BOOKING TERMS AND CONDITIONS

Last updated 16th December 2020


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1. DEFINITIONS

In these conditions the following definitions apply:

1.1 Accommodation: The property or alternative accommodation type as confirmed by the booking confirmation, or any agreed change thereafter.

1.2 Activity: The activity as confirmed by the booking confirmation or any agreed change thereafter.

1.3 Parties: The Customer making the booking on behalf on their group as the lead guest and the property and/or Activity Management or owners.

1.4 Booking Confirmation: The description or specification of the accommodation and/or Activities provided in writing by us to you.

1.5 Booking Request: Your request to purchase a particular accommodation and/or Activities.

1. 6 Contract: The booking confirmation together with these terms and conditions.

1.7 Force Majeure: Any event for which we and/or the provider of accommodation, and/or activity, could not, even with all due care, foresee or avoid. Such events may include but are not limited to: pandemics, war; threat of war; riot; civil strife; actual or threatened terrorist activity; industrial dispute; natural or clear disaster; adverse weather conditions; fire, flood, flight cancellations, major road closures and/or similar events outside our control.

1.8 Arrangements: The accommodation and/or activities, events, meals and other services of whatever description (or any combination of them) as applicable, booked through or arranged by us for you and confirmed in the booking confirmation or any agreed change thereafter.

1.9 Services: The services supplied by us to you as set out in the booking confirmation.

1.10 "We" and "Us" MY Getaways Limited trading as Brightongetaways.com, Brighton Getaways and mygetaways.co.uk, registered in England and Wales with company number 09726775, and located at Unit 1 Albert works, Conway Street, Brighton & Hove, BN3 3LW, UK. "You" and "Your": the person or representative of your company, who is responsible for making a booking with us.

 

2. BASIS OF CONTRACT

2.1 The booking request constitutes an offer by you to purchase accommodation and/or activities from us.

2.2 The booking request shall only be deemed to be accepted, when we issue a booking confirmation, at which point and on which date, the contract shall come into existence (commencement date). We may acknowledge the booking request prior to issuing the booking confirmation. Acknowledgement of the booking request does not confirm the booking.

2.3 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by, or on behalf of us which is not set out in the contract or the booking confirmation.

2.4 Any descriptions or illustrations contained on our website are published for the sole purpose of giving an approximate idea of the accommodation and activities available. They shall not form part of the contract or have any contractual force.

2.5 These conditions together with the booking confirmation apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6 If any of these conditions conflict with any term of the booking confirmation, the booking confirmation will take priority.

2.7 You warrant that for adult only bookings, all members of your party are over the age of 21 at time of travel and that you are responsible for ensuring that all other members of your party are aware of the customer booking terms and conditions and that they consent to you acting on their behalf in dealings with us.

 

3. MAKING A BOOKING

3.1 Please check your booking confirmation together with all other documents that we send to you, as soon as you receive them, and contact us immediately if there are any errors or omissions on the booking confirmation once booked it may not be possible to make changes and any changes may be subject to an administration fee up to £100+vat plus any additional costs associated with the amendment.

3.2 We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within 24 hours of its transmission.

3.3 Once the booking confirmation has been issued, you are responsible for ensuring that all monies due for the booking are paid on time as specified in the payment schedule in the booking confirmation. You assume all responsibility to settle the balance of the invoice for a confirmed booking before or on the final balance due date.

3.4 By accepting the booking request you acknowledge that you are confirming the total number of your group.

 

4. PAYMENTS

4.1 All bookings require payments as stated at time of booking. If cancelled by you for whatever reason, the cancellation charges set out in clause 7 will be payable by you.

4.2 We reserve the right to alter prices shown on any website at any time and we will inform you of any price changes prior to the issue of the booking confirmation.

4.3 The total price of your stay will be displayed at the time of booking, however this is subject to correction and we reserve the right to correct any errors as soon as we become aware of such an error.

