1. What these terms cover

These are the terms and conditions on which we supply services.

 

Why you should read them:

Please read these terms carefully before you reserve your room, as these terms are binding.  They tell you who we are and how we will provide services to you, how you and we may change or end the contract and if there is a problem, what to do. If you think that there is a mistake in these terms, please contact us to discuss.

 

2. Information about us and how to contact us

 

Who we are:

We are Anthony Letcher and Lance Fisher. We are a partnership trading as Underhill Barn B&B. Our address is Underhill Barn, Southleigh, Colyton, Devon, EX24 6SA.

 

How to contact us:

You can contact us by using any of the details contained on our Contact page.

 

How we may contact you.

If we have to contact you we will do so by telephone or by writing to you by email or postal address you provided to us when making your reservation.

 

"Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes email but not fax.

 

3. Our contract with you

 

How to place your reservation:

You can place a reservation online via our website (www.underhillbarn.co.uk) or by contacting us using the details available on our Contact page.

 

How we will accept your reservation:

Our acceptance of your reservation will take place when the following two items have occurred; we email you to accept your reservation and secondly when we have taken your 40% deposit and payment card details.  On satisfactory completion of those requirements, a contract will come into existence between you and us and you will receive an email from us that the deposit has been received and your booking is confirmed, with confirmed dates and check-in/out times.

 

Paying your securing deposit:

As stated above, to accept your reservation and make a booking, we shall need to take a deposit of 40%.  Until we receive this deposit we reserve the right to promote and market the room as no contract has been executed.  We will endeavour to contact you should another party be interested in the room, but this is not guaranteed.  The only way to secure your reservation and confirm your reservation is to pay the 40% deposit and provide payment card details.

 

If we cannot accept your reservation:

If we are unable to accept your reservation, we will inform you of this by email, no contract will be formed between you and us in this circumstance and no charge will be made.

 

4. Your booking

​

Times and dates of Arrival and departure:

We will confirm your arrival and departure time and date in our confirmation email when we accept your reservation. Please note that we detail our opening times on the Beds page of our website, should you require access to Underhill Barn outside these times, please Contact Us.

 

Late check out:

Late check-outs must always be explicitly agreed by Underhill Barn B&B and we reserve the right to charge up to 30% of an extra days stay to accommodate a late check out.  Please talk to your host if you require a late check out.

 

You must adhere to the property rules:

There just three property specific rules in place for Underhill Barn that you must adhere to. These rules are outlined on the Beds page of our website and on section 8 of this page.

 

Information regarding the local area:

Any information regarding the local area that may be shown on our website and links to third-party sites are outside of our control. Whilst we endeavour to keep this information up to date on our own website, we cannot guarantee that it is accurate.

 

Internet availability:

Wireless internet access is offered without additional charge for residents on the basis that we cannot promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed. We will not be liable for any claim in respect of the provision of internet services or telephone services not being available or failing.

 

5. Your rights to make changes

 

To make changes to your booking:

If you wish to make a change to your confirmed booking, please contact us as soon as possible.  We will let you know if the change is possible and if this changes the price or anything else which would be necessary as a result of your requested change.  We shall ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end the contract by cancelling your booking – see clause 7. Cancellation.

 

6. Price and payment

 

Where to find our prices:

The price of the reservation (including VAT where applicable) will be the price indicated on our ‘Beds’ page of our website. When a booking is confirmed, the price you pay is also confirmed and will not change.  We take all reasonable care to ensure that the price of the accommodation advised to you is correct, however we reserve the right to update our pricing on our website.

 

Special offers/discounts:

Any special offers and discounted rates are subject to availability. Such offers and discounts cannot be applied to existing reservations.

 

VAT rate changes:

If the rate of VAT changes between your order date and the date of your reservation, we will adjust the rate of VAT that you pay.

 

What happens if prices are incorrect: 

It is always possible that, despite our best efforts, some of the reservation rates may be incorrectly priced. We will normally check prices before accepting your reservation so that, where the reservation's correct price is less than our stated price, we will charge the lower amount. If the reservation's correct price is higher than the price stated to you, we will contact you for your instructions before we accept your reservation.

 

When & how to pay:

To secure your booking you must pay your 40% deposit by card upon booking to confirm your reservation.  Until your deposit is paid, we reserve the right to re-sell those dates as no contract has come into place.  The only way to secure your booking is to pay the deposit.  

