Terms and Conditions

1. General terms and conditions

1. These are the terms upon which Monastery Barn do business. They do not affect your statutory rights. They are designed to set out clearly Monastery Barns' responsibilities and your rights.

2. Monastery Barn offers you the opportunity to enjoy a great break or holiday as a self catering property. You can view the latest pricing, availability and detailed property information through the Monastery Barn website.

2. Definition and application

1. These terms and conditions (the 'Conditions') shall apply to your booking.

2. References to any statute or statutory provision in the Conditions, unless the context otherwise requires, shall be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

3. In the Conditions, reference to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.

4. Headings will not affect the construction of the Conditions.

5. You agree that the Conditions shall be the exclusive basis on which any contract made between you and Monastery Barn is transacted and processed unless otherwise agreed in writing by Monastery Barn

6. The Conditions shall not create any agency or partnership between the parties or any third party.

7. All prices advertised by Monastery Barn are accurate at the date published but Monastery Barn reserve the right to change any of those prices from time to time. Monastery Barn will provide you with the up-to-date pricing before confirming your booking.

8. You agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to any contracts entered into between you and Monastery Barn unless otherwise stated.

3. Accommodation

1. As this is a single component, please note that the Package Travel, Package Holidays and Package Tours Regulations 1992 do not apply.

2. Please note that any booking for accommodation is strictly between you and Monastery Barn, incorporating the relevant conditions set out herein.

3. In view of Clause 3.2 above, Monastery Barn cannot be held responsible for any loss or damage which you and/or the members of your party may suffer or any dissatisfaction with the accommodation arrangement.

4. Booking of the property

1. Once you have accepted a booking quote sent via email from Monastery Barn, in order to confirm your booking, you must pay the deposit required when prompted by Monastery Barn, after Monastery Barn have checked availability.

2. In paying monies to Monastery Barn, you agree to the Terms and Conditions.

3. Following receipt of your booking and receipt in cleared funds of the amount payable in accordance with Clause 5, Monastery Barn will send you by email a written property booking confirmation ('Booking Confirmation') on behalf of the property owner in respect of your booking.

4. For the avoidance of doubt, no contract between you and Monastery Barn shall arise until after the Booking Confirmation is sent to you. Monastery Barn, reserve the right to reject any booking without giving any reason.

5. Payment for property accommodation

1. When making a booking, you are required to make a rental deposit payment of value specified in your booking confirmation email.

2. The balance rental payment is due on the date specified on your booking confirmation email. Failure to pay the balance on or before this date may result in the cancellation of your booking and no monies already paid being returned to you, without any liability on the part of Monastery Barn.

3. The ?Damage Deposit? of ?250 is payable 7 days before the rental period. This must be paid by Bank Transfer or by PayPal. The Damage Deposit will be returned to you, less any cost for damages or spillages etc, by Bank Transfer or PayPal 7 days after the end of the rental period.

4. Failure to pay your Damage Deposit within 7 days of your arrival date may result in you being denied access to the property.

5. Where your rental period is due to start within 7 days of the day you make your booking, the full rental price and the Damage Deposit of ?250 is payable immediately.

6. Payment shall be made to Monastery Barn by Bank Transfer or PayPal and needs to include your Booking Reference Number as a reference. No payment shall be deemed to have been received until Monastery Barn has received cleared funds.

6. Changes to your booking

1. If you want to change any details of your booking (such as changing the dates of your stay or changing a name in your party), Monastery Barn will use reasonable endeavours to assist you and accommodate your request.

2. If such change is possible, Monastery Barn will charge, for its own account, an administration fee of ?25 for such change.

3. Where Monastery Barn is unable to accommodate your change request, you may request a refund subject to the cancellation conditions for your booking in accordance with Clause 7 of this agreement.

