Please Note: Changeover days occur on a Friday and a Monday but we consider requests.

 

Booking Terms & Conditions

1.              Definitions

When the following words with capital letters are used in these Terms, this is what they will mean:

Accommodation: means the period of time for which We provide Accommodation at the Property to You as set out in the Booking and agreed by Us.

Booking Charge: means this comprises the total cost of the Accommodation for the agreed duration and the agreed number of Guests staying and includes a Cautionary Deposit.

Booking Confirmation Form: means the communication You will receive following Your Booking confirming Your arrival date, departure date, details of the Booking Charge and Your deposit. The ‘Date of Arrival’ means the date shown on the Booking Confirmation Form as the commencement date of the Holiday Period. The ‘Date of Departure’ means the Departure Date referred to in the Booking Confirmation Form as the date on which you are required to vacate the Holiday Property. The ‘Holiday Period’ means the period from 4:00 pm on the Commencement Date to 10:00 am on the Departure Date.

Booking / Wedding Reception Booking: means the Booking made by You either via the website, by telephone or email.    

Cautionary Deposit: means the monies provided by You and held by us as a deposit to be applied against the reasonable cost of miscellaneous repairs and/or replacement of the Property.

Event Outside Our Control: means any act or event beyond Our reasonable control, including without limitation, actions or omissions (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations,.

Guests: the permitted number of Guests staying at the Property as outlined in the Booking Confirmation Form.

House Information: means the Property Information folders located within the Property and which provides information and contains manuals as to how to operate equipment in the Property.

Property: means the properties to include both Waternook and The Great Barn, all land, adjoining land and all fixtures and fittings.

Terms: mean the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to You

We/Us: means the Property/ owners/ and our authorised agents

You: means the person making the Booking

 

 

2.              Nature of this Agreement

By making a Booking on our website, by telephone or via email, You are entering into a legal agreement with Us.  

We are providing You with our agreement to use the Property and You agree to use the Property only in the manner as prescribed in these Terms and Conditions.

This Holiday Let is granted by the Owner to You for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to any form of statutory security of tenure either now or when the Holiday Period ends.

 

 

3.              Booking Charge

We reserve the right to increase or decrease the price of Accommodation at any time, however, We will confirm the price of Your stay at the time of Booking and this will not change.

The Booking Charge is compromised of the total cost of the Accommodation for the agreed number of nights for the agreed number of Guests staying and the Cautionary Deposit.

You must pay one third of the Booking Charge when placing the Booking with Us. This payment must be made via bank transfer or via the website.

Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement and cannot be used for payment of the minimum deposit as detailed in these Terms and Conditions. Cheques may not be used for payment of any sums due under this agreement without our prior written approval.

Payments made by via the website are subject to a non-refundable surcharge of 3% (including VAT) of the transaction amount.

Any bank or transfer charges shall be borne by You.

Payment may only be made in the currency as shown in the Booking.

Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Accommodation in full before the change in the rate of VAT takes effect.

The remaining balance must be paid at least 8 weeks before your arrival date as specified on the Booking Confirmation Form.

Where a Booking is made less than 8 weeks prior to the arrival date the entire Booking Charge is payable immediately when making the Booking, the payment can be made by debit card, credit card, or bank transfer.

If You do not pay Us for the Accommodation when You are supposed to, access to Accommodation will not be permitted. This does not affect Our right to charge You interest at the rate of 8% per annum.

When You submit the Booking to Us, this does not mean We have accepted Your request for Accommodation. Our acceptance of the Booking will take place when we send you the Booking Confirmation Form subject to payment being made. If We are unable to supply You with the Accommodation, We will inform You of this in writing and We will not process the Booking.

 

 

4.              Additional Concierge Services

If You require any additional concierge services, You must advise us prior to your arrival. If we are able to offer these services we will confirm this. Payment for any additional services must be made in full to Us by bank transfer 7 days prior to your arrival date. Where your arrival date falls before the 7 day period, full payment must be made immediately.

