Hell Bay Hotel Terms and Conditions of Booking
Please ensure you read the below in full as all bookings are subject to these booking conditions. If you have any queries, you can contact us on +44 (0)1720 422947 or firstname.lastname@example.org
TERMS & CONDITIONS OF BOOKING
1.1 In these terms and conditions “you” or “your” means the person named in the booking confirmation. “We”, “us”, “our” or “Hell Bay Hotel” means Hell Bay Hotel, part of Tresco Estate Partnership of The Island Office, Tresco, Isles of Scilly, TR24 0QQ.
1.2 These terms and conditions apply to all bookings made by you for accommodation provided by Hell Bay Hotel, whether directly or through any third party.
1.3 When you make a booking with us, you are deemed to have accepted these Booking Terms and Conditions.
1.4 We may accept or decline bookings entirely at our discretion.
1.5 These terms and conditions apply to our holiday accommodation.
2. Your Booking
2.1 Bookings can only be made by an adult aged at least 18 years old.
2.2 You, as the person making the booking, will be responsible for all members of your party throughout the stay and their adherence to these Booking Conditions.
2.3 We can only discuss your booking with you, unless you give us your express consent in writing to deal with another member of your party.
2.4 Your booking creates a licence to occupy the accommodation to which the booking relates for the purposes of your holiday and nothing in these terms and conditions shall create the relationship of landlord and tenant between us and You respectively.
3. The Booking Process
3.1 Most bookings are initiated over the telephone or online via email or our website.
3.2 If you wish to confirm a booking over the telephone, we will arrange to call you back to confirm your booking having directed you to our booking terms and conditions, a copy of which can be emailed to you at your request or found at https://www.hellbay.co.uk/booking-conditions. This is important as our terms and conditions form the basis of the contract between us for the accommodation rental.
3.3 At our discretion, we may hold a provisional booking for 24 hours at no charge to allow you to confirm your travel arrangements. If you do not confirm your booking and pay your Booking Deposit by the end of this period, the accommodation will be released for sale. We strongly recommend checking travel availability prior to confirming your booking with us.
3.4 Your booking confirmation, whether completed online, by email or over the telephone, is an offer to rent the accommodation for the dates specified in that booking confirmation.
3.5 For bookings made eight weeks or more in advance, a Booking Deposit of 30% is required to secure your booking.
3.6 The Booking Deposit is non-refundable.
3.7 The difference between the total amount payable for the accommodation and the Booking Deposit paid is referred to as the Balance.
3.8 The Balance must be received by us in cleared funds eight weeks prior to your arrival date.
3.9 For bookings made less than eight weeks in advance, the total amount payable is due at the time of booking. This is non-refundable, save as provided below.
3.10 Your booking is only accepted by us when we confirm in writing receipt of your Deposit or, in the case of bookings made less than eight weeks in advance, the total amount payable.
3.11 If you fail to pay the Balance within 14 days of its due date for payment (8 weeks before your arrival date) we will assume you wish to cancel your booking and the cancellation charges detailed in Section 6 below will be applied.
4.1 We strongly advise you to take out insurance:
4.1.1 to cover any cancellation of, change to, curtailment or delay in your holiday to Hell Bay Hotel or any other reason outside of our control which might have as its consequence an inability to holiday at Hell Bay Hotel in accordance with your booking; and
4.1.2 that you take this insurance out at the time of booking.
5. Pricing and Charges
5.1 Our current tariff for the different types of accommodation we have available from time to time is as set out on our website, alternatively you may prefer to telephone us on +44 (0)1720 422947.
5.2 We will confirm your pricing for your booking at the time of booking, it will also appear on our written confirmation of your booking.
5.3 We reserve the right to periodically adjust our tariff.
5.4 Whilst we do our best to ensure pricing is displayed correctly, if accommodation has been incorrectly priced, we reserve the right to charge the correct rate or give you the opportunity to cancel the booking, providing a full refund of monies paid but without further liability on our part.
5.5 All prices given include VAT. If the VAT rate changes after you have paid your deposit, additional or less VAT may be chargeable (as applicable to the rate change) and the Balance due eight weeks prior to your arrival date will be adjusted accordingly.
5.6 Accommodation pricing includes water, electricity and wi-fi. Telephone charges are payable in addition.
5.7 Promotional pricing and offers:
5.7.1 will only be applied if valid and quoted at the point of booking;
5.7.2 cannot be applied retrospectively to existing bookings;
5.7.3 can be amended or withdrawn at any time.
