WHITBY HOLIDAY HOME TERMS AND CONDITIONS

(for holidays booked directly with Whitby Holiday Home)

 

WHITBY HOLIDAY HOME TERMS AND CONDITIONS

 

In these terms and conditions the following terms have the following meanings:

'Accommodation' means your booked apartment as detailed in your booking summary, located in Whitby, North Yorkshire, UK;

'Agreement' means this agreement between Whitby Holiday Home and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;

'Booking Form' means the front page of this document above;

'Visitor' means the person named in the confirmation invoice.

 

1. Agreement

1.1.     The making of a booking (unless cancelled within 7 working days of receipt of the confirmation invoice) will form an agreement on the Terms and Conditions between the Visitor and Whitby Holiday Home for the holiday rental.

1.2.     Whitby Holiday Home permits the Visitor to occupy the Accommodation for the holiday period shown in the Booking Form together with the use of its contents.

1.3.     The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.

 

2. Booking and Payment Terms

2.1.     For bookings made 6 weeks or more in advance, the booking for a holiday will be effective when a deposit of at least 40% of the holiday price has been received by Whitby Holiday Home. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 working days. The full balance of the total holiday cost (including any increase made in accordance with this Agreement) will be payable not later than 6 weeks before the holiday begins.

2.2.     For bookings made for a holiday less than 6 weeks away, full payment must be made at the time of booking.

2.3.     The holiday price includes Value Added Tax ("VAT"). If rates of VAT change from that included in the holiday price, Whitby Holiday Home may amend prices accordingly.

2.4.     All payments can only be accepted in Pounds Sterling and should be by cheque or bank transfer as detailed on the Booking system.

2.5.     Whitby Holiday Home will charge a refundable damage deposit of £150.  Best efforts will be made to refund this to the Visitor within 10 days of their stay.

 

3. Cancellation

3.1.     All cancellations must be made in writing.  Please note that the following terms and charges will apply:

3.1.1.    Up to 45 days prior to arrival: The Visitor is liable for the booking deposit.

3.1.2.    45 days or less prior to arrival: The Visitor is liable for the full cost of the holiday.  If, however, Whitby Holiday Home is successful in re-letting the Accommodation for some or all of the same period they shall return the rent paid for the period which has been re-let, less any costs necessarily incurred to re-let the property e.g. advertising, administration.  No assurances can be offered that this will be so, therefore, holiday insurance is strongly recommended.

3.2.     If, following a booking, the full balance is not paid on time, Whitby Holiday Home shall notify the Visitor. If, after 10 days from the date on which full payment is due, full payment has not been received by Whitby Holiday Home, then it may cancel the holiday booking and the above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.

 

4. Whitby Holiday Home Right to Refuse/Alter

4.1.     Whitby Holiday Home may, at its discretion, refuse any booking.

4.2.     Whitby Holiday home may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary: (a) due to circumstances beyond the reasonable control of Whitby Holiday Home; or (b) to perform or complete essential remedial or refurbishment works.

4.3.     If a booking is altered or cancelled by Whitby Holiday Home due to circumstances beyond its reasonable control, it will take reasonable steps to offer a suitable alternative booking. If Whitby Holiday Home is not able to offer such an alternative or the Visitor does not accept the alternative offered, Whitby Holiday Home will return to the Visitor the relevant proportion of the money paid by the Visitor to Whitby Holiday Home in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.

 

5. Change of Booking

5.1.     Transferred bookings are not normally permitted e.g. a change in the Visitor or a transfer from one date to another. However, Whitby Holiday Home will accommodate requests where this is possible.  No refunds for price differences will be made.

 

6. Maximum Numbers of Visitors

6.1.     Occupation must be limited to a maximum of 4 adults/children, plus 1 baby.  To exceed the maximum number of persons in the apartment overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Agreement and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage.

 

7. Services

7.1.     The holiday price will include all charges for water and electricity.

 

8. Damage to property.

8.1.     You are responsible to Whitby Holiday Home for the actual costs of any breakage or damage in or to the Accommodation, along with any additional costs that may result, which are caused by you or your party.  These costs may be deducted from your refundable damage deposit, but are not limited to that amount. You may be billed for the difference between this and the actual cost of the repairs.

 

9. Accidents, injury and personal property.

9.1.     Whitby Holiday Home shall have no liability to you for the death or personal injury to you or any member of your party. You must take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property.

9.2.     Whitby Holiday Home cannot accept any liability for:  loss of, or damage, to any property brought onto the premises; cars, which are parked at owner's risk; noise, nuisance or disturbance resulting from building works, noisy neighbours or local events etc.; disruption of service from utility suppliers; closure of shops or amenities described in the property details.

 

10. Pets

10.1.   We regret that no pets are allowed. Our leasehold agreement does not allow for unregistered pets in the building and so pets in the Accommodation is considered to be a serious infringement of the Agreement and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused.

 

11. Visitor Obligations

11.1.   The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. The Visitor agrees to make his or her party aware of these terms and conditions.

11.2.   The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).

11.3.   The Visitor agrees to use the property and its contents in a safe and appropriate manner.

11.4.   The Visitor agrees to read instruction booklets before use of appliances.

11.5.   The Visitor agrees to keep the property secure and lock (where locks exist) all windows and doors whenever the property is left unoccupied and comply with security and safety precautions.

11.6.   The Visitor must allow Whitby Holiday Home and/or its representatives to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.

11.7.   The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to any neighbours.

11.8.   The Visitor not make any noise at the property which is audible from outside it between the hours of 10pm and 7am.

11.9.   The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.

11.10.Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.

11.11.The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted.

11.12.No washing must be hung up in patio areas or be visible through windows to other residents, due to restrictions within the property's leasehold agreement.

11.13.The Visitor agrees to use only the designated parking space specified in your apartment access details, sent to The Visitor prior to their stay.

 

12. Damages and Security Charge

12.1.   Whitby Holiday Home recommends that Visitors hold personal insurance for accidental damage and personal liability.

12.2.   An information folder is provided in the property with important information about the property and local services.  If missing, tenants must advise Whitby Holiday Home immediately.  The inventory included with the folder should be checked by tenants on arrival and any discrepancies reported immediately to Whitby Holiday Home.

12.3.   If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to Whitby Holiday Home immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.

 

13. Occupation

13.1.   The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor's party during the holiday period, and not for any other purpose or longer period.

 

14. Comments/Complaints

14.1.   Every effort has been made to ensure that you have an enjoyable and memorable holiday and to date we have had no serious complaints or problems. If however, you have any problem or cause for complaint it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you return.

 

15. Arrival and Departure Times

15.1.   The Visitor will be issued with a set of keys to the Accommodation prior to, or on the first day of the holiday period and the Visitor must return them on the last day of the holiday period or the date of departure, if earlier. Failure to return keys promptly will incur the cost of a replacement set, which can be as much as £50 for a secure set!

15.2.   Adherence to the Arrival and Departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being made for additional days.  Arrival time is after 16:00 hours (GMT or BST as appropriate) on the first day of the holiday and Departure time is before 10:00 hours on the last day of the holiday. Unfortunately, no access can be given prior to 16:00 hours due to the time needed to clean the Accommodation between bookings.

 

16. Governing Law

16.1. The construction, validity and performance of the Agreement shall be governed by the law of England, and both parties submit to the non-exclusive jurisdiction of the UK Courts.