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Menadue Booking Terms and Conditions

(School Residential Terms and Conditions given on request or when enquiry is made)

1. DEFINITIONS

In these Terms and Conditions “the Trust” means the Trustees for the time being of the Menadue Management Trust and its officers or agents, “the Venue” means the Menadue Farm, Trewarmett, Tintagel, Cornwall. PL34 0HR, “the equipment” means the plant and equipment, fixtures and fittings, furniture, effects, utensils and other items provided by the Trust. The client making the reservation will be known as “the Hirer” for the purposes of this document.

2. TERMS AND CONDITIONS

All reservations of the Venue are made on the following terms and conditions and no variation of these terms and conditions shall have effect unless expressly accepted in writing by and on behalf of the Trust. The Trust’s conditions exclude any other terms and conditions which the Hirer may seek to impose whether or not the Hirer’s conditions are contained in any order, offer, acceptance or counter-offer made by the Hirer.

These terms and conditions of reservation supersede all prior representations, arrangements, understandings, agreements and conditions of booking made between the Trust and the Hirer relating to the Venue and set forth the entire complete and exclusive agreement and understanding between the parties here to relating to the subject matter hereof.

No party has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.

3. SIGNATORY

A contract is made upon acceptance of the reservation by the Trust. The person signing the reservation signs on his/her behalf and on behalf of all other applicants (i.e. persons named in the reservation) as if they were contracting parties. The person signing must be aged 18 years or over. Failure to disclose all material facts as required may lead to termination of the Contract.

4. AIMS AND OBJECTIVES OF THE TRUST

The Trust expects that parties would respect the Christian ethos of the Trust.

5. DESCRIPTION OF THE ACCOMMODATION AND THE EQUIPMENT

All descriptions, specifications, and information submitted by the Trust or otherwise contained in the
Trust’s brochures, online or other published matter are approximate only and none of these shall
form part of any contract give it rise to any independent or collateral liability upon the Trust being
intended merely to present a general idea of the Venue and the equipment as described therein.

6. PRICE

All prices are available from the Trust’s tariff list for the appropriate year. The price payable for the
accommodation reserved shall be the price as per the tariff list for the year of hire ruling at the date
when the Trust has accepted the Hirer’s reservation or booking.

7. DEPOSIT/PAYMENT

The appropriate deposit must accompany this reservation, as per the tariff for the year
of hire. All deposits are non-refundable.

Bookings are only effected by our receiving in writing all booking details (plus Booking form) and a
deposit of 30% of the charge — the balance is due 6 weeks before start of the tenancy.

Payment may be made by cheque payable to ‘Menadue Management Trust’ or by Internet banking
using Sort Code 40-52-40 and Account No. 00026973

8. DAMGE AND CLEANING DEPOSIT

At the discretion of the Trust, a Damage and Cleaning Deposit may be applied to the booking and is
payable with the final payment for the booking. This deposit will be refunded in full so long as the
premises are left clean and tidy. The cost of any breakages or damage may be recovered from this
deposit.

9. AMENDMENTS TO BOOKINGS

Changes or amendments to reservations may be accepted by the Trust at its sole discretion and
subject to availability.

10. CANCELLATION

In the event of cancellation, the Hirer will fully indemnify the Trust against all expenses and losses
incurred or suffered by the Trust as a result of the cancellation.

The Hirer should notify the Trust immediately in writing if you have to cancel the letting. The Trust is
legally entitled to retain your deposit. Payment of the full balance will be due if cancellation occurs
within two weeks of start of tenancy, payment of 80% of the balance will be due if cancellation
occurs within 4 weeks of the start of the tenancy and payment of 50% of the balance will be due if
cancellation occurs within 6 weeks of the start of the tenancy. For the Hirer’s protection the Trust
recommends the Hirer takes out holiday insurance.

11. ARRIVAL & DEPARTURE

Arrival after 4:00 pm and departure by 10:00 am unless otherwise agreed. Any change to the arrival
and departure times required by the Hirer is to be requested in advance and agreed in writing by the
Trust.

