These Terms of Service (“Terms”) are a binding legal agreement between you and us that govern your right to use Bowerswood.
Last updated: 18 May 2023
Definitions.
“Bowerswood” means the house and garden at Bowerswood, Bowers Hill, Redlynch, Salisbury, SP5 2HD, and depending on the context includes all facilities and equipment located at Bowerswood.
“Guests” means all those individuals, both adults (18+) and children (under 18), staying overnight at Bowerswood for the whole or part of your stay.
“We/us” means Philip John Sack and Sarah Fleur Sack, the owners of Bowerswood.
“You” means the person making a Booking.
Booking. When you book a stay at Bowerswood, you agree to pay the full cost of your Booking including any charge for bringing pets and a refundable deposit of £250.00, but subject to any refund applicable in accordance with these Terms. The full cost of your Booking will be notified to you at the time you request to make a Booking. When you receive a booking confirmation, a contract (a “Booking“) is formed directly between you and us. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including the cancellation policy and any other rules or requirements identified on the Bowerswood.com website or during checkout that apply to the Booking. It is your responsibility to read and understand these rules and requirements prior to booking a stay.
A Booking is a limited licence to enter, occupy and use Bowerswood. We retain the right to re-enter Bowerswood during your stay, to the extent it is reasonably necessary to do so, for example to make any repairs or replace any faulty items, in the event of a complaint by our neighbours, or if we have reasonable grounds to believe you may not have complied with these Terms. If you stay past the agreed checkout time and date, we have the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests, though you may allow a limited number of additional people to visit you at Bowerswood (but not stay overnight) subject to our agreement.
Booking Modifications. You may make a modification to your Booking that entails fewer nights at any time up to 30 days before check-in. If the Booking was made fewer than 30 days before check-in, you may make a modification that entails fewer nights at any time up to 7 days before check-in. If the Booking was made fewer than 7 days before check-in, you may make a modification that entails fewer nights at any time up to 24 hours before check-in. After these times, you may request a modification to your Booking that entails fewer nights at any time, and we will agree to it if we receive another Booking for all of the nights that you no longer wish to stay. If you have the right to make a Modification to your Booking that entails fewer nights, or we agree to such a Modification, we agree to repay you the relevant amount as if your original Booking had entailed those fewer nights, taking account of any applicable discount. You may make a modification to your Booking that entails additional nights at any time up to 48 hours before check-in. You may request a modification to your Booking that entails additional nights at any time within 48 hours of check-in, but we reserve the right to refuse (for example, if we are unable to clean and prepare the house prior to or following your stay). If you have the right to make a Modification to your Booking that entails additional nights, or we agree to such a Modification, you agree to pay the additional cost as if your original Booking had entailed those additional nights, taking account of any applicable discount. The additional nights are deemed to be approved once the funds for the additional cost have cleared.
Additional Guests. You may request that additional Guests are added to your Booking up to a maximum of 12 Guests in total staying at Bowerswood.
Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of all your Guests or anyone to whom you provide access to Bowerswood. You are responsible for leaving Bowerswood in the condition it was in when you arrived (excluding making up beds, or any reasonable cleaning and garden maintenance to be undertaken by us following your stay, or any normal wear and tear). You are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to Bowerswood. You must leave all doors of the house and outbuildings locked and windows closed while you and all your Guests are not at Bowerswood and when you check out, and ensure that doors and windows of outbuildings are closed and locked at night. You must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for a child or if you bring a child to Bowerswood, you or one of your adult Guests must be legally authorised to act on behalf of the child and you or your adult Guest are solely responsible for the supervision of that child.
You will not hold a party or event at Bowerswood as described in AirBnB’s Community Disturbance Policy. However, you may hold a party or event amongst your Guests that is not covered by AirBnB’s Community Disturbance Policy, for example to celebrate a birthday or wedding. You will not cause a nuisance to our neighbours through noise outside the house between 7am and 11pm, or noise inside the house between 7am and 12pm. If we receive a complaint from neighbours we reserve the right to require you to desist, or if necessary to cancel your Booking.
Check in and check out. Unless otherwise agreed between us, you may arrive at Bowerswood from 4 pm on the check-in day (the first day in respect of which the Booking has been made) and must vacate Bowerswood by 10 am on the check-out day (the last day in respect of which the Booking has been made).
