Accommodation T&Cs 2020 For the purposes of these Terms and Conditions, ‘NYMR' means North Yorkshire Moors Railway Historic Trust Ltd (Charity Registration Number 501388) whose registered office is at Pickering Station, Pickering, North Yorkshire YO18 7AJ. ‘Visitor’ means the person named in the confirmation letter (the “Confirmation Letter”). 1 Agreement 1.1 The making of a booking (unless cancelled within 7 working days of receipt of the Confirmation Letter) will form an agreement on these Terms and Conditions (the ‘Agreement’) between the Visitor and NYMR for the holiday rental of the accommodation shown in the Confirmation Letter or as otherwise agreed in writing by NYMR and the Visitor (the ‘Accommodation’). 1.2 NYMR permits the Visitor to occupy the Accommodation for the period shown in the Confirmation Letter (“Holiday Period”) together with the use of the furniture, fixtures and effects. 1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. References to ‘party’ in these Terms and Conditions will include the Visitor’s family, servants, agents or guests. The Visitor agrees to make his or her party aware of these terms and conditions” 1.4 The Confirmation Letter will show the holiday price at the time of booking. The holiday price is subject to change in the event that the price is increased during a pricing review of accommodation (which will take place in Autumn each year to take effect in the relevant following calendar year). In the event of a change in the holiday price the Visitor will be informed in writing as soon as possible. NYMR will then ask the Visitor to confirm whether they wish to confirm the agreed new price or confirm that they no longer wish to continue with the booking. Should the Visitor choose not to continue they shall be entitled to a full refund. If NYMR has not heard back from the Visitor within 4 weeks it shall notify them again and if it has still not received confirmation within a further 4 weeks it shall have the right to terminate the booking. In such circumstances, NYMR will only be liable for the return of the deposit. It is important in order for NYMR to correspond with the Visitor that the Visitor keeps NYMR notified of any changes in their contact details by writing to NYMR Customer Services, Pickering Station, Pickering, North Yorkshire YO18 7AJ. 2 Deposit For bookings made 8 weeks or more in advance, the booking for a holiday will become firm when a deposit of £200 has been received by NYMR. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 working days. For bookings made for a holiday less than 8 weeks away, full payment will be required at time of booking. 3 VAT The holiday price includes Value Added Tax (“VAT”). If rates of VAT change from that included in the holiday price, NYMR reserves the right to amend prices accordingly. 4 Payment All payments can be accepted in Pounds Sterling by a credit or debit card, or by cheque made payable to ‘North Yorkshire Moors Railway’. 5 Final Payment The full balance of the total holiday cost (including any increase following a revision of prices in accordance with clause 1.4) will be payable not later than eight weeks before the holiday begins. If the full balance is not paid on time NYMR shall notify the Visitor and the Visitor will have 30 days to pay. If payment is still not received, NYMR reserves the right to cancel the holiday booking, in which case it shall be entitled to damages and any other costs that it suffers under general principles of English contract law. If the sum is less than or equal to the deposit NYMR shall retain the sum owing to it and return any balance as applicable. 6 Cancellation The reservation may be cancelled at any time by the Visitor giving NYMR notice in writing. A 100% cancellation charge will be payable. On receipt of the written cancellation NYMR will endeavour to re-book the Accommodation for the Holiday Period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid 7 NYMR Right To Refuse/Alter 7.1 NYMR reserves the right to refuse any booking. 7.2 NYMR reserves the right to cancel or alter arrangements made for the Visitor whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of NYMR or (b) where in the reasonable opinion of NYMR it is necessary to perform or complete essential remedial or refurbishment works. 7.3 If a booking has to be cancelled by NYMR, it will take reasonable steps to offer an alternative booking. If NYMR is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered holiday arrangements (as the case may be), NYMR will return to the Visitor the relevant proportion of the money paid by the Visitor to NYMR in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control. 7.4 Where 7.2 (b) applies NYMR shall offer the Visitor accommodation in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed). 8 Change of Booking There will be a fee of £25.00 (twenty-five pounds) for any transferred booking, and bookings may not be transferred within one month of the Visitor's holiday, or from one calendar year to another. A transferred booking is from one accommodation to another, a change in the Visitor, or from one date to another. If the transfer requested also involves reducing the length of the holiday, it will be regarded as a cancellation. 9 Visitor Accommodation Limitation Occupation must be limited to the maximum number of persons for the accommodation stated in the literature or on the NYMR website. 10 Joint Bookings The booking should be made in one name only and that person (the Visitor) shall not, without the written consent of NYMR, assign the booking. 11 Services Unless otherwise stated in writing, the holiday price will include all charges for water, gas, electricity, or oil. Visitors must comply with the instructions found in the welcome folder regarding the appropriate use of services within the Accommodation. Any damage caused by using appliances in an inappropriate manner will be charged to the Visitor. 12 Loss of, or damage to, Visitor property or vehicle(s) 12.1 Except as indicated below, NYMR cannot be held responsible for any loss or damage to any vehicle, belongings, or for injury sustained by the Visitor or members of his or her party during their stay at the Accommodation, or using any of the NYMR car parks. NYMR excludes liability for loss or damage to any belongings, or for death or injury sustained to the Visitor or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is directly caused by the negligence or default or breach of NYMR of any duty. 12.2 The Visitor shall be liable for and indemnify NYMR against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by NYMR arising from the Visitor’s use or occupation of the Accommodation which arise from any breach by the Visitor of his or her obligations under the Agreement or from any negligence or wilful default of the Visitor and/or the Visitor’s party. 