BOOKING TERMS & CONDITIONS

1. About these Terms and the booking contract

These Booking Terms & Conditions apply to bookings for Birch Holiday Stays properties at Kingsbridge and Maryport. The person who submits the booking request is the “Lead Guest” and is responsible for ensuring that everyone in the booking party is aware of and complies with these Terms.

By ticking the acceptance box and submitting a REQUEST TO BOOK, the Lead Guest confirms that they have read and have agreed to these Terms. Submitting a request does not itself create a confirmed booking.

A booking becomes confirmed only after Birch Holiday Stays has accepted the booking request and the payment required to confirm the booking has been received. The Booking Confirmation, together with these Terms and the property information shown before booking, form the agreement between Birch Holiday Stays and the Lead Guest.

2. Booking request and confirmation

The guest selects the requested dates and completes the booking form. No payment is taken simply by submitting REQUEST TO BOOK.

Birch Holiday Stays will review the request. If the requested stay is accepted, the Lead Guest will receive a secure payment link for the amount required to confirm the booking.

Until that payment has been received, the request should not be treated as a confirmed booking. If the request cannot be accepted, Birch Holiday Stays will inform the guest and no payment will be due.

3. Prices, seasons and minimum stay

The price shown for the selected property and dates before REQUEST TO BOOK is submitted is the accommodation price for that request. Prices vary by property and season. The price stated in the accepted Booking Confirmation is the agreed accommodation price for the booking.

For stays that do not correspond exactly to a weekly period, the booking system will calculate the total using the applicable pricing rules shown at the time of booking.

4. Payment, 25% booking deposit and remaining balance

Payment may be made by PayPal or by debit/credit card through the secure payment options provided. Card details must be entered only through the secure payment provider and must not be entered directly into the Birch Holiday Stays booking form.

If a payment is declined, cancelled or not completed, the booking will not be treated as paid or confirmed until the required payment has been successfully received.

After Birch Holiday Stays accepts the booking request, a booking deposit equal to 25% of the total accommodation cost is required to confirm the booking. The booking deposit forms part of the accommodation price; it is not an additional charge.

The remaining 75% balance is due 4 weeks before the arrival date. Birch Holiday Stays may send a payment reminder before the due date.

If a booking request is accepted within 4 weeks of the arrival date, the full accommodation price will be due to confirm the booking.

If the balance is not paid when due, Birch Holiday Stays will contact the Lead Guest. If payment remains outstanding after reasonable notice, Birch Holiday Stays may cancel the booking. Any amount retained will be dealt with under the Cancellation Policy and will not exceed the amount Birch Holiday Stays is reasonably entitled to recover.

5. Cancellation Policy

If you are unable to take up your booking, please tell Birch Holiday Stays as soon as possible. This single Cancellation Policy applies whenever the booked stay is not taken up.

Birch Holiday Stays will take reasonable steps to re-let the cancelled dates. Any amount retained will reflect the actual net loss arising from the cancellation, together with reasonable administration costs actually incurred, and will take account of any income received from re-letting the property.

The 25% booking deposit may be retained where it reasonably reflects Birch Holiday Stays’ loss. If the booking is cancelled within 4 weeks of arrival and the property cannot reasonably be re-let, a greater amount may be retained, up to the actual net loss arising from the cancellation.

If the property is re-let, any refund calculation will take the replacement income into account. Any refund due will be made promptly.

We strongly recommend that guests arrange suitable travel insurance to cover circumstances that may prevent them from taking up their booking.

Accommodation booked for a specific date or period does not generally benefit from the statutory 14-day cancellation right that applies to some distance contracts.

6. If Birch Holiday Stays has to cancel

If Birch Holiday Stays has to cancel a confirmed booking because the booked property cannot reasonably be provided, we will notify the Lead Guest as soon as reasonably possible and refund the accommodation payments made for the cancelled stay.

Nothing in these Terms limits any statutory rights or any liability that cannot lawfully be excluded.

7. What is included

Electricity is included in the accommodation price unless the property information clearly states otherwise.

At both properties, duvet covers, mattress and pillow protectors, bottom sheets, pillowcases, hand towels, bath towels and tea towels are provided.

Guests should check the property information before travelling for any additional items they may wish or need to bring.

8. Check-in and check-out

Check-in is from 3:00 pm on the arrival date for the Kingsbridge house and 4:00 pm for the Maryport house and check-out is by 10:30 am on the departure date for both properties, unless Birch Holiday Stays has agreed a different arrangement in writing.

Guests should not enter the property before the agreed check-in time or remain after the agreed check-out time without prior permission.

9. Occupancy, visitors and use of the property

The number of overnight guests must not exceed the number shown on the Booking Confirmation unless Birch Holiday Stays has agreed otherwise in writing in advance.

The property is provided for private holiday accommodation only and must not be used for commercial purposes, parties or events unless agreed in writing.

People who are not included in the booking must not stay overnight or use the property’s facilities as guests without prior permission from Birch Holiday Stays.

The Lead Guest is responsible for making sure that all members of the party understand and comply with these rules.

10. Accessibility

Guests should read the accessibility information for the relevant property before booking and contact Birch Holiday Stays if any member of the party has mobility or accessibility requirements.

Kingsbridge: the property has steep steps from the public footpath to the front door, internal stairs from the living area up to the kitchen and bathroom, stairs down from the bedrooms to the bathroom, a narrow bathroom and a shower over the bath. These physical features mean that the Kingsbridge property is not suitable for guests with reduced mobility.

Maryport: the principal accommodation and facilities can be used on the ground floor, including a wet room.

