Within these Booking Terms and Conditions, “you” and “your” means the person signing the booking form as party leader but these Terms and Conditions apply to all other persons in the party (including anyone who is added or substituted at a later date). “We”, “us” and “our” means The Pele Tower, Killington Hall, Killington, Kirkby Lonsdale, LA6 2HA which a booking is made.

 

1. Booking contract
   1.1 You (the person signing the booking form as party leader) agree to enter into a contract with us on the following terms and conditions.
   1.2 You must be aged 21 years or over when the booking is made.
   1.3 The contract commences when we have issued the written or email booking confirmation. We reserve the right to refuse any booking.

1.4 The maximum number of guests per room is 2 and the entire property capacity is 4.

1.5 Where the person making the booking is different to the lead guest taking up the occupation, the person making the booking may be held responsible for cancellation,

non-arrival and damages as set-out within. Only the lead guest and the named booking party are allowed to use the property and its facilities, any third-party visitors are only allowed access at our express permission.

 

2. Booking procedure
   a) Offline bookings
   2.1 Please contact us before making a booking to obtain confirmation of availability. Subject to availability and at your request, a provisional reservation will be made.
   2.2 The completed booking form accompanied by a booking deposit of 25% of the rental must be returned to us within three working days (unless alternative arrangements have been agreed). For payment methods please see 3.2 below.
   2.3 Bookings taken within 45 days of arrival at the Property must be paid in full at the time of booking.
   2.4 Once we have received your booking form and all appropriate payments ‘cleared funds’, we will issue a written confirmation invoice. Please contact us immediately if any information which appears on the confirmation is incorrect or incomplete.
   2.5 A reminder will be sent to you two weeks before the balance of payment is due. The balance of the rental cost and security deposit (see 4 below) must be 45 days prior to your arrival at the Property failing which we reserve the right to treat the booking as cancelled.

b) Online bookings
2.6 Please check availability online and complete the online booking form. By ticking the box on the online booking form you are agreeing to these Booking Terms and Conditions.
2.7 All bookings made online remain provisional until payment has been received. Payment must be made within three working days of making the booking (unless alternative arrangements have been made).
2.8 Once we have received your booking form and all appropriate payments, we will issue a written confirmation invoice. Please contact us immediately if any information, which appears, on the confirmation is incorrect or incomplete.
2.9 A reminder will be sent to you two weeks before the balance of payment is due. The balance of the rental cost and security deposit (see 4 below) must be paid 45 days prior to your arrival at the Property failing which we reserve the right to treat the booking as cancelled.

 

3. Prices and payment
   3.1 Our quoted prices are for accommodation only. All prices include (where applicable) VAT, cleaning on departure, bed linen and towels, electricity, water, logs, central heating and WiFi. Please note that beach/swimming pool towels are not included.
   3.2 Payment may be made by BACS transfer, credit or debit card or Paypal. Any dishonoured payments for bank transfers or any other payments will be passed on to you and you will be liable to reimburse us in respect of such charges within seven days.

 

4. Security deposit
   4.1 A security deposit is required to cover the cost of any damage or breakages to or at the Property, along with any additional cleaning. The security deposit is payable with the balance of the rental cost and is £250

4.2 The additional costs referred to at 4.1 above will be deducted from the security deposit and the remaining balance will be returned to you within four weeks of your departure from the Property. If the security deposit paid by you is not sufficient to cover these additional costs you are required to pay any balance within 14 days of demand.
4.3 We will inspect The Pele Tower after your departure and notify you of any damage or breakages noted other than those matters already reported to us in accordance with clause 5.3 below or otherwise. This includes breakages, spillages, stains, damage to furniture or fixtures and fittings. Lost keys will incur a replacement charge per key and possibly a replacement door lock.

4.4 We reserve the right to hold the security deposit for longer than four weeks if there is a dispute over damage, or we are awaiting bills/proof of damage.

 

5. Your responsibilities
   5.1 You must arrive and depart within the check-in and check-out times stipulated for The Pele Tower. This is currently departure by 9am and arrival from 6pm – 9pm unless special arrangements have been made in advance. We are following the PASC cleaning protocols – a usual deep clean followed by a disinfection of the Pele Tower, paying particular attention to the flat surfaces and high touch points (light switches, door and window catches, bannisters, rails, remote controls, keys etc).

