Terms and Conditions aka The Nitty Gritty
1: Making a booking. All bookings must be made through our website and full payment is required to secure your booking. We accept a range of credit and debit cards. We cannot accept payment by cheque in advance or onsite.
2: Responsibility for booking When making a booking you agree that all members of your party are eighteen years or over, you have the authority of all persons in your party to book on their behalf, you accept these Terms & Conditions and you agree to be responsible for any loss or damage caused by any member of your party accompanying you or any additional cleaning costs on demand. Any damages or breakages will have to be paid for in full on demand within seven (7) days of notification in writing. We recommend that you have appropriate insurance in place to cover this. Should you arrive with children under the age of 18 we reserve the right to refuse you access and you will not be entitled to a refund. Kaya has been set up as an adults only retreat and we are therefore unable to admit children as we have not taken the necessary precautions to keep them safe.
3: Prices The prices advertised are accurate at the time of booking. Prices can move up or down and Kaya reserve the right to do so. Customers are advised to check the website for the most up to date information including our latest promotions, deals and discounts. Although prices may vary from time-to-time, the price payable is the price confirmed at the time of booking. Promotions, deals or discounted offers are provided at our discretion. All offers are subject to availability, cannot be used in conjunction with any other offer or discount and may be withdrawn at any time. Retrospective refunds are not permitted against any offer or promotion advertised after such time a booking is made.
4: Variations to stay/experience If you leave early for any reason, we will not issue any refund for unused nights. Unfortunately, in some circumstances we may have to cancel your booking. In these circumstances we will offer you a full refund of any fees paid or the option of an alternative date. No other compensation is available. We cannot be held responsible for adverse weather conditions. We will do our utmost to help make your trip as enjoyable as possible. In certain circumstances, for example during drought, it may be necessary to minimise water usage and limit fires. These decisions are at our discretion and will be undertaken to ensure your safety and that of the site. Whilst we understand it might be frustrating to not have access to the full range of facilities under these circumstances, no compensation or refunds will be available.
5: Visitors Whilst we want you to feel at home when staying with us at Kaya, that sadly doesn’t mean you can invite your friends and family to visit you whilst you have booked to be on site as the units are not set up for it. In exceptional circumstances like weddings, or if you have friends in the area, let us know and we can advise on whether we can enable you to accommodate them. Please note at no point should any additional guests sleep on site. Dogs are not currently allowed to stay on site as we have cats and the last time they met a dog we spent hours coaxing them out of a tree! Should you arrive with a pet of any description we reserve the right to refuse you access and you will not be entitled to a refund.
6: Services Features and Facilities We provide information about local activities and offers, which can be booked directly with the providers. You use these services, features and facilities at your own risk and we shall have no responsibility for loss, damage or injury in relation to any services, features or facilities provided or supplied by us or third parties. Information about features, facilities and services, is, to the best of our knowledge and belief, accurate at the time of publication, however we cannot guarantee that these services, features and facilities will be available during your holiday. All information on the Website regarding prices is accurate as at the time of publication, but may be subject to change.
7: Management and Behaviour onsite In placing a Booking Request you agree that you and your party will at all times comply with our requests whilst staying with us. If you are behaving in a way which we deem to be unacceptable, anti-social or un-safe we reserve the right to ask you to leave with immediate effect and no moneys to be refunded. Kaya is based on the side of a mountain and as such benefits from rugged terrain and mountain streams which represent potential hazards. It is your responsibility to behave with due care and consideration on site at all times. We will not be held liable for any damage or injury caused onsite due to your own risky behaviour. We use an App called Strava to recommend a range of fantastic walks. In certain weather conditions and if not adequately prepared, these walks can be potentially hazardous. Again, we will not be held liable for any damage or injury caused whilst enjoying any of our recommended activities or walks. As the person booking the holiday, you are responsible for the behaviour of all members of the party whilst on the Site. Any wilful damage to the Site or any other Kaya property will result in you being asked to immediately leave the Site. If you are asked to leave under these circumstances, no monies will be refunded and compensation for damages caused will be sought . Our guests visit to enjoy the peace and tranquillity of the natural rugged environment. If anyone does not respect this, we reserve the right to refuse them admission or ask them to leave the site at any time. If you are asked to leave under these circumstances, no monies will be refunded. To respect the enjoyment of others, we ask that noise levels are kept to a minimum and that no music is allowed after 10pm. Lastly, please respect the land and those that live here. This means sticking to footpaths, bridal ways and public rights of way. Closing any gates that you find closed and never leaving any litter behind.
8: Liability for possessions We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.
9: Care of the property You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. Smoking is not allowed in any of our properties. Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk. If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after six (3) months.
10: Fire safety There’s nothing quite like enjoying the great outdoors with a roaring fire but that wonderful campfire is also a big responsibility. We need your help preventing wildfires so more people can enjoy this experience for years to come. By booking to stay at Kaya and agreeing to these terms you also agree to adhere to our fire safety policy. Fires are only permitted in the designated fire pits. These are to be used with caution by yourself and your team. Fire safety information will be provided on site and must be adhered to at all times. In certain circumstances fires may be deemed unsafe due to drought or strong winds and no compensation will be available despite our having had to limit your access to services advertised.
11: Drones, Night lanters and Fireworks The use of drones is not allowed without our express written permission. In the event that we allow use, it is under the assumption that the operator has the correct skills, registration and will carry out any flights in accordance with necessary safety precautions as laid out in law. We do not accept any responsibility for policing this and are not liable for the consequences of anyone flying a drone illegally. Fireworks are not allowed due to the impact on livestock. We live in the heart of a farming community and it is important to us to respect the needs of those around us. Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
12: Drinking water Kaya is served by a number of mountain springs and all water is filtered both by a particulate filter and UV. At certain times of year, the rainfall is such that sediment makes its way through the usual filtration measure. At this time we will provide bottled water for drinking but are unable to remedy the mild discolouration of washing water and ask that you do not ingest any of it. We cannot be held responsible should you do so. If you feel concerned about drinking our water at any time, we are happy to provide bottled water so just let us know.
13: Complaints We want you to have an enjoyable holiday. Should you have cause for complaint, please contact us immediately and we will try to resolve your complaint. We really want you to have a joyous time whilst staying with us so let us try to sort it out. We ask you to note that if you do not give us the opportunity to resolve the problem by reporting it onsite, we may not be able to deal with any complaint on your return and your rights to claim may have been reduced or forfeited.
14: Data Privacy Statement See our Privacy Policy here. (NEED TO UPDATE AND ADD LINK ONCE WEBSITE IS LIVE)
15: Wi-fi and Internet If staying in The Nook, free Wi-fi and broadband Internet is provided for your reasonable use. You agree to reasonable and lawful usage of this service. We will not be liable for slow connections or for any interruptions to or the failure of this service
16: Other Important Information Any photographs, descriptions or advertising we issue, and any descriptions or illustrations on our Website or other media platforms, are issued or published solely to provide you with an approximate idea of our site and services. They do not form part of the contract between you and us. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law. If we fail at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. Any waiver of a default by us does not mean that we will automatically waive any subsequent waive by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. These Terms and any non-contractual obligations relating to these Terms shall be governed by and interpreted in accordance with English law. You and we both agree to the exclusive jurisdiction of the English courts. This contract shall be concluded in the English language. If you wish to contact Kaya please use the following address: Kaya at Blackhill Farm, Craswall, Herefordshire, HR20PH. December 2022