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Northam Farm (Terms & Conditions)
1

Definitions and Interpretation

  1.1

The words and expressions set out below shall, save where the context otherwise requires, have the following meanings in these Terms:

Agreement” means the Booking Form and the Confirmation, together with these Terms;

Booking Form” means any booking form provided by the Owner and completed either by the Customer or on behalf of the Customer by a telephone operative of the Owner (for the avoidance of doubt all references in these Terms to the completion of a Booking Form shall include by a telephone operative of the Owner on behalf of a Customer) to detail the Services required by the Customer;

Confirmation” means the written confirmation of the agreed Services sent to the Customer by the Owner, in accordance with clause 3;

Customer” means the person who books the Services in accordance with these Terms;

Full Payment” means the payment in full of the Price by the Customer to the Owner and shall only be deemed to have occurred once confirmation has been received by the Owner’s bank that cleared funds have been received in the sum of the Price;

Guests” means guests of the Customer attending the Venue to take advantage of the Services;

Owner” means Northam Farm Holiday Park, a partnership of Mr M H Scott, Mrs R M Scott, Mr D M Scott and Mr P A Scott or such other partners who may be appointed to the partnership from time to time, of Brean Sands, South Road, Brean, Burnham-on-Sea, TA8 2SE, United Kingdom;

Owner’s Website” means www.northamfarm.co.uk;

Price” means the total price payable by the Customer for the Services including VAT and any other applicable taxes, as detailed in the Confirmation;

Services” means the provision of a pitch or pitches at the Venue, together with any agreed ancillary services, as specified in the Booking Form;

Venue” means the Northam Farm Holiday Park, Brean, Near Burnham-On-Sea, Somerset, TA8 2SE.

  1.2

Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.

  1.3 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
  1.4 The word “including” is not to be treated as a word of limitation.
2

How a contract is formed

 

2.1

To order Services, the Customer must complete or have completed for it a Booking Form. All orders, including those made by telephone, constitute an offer from the Customer to the Owner to purchase Services.  All orders are subject to acceptance by the Owner, and such acceptance will be confirmed to the Customer by the Owner by sending Confirmation to the Customer.  The contract between the Owner and the Customer will only be formed when the Owner sends the Customer its Confirmation.

  2.2

It is the Customer’s responsibility to check the particulars of the Confirmation. In order for any errors to be rectified, they must be notified to the Owner within seven days of receipt of the Confirmation.

  2.3

Any alteration or addition to the details of the Confirmation will require the Customer to complete a new order unless otherwise agreed in writing by the Owner.

3 Payment
  3.1

In consideration of the provision of the Services, the Customer agrees to pay the Owner the Price in accordance with the terms of the remainder of this clause 3.

  3.2

Subject to clause 3.3 below, a non returnable deposit of such proportion of the Price as applies to the Services for the first two nights of any stay at the Venue (the “Deposit”) is to be paid at the time of the submission of the Booking Form. For the avoidance of doubt in circumstances where the Owner does not accept the Customer's offer in accordance with clause 2.1, the Deposit shall be refunded.

  3.3

Where the Services requested on the Booking Form are to be provided during the any time shaded red, May Day Weekend & ‘Country & Western’ festival Week on the pricing tariff on the Owner’s Website, full payment of the Price is to be made at the time of the submission of the Booking Form.

  3.4

Where a Deposit has been paid in accordance with clause 3.2 above, the balance of the Price (being the Price less the Deposit) (the “Balance”) must be paid to the Owner before access to the Venue is granted. For the avoidance of doubt payment of the Balance can be made upon arrival at the Venue for the provision of the Services.

  3.5

All figures quoted by the Owner for the Services are in pounds sterling and inclusive of VAT.

4

Customer Obligations and Acknowledgements

  4.1

The Customer acknowledges, represents, warrants and undertakes to the Owner as follows:

    4.1.1

that it will pay the Price in accordance with clause 3;

    4.1.2

it has, and will continue to have through to the date of the provision of the Services, full right, title and authority to enter into this Agreement and to accept and perform the obligations imposed on it under this Agreement;

    4.1.3

that it will on request provide such information and assistance as the Owner may reasonably require in the provision of the Services;

   

4.1.4

that it will (and where applicable will procure that any of its Guests) at all times remain well behaved, will not cause any nuisance or annoyance to any other person at the Venue and will exercise care as to its/their own safety and the safety of all others whilst at the Venue in complying with the Venue rules of entry and any directives and guidelines issued by the Owner;
    4.1.5

that all units brought into the Venue by the Customer must be insured by the Customer for public liability;

   

4.1.6

that all bookings comprising a Bank holiday weekend, dates in the red bands identified on the Owner Website, May Day Weekend and the 'Country & Western’ festival require full payment one month before arrival. No reminder will be sent by the Owner;

