Ts and Cs – New York Farm

Terms and Conditions

Bookings are made and accepted on the following conditions:

CONTENTS

DEFINITIONS
BOOKING PRICE AND PAYMENT
BOOKING CONDITIONS
CANCELLATION POLICY
OWNERS RIGHT TO CANCEL
TRAVEL INSURANCE
CHANGES TO BOOKING OR TERMS
SECURITY DEPOSIT
PRIVACY POLICY
ADVERTISING
DURATION AND TIMES OF RENTAL
NO SMOKING POLICY
NOISE POLICY
DOG POLICY
HEALTH & SAFETY
IN PROPERTY WIFI
RIGHT OF RE-ENTRY AND RIGHT TO EVICT
LOST PROPERTY
EVENTS OUTSIDE OUR CONTROL
COMPLAINTS AND COMPENSATION
LIMITATION OF LIABILITY
SEVERANCE
GENERAL

1. DEFINITIONS

When the following words are used in this Terms and Conditions document, this is what they mean:

1.1 Booking: Your request to occupy the Property for the Rental Period as made via the NYF (New York Farm) website enquiry form, phone or by any other means.

1.2 Booking Confirmation: the written confirmation sent by New York Farm to You confirming the agreement for You to occupy the Property during the Rental Period.

1.3 Property: the property as defined within the Booking Confirmation (including the Property’s grounds).

1.4 Rental Period: the period of time for which New York Farm shall make available the Property to the Guest as set out in the Booking Confirmation.

1.5 Security Deposit: the security deposit to be paid by You in accordance with clause 8.0.

1.6 Terms/Conditions: The Terms and Conditions set out in this document and any other Terms referred to in these Terms and/or provided to You by New York Farm.

1.7 You/Your/Guest/s: the Guest and or his/her invitees to the Property. The Lead Guest is the lead person on the Booking Confirmation.

2. BOOKING PRICE AND PAYMENT

2.1 A Booking is not accepted until We have issued a Booking Confirmation.

2.2 The price of the Booking will be set out in the Booking Confirmation (You will be informed of the price at the time You place Your Booking).

2.3 Payment can be made by Bank Transfer or Cheque

2.4 To confirm a Booking, a non-refundable deposit 25% of the Booking cost is required (“Booking Deposit”). Once Your Booking Deposit has been paid You will receive the Booking Confirmation and the rental agreement will be concluded. If the Rental Period is less than 12 Weeks (84 days) from the date of Booking, full payment will be required at the time of Booking. The full balance must be paid 12 Weeks (84 days) prior to arrival.

2.5 Should the balance not be paid by You pursuant to clause 2.4 above, NYF reserves the right to terminate the rental agreement by notice in writing and without further liability to You. Any deposit paid by You will not be refunded.

2.6 Please note a Security Deposit of £50.00 is charged (at the balance due stage) which will be returned after Your stay subject to clause 8.0 (Security Deposit).

3. BOOKING CONDITIONS

3.1 By submitting a Booking, You confirm that You have fully read, understood and agreed to the Terms and Conditions.

3.2 You must be at least 21 years old when You make Your Booking. By making a Booking You confirm that You are at least 21 years old.

3.3 The number of persons occupying the Property must not exceed the maximum number of four (4) guests. We reserve the right to refuse entry to all Guests (or to require Guests to vacate the Property) if this condition is not adhered to.

3.4 All Guests agree to arrive and leave the Property at the dates and times set out in the Booking Confirmation (unless any other arrangements are agreed with Us in advance). The Property will not be available at any times outside of the times reserved by You. We reserve the right to make a reasonable additional charge through deduction of Your Security Deposit in the event that You have not left the Property at the agreed departure time.