4.4 Payments via our website can be made by either Paypal, bank transfer or 3D secure payment link, managed via our secure payment system, Stripe Pay. Credit card details are stored securely in compliance with PCI DCC conditions and customer details are not shared with any third party.

4.5 All prices are inclusive of value added tax or similar sales tax, where applicable.

4.6 A booking fee of up to £9.95 may be payable per person in your party. This fee covers minor incidental breakages (for instance, a single broken glass or lipstick on a individual towel), noise monitoring on behalf of property owners and administration costs to facilitate your booking, these charges will not be refunded under any circumstances.

 

5. SECURITY DEPOSIT

5.1 Upon request you may be required to pay a refundable damages deposit of between £0 and £500 calculated on the particular property that you book. We will advise you of the total amount of the deposit and the date by which payment of the deposit is required if applicable.

5.2 The cost of any damages, noise nuisance, security attendance or excess cleaning costs to the accommodation (including items within the accommodation) caused by you or any member of your group will be deducted from your damages deposit at the end of your stay plus reasonable administration costs. If a damage deposit is not taken in advance, you agree that we can charge an amount up to £500 from your credit/debit card, following your booking for any damage or nuisance caused plus reasonable admin costs.

5.3 If the damage deposit does not cover the total cost of damages or excess cleaning costs caused by you, you will be responsible for the payment of any additional sums whether caused by you, a member of your party or any third party during the period of your stay. The amount will be payable immediately after notification to you by us of the amount due and should for any reason we are unable to take payment for excess damages, we reserve the right to take legal action to recover our losses.

5.4 At most of our properties noise alert devices are fitted, which measure sound pressure levels in the property. These devices are used to ensure the comfort of our neighbours, as most of our properties are in noise sensitive residential areas. If noise reaches unacceptable levels in the property, the lead guest will be called and/or texted to advise that noise levels are too high, could be disturbing neighbours, and must be reduced immediately. Should the high noise level persist after this initial contact our 24 hour security will be called out to attend the property and the following charges will be levied against your damages deposit. £50+vat for first call out, £100+vat for second call out, £200+vat for third and final call out, where you maybe evicted.

5.5 If no deductions are to be made for damages, anti social behaviour or additional cleaning costs, we aim to return the damage deposit to you five days after departure. Please note if the damage deposit is transferred back onto a card it may take your bank a further 2-5 days working days to process the transaction.

 

6. CHANGES BY YOU

6.1 Should you wish to make any changes to your booking you must contact us by email as soon as possible. No change will be made unless confirmed in writing by us and payment of all additional costs notified to you for the change are paid by you.

6.2 While we will endeavour to assist, we cannot guarantee that we will be able to meet such requests and an amendment fee may be payable together with any other costs incurred by us. We may charge an administration fee of up to £100+vat for each change requested. Cancellation charges (as set out in clause 7) may also apply where changes are requested after the date by which final payment is due.

 

7. CANCELLATION BY YOU

7.1 Once a booking confirmation has been issued, cancellation requests must be made in writing to: MY Getaways Limited, Unit 1 Albert works, Conway Street, Brighton & Hove, BN3 3LW, UK or via email to hello@brightongetaways.com from the lead guest, who will be acting on behalf of the entire group. Cancellation charges will apply based on the date we receive written notification of cancellation of the whole booking.

7.2 All monies paid for accommodation will incur the following cancellation charges:

7.2.1 Standard rate policy: If you cancel more than 31 days, before the first day of your stay, you will receive back any monies paid for accommodation plus any damages deposit, less 30% cancellation fee. If you cancel 30 days or less prior to commencement you will receive back your damages deposit and any cleaning fee paid only.

7.2.2 No refunds will be made or credit notes offered if you or any member of your group choose to leave early or do not utilise any of the included services.

 

7.2.3 Non-refundable rate policy: If you cancel your booking any time after you book, you will receive back your damages deposit and any cleaning fee paid only.

7.2.4 No refunds will be made or credit notes offered if you or any member of your group choose to leave early or do not utilise any of the included services.

