Definitions.

In these Terms and Conditions, words with capital letters will have the meanings given to them as shown below: 

“We”, “Our” “UH” and “Us” refer to Underhill House which is our trading name and includes our Accommodations Courtyard Cottage, Little Underhill and Garden View Apartment.

“You” and “Your” refer to the person or persons who make the booking or person or persons acting on their behalf. “You” and “Your” also refers to all members of the group staying at the accommodation as part of the booking, and any persons, Your contractors or Your employees visiting the property during Your stay. 

“Booking” refers to the booking made by you when We have confirmed the booking request made by You and We have received your booking deposit.

“Booking Date” refers to the period during which You intend to stay at the Accommodation. 

“Circumstances Beyond Our Control” means any act or event beyond Our reasonable control, including without limitation postal communication, plant failures, supply of gas, electricity and water, fire alarm evacuation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks. 

“Accommodation”, “Property” and “Grounds” constitute the entire property and surrounding gardens at Underhill House, including our holiday cottages and apartment Courtyard Cottage, Little Underhill, and Garden View Apartment.

“Contract” means these Terms and Conditions. 

“Booking Deposit” means the sum of £25 paid at time of booking.

“Holding Deposit” means the 25% of the agreed total tariff taken against whole site bookings.

“Damage Deposit” means the £200 credit card preauthorization taken up to seven days prior to commencement of Your booking.

“Tariff” means the total agreed charge for Your Booking.

BOOKING PROCESS

Bookings are subject to the following terms and conditions as agreed to at the time of booking.

• A contract between You (the client) and Us (the owners) will come into existence when We receive Booking or Holding Deposit and accept your Booking by issuing a confirmation of Booking for the agreed Booking Date. The contract binds You & all the members of your party. It is Your responsibility to ensure that all members of your party accept the terms of the Contract set out in these Terms & Conditions of Booking. Failure to disclose all relevant information or comply with these terms may lead to termination of the Contract & loss of the Booking.
• All Bookings attract a £25 non refundable Booking Deposit at time of Booking.  This is deductible from the final Tariff.  Remainder is due four weeks prior to check in.  Bookings made within four weeks of check in are to be paid for in full in advance.
• Whole site and larger bookings (Weddings etc) made four weeks or more before check in require 25% Holding Deposit to secure the dates, payable by invoice/BACs.  Please note we have specific terms and pricing structure for whole site bookings and require contact and agreement for such, prior to booking.
• If Your payment has been processed via a 3rd party Booking agent, such as Airbnb or Booking.com, the payment terms for Your transaction can be found on their websites. All other Terms of this agreement still apply to Bookings made through 3rd party booking agents.
• The Booking is not assignable by You to any other party without Our prior written consent.

CANCELLATIONS

• All cancellations must be immediately notified by telephone and then in writing.  If You cancel Your Booking more than four weeks prior to the Booking Date,  We will refund 100% of Your payment less the £25 Booking Deposit.  If You cancel Your Booking less than four weeks before arrival then We will refund you 50% of Your Tariff.  If You cancel 7 days or less before Your arrival then the entire Tariff is forfeit.   If you cancel a Whole Site booking more than four weeks before check in, the 25% holding deposit is forfeit. If you cancel a whole site booking less than four weeks before check in, 100% of your tariff is foreit.
•  All transfers of dates are subject to availability. Please note that a requested change or transfer of Your Booking will be treated as a cancellation of Your original Booking with Us. Any replacement Booking will be treated as a new Booking and will be made subject to the Terms and Conditions and prices prevailing at the time of the new Booking.
• When and if We agree to the transfer of date by notice to You the original booking date will be released and no longer held for You.  Cancellation fees, where applicable, will be immediately due to be paid to Us by bank transfer.
• We strongly advise that You take out comprehensive travel insurance. If You choose not to then You accept responsibility for any loss that You may incur due to Your cancellation. 
• Your booking will not be cancelled by Us except in exceptional Circumstances Beyond Our Control. Notification will be given of the cancellation as soon as possible and We will promptly refund all payments made for Your holiday. Our liability for cancellation will be limited to payments made to Us.
• We may cancel Your Booking if You do not pay the balance of the Tariff by the due date.  In the event of cancellation under these circumstances, You shall be liable for the portion of cancellation fee as set out in Our cancellation terms herein.
• Bookings cannot be accepted from persons under eighteen years of age.
• We (the owners) reserve the right to refuse a booking without giving any reason.

