Saunton Beach Villas – Terms and Conditions of Booking

1. DEFINITIONS 

1. When we use the words “writing” or “written” in these Terms, this will include email but does not include fax.
2. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.  
3. If any of these Terms conflict with any term contained within the Booking Reservation, or the Booking Summary, these Terms will take priority. 

2. OUR CONTRACT WITH YOU

1. Please ensure that you read these Terms carefully and check that the details of the Booking and within these Terms are complete and accurate before you submit the Booking Reservation.
2. These Terms will become binding between you and us once we issue you with the Booking Summary as set out in clause 4. These terms form a contractual agreement between you and us. For the avoidance of doubt, where a Booking Reservation has been made by a third party on behalf of the Lead Guest, the third party will not be a party to this agreement. The agreement shall be between us and the Lead Guest on these Terms. 
3. Once your Booking has been confirmed in accordance with clause 4.5, we agree to provide your Booking in accordance with these Terms. 
4. The Property is provided for holiday letting purpose only for the specified period as detailed in your Booking Summary. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us, and you will not be entitled to any:
   1. new tenancy; 
   2. the right to sub-let the Property in part of in whole; 
   3. assured short hold or tenancy; or 
   4. any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.  

3. CHANGES TO THESE TERMS AND CONDITIONS

1. We may revise these Terms from time to time if required due to changes in the law or regulatory requirements or if business needs dictate it.  
2. If we have to revise these Terms under clause 3.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect, or as much notice as possible where your Check-in Date is less than 14 days before the date of the change.   
3. You can choose to cancel the contract if you do not accept these changes and will be refunded any monies paid to date in full.  

4. CONFIRMATION OF YOUR BOOKING

1. Please take reasonable steps to ensure that the Property is suitable for your needs before submitting a Booking Reservation. 
2. The maximum number of people who can stay in the Property will be notified to you on the Website. 
3. In making a Booking Reservation you confirm that you are over the age of 18.  
4. When you submit a Booking Reservation, this does not mean we have accepted your Booking. We will confirm acceptance of your Booking by issuing a Booking Summary. We will not issue the Booking Summary until we have received payment of the Booking Deposit. Please review the Booking Summary carefully.  
5. If we are unable to supply you with the Property for your requested dates, we will inform you of this in writing and we will not process the Booking and no contract will be formed between us.  
6. We will send you directions to the Property in the Booking Summary, together with payment information and any other details.
7. If we believe that a Booking is unsuitable for any particular group, we will decline a Booking Reservation at our sole discretion.
8. You may not stay at the Property or on Site if:
   1. your entire Booking Party are under 18 years of age;
   2. you have previously been banned from the site; or
   3. you are a convicted sex offender.
9. The Property and Site are suitable for families and dogs, as further detailed within these Terms.

5. PRICES AND PAYMENTS

1. Your Booking is not confirmed, and no contract exists between us, until the Booking Deposit has been received by us and a Booking Summary has been issued. The Booking is subject to these Terms. 
2. Once you have paid the Booking Deposit, and received the Booking Summary, you will become liable for the Holiday Cost. The remaining balance of the Holiday Cost is due and payable from you to us by the Balance Due Date. 
3. If the Check-in Date is within 8 weeks of us receiving the Booking Reservation, or in other exceptional circumstances as confirmed by us, the full Holiday Cost is payable at the point of making the Booking Reservation. 
4. The Holiday Cost is the price for the full Property. The Holiday Cost will be the price as confirmed in the Booking Summary. There are no discounts available for reduced occupancy, nor will any refunds be given should the size of your Booking Party change for any reason.
5. We will only treat your Booking as final and confirmed upon our receipt of the full Holiday Cost from you. If the total Holiday Cost remains unpaid by the Balance Due date, we reserve the right to cancel the Booking. Our cancellation policy at clause 7 will apply. 
6. Payment is accepted by bank transfer, debit card and credit card. There are no charges applicable for these payment methods. We are not able to accommodate international bank transfers. We only accept payment via our online system as confirmed to you. We do not accept payment via telephone.