12. SLEEPING ACCOMMODATION

A pillow, duvet, duvet cover, sheet and pillow case is supplied for each bed. All beach, bath & hand
towels must be provided by the Hirer and group.

13. CONSUMABLES

All cleaning materials and bathroom and kitchen consumables are supplied. There is a dishwasher
in the kitchen; tea towels are supplied.

14. OCCUPATION

Only the Hirer and the members of the Hirer’s group as previously intimated may occupy
accommodation at the Venue. Group numbers not to exceed the number of persons originally
stated on the booking form unless agreed prior to occupation.

15. NUISANCE

The Trust reserves the right to decline a booking if, in the opinion of the Trust, the constitution of the
booking group may lead to a situation that could prejudice the service to and safety of other Hirer’s
and/or the reputation of the Trust.

The Hirer will not do anything which in the opinion of the Trust constitutes a nuisance or interferes
with the quiet or general comfort of other Hirers. If the Hirer fails to comply with this condition their
booking may be terminated forthwith in which case, they will be required to leave the
accommodation immediately. After this time, they will be trespassing.

16. SMOKING AND DRUGS

Smoking is not permitted within the buildings. The possession or use of illegal drugs are prohibited
throughout the Venue and its grounds.

7. LOSS, DAMAGE, BREAKAGES, INJURY, ETC.

The Hirer undertakes not to damage or injure the Venue or to make any alteration in or additions to
it, to preserve the equipment from being damaged or destroyed and at the end of the booking to
yield up the accommodation and the equipment in the same state and condition as it was in at the
beginning of the booking and to make good and pay for the repair or replacement of any equipment,
broken, lost, damaged or destroyed during the booking, reasonable wear and damage by fire only
excepted, and to leave the equipment at the end of the booking in the rooms or places in which they
were at the beginning of the booking.

18. CLEANING

The Hirer agrees to clean the Venue and the equipment to the reasonable satisfaction of the Trust
as per the cleaning instructions ‘at the end of your visit’ and prior to departure.

19. VENUE MANAGEMENT

The Hirer agrees to permit the Trust reasonable access to the venue for maintenance purposes.

20. INJURY, DAMAGE, LOSS TO TENANTS

The Trust will not be liable for any accident, damage, loss, injury, expense or inconvenience
whether to person or property, which the Hirer or any other person may suffer or occur arising out of
or in any way, connected with the letting or resulting from any other cause whatsoever.

21. NON-AVAILABILITY OF VENUE

If for any reason beyond the Trusts control (e.g. Fire damage) the venue is not available on the date
booked, all rent and charges paid in advance by the Hirer’s will be refundable in full but the Hirer will
have no further claim on the Trust.

22. INSURANCE

The Hirer is expected to arrange own insurance to cover any liability relating to their group. The
trust may ask to a copy of the Hirer’s insurance certificate. The Trust operates its own public liability
insurance only.

23. INDEMNITY

The Hirer shall indemnify and keep the Trust indemnified against all costs, claims, demands,
expenses and liabilities of whatsoever nature made by third parties arising directly or indirectly out
of any act or omission of the Hirer in connection with the use of the Venue and/or the equipment by
the Hirer or in connection with the performance of any services rendered.

24. LIABILITY

No representation or warranty is given by the Trust as to the suitability or fitness of the Venue or of
the equipment for any or any particular purpose and the Hirer shall satisfy him/herself in this respect
and shall be totally responsible therefore. The Hirer is advised to organise their own Risk
Assessment if necessary.

25. LIABILITY/EXCLUSIONS

The Hirer agrees that apart from the terms set out herein no other terms conditions or warranties
express or implied statutory or otherwise shall form part of the Contract.

The Trust shall not be liable for any consequential or indirect loss or damage suffered by the Hirer
howsoever arising whether or not caused by the Trust’s negligence.

Without prejudice to the foregoing provisions of this clause or to the Trust’s other rights hereunder
the Trust’s total liability for any one claim or for the total of any claims arising from any one act or
default of the Trust (whether arising from the Trust’s negligence or otherwise) shall not in any event
exceed the total cost of the booking per person.

