1.1 Beach Retreats is a trading name of Watergate Bay Hotel Ltd which is a limited company (registered in England with company number 03709185) whose registered address is Watergate Bay Hotel, Watergate Bay, Newquay, Cornwall TR8 4AA (“Beach Retreats”).
1.2 Beach Retreats do not hold any proprietary interest in the properties but merely act as agents for the owners of the property (“the Owner”). The letting arrangements are made by Beach Retreats on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
1.3 The booking is complete when you receive confirmation from Beach Retreats in writing (“Booking Confirmation”) at which stage you will deal with the Owner direct and in some cases representatives may be appointed to act as agents on behalf of the Owner (“Appointed Agent”). Beach Retreats will provide you with contact details for the Owner or its Appointed Agent and will pass your contact details to the Owner or its Appointed Agent when the booking is complete.
2 Making a booking
2.1 Bookings may be made by telephone on 01637 861005 or via the Beach Retreats website at www.beachretreats.co.uk.
2.2 Beach Retreats may request details of all persons in your party including names and ages. If requested, this information must be provided in writing within fourteen days and prior to the first day of letting. This information may be required by the Owner or Appointed Agent for insurance purposes.
2.3 A booking is complete once you have received confirmation from Beach Retreats in writing (“Booking Confirmation”). The Booking Confirmation will contain contact details for the Owner or its Appointed Agent.
2.4 Hen or stag parties are not permitted in any of the properties unless agreed with the Owner or its Appointed Agent prior to booking.
3.1 A booking, whether by telephone, post or via the Beach Retreats website, must be accompanied by a deposit.
3.2 If a booking is made eight weeks or more before the letting is due to start you must pay a deposit equal to the sum of one-third of the letting fee.
3.3 If a booking is made less than eight weeks before the letting is due to start, the full letting fee plus any cautionary deposit, if required by the Owner or Appointed Agent, (“the Cautionary Deposit”) plus any additional charges, must be paid by you at the time of booking.
4 Final Payment
4.1 Payment of the balance of the letting fee plus any Cautionary Deposit plus any additional charges due to Beach Retreats must be paid to Beach Retreats eight weeks before the letting is due to start (“the Due Date”).
4.2 Non-payment by the Due Date may be treated as a cancellation.
4.3 Beach Retreats do not and shall not be responsible for sending reminders of the Due Date.
5 Changing a Booking
5.1 Once a booking has been accepted and confirmed by Beach Retreats the booking can only be changed with the written agreement of Beach Retreats.
5.2 Where Beach Retreats agree to the change in the dates of the letting an administration fee of £30.00 must be paid by you.
6.1 If you wish to cancel the letting you must notify Beach Retreats in writing (“Cancellation Notice”).
6.2 A booking can only be cancelled prior to the start of the letting.
6.3 In the event that a cancellation is made then a cancellation charge is payable depending on the number of days before the letting start date the Cancellation Notice is received by Beach Retreats. The amount payable is set out in the table below. Bookings include a £16 booking fee which is non-refundable.
|Number of days before letting start date that notification is received||Cancellation Charge (as percentage of the total cost of the letting)|
|0 – 13 days||100%|
|14 – 27 days||75%|
|28 – 55 days||60%|
|56 days or more||The Deposit (33%)|
7 Duration and Times of Letting
7.1 Lettings are for a maximum of four weeks and commence at 4.30 pm on the first day of the letting and end at 10.00 am on the day of departure unless otherwise notified.
7.2 The period booked cannot be exceeded unless Beach Retreats give written approval. You will be liable for any cost of whatever nature incurred because of an unauthorised extension. If you wish to have a late departure, or extend your stay, please speak to the Beach Retreats reservations team no less than 48 hours before the due departure date and time. Late departures and extensions are subject to availability.
