Terms and Conditions Birchwell (SA) LTD Guests
Birchwell (SA) LTD Terms and Conditions
By booking accommodation with Birchwell (SA) LTD you are agreeing to the following terms and conditions.
The Booking
Your booking is with Birchwell (SA) LTD (referred to as Birchwell (SA) LTD in these terms and conditions) which is a Limited Company registered in England and Wales 14715106 The Bulrushes, Frithville Road, Sibsey, PE22 0SR
1.1References to ‘you’ or ‘‘‘your’ are references to the person or organisation making the booking with Birchwell (SA) LTD.
1.2 These terms apply to bookings made via the Birchwell (SA) LTD website, by email or telephone or in person with Birchwell (SA) LTD. Bookings made via Booking.com,TripAdvisor, Airbnb and Vrbo etc. will be subject to their terms and conditions and additional our own terms noted here.
1.3 Your booking is confirmed, and a legal contract concluded once your payment has been successfully made. No booking is made, or contract concluded when payment is declined or unauthorised.
1.4 You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
1.5 Bookings can be for any length from one night up to three months. Bookings may be made at any time up to 48 hours prior to your stay to enable us to check your status and credit card details are correct, unless authorised by Birchwell (SA) LTD.
1.6 Bookings may only be made by a person aged 21 or above and there must be at least one person aged 21 or above staying in the accommodation, unless authorised by Birchwell (SA) LTD.
1.7 Proof of ID is required as to is proof of address which must match that of the credit card used for payment.
1.8 You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of Birchwell (SA) LTD.
2. Payment and Cancellations
2.1 All payments shall be made by Credit or Debit Card. Birchwell (SA) LTD do not charge booking fees or credit or debit card fees.
2.2 Full payment is required upon booking unless expressly agreed otherwise by Birchwell (SA) LTD.
2.3 The total price for your entire stay will be presented to you before you confirm your booking and make payment. Our pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon Birchwell (SA) LTD any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
2.4 Both Birchwell (SA) LTD and you may cancel the booking at any time up to 14 days prior to the first day of your booking with Birchwell (SA) LTD in which case a full refund will be made to you. After this period the total amount will be payable. Other policies take precedent.
2.5 If you cancel the booking within 14 days of the first day of your booking, then Birchwell (SA) LTD reserves the right to retain the full amount paid. Any refund will be at Birchwell (SA) LTD’s entire discretion unless it is able to book out the accommodation to other guests, in which case it shall make a refund to you of your booking cost, less any difference in price where the replacement booking was off a lesser value.
2.6 Birchwell (SA) LTD reserves the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of Birchwell (SA) LTD’s reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation the client will receive a full refund.
3. Your stay
3.1 Check-in time is from 4pm and check-out time is 10am, unless expressly agreed by Birchwell (SA) LTD otherwise. Birchwell (SA) LTD may request an additional payment for early check-in or later check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.
3.2 Birchwell (SA) LTD provide serviced accommodation rather than a hotel or guest house service. Birchwell (SA) LTD do not provide meals or newspapers.
3.3 Included in your room/apartment will be linen, towels, toilet roll and soap. A cleaning service is provided, and further information is available on request.
3.4 Your accommodation will also include a supply of coffee, tea, and long-life milk.
3.5 You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions. In particular, you and your guests must not:
3.5.1 Smoke in the premises. All rooms and common spaces in our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises.
3.5.2 Bring more than 2 pets into the premises, with the exception of assistance dogs or unless expressly agreed by Birchwell (SA) LTD;
3.5.3 Take any glassware outside the premises.
3.5.4 Bring any potentially dangerous or hazardous materials or equipment onto the premises.
3.5.5 Tamper with any fire alarms or emergency equipment.
3.4.6 Remove, damage, or destroy any Birchwell (SA) LTD property.
3.5.7 Use any technology provided by Birchwell (SA) LTD to download or access any unlawful or obscene material.
3.5.8 Cause unreasonable disturbance to our other guests or any Birchwell (SA) LTD staff.
3.5.9 Make excessive noise particularly after 11pm especially from TV's and other electronic devices.
3.5.10 Fail to return your room keys/fobs/cards at the end of your stay as, in the interests of security, we may have to replace the corresponding locks.
3.5.11 Fail to turn off heating and electrical appliances, they must be turned off when leaving the property for an extended period of time or on the day of vacating. The use of our utilities is granted under fair use e.g do not have the heating running with the windows open.
3.5.12 Must not use the property as a residential address for any important documentation or post. Birchwell (SA) LTD does not take any responsibility for anything delivered to the address.
‘If applicable’
3.5.13 Breach the hot tub rules: non swimmers and children must not be left unattended and children under 8 should not use the hot tub. For your safety no guests should use the hot tub in a thunderstorm and no electrical appliances should be in the near vicinity of the hot tub. Diving/ jumping is prohibited and the maximum person capacity must not be exceeded. Glasswear must not be taken outside of the premises or near the hot tub. The cover must be fastened down when not in use. Alcohol must not be consumed when using the hot tub.
3.6 Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above.