 

7.2.5 Flexible rate policy: If you cancel more two days before the first day of your stay, you will receive back all monies paid for accommodation and cleaning fee plus any damages deposit.

7.2.6 No refunds will be made or credit notes offered if you or any member of your group choose to leave early or do not utilise any of the included services.

7.2.7 Cancellations due to COVID-19 or any other pandemic If the local area where the property is located or your home location (we will require evidence of home location, ie. utility bill and driving licence with your name and address included) is forced to close due to government restrictions, we will offer you, as the lead guest, a credit note for use within the following 12 months, when booked direct or a change of dates, subject to availability. However, you will be liable for any additional difference in price, if applicable.

7.2.8 If you, as the lead guest, are requested to self-isolate by the NHS we will require evidence of this request and if we are satisfied that this is genuine, we will offer you, as the lead guest, a credit note for use within the following 12 months, when booked direct or a change of dates, subject to availability. However, you will be liable for any additional difference in price, if applicable. If any member of your group, other than the lead guest, are requested to self-isolate, we will not be liable for this eventuality, as they are not the lead guest or named on the booking. The booking will be subject to normal cancellation policies.

7.2.9 If you, as the lead guest, test positive during a pandemic we will require evidence of this, in the form of a copy of your NHS email or text message confirming your positive test result or a screenshot of your NHS test and trace App. We will offer you, as the lead guest, a credit note for use within the following 12 months, when booked direct or a change of dates, subject to availability, however, you will be liable for any additional difference in price, if applicable. If any member of your group, other than the lead guest test positive, we will not be liable for this eventuality, as they are not the lead guest or named on the booking. The booking will be subject to normal cancellation policies.

7.2.10 The lead guest is entirely responsible for who they choose to stay with as part of their pre-booked group. We are not obliged to record, hold or store guest information other than the lead guest. If any members of your group want to cancel due to any reason relating to a pandemic or their health, should you decide to cancel your booking, our normal cancellation policies will apply.

 

8. CHANGES BY US

8.1 We use all reasonable endeavours to provide accommodation as advertised and booked, however, you and your group members accept that occasionally it may prove necessary or advisable to vary or modify the confirmed booking.

8.2 We arrange accommodation occasionally from suppliers whom we have no direct control. On occasion minor changes may have to be made, we reserve the right at any time to cancel or change any of the facilities, services or prices, including but not limited to accommodation and substitute with alternative accommodation of comparable value without compensation and we accept no liability for loss of enjoyment as a result of any such changes.

8.3 If a change is known to us at the time the booking request is received, we will inform you before the booking is confirmed.

8.4 If a significant change becomes necessary after the booking confirmation has been issued is confirmed we will inform you as soon as reasonably possible. We will contact you to inform you of the change.

8.5 A significant change includes but is not limited to, accommodation, no longer being available as a result of events beyond our control. Should a significant change arise we will endeavour to offer you an alternative of equivalent or superior quality but if no alternative is available you will be entitled to a full refund. We will provide you with the details of suitable alternatives and you will inform us of your decision as soon as possible.

8.6 We will not be liable to pay any expenses, costs or losses incurred by you or your group members as a result of any change (whether significant or not).

 

9. CANCELLATION BY US

9.1 Very rarely we may be forced to amend or cancel an accommodation due to ‘force majeure’, health reasons or any other reason outside of our control that we may, at our absolute discretion, determine. This may occur before arrival or during your stay.

9.2 Should such an event occur prior to arrival you will be informed of the cancellation as soon a reasonably possible and offered a full refund of the monies paid to us or a credit to the same value of the monies paid to us to be used against another booking at a different time. We will not be liable for any other loss that you may suffer as a result of the cancellation.

 

10. SPECIAL REQUESTS

10.1 If you or any member of your group has a special request you must advise us at the time of submitting the booking request. We will consider the special request and endeavour to meet any reasonable requests however we cannot guarantee that the special request will be met. Failure by us to meet any special request will not be a breach of contract. We cannot accept any booking on condition that the special request is met. All bookings where a special request is made will be treated as standard bookings and these conditions will apply.

