Terms and conditions
Last updated 04 February 2024
References
Flower Mill Ltd shall be referred to as “Owner”, “we”, “us” or “our” in these terms and conditions.
To make it easier to read these terms and conditions there are a number of further definitions which we use:
- “discretion” means in the sole and absolute discretion of the Owner;
- “Holidaymaker” or “Guest” means you identified in clause 10.c.ii and each person making the booking and/or going on holiday with you and identified in your booking and shall also be referred to (in singular or plural, as the context requires) as “you” or “your” in these terms and conditions;
- “Owner” means Flower Mill Ltd, a limited company registered in Northern Ireland under registration number NI683001 and registered address 22 Larne Road, Carrickfergus BT38 7DX;
- “portal” means a portal used for making a booking for a period of consecutive nights to stay at the property including airbnb.com, booking.com and any others;
- “Property” means the holiday property you book through us plus any common areas of or adjacent to the building in order to gain access to the Property;
- “security deposit” means payment of cash or a card authorisation for a period up to seven days after the departure date, in an amount of £150 for purposes of refund in respect of inter alia any non‐payment on due dates of invoices, other breaches or failures, breakages, fees or additional charges identified in these terms and conditions, all as determined in our discretion;
- “You” means the lead person making a booking through us; and
- “Website” means a website uploaded by the Owner, the address of which will be provided to the Holidaymakers when available.
When you make a booking via our Website, a portal, by email or telephone or in person, or your booking is confirmed by us or you make a payment in respect of a booking, or for any other reason you intend to stay or do stay at the property, you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions to be applicable to such booking. Please read them carefully, particularly clause 11 headed “Limitation of Liabilities and Legal”.
1. Contract of booking
- When you make a booking the contract/agreement to occupy the Property is between you and us.
- Bookings cannot be accepted from persons under 25 years of age and at least one of Holidaymakers is required to be at least 25 years old.
- The property is intended for holidays or short stays only. We don’t allow group bookings for events like stag or hen parties (see House Rules).
- The booking is for a short leisure, business or temporary stay and does not give rise to any form of tenancy or lease and is excluded from eviction protection.
- No bookings are considered made or valid until confirmed by us (in writing or by email) and all then-due amounts have been paid on time without any set‐off or counterclaim and free of deductions and
withholdings, when a contract/agreement will come into being between you and us subject to these terms and conditions. - We will advise you when bookings are being made of the amounts to be paid and due dates, which will include without limitation, payment for accommodation, cleaning and also a safety charge, the latter which will in our discretion be paid either as an additional charge for your booking to be paid together with all other payments for the booking as indicated in the invoice, alternatively by way of an authorisation against your card. Repayment of the safety charge or removal of the authorisation will be made no later than seven days after the departure date strictly subject to any deductions in accordance with these terms and conditions.
- Any failure to make a timely payment on the due dates of an invoice issued for your holiday, whether or not you have used or stayed in or will use or stay in the Property, will entitle us to cancel the booking and apply the safety charge to payment of such invoice. This is without prejudice to any other rights we may have to claim payment for your failure, as damages. You will be required to immediately leave the property upon such cancellation without compensation or refund.
- You may not re‐sell or reassign or otherwise transfer your booking to any other person except with our express written authority.
- Once a booking is confirmed it cannot be changed in any respect by anyone, unless agreed by us in writing and in our discretion. If we agree to make requested changes to your booking (including without limitation, the lead booker and/or the dates of your holiday), additional charges will apply at our reasonable discretion unless otherwise agreed by us in writing. If the daily rate for the alternative arrival and/or departure date is higher than that payable for the original date/s, you will have to pay the extra amount, subject to clause 1.e. If the daily rate for the alternative arrival and/or departure date is lower than that payable for the original date/s, we may in our discretion agree to refund the difference but are not obliged to do so.
- The booking includes utilities unless stated otherwise on the invoice. The Property is equipped with crockery, cutlery, sheets, and adequate cleaning equipment, linen and towels (not to be used outside the Property).
2. Payments and Holiday Insurance
- All payments shall be made by credit card, debit card or direct bank transfer and shall not be valid until received by us without any set‐off or counterclaim and free of deductions and withholdings.
