Booking Terms — the landscape

The Landscape Booking Terms & Conditions

These Terms & Conditions apply to bookings made with the Landscape for Accommodation and/or Services.

Contract (A) Accommodation

Contract (B) Services

Booking Accommodation Terms & Conditions - Contract (A)

Please read these Booking Terms and Conditions as they are important and govern what is expected of you, us, and the Owners of accommodation that you agree to stay in when your booking has been made.

We strongly advise you take out comprehensive company travel insurance to cover cancellation costs and your stay in the Property, Guesthouse, Hotel, Land, Campsite. If you choose not to then you accept responsibility for any loss, damage or injury that you or the company may incur.

We (or "us") means The Landscape, currently T/A Sketch Creative Consultancy Limited, a registered limited company (number 08194614) whose registered address is Claremont House, 12, Down Lodge Close, Alderholt, Fordingbridge, SP6 3JA. and we act as agent for the Owner who has authorised us to deal with your Booking for accommodation on their behalf.

You (or “the company”) means all customers, clients, limited companies, organisations, education institutions, charities, NFPs and self employed (and your guests) who have a confirmed booking with us.

If you have any queries about these terms and conditions or have any comment or complaint about your Booking, you can contact us at the above address, use our online forms or call our customer service team at +44 (0) 7787227761.

1. Definitions

2. This Contract

3. Owners Obligations

4. Your stay and what is permitted.

5. Price & Payment

6. Cautionary Deposit

7. Your right to cancel

8. Refunds

9. The Owners right to cancel

10. Liability

11. How we use your personal information

12. General

1. DEFINITIONS

To be clear the following words will have the meanings given below:

'Property' means the accommodation or site where our events take place which includes the Property, Guesthouse, Hotel, Land or Campsite.

'Cautionary Deposit' means the deposit paid by you to cover any damage to the Property or loss of contents or keys and excessive or incorrect use of facilities.

'Check-in time' means the date and time when the Property will be made available to you.

'Check-out time' means the date and time when the Property should be vacated by you as set out in the Booking.

'Stay' means the period of time when the Owner provides the Property to you as set out in the Booking.

'Owner' means the owner of the Property, Guesthouse, Hotel, Land or Campsite (or their representative) whose details will be provided to you upon request.

'Guest List' means the list of people including you (limited to the maximum number notified under clause 4.1.2) who will share the Property to be provided in accordance with clause 2.8

'Stay' means the accommodation specified in your Booking.

'Property Specific Terms' means specific rules applicable to a Property provided to you by us or the Owner; and

‘you’ (or ‘the company’) means all customers, clients, limited companies, business, organisation, education institution, charity, NFP and self employed individual and (and your guests listed in your booking application form) who has a confirmed booking to stay at the Property and/or receive our services.

2. THIS CONTRACT

2.1 These are the terms and conditions on which your Booking is made and your Stay will be provided to you.

2.2 When you submit a booking form to us, we and the Owner are under no obligation to accept that booking.

2.3 We will provide you with written confirmation once we have, acting as agents for the Owner, accepted your Booking and upon acceptance, these terms and conditions become binding on us, you, and the Owner. To be clear: Booking is a contract between you and the Owner – we act only as the Owner’s agent.

2.4 Once we have confirmed your Booking you will only be able to cancel in accordance with clause 7 below. However, if you contact us, we may be able to extend your Stay or change the identity of or the number of persons in your party, but this is subject to availability and the Owner’s agreement. Accordingly, we cannot guarantee that this will always be possible.

2.5 You are responsible for ensuring the details you provide on the booking form you submit to us are correct and whilst we will try to assist you, we cannot be liable for mistakes in information that you have given to us.

2.6 Every Booking has a reference number. Please quote this number in all correspondence with us relating to the Booking.

2.7 If you make a telephone booking, we will provide you with confirmation of the Booking over the phone and in writing after the call.

