Holiday Cottage Terms and Conditions
1. Your booking
- Your contract with us will begin when we issue you with your confirmation invoice. Your contract with us will be on the terms set out below.
- Whalesborough Holiday Cottages & Spa acts as an agent for all properties let for the purposes of occupying the property for a holiday.
- The tenancy of a holiday accommodation confers upon the Tenants (“You”) the right to occupy the property for a holiday within the meaning of Schedule 1, Paragraph 9 of The Housing Act 1988.
- The proprietors reserve the right to change (e.g., through refurbishment) details of any property that has previously been advertised.
- All bookings are formally confirmed by us when we issue you with your confirmation invoice. The confirmation invoice will set out the details of the accommodation booked, the dates booked, the total amount payable for your booking and the dates on which payments are due.
- You as the person making the booking, will be responsible for all members of your party. You must be at least 18 years old at the time of making the booking.
- We reserve the right to refuse to accept bookings which include individuals under 18 years of age.
- We reserve the right to refuse multiple property bookings or bookings made where all occupants are male or all females. Should these types of bookings be accepted they are done so on the understanding that all occupants agree to adhere to the terms and conditions herein.
- We do not knowingly allow any guest to use or visit our parks who: (i) has an unspent criminal conviction; (ii) has an entry on a criminal register (including the sex offenders’ register); (iii) has any record of any order indicating antisocial behaviour, violence, abuse, public disorder, or criminal damage or any other form of antisocial behaviour; (iv) is a convicted sex offender, subject to the notification requirements of the Sexual Offences Act 2003; or (v) is subject to a Risk of Sexual Harm Order or Child Abduction Notice. If you don’t disclose this information about yourself or any other member of your party, and it later becomes known to us, we reserve the right to cancel your booking and require that you, and the other members of your party, leave the park, without refund.
- You must notify us at the time of making your booking if you intend to bring your dog(s). There is a charge of £40 per dog. We welcome up to 2 large dogs or 3 small dogs in dog friendly accommodation. We provide a crate, sofa covers and a small Pooch Welcome pack. Dogs are not allowed in the bedrooms and must be kept in a crate when left alone in the property. Please keep dogs on a lead whilst walking around the complex. We cannot guarantee that we will be able to accommodate your dog(s) and we will notify you if we are not able to do so before confirming your booking.
- There must be no more members in your party than the property is designed to accommodate unless with prior agreement. And only those listed on the booking form may occupy the property. A cot may only be used for an infant aged 24 months or less.
- We reserve the right to terminate any booking should you and any occupants of the property breach any of the terms and conditions herein.
- You will be provided with a welcome pack on arrival. This will be located in your holiday accommodation. This pack will contain important information about your stay with us. Please ensure that each member of your party reads the welcome pack on arrival. You must also ensure that you and every other member of your party familiarises themselves with the layout of the accommodation and the location of the fire exits.
2. Paying for your accommodation
- For bookings made more than 6 weeks in advance of your arrival date, you must pay a deposit when making your booking of 20% of the full cost of your holiday. The remaining balance will be payable by the date set out in your confirmation email.
- For bookings made less than 6 weeks in advance of the arrival date, you must pay the total amount of the booking at the time of booking.
- If you do not pay the invoice price of your booking by the date it falls due, we will write to you, with a reminder. If you fail to make payment of the invoice price in full within 14 days of the due date, we will assume that you wish to cancel your booking. If this happens, your booking will immediately be cancelled, and cancellation charges set out in Clause 6 will apply.
- Overseas individuals who make a booking to stay at our holiday properties may pay for such accommodation by Mastercard, Visa, Maestro or by international electronic transfer. Any charges from overseas payment will be passed on to the overseas individual making the booking.
3. Pricing of our holiday accommodation
- Once you have made your booking, the price of the holiday will not be subject to any change unless the following circumstances apply:
- If the rate of VAT changes between the date that you submit your booking and the date we send you a booking confirmation, we will adjust the rate of VAT that you pay unless you have already paid in full before the change in the rate of VAT takes effect.
