Shirwell Park Ltd and the Customer acting on behalf of the Interested Parties, (that being the persons identified on the registration form to be completed by the Customer on arrival).
- Reference to any statute or any statutory provision includes a reference to a) that statute or statutory provision as from time to time amended, extended or re-enacted or consolidated and b) all statutory instruments or orders made pursuant to it.
- Words denoting the singular number only shall include the plural and vice versa.
- Unless the context otherwise requires references to any clause, sub clause or schedule is to a clause, sub-clause or schedule of or to this agreement
- The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this agreement
- The Customer is the person who accepts this contract on behalf of themselves and all other Interested Parties. Acceptance will be deemed to have occurred on signature of the Registration Form within 24 hours or payment of the deposit unless an objection to any of the terms has been sent and acknowledged by Shirwell Park ltd.
Terms and Conditions:
1. The Agreement
The Customer and Shirwell Park Ltd acknowledge that this agreement forms the entire agreement between Shirwell Park Ltd and the Customer and the Customer acting on behalf of all Interested Parties and where any of the booking terms and conditions are deemed unenforceable then all other parts of this agreement shall remain in full force and operation and shall be enforceable between the parties.
Unless otherwise referred to, reference to the “Customer” applies to the person authorised to agree to the booking conditions on behalf of all persons listed on the Registration Form.
The use of the accommodation and facilities at Shirwell Park are entirely at your own risk and no responsibility will be accepted for injury, loss or damages to the Customer or the Interested Parties, their belongings or their motor vehicles.
2. The Rental:
The Rental confers upon the Customer the right to occupy for Bed and Breakfast lodging only, and the Booker acknowledges that the rental granted by this Agreement is not an assured tenancy and that no statutory periodic tenancy will arise.
3. Acceptance of these terms:
The Customer acknowledges that he, she or they are authorised to accept these terms and conditions on behalf of all Interested Parties listed on the Registration form and that he, she or they and those persons who are listed on the Registration form are aware of the booking terms and conditions and have agreed to be bound by those conditions and are required to acknowledge the following:
- Only those persons listed as Interested Parties, as shown on the Registration form, will be staying in the rooms allocated to them.
- Bookings made online may be subject to differing terms and conditions in force at the time of booking, This is to protect your security in carrying out the booking and providing credit card details over the internet.
- These booking terms and conditions shall be subject to English law and time shall be of the essence.
4. Payment Policy:
- A valid credit card is required to guarantee a reservation.
- Payment method: Credit cards: as a small business, banks charge us significantly more by way of bank charges which has forced us to add a supplement to bills for guests wishing to pay this way. We accept all major credit cards, but will add a 2% surcharge. We also accept Debit Cards for which there is no additional charge. For international guests we can accept international bank transfers for which transaction charges will be e-charged to and paid by the customer at cost.
5. Cancellation Policy:
Cancellation by the Guest
We are a small business, so cancellations can have a big impact on us, especially if we have turned away potential guests in favour of someone who has already booked and who subsequently cancels.
We do, however, appreciate that unforeseen circumstances can arise, and we try to be as sympathetic and helpful as possible in such cases.
In the event of a cancellation up to 7 days prior to the scheduled date of arrival no charge will be made.
If you cancel your reservation within 7 days of the scheduled date of arrival a cancellation charge equivalent to the room(s) single night rate will be made.
Guests failing to arrive, without notification, may be responsible to a charge equivalent to the total reservation price. We take all Bookings in good faith, as we are unable to judge reasons for change, cancellation or non-arrival, guests are reminded that no exceptions will be made and that any booking made with Shirwell Park Ltd for either accommodation or goods, services and meals that are pre booked (verbal or written) forms a legally binding contract. For this reason we advise that you take out a suitable insurance product to cover against unexpected costs such as cancellation fees.
Cancellation by Us
Should it become necessary for us to cancel a booking we will contact you immediately. Any payments made will be refunded in full. Should you wish to, we will attempt to book you into another local bed and breakfast. Our liability will not extend beyond these conditions.
6. Price Alterations
We reserve the right to adjust prices quoted on our website, other adverts or on details about the property at any time. This will not affect any prices we have previously confirmed with you.
