BOOKING TERMS AND CONDITIONS
Please also see our Privacy Policy
The following Booking Terms and Conditions (“Terms”) apply to all Accommodation bookings made via our Website (www.living-architecture.co.uk). We kindly ask that you take a moment to read them carefully as you will be asked to agree to them when making your booking. If you do not accept them, you will not be able to make a booking.
Please note that you are responsible for the conduct of all members of your party when you book on their behalf.
1. AGREEMENT
1.1 This Agreement is between the contracting member of the booking party ("you" and "your") and Living Architecture LLP (company number OC323783) whose registered office is at 930 High Road, London N12 9RT (the "Company", "we", “our” and "us").
1.2 Your receipt of our Booking Confirmation will constitute the formation of a legally binding Agreement on these Terms between you and the Company for the holiday rental of the Accommodation.
1.3 Please note that we reserve the right, in our discretion, not to accept any booking. If we decline to accept, or cancel, a booking for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.
1.4 Please print these Terms or save them to your device for future reference. We may change the Terms from time to time (and may or may not let you know that we have), so you should check the Terms each time you book. You can see the date we last changed the Terms noted below. If you continue to make a booking after we’ve changed the Terms, then you agree to the new Terms.
2. DEFINITIONS
In this Agreement the following terms have the following meanings:
‘Accommodation' means the premises and grounds within which our properties reside, as identified in the Booking Confirmation or Remittance Advice, or as may otherwise be agreed in writing between you and the Company.
‘Accommodation Cost' means the cost of your holiday rental of the Accommodation as displayed on the Website at the time of your booking.
‘Agreement' means this Agreement.
‘Booking Confirmation' means an email from the Company to you confirming your booking, subject to the terms of this Agreement.
‘Booking Deposit’ is a booking deposit as defined in clause 3.3.1.
‘House’ or Houses’ means a Living Architecture premises other than A House for Essex.
‘A House for Essex’ is the Living Architecture House at Wrabness, Essex.
‘Remittance Advice' means an email or letter from the Company to you confirming your payment, subject to the terms of this Agreement.
‘Website’ or ‘Site’ means www.living-architecture.co.uk
3.BOOKINGS AND PAYMENT TERMS
3.1 All bookings are made via the Site. A House for Essex may be available by ballot during certain periods, at our discretion. All bookings are subject to availability and are provisional until a Booking Confirmation has been sent to you by the Company. Our receipt and banking of any deposit monies does not constitute acceptance of a booking. Your booking is confirmed once you’ve received a Booking Confirmation or Remittance Advice.
3.2 Payment is accepted by debit and credit card. For bookings made 8 weeks in advance or less, the total Accommodation Cost is payable at the time of booking.
3.3 A Booking Confirmation or Remittance Advice will be sent once the following conditions have been satisfied:
For the Houses:
3.3.1 for bookings made 8 weeks or more in advance, you have paid a deposit of 25% of the Accommodation Cost rounded to the nearest pound sterling within three days of making your booking request (the “Booking Deposit”), or
3.3.1.1 for bookings where the arrival date is within 8 weeks of your booking request, you have paid the full Accommodation Cost.
3.3.1.2 your payment has been received and cleared in the Company's bank account.
3.4 As soon as you receive your Booking Confirmation or Remittance Advice, please check the details carefully. If anything is incorrect, please tell us immediately.
3.5 Please ensure you pay the full Accommodation Cost at least 8 weeks prior to your arrival for bookings to the Houses. If we have not received the full amount 8 weeks before arrival, we reserve the right to cancel your booking and retain your Booking Deposit to cover the financial loss we will incur because of such non- payment.
3.6 Our primary method of communication with you will be via email, and Booking Confirmations and Remittance Advice will be sent by email unless we agree otherwise in writing. Please check your emails regularly and advise us of any change to your email address because the Company accepts no responsibility for any loss, claim or damages arising out of your failure to update your details.
3.7 VAT at the prevailing rate at the time of booking is included in the published prices. Should the rate of VAT change, or any other tax be introduced, we reserve the right to amend our prices.
3.8 Please note that bookings are not transferable, and we reserve the right in respect of A House for Essex to evict or deny entry to any person or persons if we have reasonable grounds to believe that such person or persons is not either you or your named companion/s.
3.9 If you are travelling to the UK from abroad, you are responsible for compliance with all applicable entry and exit requirements, health regulations, and passport and visa regulations. Unfortunately, we are not able to advise you in this regard.
4. CANCELLATIONS
To avoid disappointment, we strongly recommend that you take out appropriate travel insurance at the time of booking.
4.1 Cancellations by you: If you must cancel your booking, we require your instruction in writing to either the email address specified in the Booking Confirmation or by clicking here.