7. Cancellation

1. If you wish to make a cancellation after the Booking Confirmation has been sent to you, you must put your cancellation request in writing ('Cancellation Request') to Monastery Barn using the email address: monasterybarn@gmail.com

2. In the event you have paid the rental payment in full at the time of booking, cancellation requests received with at least 90 days notice (approx 3 months) from the date of the commencement of the rental will receive a 100% refund.

3. In the event you have only paid a deposit towards your rental payment at the time of booking and you have yet to pay your rental balance, you agree to forfeit your rental deposit if you cancel your booking. In such cases, your balance payment will no longer be due.

4. In view of Clauses 7.1 to 7.3 above, Monastery Barn strongly advises you to take out a cancellation policy to cover such loss which you may suffer as a result of any cancellations made by you.

5. For the avoidance of doubt, the cancellation rights under the Distance Selling Regulations 2000 do not apply in relation to your rental of properties.

8. Use of the property

1. You undertake to take, and shall procure that each member of your party takes, reasonable care of the property, the furniture, fittings, contents and facilities provided to you and your party during the rental period.

2. You undertake and shall procure that each member of your party complies with any directions and / or house-keeping rules in respect of the property which are issued by Monastery Barn. Subject to reasonable wear and tear, you are required to tidy and re-instate the property to the state prior to you renting it. If the property, furniture, fittings, contents and/or facilities are damaged or if the property is left in a very dirty or untidy state, you will be liable to pay additional charges to make good such damage or cover such cleaning cost incurred. These costs will be deducted from your Damage Deposit. If the costs exceed the Damage Deposit, you will be liable for the excess.

3. You undertake and shall procure that each member of your party shall not undertake at the property any activity which is illegal or may cause unreasonable damage, noise or disturbance to the property or any person or property neighbouring the property.

4. In the event of there being cause for complaint concerning a property, the matter shall be taken up with the Barn Manager of Monastery Barn . It is important that this is done whilst you are still at the property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended if you have not afforded the owner the opportunity of investigating the complaint and endeavouring to remedy matters during the rental.

5. The number of persons occupying the property shall not exceed the maximum number stipulated in the Booking Confirmation.

6. Unless otherwise specified in the Booking Confirmation the rental period begins at 3pm on the first day of the rental period and ends at 11am on the last day of the rental period.

7. Pets are allowed on or in the property (prior written agreement to specify the breed name of the dog/s) and no smoking is permitted inside the property.

8. Any damage (which must be reported to the Barn Manager of Monastery Barn) or excessive cleaning that may incur an additional charge will be deducted from your Damage Deposit or billed to you retrospectively in the case where total damage or cleaning amounts to more than the Security Deposit charged. Any costs incurred as a result of damage or cleaning will be billed to you retrospectively by the the Barn Manager of Monastery Barn.

9. Alternative accommodation

1. If the property becomes unavailable or unusable due to circumstances beyond the control of Monastery Barn e.g. fire, flood, we will notify you promptly upon becoming aware of the same and will try to find alternative accommodation for you or refund to you all payments made by you (whichever is your preference).

2. We will pay any compensation or expenses as a consequence of such a change to your accommodation in accordance with clause 9.1 or the inability to find alternative accommodation.

10. Indemnity and deposit

1. You shall keep Monastery Barn indemnified against all overdue payments, dilapidations, excessive bills for electricity, water or telephone costs and any damages, losses, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by Monastery Barn arising directly or indirectly out of any act or omission or negligence of you or your guests or any breach or non-observance by you of the covenants, conditions and other provisions of this agreement.

2. Monastery Barn reserves the right to deduct from the Damage Deposit or to make a demand for compensation for charges for property management or third party costs relating to or unreasonably early or late arrival or departure, remedial costs, repairs or cleaning that may be required or any other debt incurred or costs beyond normal and reasonable usage of the property as a holiday let that occurs as a direct or indirect result of the acts or omissions of yourself or your guests, including, without limitation, amounts payable under clause 10.1. For the avoidance of doubt, any such amounts not recoverable from the Damage Deposit shall be recoverable as a debt from you.

