Legals

FOR YOUR ACKNOWLEDGEMENT

BRAZENHALL BARNS ‐ TERMS & CONDITIONS – 21st October 2020

Please do read this carefully – it’s not the usual yadda yadda! If you pay a deposit for your holiday then you are deemed to have accepted the terms and conditions laid out in this document and both we and you will be bound by all the terms and conditions within the four corners of this document. Please pay particular attention to the conditions around the Covid‐19 pandemic and your rights to cancellation and refund of fees paid.

Special Needs

Please let us know in advance if any member of your party has any special needs which we may need to be aware of. Please also let us know if you have any small children who require travel cots or high chairs. These are provided on request. We do not provide bedding for cots. If needed, this must be brought along by you.

Health and Safety Standards

We take health and safety very seriously and we assess and monitor the safety standards for all aspects of our accommodation. We would ask you, however, to report to us any aspect of your accommodation which gives any rise to concern so we can take steps to mitigate if necessary.

Rooms / Bedding Arrangements

All of our twin bedded rooms are able to become double beds using the ‘zip and link’ system. We do ask you to let us know at least 48 hours in advance or arrival as to how you would like beds arranged so we can prepare the appropriate laundry.

Jay‐Beds

We do have additional Jay Beds (comfortable singles) which can be provided if you have an extra person staying. We can provide one additional Jay Bed in the Barn (placed in the TV room) and up to two in the Lodge, placed in the dining room. These may not be moved from those rooms to form a ‘three’ in any of the other bedrooms – they are not big enough and damage nearly always follows. This rule is strictly enforced.

What Your Holiday Includes

Your holiday is provided on an accommodation only basis. Light, water, heating and electricity are all included, as are towels, bedlinen, soaps and gels. There is a telephone for your use but we do ask that you make a contribution to the ‘honesty box’ at the end of the week to cover the estimated costs of any calls you have made. We also provide good broadband WiFi with download speeds in excess of 30Mbps. Most rooms in the Barns receive this but not all.

What Your Holiday Does Not Include

We do not provide food or drinks etc. other than those provided as part of the welcome pack unless booked separately with our partner cook, who will invoice you separately for her services. The cooking services provided are provided by her and not by Brazenhall Barns.

Brochure / Website Accuracy

All the information given in our literature, both electronic and paper, has been thoroughly checked before being published in April 2020. However we realise that there may be subsequent changes due to circumstances beyond our control. The accommodation arrangements featured in our marketing are planned well in advance. We reserve the right to alter any of the prices and services offered in our brochure at any time prior to the issue of our Confirmation Invoice at which point a contract will exist. Any such changes will be advised at the time that you make your booking.

Data Protection Act

In order to process your booking and to ensure that your arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address, and other details and any special needs/ dietary requirements, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers, such as our cooks. We will not, however, pass any information on to any person who is not responsible for part of your arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant suppliers then we cannot provide your complete booking. In making this booking, you consent to this information being passed on to the relevant persons.

Medical Health Requirements and Holiday Insurance

People think that travel insurance is just for overseas travel but that is not the case. If you have to cancel your holiday just prior to arrival then a standard insurance policy will allow you to claim a refund from your insurer.
An insurance policy is designed to cover you for illnesses and accidents during the period of insurance and we strongly recommend that you take this. That way, if you have to cancel your holiday or curtail it, you will have recourse to insurers to compensate you for that.

UK Government Covid Restrictions

We make the assumption that, at the time of booking, you are following, and intend to follow, all the government guidelines relating to Covid‐19. After you have booked, if the government guidelines change to prevent us from delivering your holiday, for example a new lockdown in an area which includes Brazenhall Barns, we will refund your holiday to you in full or offer you an alternative date in the future. If we offer you an alternative date and your final balance has already been paid, we will retain that balance and consider your future holiday ‘paid’ even if the future holiday date is at a higher rate. An additional payment may be required to secure the booking at a later date if the rate is higher. The additional charge will form part of your amended balance payment and the standard Terms and Conditions around making a final balance payment will apply. If the future date is at a lower rate, you will be refunded the difference. In the case that we are unable to deliver your booking, a full refund will always be an option for you.
On the 11th March 2020 the World Health Organisation declared an outbreak of Covid‐19 as being a global pandemic. Since then, there have been numerous government initiatives such as local lockdowns, quarantine instructions and special rules such as ‘The Rule of Six’. These are ongoing and are subject to change. The result of this is that restrictions and rules which may impinge on your booked holiday are no longer unforeseen nor unexpected. By accepting this agreement you accept that changes in these rules no longer constitute exceptional extenuating circumstances nor a case of force majeure and that our standard cancellation terms and conditions will apply.

