Terms and Conditions
Bodnant Estate Holiday Cottages Terms and Conditions
In these terms and conditions the following terms have the following meanings:


Accommodation; means the cottage shown on the booking agreement or as agreed in
writing between the Bodnant Estate and the Visitor;


Agreement; means the agreement between the Bodnant Estate and the Visitor for the
holiday rental of Accommodation on the booking agreement;


The Bodnant Estate; means the business conducted under that name, and whose
address is Bodnant Estate Office, Tal-y-Cafn, Colwyn Bay, LL28 5RE; and
Visitor; means the person named in the booking agreement.


1. Agreement

1. These Terms and Conditions are provided with your booking agreement the

making of a booking (unless cancelled within 7 working days of receipt of the
Booking agreement) will form an agreement on these Terms and Conditions
between the Visitor and the Bodnant Estate for the holiday rental of the
Accommodation.


2. The Bodnant Estate permits the Visitor to occupy the Accommodation for the
holiday period shown in the Booking agreement together with the use of its
contents.


3. The Visitor will be responsible for all payments and for any damage, whether
caused by the Visitor or his or her party and shall make his or her party fully
aware of these Terms and Conditions.

2. Price Changes


1. Holiday prices are reviewed each year in autumn, for the coming calendar year.
Once prices are reviewed, the price for each Visitor's booking is confirmed on
their confirmation invoice.


2. If the Visitor has booked in advance of the price review, and the price for their
holiday has changed as a result of the review, the Bodnant Estate will notify the
Visitor in writing as soon as possible. The Bodnant Estate will then ask the Visitor
to confirm the booking at the agreed new price, or confirm that they no longer
wish to continue with the booking. Should the Visitor choose not to continue they
shall be entitled to a full refund.


3. If the Bodnant Estate has not heard back from the Visitor within 2 weeks it shall
notify them again and if it has still not received confirmation within a further 2
weeks it shall have the right to terminate the booking. In such circumstances, the
Bodnant Estate will only be liable for the return of the deposit. It is important in
order for the Bodnant Estate to correspond with the Visitor that the Visitor keeps
the Bodnant Estate notified of any changes in their contact details by writing to
Bodnant Estate Office, Tal-y-Cafn, Colwyn Bay, LL28 5RE

or

by telephoning 01492 650562 or e-mailing: [email protected]

 

3. Booking and Payment Terms


1. For bookings made 8 weeks or more in advance, the booking for a holiday will be
effective when a deposit of at least 30% of the holiday price has been received by
the Bodnant Estate. Up to that time it will be a provisional booking, and
provisional bookings are normally held for a maximum of 2 working days. The
full balance of the total holiday cost (including any increase made in accordance
with these Terms and Conditions will be payable not later than 8 weeks before the
holiday begins.


2. For bookings made for a holiday less than 8 weeks away, full payment must be
made at the time of booking.


3. The holiday price includes any applicable Value Added Tax (VAT) 1 . If rates of
VAT change from that included in the holiday price, the Bodnant Estate may
amend prices accordingly.


4. All payments can only be accepted in pounds sterling – Cheque, BACS, Credit /
Debit Card

4. Cancellation


1. If a visitor wishes to cancel a booking, the following terms apply:
1. If notice of cancellation is received by the Bodnant Estate more than 8
weeks before the start of the holiday only the deposit is forfeited.
2. If notice of cancellation is received by the Bodnant Estate less than 8
weeks before the start of the holiday, the entire amount due for the holiday
remains payable and (if already paid) is not refundable.

2. If, following a booking, the full balance is not paid on time; the Bodnant Estate
shall notify the Visitor. If, after 14 days from the date on which full payment is
due, full payment has not been received by the Bodnant Estate, then the Bodnant
Estate may cancel the holiday booking and the above cancellation charges will
apply and the Visitor remains liable for 100% of the holiday cost.