4. Parking On-Site Policy
This policy applies to all guests using the parking facilities at our accommodations. Please note that not all accommodations offer on-site parking.
4.1 Parking is available at select accommodations on a first-come, first-served basis, unless otherwise specified in the house rules or booking agreement. Guests should confirm the availability of parking at their specific accommodation at the time of booking.
4.2 EV chargers may be available at some accommodations, subject to availability. To use the EV chargers, guests will need to download a specific app on their smartphone for payment and usage. Instructions for the app and usage will be available at the EV charger.
4.3 Guests are required to adhere to all posted signs and markings while using the parking facilities. Guests must drive carefully and be mindful of pedestrians and other vehicles. Parking is at the vehicle owner’s risk. The accommodation is not responsible for any damage, theft, or loss occurring in the parking area.
4.4 Parking is only available for the duration of the guest's stay. All vehicles must be vacated from the parking area by the check-out time on the day of departure.
4.5 Our parking facilities are suited for cars and small, short wheelbase vans. Long wheelbase vans and commercial vehicles may not be accommodated due to space limitations. Guests planning to arrive with a long wheelbase van or a larger vehicle should contact us in advance to discuss potential parking arrangements.
4.6 Improperly parked vehicles may be subject to towing at the vehicle owner’s expense. Any violation of parking rules may result in the revocation of parking privileges.
4.7 The accommodation reserves the right to change this parking policy at any time.
By using the parking facilities, guests agree to abide by this Parking On-Site Policy.
5. On-Site Facilities Booking Policy
Birchwell (SA) LTD offers various on-site facilities, including a communal BBQ garden area, for the enjoyment of our guests. This policy outlines the terms and conditions for booking and using these facilities.
5.1 Facilities are available for booking by guests staying at Birchwell (SA) LTD.Bookings are made on a first-come, first-served basis. We recommend booking as early as possible to avoid disappointment. Bookings can be made through our designated booking system, subject to availability.
5.2 The availability of facilities is not guaranteed and is subject to prior bookings. We strive to keep an updated schedule of availability, which can be checked through our booking system.
5.3 If you wish to cancel your booking of the facility, please email us as soon as possible. Cancellations within 48 hours of the booked activity are non-refundable; however, we appreciate timely notice to make the facility available to other guests.
5.4 Please note that refunds or compensations are not provided due to unfavorable weather conditions. We advise guests to check weather forecasts in advance and plan their bookings accordingly.
5.5 Guests are expected to use the facilities responsibly and leave them in a clean and tidy condition. Any damage to the facilities or equipment must be reported immediately and may result in charges for repair or replacement.
5.6 Guests must adhere to any safety guidelines or regulations provided for the use of the facilities. Children should be supervised by an adult at all times while using the facilities.
5.7 The use of the facilities is for guests of Birchwell (SA) LTD only. Non-guests are not permitted to use the facilities unless authorised by management. Any form of anti-social behaviour, excessive noise, or disturbance to other guests is not tolerated.
5.8 Birchwell (SA) LTD reserves the right to alter the availability of the facilities or close them for maintenance, safety reasons, or other operational needs without prior notice.
By booking and using the on-site facilities, guests agree to abide by the terms and conditions outlined in this policy.
6. Access and Special Needs
6.1 Birchwell (SA) LTD is committed to ensuring that our accommodation is accessible and welcoming to all our guests, in line with the UK Equality Act 2010. We recognise the importance of providing equal access to our services and facilities for individuals with special needs and disabilities.
6.2 Our property is a historic building that has undergone extensive renovation. We understand the unique nature of our property, which includes certain physical limitations:
6.2.1 Stair Access: The entrance to our accommodation includes stairs. As such, it may not be suitable for individuals who require wheelchair access or those who have difficulty navigating stairs.
6.2.2 Limited Disability Facilities: Currently, our accommodation does not have specialised facilities for disabled toilets or bathing. We are continuously seeking ways to improve accessibility within the constraints of our historic building's structure.
6.2.3 Assistance and Information: We are more than happy to discuss individual needs and requirements prior to booking. Please contact us directly to discuss how we can best accommodate you or provide assistance during your stay. Our staff is trained and dedicated to offer assistance wherever feasible.
6.3 We advise guests with specific access needs or concerns to contact us directly before booking to ensure that we can meet their requirements to the best of our ability.
7. Damage, theft and costs
7.1 Birchwell (SA) LTD LTD reserves the right to charge to the credit/debit card used for payment or any other card used to provide security in respect of:
7.1.1 The cost of replacing or repairing any property of Birchwell (SA) LTD. Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above. Including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay.
7.1.2 The cost of replacing any items of property which are stolen from the accommodation during your stay.
7.1.3 Any breach of our non-smoking policy. A standard charge of £150 will be charged to your card where we find evidence of smoking within the accommodation to cover cleaning costs, but we reserve the right to charge additional amounts to cover any damage caused by smoking.
7.1.4 Late check out fee, unless agreed with Birchwell (SA) LTD regarding a late check out, checkouts beyond 10am will result in a charge of £100 per hour.