Catering

Catering arrangements are outside this agreement and are an arrangement made directly between you and ‘Mange Tout’. They will invoice for their services separately. There is no commercial arrangement between Brazenhall Barns and Mange Tout. During the Covid pandemic, these services may be very limited.

Checking in and Out

If the property is not booked on the day prior to your arrival we can arrange to have the Barns cleaned a day early so you can arrive on the evening prior to the commencement of your booking – effectively an extra night free of charge. You will need to check with us the week before your booking to see if this is possible.
Otherwise, check in time is 1700 on the day of arrival. Check out time is 0930 on the day of departure and this must be strictly adhered to, please. There is a vast amount of cleaning to be done to make the barns ready for our next guests so it is essential that you leave on time. These times are a little less generous than in normal times. We apologise for that but a Covid disinfecting clean is performed at every booking. We need the time!

Damages, Minor Breakages and your Security Deposit

Glasses get broken and plates get chipped. We really don’t mind – life is like that! What we do need you to do is let us know with a quick e‐mail so we can replace the item, ready for the next guests who, like you, really want everything to be perfect. Generally we don’t charge for these unless there’s been a catastrophe!
We rarely charge for damage but there are circumstances when we just have to so please, if you break something expensive, you will need to pay for replacement or repair at our discretion.
We do make charges under some circumstances and you need to be aware of these. The Barns are thoroughly checked before each arrival and we have a list of minor wrinkles that are scheduled to be sorted out during quieter periods. Please take nothing more than water into the bedrooms. Food, coffee, wine etc. are absolutely not to be taken into the bedrooms.
The following do incur specific charges as follows:

  • Washing up not done prior to departure £60
  • Paint Chips / Suitcase Damage £30 and above, depending on the amount to do / repair
  • Removing marks left by blu‐tack / Sellotape £50 and above, depending on the amount to do / repair
  • Bedroom Windows used as doors £25 per room, we have to remove mud and gravel
  • Spilt drinks / Food in bedrooms £50 per room
  • Emptying Kitchen Bins £25
  • Removing glitter, confetti etc. £50 per room
  • Use of Fireworks £500

These charges may seem fierce but we are on very tight turnaround times with six cleaners during the pandemic. We also run weekly repairs on, for example, paint work.

Dining Table, Chairs & Furniture

It seems amazing to have to say it but please, do not stand on the dining table or chairs for any reason. Please do not move the large sofas. They are VERY heavy and moving them damages the floors.

Decorations

We understand that family groups and friends come to the Barns to celebrate significant birthdays and other anniversaries. We are happy for you to add as many free standing cards and flowers as you like but no other decorations are permitted. We have had terrible problems in the past with sellotape and blu‐tak being used to attach decorations to the walls and, in some cases, repainting an entire wall has been necessary. If in doubt – please ask. We try hard to be accommodating but the guests who follow you into the Barns expect everything to be perfect and up to the five star standards of which we are justifiably proud.

Fireworks

Brazenhall is adjacent to a working farm and a distillery and for this reason, fireworks are absolutely forbidden under all circumstances.

Returns of Lost Items

Things do get left behind at the Barns from time to time and we’re happy to return them but you do need to note the following;

  1. There is a flat rate charge to return any item of any size or shape of £30. This does not vary.
  2. Any unclaimed items will be disposed of after 30 days from the date of your departure.

Poor Behaviour

Happily, in 11 years of operating, we would only have enforced the following on one occasion, but sadly we have to include it.
When you book a holiday with Brazenhall Barns you accept responsibility for the proper conduct for yourself and your party whilst on Holiday. If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, even if it does not belong to Brazenhall Barns, we will be entitled to terminate the holiday of the person(s) concerned up to and including all members of the party. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. The person who has booked the holiday will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct and at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.

Your Holiday Contract

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. Please note that the general conditions specified above form part of this contract.
If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your booking agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel.

Your Holiday Price

We reserve the right to alter the prices of any of the accommodation, up or down, prior to booking. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you make your booking you must pay a deposit of 25%. The balance of the price of your arrangements must be paid at least 55 days before the arrival date. This does not apply when bookings are made via any external agent, such as Vrbo, where their own payment schedule will apply.

If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your booking agent. Changing dates may incur an additional charge if the rate for your new chosen date is higher than the rate of your initial booking.

