1.0 DESCRIPTION OF TERMS
‘Orchard Air’ means the business that involves hire of the property, The Orchard.
‘The Property’ means The Orchard, Trevanson, Wadebridge, PL27 7HP
‘Hirer’ means the person hiring The Orchard from Orchard Air.
‘Guest’ means person that has been brought to stay at the property by the Hirer.
‘The Hire Period’ means the time between the Hirer/Guests’ agreed arrival and departure time.
2.0 BOOKING TERMS
Your booking deposit payment is a holding registration fee and is non-refundable. Receipt of your booking deposit payment will be taken as agreement to Orchard Air Terms & Conditions as stated on the website, orchardair.co.uk on the date of payment. The booking deposit payable will vary dependent on your specific booking.
Start of Contract
The hiring contract as governed by English Law between yourself, as the Hirer, and the owner of the property, Orchard Air, will be deemed to be in effect from the point at which confirmation is given by Orchard Air that the deposit payment has been received. Once the booking is confirmed, the Hirer becomes responsible for paying the full balance of the agreed cost and for paying by the agreed dates.
Eligibility to Hire
The contract for the Hire Period is for retreat/activity break/holiday purposes only. Hirers must be over 18 years of age.
The booking will only go ahead upon receipt of full and final payment 6 weeks prior to the arrival date. Proof of Public Liability cover by the hirer is also required 6 weeks prior to the arrival date. If either of these are not received on the date agreed, the booking will have to be cancelled and the booking deposit withheld.
Orchard Air reserves the right to refuse or revoke any bookings from parties that may in their opinion – and at their sole discretion – be unsuitable.
Full payment of the total full price agreed in writing is required 6 weeks before arrival date, to be made by bank transfer to the account provided.
A damage deposit may be requested.
If a damage deposit is requested, it will be payable at the same time as the booking deposit. Where paid, the whole/part portion will be used for any losses or damages to Orchard Air, caused by you or Guests, including replacement or repair for such breakages or damage or for any necessary professional cleaning – normal wear and tear excluded.
Any damage deposit will be reimbursed promptly after the stay, less any deductions.
Description of Services
Venue – means short-term rental of the property, The Orchard, Trevanson, Wadebridge, PL27 7HP.
Planning assistance – means administrative help given by Orchard Air to enable the Hirer to organise their stay at The Orchard.
Onsite assistance – means on-location help given by Orchard Air during the Hirer’s stay at The Orchard.
3.0 VENUE USE
Type of Tenancy
The Hirer acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends. The Hire Period must be strictly adhered to and the agreed time of arrival and departure cannot be exceeded unless permission is given in writing.
Care of the property
For the Hire Period and whilst any person associated with your Hire Period is at the Property you, as the Hirer, will be legally responsible for the Property and will be expected to ensure yourself, your Guests and anyone authorised to be on the Property take reasonable care of the building, furniture, fixtures and fittings, equipment and utensils to keep them in the same state of repair, condition and cleanliness as at the commencement of your hire period.
You agree to report as soon as possible to Orchard Air any breakages or damage caused by anyone associated with your Hire Period.
Normal wear and tear excluded, as Hirer, you agree to pay for any losses or damages to Orchard Air caused by you or your Guests, including replacement or repair for such breakages or damage or for any necessary professional cleaning. Normal wear and tear, for the avoidance of doubt, means repairs that are decorative and wear out or come adrift in the course of reasonable use.
Orchard Air reserves the right to repossess the property at any time, where you or your Guests has caused damage. In this case, Orchard Air shall not be liable to make a refund of any remaining portion of the hire terms paid.
Guests at The Property
In no circumstances may other persons be present on site, other than as agreed to by Orchard Air. Orchard Air reserves the right to refuse admittance if this condition is not observed. Only those listed on the booking may occupy the premises as overnight guests. Any other people on site must have been agreed to by Orchard Air.
Orchard Air may request details of all persons in your party including names and ages. If requested, this information must be provided in writing by 2 weeks of the booking date.
Entering the Property
Orchard Air or agents acting for Orchard Air retain the right to enter the property if special circumstances or emergencies arise (for example if repairs need to be carried out) and without prior notice if not practical or possible.
You, as the Hirer, certify that you are authorised to agree to Terms & Conditions on behalf of all members of the group and that you agree to take responsibility for all guests and anyone else that has permission to be at the property, ensuring their behaviour is appropriate (for example, not dangerous, offensive, anti-sociable or damaging) so as not to negatively impact the property, neighbours, neighbouring property or other people.