- It is always possible that, despite our best efforts, our holidays may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the correct price at your booking date is higher than the price stated, we may contact you for your instructions before we accept your booking. If we accept your booking where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
4. Special offers
- Any special offers or discounts you may have will only be valid if claimed at the time you make your booking.
- All discounts and special offers are subject to availability.
5. Alterations to your booking
- When you book you must provide us with the names and ages of all persons intending to occupy the holiday accommodation for the duration of the booking. You must notify us of any change of guest as soon as possible, prior to your arrival date.
- Only you and the persons named in your booking confirmation can stay in the holiday accommodation. We reserve the right to refuse entry to any person who is not named in your booking.
- Once your booking has been confirmed you cannot transfer your booking to anyone else or amend it (this includes changing the members of your party by either removing or adding persons to your booking) except in accordance with clause 5d below.
- If you wish to make a change to your booking, such as an alteration to the type of accommodation or the date of your booking, you must notify us as soon as possible. We will endeavour to accommodate your requirements however we are not able to guarantee that this will be possible. If we are able to assist you with making your requested amendment there will be an administration charge of £15 plus any increase in the cost of your holiday and ask you to make payment of any additional sums due to us, at the time of making your request.
- If we agree to amend your booking and as a result of this change, the price of your booking reduces, we will refund to you any overpayment, less our administration charge of £15.
- Please note that should you wish to extend your stay beyond the booked dates there is no guarantee that the same accommodation will be available.
6. Cancellation of your holiday booking
- We request that you check all information contained in our confirmation booking email as soon as practicable. Should you notice any discrepancies or wish to make changes to your booking, we ask that you contact us at the earliest opportunity. Where we are able to make changes to your booking, we will do what we can to accommodate your request. Depending on the nature of your request, please note additional charges may be applicable.
- You may cancel your holiday at any time. Cancellation will be effective from the date it is received by us.
- The closer your cancellation notice is to the start of your booking, the less likely we will be able to re-sell your accommodation. Our cancellation charges therefore increase as the booking date of your holiday approaches, in accordance with the table below.
|Number of days prior to start date||Cancellation Charge|
|Cancellation received More than 42 days||£0|
|Cancellation received 36 to 42 days||50% of total holiday cost|
|Cancellation received 29 to 35 days||60% of total holiday cost|
|Cancellation received 22 to 28 days||70% of total holiday cost|
|Cancellation received 15 to 21 days||80% of total holiday cost|
|Cancellation received 14 days or under||100% of total holiday cost
- If you fail to cancel your holiday in accordance with our cancellation policy, you will be charged the relevant cancellation fee.
- Administration fees for holidays cancelled less than 42 days before the holiday start date are non-refundable.
- The cost of your booking does not include holiday cancellation insurance.
- We would advise that you take out cancellation insurance to cover the eventuality of you needing to cancel your booking.
8. Change or cancellation of the holiday by us
- We do not expect to have to make any changes to your booking once it is confirmed, however sometimes problems arise, and bookings have to be changed or cancelled. We will only do this if it becomes necessary to do so for reasons that are unforeseen at the time of you making your booking which are beyond our reasonable control or if essential remedial works are required to your holiday accommodation. If this happens: We will promptly contact you to let you know. We may cancel your booking and refund your payments, or offer alternative accommodation and refund any payments for accommodation not yet provided to you less the cost of alternative accommodation. If we offer alternative accommodation, you may still choose to cancel your booking and we will refund the payments you have made to us. We will not be liable for compensation, or responsible for any failure to perform any of our obligations under these terms caused by an event outside our control.
- Events outside our control include but are not limited to war, threat of war, riot, terrorist activity, natural or nuclear disaster and fire.