26. COMPLAINTS PROCEDURE

Any complaints should be taken up with the Trust before departure through the Trust’s Site
Manager. If he is unable to resolve the problem a written complaint should be sent to the Trust
within 14 days of departure.

27. HEALTH

In the interests of other users of accommodation at the Venue any Hirer or any member of the
Hirer’s group diagnosed as having an infectious or contagious disease will be required to seek
outside medical advice and to vacate the Venue forthwith.

28. LEADERSHIP AND SUPERVISION

The Hirer agrees at all times to accept full responsibility to provide adequate leadership and proper
supervision of all activities undertaken by his/her group at or from the Venue and in particular
agrees to provide sufficient full qualified instructors to supervise all outdoor pursuits activities and
the use of the sports equipment.

29. CHILD PROTECTION

The Hirer of the Venue and therefore leaders of their group must have the appropriate Child
Protection policies and procedures in place and are responsible for any Child Protection issues for
their group whilst using the facilities.

30. FIRE PRECAUTIONS

Group Leaders are required to ensure that all responsible persons within the group are fully aware
of the ‘Fire procedures’ to follow in the event of an alarm or fire, to enable the safe evacuation of all
personnel.

31. THE SPORTS EQUIPMENT

The Hirer is responsible to check the state of repair and maintenance of the sports equipment on a
daily basis prior to use of same by any member of his/her group. Furthermore, the Hirer is
responsible to ensure that the sports equipment is not used except under proper supervision by
qualified instructions.

The Hirer shall indemnify and keep indemnified the Trust against all costs, claims, demands,
expenses and liabilities whatsoever in respect of personal injuries damage or loss sustained by any
person arising of or in connection with the use of the sports equipment including the unauthorised
unsupervised or improper use of same.

32. DOGS

We permit a maximum of 3 dogs on site provided their owners behave responsibly and:

  • Do not let dogs into the fields if there is livestock present
  • Clean up and deposit all waste in bags in the General Waste bin
  • Do not let dogs upstairs in either the farmhouse or the cottage and not on the furniture
  • Do not allow dogs to interfere with other people on site or with anyone using the public
    footpath

There will be a mandatory cleaning charge per dog per stay.

33. PARKING

Motor vehicles shall be parked in the Trust’s designated parking areas only. No vehicles shall be
parked at any time on the grass in front of the cottage, grass verges or on the fields. Touring
caravans are not permitted except by prior arrangement with the Trust.

34. COUNTRYSIDE CODE

The Hirer shall ensure that for the sake of maintaining good relationships with adjoining farmers the
Countryside Code shall always be strictly observed: (Respect other people, Protect the natural
environment; Enjoy the outdoors).

Owing to the close proximity of animals at Menadue, fireworks and Chinese lanterns are prohibited.

35. ASSIGNMENT

The Hirer shall not assign or transfer or purport to assign or transfer any contract to which these
conditions apply or the benefit thereof to any other person, firm, company or organisation.

36. WAIVER

Waiver by the Trust of any breach of the conditions or any grant of time or indulgence by the Trust
to the Hirer shall in no way derogate from the Trust’s rights hereunder.

37. FORCE MAJEURE

The Trust shall not be liable for any failure to provide accommodation at the Venue or the
equipment arising from circumstances outside the Trusts control.

38. NOTICES

Any notice, consent, notification, acknowledgement, authority or agreement required or referred to
in the Contract or these conditions shall be in writing and shall be sent to the Group for whom it is
intended by post or email transmission at such Group’s registered or main office or last known
address and shall be deemed to have been received three days after the date of posting.

39. JURISDICTION

This Contract shall be governed by and be construed in accordance with English Law and all
disputes arising out of or in relation to this Contract shall be submitted to the exclusive jurisdiction of
the English Courts. If any of these conditions or any part of a condition is rendered void or
unenforceable by any legislation to which it is subject or by any rule of law, it shall be void and
unenforceable to that extent but not further or otherwise.

Menadue Farm
Trewarmett
Tintagel
Cornwall
PL34 0HR
OS Map Reference: SX 071 869