ONLINE BOOKING TERMS AND CONDITIONS

FARM STAY UK LIMITED

1. INTERPRETATION

1.1 The following words shall have the following meanings throughout these terms and conditions:-

"you" and "your" means the person who makes the booking on FSUK's website;
"FSUK" means Farm Stay UK Limited.

1.2 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

2. TERMS AND CONDITIONS

2.1 These terms and conditions are between you and FSUK.

2.2 Please read and make sure that you understand these terms carefully before using this web site and committing yourself to a booking because you will be bound by these terms and conditions once a booking has been made by you and FSUK have accepted it. FSUK will not allow you to make a booking on our website unless you have confirmed that you have read AND accepted the terms and conditions of FSUK and those of the PROPERTY OWNER.

2.3 By using this website you agree to be bound by and accept, without modification, the terms and conditions published on this website. If you do not agree with these terms and conditions, then you are not authorised to use this website.

2.4 FSUK reserve the right, in its sole, absolute and unfettered discretion, to modify, alter or otherwise update these terms and conditions at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this website after FSUK have posted notice of such modifications, alterations or updates, you agree to be bound by such revised terms and conditions.
 

3. MAKING YOUR BOOKING

3.1 All bookings are subject to availability.

3.2 When you make a booking on FSUK's website, you undertake that:-

3.2.1 You are at least 18 years old and have the legal capacity to make the transaction at the time of booking;
3.2.2 You are responsible for making payment of the deposit to FSUK and you accept financial responsibility for all transactions made under your name or account;
3.2.3 You are authorised to do so and that all other party members agree that the booking is subject to these terms and conditions; and
3.2.4 The details you give to FSUK when making a booking are correct in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the deposit.

3.3 Subject to the above and receipt of the deposit by FSUK, you will be issued with a written confirmation by email as soon as reasonably possible showing your booking details and the amount of the deposit paid. Your binding contract with the PROPERTY OWNER comes into existence when the written confirmation is received.

3.4 As soon as your confirmation is received, you must check the details carefully.  If anything is not correct you should tell us immediately. It is your responsibility to check your emails regularly and to advise of any change to your email address.

3.5 FSUK, on behalf of the PROPERTY OWNER have the right to refuse any booking prior to the issue of your written confirmation.  If FSUK do this, FSUK will tell you in writing and promptly refund any deposit due that you have paid to FSUK  In this case neither FSUK nor the PROPERTY OWNER shall have any liability towards you.

3.6 You must not use the website for speculative, false or fraudulent bookings.

3.7 Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to your booking and may make the booking fee subject to increase. Please ensure that the details you give match those on your credit card billing statement. FSUK also reserves the right to cancel bookings after issue if payment of the deposit is declined or incorrect cardholder details and billing information have been supplied.

3.8 In an effort to minimise the effects of credit card fraud, FSUK reserve the right to carry out random checks and may request you to either fax or post to FSUK proof of your address and a copy of the credit card and recent statement before processing any bookings.

3.9 Please note that any ratings shown on FSUK's website are those of the national Tourism Agency of England Scotland Wales or Northern Ireland (as the case might be) or the AA. Therefore FSUK cannot be held responsible for any misconceptions relating to star ratings.

4. PAYMENT

4.1 When you make a booking on FSUK's website, you should pay the deposit amount or full amount then due (this will depend on the PROPERTY OWNER) by debit or credit card on FSUK's website. The deposit must be paid before FSUK sends you the confirmation email and passes your details onto the PROPERTY OWNER.

4.2 Please be aware that all deposits paid by the party leader to FSUK when making a booking on FSUK's website are non-refundable once the confirmation has been emailed by FSUK.

4.3 Credit card companies charge us a fee when you pay with their cards and therefore FSUK reserves the right to charge a credit card fee which is applied to some travel bookings made with Visa, MasterCard or American Express or other credit cards as detailed.

5. PRICING

5.1 The amount of the deposit may be increased or decreased and corrections made to errors in advertised deposits at any time before you make your booking on the FSUK website. The amount of the deposit paid will be confirmed at the time of booking. 