    4.1.7

that all bookings otherwise than those under clause 4.1.6 above, require a two night minimum deposit and balance payable on arrival;

    4.1.8

that a limited number of pitches for the disabled are available therefore pre-booking is essential if these are required (including “Waterside” pitches);

    4.1.9

that the Owner cannot reserve an exact pitch but will endeavour to locate the Customer in the field of its choice;

    4.1.10

that the Owner cannot guarantee to pitch groups of families and friends together during peak periods;

    4.1.11

that the first two nights are non-refundable after a booking has been confirmed. There is no booking fee;

    4.1.12

that bookings for Services are not transferable;

    4.1.13

that should the Customer terminate the Services early, no refund will be given for nights not used; and

    4.1.14

that the Owner reserves the right to cancel the provision of Services due to inclement weather. For the avoidance of doubt such proportion of the Price actually paid at the date of cancellation under this clause 4.1.14 will be returned to the Customer in this circumstance.

       
5

Venue Admission

  5.1

The Owner reserves the right to refuse admission and to remove persons from the Venue who do not comply with the Venue rules of entry or these Terms or who represents a security risk, nuisance or annoyance or who have in their possession prohibited items including chemicals of any kind, weapons or any offensive materials in whatever format. The Owner further reserves the right to conduct security searches of persons wishing to enter or occupying the Venue and their belongings to ensure the safety of persons at the Venue.

  5.2

The Owner does not accept groups of young people or single sex parties unless by prior arrangement.

  5.3

No lorries, commercial or converted vehicles are allowed in the Venue without prior approval of the Owner.

  5.4 Unlicensed motorised vehicles i.e. quad/micro scooters are not permitted in the Venue
  5.5

The Customer and its Guests shall respect the occupants of the other units at the Venue, keeping the noise to a minimum especially after 11:00pm. The Owner reserves the right to terminate the Agreement, at any time night or day, of any Customer whose conduct is detrimental to the Venue or comfort of other visitors. No refund will be given in these circumstances.

  5.6

No guarantee is given that Customers can take up their pitch if they/Guests arrive before 10.30 am during peak times.  If a Customer wishes to extend the Services beyond the period already booked, every effort will be made to accommodate its requirements but the Owner cannot guarantee that it will be able to do so.

  5.7

All late arrivals after 10:00pm must pitch in the late arrivals enclosure and the nightly tariff charges will apply.

  5.8

Customers and Guests are requested to vacate their pitch by 10.30am on the day of departure during peak times.  If Customers prefer a later departure during the rest of the season, availability should be checked with Owner reception.

  5.9

Customers and Guests staying on disabled and Waterside pitches are requested to vacate their pitch by 10:30am throughout the season.

  5.10

Parents/Guardians will be responsible for their own children at all times.

  5.11 Parents/Guardians of junior cyclists are courteously reminded that the Highway Code applies whilst cycling in the park at the Venue. The Owner strongly recommends children under 10 years of age should be supervised
  5.12

Young children must be accompanied to the toilet/showers. Girls/Boys over 6 years of age must use the appropriate female/male facilities. Children are not allowed to play in or around the toilet/shower area.

  5.13

Bicycles, skate boards, roller blades/skates are not allowed inside any building in the Venue.

  5.14 No ball games are allowed in the Park other than in the areas provided, you will be responsible for any damage caused due to your negligence.
  5.15

A 10mph speed limit applies at all times.

  5.16

The provisions of the Road Traffic Act applies to all vehicles when in the Venue, therefore any persons not insured or unqualified may be liable to Police prosecution.

  5.17 No private caravan/motorhome sales are permitted in the Venue
  5.18

Dogs must be kept on leads at all times other than in designated exercise areas. Owners will be responsible for the removal of any fouling in the Venue. Dogs must not be left unattended. The Owner reserves the right to refuse certain breeds of dog that it considers inappropriate for a family holiday venue. Badly behaved dogs will not be tolerated.

  5.19

NRA Fishing licence and a Northam Farm Permit are required to fish are lakes. Rules of the lakes must be adhered to by Customers at all times, otherwise the Customer’s Northam Farm Permit will be withdrawn. A NRA licence is to be shown by a Customer fishing the lakes if asked for by member of Northam Farm staff. Customers can collect their copy of the rules of the lakes from Reception on arrival.

  5.20

Grass pitch:- Vehicles must be parked on the nearside of the unit, Jockey wheel placed on the slab provided ensuring even spacing for Fire Regulations.

  5.21

Hardstanding pitch:- Vehicles must be parked on the offside of the unit. Jockey wheels must be placed on the arrow.

  5.22

Windbreaks must not obstruct the thoroughfare between units.

  5.23

Only urgent messages can be delivered by the Owner. The Owner cannot accept any responsibility for errors arising from telephone requests of any nature.

  5.24

During the Owner’s Caravan Show weekend and from the start of Country & Western Festival, all touring fields shall accept dogs.

