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GLAMPING HIRE TERMS AND CONDITIONS

 

BACKGROUND:

These Terms and Conditions shall apply to the hire of Glamping Facilities from The Group Glamping Company Limited trading as Kymani Getaways, registered in England under number 12897186 whose registered address and main trading address is at 71-75 Shelton Street, London WC2H 9JQ by customers.

 

  1. Definitions and Interpretation
      1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Booking”

means the arrangement of the Site Hire including, but not limited to, setting the dates for the Hire Term, agreeing on the Price, and setting out any additional requirements that you may have;

“Booking Confirmation”

means our acceptance and confirmation of your Booking Request;

“Booking Request”

means your request to hire the Site or part of it;

“Business Day”

means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;

“Catering Service”

means the catering service operated by or nominated by us which shall be available to provide food and drinks at the Site;

“Contract”

means the contract for the Site Hire, as explained in Clause 5;

“Deposit”

means the sum payable by you under Clause 7 of these Terms and Conditions;

“Package Accommodation” or “Package”

means the package accommodation offered at the Site to include accommodation, breakfast and dinner;

 

“Price”

means the sum payable by you for the Site Hire as determined under Clause 5 of these Terms and Conditions;

 

 

“Hire Term”

 

“Lead Person”

means the period for which the Site Hire is to last;

 

the person who makes a booking on behalf of a party;

“Site Hire”

means the hire of the Site (or part of it) which shall be subject to these Terms and Conditions;

 

 

 

 

“Site Personnel”

 

 

 

 

 

“Site Rules”

means any of our employees that are assigned to the Site for the purposes of setting up, managing, staffing or otherwise assisting with the provision of the Package.

 

 

Means rules set out for the conduct of everyone who attends the Site (subject to change at short notice), the latest version of which will be available on the Kymani App and can be found on our website

 

      1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means

 

  1. Information About Us
      1. The Group Glamping Company Limited, trading as Kymani Getaways is a private limited company registered in England under number 12897186, whose registered address and main trading address is 71-75 Shelton Street, London      WC2H 9JQ.
      2. Our website can be found at KymaniGetaways.com

 

  1. Access to and Use of Our Website
      1. Access to our website is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access our website.
      3. Access to our website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

3.4       Use of our website is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

 

  1. Age Restrictions
      1. Consumers may only make a Booking through our website if they are at least 21 years of age.
      2. None of the services advertised on our website may be purchased by any person who is under the age of 21 years.
      3. All guests under the age of 18 must be supervised by a parent or guardian at all times whilst staying one of our Sites

 

  1. Bookings – How the Contract is Formed
      1. Our website will guide you through the ordering process. Before submitting your Booking to us you will be given the opportunity to review your Booking and amend any errors.  Please ensure that you have checked your Booking carefully before submitting it.
      2. No part of our website constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that we may, at our sole discretion, accept.  Our acknowledgement of receipt of your booking does not mean that we have accepted it. Our acceptance is indicated by us sending you a Confirmation by email. Only once we have sent you a Booking Confirmation will there be a legally binding contract between us and you (“the Contract”).
      3. Order Confirmations shall contain the following information:
          1. Confirmation of the Booking including full details of the main characteristics of the Booking;
          2. Fully itemised pricing for the Booking ordered including, where appropriate, taxes and other additional charges;
          3. Number of people in the Booking;
          4. Number of children in the Booking;
          5. The arrangements for payment, performance and the time by which any full or balance payment must be made;
      4. If we, for any reason, do not accept or cannot fulfil your Booking request, no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
      5. We may cancel or change your booking at any time before we begin providing the Package in the following circumstances:
          1. The required personnel and/or required materials necessary for the provision of the Package are not available; or
          2. An event outside of our control requires us to close the Site immediately or an event outside of Our control continues for more than 14 days (please refer to Clause 15 for events outside of our control); or
          3. It may be necessary to complete essential remedial work or accommodation repairs at the Site on the grounds of health and safety or for some other reason.

If we do need to change or cancel your booking for the reasons set out in this clause 5.5 we will try to offer you a suitable alternative Package. If we are not able to offer you a suitable alternative or if you do not accept the alternative we offer, the Booking will be deemed cancelled and we will refund to you the total amount you have paid for the booking using the same payment method that you used when making the Booking. If we cancel your Booking, you will be informed by email and the cancellation will be confirmed in writing by text.

