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Elm Cottage Touring Park: Your Pitch Booking Terms & Conditions

Park owners (referred to as “we/us/our”) are James & Jackie Spencer of Elm Cottage Touring Park, Chester Lane, Little Budworth CW7 2QJ. Tel: 01829 760544 email: booking@elmcottage.co.uk Web: www.elmcottage.co.uk

1. We aim to provide the very best service to all our guests. Please discuss your requirements with us. We will do our very
best to help.

Who may stay with us

2. The person who completes the Booking Form, or who makes the booking with us by other means, is responsible for the booking and must be 18 years of age or older.

3. Only the people named on the Booking Form, or when the booking is made by another means, may stay with us.

4. Your booking is personal to you and you cannot assign or transfer it to any other person.

5. You must tell us if your booking request is connected to any other booking, for example because you know the other party or you share a common purpose in visiting the Park. If you do not tell us about a connection, we may cancel your booking immediately and (if your stay with us has started) require you to leave the Park. You will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges.

6. On the Touring Park we cater for Caravans, Motorhomes, Campervans and Trailer Tents only.

7. On the Camping Field we cater for Caravans, Motorhomes, Campervans, Trailer Tents and Tents only.

8. No other vehicles including but not limited to fifth wheelers, horse drawn trailers/caravans, RV’s, etc. are permitted.

9. Continental style door opening caravans/motorhomes may be permitted but require prior arrangement.

How to book

10. Bookings can be requested in the following ways:

10.1. By telephone on 01829 760544

10.2. Online at www.elmcottage.co.uk

11. You must tell us your full requirements, for example if you are bringing any additional adults, children, pets, vehicles, tents or other structures. We need this information when deciding whether we are able to accept your booking and we may not be able to accommodate changes. Where we are able to do so, there may be an additional charge.

12. A contract exists when we have issued our confirmation to you.

13. Please check our confirmation carefully to see that it reflects your wishes. Please let us know of any difference within seven days, unless your holiday is to start within 14 days in which case you should inform us within 24 hours.

14. We reserve the right to refuse any booking.

The price you pay

15. Our prices include VAT.

16. The price will not be subject to any change unless the rate of VAT changes.

17. When you request your booking, you must pay a deposit of 20% of the price of your holiday or (if you are requesting to book 28 days or less before the start date) the full price.

18. Unless you paid in full when requesting your booking, the balance of the price of your holiday must be paid at least 28 days before the start date. We are not required to send you a reminder. If the balance is not paid in time, then we may cancel the holiday and retain your deposit as our cancellation charge. We will confirm the cancellation to you in writing by email or letter.

19. Please make sure that you book all the dates you need. We are not able to guarantee that we will be able to extend your booking.

Arrivals and departures

20. You must tell us by 2pm on the day of arrival if you are likely to arrive later than 9pm. You may not arrive after 9pm unless by prior arrangement, a fee applies for arrivals after 9pm. For bookings of more than one night, the earliest you may then arrive on the next day is 9:30am. Early arrival may be possible, a charge applies, subject to availability and organised in advance; enquire via reception using the contact details above.

21. If we have not heard from you within 24 hours of your expected arrival, we may release your booking. You will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges.

22. You must vacate by 12 noon on the day of your departure. An additional charge may be made for any unauthorised late departure. A late departure may be possible, a charge applies, subject to availability and organised in advance;
enquire via reception using the contact details above.

23. We will try to allocate you the location of your choice on the Park, but bookings are not conditional on this.

24. Your location on the Park and directions to it will be confirmed on arrival. If you are in any doubt, please check with
us. Any guest staying in the wrong location may be required to move.

Changes caused by exceptional circumstances

25. We may make reasonable changes to our Services. Our changes may reflect changes in relevant laws, guidance and regulatory requirements or implement minor technical adjustments and improvements, for example to address a health and safety risk.

26. If we make changes which mean we can only provide your holiday in a radically different way, we will give you the choice between confirming your booking, agreeing new booking dates with us or cancelling. We prefer that you
postpone rather than cancel but will always allow you to cancel where the law gives you the right to do so.

27. If the law prevents us from performing our obligations under these Terms & Conditions at all, for any reason which is not the responsibility of either party, we may ask you to postpone but will allow you to cancel if you prefer to do so. For these purposes, reasons which are your responsibility include any arising from your personal circumstances. Examples are ill health (except if the law prevents you from visiting or staying with us in consequence, for example because you are legally required to self-isolate) and any restrictions arising from your chosen career.

