Customer terms & conditions
Last updated 25th March 2019
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In these conditions the following definitions apply:
Accommodation: The property or hotel accommodation as confirmed by the Booking Confirmation, or any agreed change thereafter.
Activity: The activity as confirmed by the Booking Confirmation or any agreed change thereafter.
Parties: The Customer making the booking on behalf on their group and the property and/or Activity Management or owners.
Booking Confirmation: The description or specification of the Accommodation and/or Activities provided in writing by us to you.
Booking Request: Your request to purchase a particular Accommodation and/or Activities.
Contract: The Booking Confirmation together with these terms and conditions.
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: war; threat of war; riot; civil strife; actual or threatened terrorist activity; industrial dispute; natural or clear disaster; adverse weather conditions; fire and/or similar events outside our control.
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.
Services: The services supplied by us to you as set out in the Booking Confirmation.
"We" and "Us" Brighton Getaways Limited trading as Brightongetaways.com 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 firm who makes 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 the 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 other members of your party are aware of the Customer 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.
3.2 We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within five days 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 the final balance due date.
3.4 By accepting the Booking Request you acknowledge that you are confirming the total number of your group.
4.1 All bookings require full prepayment at time of booking. If cancelled by you, 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 or on the telephone can be made by Paypal, credit or debit card 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 £4.95 (£9.95 where bank holiday date is included) 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 booking Request you will pay a Security Deposit of between £0 and £500 calculated on the particular Arrangement that you book. The total amount of the deposit and the date by which payment of the deposit is required will be set out in the Booking Confirmation.
5.2 The cost of any damage or excess cleaning costs to the accommodation (including items within the accommodation) caused by you or any member of your party will be deducted from the damage deposit at the end of your stay plus reasonable admin 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.
5.4 At most of our properties have a noise alert device fitted, which measures noise levels in the property. These devices are used to ensure the comfort and security of neighbours, as most of our properties are in noise sensitive residential area’s. When noise reaches an unacceptable level in the property, the lead guest will be called or texted to advise that sound levels are too high, could be disturbing neighbours and must be reduced immediately. Should the noise level persist to be high, a member of Brighton Getaways, the landlord or security will visit the property to intervene at which point you will be in breach of this agreement, can be asked to leave the property immediately and lose any accommodation costs or security deposit held by brightongetaways.com.
5.5 If no deductions are to be made for damages/cleaning we aim to return the damage deposit to you 7 days after departure from the accommodation. 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 Confirmation 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 can not 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 will charge an administration fee of £50 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 in writing to: Brighton Getaways, Unit 1 Albert works, Conway Street, Brighton & Hove, BN3 3LW, UK. from the lead guest, for 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 other than hotels, will incur the following cancellation charges:
If you cancel with more than 31 days notification, before the first day of your stay, you will receive back any monies paid for Arrangements plus any damages deposit, less 30% cancellation fee. If you cancel 30 days or less prior to commencement you will receive back your Security Deposit but no other monies paid for Arrangements.
7.3 No refunds will be made or credit notes offered if you or any member of your group choose to leave early, choose not to participate or do not utilise any of the included services.
7.4 If you or anyone included within your booking cancels but the rest of the party does not cancel you may be able to transfer the place or places. Should such event occur you must write to us with full details of the cancelled places and provide the names and ages of their replacements. If the change can be made, you will pay an administration fee as set out in Clause 6.2 together with any extra costs that we incur as a result of the change.
7.5 Any replacement member of your group must agree to these Customer Terms and Conditions and the Booking Confirmation. The cancellation of the original attendee(s) and the re-booking of the replacement attendee(s) will not be finalised until confirmation in writing by us and all payment of additional costs and administration charges are received by you. Furthermore you will be liable for the whole balance if the monies have not been paid by the due date and your deposit may be forfeited in this case.
7.6 If you do cancel after changes have been made and further charges applied, you must still pay the further charges regardless of when you cancel.
8. CHANGES BY US
8.1 We use all reasonable endeavours to operate all arrangements 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 plan Arrangements in advance using independent suppliers including (but not limited to) venues, accommodation and activity suppliers over 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, activities, entertainment venues and substitute alternative arrangements of comparable value without compensation and we accept no liability for loss of enjoyment as a result of any such changes.
8.3 If we can not provide an activity or a substitute activity of comparable type we will offer a refund to the value of the cancelled activity.
8.4 If a change is known to us at the time the Booking Request is received, we will inform you before the booking is confirmed.
8.5 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..
8.6 A significant change includes but is not limited to the Accommodation no longer being available through 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.
8.7 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 the Arrangement 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 liable for any other loss that you may suffer as a result of the cancellation.
10. SPECIAL REQUESTS AND HEALTH PROBLEMS
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 can not guarantee that the special request will be met. Failure by us to meet any special request will not be a breach of contract. We can not 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 Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you and any member of your group have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you or any member of your party has a medical condition or disability that may affect your stay or the Activity that you book, please tell us in writing before your booking is confirmed. If we feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline the reservation. If you fail to provide full details of a medical condition at the time of submitting the booking request or if a medical condition develops after the booking request is submitted you must inform us as soon as reasonably possible and we reserve the right to cancel the booking under these circumstances. In such situation cancellation charges as set out in clause 7 will apply, and you will not be entitled to any compensation or loss suffered as a result of your failure to inform us of such condition. Please note that some of the Arrangements we feature are inherently dangerous and by booking these arrangements you accept the inherent risks.