5. Bodnant Estate right to refuse/alter


1. The Bodnant Estate may, at its discretion, refuse any booking
2. The Bodnant Estate may cancel or alter arrangements made for the Visitor
whether before or during the holiday period provided that such cancellation or
alteration is necessary:


1. due to circumstances beyond the reasonable control of the Bodnant Estate;
or
2. to perform or complete essential remedial or refurbishment works.
3. If a booking is altered or cancelled by the Bodnant Estate due to circumstances
beyond its reasonable control, it will take reasonable steps to offer a suitable
alternative booking. If the Bodnant Estate is not able to offer such an alternative
or the Visitor does not accept the alternative offered, the Bodnant Estate will
return to the Visitor the relevant proportion of the money paid by the Visitor to the
Bodnant Estate in respect of the Accommodation and will not otherwise be liable
for any loss caused by such alteration or cancellation. If a booking is altered or

1 No VAT is chargeable on the rent payable for two of the Bodnant Estate holiday cottages, namely Ty Newydd
and Garth Iwrch.

 

cancelled by the Bodnant Estate in order to perform or complete essential
remedial or refurbishment works it shall offer the Visitor an alternate cottage

6. Change of Booking


1. Transferred bookings are not normally permitted e.g. a transfer from one cottage
to another, a change in the Visitor or a transfer from one date to another.


2. The Bodnant Estate may, at its discretion, accept transferred bookings subject to
payment of a fee of £25.00 (twenty-five pounds). However, bookings will not
normally be accepted within one month of the Visitor's holiday, or from one
calendar year to another.

7. Maximum Numbers of Visitors


1. Occupation must be limited to the maximum number of persons for the
Accommodation stated in the brochure or on the Bodnant Estate website, in the
available beds only – no tents, caravans or campervans are allowed. The
occupation limits are set in line with the level of services available & insurance in
each cottage. To exceed the maximum number of persons in a cottage overloads
the facilities available which are often not designed or capable of supporting
additional usage, and can lead to extensive and expensive damage. As such, any
over-occupancy is considered to be a serious infringement of the Terms and
Conditions and can result in an immediate requirement to vacate the premises,
with no refund of monies due, and possible further charges in the event of damage
to the facilities caused by excess usage (for example, a malfunctioning septic tank
which has been used by a greater number of people than the tank is designed for).

8. Services


1. The holiday price will include all charges for water, gas, electricity, or oil.
Visitors must comply with the instructions found in the welcome pack in the
Accommodation regarding the appropriate fuel for use on open fires or stoves
within the Accommodation. Any damage caused by using inappropriate fuel will
be charged to the Visitor.


2. Please be aware old properties can be creaky, have uneven floors & walls and
often steps into rooms so go carefully on arrival until you know the geography &
terrain of the house. Older properties do have bugs & beasts so even when a house
has just been serviced you can find cobwebs around and in the summer you may
find beetles, flies & ants. Many of the stone cottages were built before modern
Damp-courses & in our local climate you find damp patches after wet spells. You
are of course welcome to contact the Estate Office with any problems & we will
endeavour to send a maintenance person to assess the property.

9. Liability for Loss of or Damage to Visitor Property


1. Any Visitors property found at the Accommodation or on Bodnant Estate
property will be returned to the Bodnant Estate Office We cannot be held
responsible for Lost property will normally be disposed of if it is not claimed within 28

 days and the Bodnant Estate may charge a reasonable administration fee

to cover the costs of storage & postage back to the guest. Payment will be
requested for postage prior to its return.
2. The Bodnant Estate will not be liable for any loss of or damage to property or any
other loss or damage caused by it or its agents or contractors:
1. unless it has breached a legal duty of care owed to, or contractual term for
the benefit of, the claiming party;
2. where such loss or damage is not a reasonably foreseeable result of any
such breach; or
3. where such loss or damage results from a breach by the claiming party of
any duty of care owed to, or contractual term for the benefit of, the
Bodnant Estate.

