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Booking Terms

SEASPRAY WHITBY APARTMENT

 

Furnished Holiday Let Agreement

 

Please ensure you read and fully understand these booking terms and conditions. If anything is unclear, please contact us so we can explain in further detail to avoid any misunderstandings.

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Introduction and references

To make it easier to read these terms and conditions there are a number of further definitions which we use:

  • “Deposit” means a deposit of £50.

  • “Balance” means the difference between the Deposit and the total cost of the holiday.

  • “Due Date” The date 2 weeks before the start date ie arrival date of the holiday.

  • “Holidaymaker” means you and each person going on holiday with you on your booking;

  • “Owner” means Mandy and Dave Spenceley of xxxxxxxxxxxxxxx also referred to as “we” “us” “our” in these terms and conditions.

  • “Property” means SEASPRAY WHITBY APARTMENT Flat 4, 1-2 Langdale Terrace, Whitby YO21 3EE

  • “you” means the lead person making a booking through us.

  • “Arrival Date and time” The date of the start of the holiday at 4pm.

  • “Departure Date and time” The date of the end of the holiday at 10am.

 

When you make a booking you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully, particularly section 12 headed “Limitation of Liabilities and Legal”.

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1. Contract and Booking

Bookings cannot be accepted from persons under 18 years of age.

The Properties are meant to be used for the purposes of a holiday, and certain group bookings, including for stag and hen dos, are not allowed.

No booking is valid until confirmed by the Owner in writing (including by email).

Once a booking is confirmed it cannot be changed by you, unless agreed by the Owner.

A contract between you and the Owner detailed below will come into existence when payment is received, and a booking confirmation is issued showing the confirmed holiday dates. The contract binds the Holidaymaker all the members of their 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.

2. Booking Fees, Deposits, Balance Payments and Holiday Insurance

If you make a booking more than 2 weeks before the holiday date you will be required to pay a Deposit of £50 when making the booking and the Balance will be due no later than 2 weeks before the holiday is due to start.

If you make a booking within 2 weeks of the arrival date you will be required to pay for the holiday in full at the time of booking.

The owner reserves the right to cancel your holiday and re-let any holiday where any payment due is more than 7 days’ late. In these circumstances you will not be entitled to any refund.

The Deposit is non-refundable unless the Property is unavailable at the time of the holiday (please see section 3).

If the Balance is not received by the due date, then your holiday will be treated as a cancellation and the Holidaymaker will remain liable to pay the balance.

We strongly advise that you take out comprehensive travel insurance to cover cancellations. If you chose not to, then you accept responsibility for any loss that you may incur due to your cancellation.

3. Owner unable to make the Property available

If the Owner cannot make the Property available to you for your booking the Owner will arrange a refund of all amounts you have paid towards the accommodation cost. The Owner will not be responsible to pay any compensation or expenses as a consequence of such an event.

The Owner reserves the right to refuse a booking without giving any reason.

4. Guest Cancellations

If you cancel prior to the holiday arrival date you may be due a partial refund from the Owner.

The refund will depend on the amount of notice you give the Owner before the holiday start date.

If section 3 applies you will be entitled to a full refund of the accommodation costs from the Owner. In all other circumstances, the refund will be calculated as follows:

  • All cancellations must be notified in writing. If you cancel your holiday more than 9 weeks before it is due to start, then your deposit will be forfeit. If you cancel less than 9 weeks before the holiday, then the full balance remains due and is not refundable.

  • The Deposit is non-refundable in all circumstances when you cancel a holiday, unless section 3 applies.

If a refund is due the Owner will aim to return the applicable amount within 10 working days of cancellation.

5. Holidaymakers’ responsibilities

You will ensure that you and all Holidaymakers will:

  • Act responsibly and carefully whilst at the Property, abiding by the property specific House Rules as detailed below and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;

  • Report to the Owner any damage or breakages made during the holiday occupancy and pay for damage (wear and tear accepted);

  • Not smoke or vape at the Property nor allow anyone else to smoke or vape at the Property;

  • Not allow more than two adults over 18 years of age or pets to stay at the Property.

  • At all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker does anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;

  • Not enter the Property before the stated arrival date and time unless the Owner has provided a key box code earlier than 4pm, and will leave the Property before the stated departure date and time;

  • Treat people with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards an Owner, any member of their team, any member of the community in which the property is situated.

  • Not allow any parties or events of any kind.

  • Not to move furniture from one room to another.

  • Switch lights off when leaving the property, this is an Eco-friendly holiday home.

  • Not to take the towels provided to the beach.

  • In no circumstance relet or sublet the Property even free of charge.

  • Secure the Property (including all windows and doors) whenever leaving the Property.

The Owner will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. In serious cases, Holidaymakers may have to leave the Property early without any compensation or refund.