3. Monastery Barn reserves the right to deduct from the Damage Deposit any bank charges and any currency losses suffered in connection with any payments to or from you under this agreement.

4. The Damage Deposit of ?250 will be returned to you 7 days after the rental ends & the return of the keys to the Barn Manager at Monastery Barn (less any deductions made under Clause 10.2 or 10.3). The amount of return of the Damage Deposit shall be determined by the Barn Manager at Monastery Barn.

11. Complaints procedure

1. If you have any complaints regarding your booking, please contact Monastery Barn immediately we will do our best to resolve such issues.

2. If you have any complaints during or after your stay at the property, you must contact the Barn Manager at Monastery Barn as your contract is directly with Monastery Barn.

12. Warranties

1. Monastery Barn. has used reasonable skill and care in preparing the promotional materials for the property and such description of the property is accurate at the time of preparation of such promotional materials. Monastery Barn is not responsible for any inaccuracies in respect of the description of the property set out in its promotional materials, including the website, as a result of any inaccurate information provided by Monastery Barn or any such changes.

2. We will use reasonable endeavours to provide you with updated information in relation to such material changes to the property at the time of your booking or where a material change occurs after the time of your booking, as soon as it may be reasonably practicable.

13. Liability

1. This Clause 13 sets out the entire financial liability of Monastery Barn to you in respect of:

   1. any breach of this agreement;

   2. any services requested by you including the rental of accommodation; and

   3. any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement or the property, facilities or services.

2. Subject to the other provisions of this Clause 13, Monastery Barn will not accept liability for loss or damage suffered by you in connection with this agreement, save for matters which arise as a result of Monastery Barn's (as the case may be) negligence or breach of this agreement by Monastery Barn or breach of contractual duty to exercise care in making arrangements for you.

3. Subject to Clause 13.4 below, Monastery Barn excludes all liability for any indirect, inconsequential or economic loss or damage.

4. Notwithstanding any provisions in this Agreement, Monastery Barn excludes liability for death or personal injury which is due to Monastery Barn (as the case may be) negligence, or for fraudulent misrepresentation.

5. Subject to Clauses 13.2 and 13.4, Monastery Barn's maximum liability for any loss arising from Monastery Barn (as the case may be) breach of any contract or negligence shall be limited to Monastery Barn (as the case may be) insured sum where Monastery Barn (as the case may be) is insured and the price paid by you to them under this Agreement in all other cases.

14. General

1. You must be at least 21 years old and possess legal capacity to contract under English Law.

2. Whether you book alone or as a group, Monastery Barn will only deal with the lead booking name.

3. This agreement contains the entire agreement between the parties and you acknowledge that you have not relied upon any oral or written representation made to you by the property owner.

4. Each party irrevocably and unconditionally waives any right it may have to claim damages for any misrepresentation or to rescind the agreement whether or not contained in the agreement or for breach of any warranty not contained in the agreement unless such misrepresentation or warranty was made fraudulently.

5. No waiver by Monastery Barn of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

6. If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected thereby.

7. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of a contract impossible.

15. Customers with additional needs

Monastery Barn is committed to assisting customers with reduced mobility or who have extra requirements in order to fully enjoy our property. However, due to the nature of the property, not all areas will be suitable for customers with different types of needs. Please inform Monastery Barn at the time of your enquiry of any requirements you may have, such as disabled access, so that Monastery Barn can endeavour to provide accurate information to form the basis of any decision made thereafter by the customer based on the information provided at the time.

16. Data protection

By confirming your booking, you are accepting that the terms of this agreement apply to your booking. You also consent and agree to procure the consent of other members of your party to Monastery Barn processing personal data about you and other members of your party for all purposes related to your booking. However, Monastery Barn will not pass your data to third parties without your written consent.

17. Law and jurisdiction

The Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.

Last updated: 15 August 2019.