SUMMARY

The Reserve is an internationally important site for wildlife, particularly breeding birds in spring and winter, and as such guests must be aware of the need to be considerate of the site and potential impacts upon it when staying. The terms and conditions include a simple code of conduct, terms of usage of the site and facilities provided, departure information, booking terms and a complaints procedure. Any queries or clarifications should be referred to our team, stay@elmleynaturereserve.co.uk prior to booking.

For bookings of Kingshill Farmhouse different Terms & Conditions apply. Please see these here.
For Event bookings, please ask your point of contact for Event Booking T&Cs.

Terms and conditions for stays (except Kingshill Farmhouse)

Our full terms and conditions are below however please find a summary of the main points here:

• Deposits are 30% of the total stay

• All deposit payments taken are non-refundable

• Deposit payments can be transferred up to 7 days prior to check-in

• The remaining balance is due one week ahead of your stay, and will be taken using the card we hold on file for you

• Cancellations with 7 days, up to 48 hours, can transfer the remaining balance to a future stay to be used within 12months

• Cancellations within 48 hours, you are liable for the full stay

• Promotional codes may not be used in conjunction with any other offers

• If we are forced to close due to COVID-19 you are entitled to a refund of your deposit, but you may choose to transfer your booking or accept a credit note

• No dogs are permitted on the Accommodation site, or Nature Reserve in general, unless a safe assistance dog

• We recommend taking out travel insurance to cover the event of a cancellation. Please refer to our cancellation terms below for full details.

• Check-in to the Accommodation is from 3pm on the day of arrival and check out is by 10.30am on the day of departure. Please note that these times may be subject to change, so please confirm at the time of booking.

• Bookings are for personal stays only – group bookings and events are covered under separate Terms & Conditions. Please contact us for details events@elmleynaturereserve.co.uk. If you wish to hire a space for commercial reasons or for an event please contact us before making a booking

• These terms and conditions refer to accommodation bookings, for day visit tickets please refer to the ticket booking site here.

General Terms and Conditions

Thank you for choosing to book a stay at Elmley Nature Reserve. We look forward to welcoming you.

Definitions

“Elmley” or “we” is Elmley Enterprises Limited, also trading as Kingshill Farm, company number 04180627 and the provider of the Assignment under these terms.

“Client” or “you” is the person (or persons) who book the Accommodation (where more than one they are joint and severally liable)

“Reserve” is ECT (Conservation) limited, company number 02207530 and the nature reserve where the Accommodation is situated.

“Accommodation” is the space available for overnight guests in Elmley Cottage, Shepherds’ Huts, Cabins or Bell Tents.

By using this website and the online booking service you are agreeing to be bound by the Terms and Conditions detailed below which form the basis of your contract with Elmley. Please print and retain a copy of this agreement for your records as it may occasionally be updated.

1.Making a booking

By making a direct booking you are confirming that you are authorised to do so on behalf of all persons named in the booking and you are acknowledging that all members of your party agree to be bound by these Terms & Conditions. When your booking has been made a confirmation will be sent to you by email using the email address that you have supplied. You should retain a copy of this confirmation for your reference.

Booking confirmations are subject to the availability of the Accommodation. You should carefully check the details of your confirmation as soon as you receive it. You must contact Elmley immediately if any of the details are incorrect or incomplete. We will always endeavour to rectify any inaccuracies or accommodate any alterations you wish to make to your booking. We cannot accept liability for any inaccuracies that are not brought to our attention within seven days of issuing your confirmation, nor can we accept responsibility for inaccurate information that you have supplied.

2.Paying for your booking

All direct bookings (whether made via the Elmley website or by telephone or email) must be guaranteed with a non-refundable booking deposit (30% of the room rate for the total stay). The total booking deposit will automatically be deducted from your credit/debit card at the time of booking. At this point your credit or debit card details will be securely stored for up to 7 days after your departure. All payment transactions are handled by a third-party payment gateway Stripe, a secure transaction processing environment. We do not process any credit card details on our own website.

Balance payments are payable 7 days prior to your check-in. We will send a reminder email 10 days ahead of your stay, and payment will be taken with the card we hold on file 7 days ahead of your stay. Any additional extras incurred during your stay (tours, food, drinks etc) will be taken at the time and date of checkout. If payment is not made in full and within time, the booking may be suspended and payment in advance may be required before the booking may continue. If payment is not made on time, Elmley reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

3.Cancellations or Amendments

Cancellation by you: The 30% deposit paid is non-refundable. You must contact Elmley on the details provided in your booking confirmation to cancel your booking within 7 days your scheduled check in time. Cancellations made within 7days, up to 48hours prior to check-in, the balance payment can be transferred to a stay at a later date, to be used within 12 months.

