Terms and Conditions for Endless Summer Beach House
These are the terms and conditions of a booking between you, the visitor, (“you”), and the owners of Endless Summer Beach House (“us/we”).
1.1 Endless Summer is available in Low Season as a 2 bedroom, 1 shower room, ground floor only property with the first floor inaccessible to guests. If you have booked under this arrangement, the upstairs will be locked when you arrive and throughout your stay.
1.2 We reserve the right to decline a Booking, notwithstanding receipt of a Booking Form and payment, and payment will be returned to you within 7 days of our declining such booking. In considering whether to accept a Booking, it should be noted that Endless Summer has been designed to offer accommodation for family holidays and so our general Policy is to decline Bookings from same sex groups and groups where parties are largely comprised of people under the age of 21 years.
1.3 The lead guest whose name the booking is under must be over the age of 21 and be a member of the party occupying the property for the full duration of the holiday. The names and ages of all persons staying at the property during the booked period must be provided at the time of booking. This includes any newborns expected at the time of the holiday.
1.4 Additional criteria – bookings for Endless Summer will not be accepted from the following:
- Smokers wishing to smoke within the property (including e-cigarettes/vaping).
- Those wishing to bring any pets – for the comfort of our guests, we have a strict no pets policy at Endless Summer.
- Those intending to hold parties or events in the property or its gardens.
1.5 Bookings – your booking must be via our completed online Booking Form and payment of a deposit of 30% of the total holiday letting cost. To confirm the reservation, your deposit must be received within a period of 3 working days from receipt of your provisional booking confirmation, failing which, the reservation will lapse and the dates become available to others. Please note that completion of this form and its submission does not constitute a booking until (a) we have processed and cleared full payment of a deposit from you and (b) you have received a booking confirmation from us.
1.6 Confirmations – you will be sent a visitor booking confirmation, confirming the booking. The balance of your holiday letting cost must be received by us no later than 40 days before the beginning of your holiday. Final payments not received by this time will result in your booking being cancelled and our cancellation changes will apply (see 11.)
2. Occupying the property
2.1 Unless by prior agreement, Endless Summer will be available for occupation from 6 p.m. on the first day of your holiday and must be vacated by 10 a.m. on the last day of your holiday. Only those members of your party as named on the booking form may occupy the property during this period, and the property can only be used for holiday purposes. No one other than those on the Booking Confirmation form may sleep at the property during the period of your stay. You cannot sub-let the property or pass on your booking to other parties without prior agreement with us and we reserve the right to refuse admission to anyone who does not meet our criteria for booking, as set out in 1.1.
2.2 Behaviour – you and all members of your party agree:
- to keep the property clean and tidy;
- to ensure the property remains secure (doors/windows locked) when away;
- to leave the property in a similar condition as you found it when you arrived;
- to behave in a way at all times while at the property which does not break any law;
- not to behave in an anti-social manner, breach the peace or otherwise act in a way which may
- disrupt or affect the enjoyment of your neighbours;
- not to use the property for any illegal or commercial purpose;
- not to sublet the property or part thereof or otherwise allow anyone to stay.
2.3 Visitors – for the avoidance of doubt, friends and family are welcome to visit whilst you are staying, but at no time can the number of people in the property between 11pm and 7am on any day exceed the total amount of people we have stated the property ‘sleeps’ in our description. Failure to observe these rules will result in a serious breach of contract and may result in termination of your holiday (see Condition 9).
2.4 Owner access – in the interest of compliance with the above, or for essential maintenance or repair if required, the owner and/or their appointees reserve the right to visit and enter the property at any reasonable time.
2.5 Personal property – you agree to take all necessary steps to safeguard your personal property, which includes ensuring all doors and windows are locked when away from the property. No liability is accepted in respect of damage to or loss of such property.
2.6 Parking – as stated on our website, Endless Summer has sufficient offroad parking on its drive for 2 family cars. No parking is permitted off the driveway, on the verges outside the property or outside neighbouring properties. Visitors must use suitable parking locally. It is your responsibility to ensure that all guests park responsibly.