Where you book an addition concierge service through Us, We will not be liable for any additional costs incurred by You through misuse or damage. You have a relationship with the concierge service and must refer to their specific terms and conditions accordingly.

With specific reference to cancelling concierge services, You will be liable for any cancellation costs in accordance with the concierge providers service terms and conditions. 

 

 

5.              The Cautionary Deposit

The Cautionary Deposit is £1000 per property for all stays and £5000 for Wedding Reception Bookings and must be paid at the time of You confirming your Booking with us.

If when you leave there has been no damage caused or loss to any of our Property we will arrange to refund You your deposit within 21 days.

If when you leave damage or loss has been identified to our Property we will deduct the Cautionary Deposit by the appropriate amount. We will advise you in writing of the amount before making any deductions. The Cautionary Deposit will be held by Waternook to be applied against the costs of miscellaneous repairs and/or replacement, labour and administration time, and additional cleaning of furnishings, kitchen equipment [including BBQ and outdoor kitchen], misuse of hot-tub [including soiling by fake tan], damage to estate or land, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by You or other members of Your Party. A minimum charge of £40.00 per towel will be deducted from the Cautionary Deposit in respect of each towel lost or damaged and bathrobes will be charged at £55 each.

Where costs relating to damage exceed the Cautionary Deposit, We will advise you in writing. You agree to allow us to taking the additional payment from your debit or credit card. If you have not paid using a credit or debit card then the payment will fall due immediately.

 

 

6.              Information relating to your stay

Check in time is any time after 4pm on the agreed scheduled arrival date on the Booking Confirmation Form.

If You require an earlier check in, this must be agreed in writing with Us when making the Booking.

You must check-out by 10am on the agreed scheduled departure date.

If You require a later departure, this must be agreed in writing with Us when making the Booking

Failure to comply with the check-in and check-out periods will result in You being charged a further days charge. This will be deducted from the Cautionary Deposit.

You must inform us of the number of Guests staying with you prior to your arrival. This information must be provided in the Booking Confirmation Form to Us. If any of your guest numbers change You must inform us immediately prior to your arrival so that we can confirm our agreement.

Where You select an alternative group option, we will arrange to have prepared only the number of bedrooms appropriate to Your group size. If subsequently You use any extra bedroom(s), You agree that the cost of the Accommodation will be increased to reflect the increased use. The additional cost will immediately become due and this additional cost will be deducted from the Cautionary Deposit. If the additional cost is greater than the Cautionary Deposit, You authorise us to debit any card details held for You with the appropriate charge (which will be notified to You in advance).

The maximum number of Guests permitted is as follows:

  • 12 Guests including children at the Property named ‘ Waternook’
  • 8 Guests including children at the Property named ‘The Great Barn’

You must allow Us access to the Property at all reasonable times and in the case of emergency at all times with or without You being present.

No more than 2 dogs are permitted in the Property at one time, any damage caused by Your pets will be charged and deducted from your Cautionary Deposit.

Smoking is strictly prohibited at the Property.

Broadband internet access is offered in some properties. Where our owners do offer broadband, this is on the basis that neither they nor We 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 nor We will not be liable for any form of compensation or expenses claimed by You or any guest in respect of the provision of internet services or telephone services not being available or failing.

Waternook can not accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services including WiFi and Internet, epidemic, temporary invasion by pests and/or similar situations beyond the control Waternook, either before the Commencement Date or during the Holiday Period. The guest is aware that internet speeds are very slow due to the proximity of the mountains, poor weather and local internet infrastructure and cannot seek compensation as a result of slow internet speeds.

No liability is accepted by Waternook for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Every effort will be made to keep you informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore you are strongly advised to seek the latest information relating to access prior to setting off on your journey. You are advised to take our comprehensive holiday insurance.

Where the Holiday Property has amenities such as swimming pools, hot tubs, spas, boats or other facilities, the use of these amenities are offered entirely at your own risk and no responsibility can be accepted for injury, loss or damage to You or members of Your Party, except where Waternook have breached a legal duty of care owed to You or a member of your party or breached the terms.