5.8 Hotel goods and services may be charged to your accommodation account. All bills must be settled in full before departure. You are responsible for charges applied by other members of your group.
5.9 You will be aware that we do not charge a cautionary damage deposit. Should any damage be done to the accommodation or hotel which is other than fair wear and tear, you will be billed for the full cost of replacement or repair.
5.10 Your payment card details will be securely encrypted and used for any payments due, including your deposit, balance and any items charged to your account during your stay.
6. If You Have to Cancel Your Booking
6.1 If you wish to cancel your booking you must let us know by email or in writing as soon as possible. Your booking will be cancelled with effect from the day we receive cancellation notice.
6.2 Our cancellation charges are set out below.
6.3 As set out above, Booking Deposits are non-refundable.
6.4 For all accommodation, once you have paid your Booking Deposit you are liable for the Balance as set out in our written confirmation of your booking, including in the event of cancellation.
6.5 Notwithstanding the above, if you have to cancel your booking, we will endeavour to secure another booking for the accommodation at the same price and if successful we will only charge you a £50 administration fee and refund the remainder of the monies you have paid. We will not be liable to make any refund to you if we are unable to secure another booking for the same dates as your booking.
6.6 Our cancellation charges are detailed below.
- Cancellation received more than 56 days prior to arrival date: 30% of the total booking (loss of deposit)
Cancellation received between 28 and 56 days prior to arrival date: 50% of the total booking
Cancellation received between 7 and 28 days prior to arrival date: 80% of the total booking
Cancellation received less than 7 days prior to arrival date: 100% of the total booking
7. If You Wish to Amend Your Booking
7.1 If you wish to amend your booking to different accommodation or a different date please contact us and we’ll do our best to assist. Whilst we will always endeavour to accommodate your change, we cannot guarantee this will be possible.
7.2 If you choose to amend your stay, your original booking will be cancelled and the provisions of clause 6 above will apply to your original booking whilst the booking process set out in clause 3 and terms applicable to pricing in clause 5 will apply to any new booking made.
8. If We Need to Change or Cancel Your Booking
8.1 We would not normally expect to have to cancel or change your booking, but sometimes we may be unable to provide the accommodation you have booked on your reserved dates this may become necessary due to any number of reasons including but not limited to:
8.1.1 An urgent need to perform essential works on the accommodation;
8.1.2 Unforeseen events beyond our reasonable control, including, but not limited to, weather, transport failure, drought, fire, explosion, storm, flood, earthquake, epidemic, pandemic, governmental guidance, natural disaster, subsidence, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private utilities.
Any inability to perform or delay in performing our obligations due to such events will not constitute a breach by us of these Booking Terms and Conditions.
8.2 If we change or cancel your booking pursuant to clause 8.1.1, we may attempt to find you suitable alternative accommodation, including in a different room or on a different date. If this is not possible – or you refuse the alternative offered – your booking will be cancelled and we will refund you all monies paid for the booking. We will not be liable for any damages or other losses or additional costs you may have incurred including, but not limited to, transport costs or the costs of any other accommodation whether on the islands or on the UK mainland.
8.3 If we change or cancel your booking pursuant to clause 8.1.2, we will do our best to offer you an alternative stay at such later date as determined by us, though we are under no obligation to do so. If no alternative is available – or if you refuse the alternative offered – the booking will be cancelled and no refund of any monies paid will be due.
9. Your Obligations
9.1 All accommodation is hired on the basis of a licence to occupy for holiday and leisure use only save to the extent we have agreed to accommodation being used for other purposes, for example corporate use or such other form of use or retreat as may be authorised by us from time to time.
9.2 You will not:
9.2.1 remain in the accommodation at the end of your booked stay;
9.2.2 sublet, whether for financial gain or otherwise;
9.2.3 use the accommodation for any dangerous, illegal, or immoral purpose or use any illegal substances or undertake any other activities that in our sole discretion may be offensive to others.
9.3 Smoking is not permitted in any of our accommodation, and for the purposes of these terms and conditions, smoking includes vaping and e-cigarettes.
9.4 You will be responsible for any damage or loss to the accommodation and its contents throughout your stay. For this reason it is extremely important that should you discover anything missing or damaged on arrival, you contact Reception immediately.
9.5 The accommodation must be kept clean and tidy and left in the same condition as when you arrived. Furniture should not be moved. If in our sole discretion, cleaning beyond what is usual on a changeover is required, we reserve the right to charge a reasonable fee for this service.