8 Your Obligations
(a) where a telephone is available for use at the property, to pay for all telephone charges incurred during a letting unless included in the letting fee;
(b) to vacate the property by 10am on the day of departure;
(c) to pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which for the avoidance of doubt means repairs that are decorative and wear out or come adrift in the course of reasonable use) which will be determined at the Owners or its Appointed Agents discretion;
(d) to inspect the inventory left at the property and report any discrepancies, or damage and faults in the property to Owner or its Appointed Agents within 24 hours of arrival. If no discrepancies, damage or faults are reported within this period, the property and inventory will be deemed to be correct and in full working order;
(e) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed. Should the Owner or Appointed Agent be dissatisfied with the condition of the property upon your departure, they may refuse to take a booking from you again. If you are excluded from a property then Beach Retreats have the right to refuse any more bookings from you at any property;
(f) to permit the Owners or Appointed Agents and Beach Retreats reasonable access to the property;
(g) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
(h) not to sell or transfer the booking to another party without the written agreement of Beach Retreats;
(i) not to exceed either the total number of people stipulated in the property description or the total number of people stated in the Booking Confirmation;
(j) not to have anyone other than those detailed at the time of booking and listed in the Booking Confirmation staying at the property;
(k) not to use a cot for a child over the age of 24 months;
(l) to respect the well-being of those occupants of adjoining or nearby properties and not to cause an annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Beach Retreats properties regarding your behaviour may result in the Owner or Appointed Agent or Beach Retreats requiring you to leave the property immediately without a refund of any monies paid by you.
9 The Cautionary Deposit
9.1 Where a Cautionary Deposit is required, this will be stated at the end of the property description as displayed on the website and in the brochure and confirmed in the Booking Confirmation . The Cautionary Deposit is non-interest bearing.
9.2 The Owner or Appointed Agent shall be entitled to deduct from the Cautionary Deposit the cost of remedying any breach of the obligations set out in clause 8 and shall be entitled to charge any additional amount where the Cautionary Deposit does not fully cover the cost of remedy.
9.3 The Cautionary Deposit is accepted by Beach Retreats as agent for the Owners.
9.4 All disputes are the responsibility of the Owner or Appointed Agent and will be dealt with direct between you and the Owner or its Appointed Agent. Beach Retreats cannot act on your behalf in any dispute between the Owner or Appointed Agent and yourself concerning it. Such disputes should be settled directly with the Owner or Appointed Agent.
9.5 Where no breach of obligations set out in clause 8 above has occurred, you will be refunded the whole amount of the Cautionary Deposit.
10 Non-availability of Property
10.1 If for any reason beyond Beach Retreats or the Owners’ or the Appointed Agents’ control the property is not available on the date booked, or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by you will be refunded in full and Beach Retreats may cancel the booking.
10.2 Where possible Beach Retreats will provide you with four weeks notice except in extraordinary circumstances.
10.3 If the notice period is less than four weeks Beach Retreats will endeavour to find you alternative accommodation or, at your request, refund to you any sums you have paid. You will have no further claim against Beach Retreats or the Owner or the Appointed Agent.
11 Price Changes
11.1 Beach Retreats has made all reasonable efforts to accurately describe the property in the information that we publish.
11.2 Beach Retreats cannot accept responsibility for errors contained in the information or any mis-description as a result of inaccurate information given to us by the Owner or Appointed Agent.
11.3 You acknowledge that minor differences may arise between that information given and the actual property itself.
11.4 Beach Retreats reserve the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate but such changes shall be notified to you as soon as possible.
11.5 You shall be at liberty to cancel the booking if the amended price is significantly higher than the original price quoted.
11.6 Subject to condition 11.4, any changes in the rate of VAT payable on the letting will be borne by you.
11.7 Clauses 10.1 – 11.6 inclusive are particularly pertinent in respect of any properties currently being built.
12.1 Subject to condition 12.2, Beach Retreats do not accept liability for any act, neglect or default on Beach Retreats’ part or the part of the Owners or Appointed Agent or any other person not within their employ or otherwise under their control, nor for any accident, loss, costs, expenses, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Beach Retreats, its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the letting. In addition, the Owner, Appointed Agent and Beach Retreats accept no liability for loss of or damage to your possessions on the Owners’ property or land.
12.2 Nothing in these conditions excludes or limits the liability of Beach Retreats or the Owners or the Appointed Agent:
(a) for death or personal injury caused by Beach Retreats’ or the Owners’ or the Appointed Agents’ negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Beach Retreats or the Owners or the Appointed Agent to exclude or attempt to exclude their liability; or
(d) for fraud or fraudulent misrepresentation.