If their behaviour is deemed inappropriate or is impacting negatively on the property, neighbours or neighbouring property, Orchard Air reserves the right to ask those persons to leave the property.
You, as the Hirer, agree that you and your Guests use the Property lawfully and will not abuse any facilities provided and will comply with any health and safety or other policies or instructions notified to you by Orchard Air.
A guide to the use of the property including health & safety matters will be issued to the Hirer and a copy will also be present on-site.
Smoking is not allowed inside any areas of the property. It is permitted in the grounds.
4.0 OUR LIABILITY
We accept responsibility for ensuring that services are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard, using reasonable care and skill.
Orchard Air will comply with all applicable laws and regulations, in particular relating to fire, health and safety. Orchard Air will ensure the Property is properly maintained, clean, tidy and in good repair at the start of the Hire Period.
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; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
Not within our liability:
Orchard Air cannot accept liability for cancellations, delays or changes caused by weather, war, threat of war, terrorist actions or threats, civil strife, industrial action, natural disaster, transport issues, unforeseen changes in your personal circumstances or other events beyond our control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, damage resulting from exceptional weather conditions.
Orchard Air cannot accept liability for any losses related to any business of the Hirer including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
Health & Safety
Please advise us of any health conditions that may affect you during your stay at Orchard Air before you book and we reserve the right to decline your application.
Whilst all measures are taken to ensure a high standard of health and safety, we shall not be responsible for any problems arising from health matters which we had not been made aware of at the point of booking.
The use of accommodation, amenities and activities are entirely at the Hirer’s and their Guests’ own risk and Orchard Air is not liable for any medical or psychiatric conditions which may develop during or subsequent to the stay. However, Orchard Air does not seek to exclude or limit legal liability for the negligence of their servants or agents.
Personal belongings and vehicles (including their contents) belonging to the Hirer and Guests are left at the Property entirely at your and their own risk. We accept no liability for any loss, damage or injury to you or your Guests, or your or their personal property except to the extent such loss, damage or injury is caused by our negligence.
5.0 ALTERATIONS TO BOOKINGS
We regret that we are unable to give compensation for unforeseen circumstances (injury, family emergency etc) because as a small business we are not able to underwrite these kinds of costs.
Please let Orchard Air know as soon as possible if you decide to cancel. Your booking will be cancelled as soon as we receive this instruction in writing. Unfortunately, neither the booking deposit nor the full balance payment, once paid, can be returned if you subsequently decide to cancel. Depending on your reason for cancellation, you may be covered by your insurance policy.
In the unlikely event that the property is not available through events arising outside the control of Orchard Air, then we may be forced to cancel the booking. The Hirer will be advised as early as possible and the Hirer will be offered alternative dates, which, if not acceptable, will entitle the Hirer to a refund of all monies due.
If, due to unforeseen circumstances, Orchard Air is unable to carry out the Planning or On-site Assistance options, the best possible alternative solution will be sought.
We reserve the right to make any change at any time and, if being a significant change, will inform you as soon as possible and do our very best to provide a good solution.
Orchard Air is fully insured – The Orchard is insured as a venue for retreats and activity breaks and Vicky Edwards is insured to assist with activities.
You, as the Hirer, must have Public Liability cover & we strongly recommend your insurance also covers you in case unforeseen circumstances mean you’re unable to proceed with the booking.
Travel arrangements are your responsibility and at your own cost. Orchard Air shall not be held liable for any consequences arising from delays or cancellations in transportation. Therefore, Hirers should cover unexpected cancellation, sickness, losses and all the usual risks and bring the policy with you in case of emergency.
In turn, Hirers are advised to tell Guests to insure against inability to attend.
The best way to get the right insurance policy for your particular circumstances is to contact an insurance-broker.
If you have a problem before/during/after your stay, please inform Orchard Air immediately and we will endeavour to put things right as soon as possible.
6.0 ADMINISTRATIVE POLICIES
Data & Privacy
In making a booking we will ask for personal information such as your name, business name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. From time to time we may use other companies and individuals for the purposes of administration. Contractors will not be allowed to use your personal information for any other purpose than that which Orchard Air may have instructed. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us at: email@example.com
7.0 VALIDITY CLAUSE
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, being void, being unenforceable or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.