28. If you decide to cancel where clause 26 or clause 27 applies and your holiday has not started, then we will refund your booking including any deposit. If your holiday has started, then we will refund any days unused. We will not charge an administration fee, and we will only deduct any costs we have already incurred which we cannot recover elsewhere (‘Direct Costs’). We will not be liable to make any other payment to you.

29. We may also cancel your holiday, or any unused days, if Government guidance means that you should not visit or stay with us, even if the law still allows you to do so. If we cancel and your holiday has not started, then we will refund your booking in full including any deposit. If your holiday has started, then we will refund in full any days unused when we cancel. We will not charge an administration fee and we will not deduct any Direct Costs.

Other cancellations

30. We prefer that customers who are unable to take their holiday agree to postpone to a mutually convenient date. However, you may cancel your holiday at any time. Cancellation will be effective on the date it is received by us.

31. If you cancel under clause 28, cancellation charges are payable as follows unless you are doing so because we are in serious breach of our obligations in these Terms and Conditions.

Cancellation received more than 14 days before start date: Full refund

Cancellation received more than 7 days but no more than 13 days before start date: Charge is 50% of holiday price; 50% refund

Cancellation received 6 days or less before start date: Charge is 100% of holiday price; no refund

32. You are not entitled to any refund if you or any of your guests leave before the end of your holiday, unless clause 26 or clause 27 applies or if we are in serious breach of our obligations in these Terms and Conditions. If we are in serious breach of our obligations, we will refund you for the days of the holiday which have not been taken.

33. We may also cancel your holiday if you breach any of these Terms and Conditions. Clauses 49-52 give further details.

34. We recommend that you consider appropriate holiday insurance which covers any cancellation charges and any additional losses which you may incur through cancellation of your holiday, whether by you or by us. We are only
responsible for any additional losses if you were entitled to cancel because we were in serious breach of our obligations to you and the losses were both directly caused by our breach and reasonably foreseeable by us when the booking was made.

Authorised means of payment

35. You may pay us in any of the following ways:

35.1. By Debit or Credit card payment in person at the Park office or by phone. We accept Visa and MasterCard.

35.2. By BACS payment by phone.

Complaints

36. We are confident you will be happy with our service. If you have any complaint, we encourage you to discuss it with us as soon as possible (and ideally during your stay) as this gives us the best chance of resolving it with you. You can contact the Duty Warden via the campsite reception.

Personal data

37. Any personal data you give to us will be processed in accordance with the law and our privacy policy, the privacy policy is available on our website www.elmcottage.co.uk

Our promises to you

38. We will allow you to stay with us for the duration of your booking for holiday and recreational purposes, provided you comply with your obligations in these Terms and Conditions and except where exceptional circumstances prevent us from doing so.

39. We will provide, maintain and keep in good state of repair the Services, except where these have to be interrupted temporarily for the purposes of repair or development or for other reasons caused by exceptional circumstances outside our control.

40. We will insure the Park against usual third-party risks to a minimum of £2,500,000 per claim.

Your promises to us

You agree that you will:

41. Keep to these Terms and Conditions and the Park Rules. A copy of the Park Rules is available at Reception.

42. Stay with us only for holiday and recreational purposes.

43. Pay promptly for your holiday and other charges due to us.

44. Pay to us interest at 3% per annum over the published base rate of Barclays Bank plc from time to time (in Northern Ireland, the Ulster Bank) on any undisputed sums overdue from the due date to the date we actually receive such amounts from you, both before and after any judgment that we may obtain against you.

45. Not cause any damage during your holiday.

46. Not do or fail to do anything which might put us in breach of any condition of the Site Licence, which is always available on the Park on request. For example, the conditions of the Site Licence which may affect you include those requiring the space between caravans and other structures to be kept clear, those prohibiting combustible structures, those regarding car parking and those requiring the underside of caravans to be kept clear.

47. Not make any alteration to any accommodation or Pitch.

48. Permit us to move you to another location on the Park if necessary. We will ensure that any alternative location will be of similar quality and be responsible for all reasonable costs incurred.