7. Size and Party
Shirwell Park does not accept guests under the age of 18 .
The Customer certifies that:
- They are over 18 years of age and will be staying at Shirwell park ;
- All persons listed on the Registration Form are over 18 years of age
- The have agreed that they act as principal and have absolute liability for persons listed on the Booking Form at all times .
8. Animals and Pets policy:
The only pets accepted at this property are dogs. A maximum of 2 dogs are allowed at an additional cost of £15.00 per animal per night.
Dogs may only be booked into the Pine room (max 2) and the Blue room (max 1).
Customers agree to comply with the dog’s policy set out below:
- Dogs are not allowed into the bedrooms or the Morning room or the Dining Room, or onto the furniture.
- The Customer will be responsible for ensuring that animals are not left alone or unattended in the property and/or its grounds.
- When in the property dogs will be restrained by the Customer from persistent barking, fouling the rooms, chewing/scratching the furnishings or getting on the furniture.
- The Customer is expected to organise sleeping and feeding arrangements for the animals.
- In the interest of keeping the gardens as clean and tidy as possible, the Customer agrees to clean up any mess made by the animal.
- The Customer will bring their own towels to clean the dogs with and not use towels supplied by Shirwell Park .
- The Customer will provide their own dishes for the dog to eat and drink from.
- The Customer will settle costs for any damages that the dog causes which damages the property or stops the property being re-let.
- While Customers are in the dining room for breakfast and dinner they are required to ensure that their dogs are kept in a car to ensure other guests are not inconvenienced.
- If for any reason the above are not adhered to the Customer agrees that all Interested Parties and the dog(s) will vacate Shirwell Park immediately without compensation.
The Customer acknowledges that Shirwell park is a small establishment with a limited number of staff. Accordingly there will be occasions when staff members are unavailable due to sickness or time off. Shirwell Park limited will try to minimise any inconvenience this may cause to Customers by arranging for temporary staff where practicable.
The Customer confirms that they have fully disclosed to a representative of Shirwell Park limited any disability or incapacity that impedes descending stairs unaided or without assistance or hearing difficulty that may restrain hearing the fire alarm system so that an appropriate plan can be put in place.
Health & Mobility
The property summary details aim to give accurate descriptions of the properties. Should there be any specific health or mobility difficulties which may affect a party member, we request that this is pointed out at the initial reservation stage, so the suitability of the property can be established.
Rural Life and Safety
Shirwell Park accepts no responsibility or liability in connection with the suitability or non-suitability of the property for any of the Interested Parties. The Customer accepts that the property is situated in a rural area and is affected by local country pursuits, including but not limited to animal noise, grass cutting and ancillary agricultural noise which may be experienced. The existence of natural flora and fauna at the property means that insects and other wildlife are not uncommon, and the Customer and the other Interested Parties acknowledge the rural nature of the property.
Shirwell Park cannot be held responsible for any limitations placed on the Customer and other Interested Parties due to adverse weather conditions which may affect travel to and from Shirwell Park .
The property is a Listed Building in accordance with the provisions of Section 54 of the Town and Country Planning Act 1971. The Property and fittings at the Property will not necessarily benefit from current safety and design features. Shirwell Park ltd accepts no responsibility or liability in connection with the suitability or non-suitability of the Property for the Customer or Interested Parties.
10. Arrival and Departure times
After 1600hrs on the day of your booking.
You must vacate the property by 11am on the day of departure.
The Customer may request a key to the manor house door. For security purposes this key must be returned to the housekeeper no later than at breakfast the next morning. Guests will need to sign the key log book to acknowledge receipt of this key. Guests accept that failure to return the key to the manor house door will result in Shirwell Park changing the lock to this door, a cost for which the guest will be liable.
11. Lost property
We cannot accept responsibility for any items you leave behind in the property after your stay, but if you contact us we will endeavour to locate the lost item (s) and agree the means to return it. Any unclaimed items will be disposed of after two weeks.
12. Customer Obligations
You agree to:
- Take reasonable care of the property and equipment at Shirwell park .