- Subject to clause 1.e to 1.g, full payment of all due amounts as set forth in clause 1.f is required upon our confirmation of booking unless we agree otherwise in writing.
- It is your responsibility to arrange personal holiday insurance if you wish, which we would advise.
3. Cancellations
- Either you or we may cancel the booking only in writing at any time up to 30 days prior to the intended day of arrival, in which case a full refund will be made to you.
- Any requests from you to cancel must be first made to us in writing.
- If a refund is due, we will aim to return the applicable amount within 10 working days of cancellation to the same card or bank account from which we received payment, provided if more than one payment method applies, we will select in our discretion where to repay.
- If you cancel the booking within 30 days of the intended day of arrival, then we reserve the right to retain the full amount paid including any safety charge. Any refund will be at our discretion including as to rebooking out the accommodation to other guests, in which case if we do agree to make a refund, we shall make such to you of your booking cost, less any difference in price where the replacement booking was of a lesser value.
- We reserve the right to cancel bookings within 30 days of the intended arrival date where it is necessary due to reasons outside of our reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation, you will receive a full refund.
4. Holidaymakers’ responsibilities
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5. Owner’s responsibilities
- We will ensure that: ‐ the Property is cleaned and ready for you by the stated arrival date and time; ‐ suitable arrangements are made for you to access the Property; ‐ we treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards you at the Property; ‐ we can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay; ‐ we, and the Property, comply with all applicable laws and regulations (including health and safety regulations); ‐ we have adequate liability insurance in place in respect of your stay; and ‐ you will have exclusive access to the Property for the duration of the holiday (although you agree we or any representative, will have free access to the Property if reasonably required). b. We will not be responsible, nor liable to you (or any Holidaymakers) for any events outside the Owner’s or our reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.
- We will not be responsible, nor liable to you (or any Holidaymakers) for any events outside the Owner’s or our reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, and damage resulting from exceptional weather conditions or other unforeseeable circumstances.
6. Pets
Pets are not allowed at the Property except in the case of a registered guide dog and then only if registration documentation is provided and accepted in writing by us and subject to the terms and conditions applicable in such written consent.
7. VAT
All prices quoted include VAT where applicable.
8. Literature, descriptions and amenities
- Where applicable, we have compiled the information in our brochure and on our Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside our control, in which case we cannot accept responsibility.
- We make every effort to ensure that the Property details are accurately reproduced and that the pricing and availability of the Property is correct. Mistakes may occur from time to time, and we reserve the right to rectify errors (including any pricing errors) at any time.
- Where Wi‐Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for leisure, not business, purposes.
- We do not have facilities at the Property for charging electric vehicles.
- The Property was originally built decades ago long before the days of damp-proof courses and cavity walls so some may show signs of damp, particularly in long spells of wet weather. If you have any concerns, please talk to us at the time of making your booking. Also, please remember that should traditional property features (steep stairs or low beams, for example) be a problem for any of you, please mention this before booking.
- Please remember that properties in the country do attract spiders and therefore cobwebs. It does not mean that the Property is dirty or has not been cleaned as cobwebs can be spun almost as quickly as they have been cleaned away.
- Confirmation should be requested before booking if there is any particular detail or facility that is important to you. When you make a booking you accept that, where applicable, minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to a Holidaymaker’s standards.
9. Complaints procedure
If you have any complaint concerning the Property, the matter should be taken up directly with us first. It is important to raise any complaint while you are still at the Property, this will allow us to make reasonable endeavours to remedy the matter so that you can continue with your holiday.
10. Communication and your data
- See our Privacy Policy which explains how we process and store your personal data.
- All electronic data transferred according to these terms and conditions remains our property and may not be replicated in part or whole without our prior written permission.
- All notices, requests, demands, or other communications required or permitted in these terms and conditions shall be given in writing
11. Limitation of Liabilities and Legal
- The contract/agreement to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other UK jurisdictions).
- When making a booking, you acknowledge on behalf of all Holidaymakers that the right to occupy granted by these terms and conditions is not a tenancy of any kind and that no statutory periodic tenancy will arise when it ends.
- Once you have made a booking there is no “cooling off” period as the contract/agreement you have made is for accommodation services for a specific period of performance. You can see further details in the section “When you don’t get 14 days to cancel” on the Citizen’s Advice website.