5.2 Approx. arrival time to be agreed (usually we would meet and greet at the property and show you round where possible but due to the current government guidelines regarding COVID-19 we will only be able to meet outside, any questions regarding the property will hopefully be answered in the guest handbook but please do not hesitate to call us should you not find the answer your looking for).
5.3 You must keep The Pele Tower and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the commencement of the holiday and in the same state of cleanliness and general order in which they were found. We reserve the right to make a deduction from your security deposit for any additional cleaning required over the usual number of hours committed to departure cleaning.
5.4 You must report to us promptly any breakages or damage and you will be responsible for payment of any breakages, loss or damage to the Property and/or its contents caused by you.
5.5 You are responsible for the correct and decent behaviour of your party. Should you or a member of your party abuse the Property or display dangerous, offensive or rude behaviour to us or any third parties (e.g. neighbours) we reserve the right to require the person(s) concerned to leave the Property.
5.6 You are responsible for you and your party maintaining acceptable levels of noise at the Property and within the grounds and vicinity of the property particularly between the hours of 10.30pm and 8.00am. In the event of you or any member of your party breaching this responsibility, we reserve the right to ask you to vacate the Property and the contract will terminate immediately without refund or compensation.
5.7 You must not exceed the maximum number (4) of people stated in the Property details to reside at the Property nor sublet the Property nor allow anyone to stay at the Property who is not included on the booking form. Please inform us of any changes to your party. This is particularly important regarding COVID-19 and ‘Track & Trace’.
5.8 If you intend to organise a function (e.g. party or other event) at the Property, you must seek prior permission from us. Additional charges and/or an increased security deposit may be sought at our discretion.
5.9 In the event of you breaching the responsibilities set out above, we reserve the right to ask you to vacate the Property and the contract will terminate immediately without refund or compensation save that you will remain liable for any costs or damages incurred by us as a result of your breaching these Booking Terms and Conditions and we reserve the right to deduct such costs and damages from the security deposit.

 

6. Our liability and that of the owner
   6.1 We do not accept liability for any loss, damage or injury howsoever caused to you (or anyone in your party) or to your vehicles or personal property. Any valuables left at the Property are left at your own risk. It is essential and your responsibility to ensure that all doors and windows are closed and locked when leaving the Property or when in the grounds. We strongly advise that you take out adequate travel insurance (including liability for accidental damage to the Property, cancellation cover and medical and emergency expenses) prior to the commencement of your holiday.

6.2 Any lost property, if discovered and found, left behind by guests during a stay will be held for a period of 1 month. While we will make our best efforts to reunite lost property with their owner’s we accept no responsibility in replacing lost items and encourage guests to ensure they have all their belonging before checking-out. We may offer to post lost items via recorded delivery at the cost of the property owner, otherwise collection can be arranged.

6.3 The Pele Tower is not suitable for babies and small children

6.4 We are not responsible for noise or disturbance originating beyond the boundaries of the Property.
6.5 We do not accept any liability for compensation where performance or prompt performance of our contractual obligations is prevented or affected by reasons outside of our reasonable control, including adverse weather conditions, acts of God, explosion, tempest, fire or accident, war or threat of war, civil disturbances, restrictions and regulations of any kind on the part of the government or local authorities, strikes, lock-outs, or other industrial action or dispute.
6.6 We do not accept responsibility for the failure of public services such as water, electricity, plumbing or sewerage systems or unforeseen breakdown of domestic and mechanical equipment such as heating or plumbing systems and boilers (but will endeavour to arrange prompt repair).

6.7 We do not accept responsibility for the failure of the WiFi to the property but will report any issues promptly to our service provider B4RN. Internal issues we will endeavour to resolve promptly.
6.8 All bookings and other arrangements made by us on your behalf with third parties (e.g. catering services) are subject to the terms and conditions imposed by these third parties. We do not take any commission for notifying you of such companies nor do we act as an agent on their behalf. We cannot accept responsibility for these services.

 

7. Access to the Property
   7.1 We have a right to access the Property at any reasonable time during your stay to carry out essential maintenance. We will endeavour to give reasonable notice to you if practicable. We may need to tend to the garden during your stay but will try our best not to interfere with your enjoyment of the Property.

 

8. Complaints
   8.1 In the event that a complaint arises whilst you are on holiday you should contact us promptly to allow us an opportunity to rectify the matter.
   8.2 If the problem is not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing within seven days of your return.
   8.3 We cannot accept complaints unless this procedure is followed. Complaints received after your holiday will not be accepted if we have not had prior notification of them and been given the opportunity to make matters right.