2.8 You agree that you will provide a Guest List prior to arrival.

2.9 You agree to arrive at or after the Check-in time (usually 4pm but please check your booking reservation as all stays may differ) for the Booking (unless you notify us otherwise and we agree the same in advance).

2.10 The Property will not be available at any time outside of the Stay and we may retain the Cautionary Deposit or otherwise charge you a reasonable sum for any costs incurred by us or the Owner if you have not left the Property at the Check-out time.

2.11 You confirm that the person making the Booking is over the age of 18.

2.12 You appreciate that, while we keep our illustrations, photographs and other imagery as up to date as possible, they are only illustrative and are subject to change.

3. OWNER’S OBLIGATIONS

3.1 Once your Booking has been confirmed, the Owner agrees to provide the Property to you for your Stay, subject to these Terms and Conditions.

3.2 The Owner agrees to meet the standards required by us and you should inform the Owner if you have any concerns.

4. YOUR STAY AND WHAT IS PERMITTED

4.1General

4.1.1 You agree to take proper care of the Property and its contents during your Stay, including leaving the property in a clean and tidy state on departure, and we may deduct costs from your Cautionary Deposit if you fail to do so.

4.1.2 You will be notified of the maximum number of people who are permitted in the Property and you may not exceed that number. No-one other than the individuals listed in the Guest List may stay in or (without the Owner’s permission) visit the Property. A change of guests during the stay is subject to the Owner's permission.

4.1.3 You will be allocated an appropriate number of bedrooms based on the guest list you submit within the bookings form. If you use any extra bedrooms the cost of the additional use will be deducted from your Cautionary Deposit and then, if there is a shortfall, you will be invoiced in addition to any prior payment made.

4.1.4 The Owner permits the Property to be used for commercial use. If you do wish to use the Property for private use please contact us before booking.

4.2. Property Specific Terms

4.2.1The Property may have Property Specific Terms which will be provided to you prior to Booking. You must abide by these during your Stay.

4.3 Pets

Pets are not permitted in the Property within any of the Bookings we make.

4.4 No Smoking

Smoking is strictly prohibited at all the Property’s we book stays with.

4.5 Broadband

Where broadband is provided, there is no guarantee of a minimum speed, unrestricted bandwidth, or uninterrupted provision. We and the Owner cannot be held liable for any failure in the broadband access.

5. PRICE AND PAYMENT

5.1 The price of your Stay including any Cautionary Deposit and any extras (e.g. private chef) will be notified to you prior to your request to book being confirmed.

5.2 We will confirm the dates for payment and the price of your Stay at the time of Booking and you must ensure that you make the payments on time.

5.3 All payments via us will be made by bank transfer, payments can also be made directly with the property in which the stay is taking place, all payments made directly to property stays will become the sole responsibility of the Owner and the Guest, we hold no responsibility for any financial loss or issue that occurs from transactions made separately to us.

5.4 Bank transfers must be in cleared funds by the deadlines for payment and in the currency shown in the Booking. Any bank or transfer charges shall be borne by you.

5.5 Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes before you have paid in full, we will be required to adjust the price of your Stay accordingly.

5.6. If you fail to pay any sums (including the Cautionary Deposit) by the due date we will send an additional invoice for the amount owing plus an administration charge of £30 or we may cancel your Stay and use any monies paid to cover the costs incurred by you breaching these terms and conditions.

5.7 You will not be permitted to have access to the Property if there is any sum (whether Cautionary Deposit or otherwise) outstanding at the Check-in time and clause 5.6 above will apply.

6. CAUTIONARY DEPOSIT

6.1 You will be informed of the amount of the Cautionary Deposit to be paid at the time of Booking.

6.2 The Cautionary Deposit must be paid one week before the Check-in time. If your Check-in time is between the last Friday in December and the first Friday in January, the Cautionary Deposit will be due no later than the 18th December.