10. Pets
1. Dogs are permitted in all Bodnant Estate cottages, subject to a maximum number
of two dogs and only well trained dogs are permitted on condition that they are
not allowed upstairs, on the furniture, and especially the beds, nor left unattended
in the Accommodation. A charge will be made for each dog. No other domestic
pets can be accepted in Bodnant Estate holiday cottages. Dogs found to have
stayed in the cottage but not disclosed on the booking form will be charged at
£35.00. At the end of the holiday all traces of the Dog must be cleaned from the
house & Garden. Failure to clean up after your dog may incur extra cleaning costs.
2. Assistance dogs are permitted in the Accommodation and the restrictions and the
charges described in clause 10.1 above do not apply to such dogs. However, the
Visitor must notify the Bodnant Estate of the intended presence of any assistance
dogs prior to booking.

11. Bodnant Estate Right of Entry
1. As with any accommodation, there is a need for ongoing and occasionally
unforeseen work in any Accommodation. The Bodnant Estate and its contractors
may enter the Accommodation at any reasonable time for reasonable cause. This
includes the need to undertake inspections and audits necessary to operate the
business, the undertaking of unforeseen (internal and external) remedial repairs
together with any annual external re-decoration for which access to the inside of
the Accommodation may be required. External windows and doors may be opened
during this process.
2. The Bodnant Estate will give the Visitor reasonable notice of such requirements,
and aims to restrict the working hours of our contractors to between the hours of
10.00 – 15.30.

12. Visitor Obligations
1. The Visitor will be responsible for all payments and for any damage, whether
caused by the Visitor or his or her party, and shall make his or her party fully
aware of these Terms and Conditions.
2. The Visitor agrees to keep and leave the Accommodation and its contents in the
same state of repair and condition, and in a clean and tidy state as at the
commencement of the booking period (reasonable wear and tear excepted).

 

3. The Visitor must allow the Bodnant Estate and/or its agents to enter the
Accommodation to inspect the state of it, on reasonable notice, except in
emergency when immediate access must be granted.
4. The Visitor must not use the Accommodation or allow its use for any dangerous,
offensive, noisy, illegal or immoral activities or carry on there any act that may be
a nuisance or annoyance to the Bodnant Estate or to any neighbours.
5. The Visitor and his or her party must comply with any reasonable regulations
relating to the Accommodation of which the Visitor has written notice. Such
regulations will be found in the welcome folder in the Accommodation, typical
examples would include any local conditions regarding parking, waste disposal
and recycling.
6. Smoking is not permitted in any part of the Accommodation and the Visitor and
any member of his or her party agrees not to smoke inside the Accommodation.
7. The use of fireworks by the Visitor or his or her party at the Accommodation is
not permitted unless expressly agreed in writing with the Bodnant Estate. Use of
disposable barbecues is not permitted at any time. – We supply BBQ’s in each
cottage.

13. Damages and Security Charge
1. The Bodnant Estate recommends that Visitors hold personal insurance for
accidental damage and personal liability. The owner has taken care to ensure that
the property and its contents are safe and in good order. The Owner cannot accept
liability for any damage, expense, injury, death or loss of any nature whatsoever
other than that caused by the negligence of the owner of their employees (Whilst
acting in the course of their employment)
2. If on arrival at the Accommodation you discover that anything is missing or
damaged, then this must be reported to the Bodnant Estate immediately otherwise
it will be presumed that the damage/loss was caused by the Visitor and a charge
will be made.
3. The hirer must take care of the property & its fixtures & fittings and leave it clean
and tidy & in the same condition as the start of the holiday. Any breakages or
damage must be reported to Owner of housekeeper who has the right to request
payment to cover the cost of repair or replacement.

14. Occupation
1. The Agreement is personal to the Visitor. The Visitor must not use the
Accommodation except for the purpose of a holiday by the Visitor and the
Visitor's party during the holiday period, and not for any other purpose or longer
period.
2. The maximum occupancy of the Accommodation shall not be exceeded. However
the Bodnant Estate will always give reasonable consideration to specific requests
for use of the Accommodation which may relate to occupancy (for example, a
function or celebration). If the Visitor wishes to hold any function or celebrations
exceeding the occupancy limit, it must first obtain the written permission of the
Bodnant Estate. If permission is granted, an additional charge will be made.