10.2 Occasionally and in specific properties we are able to accommodate some pets, but this must be advised at time of booking and prearranged with us. For accommodation of pets, you will be charged a premium and an enhanced cleaning fee to ensure that the property is suitable for guests with allergies, after your stay.

 

11. BEHAVIOUR

11.1 You and your group members should at all times during the term of your stay (the term of your booking being defined as the moment of arrival at the property to the moment of departure from the property) have consideration for other people and neighbours.

11.2 We are entitled to terminate the contract, with immediate effect, if in our opinion or the opinion of any person in authority, that you or any member of your group behaves in such a way as to cause or be likely to cause:

11.2.1 danger, upset, distress, death or injury to any third party; and/or

11.2.2 damage or make alterations to the accommodation or the contents of the accommodation in which you are staying including damage to the goodwill/reputation of the owner of the accommodation; and/or

11.2.3 damage to any other property not belonging to you; and/or

11.2.4 Engaging in the use or selling of illegal drugs or activities, including fraud and prostitution.

11.3 Should the booking be terminated for any of the above reasons you and members of your group will not be entitled to any refund, compensation or loss suffered as a result of the termination. We will not be responsible for you or any member of your group after the Contract is terminated and you will be liable to pay to us any costs that we incur as a result of yours or any member of your group’s behaviour.

11.4 You and your group members agree to be respectful of neighbours of the accommodation in which you are staying and agree to keep noise to a minimum level both inside and outside the accommodation particularly after 10pm and before 8am.

11.5 In the event that noise complaints are received you and/or the particular members of your group may be required to leave the accommodation and in this instance, we will have no further responsibility to you or your group members. We will not issue any refunds, pay any losses or expenses incurred as a result of your leaving the accommodation and we may retain some or all of the deposit.

11.6 You and your group members are expected to leave the accommodation in a tidy condition. You should ensure that any crockery, glassware and kitchen items used, are washed and put away and that all furniture is returned to its original place. Any additional excessive cleaning costs incurred by us as a result of your failure to leave the accommodation in a tidy condition will be deductible from the damages deposit.

11.7 Rubbish and personal items should be removed from the accommodation prior to departure and any costs incurred by us for disposal of excessive rubbish or unwanted personal items will be deducted from the damages deposit.

11.8 If you or any member of your group calls an emergency contractor, including for example an emergency locksmith, the cost, plus administration fees will be deducted from the deposit.

11.9 If you or any member of your group loses the keys to the accommodation a minimum charge of £100+vat will be deducted from the damages deposit per set of lost keys. If we have to replace the locks as a result of lost keys the costs of the replacement lock will also be deducted from the damages deposit.

11.10 Only pre-booked members of your group are permitted to stay in the accommodation and if you or any member of your group is found to have allowed people to stay in the accommodation in excess of the prebooked members of your group, we reserve the right to charge an additional fee, deductible from your damages deposit.

11.11 You and your group members are expressly prohibited from holding any parties both inside the accommodation and outside in any garden or external areas attached to the accommodation.

11.12 All of our properties are non-smoking and carry a minimum fine of £100+vat if you or a member of your group or third party has been smoking inside the Property.

 

12. RIGHTS OF ENTRY

12.1 We reserve the right to enter the accommodation at any time, without notice to view the condition of the property, damage limitation, ensure illegal activities are not being carried out or to carry out necessary emergency repairs. We will endeavour to cause as little inconvenience as possible, but will not be liable to compensate for any disturbance.

 

13. HEALTH AND SAFETY

13.1 It is your responsibility to follow all and any health and safety advice given by us, either via App, email, text message or phone calls and to follow and common-sense practices as you would at your own home to ensure a safe and comfortable stay. We will not be held liable for any injuries or accidents caused by the negligence by you or any of your pre-booked group during your stay. It is also your responsibility to follow any government guidance, not included in this contract, during your stay.