4.1.1 For the Houses
Cancellations 180 days or more before arrival date
- Your Booking Deposit can be used against a future booking or can be refunded, minus a £50 administration fee.
Cancellations between 179 and 60 days before arrival date
- Your Booking Deposit is non-refundable.
- However, if we are able to re-let the dates, we will hold the Booking Deposit amount towards a future booking, minus a £50 administration fee. (The Booking Deposit will be valid for use within 12 months of the cancellation date).
Cancellations less than 60 days before arrival date
- The Accommodation Cost is non-refundable.
- However, if we can re-let the dates, we will hold the Accommodation Cost amount towards a future booking, minus a £50 administration fee. (The Accommodation Cost will be valid for use within 12 months of the cancellation date).
4.2 Cancellations by Us: We reserve the right to cancel or alter your booking for reasons beyond our reasonable control and where, in our opinion, it is necessary to undertake essential repair and refurbishment work. If we cancel your booking, we will take reasonable steps to offer you other Company Accommodation of similar value. If we are unable to do so or you choose not to accept the alternative Accommodation, we will refund all the money you have paid. Apart from refunding the money you have paid us, we will have no liability towards you for any loss, claim or damages arising out of the cancellation.
5. CHANGES TO BOOKINGS
5.1 Please contact us as soon as you can if you need to make a change to your booking. Please note that we are entitled to treat changes as a cancellation and the charges in clause 4.1 above will apply. At our sole discretion, we may, by written notice, waive our right to treat a change as a cancellation and accept your requested change, in which case a £50 administration fee will apply and must be paid immediately.
5.2 Changes made by the Company: We hope that this will not be necessary, but if we must make any change to your booking, we will treat it as a cancellation by us pursuant to clause 4.2 above.
6. OUR OBLIGATIONS TO YOU
6.1 The Accommodation is provided on a self-catering basis, so no food or provisions are provided by us apart from a small welcome kit of some basic food stuffs, some toiletries and cleaning items.
6.2 Electricity, water, linen, towels, and standard final cleaning are included in the cost. We also provide an initial quantity of fuel for the stove (where the Accommodation has one) and you will find details of where to purchase more suitable fuel in the Accommodation manual.
6.3 While we will use reasonable endeavours to supply electricity, gas, water and, where indicated as provided, a wi-fi or internet service, we do not guarantee their availability as third party supply is out of our control.
6.4 We will email arrival instructions and directions approximately 4 weeks prior to your arrival.
6.5 Any property found at the Accommodation after your departure will be subject to the Company's policy regarding lost property, details of which are included in the Accommodation manual, which can be found in the Accommodation on arrival.
6.6 We use reasonable endeavours to ensure that the information on the Website is accurate. However, we do not accept responsibility for any inaccurate, incomplete, or misleading information on the Website about the Accommodation or its facilities and services, except where such failure to provide full and accurate information arises out of our negligence or wilful misrepresentation.
6.7 Living Architecture cannot be held responsible for any sightseers in the vicinity of the Accommodation. You accept that our Accommodation is situated rural locations, which may, for example, have an absence of streetlights and mud in winter or flies in summer. Please pack appropriately.
6.8 We reserve the right to station security personnel at the Accommodation if so required, as determined by us in our sole discretion.
7. YOUR OBLIGATIONS TO US
7.1 By making the booking, you warrant that:
7.1.1 you are over 18 years old;
7.1.2 for A House for Essex, that you are making the booking for your own use and not on behalf of any other person and that you will not allow any person other than the members of your booking party into A House for Essex.
7.1.3 you are authorised to make the booking under these Terms by all other members of the party;
7.1.4 you accept full responsibility for all persons who will use the Accommodation;
7.1.5 you accept full responsibility for making all payments due to us under this Agreement; and
7.1.6 you have read all these Terms and understood that you will be bound by them.
7.2 You agree to indemnify us against all loss and damage to the Accommodation and its contents caused (whether directly or indirectly) by or arising out of any deliberate or negligent act or omission by you, any person accompanying you, or anyone you allow in to the Accommodation and, without limitation of the foregoing, to pay us immediately upon written demand any costs incurred or suffered by us in making good any such loss and damage and/ or replacing or repairing any lost, stolen or damaged items, plus an administration charge of £50.
7.3 Please notify us if you are planning on using caterers. An extra deposit may be required in advance.
7.4 Please note that you are required to secure the Accommodation during your stay. Make sure that if you leave the Accommodation during your stay, all windows and doors are locked. You also agree to take care of the keys to the Accommodation and agree not to leave the keys unattended and not to lend the keys to anyone who is not a trusted member of your party. Please be aware that if you fail to reasonably secure the Accommodation or the keys to the Accommodation and theft, loss or damage arises as a result, then this will be regarded as a negligent act under clause 7.2 and you will be fully liable for any losses which arise as a result.