6. Owner’s responsibilities

The Owner will ensure that:

  • The Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;

  • Suitable arrangements are made for you to access the Property;

  • They will treat all Holidaymakers with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing towards any Holidaymaker at their Property;

  • They can be easily contacted (at reasonable times) or will provide you with an alternative first point of contact should you have any concerns or queries during your stay;

  • They, and the Property, comply with all applicable laws and regulations (including health and safety regulations); and

  • All Holidaymakers will have exclusive access to the Property for the duration of the holiday (although all Holidaymakers will allow the Owner or any representative, access to the Property if reasonably required).

However, the Owner will not be responsible, nor liable to you (or any Holidaymakers) for any events outside the Owner’s or our reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, wifi, temporary invasion of pests, temporary outage of electricity, gas, water internet connection, television service, building works at adjacent properties or to the main building 1-2 Langdale Terrace, Whitby YO21 3EE,  damage resulting from exceptional weather conditions or other unforeseeable circumstances, or the loss of any personal belongings or valuables owned by the Holidaymaker.

7. Pets

If any Holidaymaker has an allergy to dogs, please be aware that the Owners cannot guarantee that a dog has not stayed in the Property. The Owner cannot accept responsibility for any suffering which may occur as a result of such animals having been present in the Property.

Dogs or any other pets are not allowed in the Property or any communal area internally or externally to the main building known as 1-2 Langdale Terrace Whitby YO21 3EE.

If you break these terms, the Owner (including their representative) may notify you that you have broken these terms and may cancel the booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation.

8. VAT

VAT is not chargeable.

9. Literature and descriptions/amenities

The Owner has compiled the information on the Seaspray Facebook page and website www.seaspraywhitby.co.uk  as accurately as possible. However, facilities may be altered or withdrawn for reasons outside the Owner’s control, in which case the Owner cannot accept responsibility.

Please note that the provision of WIFI is subject to availability and network conditions. It may not be available 24 hours a day and is provided for leisure, not business, purposes.

There is not a suitable and safe place to charge electric vehicles.

This is an older period property, remember that much of its character and charm is due to its age. The Property is well over 100 years old please remember that should traditional property features such as steep stairs be a problem for any member of your party, you must consider this prior to booking.

Confirmation should be requested prior to booking if there is any particular detail or facility that is important to you. When you make a booking the Holidaymakers accept that minor differences between text/photographs/illustrations in the brochure and on the Facebook page and the actual Property may arise. We cannot accept responsibility should the Property not conform to a Holidaymaker's standards. Please note there is no washing machine and meals are not provided.

10. Complaints procedure

If you have any complaint concerning the Property, the matter should be taken up with the Owner. The Owner will do their best to resolve your complaint, where possible. It is important to raise any complaint while you are still at the Property as complaints raised after the departure date will not be considered by the Owner.

11. Communication with you and data

As part of a booking the Owner may introduce Holidaymakers to the goods and/or services of third parties. The Owner shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the relevant Holidaymaker.

All electronic data transferred pursuant to these terms and conditions remains the property of the Owner and may not be replicated in part or whole without the Owner’s prior written permission. Electronic data will not be preserved indefinitely by the Owner.

12. Limitation of Liabilities and Legal – Please pay particular attention to this section

The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions).

When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period of performance. You can see further details in the section “When you don’t get 14 days to cancel” on the citizen’s advice bureau website.

The Owner accepts no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property (although no guests of the Holidaymakers are permitted), or loss of or consequential loss or damage to their property, or for other matters over which we have no control.

If either you or the Owner fails to comply with these terms and conditions you or the Owner will be liable (only) for losses which are a foreseeable consequence of the failure to comply with the applicable terms. Losses are foreseeable where they were contemplated by you and the Owner at the time you made the booking.

Nothing in these terms and conditions will limit the Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Owner’s negligence or the negligence of our or their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.

13. Accidental Damage Deposit

It is a requirement when booking to pay an Accidental Damage Deposit of £100.

The Accidental Damage Deposit is due with the Balance and it will be cashed on receipt and held by the Owner to be applied against the reasonable costs of miscellaneous repairs to and/or replacement of and/or additional cleaning of furnishings, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of the booking by you or other Holidaymakers. The balance of the Accidental Damage Deposit will be returned to you within 10 working days of the departure date. Where such costs exceed the Accidental Damage Deposit you agree to pay such excess to the Owner promptly and in any event within 14 days of being notified.

14. House Rules

  • Please respect the neighbours and try to keep noise levels to a minimum, especially between 10 pm and 8 am.

  • Candles are not allowed inside the property.

  • Cooking kippers is not permitted in the property.

  • No smoking or vaping.

  • No pets

  • No parties

  • No more than 2 adults.

  • Check-out – 10.am on the day of departure. To keep our housekeeping safe please empty the bins and place in the outside bins to the rear of the property with the contents of the recycling bag being emptied into the recycling bin and the bag then placed in the general refuse bin.

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