12.3 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less any insurance or cancellation charges.
13.1 Pets are only permitted with the prior consent of Beach Retreats or the Owners or the Appointed Agent and where such pets are permitted, they are to be kept under control and exercised off the premises.
13.2 Pets are not permitted in the bedrooms or on the furniture and neither Beach Retreats nor the Owners not the Appointed Agents can accept responsibility for their safety. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet.
13.3 A weekly charge will be made for pets in the sum of £25 per pet per week, or part thereof, which is payable to Beach Retreats as agents for the Owner at the time of booking.
13.4 It is your responsibility to ensure your pets do not disturb those in adjoining properties or nearby and, on departing from the property, it is your responsibility to ensure that you have cleared up after your pets and that there is no trace of your pets having been at the property.
13.5 Where the description of a property states ‘regret no pets’ or otherwise restricts the keeping of pets at the property, Beach Retreats and/or the Owners/Appointed Agents cannot guarantee that there has been no pets previously kept at the property.
14 Method of Payment
14.1 Payments may be made by cheque (drawn from a UK bank only), credit card, or debit card.
14.2 Cheques should be made payable to ‘Beach Retreats’ and cash should always be sent by recorded delivery post. `
14.3 Post-dated cheques are not acceptable.
14.4 Any charges raised against Beach Retreats by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse Beach Retreats within seven days of receipt of notification from Beach Retreats. All payments by debit and credit card will not attract a surcharge. A £16 booking fee is applied to all bookings.
15 Overseas Bookings
Overseas applicants may pay by Sterling cheque drawn on a UK bank or by Mastercard or Visa in Sterling. Any charges for payments from overseas will be passed on to you.
Beach Retreats reserves the right to accept or refuse bookings in their absolute discretion.
17 The Holiday Letting
The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
18 Information published
Some of the information published by Beach Retreats relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside Beach Retreats’ control. If Beach Retreats is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes.
19.1 All complaints must be notified to the Owner or Appointed Agent as soon as reasonably practicable, as the Owner or Appointed Agent may be required to carry out on-the-spot investigation and if necessary, carry out remedial action.
19.2 If the complaint is not resolved by the Owner or Appointed Agent then the complaint must be notified to Beach Retreats who will attempt to resolve the problem. Beach Retreats may carry out on-the spot investigation.
19.2 If Beach Retreats or the Owners or the Appointed Agent were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reasonable reduction of any compensation payable to you arising out of such a complaint.
Linen and towels are changed between lettings and weekly during lettings.
Subject to clause 11 the price quoted will be the price inclusive of VAT where payable.
22 Breach of Contract
22.1 If there shall be a material breach of any of these conditions by you, the Owners, or the Appointed Agent Beach Retreats reserve the right to re-enter the property and terminate the letting.
22.2 If there shall be a material breach of any of these conditions by Beach Retreats, the Owners or the Appointed Agent, then you have the right to terminate the letting.
22.3 In the event that Beach Retreats is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you.
22.4 Termination of the letting pursuant to condition 22.1 and 22.2 does not affect that party’s other rights and remedies.
23 Governing Law and Jurisdiction
Any dispute between us will be governed by the exclusive law and jurisdiction of the English Courts.
24 Authority to Accept
The person who completes the booking and therefore accepts the terms of these booking conditions confirms that:
(a) he or she is authorised to agree the booking conditions on behalf of all persons included on the booking, including those substituted or added at a later date;
(b) he or she is over eighteen years of age and a member of the party intending to occupy the property; and
(c) he or she agrees to take responsibility for the party occupying the property.
25.1 In case of a discrepancy between these booking conditions and any other contents of a Beach Retreat conditions, these conditions shall prevail.
25.2 In the event of inconsistency between these booking conditions and any other information regarding the property, these booking conditions will prevail.
26 Data and Privacy
26.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. From time to time we may use other companies and individuals for the purposes of administration. Contractors will not be allowed to use your personal information for any other purpose than that which Beach Retreats may have instructed. Your identity will also be made available to the Owner or Appointed Agent. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to [email protected].
27 Validity Clause
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.