7.5 You agree and accept that given the unique nature of the Accommodation and its contents, the cost of repair or replacement of damaged, lost or stolen items or the making good of any damage may exceed the costs which might usually be incurred for standard or typical holiday accommodation.
7.6 For the avoidance of doubt, if cleaning is required following your stay in the Accommodation which is more than would normally and reasonably be needed, the cost of such additional cleaning shall be treated as damage. Such extra cleaning cost at a minimum of £250 (and may be considerably more) will be invoiced to you following your stay.
7.7 You undertake to keep the Accommodation and its fixtures and fittings in the same state of repair as at the commencement of your holiday (save for reasonable wear and tear). Please report any breakages and damages as soon as possible, following the instructions on the reporting card in the Accommodation manual.
7.8 You and all members of your party undertake to always behave lawfully and responsibly at the Accommodation.
7.9 You, or any person accompanying you, are not permitted to smoke or vape inside the Accommodation.
7.10 Subject to 7.11 below, pets or animals of any kind are not allowed at the Accommodation, unless the Website specifies that a dog is allowed. Where dogs are allowed, only one dog is permitted per booking provided the appropriate additional charge is paid and that the dog is not allowed to sleep on the beds or furniture and is not left un-attended in the Accommodation. No other animals are allowed.
7.11 Assistance dogs are permitted at all Accommodation. In the case of assistance dogs, no additional charge is due. Please inform us on the booking form in the “Additional Information” box that you will be bringing an assistance dog. We won’t use this information for anything other than or own record keeping, and we won’t share it with any third parties, other than our cleaning representatives who may need to enter the Accommodation. For more details of how we safeguard your information, please refer to our Privacy Policy.
7.12 You and your party will have access to the Accommodation as follows:
7.12.1 You may access the Accommodation from 3pm on the day of arrival. Please vacate the Accommodation by 10am on the day of departure. In the unlikely event that we have not been able to finish preparing the Accommodation by 3pm, you may be asked to wait while we complete any outstanding work. We thank you for your cooperation.
7.12.2 If you have not arrived and have not contacted us by 12 noon on the day after your arrival date, we may treat your booking as having been cancelled by you. In accordance with clause 4.1, we regret that no refunds may be made in this situation.
7.13 Please comply with any reasonable regulations relating to the Accommodation and surrounding area. These will be found in the Accommodation manual.
7.14 Our Accommodation is available for holiday purposes only and may not be used for gatherings such as wedding receptions or parties, nor for any commercial undertaking or photographic shoots, press visits nor for any unlawful purpose. If we have reasonable grounds to believe that you are in breach of this clause, we will be entitled, without liability to you, to end your booking early and ask you to leave the Accommodation.
7.15 In the unlikely event that we must access to the Accommodation during your stay, we will give you as much warning as we can.
7.16 If you have any issues concerning the Accommodation during your stay, please let us know as soon as possible using the contact details in the Accommodation manual. We are not able to deal with or make any refunds in respect of complaints made after your departure from the Accommodation if you did not make the complaint or problem known during your stay. In considering any complaint, we will consider whether we have been given the opportunity to investigate and resolve it at the time.
7.17 Please comply with the occupation numbers for each Accommodation.
The number of people allowed is restricted to the number of people for which there are bed spaces, plus travel cot(s) (to be provided by you) for infants under the age of 2 years.
Balancing Barn – 8 bed spaces – plus one infant;
Dune House – 9 bed spaces – plus two infants;
Shingle House – 8 bed spaces – plus one infant;
Long House – 10 bed spaces – plus two infants;
Secular Retreat - 10 bed spaces – plus two infants;
A House for Essex – 4 bed spaces only. We regret that guests under 10 years of age are not permitted to enter A House for Essex.
The Life House – 6 bed spaces – plus one infant.
7.18 If you, or any member of your party, has any medical problem or disability that may affect your stay, please advise us before you make your booking so we can ensure we are able to properly accommodate your particular needs.
7.19 If you, or any member of your party, needs to bring any equipment to the Accommodation to assist with any medical problem or disability, please advise us before you make your booking so we can ensure we are able to properly accommodate any equipment needed.
7.20 Please note that if you, or any member of your party, need to bring an assistant, they will be counted as one of the number of people allowed at the Accommodation.
7.21 Please ensure that you and your party do not leave naked flames such as candles and barbecues unattended; and extinguished all flames properly when not in use. Please ensure that you and your party do not use indoor or outdoor fireworks or Chinese lanterns anywhere inside or outside the Accommodation.
7.22 As the booking process is online, please advise us of any change in your e-mail address or any other contact details as soon as possible. Our contact details can be found in the Accommodation manual, in your booking confirmation or below in clause 13.