 

15. Water Supply
1. The Bodnant Estate cannot accept responsibility for a shortage of water at the
Accommodation where this is as a result of a drought, an act or omission of the
relevant water services company or for any other reason outside of the Bodnant
Estate's reasonable control.

16. Weather
1. If the Accommodation becomes inaccessible due to bad weather, the Bodnant
Estate will take reasonable steps to inform the Visitor and to offer an alternative
Bodnant Estate cottage. However, the Bodnant Estate's liability does not extend to
weather related conditions that affect public roads

17. Comments/complaints
1. Every reasonable care will be taken to ensure that the Accommodation is
presented to visitors to a high standard. Should the Visitor find on arrival that
there is a problem or cause for complaint, the Visitor should immediately contact
the housekeeper (whose contact details will be provided). Reasonable steps will
then be taken to assist the Visitor.
2. The Bodnant Estate is committed to ensuring that any problems or complaints the
Visitor may have whilst at the Accommodation are resolved efficiently and
promptly, but as such must be given the opportunity to do so. Any refusal to
notify the Bodnant Estate or refusal of reasonable rectification may affect the
Visitor's right to compensation or repayment.
3. Visitors must provide a contact telephone number and suitable time for the
housekeeper or the Bodnant Estate to communicate with them about problems or
complaints. Visitors must allow access to the Accommodation by any staff or
contractors of the Bodnant Estate to resolve problems or complaints. If despite
contacting the housekeeper the problem or complaint remains unresolved, the
Visitor must contact the housekeeper again or the Bodnant Estate Office. The
Visitor must not independently move to other accommodation without first
allowing the Bodnant Estate the reasonable opportunity to assist in resolving the
complaint or problem. If the Visitor does so, or refuses reasonable rectification,
the Visitor may affect their rights to compensation or repayment.
4. Visitors must formally confirm any unresolved complaint in writing to the
Bodnant Estate within 28 days of return from holiday, addressed to: Bodnant
Estate Office, Tal-y-Cafn, Colwyn Bay, LL28 5RE.

18. Arrival and Departure Times
1. The Visitor and his or her party must arrive after the arrival time (4:00pm on the
first day of the holiday period) and depart before the departure time (10:00am on
the last day of the holiday period). The Bodnant Estate recommends arrival before
7pm in winter months where access to rural Accommodation is often made more
difficult due to lack of local lighting. Any stay that extends beyond this period
will be subject to a charge being made for additional days.
2. The Visitor will be issued with a set of keys to the Accommodation on the first
day of the holiday period and the Visitor must return them on the last day of the

 

holiday period or the date of departure, if earlier. Failure to do so will incur the
cost of a replacement set.

19. Rural way of life
1. Many of the cottages are located in rural areas and any action by the Visitor and
his or her party that interrupts or endangers the livelihood of others authorised to
use the Accommodation and/or the surrounding land belonging to the Bodnant
Estate, will constitute a breach of the Agreement by the Visitor.

20. Right to Evict
1. The Bodnant Estate may terminate the Agreement on notice, and in such case the
Visitor and his or her party must leave the Accommodation (without
compensation being payable to the Visitor or any member of his or her party) if:
1. this is deemed necessary by the Bodnant Estate where there is a serious
breach by the Visitor of the Agreement or the Visitor's or his or her party's
behaviour endangers the safety of other visitors or members of staff; or
2. any complaints are made of anti-social behaviour or unreasonable
breakages or damage occurs or smoking restrictions are not observed.