5.2 All deposits quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your booking at the time of booking.

6. BROCHURE OR WEBSITE DETAILS

FSUK aim to ensure that the information provided by the PROPERTY OWNER is accurately conveyed on FSUK's website.  There may be small differences between the actual property and its description, as the PROPERTY OWNERS are always seeking to improve services and facilities.  Occasionally, problems mean that some facilities or services become unavailable or subject to restriction.  If this happens, the PROPERTY OWNER will tell the party leader as soon as reasonably practical after the PROPERTY OWNER becomes aware of the situation.  FSUK cannot accept responsibility for any changes or closures to local services or attractions mentioned on FSUK's website.  FSUK makes reasonable efforts to ensure that information supplied to you in relation to your booking is accurate and complete as at the date given.  FSUK cannot accept responsibility for any inaccurate, incomplete or misleading information about any booking, except where any such information has arisen out of our negligence.

7. CHANGING OR CANCELLING YOUR BOOKING

7.1 Changes

If you wish to change any detail of your confirmed booking you must contact the PROPERTY OWNER at once, but no guarantee can be given that the PROPERTY OWNER concerned will be able to meet any such request and which will be subject to the terms and conditions laid out by the PROPERTY OWNER

7.2 Cancellations
 
7.2.1 If you have to, or wish to, cancel your booking, the party leader must contact the PROPERTY OWNER as soon as possible.  The day the PROPERTY OWNER receives your notification of cancellation is the date on which your booking with the PROPERTY OWNER is cancelled.  Your cancellation will be subject to the cancellation terms and conditions laid out by the PROPERTY OWNER.

7.2.2 Depending on your reason for cancellation, you may receive a refund authorized by, and at the discretion of, the PROPERTY OWNER of all monies you have paid to them for your booking and as laid down in their terms and conditions   Any such refund can only be made to the card used for the original booking.

8. CANCELLATIONS OR CHANGES BY THE PROPERTY OWNER

The PROPERTY OWNERS do not expect to have to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled or errors in brochures or other details corrected.  The PROPERTY OWNER reserves the right to do so.  If this does happen, the PROPERTY OWNER, will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation; minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. 

9. FSUK's LIABILITY TO YOU

9.1 When you book a property with FSUK acting as agent for the PROPERTY OWNER concerned you enter directly into a contract with the owner. As FSUK acts as agents when taking your booking, FSUK accepts no liability in relation to any contract you enter into for accommodation or for the acts or omissions of any PROPERTY OWNER, anyone representing or employed by them, or other person or party connected with your booking, or for any shortcomings or defects with or in any property as all properties are within the sole control of the PROPERTY OWNERS.

9.2 Your contract with the PROPERTY OWNER is subject to their terms and conditions, which may contain additional limitations to their liability.

9.3 If you have any complaints regarding any services FSUK provides (as opposed to any provided by the PROPERTY OWNER), you must inform FSUK immediately in writing and in any event within 7 days of the end of any arrangements booked through FSUK. FSUK regrets that it cannot accept any liability if FSUK is not so notified.

9.4 Our maximum liability to you if FSUK is found to be at fault in relation to any service FSUK provides (as opposed to any service provided by the PROPERTY OWNER for whom FSUK is not responsible) is limited to the amount of the commission FSUK has earned or are due to earn in relation to the booking in question, plus any unrecoverable expenses directly related to your booking which you incur as a result of that failure. 

9.5 FSUK does not exclude or limit any liability for death or personal injury which arises as a result of FSUK's negligence or that of FSUK's employees whilst acting in the course of their employment, or for FSUK's own criminal act.

9.6 Neither FSUK nor the PROPERTY OWNER can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the PROPERTY OWNER's control nor for the failure of public utilities such as water, gas and electricity.  

10. INSURANCE

FSUK recommend that you take out adequate travel insurance to cover you for the duration of your stay.  

11. DISABILITIES AND MEDICAL PROBLEMS

If you or any member of your party has any medical problem or disability that may affect your booking you must contact the PROPERTY OWNER before you make your booking  If the PROPERTY OWNER reasonably feels unable to properly accommodate the particular needs of the person concerned, the PROPERTY OWNER reserves the right to decline the reservation.