USE OF FACILITIES

• The number of persons using the accommodation at any time must not exceed 4 guests in Courtyard Cottage,  or 8 guests in Little Underhill.   For purposes of the Booking, children of two years old and above are treated as adult guests. Additionally Courtyard Cottage can accommodate one infant of under two years old, and Little Underhill can accommodate two infants of under two years old.  Garden View Apartment is maximum capacity of 2 adults, or one adult and a child of 10 years old or more. We reserve the right to terminate the Booking without notice and without refund in case of a breach of this condition.
• Your stay will  normally commence at 4pm on the Booking Date unless otherwise agreed and guests are required to vacate the accommodation by 10am on the day of departure. This allows the accommodation to be thoroughly cleaned and prepared for incoming guests. We would be grateful if the cottages are left in a clean and tidy condition.
• Unauthorized pets, or smoking or vaping anywhere on the premises will result in immediate termination of the Booking and forfeiture of all payments. This must be strictly adhered to and any damage or extra cleaning caused by pets or smoking  or vaping will be at the expense of You.
• You may in no circumstance re-let or sublet the property, even free of charge.  The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
• The internet connection is available (at no extra cost) subject to technical availability.
• We shall not be liable for any temporary defect or malfunction of any equipment, machinery or appliance in the building or grounds.
• Use of the EV charger is at Our discretion and is payable by cash or card prior to your departure, at the rate to be advised at the time of Your use.
• All inventory must remain in the property it was in at arrival and not be taken to another property. 
• Children under 18 must be supervised by their parents/guardians at all times.
• Your children are welcome to use the play area in the grounds. Please be advised that the play set is designed for use of children between the ages of 5 and 12 years only.  All children using the area must be supervised by a responsible adult.  In the interests of safety, please do not smoke or bring dogs, glass or alcohol into the area.  Use of the facility is entirely at Your own risk and We do not accept responsibility for any claim, loss or damage which may arise resulting from its use.
• In the event that We have granted permission for a dog, pet or other animal to stay during Your visit, it must remain securely on a lead when in the grounds of the site at all times.  Under no circumstances must dogs or pets be allowed to remain unsupervised in the Accomodations at any time.  Please do not allow Your pet upstairs at Little Underhill, or on furniture or beds anywhere in the Accomodations.
• We reserve the right to terminate a holiday without compensation where the unreasonable behavior of the persons named on the Booking (or their guests) may impair the enjoyment, comfort or health of others.  
• We reserve the right to require, at our absolute discretion, You or Your guests to leave the premises if they are behaving in a drunk or disorderly manner, or using abusive, violent or threatening behaviour.
• You must not enter on foot any of the adjoining fields to the property  or the private gardens of Underhill House, during Your stay. 
• You must ensure that You drive with care and attention, and do not exceed 10mph on the driveway.
• We do not accept any liability for any items of lost property belonging to You or Your guests. We will not be responsible for the loss, damage or theft of any personal items or vehicles during your stay.  Please be careful to collect all your personal items on departure as we WILL charge for return.
•  We reserve the right (acting reasonably) to redecorate and to change the configuration or fixtures and fittings of the Accommodation in Our absolute discretion.
• You must not play any loud music outside; use any candles or naked flames inside the Accommodation without prior written consent at our absolute discretion; bring any illegal offensive or dangerous materials into any part of the Accommodation; temporarily or permanently attach of fix anything to the internal and/or external walls, floors or ceilings of any part of the Accommodation; Light any fires, fire pits or portable BBQs in the ground of the property without prior permission from Us.  You agree to indemnify Us and hold Us indemnified for any costs incurred by Us in full if You or Your guests breach this clause. 

