Terms and Conditions
WHITSTABLE SEASIDE LTD TERMS & CONDITIONS
1.1 “Whitstable Seaside Ltd” acts as an “Agent” on behalf of the Owner/s of the holiday accommodation (the Property Owner). Accordingly, any contract made is between the person making the booking (the Holiday Guest) and the Property Owner. A contract will be entered into, on the issue by the Agent, of a booking confirmation.
1.2 All conditions, articles and clauses within these terms and conditions are applicable to all Group Companies acting as an Agent issuing the booking confirmation as detailed below.
1.3 All financial transactions and notifications related to bookings however, will be processed through Whitstable Seaside Ltd who is responsible for processing funds and managing merchant gateways for subsidiary companies that contract Owners. Payment confirmations will reflect this.
1.4 In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as appropriate for the context. The “Owner” means the owner(s) of the property you book or wish to book through the Agent or other person(s) who is legally able to enter into a contract with you for the rental of the property in accordance with these booking conditions. “Owners” means all owners and other such persons whose properties (“properties” or “property”) are marketed by the Agent.
1.5 The Agent acts solely as agents for the Owners. When you make a booking for a property, you will enter into a contract with the Owner for the use of the property and any services which the Owner agrees to provide or arrange for you. The Owners have agreed that these booking conditions will form the basis of your contract with the Owner. Owners, however, reserve the right to vary or add to these conditions either generally or in relation to any particular booking. Where this is the case for your booking, we will advise you at the time of booking. References to “booking conditions” means these booking conditions are varied or added to by the Owner prior to confirmation of your booking.
1.6 These booking conditions also set out the basis on which The Agent advertises properties and accepts and administers bookings. They also set out our relationship with Owners more generally and our liability for the booking service we provide.
1.7 The Owner and the Agent reserve the right to refuse a booking without giving any reason.
1.8 Bookings are only available in relation to accommodation and do not include any flights, transport or transfers to the property. Accordingly, any contract is made between the person making the booking (the Holiday Guest) and the Property Owner. A contract will be entered into on the issuance of a booking confirmation by the Agent. The Agent works with various local management companies providing the Holiday Guest with a point of contact during their stay at the Accommodation.
2.1 All bookings are subject to these booking conditions (as varied or added to by the Owner). By asking us to make your booking with the Owner, the lead name confirms that he/she and all persons named on the booking have read, understand and agree to these booking conditions. The lead name must be at least 20, be a member of the party occupying the property and confirm he/she is authorised by you to make the booking on the basis of these booking conditions. Bookings cannot be accepted from parties of young people of less than 21 years of age. The lead name is responsible for making all payments due in respect of the booking. Booking conditions are available on our website and must be authorised and accepted prior to booking, by confirming acceptance in the booking process.
2.2 Deposit: A deposit of 30% of the total amount is required to secure a booking. This applies to all bookings. The booking is secured once the Agent successfully charges the nominated credit/debit card or receives the deposit funds by bank transfer. The remaining 70% of the outstanding balance will be due 6 weeks before arrival (balance payment dates will be provided to the Guest or shown on the website prior to booking or within the booking process). For bookings within the 6 weeks (or other pre-specified terms) prior to the arrival date, full payment is required at the time of the booking. The deposit can only be refunded as set out in these booking conditions.
2.3 Final Payment: The full balance of the total accommodation cost will be payable no later than 6 weeks prior to the date of arrival. If the full balance is not paid on time, the Agent will notify the Guest of this breach of contract and the Guest will have 5 working days to remedy the breach. If the breach is still not remedied, the Agent reserves the right to cancel the booking and re-let the property. All other terms & conditions within this document apply. All Payment by credit/debit card will be processed through the merchant partner trading name and Agent ‘Whitstable Seaside Ltd’.
2.4 The deposit payment may be made by credit or debit card, or bank transfer.
2.5 Once we have received your payment, we will confirm your booking with the Owner by issuing a confirmation booking form on behalf of the Owner. This booking form will be sent to the lead name. Please check this booking form carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
2.6 A binding contract between you and the Owner will come into existence upon dispatch of your booking confirmation.
2.7 Where the Holiday Guest has specific requirements, such as a property suitable for the disabled, the Agent will try to accommodate accordingly. Such requirements must be specified at the time of booking. If the Holiday Guest suffers from allergic reactions please take note that although certain Accommodations are advertised as NOT allowing pets, the Agent cannot guarantee that pets have never been in that Accommodation and cannot be held liable in such circumstances.