  1. Booking Requests and Bookings
      1. All Bookings will be subject to these Terms and Conditions.
      2. All Bookings may only be booked through our website or authorised third parties (details of which are listed on our website). Any bookings made through unauthorised parties shall be void and Kymani Getaways will not be liable for any compensation or refunds.
      3. We reserve the right, at our sole discretion, to refuse a booking at any time and where we do this we reserve the right to refuse entry for you or your party to enter the Site and if you have done so we reserve the right to ask you to leave the Site. In these circumstances we will refund any monies paid to us but we will not pay any compensation.
      4. We reserve the right to cancel any bookings made by businesses, traders or persons acting on their behalf who intend to resell their bookings without our permission.
      5. Bookings should be made in the name of a Lead Person [with all other names, addresses and ages of the party specified within 10 weeks of the booking date OR within 30 days of the trip date] and the nominated payment card or bank account used to make the Booking should be in the name of the Lead Person. Kymani Getaways reserves the right to cancel any Booking made in breach of this condition.
      6. The information provided for a Booking should be checked carefully for inaccuracies and it is the Lead Person’s responsibility to check the information and inform us as soon as possible of any inaccuracies as mistakes cannot always be rectified. We cannot accept any liability if we are not notified of any inaccuracy in the Booking within 5 days of the Booking (we cannot be responsible at all if the Package is booked to take place within 5 days).
      7. You may change your booking at any time up to 60 before the start date of the Hire Term by contacting us.  Please note that while we will use all reasonable endeavours to accommodate any changes requested, we cannot guarantee the availability of the Site Accommodation or any part of it on any dates that you have not already reserved with a Booking as the Site Accommodation may already have been reserved by another customer for that/those date(s).  If you change your Booking less 60 before the start date of the Hire Term, you will be required to pay a new Deposit, reflecting our lost opportunity to hire the Site Accommodation out to other customers.  Requests to change Bookings must be made and/or confirmed in writing.
      8. If your Booking is changed, we will inform you of any change to the Price in writing.  If the change results in an increase in the Price, we will not proceed with the change without your acknowledgement and agreement.
      9. Once your booking is made and your deposit has been paid in accordance with Clause 7, the Package Accommodation will be reserved for you for the agreed Hire Term, subject to these Terms and Conditions.
      10. You may cancel your Booking Request at any time but it will be subject to the following cancellation charges:
      1. If cancelled more than 90 days in advance of the start of the Hire Term 30% of the total value of the booking will be retained;
      2. If cancelled within 60-90 days in advance of the start of the Hire Term 50% of the total value of the booking will be retained;
      1. If cancelled within 30-60 days in advance of the start of the Hire Term 75% of the total value of the booking will be retained;
      2. If cancelled within less than 30 days of the start of the Hire Term 100% of the total value of the booking will be retained.

If after retaining monies as stated above, monies are owed to you, they will be refunded as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation. If you request that your booking be cancelled, you must confirm this in writing.

    1. Unless prior agreed in writing with us, Bookings cannot be transferred to another party. If this is done without prior agreement with us we reserve the right to cancel the Booking and if we agree that the Booking can continue you will be liable for any additional fees incurred in accommodating the change.
    2. We will give refunds if for any reason we are unable to provide the Accommodation Package over the period of your Booking;
    3. No other persons, other than those named on the Booking Confirmation are permitted to share the accommodation or use the Site or any other services arranged by us. The maximum number of guests in the party, as shown on the Booking Confirmation, must not be exceeded. If it is we reserve the right to move that number of guests to another part of the Site and charge you or them as appropriate the full charge for the additional Package for each additional guest from the date of the arrival of the party.
    4. Add-ons – these include additional activities and food and beverages other than that provided in our Accommodation Package and can only be ordered and secured by payment of the total value at the time of order. These are offered on a first-come, first- served basis and no guarantee is made as to their availability. The nature of the add-ons offered can be subject to change at our sole discretion. Some activities may not be suitable for all ages or for guests with limited capacity and you should check any specific requirements before booking. Bookings for add-ons can be taken on our Kymani Concierge App
      1. Add-ons can be cancelled at any time but will be subject to cancellation charges as follows:
        1. If cancelled 90 days or more in advance of the Site Hire 30% of the total value of the add-on order value will be retained;
        2. If cancelled within 60-90 days in advance of the Site Hire 50% of the total value of the add-on order value will be retained;
        3. If cancelled within 30 days of the Site Hire the whole of the value of the add-on order value will be retained.
  1. Price and Payment
      1. The Price for the Site Hire will be calculated with reference to the price list in place at the time of your Booking Request.
      2. Our Prices may change at any time but these changes will not affect Booking Requests that we have already accepted.