- We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone at the Property in any way related to the Holidaymakers, or loss of or consequential or indirect loss or damage to their property, or for other matters over which we have no control, reasonable or otherwise.
- Our liability to you under these terms and conditions shall be limited to the total value of your booking (unless the Hotel Proprietor’s Act 1956 applies, in which case our liability will be limited to the maximum prescribed under that Act) except where such loss is caused by our gross negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
- We shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation, or goodwill.
- We shall not be liable for any damages or loss caused by conditions or events beyond our control including, without limitation:
- Strike, lockout, or other labour dispute affecting our employees;
- Acts of God;
- Natural disasters;
- Acts of war or terrorism;
- Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
- Delay in manufacture, production, or supply by third parties of equipment or services;
- Nothing in this clause or these terms shall limit our liability for death or personal injury or in respect of fraudulent misrepresentation.
12. Severability
If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13. Waiver
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
14. Entire Agreement
These terms and conditions constitute the entire agreement of the parties and supersede all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.
15. Third-party rights
Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
16. Jurisdiction
This Agreement shall be construed under Northern Irish Law and the Courts of Northern Ireland shall have exclusive jurisdiction in so far as any matter arising here from is required to be referred to a court of law.
17. Guest verification
We undertake a guest verification for all adults over 18 years old. In order to complete your booking you must complete the online check-in form. Each adult guest must provide proof of identity such as a government-issued photo ID, no later than 7 days prior to the arrival date. This would be a copy of a passport photo page, ID card or driver’s licence. We do not accept holiday photos or social media avatars as proof of identity.
18. House rules - IMPORTANT
Behaviour
- We do not accept bookings for parties or events, including Hen, Stag or other. We reserve the right to cancel party bookings on the spot with immediate check-out.
- Act responsibly and carefully whilst at the Property.
- Abide by any property specific house rules (see House Rules document).
- Leave the Property, including fittings, furniture, equipment in the same condition and cleanliness as on the day of arrival.
- Behave in a way that is not abusive, violent, destructive, menacing, or harassing towards us, any neighbours or others who come to the house.
- Do not engage in any illegal activity at the Property.
- Do not cause unreasonable damage, noise, behaviour or disturbance.
- Respect neighbouring properties and other residents.
- Comply with the Law and Government guidance.
- Do not exceed the maximum number of people on your booking.
- Do not use any technology provided by us to download or access any unlawful or obscene material.
- Do not sit on the furniture with wet clothing.
Smoking and vaping
- Do not smoke or vape inside the Property. Smoke damage inside the Property will be charged at £50 for additional cleaning.
- Do not tamper with smoke alarms, smoke sensors, external video, noise sensors or any other emergency equipment.
Noise disturbance
- Quiet hours are from 10 p.m. through to 8 a.m.
- Keep noise to an acceptable level and respect the “quiet hours”.
- Do not permit visitors at the Property during the “quiet hours”.
Safety and security
- Immediately report lost keys and pay the replacement fee.
- Do not bring any potentially dangerous or hazardous materials or equipment onto or into the Property.
- Secure the Property (including all windows and doors) whenever you leave the Property unattended.
Waste and recycling
- Use the waste recycling bins at the side of the house.
Damage and defects
- Report any damage or breakages to us immediately in writing as they became known during the holiday.
- Pay for any such replacement or repairs at our reasonable request. We may use the security deposit if payment is not made.
- Do not move or remove any furniture from the Property including do not take any furniture outside.
- Permanent damage to linen and towels (including from hair dye, tanning solution, or other chemicals) will be charged at replacement cost.
Check-in and check-out
- On check-out, please hang used or wet towels over the glass railing outside the bathroom.
- Ensure you leave the Property before 11 a.m. on the departure date (check‐out) unless you are agreed a late check-out with us in advance. Information on the check‐in and check‐out procedure will be emailed to you in advance.
- If possible, before departure strip all bedding and leave on the bed.
- Please check you have everything with you when you leave. Especially prescription medication.
Payments
- Make payment for any additional services including costs related to damage or loss within seven days of invoice.
- If extra cleaning is required, we will pass on the appropriate fee for this additional service.