3.5 This Booking agreement is made on the basis that the Property is to be occupied by the Guests as a holiday letting within the meaning of the Housing Act 1988 Schedule 1 Paragraph 9. The Guests acknowledge that the licence granted by the rental agreement entered into is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

3.6 The Lead Guest will assume responsibility for all Guests’ compliance with the Terms and Conditions.

3.7 Your right to occupy the Property may be forfeited and You may be required to vacate the Property without compensation if:

3.7.1 More people than declared at the time of Booking attempt to occupy the property;
3.7.2 Overnight Guests are entertained without the written consent of Us;
3.7.3 Any activity is undertaken which is illegal, or which causes may cause unreasonable noise, nuisance, damage or disturbance;
3.7.4 There is any smoking inside the Property and/or in the grounds of NYF.

3.8 You shall keep the Property and all furniture, fixtures, fittings and effects in or on the Property in the same state of repair as at the commencement of the Rental Period and shall leave the Property in the same state of cleanliness and general order in which it was found.

3.9 Your stay at the Property is for domestic and private use only. You agree not to use the Property for any commercial, business or subletting purposes.

3.10 The Property at NYF is in a rural area surrounded by open fields. Please therefore expect wildlife and farm animals, which may make their way into a property unbeknownst to NYF. We cannot be held liable for disturbances, changes to the Property or other problems caused by wildlife and farm animals.

3.11 NYF reserve the right to take no action if they do not consider the presence of the wildlife or farm animals to be a serious threat to health.

3.12 You confirm that the information You have provided to Us is true, accurate, current and complete information in all respects. Should any information provided change You should notify Us immediately. We shall not be liable if any incorrect information provided by You results in Us being unable to perform (or entitled to terminate) the rental agreement.

3.13 It is the responsibility of the Guests to ensure that any third-party suppliers booked to provide services during a stay have adequate liability, insurance, and health & safety measures in place.

3.14 Any advertised third-party suppliers on the NYF website are listed from recommendations only and have not been vetted.

4. CANCELLATION POLICY

4.1 We reserve the right to cancel the Booking if full payment has not been received by 12 Weeks (84 days) prior to Your arrival or by such other date as We may specify in writing.

4.2 In the event of a cancellation by You, You must notify Us as soon as possible in writing.

4.3 The following charges will apply as shown in the table below to determine the amount of the charge, which shall be a percentage of the total cost of the holiday.

Notice of cancellation	The percentage total booking value payable by the Guest
More than 12 Weeks (84 days)	No additional charge – the balance for the Booking will not be due, however the 25% Booking Deposit will not be refunded
More than 8 Weeks but less than 12 Weeks (56-83 days)	50% of the total Booking cost will be charged, and the 50% remainder will be refunded to You
More than 4 Weeks but less than 8 Weeks (28-55 days)	75% of the total Booking cost will be charged, and the 25% remainder will be refunded to You
More than 2 days but less than 4 Weeks (2-27 days)	90% of the total Booking cost will be charged, and the 10% remainder will be refunded to You
Less than 2 days to 0 days	100% of the Booking Fee will be charged

4.4 On receipt of the cancellation, the above chart states the amount the Guest remains liable for at that point in time. NYF will make every attempt to re-let the dates to obtain a replacement booking. If the dates are re-let You will receive a refund equal to the re-let rental rate, which may be less if the rates are reduced in line with market forces. An Administration Fee of £25.00 will be charged to the Guest and will be deducted from the refund sum due if a re-let is successful. Please allow up to seven (7) working days for a refund to be issued.

For example:

A fully paid £400 booking, cancelled, and then re-let at less than the 12 Weeks (84 days) but more than 8 Weeks (56 days) stage for £400, means that the original Guest will be refunded £375 (£400 minus the admin charge of £25 = £375

A fully paid £400 booking, cancelled, and not re-let at less than the 12 Weeks (84 days) but more than 8 Weeks (56 days) stage, means that the original Guest will be refunded £200 (£400 minus the 50% of the total booking cost = £200)

4.5 Cancellations received exactly twelve Weeks (84 days) from the check-in date, must be made before midnight on the 84^th day.

4.6 If You intend to cancel Your booking due to Covid-19 reasons, please contact NYF directly.

4.7 We strongly recommend that You take out comprehensive cancellation insurance that covers UK self-catering holidays (see clause 6.)