All Prices include VAT.  If the rate of VAT changes between the date of your Booking Request and the date of your payment, we will adjust the rate of VAT that you must pay.

      1. Prices are per site which includes accommodation, breakfast & dinner.
      2. An additional charge will be made for any additional guests or services requested that are not part of the original Booking Request (provided that they can be accommodated).
      3. To confirm your booking you will be required to pay a minimum deposit of 50% of the total Price for the Site Hire to confirm the booking. The due date for payment of your balance will be included in the Booking Confirmation.
      4. The balance of the Price will be payable no later than 10 weeks before the start date of the Hire Term. Failure to pay by this date will mean that the Booking will be cancelled and Kymani Getaways will retain the Deposit paid.
      1. We accept the following methods of payment:
          1. Credit and/or debit cards
          2. BACS for payments over £10,000 plus
      2. If you do not make payment to us by the due date as shown in/on your Booking Confirmation and as stated in these terms and conditions we may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays Bank plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
      3. The provisions of clause 7.10 will not apply if you have promptly contacted us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.
      4. In certain circumstances, if your Booking is cancelled, you may be entitled to a refund.  Please refer to clause 15 for details.

 

  1. Use of the Site – Some of the Main Site Rules (subject to change) (a full and updated list will be available on our website)
      1. If you wish to supply or use any additional equipment, such equipment may only be used in such a way that does not require any destructive fixing to the structure of the Site.  No fixings requiring glue, nails, tacks, screws or similar are permitted.
      2. You may not, at any time, have gas cylinders at the Site nor any other containers of substances which are noxious, corrosive, toxic, explosive or hazardous without our express written permission.  Such permission should be sought at the time of the Booking.
      3. You may not at any time use candles or other lighted flames anywhere on the Site without our express written permission which should be sought at the time of booking.
      4. No animals allowed onsite at any time. Guide, service and assistance dogs are allowed on all sites, although please advise Kymani of this in advance.
      1. No sale of your own goods may take place at the Site.
      2. The Lead Person and all other guests in the party undertake as follows:

      8.6.1 not to tamper with the structure or any part of the Site or any accommodation or facilities on the Site;

      8.6.2 that everyone in the party will use the accommodation and its contents with care and leave it in a clean and tidy condition (and        in accordance with the inventory provided on arrival) on departure.

       8.6.3 not to use any heating, cooking or other gas appliances other than those provided within the accommodation for                 your use;

       8.6.4 not to smoke anywhere on the site other than the designated smoking areas on the Site;

     8.6.5 not to bring onto the Site under any circumstances any shotgun, knife, firearm, air weapon, archery equipment,                   fireworks (including sparklers), illegal substances or similar item;

     8.6.6 to comply with any local laws or regulations;

     8.6.7 quiet times will vary between each sites please review each site rules

    8.6.8 not to cause any nuisance or disturbance to other occupiers of the Site or within the locality and to comply at all times         to our site rules,  especially in relation to behaviour and conduct.

     All guests will be required to keep under a reasonable level of control. This  obligation extends to noise levels, general         behaviour and sobriety.  Noise must be kept to a reasonable level at all times. By agreeing to these terms and conditions, all guests are agreeing to the specific site rules around sound levels and timings as outlined below and must agree that all recorded will cease to be played at the agreed time: 

 

    8.6.9 to treat all other guests and Site Personnel on the Site with courtesy at all times.

    8.7 As stated above, all guests under the age of 18 must be supervised by a  parent or guardian at all times whilst visiting our Site.

