TERMS & CONDITIONS
THE AGREEMENT
The rental agreement is between the ‘Guest’ and the ‘Owner’. The contract is deemed to have been made once the ‘Guest’ has paid a deposit and we have dispatched a confirmation of booking. The ‘Guest’ must be over 18 years of age at the time of booking.
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BOOKING
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The ‘Guest’ whose name the booking is made under is deemed to have agreed to these Terms and Conditions and will be responsible for all persons included in the booking, and therefore should ensure that all other persons are aware of these Terms & Conditions. We reserve the right to decline any booking or refuse to hand over a key to any person who has not or does not comply with these Terms & Conditions. If these Terms & Conditions are deemed to have been broken during the stay, the ‘Owner’ reserves the right to (a) terminate the booking with immediate effect with no refund due, (b) retain the full Good Housekeeping Deposit amount with no exception.
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PAYMENT
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For bookings made more than 8 weeks before arrival, a non-refundable deposit (part payment) of 30% of the total cost of the holiday is required. The balance is due 8 weeks before the holiday commences. For bookings made less than 8 weeks before arrival, the total amount is payable in full. Payment is to be made by card payment.
The ‘Guest’ agrees to pay the balance of the payment EIGHT(8) weeks before the holiday is due to commence. Email reminders are sent, but delivery cannot be guaranteed. Where a ‘Guest’ fails to pay their balance by the due date, the booking may be deemed as cancelled and the deposit retained.
CANCELLATION OR CHANGES BY THE 'GUEST'
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Once the holiday is booked the ‘Guest’ has entered into a legally binding contract. If the 'Guest' cancels more than eight weeks before the holiday, then the deposit will be refunded in full.
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If the guest cancels less than eight weeks before the holiday, then a partial refund of the amount paid will be made as follows:
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56 - 28 days prior: A 25% refund will be made
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28-7 days prior: A 10% refund will be made
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Less than 7 days prior: A 5% refund will be made
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It is recommended and expected that the Guest will have or will take out a holiday insurance policy (which includes cancellation insurance covering sickness and unavoidable reasons for cancellation) prior to their stay.
Cancellations must be notified in writing (including by email) to ‘us’ immediately. We will confirm the receipt of your cancellation by email.
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SECURITY DEPOSIT AND DAMAGE WAIVER
We are committed to protecting our property and keeping up-to-date with short-term rental regulations. That is why we will independently verify 'Guests' before the commencement of each booking.
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Please note: Before your booking is confirmed, you will need to verify your details with us to complete your booking. You will be contacted via email and/or text to complete the verification. The email will come from our partner Superhog
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You will also be given the choice between paying a refundable deposit or buying a non-refundable damage waiver. We suggest you buy the damage waiver as this protects you in case you cause accidental damage during a booking.
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ARRIVAL AND DEPARTURE
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The property is available for occupation from 4.00 pm on the first day of the holiday and must be vacated by 10.00 am on the last day.
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CLEANING
The ‘Guest’ is responsible for leaving the accommodation in good order and in a clean condition; otherwise, a cleaning charge will be levied. Please note that the convention for UK Holiday cottages is that ‘Guests’ are expected to leave the property in a similar state to which they find it (reasonable cleaning excepted). Please abide by this convention so we can continue to provide good value for guests.
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NUMBER OF PEOPLE USING HOLIDAY ACCOMMODATION
The ‘Owners’ permit the ‘Guest’ and members of the ‘Guest’s’ party (but no one else) to occupy the property for holiday purposes only. The ‘Guest’ must declare the correct number of additional guests during booking and, if this changes, must inform us before the rental commences of any change. No more than the maximum number of persons stated on the website may occupy the property unless by prior written agreement with us. Extra charges may be applicable if the number of ‘Guests’ differs from the number on the booking.
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VISITORS
‘Guests’ must seek advanced permission from the ‘Owners’ before allowing any visitors onto site. The ‘Owner’ reserves the right to ask any unauthorised visitors to leave the premises without question. No visitors are permitted to stay overnight.
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PETS
The ‘Guest’ may bring a maximum of two pets if this option is chosen when booking. Pets must be well-behaved and should not be left unattended in the property. They are not permitted in the bedrooms or on any furniture in the property. If damage or extra cleaning is caused by pets, the ‘Guest’ may be billed for that charge. No garden or yard is guaranteed as secure for dogs even if described as private or enclosed.
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GUEST RESPONSIBILITY
The supervision of children, babies, dogs and any adults requiring care remains the sole responsibility of the ‘Guest’ at all times.
We supply a travel cot and high chairs free of charge. Please bring your own cot linen. All equipment is used entirely at the users' risk.
‘Guests’ are responsible for making sure the cottage is locked and windows are closed when the property is unoccupied during their stay. Lost Keys: ‘Guests’ are responsible for keeping the property’s keys secure. If the keys are lost the ‘Guest’ must make the ‘Owner’ aware immediately. Depending on circumstances we may need to replace both locks & keys. There is a £100 charge payable to cover the cost of replacements.
‘Guests’ should not move furniture unless absolutely necessary. Where furniture is moved, it should be returned to its original position. ‘Guests’ should not leave any items at the property and, if left, the ‘Owner’ has the right to charge for the removal, return or disposal of those items.