- If for any reason beyond the proprietors control the property is unavailable on the date booked (Fire or flood damage) all rent and charges paid in advance will be refunded in full. The applicants shall have no further claim against the proprietors. Alternatively, at your request we would look to offer alternative accommodation and move your booking.
- d. We may terminate your holiday if you are in serious breach of your obligations in these Terms and Conditions and the breach is not capable of being remedied or is such that it causes a breakdown in the relationship between you and us (for example violence or intentional damage to property) by serving upon you reasonable notice in writing to terminate your booking. In deciding what period of notice is reasonable, we shall have due regard to the nature of the breach and other relevant circumstances. In appropriate cases, this may mean requiring you to leave the Park immediately.
- If you are in breach of any of your obligations under these Terms and Conditions which is capable of being remedied (for example, a failure to comply with the behaviour standards which has not caused a breakdown in the relationship between you and us) we may write giving you warning, specifying the breach and asking you to remedy the breach within a reasonable and specified time. If you do not comply with that warning and the breach is either serious and/or amounts to persistent breaches of obligation, which taken individually would be minor but which taken together cause a breakdown in the relationship between you and us, we are entitled to write to you to terminate your booking. In appropriate cases, the warning we give you may be very short and we may then require you to leave the Park immediately.
9. Your Obligations
- You agree to adhere to the Terms and Conditions herein along with any Park Rules that are applicable to the property and its occupants during a holiday.
- You must only use the holiday accommodation for the purposes of your holiday and recreational purposes. You must not use the accommodation for any business purpose.
- Pay promptly for your holiday and other charges due to us.
- Pay to us interest at 8% per annum over the published base rate of Barclays Bank plc from time to time (in Northern Ireland, the Ulster Bank) on any undisputed sums overdue from the due date to the date we actually receive such amounts from you, both before and after any judgment that we may obtain against you.
- Not cause any damage to the property or Park during your holiday.
- f. Not make any alteration to any Property.
- g. Permit us to move you to another location on the Park if necessary. We will ensure that any alternative location will be of similar quality and be responsible for all reasonable costs incurred.
10. Standards and Behaviour
- These standards will apply from when you request your booking until your holiday ends. Unless stated otherwise, they apply whether or not you are on the Park at the time.
- You agree to, and you must make sure that you, your party and any visitors (including, in each case, their children), keep to the following standards of behaviour:
- To act in a courteous and considerate manner towards us, our staff and anyone visiting, using or working on the Park including other customers.
- To supervise children so that they are not a nuisance or danger to themselves or other people using the Park.
iii. Not to:
- Commit any criminal offence (whether or not on the Park or in its vicinity) which causes your name to be entered on the Violent and Sex Offender Register or causes you to be subject to a Risk of Sexual Harm Order or Child Abduction Warning Notice (or any register, order or notice succeeding these);
- Use the Park in connection with any criminal activity or commit any other criminal offence (i.e. any offence not already subject to clause 10.1) at the Park or in its vicinity;
- Commit any acts of vandalism or nuisance on the Park;
- Use fireworks, Chinese lanterns or any similar open flame heat source on the Park;
- Smoke in the property, in any of the facilities or anywhere on the Park where signage stipulates such;
- Keep or carry any firearm or any other weapon on the Park;
- Keep or use any unlawful drugs on the Park;
- Create undue noise or disturbance or commit antisocial behaviour on the Park;
- Carry on any trade or business at the Park;
- Permit anyone who is to your knowledge on the Violent and Sex Offender Register or
subject to a Risk of Sexual Harm Order or a Child Abduction Warning Notice (or any register, order or notice succeeding these) to use or visit the Park.
- You agree that if you or any of your family members or visitors or guests whom you have invited to the Park break the behaviour standards listed above then we may terminate your booking.
- You must keep the holiday accommodation and its contents clean and tidy and leave them in the same condition as when you arrived. You must not allow the holiday accommodation to be used for any dangerous, noisy, illegal or immoral activities. You must not cause a nuisance or annoyance to us, our employees or contractors or any other person using our parks.
