Terms and Conditions
Terms and Conditions
NORMAL BOOKING TERMS & CONDITIONS APPLY
- “the Owner” means the owner of the property Julie Brewer
- “the Property” means the Owner’s property as described in the brochure/website www.kingatesfarm.co.uk: Kingates Farm, Newport Road, Whitwell, Isle of Wight PO38 2QP. Julie Brewer on 07407 079289
- “you” means the person booking a holiday in accordance with these conditions
- “the Commencement date” means the date of arrival for the Holiday Period as confirmed by the Owner
- “the Departure date” means the date of the end of the Holiday Period as confirmed by the Owner
- “the Holiday Period” means the period from 3pm on the Commencement Date until 10am on the Departure Date unless otherwise agreed between you and the Owner
- “the Holiday Rental” means the total rental due and payable for the Holiday Period but excludes ferry costs and any other extras
- “Notice in writing” means the notice by post or email to the address given to confirm or amend the booking. If posted (or airmail) adequate time for receipt; if by email, the date and time opened by the Owner. Our admin hours vary but will normally reply within 24 hours
Nature of Agreement: The rental agreement is between the Guest and the Owner. The contract is deemed to have been made once the Owner has received your deposit, completed Booking Form, and dispatched a confirmation of booking in writing (including email). The guest must be over 18 years of age at the time of booking and that at least one member of your party is over 21 years. You shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when the Holiday Period ends.
Booking: The Guest who makes the booking is deemed to have agreed to these Terms and Conditions will be responsible for all persons included in the booking and should ensure that they are all aware of these Terms and Conditions. The Owner reserves the right to decline any booking or refuse to hand over a key to any person who has not complied with these Terms and Conditions. The use of the Property for the purpose of a hen/stag party is not permitted unless agreed by the Owner at the time of booking.
The Holiday Rental does NOT include Holiday Insurance and we advise you DO purchase but it is not compulsory .
Ferry Discounts: We have the option to offer discounted Wightlink and Red Funnel Car Ferry and Catamaran passenger transfers but not on the Hovercraft. Although a combined rail and foot passenger (with bikes or dogs) transfer is very reasonable through Trainline, Southwestern Railway etc. It is always worth checking for any special event/direct Ferry discounts first. We can discuss the easiest routes and transfers* to Kingates Farm at the time of booking. NB; our 4x4 can take four people, 2/3 medium size dogs in the boot, 2 bikes on a rear rack but that leaves little room for luggage!
Number of People using Holiday Accommodation: The owners permit the Guest and members of the guest’s party (but no one else overnight) to occupy the property for holiday purposes only. The Guest must declare the correct number of additional guests during booking and, if this changes, must inform the Owner before the rental commences of any change. No more than the maximum number of persons stated on the website may occupy a property unless by prior written agreement with the Owner. Extra charges may be applicable if the number of guests differs from the number on the booking.
Deposits and Payment: For bookings made more than 60 days before arrival, we require a booking deposit of 10% to secure the Holiday Rental. Then by 60 days prior arrival 100% of the remaining Holiday Rental AND any additional Extras and/or discounted Ferry costs occurred at the time of booking.
1. A provisional enquiry can be made with the Owner, prior to payment to discuss Ferry transfers and/or any further information required but no dates can be held until a deposit/payment made.
2. Once you and the Owner have agreed the itinerary/costs, your Deposit Payment will confirm the Booking Online or by BACS to Julie Brewer, Account 37970002, Sort 60-83-71
3. The Owner will book your Ferry transfers with the details you have given to enable a Ferry Booking SMS message to your mobile and also send an email copy if you prefer to print it off.
4. You will received a Deposit Confirmation with your Booking Reference by email.
5. Your Balance is due 60 days prior arrival, we will send reminders but cannot guarantee receipt of this.
Please check your spam folder within 24 hours if a balance confirmation notice has not received before contacting the Owner. Keep this as proof of your Holiday Rental. Where a guest fails to pay their balance by the due date, your booking (inc Ferry) may be cancelled, Holiday Rental released for booking elsewhere and the deposit retained.