Our obligations. When you have made a Booking in accordance with these Terms, we will give you the right to enter, occupy and use Bowerswood for the dates booked, in accordance with these Terms and as detailed on Bowerswood.com. We will clean, maintain and prepare Bowerswood for your stay to a high standard as displayed in photographs on Bowerswood.com. We will provide all reasonable equipment and facilities to enable you to enjoy your stay at Bowerswood. If any fault develops in any equipment or facilities necessary for the enjoyment of your stay at Bowerswood, we will endeavour to have it repaired as quickly as possible. We will make ourselves available by telephone, email, text or other messaging service throughout your stay and endeavour to answer any questions you may have, and resolve any problems you may encounter, to the best of our ability.
Our Legal Obligations. We agree to comply with any laws, rules, regulations and contracts with third parties that apply to Bowerswood.
Data Protection. We will comply with all applicable requirements of the Data Protection Act 2018 with regard to handling and using personal data of Guests.
Cancellations. We will provide a refund of the full cost of your Booking if you cancel up to 30 days before check-in. If the Booking was made fewer than 30 days before check-in, we will provide a refund of the full cost of your Booking if you cancel within 48 hours of making the Booking and at least 14 days before check-in. If you cancel after the foregoing dates but before 7 days before check-in, we will provide a 50% refund of the full cost of your Booking. We will provide no refund if cancelled within 7 days of check-in. By way of exception to the above, we will provide a refund of the full cost of your Booking if a new Booking is made for the dates of your Booking, irrespective of when you cancel. If we receive a new Booking for fewer nights than your Booking, we will refund 50% of the cost of those nights that were not part of the new Booking.
We will not cancel your Booking unless: (1) we have reasonable grounds to believe you or your Guests will not comply, or have not complied, with these Terms, in particular by holding a party or event at Bowerswood as described in AirBnB’s Community Disturbance Policy, carrying out illegal activity such as consuming illegal drugs or causing a serious nuisance to neighbours at Bowerswood; or (2) as a result of Force Majeur preventing us from making Bowerswood available; or (3) subject to three months’ notice on our part, if we are forced to take up full-time residence ourselves at Bowerswood. We will provide a refund of the full cost of your Booking in cases (2) and (3) but reserve the right not to provide a refund in the case of (1), depending on the circumstances.
Extenuating Circumstances Policy. If an unforeseen event beyond your or our control occurs as specified in AirBnB’s Extenuating Circumstances Policy, after a Booking has been made, making it impracticable or illegal to stay at Bowerswood, the following takes precedence over the Cancellation Policy. Guests that are affected by an event covered by this Policy can cancel their reservation and receive a full refund.
Damage Claims. If you, your Guests, or your pet(s) have culpably damaged our real or personal property (whether deliberately or inadvertently) including consequential damages, or if our personal property is stolen or damaged by third parties as a result of your negligence (for example by leaving doors or windows open or unlocked in breach of these Terms), or if we incur any costs as a result of having to clean Bowerswood beyond any normal cleaning (for example because of smoking or spillage on carpets or furniture), or if we incur any costs as a result of you or your Guests breaching these Terms, we reserve the right to make a Damage Claim. So far as possible, and if requested, we will provide evidence that such damage has occurred (for example photographs), or that such costs will be incurred (for example a quote or price for repair, replacement or cleaning), and you will be given an opportunity to respond and provide any relevant counter evidence. Subject to that response, we may deduct from the £250.00 deposit paid such amount as is necessary to repair or replace the damage property. If requested, we will provide evidence of the cost of the repair or replacement. If the cost of repair or replacement of the damaged property exceeds £250.00 we may request an additional amount to cover the additional cost of repair or replacement up to a total (including the £250.00 deposit) of £1,000.00. Any decisions we make in relation to a Damage Claim do not affect your contractual and statutory rights.
If we do not make a Damage Claim we will refund your deposit within 3 working days after check-out. If we make a valid Damage Claim, we will refund your deposit minus the amount of the Claim as soon as the Claim has been resolved.
Applicable law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of England and Wales.
Invalidity or unenforceability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be void and will not affect the validity and enforceability of the remaining provisions.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.