Cancellation by you within 48 hours of the schedule check in time will incur a charge up to the full value of the stay. Please refer to your travel insurance in the case of any cancellations

-Amendments: Should you wish to amend the date of your booking we require at least 7 days notice prior to your scheduled check in time. We will try to accommodate your first date change free of charge and subject to availability. Subsequent date changes will incur a £25 admin fee. Please be aware that rates may differ between dates. Please note that deposits paid are non-transferable.

By Elmley: In the unlikely event that we are unable to accommodate a confirmed reservation it may be necessary to offer an alternative of an equal or a superior standard. If at any time we need to make changes that will significantly affect your stay or we need to cancel your stay, we will tell you as soon as possible, offering a suitable alternative, credit note or a full refund.

This does not apply to minor changes or events during your stay, resulting from unusual or unforeseeable circumstances beyond our control. We cannot be held responsible for cancelling your booking as a result of your failure to comply with any requirement of our Booking Terms & Conditions, and we are not liable for any expenses, costs or losses incurred by you as a result of any change or cancellation by us. If a guest or a member of your party behaves in a way that causes or is likely to cause danger, upset or distress to a third party or to Elmley, the wildlife or guest property, we are entitled, without prior notice, to curtail the stay and request that the person(s) concerned leave Elmley. No refunds or return travel arrangements will be made and we will not pay any expenses or costs incurred as a result of such a curtailment.

COVID-19 - Cancellations by you due to COVID-19 still fall under our standard cancellation policy. If we are forcibly closed due to COVID-19 then you are entitled to a full refund, or credit note for a future booking.

4. Arrival & Departure

Arrivals – Check in from 3pm on the first day of the booking, although you are welcome to arrive and enjoy the Reserve from 10am.

Departure – Guests are requested to check out of the accommodation by 10.30am. If you wish to spend the remainder of the day on the Reserve please leave all baggage and personal items locked in your vehicle, or ask Elmley staff about storage for the day, before setting off from the farm.

Late check-outs and early check-ins can be arranged depending on availability. There will be a charge for late check-outs that have not been pre-arranged. On departure your hut and the site are to be left clean and tidy.

Keys must be handed back to our staff or left as arranged on your arrival.

All rubbish/recycling is to be tidied responsibly. Please check you haven’t left anything.

5. Code of Conduct for overnight guests

No dogs, save assistance dogs, are permitted on site.

Access to huts is only permitted by the marked routes – you will be shown these on arrival. Visitors must remain on marked footpaths and nature trails shown on our site map, and must not access other areas, stray off these routes or cross closed gateways. Visitors must remain in the marked area around accommodation and on the path and must not proceed further towards the water bodies.

Any activity near the water bodies is strictly forbidden, this includes walking, music, lights, BBQ and other general presence. Only those facilities provided by Elmley may be used. Specifically, guests may not provide or make their own BBQs, fires, table and chairs, picnic areas or play games outside of the permitted area. Only the lighting and torches provided may be used at the site of the accommodation.

No audio players are permitted outside of the Accommodation. Guests agree to be considerate tenants and to take good care of the accommodation and facilities during their stay. Guests agree not to act in any way which would cause disturbance to other guests or the residents or wildlife.

The Reserve has a range of potential hazards including deep water, soft mud, uneven surfaces and farm machinery operating in the area. By staying on site you are acknowledging these conditions and you are aware, and accept, the risks, hazards, and dangers of personal injury in entering Elmley and the Reserve. The Reserve may also contain naturally occurring flora and fauna which are harmful or poisonous. Parents must not allow children play unattended at any time.

By booking and using the site you agree to be responsible for your party and any children you are in charge of, and your own welfare and to take all reasonable precautions against personal injury, injury to others and damage to the site and facilities.

Should any facilities, equipment, or items in the inventory, be damaged wilfully, as a result of inappropriate usage or behaviour, or as a direct result of failing to respond to instructions from Gareth, Georgina or other Elmley staff you will be held responsible for the cost of repair or replacement of that item.

Be aware the bell tents are cotton canvas and in prolonged and heavy rain the tents may leak.

You use the facilities and amenities at your own risk, e.g. the BBQ and firepit. Please be aware the site is open to the public. Overnight guests are responsible for securing any valuables in their possession. A safe, or similar facility, are not provided. Anything you bring to the accommodation or the Reserve, and any damage or loss to your possessions is at your own risk.

You must follow all instructions provided, either by Elmley or where you use any equipment in the accommodation which has the product manufacturer’s instructions, at all times.