6. AMENDING YOUR BOOKING 

1. We will use reasonable endeavours to (but are not under any obligation to) accept any alterations you propose to your Booking.
2. If you wish to change the dates of your Booking or amend your Booking in any way, please contact us in writing via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any difference in price. 
3. Changes to your Booking will be subject to payment of the Amendment Fee. 

7. YOUR RIGHTS TO CANCEL AND OUR CANCELLATION POLICY

1. If you cancel your Booking (whether in advance in writing or by virtue of non-arrival) you liability for the Holiday Cost is dependent on the Property and period of notice that you give us, set out below:

2. If you have paid in full, a partial refund of the Holiday Cost may be provided depending on when you notify us of the request to cancel. If you have only paid a Booking Deposit or the Holiday Cost in part, you may be required to make further payments to cover your liability set out in the above table.  
3. We will confirm your cancellation with you in writing and notify you of any refund due to you, or payment due from you at that time.  
4. If you cancel your Booking, we will try and re-let the Property. If we are able to re-let the Property, we will be able to offer you a refund subject to any difference between the Holiday Cost and the re-let price and excluding the Amendment Fee and any additional charges which are non-refundable according to these Terms.
5. If you depart voluntarily from the Property before the Check-out Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation and will not be refundable.  
6. Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3 and you elect to cancel the Booking (except where we have been affected by an Event Outside of the Parties’ Control), you do not have to make any payment to us and we will refund any monies paid in full. 
7. We recommend that holiday insurance is taken out when making a booking even when payment is made in full. We do not provide our own holiday insurance cover, and any holiday insurance cover taken out via a third party will be governed by the third party’s terms and conditions. 

8. OUR RIGHTS TO CANCEL 

1. We may have to cancel a Booking before the Check-in Date due to an Event Outside of the Parties’ Control, unavailability of the Property, or the unavailability of key personnel or key materials without which we cannot provide the Booking. We will contact you promptly if this happens. 
2. We will, if possible and as soon as we reasonably can, offer you:
   1. alternative accommodation of a similar type, standard, location and price (if available); 
   2. different dates for the same Property; 
   3. a full refund; or 
   4. a Voucher equivalent to a full refund. 
3. We may cancel the Booking at any time with immediate effect by giving you written notice if you:
   1. do not pay us when you are supposed to; or 
   2. are in breach of these Terms in any other material way. 
4. The full extent of our liability is set out in clause 17.

9. VOUCHERS

1. The use of Vouchers is in accordance with our Gift Voucher Terms. 
2. Any Bookings paid for using a Voucher will be subject to these Terms.
3. In accordance with the Gift Voucher Terms, if you cancel a Booking that has been paid for with a Voucher, any refund due will be returned as a Voucher. For Bookings paid using a mix of a Voucher and other payment method, any refund due will be issued in the following priority order: Voucher first, then other payment method.

10. PERIOD OF HIRE

1. The Booking shall commence on the Check-in Date and terminate on the Check-out Date unless otherwise advised or agreed with us in writing. 
2. The Property will be available from 4pm on the Check-in Date. If you think you may arrive after 5pm on the Check-in Date, please let us know. If you do not tell us and the Property is not occupied by 10am on the day after the Check-in Date you agree that we will treat your Booking as cancelled and we will re-let the Property.
3. Departure time is no later than 10am on the Check-out Date. You agree to vacate the Property, including the removal of all belongings, by this time. If you are booking at the end of March or the end of October remember the operation of British Summer Time. We reserve the right to charge for all costs and expenses incurred in the event of late departure.

11. PARKING

1. We will require car registration details for your Booking Party at least one week before your Check-in Date. Failure to do so may result in a parking fee and/or parking fine being charged. 
2. We allow free parking on Site for one car per bedroom in the property: 4 berth = 2 cars, 6 berth = 3 cars, 8 berth = 4 cars. Additional cars and day visitors are subject to standard parking charges.
3. You will have access to Saunton Beach Car Park all day on your Check-in Date, and all day on your Check-out Date.
4. There is no electric vehicle charging facility at the Property or Site. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the Property (indoors or anywhere on the Property or Site). Information regarding the nearest public charging points will be made available where possible.
5. Motor homes are not permitted to park overnight on Site.