2.8 If the Holiday Guest wishes to make a change to their arrival or departure date after the booking confirmation has been issued, this is only possible subject to availability. Confirmation in writing must be received by the Agent before a revised booking confirmation can be issued. The Holiday Guest will not be able to select alternative Accommodation as this would be regarded as a Cancellation (see Cancellation Terms).
2.9 Each Booking will incorporate a Booking Fee of £30 and a Damage Waiver also of £30. This may vary from property to property and on a period of stay. The Damage Waiver is non refundable and covers accidental damage to the specified limits in Clause 15.
3.1 If the Holiday Guest has to cancel the Accommodation for any reason, immediate notification to the Agent is required. The cancellation is effective from the date the Agent receives the email/written notification. If the Holiday Guest cancels more than 6 weeks before their arrival date, they will receive a full refund.
If the Holiday Guest cancels with less than 6 weeks notice, and the Agent is able to re-book the Accommodation for the entire holiday period, then the Holiday Guest will only forfeit the booking fee. If the Agent does not succeed in re-booking the Accommodation, then the Holiday Guest will not receive a refund.
3.2 Comprehensive travel insurance that includes cancellation insurance is not a requirement of booking through us, although it is advisable. In the event that you need to cancel your holiday for reasons outside your control such as world pandemics, no refund will be made by the Owner but you may be able to submit a claim under your travel insurance policy. Many credit card providers offer free travel insurance when making purchases on their cards. Please note that often these policies offer a very basic level of cover and usually not cancellation cover or cover for damage to the property.
3.3 No refunds will be given for early departure.
4. ALTERNATIVE ACCOMMODATION
4.1 Occasionally, it may be necessary to make a change to the holiday arrangements for reasons such as withdrawal of a property from the Agent’s portfolio, flood damage, building maintenance or other unforeseen circumstance. In this event, the Agent will endeavour to offer an Accommodation of a comparable standard and price to the Holiday Guest. Should the only alternative property be of a higher price, the Agent reserves the right to charge the difference. The Holiday Guest has the right to decline the alternative Accommodation for whatever reason (e.g. price, unsuitability etc.) in which case the Agent will refund the full amount paid, but no other compensation would be payable. The liability of the Agent is limited to, and cannot exceed, the amount paid by the Holiday Guest.
5. RESPONSIBILITIES OF THE HOLIDAY GUEST
5.1 You must keep the property and all furniture, contents, fittings, facilities, equipment, grounds and any swimming pool in the same condition as at the commencement of the holiday, and in the same state of general order in which they were found. The Owner reserves the right to charge you for any extra cleaning, over and above the amount normally required on departure.
5.2 The parking of caravans/pitching of tents at the property is strictly forbidden.
5.3 Electricity/Gas/Oil/Internet (where provided) are included in the booking (unless specified on the website). Fuel for fires/stoves is not generally provided.
5.4 The Property Management Agent, their representatives and/or the Agent reserve the right to refuse admission or entry to the Accommodation to all or any persons, and may require all or any persons to leave the Accommodation, without refund, whom they consider to be in a material breach of these conditions. This includes persons who cause a nuisance or damage to holiday accommodation or conduct themselves in an offensive or disorderly manner. In such an event the Agent will not be liable for making any payment to the Holiday Guest and will retain all monies paid by the Holiday Guest.
6. NUMBER OF PEOPLE USING THE PROPERTY
6.1 Only the number of persons stated in the property description may use the property unless otherwise agreed in writing by the Owner. The maximum number of people, apart from infants in cots, allowed at the property may not be exceeded. The Owner has the right to terminate your rental without prior notice and without refund or compensation if the maximum number is exceeded.
7. ACCESS, ARRIVAL & DEPARTURE
7.1 The Owner or their representative must be allowed access to inspect the property prior to your departure. They also have a right to access the property during your stay to carry out urgent maintenance or repairs or in the event of an emergency. Gardeners, window cleaners and maintenance staff may enter the grounds during your stay.
7.2 Arrival is after 15:00 GMT
7.3 Most properties have key boxes for entry. If there is no key box available and you arrive after dark (without making arrangement to arrive late) you may not be able to gain access to the property until the following day, or if you arrive at the property at an unreasonable time without prior arrangement and access to the property is granted, a charge may be applied.
7.4 You must vacate the property by 10.00am GMT on the day of departure. You must comply with any procedure or requirements of the Owner applicable to your departure. In all cases, you are responsible for ensuring the property is left secure and for the safe custody of the keys.
7.5 If these times cause you difficulty, please advise us at the time of booking. We will pass on your request, but this cannot be guaranteed, nor will we be able to guarantee any changes requested after the booking has been made.