9.6 Dogs are only permitted in accommodation by prior arrangement and payment of a supplement. The supplement does not apply to assistance dogs, but we must be made aware of them at the point of booking. Other pets are not permitted.
9.7 You must not exceed the maximum occupancy of the accommodation, either inside the property or outside. For occupancy purposes, children under the age of two sleeping in a cot do not count towards the total number of occupants.
9.8 We may ask you to supply us with a list of names and ages of all members of your party. We will ask you to let us know of any changes to your guest list at any time during your stay and if requested will supply clean linen and towels for their use as well as any other housekeeping/cleaning services you may require. We may make a fair and reasonable charge to you for its supply.
9.9 There is no camping permitted anywhere at Hell Bay Hotel or on the Isles of Scilly outside designated campsites.
9.10 You must not cause any nuisance or annoyance to any neighbours or anyone else during your stay, or do anything that endangers the safety of our staff or other guests.
9.11 You must not light fires or use fireworks or Chinese lanterns at your accommodation or elsewhere on the island.
9.12 We may ask you to leave the accommodation and terminate our contract with immediate effect and without compensation, if we consider you or your party has committed a serious or persistent breach of these Booking Terms and Conditions including, but not limited to a failure to comply with your obligations as set out in this clause 9.
9.13 Hell Bay Hotel is a safe environment but the risk of theft, damage or loss of our guests’ personal possessions cannot be eliminated entirely. We strongly advise you against bringing valuable items to Hell Bay Hotel and cannot be liable to any guest for any loss, damage or injury suffered by our guests or to their property.
9.14 Hell Bay Hotel staff or contractors may need access to your accommodation to rectify any urgent or unforeseen problem, investigate any complaint you make, or to perform routine checks. We’ll do our best to let you know 24 hours in advance and to arrange this at a mutually agreeable time (other than in the event of an emergency or when an inability to gain access may result in a delay in attending to the routine check/problem/complaint which in all of the circumstances would be unreasonable).
9.15 Should you fail to give up possession at the end of your stay, or leave the accommodation in such condition that it is not suitable for occupation by another hirer, you will be liable for the published rates for the accommodation for the period that it is unavailable, and for any loss or damage we incur in finding alternative accommodation for or compensating (as the case may be) the incoming guests.
10. If You Encounter Any Issues During Your Stay
10.1 We do all we can to ensure your accommodation is of a high standard. If you have any problems during your stay, please allow us the opportunity to rectify the situation by contacting Reception as soon as possible. When dealing with any issues we will take into consideration whether we were given fair opportunity to resolve the difficulties.
10.2 Whilst we will do all within our power to ensure all facilities and services advertised are available during your stay, no refunds can be made and no compensation will be due if facilities or services have to be temporarily withdrawn or are changed for any reason.
10.3 Outside office hours, an out of hours contact telephone number is available for you to use outside of office hours in the event of a housekeeping emergency, The number is included in your guest information.
11. Limitation of Liability
11.1 Save for death or personal injury resulting from our negligence, Hell Bay Hotel will not liable to you or any member of your party for any costs, claims, damages or expenses , accident, injury, loss of profit, loss or use or corruption of data or information, or inconvenience whatsoever and howsoever caused suffered or incurred by you or any member of your party or any of your or their property during your stay at Hell Bay Hotel.
12. Entire Agreement
12.1 These Booking Terms and Conditions constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
12.2 Each of us acknowledges that in entering into this agreement, neither of us relies on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
12.3 We both agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Booking Terms and Conditions.
12.4 Nothing in this clause shall limit or exclude any liability for fraud.
13.1 A waiver of any right or remedy under these Booking Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.2 A failure or delay by a party to exercise any right or remedy provided under these Booking Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
13.3 No single or partial exercise of any right or remedy provided under these Booking Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other remedy.
14.1 If any provision or part-provision of these Booking Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
14.2 Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Booking Terms and Conditions.
15. Third-party rights
15.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Booking Terms and Conditions.
15.2 The rights of the parties to rescind or vary these Booking Terms and Conditions are not subject to the consent of any other person.
16. Data Protection & Privacy
16.2 If you wish to alter your communication preferences, please telephone +44(0)1720 422947, email email@example.com or write to: Hell Bay Hotel, Bryher, Isles of Scilly, TR23 0PR.
17. Governing Law
17.1 These Booking Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
18.1 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 these Booking Terms and Conditions or their subject matter or formation.
Bookings made before 4th June 2020
Bookings made prior to 4th June 2020 are subject to different terms and conditions, which are available to view here.
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