12. PETS

1. We welcome Permitted Pets and registered assistance animals at the Property. 
2. Where pets that are not permitted but have been brought with you for the Booking, we reserve the right to charge a Pet Charge or request immediate departure. 
3. Dangerous Dogs Act 1991. We are happy to accept dogs that are listed in the Dangerous Dogs Act 1991, provided that a valid certificate of exemption and a valid insurance certificate can be shown. Your dog must be neutered, fitted with a microchip and kept on a lead and muzzled at all times when in public, including the common areas of the Property. Non compliance with the Dangerous Dogs Act 1991 will result in your Booking Party being asked to leave without a refund and we reserve the right to contact the police if required. 
4. A Pet Charge will apply to a Booking that includes a Permitted Pet (other than assistance animals).  The Pet Charge is charged per Booking, not per Permitted Pet, and is calculated based on the duration of the Booking. 
5. You must ensure your Permitted Pets are kept on a lead under the control of a responsible adult at all times and wear a collar with an identity tag. You must clean up after your Permitted Pets or you may be charged.
6. Pets may be left unattended in the Property at the owners’ risk. Pets may not be left unattended on the beach or burrows. Pets are allowed to sit on bedding or seating; however, you must use throws/covers to protect it. We provide a maximum of 2 small blankets to cover the furniture – if you think you may need more throws/covers please bring your own. Owners are responsible for their pets at all times. If you fail to fully protect the Property, furniture, and contents, you will be charged for any damage or extra cleaning required.
7. Saunton Sands and Braunton Burrows are an Area of Natural Beauty (AONB) and a United Nations Educational, Scientific and Cultural Organisation (UNESCO) biosphere reserve. You agree to remove any pet belonging to you or your party we reasonably think is causing a nuisance on, or damage to, Saunton Beach Villas site, and to pay for any damage caused to the Property by your Permitted Pets.
8. We reserve the right to refuse admission or request immediate departure from the Property without refund to anyone who allows their Permitted Pet to be, in our sole discretion, a nuisance or danger to others. Permitted Pets must be kept under strict control in accordance with these Terms and any additional information and signage at the Property.  
9. You will be liable for any damage caused, or parasites introduced by, any animals brought with you for the Booking. 
10. We are not liable for any allergies that are affected as a result of pets present in previous occupancy.

13. DAMAGE TO THE PROPERTY

1. You shall take proper care of the Property and its contents during your Booking and you may receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at your Check-in Date.
2. You shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the Check-in Date, and shall leave the Property in the same state of cleanliness and general order in which it was found.
3. All damages and breakages caused to the Property and its contents, by you or any other member of your Booking Party, are your responsibility as the Lead Guest. The Property will be thoroughly checked by our housekeeping team however, if you notice any damages/breakages in your Property please notify reception immediately (and in any event within 24 hours of checking in).
4. If you or any member of your Booking Party cause any damages/breakages to the Property or its contents, please inform us via our reception before the end of your Booking. The cost of damages/breakages shall be payable upon demand.
5. If you fail to notify us of damages/breakages, or if extra cleaning is required, we reserve the right to charge you for the damage caused. We will invoice you for any outstanding charges. We reserve the right to refuse further Bookings where damage has occurred. For minor breakages we have provided an honesty envelope in the Property.