DAMAGE AND SECURITY

• Damage deposit – In making a booking You accept responsibility for any theft, breakage or damage caused by You or any member of Your party and agree to indemnify Us in full for any loss that We may incur as a result.  A damage deposit of £200 PREAUTHORISED on Your credit card is required to be enacted by You 7 days in advance of your arrival.  Links from Our booking and payment system (EVIIVO) will be shared at this time and we ask that You action promptly to avoid disappointment and inconvenience.  Keys will not be released if the pre-authorisation is not in place.
• Damage to property – Please treat the facilities & accommodation with due care so that other guests may continue to enjoy them. In the event that You notice damage in Your accommodation please let Us know immediately so that We can take the appropriate action. If there have been any breakages during your stay, We would be grateful if You could replace them or advise Us before you leave. We do not normally charge for minor breakages or damage, but we reserve the right to deduct any costs for repair or making good or replacing an item from Your Damage Deposit if the damage or breakage is significant. For the avoidance of doubt a significant breakage is one that involves an item or items with a replacement value of £25 or over and Our decision as to whether a breakage is significant will be final. You will be notified in writing of Our decision, within 72hrs of check out. 
• Any soilage to Our property by You or Your guests will be Your responsibility and will attract an additional minimum charge of £150 per incident, which will be deducted from your Damage deposit. If necessary, We will contact You after Your stay in writing to recover any additional costs incurred due to any incidents. These costs include Our costs for specialist cleaning, repair or replacement of damage by You or Your guests to Our property, the cost of the overnight accommodation for any period it is unusable and Our administration costs.
• Please be security conscious and lock the doors and close the windows when You leave the accommodation unoccupied – in the event that the accommodation suffers a break in during Your stay We shall not be liable for any damage or loss you may suffer. Should it be deemed that the break in is as a result of negligence on Your part, You may be charged for any damage or loss incurred by Us.
• We reserve the right to make a charge to cover additional cleaning costs if You leave the property in an unacceptable condition. 
• Please note that in the event that any keys issued are not returned at the end of Your stay, then the cost of replacement up to and including changing of lock mechanisms will be charged to You.

GENERAL

• We or Our representative reserve the right to enter the Accommodations at any time to undertake essential maintenance or for inspection purposes.
• In the event that We should supply to You a welcome hamper as part of Your stay, we cannot guarantee the absence of certain food groups (including nuts and gluten) from Our food. The contents of the hamper may vary throughout the seasons and be subject to produce availability.
• Any problem or complaint which You may have concerning your stay must be immediately reported directly to Us/Our representatives and We will endeavour to put matters right. Any complaints not reported to Us at the time and only reported after You have departed will not be considered by Us.
• We reserve the right to make reasonable amendments or additions to these terms and conditions without notice.
• This property is privately owned and is Our home. We expect all guests to enjoy the facilities and treat the property with the same respect that they would with their own house.
• Guests are advised that Underhill House is in a remote location, and there is accordingly CCTV covering all the gardens and grounds  for Your, and Our, security.  For our full CCTV policy, please see below.
•  This Contract constitutes the entire agreement between Us and You. You may not rely on anything that has been said by Us which is not set out in this Contract unless We have agreed to any changes or additions in writing, which We have signed and attached to these Terms and Conditions. If there is something that You consider should have been included into this Contract, then You will notify Us prior to taking up your Booking so that We may add it to these Terms in writing before You accept these Terms. 
• We may revise these Terms from time to time with regard to how We accept payment from You and if We need to do so to comply with any relevant laws and regulatory requirements. If We have to revise these Terms We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract at this point if there is a material disadvantage to You but please refer to our Cancellation terms above with regard to Booking Deposit and Holding Deposits.
• A person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Contract.
•  This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

CCTV POLICY

Policy Statement

We have assessed that security cameras, Closed-Circuit Television (CCTV) and other surveillance systems have a legitimate role to play in helping to maintain a safe and secure environment for all our staff and visitors. However, we recognise that this may raise concerns about the effect on individuals and their privacy. This policy is intended to address such concerns. Images and audio recorded by surveillance systems are personal data which must be processed in accordance with data protection laws. We are committed to complying with our legal obligations and ensuring that the legal rights of our visitors and staff, relating to their personal data, are recognised and respected.

Definitions 

For the purposes of this policy, the following terms have the following meanings:

CCTV – fixed and domed cameras, smart doorbells, and any other recording equipment designed to capture and record images and audio of individuals and property.

Data – information which is stored electronically, or in certain paper-based filing systems. In respect of CCTV, this generally means video images with audio. It may also include static pictures such as printed screen shots.

Data subjects – all living individuals about whom we hold personal information as a result of the operation of our CCTV (or other surveillance systems).