​​

The remaining balance for your stay is due 15 days prior to check-in. Our payment partner will hold your card details and we are able to process your balance payment using the card that you used to book.  Please note, Underhill Barn, does not hold, store or have the full details of your card. We shall always contact you by email before taking your balance payment and you are able to pay the deposit using another card, or by making a BACS transfer.  We will send you a reminder email a week before the balance due date if the balance hasn't already been settled.  

 

If you fail to pay by the due date or if the card you used to pay does accept the payment request for the balance, you are risking your reservation and we will reserve the right to re-sell that stay.  Whilst we will endeavour to contact you, we do not guarantee that we will, and if your balance goes unpaid when due, our working assumption is that you have cancelled your stay, and we shall take an additional 20% using the card details provided, in-line with our cancellation policy below (see section 7).

​​

If you book within 15 days of your planned arrival date, then you must pay for your stay in full (100% will be due) at the time of booking.

​

7. Cancellation

​

How to cancel up to 15 days before your confirmed arrival date:

You may cancel your booking up to 15 days prior to confirmed arrival date by contacting us using the details on our contact page and you will receive a full refund of any monies paid/card authorisation will be cancelled.

 

Cancellation within 14 days of confirmed arrival date:

If you need to cancel your reservation within 14 days of your confirmed arrival date, we charge up to 60% of the total cost for your reservation, we do this by taking an additional 20% on top of your pre-paid 40% deposit by the payment card provided at booking.

 

8. Fair use, damage and damage deposit

 

Fair use:

Care and attention will be taken when staying at Underhill Barn B&B and if there are any accidents, spills or breakages, your hosts are to be notified as soon as possible to enable swift remedial action and to limit damage.  Please be considerate to other guests and refrain from playing loud music etc in your rooms.

 

Illegal activity:

Underhill Barn B&B is not to be used for the purposes of carrying out any illegal activity.  If this is found to be the case the authorities will be called and you will be asked to vacate immediately without refund.

 

Damage deposit:

We will put a hold of £100 as a damage deposit, using the card you used to pay for your booking.  This will be hold comes into effect 7 days prior to check-in and will be automatically released 3 days after check-out provided there are no issues or damage cuased. 

​

Damage caused whilst staying at Underhill Barn B&B: 

You will be liable for all damage caused, in all circumstances (beyond reasonable wear & tear) whilst staying at Underhill Barn on a replacement cost basis including cost of labour and materials.  If damage occurs to the Property as a result of the actions of Guests during the stay, where the extent of that damage is so severe that the Owner must (in their sole opinion) cancel and/or refund subsequent bookings, the Owner may bring a claim against you for any loss arising as a result, including the cost of refunding other guests affected by cancelled Bookings and any additional administrative fees incurred in respect of the same.

 

Damage to water system: 

Underhill Barn is not on mains drainage and we have our own water treatment plant.  Putting sanitary products, baby buds, condoms etc will block the pumps and cause damage.  Signage to inform guests and facilities are provided to bag & bin all such waste.  If such items are discarded down the toilet, we reserve the right to pass on costs for unblocking drains etc and any loss of revenue incurred by us.

 

9. Our responsibility for loss or damage suffered by you

 

We are responsible to you for foreseeable loss & damage caused by us: 

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the reservation process.

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so:

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors: for fraud or fraudulent misrepresentation: for breach of your legal rights in relation to the services.

 

We are not liable for business losses:

We only provide accommodation for private use. If you use the accommodation for any business or commercial purpose we will have no liability to you for any loss including; loss of profit, loss of business, business interruption, or loss of business opportunity.

 

10. Your personal information

 

How we use your personal information:

We will only use your personal information as set out in our Privacy Policy

 

11. Events Outside of Control

 

Failure to perform obligations due to an event outside of our control:

We shall not be in breach of these terms, nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from events outside our control. If the accommodation cannot be provided to you, we will inform you as soon as possible and a refund will be arranged.

 

Examples of an event outside of our control:

An event outside of control includes, but is not limited to; strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade, pandemic, epidemic, environmental disaster, utilities failure or interruption, flooding and adverse weather conditions (but only where The MET Office issues a severe weather warning).

 

12. Other important terms

 

We may transfer this agreement to someone else: 

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within a month of us telling you about it.

 

You need our consent to transfer your obligations to someone else:

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

Nobody else has any rights under this contract:

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

If a court finds part of this contract illegal, the rest will continue in force:

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

Even if we delay in enforcing this contract, we can still enforce it later:

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 this contract, 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.

 

Jurisdiction:

These terms are governed by the law of England & Wales and you can bring legal proceedings in respect of the services in the English or Welsh courts.