- Barbeques are permitted where supplied by us. Disposable barbeques are NOT permitted.
- We welcome up to 2 large dogs or 3 small dogs in dog friendly accommodation. We provide a crate, sofa covers and a small Pooch Welcome pack.
- If bringing dogs to the property, you must ensure they are all wormed, treated for fleas and all their vaccinations must be up to date before arriving at the property.
- You must ensure that any dogs do not enter the bedrooms of the property and ensure the dogs are kept in a crate when left alone in the property. Please also keep dogs on a lead whilst walking around the complex.
- Dogs are welcome with responsible owners who respect the furniture and the peace of mind of all other guests. Any accident or injury caused by dogs shall be entirely at the liability of the party who brought the animal to the property.
- If you discover anything is missing or damaged on arrival, please notify us straight away by contacting reception.
- You will be responsible for the cost of any damage you or your party cause to the holiday accommodation or its contents. Any articles which are damaged, broken or lost during your stay at the property must be paid for.
11. Damage to the holiday accommodation or its contents
12. Our liability to you
- We will allow you to stay with us at the property for the duration of your booking for holiday and recreational purposes, provided you comply with your obligations in these Terms and Conditions and except where exceptional circumstances prevent us from doing so.
- We will provide, maintain and keep in good state of repair the property and facilities, except where these have to be interrupted temporarily for the purposes of repair or development or for other reasons caused by exceptional circumstances outside our control.
- We will insure the properties and facilities against usual third-party risks to a minimum of £5,000,000 per claim.
- If we fail to comply with these terms or are negligent, we are responsible for loss or damage you suffer as a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- We do not exclude or limit in any way our liability for:
- Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
- Fraud or fraudulent misrepresentation
- We cannot be held liable to you or any other member of your party, for any loss or damage to you or your property however caused whilst staying at the property.
- We cannot be held responsible for any facilities that are closed, due to any unforeseen circumstances, during your stay at the property.
- We reserve the right to enter the property, to inspect the same, during your stay.
- We reserve the right to terminate your stay at the property if you or any member of your party are believed to be causing a nuisance to the other guests or are not treating the property with due respect.
13. Arrival and departure times
- Your holiday home will be available from 4pm on your arrival day. If you think you may arrive after 5pm on your arrival day please let us know by 5pm on the day of your arrival by emailing us at email@example.com or call 01288 361940.
- We require you to vacate on your day of departure, by 10am
- If you have failed to notify us of a late check in and fail to arrive at the property within 24 hours, we will in the first instance attempt to contact you. Where this has not been possible, we reserve the right to cancel your booking and re-let the property. In such circumstances no refund of the booking fee would be made to you.
14. Health and Safety
- We take the wellbeing and safety of our guests very seriously and we ask that you comply with the following:
- The speed limit on the park is signposted at the entrance.
- All vehicles must conform to the Road Traffic Act and have current tax, MOT and insurance. The provisions of the Highway Code apply to the roads on the park.
iii. Guests are not allowed to bring lorries or other commercial vehicles on to the park. This includes towing vehicles.
iiii. No recreational vehicles can be used on the park. This includes motorised scooters.
- No mechanical or repair work is to be undertaken on the park.
- Vehicles are to be parked in allocated parking spaces, please speak to reception on arrival.
- Please make yourself aware of the nearest fire point.
vii. The total number in your party (including children and babies) must not exceed the maximum capacity of the holiday home advertised.
viii. Read and follow our hot tub guidelines when using our hot tubs. A copy of these are provided in your accommodation.
15. Bed linen
- We provide bottom sheets, duvets/covers and pillows/covers in all accommodation.
- Bath and hand towels are provided in our accommodation.
- Wi-Fi is available throughout the Park at no extra charge, details of which are available at reception. Please note that its provision is subject to availability and network conditions. Service may be intermittent and you are advised that it is intended for pleasure and not for business use. Bookings are not accepted if they are wholly reliant on the uninterrupted provision of Wi-Fi.