- Pay for any losses or damages to the property caused by the negligence of an Interested Party
- Not to smoke or allow others to smoke inside the property.
- If anyone of the Interested Parties smoke outside the property, ensure that all cigarette butts are cleaned up appropriately.
- Pay for any optional extras at the rate stated on the website.
- To dispose of any waste in accordance with our waste disposal requirements.
- Customers recognise that Shirwell Park is an old property and whilst every effort is made to ensure that all facilities are fully functioning, there may be an occasion when equipment malfunctions. Shirwell Park Ltd and its employees will make every effort to ensure that in such circumstances, the problem is rectified expeditiously, however the guests recognise that it is not reasonable to seek a refund of all or any of the cost of their stay if there is an equipment malfunction.
- Read the risk assessment policies and health and safety report that are available on the website (www.shirwellpark.co.uk ) and note their contents.
13. It is mutually agreed that:
- Should the property, for reasons beyond our control (e.g. fire, theft, sale etc), not be available on the date booked or the property is not available for use any charges paid in full by you to Shirwell Park Ltd will be refunded in full. You accept that you will have no further claim against Shirwell Park ltd or any of its employees .
- Shirwell Park and its employees accept no liability for any accident, damage, loss, injury, expense, or inconvenience whether to person or property which the Customer or any other Interested Party may suffer or incur that arise out of their stay at Shirwell park or is in any way connected with the stay.
- Shirwell Park and its employees are entitled to assume all Interested Parties have familiarized themselves with the health and safety report that is on the Shirwell Park Limited website, a copy of which is in the guests handbook in each bedroom and will take appropriate action to ensure they do not have any accidents.
- Shirwell park and its employees are entitled to assume that all Interested Parties will be responsible when consuming alcohol and ensure that particular care is taken to prevent accidents.
- Shirwell Park operates a zero-tolerance policy towards abusive behaviour of their staff. In the unlikely event that a guest is disrespectful or aggressive towards a Shirwell Park employee this will constitute a breach of contract and the guests will be required to leave the property immediately.
- Shirwell Park aims to ensure that information is accurately conveyed on the website. Any changes to the property and its facilities will be notified to you as reasonably practical. We cannot accept responsibility for any changes or claims to the area amenities mentioned on our website.
- Any unresolved disputes can be referred to the jurisdiction of the English Court only and will be governed by English Law.
- The Customer agrees not to consume their own food within the house or grounds including the swimming pool area.
- The Customer acknowledges that he / she is not permitted to invite people who are not staying at Shirwell Park onto the Estate without the prior written consent of a representative of Shirwell Park.
14. Wi-Fi usage
The availability of any Wi-Fi service in the property is not guaranteed. In the event that Wi-Fi is available in the property, the Customer agrees not to 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;
- Involves downloading, altering, e-mailing and distributing copyrighted content unless certain that the owner of such works has authorised its use by you
- Constitutes or is capable of constituting a criminal offence or is otherwise unlawful or inappropriate, either in the United Kingdom or in any state throughout the world.
The Customer agrees to compensate Shirwell Park ltd fully for any claims or legal action made or threatened against it or its employees by someone else because the Customer has used the service in breach of these Wi-Fi usage terms and conditions.
15. Grounds and Swimming Pool
- You will not allow anyone other than an Interested Parties onto the grounds, into the house or to use any of the facilities including but not limited to the swimming pool and the tennis court without the prior written agreement of Shirwell Park Ltd.
- You will indemnify Shirwell Park against any or all costs they may incur if you fail to use best efforts to comply with this clause
- Failure to comply with this clause will result in immediate termination of the contract without any compensation.
- The walled-gardens are part of a working farm; you will ensure that no flowers, fruit, vegetables or herbs are cut or damaged by any Interested Party or pet.
- You will ensure that all Interested Parties comply with the Pool House Rules listed below
The use of the swimming pool, the walled gardens and surrounding facilities by any Interested Party is entirely at their own risk.
Prior to accessing the fenced off pool area or the tennis court the Customer must notify a representative of Shirwell Park limited and sign a form accepting that there are inherent health and safety issues with using these facilities for which the Customer takes full responsibility.