13 Pets No pets are allowed, other than guide dogs for the blind or hearing dogs for profoundly deaf people in any of the NYMR accommodation. 14 NYMR Right of Entry NYMR and/or its agents reserve the right to enter the Accommodation at any reasonable time for reasonable cause. This includes the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process. We aim to restrict the working hours of our contractors to between the hours of 10.00 – 15.30. If however we are unable to complete the task between these hours and require access either before 10.00 or after 15.30 we will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day. 15 Visitor Obligations 15.1 The Visitor undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the booking period (reasonable wear and tear excepted) and shall pay to NYMR the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible. 15.2 The Visitor must allow NYMR and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, save in emergency when immediate access must be granted. 15.3 The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to NYMR or to any neighbours. 15.4 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal, recycling and so on 15.5 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party undertakes not to smoke inside the Accommodation. 16 Accessibility Unfortunately, our accommodation is not suitable for visitors with impaired mobility 17 Property Cleanliness The Visitor agrees to ensure that the Accommodation is left reasonably clean and tidy. The Visitor agrees to pay an additional reasonable charge to cover the expense of additional, unusual cleaning required because the Visitor fails to comply with this Clause. 18 Family Occupation 18.1 The Accommodation shall be for family use only, not for youth groups or other groups or student parties. Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted. 18.2 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the Holiday Period, and not for any other purpose or longer period. 18.3 The maximum occupancy of the Accommodation shall not be exceeded. If the Visitor wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of NYMR. If permission is granted, an additional charge will be levied. 19 Water Supply NYMR cannot accept responsibility for a shortage of water at the Accommodation where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of NYMR’s reasonable control. 20 Weather If the Accommodation becomes inaccessible due to bad weather, NYMR will take reasonable steps to inform the Visitor and to offer alternative NYMR accommodation where possible. 21 Advance Bookings All accommodation can be booked well in advance. It is advisable to book early to avoid disappointment, particularly over school holiday periods. 22 Comments/Complaints Every reasonable care will be taken to ensure that the accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the local representative, whose details can be found in the welcome pack. Reasonable steps will then be taken to assist the Visitor. NYMR will not normally make any refunds in respect of complaints made after the Visitor's departure from the Accommodation if the Visitor did not make the complaint or the problem known to the local contact during the holiday. If the Visitor wishes to comment on his or her stay a comment/suggestion form may be completed and left in the Accommodation, or alternatively to the address below. All complaints made after the Visitor’s departure must be made in writing to: NYMR Customer Services, Pickering Station, Pickering, North Yorkshire YO18 7AJ. 23 Arrival and Departure Times 23.1 Adherence to the arrival and departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being made for additional days. Arrival time is after 15.00pm on the first day of the holiday and Departure time is before 10.00am on the last day of the holiday. Change-over day is Saturday for a week-long holiday period. 23.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the Holiday Period and the Visitor must return them on the last day of the Holiday Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set. 24 Railway Byelaws Our accommodation is located in working railway stations, near to railway lines. A copy of the railway byelaws is available in the welcome pack. Any action by the Visitor and his or her party that interrupts or endangers the livelihood of others authorised to use the accommodation and/or the surrounding land belonging to NYMR, will constitute a breach of the Agreement by the Visitor. 25 Right to Evict NYMR reserves the right to ask the Visitor and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by NYMR where if there is a serious breach by the Visitor of the Agreement or their behaviour is such as to endanger the safety of other visitors or members of staff . If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed we shall give the visitor an opportunity to rectify the breach and failure to do so shall entitle the Trust to terminate the agreement. 26 Failure to exercise The fact that NYMR does not exercise any of its rights under the Agreement in any particular incidence of breach or default by the Visitor shall not constitute a waiver by NYMR of such right in that or any subsequent incidence. 27 Notices Notices shall be sufficiently served if sent by pre-paid first class recorded delivery letter or facsimile transmission to the address appearing in the Confirmation Letter or such other address as each party may from time to time have communicated in writing to the other. Any notice to be served on the Visitor under the Agreement may be given during the Holiday Period by delivery through the letterbox or putting under the front door of the Accommodation and shall be deemed to have been received upon the expiration of 24 hours after service. 28 Severance If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected. 29 No Tenancy The Agreement is for the Holiday Period and is not intended to create the relationship of Landlord and Tenant between the Visitor and NYMR. The Visitor shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Agreement. 30 Governing Law The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.