 

 

9. Alterations or cancellation by you

9.1 If you change your mind and would like to cancel your booking, please contact us in writing as soon as possible. Please note that any refund given to you when cancelling your reservation may be subject to deductions, as set out in these terms.

9.2 If there are fewer than 60 days before the start of your stay, any refund we give you will be subject to:

• any costs we have incurred in administering your booking. This is typically a 5% non-refundable booking fee; and
• our ability to find an alternative booking. If we are unable to find an alternative guest for the period of your booking, we will not offer you a refund. If we are able to find an alternative guest for the period of your booking, you will be entitled to a refund equal to the lesser of:

a) the full cost of your booking, less our administrative charges described above; or

b) the fee paid by the alternative guest for the accommodation, less

our administrative charges described above, and any refund under this clause will be made within 30 days of the alternative guests booking dates.

• If there are more than 60 days before the start of your stay, we will offer you a full refund on cancellation, subject to any costs we have incurred in administering your booking or making specific arrangements requested in respect of your booking (for example, where you have requested certain activities, additional facilities, etc.). Any such refund will be made within 14 days of written confirmation of your cancellation.
• Unless the circumstances described in clauses 1.2 or 1.3 apply, we will not refund any booking fees paid in the event of your cancellation for a Force Majeure Event (please see definition below). It is your responsibility to ensure that you have adequate insurance in place to cover any loss or damage that you may suffer as a result of cancelling all or part of your stay with us and any associated costs.

10. Alterations or cancellation by us

10.1 If our performance is hindered or prevented by a Force Majeure Event (please see definition below), we may, at our sole discretion, offer you:

1. a full refund; or
2. alternative holiday dates; or
3. such other remedy as we consider appropriate with regard to the circumstances.

10.2 In this contract, a Force Majeure Event means any of the following circumstances which may hinder or prevent the performance of the contract, including but not limited to:

1. acts of God, flood, drought, earthquake or other natural disaster;
2. epidemic or pandemic; In these uncertain times, it is reassuring to know that if you are unable to travel to take your holiday because of a national lockdown, or because you are put into a Tier where you are unable to travel, that we will guarantee you will get a full refund. Please note that the refund guarantee is provided by us and applies only to the address given on the booking at the time of booking being put in a high tier (Tier 3 +) or The Pele Tower being put into a high tier (Tier 3 +), and when the travel restriction coincides with the period of your holiday. The refund guarantee covers lockdowns and Tier restrictions, but does NOT cover you (or members of your party) for being unable to travel because you (or a member of your party) fall ill with Covid, or are required to quarantine or self-isolate. These events can be covered by you taking out travel insurance. There are a number of policies that include cover for illness with Covid and self-isolation (www.gocompare.com) or you can look for suitable cover on comparison sites such as; Coverwise, Allianz Assistance & Trailfinders Note: We are not selling, promoting or recommending any product, nor do we financially benefit from, or have any formal relationship with, any of these providers.
3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
4. nuclear, chemical or biological contamination or sonic boom;
5. any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent;
6. collapse of buildings, fire, explosion or accident;
7. any labour or trade dispute, strikes, industrial action or lockouts;
8. non-performance by suppliers or subcontractors; and
9. interruption or failure of utility service.

11. Dogs

11.1 The Pele Tower does not accept any pets into the property, this is a strict rule which must be adhered to.

 

12. Smoking

12.1 Smoking of any tobacco products including, but not limited to cigarettes, pipes, cigars, snuff, e-cigarettes or chewing tobacco, is not allowed in the accommodation or on the platform outside and leading to the property and is in accordance with the Health Act 2006.

13. Parking

13.1 Parking is provided for a maximum of 2 cars adjacent to the property. Luggage can be unloaded and loaded at the end of the pathway and any deliveries can be made in the same way, please be aware that the lane leading to the Pele Tower is used by other residents who will need to enter and exit at various times of day and night.

14. Bike Storage

14.1 An enclosed lockable unit is available to store bikes on request.

15. Accessibility statement

15.1 Approach to the Property

15.2 Arrival – Access to the Pele Tower is via a flag-stoned pathway. The carpark is adjacent to the pathway (approx. 50m from property entrance) and you can either park your car in the carpark and walk across the bridge to the pathway or pull up outside the pathway to unload your luggage. The carpark is well lit and the lighting is on a PIR sensor so they will light when you enter the carpark at night. The pathway is well lit again using PIR sensor.