 

14. MARKETING

14.1 You agree to us contacting you before, during and after your booking, with information relating to your booking or stay and future offers from MY Getaways limited.

 

15. ARRIVALS AND LEAVING THE PROPERTY

15.1 The time of your arrival will be confirmed in the booking confirmation and the accommodation Manager will arrange for your access to the property or provide self-check in instructions.

 

16. LIABILITY

16.1 Nothing in these customer booking terms and conditions excludes our liability for:

16.1.1 Death or personal injury resulting from our negligence.

16.1.2 Any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.

16.2 Subject to clause 10.1 above we shall not be liable for:

16.2.1 loss of enjoyment;

16.2.2 loss of use;

16.2.3 loss of property; or

16.2.4 any special, indirect, consequential or pure economic loss, costs damages, expenses or charges.

16.3 Our liability, except in cases involving death or personal injury as a result of our negligence, shall be limited to a maximum cost of the accommodation.

16.4 Subject to clause 16.1, our liability will also be limited in accordance with and/or in an identical manner to:

16.5 any relevant international convention, including the Paris Convention in respect of the provision of accommodation, which limits the amount of compensation that you or a member of your group can claim, and which are incorporated into and form part of your contract with us.

16.6 We have the benefit of any limitation of compensation contained in any conventions the terms of which are implied in the contract with us.

16.7 The limitation of our liability in clause 10 inclusive is in addition to any other limitation of liability contained in these customer terms and conditions

16.8 These customer terms and conditions do not contain anything that affects any statutory rights that you may have under the relevant statute or statutory provision applicable within the governing jurisdiction.

 

17. TRAVEL INSURANCE

17.1 It is your responsibility to make sure that you have suitable travel insurance in place. We cannot be held responsible for any costs you incur as a result of failing to have suitable travel insurance in place.

 

18. COMPLAINTS

18.1 In the unlikely event that you have any reason to complain or if you experience any problems with your stay, please contact us immediately by telephone on +44 1273 917900, text +44 7428 469511 or email hello@brightongetaways.com

18.2 If you fail to notify us immediately of a complaint or problem and only inform us after departure, we will not consider any form of compensation. If you make a complaint or report a problem during your stay we will endeavour to rectify this problem within 24 hours of the report.

18.3 We will endeavour to respond to all complaints and problems as soon as possible and you and the members of your group agree to allow us every opportunity and the necessary time to resolve the problem or complaint. If an appliance, entertainment system, central heating system, bed or similar is not working, is damaged or fails during the stay and you are not responsible for the failure of the same, we will endeavour to provide you with a comparable replacement as soon as practically possible, and you will not be entitled to any refund or compensation.

18.4 If there is a problem with the accommodation you and your group members should not attempt to repair the problem but should contact us immediately.

18.5 If you have a complaint you must write to us within a reasonable period of your departure. A reasonable period is usually considered seven days.

18.6 We cannot be held responsible if you receive a parking fine due to parking in a restricted zone, not heeding to parking meters or parking in the wrong allocated space for a property. We are not responsible if you receive parking advice from us at the time of booking and then parking charges subsequently have changed upon your arrival.

18.7 Special events and festivals locally may be taking place during your visit. Brighton is a vibrant place with many events throughout the year. If you suffer inconvenience due to noise, traffic or any other inconvenience due to such an event or festival, we cannot be held responsible. It is your responsibility to ensure you know if any events are taking place during the time of your visit. The council approve local festivals, street parties and so on and we cannot be held responsible or move you if such an event takes place during your stay causing inconvenience or disturbance.

 

19. THIRD PARTY RIGHTS

19.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you as the lead guest and us. No other person shall have any rights to enforce any of its terms.

 

20. SEVERANCE

20.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

21. NO WAIVER

21.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

 

22. JURISDICTION

22.1 These terms and all matters arising out of it are governed by the laws of England and Wales. You agree with us that any dispute arising out of or connected with your booking will be subject to the jurisdiction of the courts of England and Wales.