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For the purposes of these Terms and Conditions, ‘Enterprises' means National Trust (Enterprises) Limited, (Registered Number 1083105) of The Stable Block, Heywood House, Westbury, Wiltshire, BA13 4NA and ‘Visitor’ means the person named in the confirmation invoice (the “Confirmation Invoice”). Enterprises is a trading company controlled byand wholly owned subsidiary of The National Trust for Places of Historic Interest or Natural Beauty (Charity Registration Number 205846) whose office is at 36, Queen Anne’s Gate, London, SW1H 9AS (the “National Trust”). Enterprises covenants all its profits to the National Trust.
1. Agreement
1.1 These Terms and Conditions are printed with the Booking form. The making of a booking (unless cancelled within 7 working days of receipt of the Booking Form) will form an agreement on these Terms and Conditions (the ‘Agreement’) between the Visitor and Stackpole Centre for the holiday rental of the cottage shown in the Confirmation Invoice or as otherwise agreed in writing by Stackpole Centre and the Visitor (the ‘Accommodation’).
1.2 Stackpole Centre permits the Visitor to occupy the Accommodation for the period shown in the Confirmation letter (“Holiday Period”) together with the use of the furniture, fixtures and effects.
1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. References to ‘party’ in these Terms and Conditions will include the Visitor’s family, servants, agents or guests. The Visitor is advised to make his or her party aware of these Terms and Conditions.
1.4 The Confirmation letter will show the holiday price at the time of booking. The holiday price is subject to change in the event that the price is increased during a pricing review of cottages (usually annually). In the event of an increase in the holiday price the Visitor will be informed in writing and will have four weeks from the date of the notice in which to terminate the Agreement. A full refund will be granted in the event of termination within four weeks from the date of notice following an increase in price. In the event that no such termination is received, the Agreement will continue, with the final payment being increased accordingly.
2 Deposit
A booking for a holiday will become firm when the booking from is returned to Stackpole Centre and the deposit of at least twenty percent of the holiday price (rounding up to the nearest pound sterling) has been received by National Trust accounts department. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 10 working days.
3 VAT
The holiday price includes Value Added Tax (“VAT”). If rates of VAT change from that included in the holiday price, Stackpole Centre reserves the right to amend prices accordingly.
4 Final Payment
The full balance of the total holiday cost (including any increase following a revision of prices) will be payable not later than six weeks before the holiday begins. An invoice will be sent reminding you of the “full payment” due. If the full balance is not paid on time, Stackpole Centre reserves the right to cancel the holiday booking, in which case the deposit will be forfeit.
5 Cancellation
The reservation may be cancelled at any time by the Visitor giving Enterprises notice in writing. A cancellation charge will be payable as follows:
More than 6 weeks before visit - full deposit
Less than 6 weeks before visit - seventy five percent of the full cost
Less than 24 hours before arrival - full cost.
6 National Trust Right To Refuse/Alter
6.1 Stackpole Centre reserves the right to refuse any booking.
6.2 Stackpole Centre reserves the right to cancel or alter arrangements made for the Visitor whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the National Trust or Stackpole Centre or (b) where in the reasonable opinion of Stackpole Centre it is necessary to perform or complete essential remedial or refurbishment works. If a booking has to be cancelled by Stackpole Centre, it will take reasonable steps to offer an alternative Stackpole Centre booking. If Stackpole Centre is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered holiday arrangements (as the case may be), The National Trust will return to the Visitor the relevant proportion of the money paid by the Visitor to the National Trust accounts department in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration.
7 Change of Booking
There will be a fee of £35.00 (thirty-five pounds) for any transferred booking, and bookings may not be transferred within one month of the Visitor's holiday, or from one year to another. A transferred booking is from one cottage to another, a change in the Visitor, or from one date to another. If the transfer requested also involves reducing the length of the holiday, it will be regarded as a cancellation.
8 Visitor Accommodation Limitation
Occupation must be limited to the maximum number of persons for the Accommodation stated in the Stackpole Centre brochure. (In some units Stackpole Centre permits an additional person to stay for whom an additional charge is made.
9 Joint Bookings
The booking should be made in one name only and that person (the Visitor) shall not, without the consent of Stackpole Centre, assign the booking.
10 Services
Unless otherwise stated in writing, the holiday price will include all charges for gas, electricity, or oil. Visitors must comply with the instructions found in the welcome pack regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to the Visitor.