NO Security Deposit: We do not presently apply a security deposit but this may chance in the future. Security Deposits cover any losses, damages and/or additional cleaning charges but we trust you will inform us immediately if anything needs to be repaired, replaced or cleaned.
VAT: The Property Business (Kingates Farm) is not presently VAT registered
No Smoking/fire hazards: Kingates Farm has a strict No Smoking policy within the Properties or any balcony, with designated ash trays in each garden to utilise. Even though we have a No Smoking policy, we cannot guarantee that a prior Guest has not smoked indoors but we will endeavour to neutralise any unwanted odours.
You and your party must not use candles, fireworks, Chinese lanterns or any other naked flames in the Properties. Follow the wood burner instructions, particularly regarding the appropriate fuel to use for your safety (fire lighters, safety matches, kindling and logs are provided).
Late Arrival: Your Holiday Rental is from 3pm on the Commencement Date until 10am on the Departure Date unless otherwise agreed between you and the Owner. If your expected arrival time is some hours later than planned, please inform the Owner as soon as able. Please give us 48 hours notice if you want to book private use of the swimming pool and any additional welcome products on arrival, so you can relax once here.
Parking: Cars should be parked in their associated Cottage parking space/s in a considerate way to other passing courtyard traffic.
Guest Responsibility: The supervision of children, babies, dogs and any adults requiring care remains the responsibility of the Guest at all times. We recommend you familiarise yourself with the layout of the properties (central courtyard with three detached Holiday Cottages), stairs, balcony and indoor swimming pool. Please be careful and considerate to other guest traffic and dog walkers. You must take all necessary steps to safeguard your personal property/any valuable items.
Guests and/or their dog/s should not cause nuisance or annoyance to occupants of any nearby property, read our Dog Policy for more details. Wi-Fi and FreeSat is provided for the guest’s reasonable use and lawful usage of this service. It is rural broadband and has limitations but tell the Owner if you need any help with it.
If the terms and conditions are not adhered to by the Guest and their party, the Owner has the right to evict and you will remain liable for the whole cost of the Holiday Rental and no refund shall be due.
Disabilities: I the Owner recognise my responsibility under the Disability Discrimination Act 1995 not to discriminate in any way. Due to the age of the Properties and location they may not be suitable for people with mobility difficulties. It is your responsibility to state to the Owner, on the Booking Form and/or in writing to the Owner the nature of a disability of any member of your party if necessary, so we can help.
Allergies: If you or any member of your party suffers from a potential allergic reaction, you must inform the Owner at the time of booking. The owner cannot guarantee that transport and/or the properties will be free from any substance which may cause an allergic reaction and in particular that a bird or cat has not strayed in.
Although all of our properties are cleaned between lets and regularly ‘deep cleaned’, we cannot guarantee that properties will be completely free from existing dog hair.
Access: The Owner may need access to the property and gardens for maintenance and will give you reasonable notice. To also clean and refresh linen/towels for stays over 7 days.
Wildlife: Our properties are in a beautiful rural area. Please therefore expect to meet some wildlife, including the odd spider, mouse, bird, fly, bee, wasp or other creature, which may make their way into a property unbeknownst to the Owner.
Cleaning: The Guest is responsible for leaving the accommodation in good order and in a clean condition; otherwise a cleaning charge will be levied. Please note that the convention for UK Holiday Cottages is that guests are expected to leave the property in a similar state to which they find it (reasonable cleaning excepted). Please abide by this convention so we can continue to provide good value for guests.
Guests should not leave any items at the property and, if left, the owner has the right to charge for the removal, return or disposal of those items.