6.3 The Property will be assessed after your Stay. If no excessive cleaning is required, or loss or damage is discovered, we will provide you with a full refund of the Cautionary Deposit. Otherwise, if any excessive cleaning, loss or damage is discovered then you will be informed of the amount to be deducted from the Cautionary Deposit.

6.4 If the reasonable cost of repairing any loss or damage to the Property or contents exceeds the Cautionary Deposit, we will invoice you and charge your credit or debit card.

6.5 If any proportion of the Cautionary Deposit is retained, or a further charge is made under this clause 6 and you dispute the same, we will provide you with the Owner’s contact details and you will be required to resolve the issue directly with them.

7. YOUR RIGHTS TO CANCEL

7.1 Any cancellation must be in writing and will only be effective once we send written confirmation of the cancellation to you. Please see clause 8 for your entitlement to refunds and clause 2.4 relating to changes.

7.2 When we confirm your cancellation in writing we will provide you with details of what (if anything) is owing to you and any deductions we have made.

7.3 We strongly recommend that you take out travel insurance at the time of making the Booking with cancellation cover. Whilst we allow you to cancel your Stay, we cannot guarantee that we will be able to refund any part of the payments you have already made.

7.4 If you are unable to travel to the Property for any reason, or do not arrive on the day of Check-in without notifying us, this will be treated as a cancellation under this clause 7.

8. REFUNDS

8.1 Whenever you cancel, if we are still responsible for marketing the property we will try and rebook the dates. If we are not then responsible for marketing, then the Owner will provide a partial refund.

8.2 If your dates (or part of them) are rebooked you will be entitled to a refund of all payments you have made to us minus:

(a)any reduction in the value per night of the new booking compared with the rate charged to you for your nights; and

(b)a £30 cancellation charge.

8.3 If your dates cannot be rebooked then:

If you cancelled

8.3.1Eight weeks or more prior to the Check-in date

We will retain the deposit you paid at the time of Booking.

8.3.2 Less than eight weeks to the Check-in date

We will retain all payments made and you will be liable for any outstanding balance payment.

8.4 Cancellations received after 12 noon are not effective until the following working day.

9. THE OWNER’S RIGHT TO CANCEL

9.1 The Owner may have to cancel a Booking prior to the Check-in time due to an event outside their control (such as fire, flood, failure of utilities or legislation) or if the Property will be unavailable as a result of a sale and we will contact you as soon as possible to let you know if this happens. We will try and arrange alternative accommodation in a property in our portfolio of similar facilities and price and, if this is not possible, you will be entitled to a full refund. This does not apply where you cancel because you are unable to travel or stay at the property as a result of the COVID – 19 pandemic or other legal requirement affecting you; only where the Owner cancels because they are not permitted to have guests at the Property.

9.2 Clause 9.1 states your sole and exclusive rights and remedies, and the Owner’s and our entire obligations and liability, if cancellation occurs under clause 9.1.

10. LIABILITY

10.1Neither we nor the Owner’s liability is limited for:

(a)death or personal injury caused by the negligence of either of us;

(b)fraud or fraudulent misrepresentation; or

(c)breach of the terms implied by the Consumer Rights Act 2015.

10.2 If we or the Owner fail to comply with these terms and conditions, we and the Owner will each respectively be responsible for any loss or damage you suffer that is a foreseeable result of our or the Owner’s breach of the terms or negligence, but neither of us are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our or the Owners’ breach or if they were contemplated by you and us when we entered into this Booking.

10.3 Subject to clause 10.1, we and the Owner are not responsible for any transport and/or alternative accommodation costs or for loss or damage to any of your items, belongings, or vehicles.

10.4 To be clear, we shall not be liable for any loss or damage you suffer due to the breach of these terms by, or the negligence of, the Owner and the Owner shall not be liable to you if we breach these terms or are negligent.

11. HOW WE USE YOUR PERSONAL INFORMATION

11.1We will only use your personal information as set out in our Privacy Policy.