We reserve the right to cancel your booking or to ask you or members of your party to leave the Site without compensation or refund should you or a member of your party breach the terms of these Terms and Conditions or our Site Rules especially in relation to behaviour and conduct. We reserve the right to charge you for any extra cleaning, missing items or damage caused at the site by you we will need a holding card 4 weeks before your trip. We reserve the right to enter your accommodation at any time to check the state and condition of the accommodation. 

  1. Health and Safety

            We will make you aware of all fire exits and fire equipment prior to the start of the       Hire Term. All fire exits and access thereto must remain completely unobstructed.  All signs for fire exits and equipment must remain as prominent and visible as they are when the Site is unoccupied and no visibility must be obstructed.  Fire equipment must not be moved from its present location unless being used for its intended purposes .

 

  1. Access to the Site
    1. Unless otherwise agreed, you will be required to arrive at the Site to commence your Package on or after 3.00pm on the day of arrival and vacate the Site no later than 10.00am on the last day.
    2. You will be provided with a plan of the Site showing the access points.  

 

  1. Disability Provision
      1. Please be aware all our locations are on greenfield site with no hard standing / paths for wheelchair access.
      2. The Site is not fitted with an induction loop for hearing aid users. 

 

  1. Catering

Our Accommodation Package includes accommodation, breakfast and dinner as a standard package (more details of which can be found on our website) and will be provided by our Site Personnel.

 

  1. Your Legal Rights and Problems with the Site Hire
      1. We will always provide our services to you with reasonable skill and care, consistent with best practices and standards in the market, and in accordance with any information provided by us about our services and about us. We always aim to ensure that your experience with us is trouble-free.  If, however, there is a problem with any aspect of the Site Hire, please inform us as soon as is reasonably possible.
      2. We will use reasonable efforts to remedy any and all problems with the Site Hire as quickly as is reasonably possible and practical.
      3. We will not charge you for remedying problems under this Clause 13 where the problems have been caused by us (including our employees, agents and sub-contractors) or where nobody is at fault.  If we determine that the problem has been caused by any action or omission on your part, we may charge you a reasonable sum for any remedial action required.
      4. When purchasing services as a consumer, you have certain legal rights if we fail to carry out our obligations with reasonable skill and care or in accordance with the information we provide.  In addition, you have legal rights if we provide goods of any kind as part of the Site Hire and they are not of satisfactory quality, not fit for purpose, not as described, not in compliance with samples shown, or not in compliance with any other pre-contract information we have provided.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
  2. Our Liability
      1. We strongly recommend that you and your party take personal travel insurance to cover the Site Hire. It is your responsibility to ensure that the insurance cover is adequate for your needs, including cancellation and curtailment cover. You should read the policy carefully and bring it with you to the Site.
      2. In all cases, except personal injury or death, our liability to you for the total of all claims arising out of your Site Hire with us is limited to the cost of your booking less any, insurance, cancellation, amendments fees or separate charges. We will not be responsible for any matters that result from any unforeseeable and unforeseeable events that are beyond our control.
      3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our obligations with reasonable care and skill or in accordance with information provided by us about the Site, the Site Hire, ourselves, or any other aspect of our services, nor for any materials or other goods supplied that do not conform with your legal rights.
      4. Security of your property – appropriate insurance is strongly recommended. We accept no liability for any accident, loss or damage to your property unless such loss, damage or accident is demonstrably due to our negligence. We will take reasonable steps to ensure that the Site is secure, however, we strongly advise that you leave your valuables at home and if you do bring them to the Site that you look after them at all times. We do not provide a secure locker service.
      5. Children - whilst we take reasonable steps to establish a safe environment, it may not be suitable for all. Adults remain fully responsible for the children under the age of 18 in their care at all times and it will be for the responsible adult to determine whether an area or activity is suitable for them although Kymani Getaways reserves the right to place age limits on certain activities at its sole discretion. Parties that do not supervise children adequately may be asked to put appropriate arrangements in place or to leave the particular activity and failing this they may be asked to leave the Site.