7.6 In general, most accommodations will have private or public parking available. However, Accommodation located in the centre of towns or in narrow and restricted streets, may be subject to chargeable parking.
8. LINEN & TOWELS
8.1 Linen and bath towels are included in the rental of the properties.
8.2 Cot linen is not provided (where cots are in provided in the Accommodation) so we recommend that you take your own cot linen for your baby’s comfort.
9. SWIMMING POOLS & GYMS
9.1 Outdoor swimming pools are not normally open all year round. If your rental period is outside July & August, please check with us that the pool will be open, filled and ready for use. Pools are not heated unless otherwise advised. The Owner and Agent cannot for low water temperatures any time in either indoor or outdoor pools. Please premises during their tenancy. and Agent cannot be responsible for low water temperatures at any time in either indoor or outdoor pools. Please check times and dates of use for all pools, indoors and out.
9.2 If pool heating is required, there may be an extra charge if available, which can be paid on booking or locally to the owner or his/her representative in some instances.
9.3 Please note that swimming pools carry their own inherent risks. Upon arrival at the property you must take time to familiarise yourselves with the location, layout and depths of any swimming pool(s) at the property. Please take note of any pool warning signs, depth markings (which may not be accurate) and other instructions for use, which may be displayed. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool. You are responsible for the safety of those using the pool at all times. Children must be properly supervised at all times whilst using or in the vicinity of any swimming pool. You should not enter the water if you have consumed alcohol.
9.4 You must ensure you are familiar with any pool protection in place. You are fully responsible for ensuring that the alarm/fence or cover is in place at all times when the pool is not in use.
9.5 Any gyms are used at your sole discretion and responsibility. Children under 16 are forbidden to enter and use a gym.
10. SOCIAL EVENTS & OTHER FUNCTIONS:
If you intend to organise a function (e.g. party, wedding, cocktail party) at the property, you must seek prior written permission from the Owner. Additional charges and/or an increased security deposit may be sought at the Owner’s discretion.
11. SECURITY & VALUABLES
11.1 Any valuables left at the property are left at your own risk. Neither we nor the Owner are responsible for any loss. When provided, burglar alarms must be activated, safes used and proper care be taken against theft and burglary. It is essential and your responsibility to ensure all doors, shutters and windows are closed and locked when leaving the property, or when by the poolside/in the grounds. No refund can be given should you decide to vacate the property as a consequence of a burglary. The property must be kept locked at night and when unattended. Failure to do so may result in invalidation of the property insurance and any losses or damage caused as a result of your failure to secure the property will be passed on to you in full. You are responsible for ensuring that the property is left secure on departure.
11.2 The Agent or its partners will notify guests of any lost property items left behind at the Accommodation on the day of departure. Items to be returned to Holiday Guests may be charged postage, payment of which can be made by credit card or debit card or by Bank Transfer. The Agent and its partners do not accept responsibility for returning any items and do not return any food or drink.
Dogs are only allowed in dog friendly accommodation. The Owner reserves the right to charge a supplement, and/or request an increase in the security deposit. If the particular dog(s) concerned has not been agreed by the Owner in advance, the Owner reserves the right, at his/her discretion, to request the dog be placed in kennels at your destination for the duration of your stay, or to terminate your rental of the property without refund or compensation.
13. PROPERTY COMPLAINTS
13.1 Your contract is with the Owner. In the event that you are disappointed with the property or have any other reason to complain, we will attempt to assist you if you cannot reach an acceptable resolution with the Owner. You must first contact the Owner or the Owner’s representative immediately and give him/her the opportunity to deal with your complaint. If you are unable to make contact or your complaint is not resolved to your reasonable satisfaction, you should then contact the person who is available to assist locally (whose details are shown on your travel documentation) and/or Agent in the UK who will liaise with the Owner to try to solve the problem.
13.2 Complaints received at the end of the holiday will not be accepted. If you vacate the property before your departure date without notifying the Owner and, if necessary, the person available to assist locally or our UK office, you deprive the Owner of the opportunity to attempt to rectify the problem. You will therefore forfeit your right to compensation.
13.3 If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing and provide these to us within 7 days of the end of your stay. We will forward your written complaint to the Owner and will within reason liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property that you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
14.1 We act only as agents for the Owner. We cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed, contracted or otherwise used by, the Owner. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners.
14.2 Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by the Owner or any third party used by the Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
14.3 The Owner and Agent cannot be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner’s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will endeavour to contact you to inform you of the disturbance.