5. OWNERS RIGHT TO CANCEL

5.1 In the event of the Property becoming unavailable due to a problem with the Property or its facilities or for any other reason outside of Our control, We have the right to cancel Your Booking by notice in writing to You and all sums paid by You will be refunded. We will endeavour only to cancel Your Booking if it is unavailable for reasons beyond Our control such as a result of: fire, flooding, lack of water supply, lack of heating or structural problems. Our liability will not extend beyond this refund.

6. TRAVEL INSURANCE

6.1 It is the responsibility of the Guest and Your intended party to acquire suitable travel insurance to cover Your booking and individual circumstances beyond Your control such as, but not limited to, adverse Weather, jury duty, incarceration, change in personal or work circumstances, military service, illness (including Covid-19, self-isolating & shielding) family emergencies and travel delays. If You choose not to take out UK travel insurance, then You accept responsibility for any loss that You and Your intended party may incur due to Your cancellation

7. CHANGES TO BOOKING OR TERMS

7.1 NYF may revise these Terms and Conditions at any time.

7.2 If NYF revise these Terms or the Terms of the Booking so as to materially affect the Booking, We will give You reasonable written notice of any changes and You can choose to cancel the rental agreement. In the event of such cancellation, We will refund any sums paid.

8. SECURITY DEPOSIT

8.1 A refundable Security Deposit will be required to be paid by You in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities, or other breach by You of these Terms.

8.2 The amount of the Security Deposit is £50.00 and is to be paid when making the final payment.

8.3 The Owner is entitled to deduct from the Security Deposit in the following circumstances:

8.3.1 Should You or any member of the party damage the Property, or any equipment or fittings at the Property, or leave it in a condition where additional cleaning is required (being any cleaning over and above that which We consider (at Our discretion) to be necessary in the usual course);
8.3.2 Should You or any member of Your party be in breach of any of the Terms and Conditions;
8.3.3 Should NYF be required to remedy any damage caused to the Property during the Rental Period;
8.3.4 To fully charge for additional Guests which have not been approved; or

8.4 The Guest must report any damage immediately to the Owner/s.

8.5 If no deductions are required, the Security Deposit shall be returned within seven (7) business days after Your stay. We will contact You shortly after Your stay regarding the return of the deposit by email.

8.6 Should a claim be made against the Security Deposit, details of such a claim will be provided to You within seven (7) days of the end of Your Rental Period (or after such longer period as may be required for the deductions to be calculated).

8.7 Should the Security Deposit provide insufficient remedy, NYF shall have the right to recover any sum from You to make up any shortfall

8.8 In the event that You or any member of Your party causes severe damage to the Property which results in Us having to cancel subsequent bookings and / or pay compensation to any person due to the Property being left in an uninhabitable state by You, or which reduces the services offered to subsequent Guests, You shall indemnify the Owner/s in full for any loss incurred by them which the Security Deposit does not cover.

9. PRIVACY POLICY

9.1 Ensuring the privacy and security of Your personal information is very important to NYF. For further information about how We will collect and use Your personal information, please see our Privacy Policy.

10. ADVERTISING

10.1 We have compiled the information on Our Website www.newyorkfarm.co.uk and any authorised third-party Websites or advertisements as accurately as possible, however no warranties or representations (express or implied) are given in relation to the content on Our Website.

10.2 The Guests accept that minor differences between text/photograph/illustrations on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to the Guests standards or any images on Our Website.

10.3 If a facility is particularly important to You, please check with Us prior to Your Booking.

10.4 Occasionally, unforeseen problems mean that some facilities or services (such as WIFI) become unavailable, and if this is the case, We will tell You as soon as reasonably practical after We have been made aware of the situation. Please see clause 16 for further information on WIFI access.

10.5 NYF cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned on the Website or advertised elsewhere.

11. DURATION AND TIMES OF RENTAL

11.1 The Property will be available to You after the time stated on Your Booking summary on the start date of the Rental Period and You must leave by the time stated on your Booking summary on the last day of the Rental Period, unless otherwise specified in the Property Specific Terms.