Guests with specific accessibility requirements should contact Birch Holiday Stays before booking so that we can provide factual information about the relevant property and consider reasonable requests where applicable and practicable.

11. Dogs

A maximum of one well-behaved dog is permitted per booking at either property.

The Lead Guest must ensure that the dog is kept under proper control, is appropriately vaccinated and treated for fleas and ticks, and is kept off the beds.

Any accident inside the property must be cleaned promptly and guests must clear up after their dog outside. The Lead Guest is responsible for damage or exceptional cleaning reasonably attributable to the dog.

12. Smoking and vaping

Smoking and vaping are not permitted inside either property or in its garden.

A serious or repeated breach of this rule may result in the stay being terminated where this is reasonable in the circumstances. Any financial consequences will be dealt with in accordance with these Terms and applicable consumer law.

13. Behaviour and consideration for others

Guests must show reasonable consideration for neighbours, Birch Holiday Stays and other people. Behaviour that causes substantial nuisance, harassment, danger, significant disturbance, unlawful activity or damage is not permitted.

If the Lead Guest or a member of the party commits a serious or material breach of these Terms, Birch Holiday Stays may require the breach to be remedied within a reasonable time where appropriate. In serious cases, including risk to people or property, substantial nuisance or unlawful activity, Birch Holiday Stays may refuse access or terminate the stay. Any refund or amount retained will be determined reasonably in the circumstances and in accordance with applicable consumer law.

14. Care of the property, damage, breakages and cleaning

Guests must take reasonable care of the property, its furniture, equipment, fixtures and fittings and leave it reasonably tidy and clean at the end of the stay. Fair wear and tear is excluded.

Damage or breakages should be reported to Birch Holiday Stays as soon as reasonably possible.

Where damage is caused by a guest, a member of the party or the permitted dog, Birch Holiday Stays may recover the reasonable cost of repair or, where repair is not reasonable, replacement, taking account of the age and condition of the item and fair wear and tear.

Where additional cleaning is reasonably required because the property has been left in an unusually poor condition, Birch Holiday Stays may recover the reasonable additional cleaning costs actually incurred.

15. Access to the property during the stay

Birch Holiday Stays or its representative may enter the property where reasonably necessary, normally giving at least 6 hours’ prior notice.

No prior notice will be required in an emergency or where urgent access is reasonably necessary to protect people or property.

16. Parking

Kingsbridge: parking for one vehicle is provided in the allocated parking area at Church Close, just off Church Street, space No. 37. No other space in this car park may be used. The entrance to the parking area immediately opposite the cottage must be kept clear at all times for the residents of that property. Off-loading can take place in Duncombe Street or Waterloo Road.

Maryport: unrestricted on-street parking is normally available in the cul-de-sac outside the property on a first-come, first-served basis. A particular space cannot be guaranteed.

17. Waste and recycling

Guests must dispose of household waste and recycling responsibly using the designated receptacles and in accordance with the waste and recycling instructions provided at the property.

Before departure, all household rubbish must be removed from inside the property and placed in the appropriate receptacles.

Property-specific collection-day and bin-placement instructions are provided in the Welcome Guide at each property.

18. Personal belongings and vehicles

Guests are responsible for taking reasonable care of their personal belongings and vehicles.

Birch Holiday Stays is not responsible for loss or damage unless it results from our negligence, breach of contract or another matter for which liability cannot lawfully be excluded.

19. Problems during the stay and complaints

If a problem arises on arrival or during the stay, please tell Birch Holiday Stays as soon as reasonably possible so that we have an opportunity to investigate and, where possible, put matters right.

We take complaints seriously and will make reasonable efforts to resolve them.

If a problem is not reported when it reasonably could have been, this may affect what remedy can fairly be provided, particularly where Birch Holiday Stays was denied an opportunity to investigate or resolve it. Nothing in this clause removes or limits statutory rights.

20. Our responsibilities

Birch Holiday Stays will make reasonable efforts to keep the property and the items provided in reasonable working order and to repair or replace items that are not working or are missing where this is reasonably practicable.

We take reasonable care to ensure that the information and photographs describing each property are accurate and up to date. If we become aware of a material change that could reasonably affect the stay, we will tell the Lead Guest as soon as reasonably practicable.

Nothing in these Terms affects the guest’s statutory rights.

21. Events beyond our reasonable control

Birch Holiday Stays will not be responsible for delay or failure to perform an obligation where this is caused by an event genuinely beyond our reasonable control, provided that we take reasonable steps to reduce the effect of the event and notify the Lead Guest where appropriate.

Such events may include severe weather, fire, serious interruption to essential utilities, government restrictions, civil disturbance, industrial action, transport disruption or other comparable events outside our reasonable control.

If such an event means that we cannot provide the booked accommodation, we will explain the options available, including any refund due for accommodation that cannot be provided. Nothing in this clause excludes liability that cannot lawfully be excluded or affects statutory consumer rights.

22. Privacy and marketing

Birch Holiday Stays processes personal information in accordance with its Privacy Policy and applicable UK data protection law. The Privacy Policy explains what information is collected, why it is used, how long it is kept, who it may be shared with and the rights available to individuals.

Marketing preferences are handled separately from these Booking Terms & Conditions. Where consent is required, it will be requested separately and will not be a condition of making a booking.

23. Law and jurisdiction

These Booking Terms & Conditions are governed by the law of England and Wales.

The courts of England and Wales will have jurisdiction, subject to any mandatory rights a consumer may have to bring proceedings in another court.

24. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply so far as legally possible.

Any change to an individual booking agreed between Birch Holiday Stays and the Lead Guest should be confirmed in writing.

These Terms replace earlier Birch Holiday Stays booking terms from the effective date stated on the published version.