Waternook can not accept responsibility for water shortages caused as a result of drought conditions, an act of omission of the relevant utility operator or any other cause outside the control of Waternook.

If the Holiday Property has a private water supply you are advised to boil water before drinking or using it in cooking.

We will issue You with a set of keys on Your arrival date and You must return these to us in the lock box by 10am on Your departure date unless otherwise agreed when making the Booking. You must ensure the lock box is securely closed.

The cost of your Accommodation includes reasonable use of electricity, gas and oil. We reserve our right to charge You for any excessive use of electricity, gas and oil where applicable.

Fuel for open fires/stoves is provided. If inappropriate fuel is used on an open fire or stove You will be liable for the cost of making good any damage. If You are in any doubt about how to use an open fire/stove or what fuel to use, You must first refer to the House information folders.

The cost of your Accommodation includes your use of linen and towels. Travel costs can be included but are subject to availability.

We will not be responsible for providing items such as food, drinks, washing up liquid, dishwasher and washing machine powders.

You acknowledge that Your personal property, including any objects, equipment, furniture, stock, or other property of any sort will remain under Your control and care whilst You use our Property, and that You are in the best position to insure such property, and accordingly it is reasonable for us to exclude liability for such property to the extent excluded hereby.

We cannot accept responsibility for any equipment, provided by, for, or on behalf, that is left unattended to, during or after Your stay.

We will retain any items at the Property for a period of 28 days from the departure date. Items will be returned to You if requested at a cost of £50.00 plus postage and packaging. We not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned.

The use of these amenities is on the basis that You use the same entirely at Your own risk and We accept no responsibility for injury, loss or damage to You or Your Guests

You are required to put refuse/recycling in the appropriate waste collection area at the bottom of Waternook’s driveway and are responsible for ensuring waste is collected by the local authority. Failure to do so may result in a deduction being made from Your Cautionary Deposit.

The Lake Room is to be used solely as a lounge area for The Great Barn.

You must not use the Property for any other purpose then for a holiday or wedding.

The Property may only be used for domestic accommodation purposes with no area being used for any form of event.

No form of structure or marquee can be erected on the land without prior written consent from Waternook

The Property and land must not be used for commercial or entertainment purposes.

You are not permitted to have any form of live entertainment including but not excluding DJ’s, musicians or a Live Band unless agreed in writing prior to your Booking or Wedding Reception Booking. 

The use of smoke machines or similar devises is not permitted in any part of the Property.

You are not permitted to hold firework displays or release sky lanterns.

 

 

7.              Damage and Replacing Items

You shall ensure that there is no damage or interference caused to any of the fire extinguishers or any other safety products except in case of an emergency. If any damage is caused this must be reported immediately in writing.

When you are Booking the Property You do so on the understanding that the Property is a high end, luxury Accommodation and the items contained within the Property are high end and valuable. The cost of replacing damaged or lost items/Property will be charged to You at the current rate of replacement.  Where items are no longer available, You agree to replacement of items to be with an item of similar quality.

When you arrive at the Property, if you identify any damage it is important you notify us immediately upon arrival in writing by email. If You do not, when you leave the Property, we could charge you for the damage as it will be assumed that You caused it. If no report of damage is made upon arrival you are accepting the condition of the property as per the inventory and inspection check carried out by Housekeeping and the maintenance engineer prior to your arrival and you are responsible for any damage/labour costs as a result of your stay.

During your period of stay, You shall take all reasonable precautions to ensure that no damage occurs to the Property.

You are not allowed to fixed any items to the floors, walls or ceilings or any other interior part of the  Property by means of nails, screws, drawing pins, Sellotape, tape, glue or staples or any other means unless agreed in writing with Us prior to the Booking. 

Where there is damage or loss caused to the Property you will be responsible for the replacement of the same. As some of the items in the Property are of considerable value, it may take time for items to be sourced. Where the sourcing of items takes longer than a reasonable period of time, then We reserve our right to charge an additional administration fee.

Any damage or loss caused must be reported immediately in writing by email.