12. YOUR PROPERTY 

12.1 Please refer to the terms and conditions as laid out by the property owner

12.2 Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all properties even where the property description states that pets are not allowed. 

12.3 Customers with allergies should be aware that FSUK cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can FSUK accept any liability for any suffering which may occur as a result of such animals having been present. 

13. SPECIAL REQUESTS

If you have any special requests you must advise the PROPERTY OWNER before the booking is made who might also request written confirmation from you. Failure to meet any special request will not be a breach of these terms and conditions.  Conditional bookings cannot be accepted ie: any booking which is specified to be conditional on the fulfilment of a particular request. 

14. COMPLAINTS

14.1 If you have any cause for complaint then FSUK, together with the PROPERTY OWNER, are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the PROPERTY OWNER, any queries or concerns should be addressed to them.  It is essential that you contact the PROPERTY OWNER or their representative immediately if any problem arises so that it can be speedily resolved.  It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the PROPERTY OWNER is promptly notified.  Discussion of any criticisms with the PROPERTY OWNER or their representative whilst you are in residence will usually enable shortcomings to be rectified straightaway.  In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. 

14.2 As FSUK acts only as an agent for the PROPERTY OWNER, FSUK cannot accept any liability for your property.  If you feel that a problem has not been resolved to your satisfaction, then the party leader must, within 30 days of returning from your holiday rental, put your complaint in writing to FSUK.  This will then be passed on to the PROPERTY OWNER. This procedure is designed to ensure the speediest possible investigation and rectification of complaints.

14.3 Please help FSUK and the PROPERTY OWNER to help you by following this procedure.  Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in FSUK's capacity as agent only.

15. FSUK'S WEBSITE

15.1 FSUK does not make any warranty that this website is free from infection by viruses or anything else that has contaminating or destructive properties.

15.2 FSUK assume no responsibility for the contents of any other websites to which FSUK's website has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content on such hyperlinked sites. FSUK may not have control of such websites. The inclusion of any hyperlinks to such other websites does not mean that FSUK endorse the material on such websites or have any association with the owner thereof.

15.3 This website may permit you to link to many other websites that may or may not be affiliated with this website and/or with us, and that may have terms and conditions that differ from, or contain terms and conditions in addition to, these terms and conditions specified on this website. Your access to such websites through any links provided on this website is governed by the terms and conditions of those websites, and not this website.

15.4 FSUK does not guarantee the transmission or processing of any information or online activity or transaction submitted to this website. The transmission of any information does not mean the online activity or transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All online activities and transactions are subject to written confirmation, whether in electronic form or otherwise.

15.5 The level of service available on and from this website may vary, and this website may be inaccessible or "down" for periods of time and FSUK reserve the right to suspend or discontinue this website, in whole or in part, for business or technical reasons.

15.6 Neither FSUK nor any person involved in the creation, production and distribution of this website, warrants that the functions contained in this website will be uninterrupted or error-free or that defects will be corrected.

16. CONDITIONS OF USING FSUK'S WEBSITE

16.1 As a condition to your use of this website, you warrant to FSUK that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

16.2 FSUK reserve the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this website or who violate these terms and conditions. If you violate any of these terms and conditions, your permission to use this website immediately terminates without the necessity of any notice.

17. INTELLECTUAL PROPERTY

17.1 This website is owned, controlled, managed and operated by FSUK.

17.2 All content on this website, including, but not limited to text, images, illustrations, audio clips and video clips, are protected by copyrights, trademarks and/or other intellectual property rights and are owned and controlled by FSUK.

17.3 This website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this website. You may only download to your personal computer for viewing purposes and print out pages from this website for your personal use.

18. DISCLAIMER OF WARRANTIES AND LIABILITY

18.1 All content on this website is provided "as is" and "as found" and without warranties of any kind, either express or implied other than those warranties which, under UK law applicable to these terms and conditions, are implied by law and are incapable of exclusion, restriction or modification.

18.2 FSUK disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and infringement.

18.3 FSUK do not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability or accuracy of any content information, service and/or merchandise acquired pursuant to your use of this website.