11 Loss of Visitor Property
11.1 Except as indicated below, Enterprises cannot be held responsible for loss or damage to any belongings, or for injury sustained by the Visitor or members of his or her party during their stay at the Accommodation. The National Trust excludes liability for loss or damage to any belongings, or for death or injury sustained to the Visitor or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or wilful default of Stackpole Centre or the National Trust or where such exclusion or limitation of liability is prohibited by law.
11.2 The Visitor shall be liable for and indemnify Stackpole Centre against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by Stackpole Centre arising from the Visitor’s use or occupation of the Accommodation which arise from any breach by the Visitor of his or her obligations under the Agreement or from any negligence or wilful default of the Visitor and/or the Visitor’s party.
12 National Trust Right of Entry
The National Trust and/or its agents reserve the right to enter the Accommodation at any reasonable time on reasonable cause; this includes any annual external re-decoration for which access to the inside of the Accommodation will be required, and external windows and doors may be opened during this process.
13 Visitor Obligations
13.1 The Visitor undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the booking period (reasonable wear and tear excepted) and shall pay to The National Trust the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible.
13.2 The Visitor must allow The National Trust or its agent to enter the Accommodation to inspect the state of it, on prior appointment save in emergency when immediate access must be granted.
13.3 The visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to Stackpole Centre or the National Trust or to any neighbours.
13.4 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will normally be found in the welcome pack in the Accommodation.
13.5 The Visitor and his or her party must not do anything or permit anything to be done that would or may result in the insurance of the Accommodation becoming void or voidable or the premium on it being increased.
14 Property Cleanliness
The Visitor and members of his or her party are asked to leave the Accommodation clean and tidy. Stackpole Centre reserves the right to make a charge for extra cleaning if the Accommodation is not left in a satisfactory condition.
15 Occupation
15.1 Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted.
15.2 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the Holiday Period, and not for any other purpose or longer period.
16 Drought
Enterprises cannot accept responsibility for drought and the consequent shortage of water at the Accommodation.
18 Advance Bookings
All units can be booked well in advance. It is advisable to book early to avoid disappointment, particularly over school holiday periods.
19 Comments/Complaints
Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the local contact. Reasonable steps will then be taken to assist the Visitor. The National Trust will not normally make any refunds in respect of complaints made after the Visitor's departure from the Accommodation if the Visitor did not make the complaint or the problem known to the local contact during the holiday. If the Visitor wishes to comment on his or her stay a comment/suggestion form may be completed and returned to the local address given or alternatively to the address below. All complaints made after the Visitor’s departure must be made in writing to: Centre Co-ordinator, The National Trust, Stackpole Centre, Home Farm, Pembroke, SA71 5DQ
20 Cottage Closures
On rare occasions, the overall management of Stackpole Centre or the National Trust’s estates or properties may mean that the Accommodation has to be permanently withdrawn from holiday use. There will normally be substantial notice of this. However if these circumstances lead Stackpole Centre to cancel, modify or alter an advance booking then clause 6. will apply.
21 Arrival and Departure Times
23.1 Adherence to the arrival and departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being made for additional days. Arrival time is after 15.30pm on the first day of the holiday and Departure time is not later than 10.00 am on the last day of the holiday.
23.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the Holiday Period and the Visitor must return them on the last day of the Holiday Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.
22 Rural way of life
The cottages are located in a rural area and any action by the Visitor and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land belonging to the National Trust, will constitute a breach of the Agreement by the Visitor.
23 Right to Evict
Stackpole Centre reserves the right to evict the Visitor and his or her party (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by Stackpole Centre; for example, should complaints be made of anti social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed or the Accommodation is being otherwise misused or there is a material breach by the Visitor of the Agreement.
24. Non-Waiver
The non-exercise by The National Trust of any of its rights under the Agreement in any particular incidence of breach or default by the Visitor shall not constitute a waiver by The National Trust of such right in that or any subsequent incidence.
25. Notices
Notices shall be sufficiently served if sent by pre-paid first class recorded delivery letter or facsimile transmission to the address appearing in the Confirmation Invoice or such other address as each party may from time to time have communicated in writing to the other. Any notice to be served on the Visitor under the Agreement may be given during the Holiday Period by delivery through the letterbox or putting under the front door of the Accommodation and shall be deemed to have been received upon the expiration of 24 hours after service.
26. Severance
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 and the remainder of the provision in question shall not be affected.
27. Rights of Third Parties
Except for the National Trust, a person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
28. Headings
The headings in this document are included only for convenience, and do not affect the meaning of the clauses to which they relate.
29. No Tenancy
The Agreement is for the Holiday Period and is not intended to create the relationship of Landlord and Tenant between the Visitor and either of the National Trust or Enterprises. The Visitor shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Agreement.
30. Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of the Courts in England and Wales.
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