11.2We will only provide our marketing to you where you have notified us that you wish to receive our marketing.

12. GENERAL

12.1 You acknowledge that the Owner may enforce any and all of these terms and conditions against you.

12.2 Except for you, us and the Owner, no other person shall have any rights to enforce any of its terms.

12.3 These terms shall be governed by and construed in accordance with English law and the courts of England & Wales shall have exclusive jurisdiction.

13 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.

13.1 You will be asked to give your express agreement to these terms and conditions before you place an order on via a form on our website, over the phone, via email.

13.2 CONTACT

Questions, comments and requests regarding these Booking Terms and Conditions for accommodation are welcomed and should be addressed to kirsty@thelandscape.uk.

Booking Services Terms & Conditions - Contract (B)

1. INTRODUCTION

Please read these Booking Services Terms and Conditions as they are important and govern what is expected of you, us; when a booking is made for one of our services and, or events.

We strongly advise you take out comprehensive business insurance and public liability insurance to cover any cancellation costs or personal injury caused. If you choose not to then you accept responsibility for any loss, damage that you may incur.

If you have any queries about these terms and conditions or have any comment or complaint about your Booking, Service or Event, you can contact us at the above address, use our online forms or call our customer service team at +44 (0) 7787227761.

1.1 These Terms & Conditions apply to all bookings made for services and events with The Landscape.

1. Introduction and overview of this contract

2. Definitions

3. Order process

4. Prices

5. Payments

6. Variation of Booking

7. Cancellations of bookings by us

8. Cancellations of bookings by you

9. Warranties and Representations

10. Limitation and exclusions of Liability

11. Force Majeure

12. Indemnity

13. Variation

14. Assignment

15. No Waivers

16. Severability

17. Third Party Rights

18. Entire Agreement

19. Law and Jurisdiction

20. Statutory & Regulatory Disclosures

21. Details

22. Contact

2. DEFINITIONS

2.1 In these terms and conditions:

(a) "we" means The Landscape which is currently T/A Sketch Creative Consultancy (and "us and "our" should be construed accordingly);

(b) "you" means our customer, client, member or prospective customer, client, member under these terms and conditions (and "your" should be construed accordingly);

(c) "booking" means a booking in respect of all services that we offer, which may be made by you under these terms and conditions; and

(d) "force majeure event" means an event that is, or a series of related events that are, beyond our reasonable control.

(e) “event” means all services that we offer; sessions, facilitation, design, workshops, training programmes, gatherings, resets, retreats, rests and reviews.

(f) “customer” means clients, members, companies, educational institutions, organisations, charities and NFPs.

(g) “service” means any event, session, workshop, away day, gathering, reset, retreat, facilitation, consultation, review given by us.

3. ORDER PROCESS

3.1 The advertising of bookings on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To make a booking through our website, the following steps must be taken: you must click "book" in relation to the relevant event, if you are a new customer, you must complete the Booking Request Form ; if you are an existing customer, you must enter you must consent to these terms and conditions; you request will be transferred to applications, we will confirm details of booking with us via bookings confirmation form to the email address provided.

3.4 We will either send you an bookings confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.5 You will have the opportunity to identify and correct input errors prior to making your order by responding to the email sent with your bookings confirmation; changes will be made and a new booking confirmation form will be sent to your email.

4. PRICES

4.1 Our prices are quoted on our website are a guideline only, each event is bespoke and therefore will be priced accordingly.

4.2 We will from time to time change the prices mentioned on our website, but this will not affect contracts that have previously come into force.

4.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

5. PAYMENTS

5.1 You must pay for your bookings within 10 days of the invoice being sent to secure your event, unless the event occurs within 10 days and then the invoice must be paid immediately on receipt via email.