3. Security Deposit
3.1. You must leave the property clean and in good order as you found it. You will be responsible for any breakages or damage and these must be notified immediately to the owner using the contact details provided in your welcome pack. The owner shall be entitled to make an appropriate deduction from your deposit. In the event of major damage that cannot be covered by your deposit, the entire deposit will be deducted and the owner shall be entitled to claim for any additional costs, lost booking fees and charges occurring as a result.
4. Descriptions and changes
4.1 Every effort has been made to describe Endless Summer, it’s fixtures, fittings and facilities as accurately as possible. However, we cannot accept responsibility for errors or omissions on our website or literature provided. All details may be subject to change and modification due to ongoing maintenance, replacement and updating.
4.2 We cannot be held responsible for any failure or disruption to services outside of our control, including but not limited to disruption in electricity or gas supply, broadband outage/bandwidth issues, Satellite TV signal and telephone services. Failure of outside services does not constitute a right to a refund and if necessary you will need to claim on your Holiday Insurance for any inconvenience suffered as a result of a loss in services not within our control.
5. Complaints, difficulties and maintenance
5.1 We do hope you have a relaxing holiday at Endless Summer, but if you should need to contact us in order to complain or provide feedback:
- In the first instance, all complaints or feedback of any nature should be directed to the Owner and/or Property Manager. Our contact details can be found in your welcome Pack, along with contact details for the Property Manager.
- If possible, complaints or feedback should be provided BEFORE your departure from the Property, so that we or the Property Manager can make best and reasonable endeavours to resolve your complaint.
- A guest book has been provided for you to leave comments at the end of your stay. Please feel free to add your comments, but if you wish to make any complaints or adverse comments, we would appreciate it if you talk to us first to allow us the opportunity to address these with you. If you make an entry in the guest book, but wish to change it, please put a line through the content you wish to change. Please do not remove any pages from the book.
- Please allow the Owner 20 working days to investigate and resolve the matter with you by return correspondence. Note that it is completely at our discretion as to whether any recourse, financial or otherwise, is due to you and arising from your complaint.
6. Housekeeper Responsibilities:
6.1 Your housekeeper will prepare Endless Summer for your arrival. He can be contacted during reasonable hours throughout the period of your stay. If your need is urgent and he is not contactable or it is late, please contact us (the owners).
6.2 The housekeeper’s responsibility is to ensure that Endless Summer is maintained and equipped to the standard described on our website or in supporting literature at the property. Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that you contact us as soon as possible.
7. Unavailability of the property
7.1 Force Majeure -no liability can be accepted by us for any loss, damage, disappointment, inconvenience or injury caused, or where the performance or prompt performance of any obligations by us or the owner of the Holiday Property are prevented or affected by any event which could not have been reasonably foreseen or avoided, including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, disease, non-availability of transport services, interruption to services / utilities and all similar events outside our control.
7.2 In such circumstances we may be left with no option but to cancel a booking if the property becomes unavailable. If this happens we will refund to you any sums you have paid, but we shall not have any further liability to you. If this happens we will notify you as soon as we possibly can prior to your stay and we will provide a full credit to the value of your booking for use against payment for an alternative date at the property within a period of 12 months from the departure day of your original booking. If the value of the dates of your alternative booking is lower, a credit for the difference will be provided for use against a further booking, also valid for 12 months. If the value of the dates of your alternative booking is higher, the difference will be payable within our normal timescales for payment.
8. Our liability to you whilst at the property
8.1 We will not be liable for any loss or damage suffered by you or any member of your party or to your or their property, except where such loss or damage is due to our negligence. If we are found to be negligent, our liability to you will be limited to the loss or damage, which was a foreseeable result of such negligence.
8.2 Except in the case of death or personal injury resulting from our negligence, the total liability of us to you in respect of any breach of these Our Terms and Conditions or tort or other act or omission by us in connection with this contract shall be limited in the aggregate to the price agreed to be paid by you for the right to use the property for the period agreed.
9. Termination of your holiday
9.1 If you commit a serious breach of our Terms and Conditions, we will have the right to terminate your booking. If you are already at the property, we may require you to vacate it at once. A serious breach may include failure to comply with attendance criteria as set out in 1.1, exceeding, changing or sub-letting occupancy as set out in 2.1 and 2.3. or behavior as set out in 2.2.