Behaviour standards

These standards will apply from when you request your booking until your holiday ends. Unless stated otherwise, they apply whether or not you are on the Park at the time. You agree to, and you must make sure that you, your party and any visitors (including, in each case, their children), keep to the following standards of behaviour:

49. To act in a courteous and considerate manner towards us, our staff and anyone visiting, using or working on the Park including other customers.

50. To supervise children so that they are not a nuisance or danger to themselves or other people using the Park.

51. Not to:

51.1. Commit any criminal offence (whether or not on the Park or in its vicinity) which causes your name to be entered on the Violent and Sex Offender Register or causes you to be subject to a Risk of Sexual Harm Order or Child Abduction Warning Notice (or any register, order or notice succeeding these);

51.2. Use the Park in connection with any criminal activity or commit any other criminal offence (i.e. any offence not already subject to clause 51.1) at the Park or in its vicinity;

51.3. Commit any acts of vandalism or nuisance on the Park;

51.4. Use fireworks, Chinese lanterns or any similar open flame heat source on the Park. BBQ’s are allowed but must not damage the grass;

51.5. Keep or carry any firearm or any other weapon on the Park;

51.6. Keep or use any unlawful drugs on the Park;

51.7. Create undue noise or disturbance or commit antisocial behaviour on the Park, including use of generators;

51.8. Carry on any trade or business at the Park;

51.9. Permit anyone who is to your knowledge on the Violent and Sex Offender Register or subject to a Risk of Sexual Harm Order or a Child Abduction Warning Notice (or any register, order or notice succeeding these) to use or visit the Park.

52. You agree that if you or any of your family members or visitors or guests whom you have invited to the Park break the behaviour standards listed above then we may terminate your booking. Cancelling the booking because you are in breach of these Terms and Conditions

53. We may cancel your holiday if you are in serious breach of your obligations in these Terms and Conditions and the breach is not capable of being remedied or is such that it causes a breakdown in the relationship between you and us
(for example violence or intentional damage to property) by serving upon you reasonable notice in writing to cancel your booking. In deciding what period of notice is reasonable, we shall have due regard to the nature of the breach and
other relevant circumstances. In appropriate cases, this may mean requiring you to leave the Park immediately.

54. If you are in breach of any of your obligations under these Terms and Conditions which is capable of being remedied (for example, a failure to comply with the Park Rules) which has not caused a breakdown in the relationship between you and us, we may provide a verbal or written warning, specifying the breach and asking you to remedy the breach within a reasonable and specified time. If you do not comply with that warning and the breach is either serious and/or amounts to persistent breaches of obligation, which taken individually would be minor but which taken together cause a breakdown in the relationship between you and us, we are entitled to cancel your booking verbally or in writing. In appropriate cases, the warning we give you may be very short and we may then require you to leave the Park
immediately.

55. If we cancel your booking, you will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges.

Changing the Park Rules

56. It may be necessary or desirable to change the Park Rules from time to time, including for reasons of health and safety, the efficient running of the Park, environmental issues, local authority requirements, and/or changes in law or regulations or in the interpretation of law and regulations imposed upon us, in which case we will notify you in writing using your contact details at the address on the Booking Form.

57. Any changes made to the Park Rules after we accept your booking may affect you because you will be required to comply with the changed Park Rules, but will not affect anything else to which you are entitled under these booking
Terms and Conditions.

Communications

58. We agree that any letters or other communications between us shall be sent using the details for us in these Terms and Conditions and for you on the Booking Form. Email may be used. Whilst on the Park, verbal communications may be employed.

Interpretation

59. “Park Rules” means the rules of conduct and practice issued by us from time to time and applicable to the Park. The Park Rules which currently apply are available from Reception and are also attached to your booking confirmation email.

60. “Pitch” does not include any part of the Park except that on which the accommodation in which you are staying stands.

61. “Services” means the services which we have promised to make available without a separate charge to you, for example any utilities to your Pitch. Services for which we make a separate charge are provided under separate
agreements and not these Terms and Conditions.

62. “Site Licence” means the caravan Site Licence applicable to the Park issued to us by the local authority under Section 3 of the Caravan Sites and Control of Development Act 1960.

63. “You/your” means the person making the booking and all members of their party excluding children under 18. Where there is more than one person, each is fully responsible for the obligations in these Terms and Conditions.

64. References to taxes and laws are references to them as extended, amended or replaced from time to time.