DAMAGE, LOSS, THEFT & BREAKAGES
‘Guests' agree to inform Owners of any damage or loss however caused, excluding reasonable wear and tear incurred during occupation. 'Guests' should not remove any item from the property. The 'Owner' may ask for reasonable replacement costs. In the instance of damage, and where the guest has paid a deposit, the 'Owner' reserves the right to seek reasonable amounts deducted from the deposit paid.
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If extra cleaning (see ‘Cleaning‘ section) is required to make the cottage ready for the next guests this cost will be deducted from the deposit (again, where the 'Guest' has paid a deposit). Please note we do not permit the use of bath bombs, hair dye or items of a similar nature that may cause staining. Bluetac or Sellotape are not to be used on any surface.
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Photographic evidence will be provided in the event of a claim.
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All claims will be handled through our partner Superhog
NUISANCE
‘Guests’ should not cause nuisance or annoyance to occupants of any nearby property. We do not permit large group gatherings/parties or the use of glitter, confetti, fireworks or items of a similar nature. If in our opinion, any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties, the contract may be treated by us as discharged and we may repossess the property immediately. The ‘Guest’ will remain liable for the whole cost of rental and no refund shall be due.
ACCESS
‘Guests’ must allow reasonable access to the property & and gardens by the ‘Owner’ for maintenance & or gardening, given reasonable notice. Please note in ‘high season’ access is required to gardens once a day to water the plants.
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SEAGULLS
Rosemill is in a coastal town with a thriving population of seagulls. We know how unpleasant seagull mess can be, and we always ensure that it is removed during every housekeeping visit, it is not possible for the 'Owner' to guarantee that the external surfaces will be free of it as seagulls are wild and beyond our control.
NO SMOKING OR ELECTRONIC CIGARETTES (VAPING)
Rosemill has a strict No Smoking or vaping policy within the property. 'Guests' are welcome to smoke outside in the yard. Please ensure all cigarette butts are extinguished in the metal smoking bin with sand provided there.
NO CANDLES, JOSS STICKS OR OTHER INFLAMMABLE ITEMS
The 'Owners' take their responsibility to provide a safe place for the 'Guest' to enjoy their holiday very seriously. The 'Owner' has gone to great lengths to ensure the property is equipped with safety equipment and devices and processes to ensure guest safety are part of every housekeeping visit. Part and parcel of this is to ensure that opportunities for fires to begin are minimised. Therefore, on the advice of consultants employed by the 'Owner', no candles or naked flames are permitted within the property.
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COMPLAINTS
Property descriptions and all details both written and verbal are given in good faith and believed to be correct, but interpretation thereof can be subjective and as such their accuracy cannot be guaranteed. Property details may vary over time from photographs and descriptions on our websites.
DISPUTES
Any dispute arising from the booking will be between the ‘Guest’ and the ‘Owner’. No complaints can be considered unless notified during the ‘Guest’s’ stay in the property. It is the duty of ‘Guests’ to minimize any loss to them and therefore it is their responsibility to inform the ‘Owner’ at the earliest possible opportunity of any problem.
The responsibility for the upkeep of the property and any relevant Health and Safety considerations lie with the ‘Owners’. Complaints received after departure cannot be accepted as the ‘Owners’ have had no opportunity to resolve the complaint at the time.
LIABILITY
The ‘Owners’ cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property, its plumbing, gas, electrical services or exceptional weather.
No responsibility is accepted for loss or damage of ‘Guests’ property, (including pets), vehicles or vehicle contents belonging to the ‘Guest’ or any member of their party during the occupancy.
The maximum liability accepted by the ‘Owners’ will be the total cost of the holiday as paid by the ‘Guest’. No other expenses such as travelling costs or alternative accommodation will be accepted.
CANCELLATION BY 'US'
We’ reserve the right to refuse any booking and to cancel any bookings already made if the property is unavailable (eg through fire, flood, etc) for any reason whatsoever, subject to a full refund of all monies paid (but no further liability). ‘We’ shall not be under any other liability if such cancellation occurs.
For all bookings: If you have to vacate your holiday cottage earlier than your expected check-out date no refunds will be made & you must inform the ‘Owners’. If you have not arrived at your property by 12.00 pm the day after your holiday start date, and you have not advised us you will be late, we will deem the holiday to have been cancelled.
PURPOSE OF STAY
By booking this holiday let, the Guest agrees that the purpose of their stay is for work or leisure and that they have a principal place of residency. Under no circumstances can Rosemill, Whitby be your principal place of residency, and if this is shown to be the case, then your stay may be terminated. Stays can only be for a maximum of 28 days.
FORCE MAJEURE
‘We’ cannot accept responsibility or liability for any alterations, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, epidemics, pandemics, acts of any government or public authority, or any other event outside ‘our’ control.
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WAIVER
The failure of ‘us’ to enforce this agreement, at any time or for any period of time, does not constitute and shall not be construed as a waiver of such term or right.
ELECTRIC VEHICLE CHARGING
Please note we do not have charging points for electric vehicles. We do not permit the use of extension leads to charge EV’s via a 3-pin plug or the charging of E-Bikes. Any ‘guest’ doing so will be asked to leave immediately.
MISCELLANEOUS
The ‘Guest’ agrees that the contract with the ‘Owner’ is made at the ‘Owner’s’ premises and that any proceedings between the parties shall be conducted in the County Court nearest to the ‘Owner’.
These booking conditions supersede all previous issues.
Use of ‘our’ websites and services are bound in accordance with these ‘Guest’ terms and conditions and ‘our’ privacy policy which outlines how ‘we’ use and protect ‘Guest’s’ data in the delivery of these services.