 

  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
      2. If any event described under this Clause 15 occurs that is likely to adversely affect our performance of our obligations:
          1. We will inform you as soon as is reasonably possible;
          2. Our obligations will be suspended and any time limits that we are bound by will be extended accordingly (where such extension is reasonably possible);
          3. We will inform you when the event outside of our reasonable control is over and provide any new dates, times or availability as necessary;
          4. If an event outside of our reasonable control occurs and you wish to cancel the Booking, you may do so in accordance with your rights to cancel under Clause 5.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation;

                        15.2.5  If an event outside of our reasonable control continues and is likely to                                    prevent us from making the Site available and providing the Site Hire                            in time for the start date of the Hire Term, the Contract will be                                      cancelled in accordance with our rights to do so under Clause 5 and                          you will be informed of the cancellation.  Any refunds due to you as a                              result of that cancellation will be made as soon as is reasonably                                          possible and in any event within 14 calendar days of our cancellation                              notice.

 

  1. Communication and Contact Details
      1. If you wish to contact us with general queries, you may do so by telephone at   07581 427 317 or by email at booking@kymanigetaways.com.
      2. In certain circumstances, you must contact us in writing.  When contacting us in writing you may use the following methods:
          1. Contact us by email at bookings@kymanigetaways.com; or
          2. Contact us by post at 71-75 Shelton Street, London WC2H 9JQ..

 

  1. Complaints and Feedback
      1. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
      2. If a cause for complaint arises whilst on the Site you should contact one of our Site Personnel as soon as possible thereafter.
      3. All complaints should be raised with us promptly and in any event within 14 days after the end of the Site Hire (unless circumstances prevent this).
      4. If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Site Hire, please contact us in one of the following ways:
          1. In writing, addressed to Kymani Getaways, 71-75 Shelton Street, London WC2H 9JQ
          2. By email, addressed to marketing@kymanigetaways.com
          3. By contacting us by telephone on 07581427317.

 

  1. How We Use Your Personal Information (Data Protection)
      1. All personal information you provide us will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from our website. .

 

  1. Other Important Terms
      1. We may transfer (assign) our contractual rights and obligations to a third party (this may happen, for example, if we sell our business).  If this occurs you will be informed by us in writing.  Your rights will not be affected and our obligations will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your rights and obligations without our express written consent, such consent not to be unreasonably withheld.
      3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
      4. No failure or delay by us in exercising any of our rights means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

Images on our website and in our promotional material are for illustrative purposes only. We do our best to ensure that our published information is correct at the time of publication and remains up to date. Please refer to our website for the most up to date information.

 

  1. Governing Law and Jurisdiction
      1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
      2. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

 

**************************************COVID 19 NOTE***************************************

 

We reserve the right at all times to amend these terms and conditions at short notice to comply in respect of any current Covid 19 regulations and any changes in them.

All parties are deemed to be aware of Covid restrictions and that there will be risks associated with attendance at any event such as the one we are offering.

Whilst we will take reasonable steps to comply with government guidelines intended to reduce the spread of Covid 19 and we will put in prevention measures as required by law we cannot be responsible for the behaviour or health of other guests at the site.

We ask that at all times whilst Covid 19 government regulations are in place you follow all such regulations prior to and whilst attending our site. We ask that you follow all guidelines notified by us to you to help us to reduce the spread of Covid 19 amongst guests. In order to assist in reducing or avoiding any Covid 19 risk to us or our guests we ask that you comply with our site rules and government guidelines in this regard and that you (or any member of your party) do not enter the site if:

    1. You or any of your party have tested positive for Covid 19 within 14 days of the commencement of your site hire [or a lesser period of time as per government guidelines];
    2. You or any of your party display any Covid 19 symptoms at or prior to the commencement of your site hire;
    3. You or any of your party live with or have been in contact with someone who displays symptoms of Covid 19 or who has tested positive for Covid 19 within 14 days of the commencement of your site hire
    4. You or a member of your party is otherwise required to self-isolate;

We also ask that you and members of your party download and use the government official Covid 19 tracing app or ensure that the contact details for you and your party are up to date with us at the time of arrival at our site so that we can notify you or a member of your party where you may have come into contact with someone at our site who has tested positive for Covid 19.

You and the members of your party must also notify us if you test positive within 3 days of your leaving our site so that we can take the appropriate notification measures.

Where there is a conflict between our guidelines above and any updated government guidelines the updated government guidelines will apply.