Damage, Loss, Theft: Guests agree to inform owners of any damage or loss however caused during the Holiday Rental. Guests should not remove any items (unless specified or a welcome gift) including consumables and toiletries (we recycle the bottles) from the property but can purchase items as gifts that we have in stock for Guest use. The owner may otherwise ask for reasonable replacement costs.
Cancellations and Insurance: Once the holiday is booked the Guest has entered into a legally binding contract. A deposit of 10% of the Holiday Rental fee is payable at the time of booking, plus any addition Ferry transfer costs, the balance being due at least 60 days before the Commencement Date. Should we not receive the balance by the due date then we will attempt to contact you using the contact details supplied, but it nonetheless remains the Guest’s responsibility to ensure the balance is paid on time.
Once the booking is deemed to have been cancelled, the deposit will be forfeit and we will be free to rebook the property. If the Guest cancels, for whatever reason (including medical and weather related) then only a percentage of the booking fee/deposit will be refunded, and within 7 days of the holiday Commencement Date no refund of the booking fee is due and any Ferry Cancellation fees may also apply.
If a booking is cancelled by you, the percentage of the booking fee charged as a cancellation fee (i.e. not refunded) will depend upon the amount of time still to elapse before the arrival date as per the following:
Cancellations by the Guest:
0 - 7 Days; 100% of Total Costs
7 - 21 Days; 75% of Total Costs
21 - 56 Days; 50% of Total Costs
56 Days and over; Booking Deposit, possible Ferry charges and/or any Extras
We recommend that the Guest will have or will take out a holiday insurance policy (which includes cancellation insurance covering sickness (inc infectious diseases) and unavoidable reasons for cancellation) prior to their stay but this is not compulsory.
Cancellations must be notified in writing (including by email) to the Owner immediately. The Owner will endeavour to re-let the property and if successful may at their discretion allow the guest to transfer to alternate dates and/or accommodation for the applicable cancellation fees plus any other expenses incurred in re-letting.
If you want change your booking (inc Ferry):
If you want to change any detail of your confirmed booking you may discuss with the Owner initially by telephone, then unless already resolved, you must put in writing (including email) as soon as possible.
There is no penalty, provided the new Holiday Rental booking fee exceeds the price of the old one, the transfer is to an earlier date and there are no additional (Ferry) third party fees.
Whilst we will do our best to accommodate you, we cannot guarantee that we will be able to meet any request for changes. Please note that there is a low possibility for us to change Holiday Rentals less than 28 days before the Commencement Date but we will try our best. Although Ferry travel and transfers are fairly flexible, changes are subject to availability, costs and peak season supplements.
Complaints from the Guest: It is the duty of Guests to minimize any loss to them and therefore it is their responsibility to inform the owner at the earliest possible opportunity of any problem. The Owner cannot be held responsible for any perceived inadequacies in any of the properties. Property descriptions and all details both written and verbal given in good faith and believed to be correct, but interpretation thereof can be subjective. Property details may vary over time from photographs and descriptions on marketing materials and websites.
Complaints received after Departure cannot be accepted as the Owner thereby has no opportunity to resolve the complaint at the time.
Our liability to you: The Owner will not be responsible for any failure to perform obligations under these terms and conditions that is caused by an event outside our control. If we are negligent, our liability to you will be limited to the loss or damage which was a direct result of such negligence. The maximum liability accepted by the Owner will be the total cost of the Holiday Rental as paid by the Guest. No other expenses such as travelling costs or alternative accommodation will be accepted.
Cancellation by Owners: The Owner reserves the right to refuse any booking and to cancel any bookings already made if the property is unavailable (e.g. through fire, flood, etc.) for any reason, subject to a full refund of all monies paid to Owner (but no further liability). In the unlikely event of your Property being unavailable, the Owner will make every possible effort to secure an alternative Kingates Farm Holiday Cottage if required, with your agreement.