21. Liability of the Bodnant Estate
1. Nothing in these Terms and Conditions shall limit or exclude the liability of the
Bodnant Estate for death or personal injury resulting from its negligence or for
fraudulent misrepresentation or for any liability which cannot be excluded by law.
2. Subject to condition 21.1 above, all warranties, conditions and other terms implied
by statute or common law are, to the extent permitted by law, excluded from the
Contract.
3. Subject to condition 21.1 above, the Bodnant Estate shall not be liable for any
actual or alleged indirect or consequential loss howsoever arising suffered by the
Visitor or any of his/her party, or for any loss (either direct or indirect) of profits,
anticipated profits, savings, business or opportunity or loss of publicity or loss of
reputation or opportunity to enhance reputation or any other sort of economic loss.
4. Subject to condition 21.1 above, the aggregate liability of the Bodnant Estate to
the Visitor or any of his/her party for breach of contract, misrepresentation, in tort
or otherwise arising under or in connection with the Contract shall be limited to
damages not exceeding three times the total amount of the Rental Fee received
from the Visitor.
5. The Bodnant Estate shall not be liable for any delay or non-performance of its
obligations under the Contract to the extent that the performance is interrupted or
prevented by any act or omission beyond its reasonable control (i.e. a force
majeure event). The Bodnant Estate shall as soon as reasonably practicable upon
it becoming aware of the same notify the Visitor of the force majeure event.

 

22. Data Protection
1. For the purposes of the Data Protection Act 1998, the Bodnant Estate is a Data
Controller of all personal data provided to it by the Visitor and will process such
personal data, for the purposes of processing and administering the booking.
2. The Bodnant Estate will comply with the Data Protection Act 1998 and any
directions issued by the Information Commissioner in the processing of such
personal data.
3. The Visitor agrees that the Bodnant Estate may process his or her personal data in
this way and may need to pass your personal data on to third parties and
organisations who need to know them so that the booking can be provided.
4. The Visitor agrees that the Bodnant Estate may also process and store his or her
personal details for its own administration, market analyses and operational
reviews.
5. The Bodnant Estate would also like to store and use the Visitor’s personal data for
future marketing purposes (for example, sending brochures, details of promotions,
or offers which the Bodnant Estate feels may be of interest to the Visitor). All
details, with the exception of credit/debit card data, given to the Bodnant Estate at
any time will be kept, but only names, contact details and the booking preferences
will be used for marketing purposes unless the Visitor is informed otherwise when
the information is provided. If the Visitor has made his or her booking by
supplying details to the Bodnant Estate in writing or by telephone, by entering into
the Agreement on these Terms and Conditions the Visitor consents to the Bodnant
Estate sending him or her such information. If you do not wish to receive such
information from the Bodnant Estate, please notify the Bodnant Estate in writing.

23. Miscellaneous
1. If any provision of these Terms and Conditions (or part of any provision) is found
by any court or other authority of competent jurisdiction to be invalid, illegal or
unenforceable, that provision or part-provision shall, to the extent required, be
deemed not to form part of the Agreement, and the validity and enforceability of
the other provisions of the Agreement shall not be affected.
2. You shall not, without the prior written consent of the Bodnant Estate, assign or
transfer, or deal in any other manner with all or any of your rights or obligations
under the Agreement.
3. A person who is not a party to the Agreement shall not have any rights under or in
connection with it.
4. The construction, validity and performance of the Agreement shall be governed by
the law of England and Wales, and both parties submit to the non-exclusive
jurisdiction of the UK Courts.
5. Internet Access – We ask that you and fellow guests be responsible for its use.
Please avoid any excessive downloading, or downloading or accessing of illegal
or offensive material. Please note that this service is provided for recreational
purpose and is not meant for business use. We have provide the best connection
we can via satellite broadband which is provided to guests free of charge. Should
guests experience difficulties or loss of use, neither the owner nor the broadband
supplier can be held responsible.
6. Website & Advertising literature – Whilst every effort is made to ensure the
accuracy of information given within the web-site & in our advertising literature,
if a feature is of particular importance the information should be confirmed prior
to booking the holiday.

 

7. These booking conditions were correct and up to date at the time of print.