11.2 Where there is a variation to check in and check out times written notification to You will be provided by NYF by email or phone and text.

11.3 The following changes are in place for all bookings affected due to the COVID-19 pandemic. We will review and update this regularly based on available guidance:

Check In no earlier than 5pm on the day of arrival.

Checking out by 12noon at the latest on the day of departure.

These times have been temporarily been put in place for Guest safety so You can enjoy Your holiday knowing that Your property has gone through the rigorous cleaning and disinfection protocols that We have put in place.

11.4 The period before and after Your stay is probably booked by other Guests, so please respect the stated check in and departure times so that We have enough time to prepare for the next group of Guests (the result of Your late departure could incur charges against Your Security Deposit as a result of housekeeping staff being prevented from accessing the property at the agreed departure time).

12. NO SMOKING POLICY

12.1 All of Our properties are non-smoking properties. The smoking of cigarettes or E-Cigs is not allowed anywhere within the Properties or in the grounds of New York Farm.

12.2 We reserve the right to make a charge to the Security Deposit where Guests have contravened the no smoking policy.

12.3 Should the Security Deposit be insufficient to remedy such breach, We shall have the right to recover any sum from You so as to make up any shortfall.

13. NOISE POLICY

13.1 We have a strict zero-tolerance policy on late-night noise (after 11pm). All outside music and activities which can be heard by neighbouring properties or which take place outdoors are prohibited so as not to disturb nearby residents.

13.2 The following restrictions apply to all properties:

13.2.1 It is not permitted to take radios, CD players or other sources of music outside without Our permission;
13.2.2 You will not turn up the music within the Property to provide music outside;
13.2.3 Any music playing inside the Property, must not be heard outside;
13.2.4 use of fireworks is not permitted under any circumstance;
13.2.5 We do not allow hiring of hot tubs, live bands, other live acts, PA systems, discos, marquees or gazebos.

13.3 You and every member of Your party undertakes to:

13.3.1 Be considerate to the neighbours of the Property at all times and more specifically during the early hours of the morning and late evening;
13.3.2 To ensure that any deliveries or taxis are provided with clear instructions to the Property so as not to inconvenience neighbouring properties.

13.4 Should You be in breach of any of the conditions set out in this clause 13 and/or should We receive a complaint by a third party, We will provide You with a verbal warning and an opportunity to remedy the breach in the first instance.

13.5 If You commit a serious breach of the conditions set out in this clause 13, or if a warning has been given set out in 13.4 above which is not complied with, We shall have the right to ask You to leave the Property immediately thus terminating the rental agreement and in such a case We shall not be liable to You for any reimbursement of any money paid, including the Security Deposit.

14. DOG POLICY

14.1 For the avoidance of doubt, this policy applies to all pets and not just dogs.

14.2 No dogs or pets are allowed at NYF and bringing your dog or other pet will result in You being asked to leave without compensation.

15. HEALTH AND SAFETY

15.1 It is imperative that you read and adhere to the safety information provided within the property. As the Owner we have a duty of care to ensure that the property is reasonably safe for guests to use and expect that all our guests also take responsibility for their own safety whilst staying at a property.

15.2 For Your information Health and Safety documents are available upon request.

16. IN PROPERTY WiFi

16.1 We do not guarantee:

16.1.1 the availability or functionality of the service or that it is free from defects or viruses.

16.1.2 the speed at which information may be transmitted or received via the service.

16.1.3 that the service will be compatible with Your equipment or any software which You use.

16.2 You must not use the service to access internet services, or send or receive emails, which:

16.2.1 are defamatory, threatening, intimidatory or which could be classed as harassment; contain obscene, profane or abusive language or material.

16.2.2 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

16.2.3 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition, or sexual orientation.

16.2.4 contain material which infringe third party’s rights (including intellectual property rights);

16.3 You must not download, alter, e-mail or otherwise use any content in breach of any third-party intellectual property rights.

16.4 We may suspend access to the internet service if We reasonably believe that You are in breach of any provisions of this clause.

16.5 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.