- Discounts are only valid on new bookings and not after the booking has been made
- Discounts cannot be combined with any other offers or discounts
- Discounts can only be used against the value of the Holiday Rental and not any addition costs
- Discounts are on a first come, first booked basis and can be altered or removed at any time without prior notice
- Our Terms and Conditions apply on all bookings, made with or without a discount
Governing Law: These Terms and Conditions are governed by English law. You and the Owner both agree to submit to the non-exclusive jurisdiction of English Courts.
Last updated: Sunday, May 20, 2018 12:00 AM
Some key terms are defined as follows, and throughout this document:
- Kingates Farm ("Kingates Farm", "www.kingatesfarm.co.uk", "we", "us", or "our") is the company that collects and processes Personal Data for the purposes described in this Policy.
- SCRUMPY Ltd ("SCRUMPY") is the company that we use for hosting our website, booking system & CRM (+ other functionality).
- Our Services are detailed in the 'About Kingates Farm' section.
- Personal Data is any information relating to an identified or identifiable natural person ("Data Subject")
The way in which we store data, process data and run our business is done in a GDPR compliant manner. Upon request we can provide details of data flow, a data inventory, a data breach policy, an employee dismissal log, details on the employee security training we have in place and more. Please follow the instructions in the contact section below to request any information not present in this policy.
In short, we only gather Personal Data we need, we only keep it for as long as is needed, we only use it for what we state below, you can request to correct/edit/remove it, we store it securely, we do not pass it to third parties unless otherwise stated and we aim to be transparent with how we use Personal Data.
About Kingates Farm
Kingates Farm is a vacation rental business. We advertise vacation rental properties, take enquiries about these properties, take bookings at properties, take payments towards bookings and provide other booking related services.
Kingates Farm uses SCRUMPY, an online website management & booking system to produce our website, keep track of bookings, enquiries, payments and more.
Kingates Farm is committed to the protection of Personal Data, including data that we use for our own purposes, and that we maintain on behalf of any property owners we may work with.
Collection and Use of Personal Data
Kingates Farm collects information, including Personal Data, for the following purposes:
- Improving our website's content and user experience
- Internal business purposes
- Facilitating and storing the details of online & offline bookings/payments
Your consent to this policy (where requested) is tracked.
This Policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable individual (Data Subject).
The services of Kingates Farm are not directed to children under 16. If you learn that a child under 16 has provided us with Personal Data without consent, please contact us.
The use of our website by an individual classes them as a 'legitimate interest', visiting the site is enough to identify this, data associated with an individual's visit needs to be processed for efficient site operation. Any data collected will be used in a conservative way to help maintain the individual's rights & freedoms.
Improving our website's content and user experience
In the course of providing the website hosting services, SCRUMPY may receive, access, analyse, process and maintain Personal Data on behalf of us.
We determine the types of Personal Data that will be collected and used within SCRUMPY, how it will be used and disclosed, and how long it will be stored. For any questions relating to how your Personal Data is used by SCRUMPY which are not covered in this policy, please contact SCRUMPY directly via email: firstname.lastname@example.org.
SCRUMPY's Usage Information is collected, including information about how you are accessing and using our site. SCRUMPY directly uses information to understand and improve their services and exposes it to us so that we able to do the same for our business. Usage information may also be used to investigate and prevent security issues, abuse and fraud.
Internal Business Purposes
We may collect personal data from you through our Website (www.kingatesfarm.co.uk), social media, over the phone, and other channels for the following purposes:
Responding to your enquiries: When you contact us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and offerings.
Informing you about offerings: We may use your contact information for our own marketing or advertising purposes. We do not sell or rent your Personal Data to third parties. You can opt out of these at any time by following the steps outlined below.
To Understand and Improve our Services and Website Service Usage Information is collected, including information about how you are accessing and using the Service. We use this information to understand and improve our Services, and to investigate and prevent security issues, abuse, fraud.
Facilitating and storing the details of online & offline bookings/payments
We collect Personal Data via our online booking form, over the telephone or via other channels to be able to store a record of who has (attempted to, confirmed, cancelled, etc) booked a property we may be or have been advertising.