Personal data – data relating to a living individual who can be identified from that data (or other data in our possession). This will include video images of identifiable individuals.

Data controllers – the people who, or organisations which, determine the manner in which any personal data is processed. They are responsible for establishing practices and policies to ensure compliance with the law. We are the data controller of all personal data used in our business for our own commercial purposes.

Data users – Those of our employees whose work involves processing personal data. This will include those whose duties are to operate CCTV cameras and other surveillance systems to record, monitor, store, retrieve and delete images. Data users must protect the data they handle in accordance with this policy and our Privacy Policy.

Data processors – any person or organisation that is not a data user (or other employee of a data controller) that processes data on our behalf and in accordance with our instructions (for example, a supplier which handles data on our behalf).

Processing – any activity which involves the use of data. It includes obtaining, recording or holding data, or carrying out any operation on the data including organising, amending, retrieving, using, disclosing or destroying it. Processing also includes transferring personal data to third parties.

Surveillance systems – any devices or systems designed to monitor or record images and/or audio of individuals or information relating to individuals. The term includes CCTV systems as well as any technology that may be introduced in the future such as body worn cameras, unmanned aerial systems, smart doorbells and any other systems that capture information of identifiable individuals or information relating to identifiable individuals.

About this Policy

We currently use CCTV on and around our Property. This policy outlines why we use CCTV on our Property, how we will use CCTV and how we will process data recorded by CCTV cameras to ensure we are compliant with data protection law and best practice. This policy also explains how to make a subject access request in respect of personal data created by CCTV.

We recognise that information that we hold about individuals is subject to data protection legislation. The images of individuals recorded by CCTV cameras in the workplace are personal data and therefore subject to the legislation. We are committed to complying with all our legal obligations and seek to comply with best practice suggestions from the Information Commissioner’s Office (ICO).

This policy covers all guests and visitors of the Property, our staff and contractors. It may also be relevant to visiting members of the public.

The policy will be regularly reviewed to ensure that it meets legal requirements, relevant guidance published by the ICO and industry standards.

Personnel Responsible

Alexander Smith has overall responsibility for ensuring compliance with relevant legislation and the effective operation of this policy. The owners (Alexander Smith and Lisa Royle have Day-to-day management responsibility for deciding what information is recorded, how it will be used and to whom it may be disclosed.

Reasons for the use of CCTV

• We currently use CCTV around our site as outlined below. We believe that such use is necessary for legitimate business purposes, including:
• to prevent crime and protect buildings and assets from damage, disruption, vandalism and other crime.
• for the personal safety of guests, staff visitors and other members of the public and to act as a deterrent against crime
• to support law enforcement bodies in the prevention, detection and prosecution of crime;
• to assist in day-to-day management, including ensuring the health and safety of guests, staff and others;
• in relation to employees and workers, to assist in the effective resolution of disputes which arise in the course of disciplinary or grievance proceedings
• to assist in the defence of any civil litigation, including employment tribunal proceedings.

This list is not exhaustive and other purposes may be or become relevant.

Monitoring

CCTV monitors areas within the boundary of the Property 24 hours a day and this data is continuously recorded.

Camera locations are chosen to minimise viewing of spaces not relevant to the legitimate purpose of the monitoring. As far as practically possible, CCTV cameras will only cover entry and exit points, communal and public areas of the Property and will not focus on private spaces which are to be enjoyed by guests. Under no circumstances shall CCTV be installed in, or otherwise focus on, toilets, shower facilities, swimming pool areas, hot tubs, changing rooms, bedrooms or private offices or staff resting areas.

Our CCTV system does not capture audio.

How we will operate any CCTV

Where CCTV cameras are placed at the Property, we will ensure that signs are displayed at the entrance of the surveillance zone to alert individuals that their image may be recorded. The surveillance zone is the area that the CCTV covers only, not necessarily the whole property. Such signs will contain details of the organisation operating the system, the purpose for using the surveillance system and who to contact for further information, where these things are not obvious to those being monitored.

Live feeds from CCTV cameras will only be monitored where this is reasonably necessary, for example to protect health and safety.

We will ensure that live feeds from cameras and recorded images are only viewed by approved members of staff whose role requires them to have access to such data. This may include HR staff involved with disciplinary or grievance matters.