14.4 The Owner and Agent cannot be held responsible for the breakdown of, or technical problems with, mechanical equipment such as pumps, boilers, swimming pool filtration systems or domestic equipment, nor for the failure or non- availability, for any period of time, of utilities such as water, gas and electricity.
14.5 The Owner and Agent cannot be held responsible for any event or circumstance which is beyond his/her/its control or for the consequences of any such event or circumstance including any resulting loss or damage.
14.6 Force Majeure: The Agent shall not be liable for changes, cancellations, or any other effect on the holiday, due to any event, which with all due care could not be foreseen or avoided.
15. ACCIDENTAL DAMAGE CHARGE AND SECURITY DEPOSITS
15.1 An accidental damage waiver charge of £30 is charged to Holiday Guests at the time of Booking. This is a fixed non-refundable amount and automatically added to your payment. This is paid with the rental fee to cover the risk of minor damage (which includes, for example, breakages and marking of furniture) (“damage”) being accidentally caused to the property or its contents by you during your holiday. Where the damage is covered by the charge, you will have nothing further to pay. However, the charge will not be refundable in the event that no damage occurs.
- Any damage must be reported as soon as it occurs to the Owner or property manager.
- Any additional cleaning which may be required is not covered.
- Only accidental damage is covered. You are expected to take reasonable care of the property and its contents. Damage which is caused deliberately, negligently or recklessly will not be covered. It is your responsibility to point out any pre-existing damage or missing items to the Owner or property manager at the beginning of your stay.
- Only damage caused by you will be covered and not that caused by any third party (for example, someone visiting you at the property).
15.2 The cost of utilities and/or other services used by you, and any additional cleaning will be charged to you.
We advise all members of the party to have comprehensive travel insurance which includes cancellation insurance. We do not check insurance policies; however we reserve the right to request written details (insurer’s name, policy number and emergency contact number) of your policy.
18 GOVERNING LAW & JURISDICTION
18.1 These booking conditions and all matters arising out of them are governed by English law.
18.2 Where you wish to make a claim against the Agent or have any dispute with the Agent in relation to any service provided by the Agent, we both agree this will be dealt with by the Courts of England and Wales only.
18.3. If any provision is invalid or unenforceable, the remaining provisions shall remain in force and effect. Any invalid or unenforceable provision shall be replaced by a valid provision, the effect of which is the closest possible to the intended purpose and effect of the invalid or unenforceable provision.
17. DATA PROTECTION
19.1 For the purposes of the Data Protection Act 2098 we are a data controller. In order to process your booking we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect your booking and any dietary restrictions which may, as a consequence, disclose your religious beliefs. We must pass on your personal details to the Owner and/or the Owner’s representative and, where applicable, your credit card Agent or bank. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Note: All our systems are PCI compliant and we do not store credit card details.
19.2 We have appropriate security measures in place to protect the personal details you give us. Where your holiday is to take place outside the European Economic Area, (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your holiday arrangements whether in the EEA or not.
19.3 We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e- mail) what details of yours are being held or processed, for what purpose and to whom they may have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly by the Data Protection Act 2098, we will only deal with the personal details you give us as set out above unless you agree otherwise.
18. PASSPORTS, VISAS, DOCUMENTATION & HEALTH REQUIREMENTS:
You are responsible for your travel and health documentation (passports, driving licences, vehicle registration documents, green card, motor insurance etc.). Neither we nor the Owners can accept liability if you are refused entry onto any transport or to any country due to failure on your part to carry correct documentation. If you are not a British citizen with a British passport, you must check passport and visa requirements with the embassy or consulate of any country you intend to travel through.
19. SNOW CONDITIONS:
Prevailing snow conditions are always unpredictable. No liability can be accepted by either us or the Owners in the event that snow conditions are unsuitable or insufficient for your chosen activities. You are responsible for making your own travel arrangements. In the event that you are unable to get to or use your property due to the weather, disruption to your booked transport arrangements, road conditions or any other reason which is outside the Owner’s control, no refunds will be made, expenses met or liability accepted by the Owner or the Agent.
All Accommodations are non-smoking. If there is evidence of smoking at the Accommodation, we will charge you £200 for extra cleaning costs incurred.
21. HELPFUL INFORMATION:
Every effort has been made to ensure that information on all websites is correct at the time of publication or at the time of inspection of the Accommodation and all this information and statements made by representatives or employees of the Agent are made in good faith and the Agent cannot be held liable for minor changes.
WHITSTABLE SEASIDE LTD Company number 08251419