Third Party Links
Third Party Tools/Services
We use a number of third party tools & services (sub-processors) that Personal Data may be sent to, including:
- Google Analytics: To help us gain an insight into the performance and usage of our website.
- FullStory: To help improve the user experience of our website by recording a sample of user sessions.
We have different timeframes on various elements of Personal Data that we hold dependent on its purpose. Once we no longer need to retain your Personal Data, we will make sure that it is deleted or anonymised.
We retain Personal Data provided for bookings indefinitely as these records form important financial evidence for tax purposes. We can at request de-personalise booking data, we may not be able to do this if we still need said Personal Data for tax or other legal purposes.
Disclosure of your Personal Data
As a matter of practice, Kingates Farm does not disclose, trade, rent, sell or otherwise transfer Personal Data, except as set out in this policy.
We may transfer or disclose Personal Data as follows:
Service Provider Arrangements
We may transfer (or otherwise make available) Personal Data to third parties who process it on our behalf for the purposes noted above. These third parties may access, process or store personal data in the course of providing these services, but based on our instructions only.
As of the date hereof, these third party providers include technical operations such as database monitoring, data storage, hosting services and customer support software tools.
Changes to our Business Structure
Kingates Farm may share or disclose data if we engage in a merger, acquisition, bankruptcy, dissolution, reorganisation, sale of some or all of Kingates Farm's assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
Compliance with Laws
Kingates Farm and the providers we use may share or disclose Personal Data to comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.
Enforcing Our Rights, Preventing Fraud, and Safety
Kingates Farm may share or disclose data to protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigation and preventing fraud.
In short, the personal data you provide to us can be provided upon access, we protect it to the best of our ability, we can amend it for you upon request and remove it from our systems upon request.
If you have any complaints, concerns or queries about how we manage Personal Data, please contact us by emailing email@example.com. If you are in the European Union you have the right to complain to your local Data Protection Authority about the collection and use of your Personal Data.
Access and Correction of Personal Data
If we receive a request from an individual to access or update Personal Data we have collected we will endevour to respond to said request.
If you submit Personal Data via our Website or otherwise provide us with your Personal Data, you may request access, updating or correction and removal of your Personal Data by submitting a request to us via our contact form. We may request certain Personal Data for the purposes of verifying your identity.
How We Protect Personal Data
Kingates Farm takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorised access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.
To learn more about current practices and policies regarding security and confidentiality of Personal Data and other information, please see the Security Practices section; we keep that section updated as these practices evolve over time.
As a business both we and the third parties we trust, follow good security practices to help keep Personal Data secure.
Kingates Farm uses SCRUMPY, SCRUMPY is hosted on Amazon Web Services. As such, Kingates Farm inherits the control environment which Amazon maintains. In short web servers and databases run on servers in secure data centers.
SCRUMPY encrypts all customer data input via the website & booking management system both in transit and at rest. Communications between you and SCRUMPY (our website) are encrypted via HTTPS and Transport Layer Security (TLS) industry best-practices.
Access to Personal Data is limited via a user management system controlled within SCRUMPY. We ensure that anyone with access to Personal Data at Kingates Farm has an awareness of GDPR & good security practices.
In the event of a Personal Data breach we will endevour to notify the relevant legal authorities and inform the effected individuals within 72 hours of identifying said breach. If you believe you have discovered a personal data breach please contact us using the details below immediately.
Please contact us if:
- you wish to access, remove, update, and/or correct inaccuracies in your Personal Data; or
- you otherwise have a question or complaint about the manner in which we or our service providers treat your Personal Data.
Kingates Farm, Newport Road, Whitwell, Ventnor, Isle of Wight, PO38 2QP United Kingdom
Registered Office: Kingates Farm, Newport Road, Whitwell, Ventnor, Isle of Wight, PO38 2QP United Kingdom