If You Cancel Your Holiday

If you wish to cancel your booking for any reason you may do so provided that you give us written notice of cancellation which must be originated by the person who made the booking. Cancellation is effective from the date upon which we receive your written notice. If we receive the notice of cancellation or transfer up to 55 days before the departure date you merely forfeit your deposits. After that date you will additionally be liable for the following cancellation or transfer charges based on the time we receive your written notice:

  • a) Fewer than 55 days but more than 42 days before departure: 40% of the total price of the holiday.
  • b) Fewer than 43 days but more than 28 days before departure: 60% of the total price of the holiday.
  • c) Fewer than 29 days but more than 14 days before departure: 75% of the total price of the holiday.
  • d) Fewer than 15 days but more than 7 days before departure: 90% of the total price of the holiday.
  • e) Fewer than 8 days before departure date: 100% of the total price of the holiday.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You are advised to ensure that your policy has sufficient financial protection to cover you in the event of cancellation. For the avoidance of doubt, the number of days shown above is the counted number of whole days between the date of cancellation and arrival, so does not include the day on which you cancel nor the day on which you were due to arrive. A cancellation invoice will be issued in the appropriate amount for your insurance company.

If We Change or Cancel Your Holiday

It is unlikely that we will have to make any changes to your arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. We also reserve the right in any circumstances to cancel your arrangements. This is to cover us for damage to the accommodation by a previous party, failure of an essential service such as water and any other event that may force us to change or cancel your booking. Failure to pay the final balance may incur cancellation without compensation.
If we have to cancel your accommodation then you will be offered an alternative date or a full refund strictly limited to the accommodation price plus compensation as laid out below. No refunds will be made to cover the cost of transportation to Brazenhall Barns for either you or members of your party.
If it is necessary to cancel your arrangements, we will pay compensation as set out in this clause.
You will have the choice of either accepting the change of arrangements, accepting an offer of alternative arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid to us. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

  • Within 14 days £100 per booking
  • Within 28 days £ 50 per booking
  • Within 56 days £ 25 per booking
  • In any case the limit will be £100 per booking.

Paying for your Holiday

Payments are via online Bank Transfer, where we will supply you with account details for payment. From the middle of 2020, banks now require the account name as part of the security arrangements so you can pay via online banking with confidence. We do not accept credit cards. Their charges are assaulting. If we accepted credit cards the charges would run to thousands of pounds per annum and our prices would have to rise.
Overpayments. There is a well‐known scam that involves a fake customer overpaying for their services, then asking for the full amount to be returned as they then claim to wish to transfer the payment back to you from a different account. The original payment is made from an overseas bank account; it appears on the supplier’s bank statement – in this case that would be ours – so the supplier refunds the money in good faith. Six to eight weeks later – and that is how long it can take – the original payment is shown to be fraudulent and the original receipt is then removed from the suppliers account. Unfortunately, the ‘return’ of the original money to the scammer is real and the supplier is now out of pocket, potentially by thousands of pounds.
For this reason, overpayments are only ever returned once a customer has arrived, taken their holiday, and departed or when 10 weeks have elapsed since the original payment, whichever of the two is the longer.

If You Have a Complaint

If you have a problem during your holiday, please immediately inform us and we will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us at The Distillery, Dunton Hall Farm, Fakenham, Norfolk, NR21 7PG giving all relevant information.
Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Complaints may be made via e‐mail or via our website.
However, please do not wait until your return home to make an initial complaint. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract.

What Happens To Complaints

Any complaints are immediately referred to the owner who will telephone you with a view to hearing your complaint in person and resolving the issue immediately. This will be followed up by a written letter or e‐mail confirming the contents of the telephone conversation and stating, if applicable, any agreed remedy. You will be asked to return a signed agreement that the remedy is satisfactory at which point any compensation will be paid. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may (if you wish) be referred to independent arbitration which will be sought from the Chartered Institute of Arbitrators.

Our Liability to You

If the contract we have with you is not performed or is improperly performed by us, we will pay you appropriate compensation if this has affected the enjoyment of your arrangements. However, we will not be liable where any failure in the performance of the contract is due to:

  • (i) you, or a third party unconnected with the provision of the arrangements, and where the failure is unforeseeable or unavoidable; or
  • (ii) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
  • (iii) an event which we or our suppliers, even with all due care, could not foresee or forestall.

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:

  • (a) The contractual terms of suppliers which provide part of the services delivered to you under these arrangements.