Use of Data gathered by CCTV

In order to ensure that the rights of individuals recorded by the CCTV system are protected, we will ensure that data gathered from CCTV cameras is stored in a way that maintains its integrity and security. This may include encrypting the data, where it is possible to do so.

Given the large amount of data generated by surveillance systems, we may store video footage using a cloud computing system. We will take all reasonable steps to ensure that any cloud service provider maintains the security of our information, in accordance with industry standards.

We may engage data processors to process data on our behalf. We will ensure reasonable contractual safeguards are in place to protect the security and integrity of the data.

Retention and use of Data from CCTV

Data from CCTV will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information. Exactly how long that data will be retained for will vary according to the purpose for which they are being recorded. For example, where recordings are for the purpose of crime prevention purposes, data will be kept long enough only for incidents to come to light. We will maintain a comprehensive log of when data is deleted outside of our usual retention schedules.

At the end of their useful life, data in all formats will be erased permanently and securely. Any physical matter such as tapes or discs will be disposed of as confidential waste. Any still photographs and hard copy prints will be disposed of as confidential waste.

Use of additional surveillance systems

Prior to introducing any new surveillance system, we will carefully consider if they are appropriate by carrying out a privacy impact assessment (PIA).

A PIA is intended to assist us in deciding whether new surveillance systems are necessary and proportionate in the circumstances and whether they should be used at all or whether any limitations should be placed on their use.

Any PIA will consider the nature of the problem that we are seeking to address at that time and whether the surveillance is likely to be an effective solution, or whether a better solution exists. In particular, we will consider the effect a surveillance system will have on individuals and therefore whether its use is a proportionate response to the problem identified.

No surveillance cameras will be placed in areas where there is an expectation of privacy (for example, in changing rooms) unless, in very exceptional circumstances, it is judged by us to be necessary to deal with very serious concerns.

Covert Monitoring

We will never engage in covert monitoring or surveillance (that is, where individuals are unaware that the monitoring or surveillance is taking place) unless, in highly exceptional circumstances, there are reasonable grounds to suspect that criminal activity or extremely serious malpractice is taking place and, after suitable consideration, we reasonably believe there is no less intrusive way to tackle the issue.

In the unlikely event that covert monitoring is considered to be justified, it will only be carried out with the express authorisation of Alexander Smith. The decision to carry out covert monitoring will be fully documented and will set out how the decision to use covert means was reached and by whom. The risk of intrusion on innocent workers or customers will always be a primary consideration in reaching any such decision.

Covert monitoring will only be carried out for a limited and reasonable period of time consistent with the objectives of making the recording and will only relate to the specific suspected illegal or unauthorised activity.

Ongoing review of CCTV use

We will ensure that the ongoing use of existing CCTV cameras at the Property is reviewed periodically to ensure that their use remains necessary and appropriate, and that any surveillance system is continuing to address the needs that justified its introduction.

Requests for disclosure

We may share data with other group companies and other associated companies or organisations, for example shared services partners where we consider that this is reasonably necessary for any of the legitimate purposes set out above in paragraph 5.

No recordings from our CCTV will be disclosed to any other third party, without express permission being given by Alexander Smith. Data will not normally be released unless satisfactory evidence that it is required for legal proceedings or under a court order has been produced.

In other appropriate circumstances, we may allow law enforcement agencies to view or remove CCTV footage where this is required in the detection or prosecution of crime.

We will maintain a record of all disclosures of CCTV footage.

No CCTV footage will ever be posted online or disclosed to the media.

Subject access requests

Data subjects may make a request for disclosure of their personal information and this may include CCTV images and, if captured, audio (data subject access request) in accordance with our Privacy Policy.

In order for us to locate relevant footage, any requests for copies of recorded CCTV images must include the date and time of the recording, the location where the footage was captured and, if necessary, information identifying the individual.

We reserve the right to obscure images of third parties when disclosing CCTV data as part of a subject access request, where we consider it necessary to do so.

Complaints

If you have questions about this policy or any concerns about our use of CCTV, then they should speak to Alexander Smith in the first instance.

Requests to prevent processing

We recognise that, in rare circumstances, individuals may have a legal right to object to processing and in certain circumstances to prevent automated decision making (see Articles 21 and 22 of the UK General Data Protection Regulation). For further information regarding this, please contact Alexander Smith