15.3 Main Entrance – 5 steps lead up from the pathway onto the platform (each step is lit the full width at night). The main entrance is approx. 30m from the gateway to the property. The front door is approx. 1m wide and there is a light that also operates on the PIR system directly outside the main door.

15.4 Ground Floor – Enter the hallway via the front door, to the left is a small utility/wc (sliding door – fitted with a lock that enables access from outside should this be required), to the right are the stairs to the first floor. Enter the open plan kitchen/diner and lounge by the door directly in front of the main door. Coats can be hung in the hallway and shoes placed in the unit directly under the coat hooks.

15.5 The kitchen – Includes deep/tall units, electric hob, oven, microwave, dishwasher and substantial fridge/freezer. There is enough crockery and cutlery for 2 place settings per person and everything you will need to cook a great meal should you feel inclined. Sockets are fitted with USB charging points at regulation height. CAT6 network sockets allowing direct internet access for the Smart TV’s in both the kitchen and lounge. A stylish writing desk with direct network access gives the opportunity to work should this be necessary during your stay. WiFi throughout. Wood burning stove in the lounge with kindling, matches and logs provided.

15.6 First Floor – Access via staircase of 22 stairs with 2 returns.

15.7 Means of escape – via staircase

15.8 Grounds and Gardens – The front door gives access to the platform and garden. The BBQ is placed behind the front wall with garden furniture on the platform. Extra logs for the wood burner can be found in the wall storage.

15.9 Public Transport – Nearest rail link, Oxenholme the Lake District. There is no bus service from Killington. The property is approx. 3 miles from J36 of the M6, 8 miles from Kendal, 6 miles from Kirkby Lonsdale and 4 miles from Sedbergh.

16. Brochure and web site accuracy
    1 The contents of our web site and brochures have been prepared in good faith. We will inform you of any significant changes at the time of booking or as soon after as practicable if you have already booked, but shall not be liable for any minor or insignificant inaccuracy in descriptions and information.
    16.2 We do not accept responsibility for any changes or closures to local amenities or attractions mentioned in our brochures and on the web site.

17. Personal Details & Privacy policy
    1 We make it our highest priority to ensure that your personal information provided to us is secure and confidential. We will not sell your personal information to third parties. We will only disclose any personal information when required to do so by any lawful authority or as required by law.

17.2 We are required to keep a register of guests over the age of 16 who stay with us, this includes full names and nationality, and/or passport numbers, place of issue, details of next destination if they are non-British, Irish or Commonwealth guests. This is in accordance with the (Immigration (Hotel records) Order 1972). These records are kept for a minimum of 12 months and in accordance with the DPA (Data Protection Act 1998) and the GDPR (General Data Protection Regulation) [which came into force in May 2018].

17.3 It is vital that you share your contact details with us at time of booking to help with the governments ‘Track & Trace’ following COVID-19.

17.4 Some personal information may need to be passed to third parties where you have requested additional services, for instance chefs require dietary information.

17.5 You accept that any entries you make to an on-site guest book, if available, will not contain personal information or details you would not want disclosed. Any entries containing personal details that may fall into the DPA and GDPR may be removed and destroyed.

17.5 We may use your data in the future to update you on our products. Please let us know if you would like your personal details to be removed from our database after your holiday.

18. WiFi & Mobiles

18.1 The Pele Tower is blessed with ‘hyperfast’ internet through the service provider B4RN. Where WiFi Internet access is provided, guests accept to use this access to the Internet fairly and appropriately. We may monitor network performance and user usage in order to maintain a fair and high level of service to all our guests.

18.2 The Internet access provided is intended for general use such as access to the world wide web, email, messaging, social media, light video / music / media streaming. Access to illegal activity or use of our network for illegal activity is not prohibited and will be reported to local authorities.

18.3 Mobile signal is variable inside the property due to the thick walls, led roof and superb insulation. Most phones now will enable you to choose WiFi call so we suggest that you use this option whilst inside the property, otherwise standing close to a window can help, outside you should be able to make a call off most phones/networks.

19. Law
    1 These terms and conditions and the contract to which they apply are governed in all respects by English law and the English courts only shall have jurisdiction in relation to them.

 

20. Our right to cancellation

20.1 We reserve the right to cancel any booking without compensation, refund or reimbursement if the terms of these conditions are breached.