7.23 In the case of A House for Essex, you warrant that:
7.23.1 you personally will be staying at the Accommodation and that as part of the booking process, you will supply the full names of the person/s staying with you (if applicable);
7.23.2 that you have made only one ballot application for the Accommodation for the period that the Accommodation is open to the public for you and your companion/s. If you and/or your companion/s make more than one booking, additional bookings may be cancelled; and
7.23.3 you have made only one ballot application in any one calendar year. Multiple bookings to create a longer stay are not permitted.
7.23.4 You will not allow anyone into the Accommodation who is not authorised as part of your booking.
8. RIGHT TO EVICT
8.1 Subject to your compliance with these Terms, you and your party may remain in the Accommodation for the booking period. However, in certain circumstances, described below, we may terminate this Agreement immediately on notice, in which case you and your party must promptly leave the Accommodation:
8.1.1 at our discretion where there has been a serious breach of the Agreement;
8.1.2 if you or any member of your party is behaving unlawfully or in breach of clause 7 above, (including but not limited to any complaints being made of anti-social behaviour); unreasonable breakages or damage occurs; smoking restrictions are not observed; or the occupancy limits in clause 7.17 are not observed; or
8.1.3 if we reasonably believe that you or your party's behaviour endangers the safety of others, including but not limited to: visitors; staff members; our partners; affiliates; agents; or contractors, or is likely to cause damage to the Accommodation.
8.2 If we ask you to leave the Accommodation pursuant to this clause 8, we have no liability to you or any member of your party, including, without limitation, the payment of any compensation to you or the payment of any costs or expenses incurred by you as a result of not being able to occupy the Accommodation, such as the cost of alternative accommodation. We will have no further obligation to you, including, without limitation, finding alternative accommodation for you.
8.3 In the case of A House for Essex, only you and your named companion/s are allowed into the Accommodation. You are not permitted to bring or allow guests into the Accommodation at any time. Failure to comply with this condition will result in you and your party being evicted. No refund will be given in such circumstances, and you will be liable for any costs or damage caused by such failure to comply.
9. LIABILITY
9.1 Subject to clause 9.4, the Company's total aggregate liability under this Agreement to you (including those accompanying you at the Accommodation) is the Accommodation Cost.
9.2 Subject to clause 9.4, the Company accepts no liability for any interruption in electricity, gas, water supply or the wi-fi or internet service (where provided), nor will we be liable for any loss of property or any other loss or damage, unless such loss or damage is caused by our negligence.
9.3 Subject to clause 9.4, we shall not be liable to you or any member of your party for any indirect, incidental or consequential loss, damage, claim or expense howsoever arising.
9.4 Nothing in this Agreement shall exclude our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation on our part; or anything else for which liability may not legally be excluded.
9.5 In addition to your liability under clause 7 above, you agree to indemnify us against and hold us harmless from all losses, damages, claims, proceedings or expenses (including, without limitation, reasonable legal fees and expenses) arising out of any breach by you or a member of your party of this Agreement.
10. FORCE MAJEURE
10.1 Except where otherwise stated in this Agreement, we shall be liable for any change or cancellation which is a result of circumstances beyond our reasonable control and which we could not reasonably have foreseen, including, but not limited to, strike, lock-out, labour dispute, act of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of a third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport, pandemics, epidemics or any other circumstances affecting the supply of goods or services. Illness of a party member is specifically excluded as a force majeure event.
11. DATA PROTECTION
11.1 In order to process your booking, we will use your personal information, such as name, address, email address and mobile telephone number. We maintain proper security measures to protect your personal information. For more details about how we use, share and protect your personal data, please refer to our Privacy Policy.
11.2 Please note that in order to comply with insurance and security requirements we are required to place security cameras in some Accommodation to help secure certain valuable artworks. The cameras will be focused only on the artworks, doors or windows and will not be aimed at the communal living areas of the Accommodation. By agreeing to stay at the Accommodation you agree that you may be recorded by our security cameras. This footage may be disclosed to police, insurers or security firms if necessary, in order to investigate an incident of damage or theft or if we are required to hand over footage following a lawful request by law enforcement officials.
12. GENERAL
12.1 Severability: If any provision in this Agreement is deemed to be illegal, unenforceable, or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
12.2 No waiver: Any failure by the Company to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
12.3 No assignment: You may not transfer, assign, or otherwise dispose of your interest in this Agreement without our prior written consent.
12.4 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.
12.5 Jurisdiction: The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
12.6 Interest on Late Payments: we reserve the right to charge interest on late payments. This is charged at 8% above the Bank of England’s base rate on overdue amounts.
13. CONTACT US
You can email us, or call us on (+44) 020 3488 1584 during office hours - Monday to Friday, 9am - 5pm (UK time).
Date: 15th July 2024 as of 20:00:00