- Cutting or damaging trees and other vegetation is strictly prohibited and the natural conditions are not to be disturbed. This includes tying ropes to, or driving nails into trees.
- No refunds can be given if guests depart prior to the end of the booked holiday.
c.. The information supplied on your booking form will be stored on computer for administrative purposes. Under no circumstances will this information be provided to a third party. We may from time to time wish to send you news or special offers on our parks. If you do not wish to receive any communication from us please tick the appropriate box on the booking form. For the purposes of the Data Protection Act 1984 the signing of the Declaration on the Booking Form signifies your assent to these terms.
- It may be necessary or desirable to change the Park Rules from time to time, including for reasons of health and safety, the efficient running of the Park, environmental issues, local authority requirements, and/or changes in law or regulations or in the interpretation of law and regulations imposed upon us, in which case we will notify you in writing using your contact details at the address on the Booking Form.
- Any changes made to the Park Rules after we accept your booking may affect you because you will be required to comply with the changed Park Rules, but will not affect anything else to which you are entitled under these booking Terms and Conditions.
- We hold a key to all the accommodation we own on the Park.
- If you are staying in our accommodation, we may use the key for any purpose authorised by you, for example if you ask us to give access to an authorised visitor. We may require you to confirm your authority in writing.
- We may also use the key in an emergency, such as an immediate concern for the health and safety of any person, to carry out urgent repairs or preventative work, or to check and secure the accommodation if it appears to be insecure.
- We will take reasonable care when accessing any accommodation.
- If you lose the property keys or take them home with you there is a charge of £25 for a replacement set.
- We agree that any letters or other communications between us shall be sent using the details for us in these Terms and Conditions and for you on the Booking Form. Email may be used.
- We will use the personal information you provide to us to:
- Provide the accommodation;
- Process your payment to us; and
- iii. Inform you about similar accommodation, offers or products that we provide, but you may stop receiving this information at any time by contacting us.
- We will not give your personal data to any third party unless the law requires us to do so.
16. Park facilities
18. Changing the Park Rules
How we may use your personal information
Other important Terms
- We may transfer our rights and obligations under these terms to another organisation and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
- You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing beforehand.
- This contract is between you and us. No other person has the right to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in effect.
- If we fail to insist that you perform any of your obligations under these terms or, if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
- If any clause in these booking conditions shall in whole or in part be held to be unenforceable under any enactment or rule of law that clause shall be removed and the enforceability of the remainder of this agreement shall not be affected.
- These booking conditions replace and supersede all previous booking conditions regarding the letting of properties for the purpose of using them for a holiday.
- The validity, construction and performance of this agreement shall be governed by English law.
- You and we both agree to submit to the jurisdiction of the English courts.
- If a guest has a complaint concerning any aspect of the services provided by the proprietor, it is duty of the guest to inform the proprietor immediately, or as soon as is reasonably practicable and in any event before the termination of the stay. It is specifically agreed between the parties that failure by the guest to notify the proprietor of any complaint in accordance with the timescale set out in this clause will entitle the proprietor to refuse to entertain the complaint, irrespective of the merits of the complaint.
- Sometimes things may go wrong. If you have a problem please tell the park reception straight away and, we will do all we can to resolve the matter to your satisfaction.
- If any problem with the accommodation or the park means that we have to cancel your booking, if we are at fault, we will refund payments made for the accommodation not yet provided to you.
- If we cannot resolve your complaint during your stay with us please contact us on firstname.lastname@example.org
- As a consumer, you have legal rights in relation to this agreement. Advice about those rights is available from Citizen’s Advice Bureau or Trading Standards. Nothing in these terms and conditions will affect these rights. How to contact us If you need to contact us about your holiday or in connection with these terms and conditions please call our team, email, or write to us at the relevant park address below:
Whalesborough Resort & Spa