUR INFORMATION

4.a Subject to clauses 3.c and 3.d above we confirm that we shall Use the contact details You provide to Us solely for the purposes of contacting You with marketing information, updates, promotions and special offers relating to our business

5. OTHER TERMS

5.a 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.a. to 2.c. and 3.a above.

5.b 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.

5.c We agree that neither 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.

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

By booking accommodation at Upper Vobster Farm, You confirm that You accept these terms and conditions