16.6 You agree and acknowledge that We may be required to provide assistance and information regarding Your use of the internet at the Property to law enforcement, governmental agencies and other authorities.

17. RIGHT OF RE-ENTRY AND RIGHT TO EVICT

17.1 We are entitled to enter the Property, without providing You with prior notice in the following circumstances:

17.1.1 In an emergency, to include where repairs are required to be carried out due to a report made by You or damage caused by You (or where We have reasonable grounds to believe that such damage has been or may be caused);

17.1.2 Should You be in breach of any of these Terms We have reasonable grounds to believe that You are in breach of these Terms;

17.1.3 We have received reports from a third party advising Us of conduct which is in breach of these Terms.

17.2 We are allowed to enter the Property to inspect it. In this circumstance, reasonable notice will be given first.

17.3 Should access be required, You agree not to obstruct Our re-entry or Our Representative (to include workmen/women) to the Property.

18. LOST PROPERTY

18.1 Please contact Us as soon as possible if You think You have left any personal items in a property after Your departure.

18.2 Should You wish Your items to be returned, We will happily do so but a postage fee of £10 must be paid and cleared in advance by You. For larger personal property items there may be an additional charge.

18.3 We will aim to return lost property within 14 business days of payment being received.

18.4 In the event of Us finding any personal property, We will hold lost property for 1 month before disposing of the item.

19. EVENTS OUTSIDE OUR CONTROL

19.1 We will not be liable or responsible for any failure to perform, or delay performance of, any of Our obligations under these Terms that is caused by an Event Outside of Our Control.

19.2 An Event Outside of Our Control means any act or event beyond Our reasonable control, including without limitation, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations.

19.3. Please refer to clause 6.0 (Travel Insurance).

20. COMPLAINTS AND COMPENSATION

20.1 Should You wish to make a complaint during the Rental Period, You should notify Us of any such complaint promptly, so that every attempt can be made by Us to resolve the issue as soon as possible.

20.2 All complaints must be made whilst You are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Guests have denied Us the opportunity of investigating the complaint during the Rental Period and endeavouring to remedy matters during the Rental Period.

21. LIMITATION OF LIABILITY

21.1 We do not exclude or limit Our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of employees or agents; for fraud or fraudulent misrepresentation.

21.2 If We fail to comply with Our obligations under these Terms, We may be liable to You for loss or damage You suffer that is foreseeable. 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 of the Booking Confirmation, both We and You knew it might happen, for example, if You discussed it with Us during the booking process.

21.3 To the fullest extent permissible by law We exclude any and all promises, warranties, conditions, or representations relating to the service provided by Us that are not set out in these Terms. In particular We do not make any promises representations or warranties with respect to.

21.3.1 The availability of Our Website;
21.3.2 Errors contained in any information which may appear on Our Website or other materials;
21.3.3 The quality, safety, or suitability of the Property.

21.4 You acknowledge that in Booking the Property, all personal belongings and vehicles including the contents of those vehicles, belonging to You and or any member of Your party, is left at the Property entirely at Your and their own risk. We shall accept no responsibility for any loss, or damage to You or Your Guests personal property during the Rental Period.

22. SEVERANCE

22.1 If any provision or part provision of 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 such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

22.2 If one party gives notice to the other of the possibility that any provision or part provision of these Terms and Conditions are invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal valid and enforceable, and to the greatest extent possible, achieves the intended commercial result of the original provision.

23. GENERAL

23.1 No variation of these Terms and Conditions shall be effective unless it is in writing and signed by (i) Us and (ii) the Guest.

23.2 We may transfer Our rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under these Terms. You may only transfer Your rights or Your obligations under these Terms to another person if We agree to this in writing.

23.3 No person other than the Lead Guest, and Us shall have any rights to enforce any of these Terms.

23.4 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 these Terms and Conditions, 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.

23.5 These Terms and governed by English Law. You agree to submit to exclusive jurisdiction of the English Courts. However, if You are a resident of Northern Ireland, You may also bring proceedings in Northern Ireland and if You are a resident in Scotland You may also bring proceedings in Scotland.