  5.25

Due to licence regulations no persons under the age of 18 years are permitted in The Seagull Inn without an adult. Please note that numbers are strictly controlled by Fire Regulations and due to popularity, admission to The Seagull Inn cannot be guaranteed.

  5.26

Customers should be aware that due to the nature of the countryside within the Venue there are many unprotected ditches. The Venue’s fishing lakes also have deep water and are unfenced so the Owner would advise parents to supervise their children in this area.

  5.27

Customers should notify Venue reception/security immediately when calling out emergency services.

6

Limitation of Liability

  6.1

The Owner shall not be liable to the Customer or a Guest for any loss or damage caused by the Owner where such loss or damage is not a reasonably foreseeable result of a breach of the Agreement. The Owner will not be responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by the Customer and the Owner (such as loss of profits or loss of opportunity).

  6.2

Nothing in these Terms shall exclude or restrict the Owner’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from the Owner’s negligence or wilful default.

  6.3

The entire liability of the Owner in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall not exceed in any event the Price.

  6.4

The Owner shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Owner’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Owner’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond the Owner’s reasonable control:

    6.4.1

Act of God, explosion, flood, abnormally inclement weather, tempest, fire or accident;

    6.4.2

war or threat of war, sabotage, insurrection, civil disturbance or requisition;

    6.4.3

acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

    6.4.4

import or export regulations or embargoes;

    6.4.5

strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Owner or of a third party);

    6.4.6

difficulties in obtaining raw materials, labour or similar.

  6.5

The Owner shall have no responsibility or liability for any loss of or damage to the property or personal effects brought to the Venue by the Customer, its employees, sub-contractors or Guests.

  6.6

The Customer undertakes and agrees that it will irrevocably indemnify and hold the Owner its officers, employees, agents and sub-contractors harmless:

    6.6.1

from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising from a breach of the representations, warranties or undertakings contained herein or arising from the acts or omissions of the Customer, its employees, agents, sub-contractors or guests;

    6.6.2

in respect of any damage accidentally, intentionally or negligently caused by the Customer, its employees, sub-contractors, or Guests to any property belonging to or in the control of the Owner (including the Venue). In the event that such damage does occur the Customer shall, within 7 days of the Owner’s letter outlining the damage to be remedied, ensure payment of any costs arising.

7

Termination

  7.1

Either party shall have the rights at any time to terminate this Agreement immediately by giving written notice to the other in the event that:

    7.1.1

the other party has committed a material breach of any obligation under this Agreement which breach is incapable of remedy or cannot be remedied in time for the provision of the Services; or

    7.1.2

the other party has committed a material breach of any of its obligations under this Agreement and has not remedied such breach (if the same is capable of remedy) within 14 days of being required by notice to do so; or

    7.1.3 the other party goes into liquidation whether compulsory or voluntary or is declared insolvent or if an administrator or receiver is appointed over the whole or any part of that other party’s assets or if that other party enters into any arrangement for the benefit of or compounds with its creditors generally or ceases to carry on business or threatens to do any of these things;
8

Notices

  8.1

All notices shall be in writing and may be delivered personally, by facsimile, by first class pre-paid post and shall be deemed to be properly given or served:

    8.1.1

two working days after being sent to the intended recipient by pre-paid post addressed as aforesaid or, if sent by international air mail, five working days after being sent to the intended recipient; or

    8.1.2

if sent by facsimile on receipt of confirmation of transmission or if not a working day the first working day thereafter provided that a confirmation copy is sent by first class pre-paid post to the address aforesaid within 24 hours of transmission.

9 General
  9.1

The Owner confirms that personal information relating to individuals provided by the Customer shall be stored and processed by the Owner for use solely in connection with the Services and that such information shall not be distributed to third parties without the relevant individual’s prior consent. Such information will only be disclosed to a third party without prior notice to the relevant individual when the Owner believe such disclosure to be required by law or regulation or to be necessary to defend the rights of the Owner, the safety of the public or other Customers and their Guests.

  9.2

The Agreement constitutes the entire agreement between the Owner and the Customer with respect to its subject matter, and shall supersede any and all prior agreements, representations or understanding between the parties, whether written or oral.

  9.3

Where any conflict arises between the content of the Booking Form and the Confirmation the content of the Confirmation shall prevail. In the event of conflict between either the Booking Form or Confirmation and these Terms, the content of these Terms shall prevail.

  9.4

If any provision of the these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of the Agreement shall not be affected.

  9.5

Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.

  9.6

The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales. The Customer’s statutory rights are not affected.

  9.7 The launching of Chinese lanterns is prohibited

Northham Farm Holiday Park, Brean Sands, Burnham-on-sea, Somerset TA8 2SE
Telephone: (01278) 751 244 or Fax: (01278) 751 150
 
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