Interested Parties should adhere to the following:
- No running.
- No diving.
- No glasses or glassware by the swimming pool.
- Persons under the age of 18 must be supervised at all times by an Interested Party.
- No dogs allowed in the swimming pool.
- If an Interested Party removes the swimming pool cover they must Ensure the swimming pool cover is replaced at the end of their use of the Pool.
- At least one suitably experienced swimmer should be present at any time when the swimming pool is being used.
- Do not use the swimming pool if you have the influenza, open wounds or warts.
- Only wear a swimming suit in the pool not shorts or other clothing.
- Always shower prior to using the swimming pool.
- Avoid swimming under water whilst holding your breath, especially after hyperventilating.
- The Interested Parties may use the grounds; please respect the fact that it’s a working farm and the fields that are fenced are growing grass as a crop – please walk around the edge or in the woods.
16. Use of Property
Arrival & Departure: Arrival is between the hours of 16.00hrs and 19.00hrs. Late arrivals can be arranged up to 22.00hrs if pre agreed. Note: We are unable to accommodate arrivals after 2200 hrs. Departure time is up to 11.00hrs.
Reasonable quantities of luggage can be stored for arrivals before 16.00 hrs, and for guests after 11am on their date of departure.
The Smoking of cigarettes, electronic cigarettes, cigars, pipes in any of the Shirwell Park facilities including within the fenced perimeter of pool are all strictly prohibited.
The Customer acknowledges that the charging of electronic cigarettes within guest bedrooms or elsewhere within Shirwell Park is strictly prohibited .
Smoking is not permitted at the Property. In line with current UK legislation, Shirwell Park operates a no smoking policy and we would kindly ask that there is no smoking on the premises. Non-compliance with this condition carries a penalty charge of £150.00 to cover the cost of additional cleaning & laundry to prepare the room for re letting.
We ask guests to take reasonable care of the fixtures, fittings and furniture during their stay. While we accept that accidents do happen, if there is any damage to fixtures, fittings or furniture due to your negligence during your stay, compensation will be sort to recover full costs of repair or replacement.
Off street parking is available free of charge for one car per room. Shirwell Park does not accept liability for vehicles parked on its premises or any contents within the vehicle which are left entirely at the owners risk .
PHOTOGRAPHY & DRONE POLICIES
Photography at Shirwell Park
Shirwell Park does not permit photography or filming on its property for commercial use or for reproduction in any form without prior written consent from Shirwell Park ltd. Images taken on Shirwell Park properties and land may not be sold commercially, submitted to photo libraries, agencies or on-line providers or provided directly to image buyers without Shirwell Park’s prior written consent, which may require a fee for the location licence. If it is found that photographers have breeched this condition, they will be asked to remove from the site without permission and legal action could follow if required or deemed necessary given the exposure and/or use of the location in commercial photography.
Drones at Shirwell Park.
The use of Unmanned aerial vehicles (UAVs) or drones is not permitted on or over any Shirwell Park land without the prior written approval of Shirwell Park Limited. Permission will not be granted to fly for amateur or student filming or approve requests from any fliers who seek permission in return for access and use of the footage obtained. If use is approved by Shirwell Park ltd then the following conditions will apply.
Drone Flight Conditions (If Approved)
All operators must hold the following:
- A current and valid CAA (Civil Aviation Authority) ‘Permission for Aerial Work’ (PFAW) licence.
- Evidence of valid insurance cover with a minimum of £5million cover.
- A risk assessment for the proposed flight.
- A method statement outlining what equipment will be used.
- A flight plan outlining where flying is proposed.
All drone operations must be conducted strictly in accordance with CAA legislation and regulations, two elements to draw attention to below:
- (UAVs) /drones are not permitted to be flown within 50 metres of any vessel, vehicle or structure which is not under the control of the person in charge of the aircraft.
- UAVs/drones should not be flown within 50 metres of any person except during take-off or landing or within 30 metres of any person except for the person in charge of the aircraft.
All requests for permission to undertake professional and/or Semi-Professional photography or flights by drones or UAVs of any kind at Shirwell Park should in the first instance be referred to a member of staff