BRIXHAM LODGES
Booking Terms &
Cancellations
In these Booking Conditions, ‘you’ and ‘your’ means all people named on our booking system (including anyone who is added or replaced at a later date). ‘We’, ‘us’ and ‘our’ means Brixham lodges. and ‘owner’ means the owner of the rental property.
Before booking with us, please read these Booking Conditions carefully and all the other information relevant to your booking, including:
Any specific conditions or restrictions or any other relevant information set out in the website description of your chosen property.
Any other written information we brought to your attention prior to confirming your booking.
Making your booking
All bookings depend on the property being available. You as the person in charge of the party (“the party leader”) must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these booking conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these booking conditions. You, as the party leader, are responsible for making all payments due to us.
As long as the property is available and we have received all the relevant payments from you, we will give you written confirmation (see below) as soon as reasonably possible. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking.
If you book with us online, we will acknowledge that we have received your booking and then send you confirmation by email. If you book by post or phone, we will send your confirmation to you by email unless you tell us at the time of booking that you would prefer it to be provided by post. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money that you have paid to us. In this case, neither we will have any legal responsibility to you. As soon as you receive your confirmation, you MUST check the details carefully. If anything is not correct, you should tell us immediately.
Even if we have sent a written confirmation, we have the right to cancel a booking where there are reasonable grounds to believe that (i) it is not legitimate (ii) you are likely to breach any of our booking conditions (iii) information supplied by you in relation to your booking is incorrect (iv) you have behaved in a vexatious, abusive or unlawful manner to owners, suppliers or to our staff. If we cancel your booking, we will tell you in writing.
Payment
When you book, you must pay the non returnable deposit of 50% of the total amount of the booking (plus any applicable booking fees) by debit or credit card. We only accept payment in pounds sterling. We must then receive the rest of the money owed no less than 4 weeks before the start of your stay. If you book less than 4 weeks before the start of your stay we must receive full payment of the total cost of your booking. When you make the booking. If you do not pay any payment due in relation to your booking by the appropriate date we are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of section 6b will apply. You may also need to pay additional charges.
Where applicable and except where otherwise advised or stated, all monies you pay to us for the accommodation (except for any insurance premiums, bookings fees and our commission) will be held by us.
Pricing
We keep the prices charged by us under constant review and the prices of unsold properties may be increased or reduced at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check the price and all other details of your chosen property at the time of booking.
All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made.
All prices are for the property as a whole and are not on a per person basis.
Brochure or website details
We aim to make sure that the information provided by us is presented accurately on our website and other promotional literature or material we produce and provide. It is intended to present a general idea of the property. Not all details of the relevant facilities can be included on our website. Furthermore, there may be some differences between the actual property and its description. This is usually because we are always aiming to improve services and facilities. No responsibility can be accepted for loss or impedance of views caused by the growth of shrubs, trees or hedges. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website and other promotional literature or material we produce, by our advisers or advertised elsewhere. We make reasonable efforts to make sure that information we give you about your property and its facilities or services, as well as advertised travel and other services, is accurate and complete on the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, unless this was caused by our negligence.
Where Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure not for business purposes. Bookings are not accepted if they are wholly reliant on the uninterrupted, unlimited provision of Wi-Fi. By using the Wi-Fi you agree to the fair use of it. No guarantee will be implied or given relating to any Wi-Fi, TV, audio or any other electronic equipment which may be susceptible to breakdown from time to time.
If you change or cancel your booking
If you want to change any detail of your confirmed booking, you MUST notify us at least 4 weeks before the start date of your booking. We are unable to consider change requests that are received less than 4 weeks before your booking starts. We must receive your request in writing by email. We may agree to accept verbal notification of your request over the telephone, but this should be arranged with us first. Whilst we will try to assist you with your request, we cannot guarantee that we will be able to meet your request. Where a change can be arranged, you may be asked to pay an administration fee of £90.00 plus vat for each change.
Full cancellations
If you have to, or want to cancel your booking, you must phone us on the number shown on your booking confirmation as soon as possible. The day we receive your notice by phone to cancel is the date on which we will cancel your booking.