The shepherd’s huts are insulated and have heating but British weather can mean dramatic variance in weather in a short period of time (“4 seasons in one day”). Whilst we supply certain facilities and equipment, there remains a requirement to perform some activities (e.g. washing up) outdoors. You are responsible for your own well-being and comfort regarding appropriate clothing and footwear etc. In extreme weather conditions at the site, such as exceptional cold and snow, where existing and/or forecast we do our best to warn guests and give guests the option to move dates (subject to availability) without being subject to the cancellation policy administration handling charge, or loss of any monies.

If you have any questions about your stay and require more information prior to arrival than is published on the website, please do not hesitate to contact us by telephone between 9am and 5pm, or send us an e-mail.

6. Insurance and Liabilities

Clients are responsible to Elmley for any damage to property or theft of property caused by the clients, their guests, agents or employees. Elmley holds appropriate insurance cover for the property and its use as accommodation. Elmley will use reasonable care and skill with any valid claim in respect of the good or services provided by Elmley the Client may be entitled to a refund of the price paid, or a portion of the price paid. Elmley’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL. Nothing in these Terms will exclude or limit liability for death or serious injury caused by Elmley’s negligence.

If Elmley are limited or hindered from providing any facility, booked by the Client due to circumstances beyond its control eg: Government intervention, Acts of God, extreme weather, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of Elmley to the Client shall not exceed the amount paid by the Client upon booking to Elmley in respect of the booking. The non-refundable deposit shall not be repaid (being an approximation of the value of goods or services already rendered) and (where the value of the goods or services already delivered to the Client is greater than the value of the deposit) we shall be entitled to be paid additionally for all goods and services delivered to the Client up to that point. Elmley will not be liable for any additional losses suffered by the Client as a result of such circumstances.

7. Additional requests

All additional or special requests are subject to availability and we cannot guarantee the provision for special requests. Any additional requests made should be prior to your arrival, giving reasonable advance notice, and will be confirmed by Elmley where possible.

8. Additional guests

The Accommodation booked is only permitted to be used by the number of guests agreed on booking. If additional guests use the property Elmley reserves the right to make a charge. No additional people should visit the property, even for the daytime, without the explicit written agreement of Elmley and charges may apply.

9. Commercial Bookings

Only bookings for personal purposes i.e; private travel leisure and tourism, are permitted to be made under these terms and conditions. If the booking is for commercial or profit-making reasons, the booking will be subject to separate fees and terms and conditions. You are required to inform Elmley and receive commercial hire terms. Commercial hire may include but is not limited to; filming or photography for commercial purposes, hire of the space for a commercial event such as a yoga retreat, hire of the space by a company or organisation for work related purposes, including corporate entertaining, incentive trips. By making a booking through our booking system, Cloud Beds, you are agreeing that the booking is not for commercial purposes. If the use is later determined to be for commercial purposes Elmley will either amend the booking agreement and/or charge additional fees and costs and/or cancel the booking.

10. Third party suppliers

Elements of your break may include services supplied by third parties. Such third-party suppliers will usually have their own set of Terms and Conditions relating to the services they provide. You should consult the Terms and Conditions of any third-party either before or soon after making a booking if your break includes such items. If you cancel such third-party suppliers’ services within 48 hours of the Hire Period or less, there is a 50% charge applied by them for late cancellation. Elmley are in no way whatsoever responsible for any services or goods provided by third party suppliers.

11. Confidential Information and Data Protection

Elmley will keep any confidential information or personal data supplied confidential and secret, and only use it for the purposes of supplying the goods and services at the Event, or otherwise making proper use of the Venue. It will share personal data only with its suppliers where it is necessary for the Assignment, and to deliver the goods and services contracted to be provided. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at https://www.elmleynaturereserve.co.uk/privacy-policy

12. Jurisdiction

These terms and any dispute arising from them shall be governed by the laws of England and Wales.

13. Customer Complaints

In the first instance of a complaint, please speak to us directly either in person or call our General Manager 07951395492 so we can resolve your problem. If you are unable to do so or wish to do so once you leave please address any correspondence regarding complaints to;

Georgina Fulton, Kingshill Farm, Elmley Nature Reserve, Sheerness, Kent, ME12 3RW or email Stay@elmleynaturereserve.co.uk

Please note, complaints received after 14 days from the end of your booking cannot be reliably investigated.

14. Compliance

Any refusals to abide or follow the Code of Conduct may result in a cancellation of your booking and loss of your deposit and/or total fee. Reckless or intentional disturbance of protective wildlife is also against the law.

As from January 2022.