9.2 In the unlikely event that we are contacted by neighboring properties, we will always try to act reasonably and will usually give a warning but if, in our reasonable judgment, you or your guests’ behaviour has made the possibility of your stay continuing untenable, you may be asked to leave immediately, no refund of the fees you have paid will be returnable to you.
10. Changing dates
10.1 Once dates of a booking have been confirmed in writing to you, they cannot normally be changed, and any alternative dates that could be offered would be subject to availability. Where an alternative date is available, but at a higher cost, any difference in cost would need to be met with immediate payment of the difference. Alternatively, you will have the option to cancel your booking; this will be subject to our cancellation charges as set out in 11.2 below.
11.1 All cancellations must be confirmed in writing or by email.
11.2 In the event of your cancellation of your holiday prior to your holiday commencing, the following charges will be applied.
|Number of days before the start of your stay that we receive your notice to cancel
14 days or less after booking confirmation
|Nil. Your deposit refunded by us*
|15 days after booking confirmation
|Full deposit retained
|56 to 30 days prior to holiday commencing
50% of the accommodation cost payable
|29 to 15 days prior to holiday commencing
|75% of accommodation cost payable
|14 to 8 days prior to holiday commencing
|90% of accommodation cost payable
7 days or less prior to holiday commencing
|Full accommodation cost payable
* Above does not apply where ‘last minute’ booking is made with less than 14 days prior to commencement. In such cases the whole cost is payable and not refundable in the event of cancellation.
11.3 Cutting short your stay – You are not eligible for any refund if you choose to cut short your stay/ leave before the end of your booking.
11.4 Reduced number of party – if one or more of your party is unable to stay, or their stay is cut short,
this will not affect the total cost of your booking.
11.5 As with any holiday, we strongly advise that you arrange suitable Holiday Cancellation Insurance and/or Holiday Insurance to ensure that everyone named in your booking group are covered in respect of death, accident, serious illness or other situations that may affect their holiday, such as summons for jury duty. Please be aware of the limitations of any policy you purchase.
11.6 In the event of a cancellation, the above charges will be applied, but we will make reasonable efforts to re-let the property (as we do with all cancellations) and if we succeed you will receive an appropriate refund. The refund will be the sum recovered by us through re-letting, less the Booking Deposit, plus other nominal fees such as payment transaction fees we have had to cover and a £50 administration fee. (Note: If due to short notice the holiday home is re-let at a discounted rate, your refund will be for the discounted rate at which the property was re-let, minus the aforementioned costs.)
11.7 However, if we are unsuccessful in re-letting, you will be liable for the full cost of the letting. In any event, the balance of any monies due must be paid to us ten weeks before the start of the holiday in the usual way, unless you have already been informed that your claim has been accepted by Insurers, or the property is re-let by us. If not, the balance will pursued through legal channels.
12. Lost property
12.1 We cannot accept responsibility for any items left behind in your accommodation after your holiday, however, in the event of items believed lost or left behind at property, in the first instance please contact us – do not return to the property. We will relay the details to the property manager and ask them to check during the changeover process. They are sometimes able to retrieve these during changeover time, however they will not disturb visitors for retrieval of goods.
12.2 Any unclaimed items found, particularly those of a perishable nature, will be disposed of after two weeks. Any left behind foodstuff, drink or toiletries will be disposed of immediately as part of the changeover process. Property managers will not be obliged to mail or deliver property left behind by you. If you wish to retrieve your goods you need to arrange a collection via courier after establishing a suitable time and address from the property manager.
13.1 When you book your holiday with us, we collect personal information such as your name, e-mail address, home address, telephone number, credit or debit card number and the card’s expiry date. This allows us to book the property for you. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest special offers. If at any stage you decide that you would rather not receive such information, please contact us by e-mail or post. Other than this, your details will not be shared with any commercial third party.
13.2 If any specific provision within this agreement is prohibited or becomes prohibited by law or judged by a UK court of law to be unlawful, void or unenforceable, the specific provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
13.3 The agreements between you and us are subject to English law and to the exclusive jurisdiction of the English courts.
13.4 It is not intended that any third party (other than us, the owners) should have the right to enforce any of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999. It is intended that we may enforce the terms and conditions contained in these Terms of Business against you.