7.1.5 Such costs may be charged on check-out but Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above. Birchwell (SA) LTD reserves the right to apply such charges to your card at a later date where necessary.
7.1.6 Where Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above. If Birchwell (SA) LTD is unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt.
7.1.7 Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above. Birchwell (SA) LTD will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
8. Privacy, Data Protection and Credit/Debit Card Security
8.1 Birchwell (SA) LTD reserves the right to charge you for any business cost arising from the contravention above. Birchwell (SA) LTD processes information about you that you provide when making a reservation and/or upon check-in in accordance with our privacy policy. By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
8.2 You should note that we are required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival. In addition, for guests who are not of British, Irish or Commonwealth nationalities we are required to take details of your passport or other travel documentation and the address of your next destination.
8.3 For full details on how we collect, use and store personal data including the use of cookies please see our full privacy policy.
8.4 We use a secure third-party service to process card payments (Stripe). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms. We do not make or store any copy of your card details in our own systems or elsewhere.
You can read the privacy policy of the third-party provider here: https://stripe.com/gb/privacy
9. Complaints
9.1 Birchwell (SA) LTD want to ensure that you have an enjoyable stay.
9.2 If you have a problem during your stay, please talk to any member of staff who will be able to help you.
9.3 If Birchwell (SA) LTD are unable to informally resolve any complaint you have at the time of your stay, then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing using the contact details below. Please provide as much information as possible in order that Birchwell (SA) LTD may properly investigate your complaint.
9.4 Your complaint will be dealt with by an appointed member of the Birchwell (SA) LTD management team. Birchwell (SA) LTD aims to respond to formal complaints within 2 days but if this will not be possible Birchwell (SA) LTD will notify you of this and of when it expects to respond. Birchwell (SA) LTD will set out the outcome to your complaint in writing.
9.5 Birchwell (SA) LTD reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
Email address: sa@birchwell.com
Postal address: The Bulrushes, Frithville Road, Sibsey, PE22 0SR
10. Limitation of Liability
10.1 The liability of Birchwell (SA) LTD 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 negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
10.2 Birchwell (SA) LTD 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.
10.3 Birchwell (SA) LTD shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:
10.3.1 Acts of God.
10.3.2 Natural disasters.
10.3.3 Acts of third parties: Any actions or events caused by third parties, such as strikes, labor disputes, acts of terrorism, war, or criminal activities, that may disrupt or affect the guest's stay.
10.3.4 Public health emergencies.
10.3.5 Act or omission of government, highway authorities or telecommunications carrier, operator or administrator.
10.3.6 Delay in manufacture, production, or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods. Any technical failures, including but not limited to power outages, internet disruptions, or malfunctions of essential services, that are beyond our control and may impact the guest's experience.
10.3.7 Unforeseen circumstances: Any other unforeseen or extraordinary circumstances that are not reasonably within our control, and which may impact the guest's stay or the availability of our services.
10.4 Nothing in this clause or these terms shall limit Birchwell (SA) LTD’s liability for death or personal injury or in respect of fraudulent misrepresentation.
11. Severability
11.1 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.
12. Waiver
12.1 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.
13. Entire Agreement
13.1 These terms and conditions constitute the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
14. Third party activities policy
At Birchwell (SA) LTD, we facilitate the booking of various activities offered by third-party service providers. This policy outlines the terms and conditions relating to these activities.
14.1 Activities booked through us but delivered by third-party providers are subject to the terms, conditions, and policies of these providers. Birchwell (SA) LTD acts solely as an intermediary in arranging these activities and bears no responsibility for the execution or quality of the activities provided.
14.2 Birchwell (SA) LTD is not liable for any harm, loss, damage, or injury sustained by guests participating in third-party activities. All activities are undertaken at the guests' own risk. We strongly recommend guests review their personal insurance coverage before participating in any activity.
14.3 Refund requests for activities cancelled by guests are subject to the third-party provider’s refund policy. Birchwell (SA) LTD is not responsible for issuing refunds for these activities. Any disputes over refunds should be directed to the third-party provider.
14.4 Guests are responsible for assessing their own health and safety needs. We advise guests to follow all safety instructions and guidelines provided by the third-party providers and to ensure they have suitable insurance coverage.
14.5 Complaints or concerns related to third-party activities should be communicated to Birchwell (SA) LTD. While we will facilitate communication with the third-party provider, resolution of the complaint will be subject to the provider's own policies and procedures.
14.6 Guests agree to indemnify and hold harmless Birchwell (SA) LTD from any claims, liabilities, costs, or expenses arising from their participation in third-party activities.
14.7 Birchwell (SA) LTD is not responsible for any changes or cancellations made by third-party providers. We will endeavour to inform guests of any such changes as soon as we become aware of them.
14.8 In case of an emergency during a third-party activity, guests should follow the emergency procedures provided by the third-party provider. Birchwell (SA) LTD should be informed of any emergencies at the earliest convenience.
By booking third-party activities through Birchwell (SA) LTD, guests acknowledge and agree to the terms outlined in this policy.
15. Third party rights
15.1 Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
16. Jurisdiction
16.1 This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.
I have read this Agreement and agree to the terms and conditions.