We wil   l then acknowledge your email and where required advise you of the replacement costs.

If you loose your set of keys you must contact us immediately. The keys to the Property are a specialist key which will require deactivation. We will arrange for a new set of keys to be sent to you as soon as is possible and reserve our right to charge you a replacement key charge and an additional charge of £60 per hour for reprogramming the new set of keys.

Complete details and instructions as to how to use the Hot Tub can be found in the House Information. If the hot-tub is not used in accordance with these instructions and needs to be emptied, refilled and tested, a charge of £300 will be deducted from your Cautionary Deposit.

 

 

8.              Conduct

You must refrain from any conduct or behaviour that would bring Us, its owners and its agents any disrepute or cause discomfort / risk to others.

You are responsible for all of your Guests and must ensure they also comply with these Terms and Conditions.

You must not do anything that may reasonably be considered to cause a nuisance or annoyance to Us or to any other occupier of neighbouring Property.

You must not carry out or permit any act that would make any insurance policy on the Property void or voidable or increase the premium.

You must shower before using the hot tub, to not enter the hot tub if you have "fake tan" as this will result in the tub having to be emptied, cleaned, refilled and tested [a minimum charge of £150 will be made], to not damage any part of the hot tub by misuse [including the lifting arms], to not eat or drink whilst in the tub, to not let children use the tub unattended, to not allow them to submerse or swallow water, and to ensure their use is kept to a minimum [young children can develop painful red rashes due to overuse], to not use the tub if you have circulation problems, high blood pressure or any other condition where adverse affects are caused by an increase in heart rate, to not use the hot tub if you are pregnant, to not use the hot tub if you have had a stomach upset in the last 14 days, to not use the tub if you have sensitive skin conditions, to take care when entering, exiting and moving in the hot tub as it has uneven and slippery surfaces.

You must keep and leave the Holiday Property and furnishings, kitchen equipment [including BBQ and external kitchen], estate and land, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage pursuant to Clauses in these terms and conditions.

 

 

9.              General Booking Conditions

By acceptance of these conditions, You indemnify us against any loss, claim, damage, costs or expenses suffered by or made against us however and by whomsoever caused (including but not limited to the negligence by You, Your servants or agents) arising from Your Booking subject to the extent to which such loss, claim, damage, costs or expenses arise wholly or in part from negligence on our part.

Nothing in this agreement confers any right on any person (other than Parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Nothing in this agreement shall create a partnership or establish a relationship of principal or agent or any other fiduciary relationship between the Parties.

No variation of this agreement shall be valid or effective unless it is in writing, refers to this agreement and is duly signed or executed by, or on behalf of, each Party.

No party may assign, subcontract or encumber any right or obligation under the agreement, in whole or in part, without the other party’s prior written consent.

We both agree that all communications made in connection with this agreement shall be made electronically or in person.

This agreement sets out the entire agreement and understanding between Us and You in connection with the services (except for any terms and conditions which may be contained in any future agreement to be made between Us and You.

The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

 

 

10.           Legal Rights

As a consumer, You have legal rights in relation to Accommodation not offered to You with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

 

11.           Our Liability to You

If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.

We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If You do wish to use the Property for a commercial purpose, please contact Us.

We do not exclude or limit in any way Our liability for:

  • death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession);
  • breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
  • Defective products under the Consumer Protection Act 1987.

We do not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.

 

 

12.           Cancellation Policy

If you wish to cancel your Booking You must notify us in writing by email immediately of your wish to cancel.

Whilst we will try our hardest to accommodate any changes you might wish to make, if this is not possible, we will charge you as per the Schedule below.

If you cancel your Booking your Cautionary Deposit will automatically be refunded however, for refunds of the total cost of the Accommodation please refer to the following Schedule:

  • For cancellations made within 8 weeks or less of the scheduled arrival date there will be no refund of the total cost of the Accommodation given.
  • For cancellations made more than 8 weeks before the scheduled arrival date there will be a 50% refund of the total cost of the Accommodation given.