18.4 FSUK attempts to ensure that the content that you access on this web site at any one time is accurate. However, the content may include inaccuracies, typographical errors and omissions. FSUK will d oits best to correct errors and omissions as quickly as practicable after being notified of them. Changes are periodically made to the content that you access on this website with additions, deletions and amendments occurring thereto and improvements and/or changes may be made to the functionality, design or layout of this website.

18.5 You expressly agree that use of this website is at your sole risk. You (and not us) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither us nor any person or entity involved in the creation, production and distribution of this website, is responsible or liable to any person whatsoever for any loss, damage (whether indirect, punitive, incidental, special, or consequential), liability or other cause of any kind or character whatsoever based upon contract, tort, strict liability or otherwise arising out of or resulting from the use or attempted use of this website or any other linked site, except in relation to liability, loss and damage for death or personal injury for which no limit applies.

18.6 By way of example and without limiting the generality of the foregoing, we shall not be liable for any claim, loss or damage arising out of or resulting from failure of performance of this website, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or other materials appearing on this website. You expressly acknowledge and agree that FSUK are not liable for any defamatory, offensive or illegal conduct of other subscribers or third parties.

18.7 FSUK shall only be liable for direct loss arising out of or resulting from the use of this website, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events.

18.8 This liability section applies only and to the greatest extent permitted by law.

18.9 This does not affect your statutory rights as a consumer.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless FSUK from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these terms and conditions.

20. CONFIDENTIALITY

20.1 FSUK will keep in strict confidence all confidential information which has been disclosed to FSUK by you. FSUK shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging FSUK's obligations under these terms and conditions, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind FSUK.

20.2 This clause shall survive termination of these terms and conditions.

21. DATA PROTECTION

21.1 When you make a booking on the website, FSUK may need to collect information about you to process the booking. FSUK will only use the personal information you provide to it to process the booking, or to inform you about similar services which FSUK provides, unless you tell FSUK that you do not want to receive this information. Personal information may include, but is not limited to, details such as your name, your address and your credit card details.

21.2 Unless FSUK have your express consent, FSUK will not pass your data to third parties.

22. FORCE MAJEURE

22.1 FSUK will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms and conditions that is caused by events outside FSUK's reasonable control (Force Majeure Event).

22.2 For the purposes of these terms and conditions, Force Majeure Event means an event beyond the reasonable control of FSUK including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of FSUK or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

22.3 FSUK's obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and FSUK will extend the time to perform these obligations for the duration of that period. FSUK will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which FSUK's obligations under these terms and conditions can be performed despite the Force Majeure Event.

23. ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and FSUK. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of FSUK which is not set out in these terms and conditions.

24. ASSIGNMENT AND SUBCONTRACTING

24.1 FSUK may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these terms and conditions and may subcontract or delegate in any manner any or all of its obligations under these terms and conditions to any third party or agent.

24.2 You shall not, without the prior written consent of FSUK, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions.

25. NOTICES

25.1 Unless stated otherwise in these terms and conditions, any notice or other communication required to be given to FSUK under or in connection with these terms and conditions shall be in writing and shall be delivered to you personally, or sent by prepaid first-class post, recorded delivery, or by email, at your address.

25.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at your address or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by email, on the next business day after transmission.

25.3 For the purposes of this clause, "writing" shall include e-mails and for the avoidance of doubt notice given under these terms and conditions shall be validly served if sent by e-mail.

26. WAIVER

26.1 A waiver of any right under these terms and conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by FSUK in exercising any right or remedy under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

26.2 Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.

27. SEVERANCE

27.1 If a court or any other competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.

27.2 If any invalid, unenforceable or illegal provision of these terms and conditions would be valid, enforceable and legal if some part of them were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

28. NO PARTNERSHIP

Nothing in these terms and conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and FSUK, nor constitute you or FSUK the agent of another party for any purpose. Neither you or FSUK shall have authority to act as agent for, or to bind, each other in any way.

29. RIGHTS OF THIRD PARTIES

A person who is not a party to these terms and conditions shall not have any rights under or in connection with them.

30. VARIATION

Any variation, including the introduction of any additional terms and conditions, to these terms and conditions by you, shall only be binding when agreed in writing and signed by FSUK.

31. GOVERNING LAW AND JURISDICTION

These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.