14. PROPERTY RULES

1. Dog friendly. The Property and Site is dog friendly, and you may bring Permitted Pets in accordance with clause 12. 
2. Visitors. Only the Booking Party are permitted to stay overnight in the Property, however you are welcome to have day visitors. For the avoidance of doubt, camping or use of a motor home overnight on Site is not permitted.  
3. Parties. No parties or events are permitted to be held without our prior approval. 
4. Smoking. No smoking is permitted inside the Property. Please observe signage and designated smoking areas on Site.   
5. Health and safety. For your safety, it is important that you and your Booking Party read and adhere to the important information provided at the Property and any signage in and around the Property.    
6. Children. The Property and Site is family friendly. You must ensure that all children are properly supervised by parents or guardians whenever you are at the Property and on the Site. You must ensure that at least one adult is amongst any Booking Party occupying the Property.
7. Behaviour. You recognise our holidays are primarily for families and you must ensure your behaviour and that of your Booking Party is appropriate and is not unduly noisy, offensive or likely to cause any harm to other guests, staff or property at the Site. If in our reasonable opinion your behaviour or that of your Booking Party is illegal, offensive, disruptive or inappropriate we will ask you to leave the Property. In these circumstances we will not give you a refund.
8. Right of access. We, our representatives, and any third-party contracts, shall be allowed access to the Property at any reasonable time during the Booking.
9. Personal possessions. You are responsible for your personal possessions in the Property and we are not liable for any loss or damage to these.
10. Linen. We provide all adult bed linen, tea towels, a hand towel & a bath-mat. We do not provide cot linen or any other towels so please bring your own.

15. COMPLAINT

1. In the event of there being cause for complaint concerning the Property, the matter shall be taken up with us at once either by contacting:
   1. the on Site reception during opening hours; 
   2. when the on Site reception is closed, via the Contact Details; or 
   3. outside of Business Days, via the emergency contact number provided at the Property or the beach shop on Site. 
2. Any complaints about the Property, including complaints concerning any defects, broken appliances or cleaning standards, must be made to us, in accordance with clause 15.1, within 24 hours of arrival on the Check-in Date so that remedial action can be taken if necessary. After this 24 hour period, you will be deemed to have accepted the condition of the Property.
3. If you have a complaint during your Booking, it is important that you notify us immediately and in accordance with clause 15.1, so that an on-the-spot investigation can be made if necessary and remedial action taken if required.
4. In no circumstances will compensation be considered for complaints raised after the Check-out Date, if you have denied us the opportunity of investigating the complaint and endeavouring to remedy matters during the Booking.

16. THE WEBSITE AND ADVERTISING INFORMATION  

1. We take reasonable care to ensure the accuracy of information regarding the Property, the locality and local amenity details. You should check the details regarding local amenities, including opening times, ahead of visiting. Whilst we take reasonable care to ensure accuracy, we make no guarantee of the same.     
2. All illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website. 
3. Any recommendations made by us are our personal recommendations only and do not guarantee any level of service of quality.  

17. THE PARTIES’ LIABILITY 

1. No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law. 
2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs. 
3. We only supply the Property for domestic and private use for the duration of your Booking. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

18. EVENTS OUTSIDE OF THE PARTIES’ CONTROL  

1. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
2. An Event Outside of the Parties Control includes, but is not limited to:
   1. acts of God, flood, drought, earthquakes or other natural disaster; 
   2. epidemic or pandemic; 
   3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; 
   4. nuclear, chemical or biological contamination or sonic boom; 
   5. any law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibitions; 
   6. collapse of buildings, fire, explosion or accident; 
   7. any labour or trade dispute, strikes, industrial action or lockout; 
   8. construction, building works, engineering works, utilities interruption or other civil engineering activity conducted by a third party;
   9. non-performance by suppliers or subcontractors; and
   10. interruption or failure of utility service.  
3. As a result of an Event Outside of the Parties Control, we reserve the right to issue specific terms at such time via the Website and will communicate this to you via the contact details provided to us. 
4. Should an Event Outside of the Parties Control occur which means the Property cannot be provided to you, we will let you know as soon as possible and clause 8.2 will apply. 

19. DATA PROTECTION TERMS

1. All personal data you provide us will be treated in accordance with our Privacy Policy.

20. OTHER IMPORTANT TERMS 

1. We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms 
2. Except for you and us, no other person shall have any rights to enforce any of these Terms. 
3. Each of the paragraphs of these Terms operates separately. Should any of the terms of this agreement be officially declared void or unenforceable, all other parts of this agreement will remain in full force and effect, where possible.
4. If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.  
5. These Terms replace and supersede all previous booking conditions and will apply to all new Bookings after the date they are posted on our Website.  
6. This agreement is subject to English law and the courts of England and Wales have exclusive jurisdiction.