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.
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 good will/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 damage to the property, reputation or good will of the Activity provider.
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 your 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 9pm and before 9am.
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 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 security deposit.
11.8 If you or any member of your group calls an emergency contractor, including for example an emergency locksmith, the cost (if not already paid by you) 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 £50 will be deducted from the security deposit per set of lost keys. If the Landlord of the accommodation has to replace the lock as a result of lost keys the costs of the replacement lock will be deducted from the deposit.
12 Only the 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 members of your group, we reserve the right to charge an additional fee, deductible from the deposit or payable by you if the security deposit is not sufficient to cover the cost.
12.1 You and your group members are expressly prohibited from holding any party both inside the accommodation and outside in any garden or external areas attached to the accommodation.
12.2 All of our properties are non-smoking and carry a minimum fine of £100 if you or a member of your group or third party has been smoking inside the Property.
12.3 You and the members of your group must adhere to any conditions of use and / or instructions given by the providers of the activity included within the booking and a breach may result in termination of the Activity, the booking or both. We will not refund the cost of the activity or the booking and we will not be liable for any cost or expense incurred by you or any member of your group as a result of the termination.
13. RIGHTS OF ENTRY
We reserve the right to enter the Accommodation at all reasonable times upon 24 hours notice or in the event of an emergency at any time without notice to view the condition of the property or carry out necessary repairs. We will endeavour to cause as little inconvenience as possible.
14. ARRIVALS AND LEAVING THE PROPERTY
14.1 The time of your arrival will be confirmed in the Booking Confirmation and the Accommodation Manager will arrange for your access to the property. Please call the Accommodation Manager on the number provided in the booking confirmation 30 minutes before you arrive at the accommodation.
14.2 For arrivals between 9pm and midnight there will be an extra charge of £50 payable. For arrivals after midnight and until 6am the following morning there will be an extra charge of £100 payable.
15.1 Nothing in these Customer Terms and Conditions excludes our liability for:
15.1.1 death or personal injury resulting from our negligence;
15.1.2 any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
15.2 Subject to clause 10.1 above we shall not be liable for:
15.2.1 loss of enjoyment;
15.2.2 loss of use;
15.2.3 loss of property; or
15.2.4 any special, indirect, consequential or pure economic loss, costs damages, expenses or charges.
15.3 If the contract that we have with you is not performed or is improperly performed by either us or our suppliers we will pay to you appropriate compensation if this has affected the enjoyment of your booking arrangements. However we will not be liable where the failure in the performance of the contract is due to:
15.3.1 You, a member of your group or any third party unconnected to the contract which is unforeseeable or unavoidable;
15.3.2 Force majeure, as referred to at clause 9 above.
15.4 Our liability, except in cases involving death or personal injury as a result of our negligence, shall be limited to a maximum of the cost per person of the Arrangement, per person affected.
15.5 Subject to Clause 15.1,where you or a member of your group suffers death, illness or personal injury as a result of an Activity booked with us we do not accept liability if:
15.5.1 we or the providers of the activity are not at fault; or
15.5.2 The cause was yours, a member of your group or an unconnected third party’s fault; or
15.5.3 the fault was due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall
15.6 Subject to Clause 15.1, our liability will also be limited in accordance with and/or in an identical manner to:
15.6.1 the contractual terms of the companies that provide the activates that are incorporated into and form part of your contract with us; and
15.6.2 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.
15.7 We have the benefit of any limitation of compensation contained in any conventions the terms of which are implied in to the Contract with us.
15.8 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
15.9 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.
16.1 It is your responsibility to make sure that you have suitable insurance in place. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place.
16.2 If you or any member of your group participates in activities including the booked activity and any activities arranged independently of us organised and arranged independently of us this will be at the individual’s own risk and it is your and your group members’ responsibility to ensure that such activities are covered by their insurance policy.
17.1 In the unlikely event that you have any reason to complain or if you experience any problems with your stay you or the group member effected must contact us immediately by telephone and this should be followed up in writing within 24 hours.
17.2 If you fail to notify us immediately of a complaint or problem and only inform us after departure no refund will be made. If you make a complaint or report a problem part way through your stay the complaint will be addressed as of the date that the complaint is notified to us in writing.
17.3 We will endeavour to respond to all complaints and problems as soon as possible and you and the members of your group will 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 and you will not be entitled to any refund or compensation.
17.4 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.
17.5 If you have a complaint you must write to us within a reasonable period of your departure. A reasonable period is usually 28 days.
17.6 We cannot be held responsible if you receive a parking fine or wheel clamp 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 at the time of booking and then parking charges subsequently have changed upon your arrival.
17.7 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.
18. THIRD PARTY RIGHTS
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
20. NO WAIVER
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.
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, stay or Activity will be subject to the jurisdiction of the courts of England and Wales.