5.2 Payments may be made by bank transfer only.

6. VARIATION OF BOOKING

6.1 If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.

6.2 We may change the time and date and/or location of an event that is the subject of a booking, by giving to you written notice of the change (at least 14 days before the event is due to begin) unless there are circumstances under our control, which we will make every effort we can to offer a similar event, stay. If we notify you of a change to a booking under this Section 6.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by us within (7 days) following the date of issue of our notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 6.2.

7. CANCELLATION OF BOOKINGS BY US

7.1 We may cancel a contract under these terms and conditions:

(a) at least 14 days before the event in respect of which the Contract was made begins; due to unforeseen circumstances out of our control, such as sickness, or death of event facilitator, organiser; or due to an owner of accommodation cancelling event booking; or an Force majeure event under section 11.

7.2 We will give you written notice of any contract cancellation under this Section 7.

7.3 If we cancel a contract under these terms and conditions in accordance with this Section 7, you will be entitled to a full refund of the price paid under that contract.

8. CANCELLATION OF BOOKING BY YOU

8.1 Any rights you may have under this Section 8 are additional to your statutory rights.

8.2 You may cancel a contract under these terms and conditions:

(a) or at least 14 days before the event begins, in which case you will be entitled to a full refund of the price paid, cancellations made less then 14 days before the event begins will not be entitled to a refund under a contract under these terms and conditions.

(b) we reserve the right to give no refund/s made for any cancellation for an event within 14 days before the start of the event.

8.3 In order to cancel a contract under this Section 8, you must complete and submit the cancellation form on our website or send to us a written notice of cancellation by email using the contract details specified in these terms and conditions.

8.4 Section 8, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a contract under these terms and conditions.

9. WARRANTIES & REPRESENTATIONS

9.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions; and

(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

9.2 We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.

9.3 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. LIMITATIONS AND EXCLUSIONS OF LIABILITY

10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a) are subject to Section 10.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10.7 You accept that we have an interest in limiting the personal liability of our officers, consultants and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, consultants or employees in respect of any losses you suffer in connection with the bookings made or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers, consultants and employees).

10.8 Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed the greater of:

(a) the total amount paid and payable to us under that contract.

11. FORCE MAJEURE

11.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.

11.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:

(a) promptly notify you; and

(b) inform you of the period for which it is estimated that such failure or delay will continue.

11.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.

12. INDEMNITY

12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of these terms and conditions. The limitations and exclusions of liability will apply whether or not the liability in question arises out of any reckless, deliberate, personal and/or repudiatory conduct or breach of contract.

13. VARIATION

13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

14. ASSIGNMENT

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. NO WAIVERS

15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

16. SEVERABILITY

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. THIRD PARTY RIGHTS

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. ENTIRE AGREEMENT

18.1 Subject to Section 10.1, both these contracts; “Booking Accommodation Terms and Conditions; Contract (A)”and the “Booking Services Terms and Conditions; Contract (B)” that can both be found on our website Terms & Conditions page here, we shall constitute the entire agreement between you and us in relation to all bookings made through our website and email and shall supersede all previous agreements between you and us in relation to such bookings.

19. LAW AND JURISDICTION

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20. STATUTORY & REGULATORY DISCLOSURES

20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

20.2 These terms and conditions are available in the English language only.

20.3 Our VAT number is GB371634691.

21. DETAILS

Our details are The Landscape, T/A Sketch Creative Consultancy Ltd a registered Limited Company in England.

21.1 This website is owned and operated by Sketch Creative Consultancy Ltd T/A The Landscape.

21.2 We are registered in England and Wales under registration number 08194614, and our registered office is at Claremont House, 12, Down Lodge Close, Alderholt, Fordingbridge, SP6 3JA.

21.3 Our principal place of business is at stated in (21.2).

22. CONTACT

Questions, comments and requests regarding these Booking Services Terms and Conditions for services are welcomed and should be addressed to kirsty@thelandscape.uk, or

(a) by post, to the postal address given above (21.2);

(b) by using our website contact form here ;