 

 

13.           Events Outside Our Control

We will make every effort to make the Accommodation available to You on time. However, there may be delays due to an Event Outside Our Control.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

We can not accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services including WiFi and Internet, epidemic, temporary invasion by pests and/or similar situations beyond the control Waternook, either before the Commencement Date or during the Holiday Period. The guest is aware that internet speeds are very slow due to the proximity of the mountains, poor weather and local internet infrastructure and cannot seek compensation as a result of slow internet speeds.

No liability is accepted by Waternook for access difficulties to the Holiday Property caused by weather conditions affecting public roads. Every effort will be made to keep you informed of adverse weather conditions which may affect public or private access to the property, however, road conditions can change rapidly. Therefore you are strongly advised to seek the latest information relating to access prior to setting off on your journey. You are advised to take our comprehensive holiday insurance.

 

 

14.           Information about us and how to contact Us

Within the Property you will be able to access Property Information folders. These contain important information relating to your stay. It is imperative that you familiarise yourself with the equipment at the Property using these folders because they contain information such as how to operate the cooker and hot tub.

Details of the Property given in our website are accurate at the time of publishing. We reserve the right to make alterations to our website at any time and shall inform You of any such alterations upon request. All special offers advertised do not apply to: the peak season unless otherwise stated, and Wedding Reception Bookings. We reserve the right to apply an “Invitation to Treat” to any price or special offer.

If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning us on 07970915558/ 07709098507 or email dominic@waternookonullswater.com  

If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by using theonline contact form or email dominic@waternookonullswater.com. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in the Booking.

If you experience any difficulties during your stay please contact us on the numbers provided above. Important service provider numbers are available for you to obtain from the Booking Confirmation Form, and property information folders within the Property.

Where you are experiencing any problems, We will arrange to come out to the Property. If however We are called out and identify no problems, then we will charge a call out charge of £80 per hour. This will be deducted from the Cautionary Deposit.

 

 

15.           How we may use your Personal Information

We will use the personal information You provide to Us to:

  • provide the Accommodation;
  • provide additional services through third parties to You as requested within the Booking;
  • process Your payment for Accommodation; and
  • inform You about similar products or services that We provide. You may stop receiving these at any time by contacting Us.

We will not give Your personal data to any third party other than the Owner unless You have requested additional services to be provided during Your Accommodation, in which case the parties providing those services will be provided with Your personal data, where necessary.

As we are a member of Premier Cottages Limited which is a professional collective of independent luxury cottage owners, we may provide your details to them so that they can contact you for feedback about your stay and also provide you with any information relating to similar services. If you do not wish for them to contact You, You may unsubscribe from this service at any time.

 

 

16.           Supplementary Terms and Conditions for Wedding Receptions

All terms advised above are applicable save from the following:

We are not licensed to hold the ceremony and therefore only the Wedding Reception can be held at the Property.

There is a minimum term of 3 nights for any Wedding Reception Booking.

The maximum number of Guests permitted is 30 of which 20 are permitted to stay and 10 will need to find alternative Accommodation.

You shall confirm the number of people attending Your Wedding Reception by advising Us in writing (by email) by no later than seven days before the arrival date stipulated on the Wedding Reception Booking Confirmation Form.

If the number of Guests exceeds the number confirmed we reserve the right to make a proportionate deduction from Your Cautionary Deposit to account for this.

We strongly recommend that You take out private wedding insurance to ensure that You meet our cancellation terms in the unlikely event that You need to cancel or transfer Your Booking.

Any notice of cancellation of Your Wedding Reception Booking must be made in writing.

Once a Wedding Reception has been confirmed in writing, we reserve the right to impose our standard cancellation charges as applicable.

The cost of hire does not include any management of your wedding or event. You will be required to make the arrangements for catering, decoration, entertainment and any other services required although we have recommendations in the area which will be provided to You on request.

We reserve the right to decline this and any Wedding Reception Booking or part thereof at any time without liability.

Get in touch

Waternook
Howtown
Ullswater
The Lake District
CA10 2ND

Tel: 07709 098507
dominic@waternookonullswater.com

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