1.1 Depending on your reason for cancellation, you may receive a refund of all or some of the money you have paid to us for your booking (apart from if it applies, any amendment charges you have already paid and your non-returnable deposit). We will also charge a cancellation administration fee of £90.00 (including VAT) for each week or part of a week per booking.
1.2 The conditions for getting a refund only apply if the reasons for cancellation applies to all members of your party. All prices are for the whole property and not on a per person basis.
1.3 To qualify for a refund as per clause 1.1, you must have one of the following reasons and you may be asked to send evidence:
1.3.1 Death.
1.3.2 Jury or witness service (in a court of law).
1.3.3 Illness or death of a close relative (a close relative is defined as a husband, wife, civil partner, son or daughter, son or daughter-in-law, parent, mother-in-law or father-in-law, grandparent, sister or brother or fiancé or fiancée).
1.3.4 Your home is damaged and cannot be lived in because of fire, storm, flood, subsidence or malicious damage.
1.3.5 The police have asked you to stay at home, following a burglary at your home or place of business, during the period of your holiday or within the seven days before this.
1.3.6 You are in HM Forces and are posted unexpectedly or have leave cancelled if you are in the police (unless you can recover the cost of the lost booking from another source) or
1.4 Please note that all of the above reasons MUST have arisen after you made your booking and MUST not have been within your knowledge at the time of your booking. This particularly applies to pre-existing illness.
1.5 You will not be eligible for a full refund if you cannot reach your holiday destination at all due to snow or flood conditions or as a result of being involved in an accident while on the way there.
1.6 We will ask you to fill in a booking cancellation form which may need signing by a medical practitioner or employer. In this case we may also need you to give us more information/evidence from other people (we will tell you at the time).
1.7 If your reasons for cancellation adhere to the conditions for cancellation above you may qualify for a refund, in this case you will be entitled to a refund of 50% of the cost of your booking less any booking fees, insurance premiums or cancellation charges plus any VAT that may be due provided that you cancel no less than 28 days prior to the start of your stay. Should you need to cancel more than 28 days prior to the start of your stay and your reasons for cancellation adhere to the conditions for cancellation above you will be entitled to a refund of the full amount paid less the non refundable deposit, any booking fees, insurance premiums or cancellation charges plus Vat .
1.8 The following reasons for cancellation do not qualify for a refund as set out above:
1.8.1 Suicide or attempted suicide;
1.8.2 deliberate self-injury;
1.8.3 the effect of alcohol or drugs;
1.8.4 or any other reason which is not specifically referred to above.
1.8.5 If you cancel your booking within 4 weeks of arrival we reserve the right to not refund you the full amount of your holiday and we strongly advise that you take out appropriate holiday insurance vision for your booking.
1.8.6 If you cancel your booking prior to 4 weeks of arrival and you have paid the full amount of the holiday, then we reserve the right to keep your non-refundable deposit plus a cancellation fee of £90.00. The remaining amount after these deductions have been made will be refunded to you.
18.7 If you cancel your booking prior to 4 weeks of arrival and you have paid only the deposit of the holiday, then we reserve the right to keep your non-refundable deposit plus a cancellation fee of £90.00. The remaining amount after these deduction have been made will be refunded to you.
1.8.8 We will charge £90 (including VAT) if you cancel the booking at any time.
Cancellations or changes by us or the owner
Neither us or the owners expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled or mistakes on the website or other details corrected. We and the owner have the right to do this. If we do, we, and on their behalf, will contact you (by phone if reasonably possible in the case of a significant change or cancellation – we will let you know about minor changes by post) as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change; however we will have no further liability to you.
Force Majeure: Events beyond our control
Unless we say otherwise in these booking conditions, we will be legally responsible either jointly or individually for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we could not, even with all due care avoid, including but not limited to:
Strike, lock-out or labour dispute;
Natural disaster;
Acts of terrorism, war, riot or civil commotion;
Malicious damage;
Government Lockdown;
Pandemic;
Illness or isolation or quarantine caused by Coronavirus/COVID-19 or any other virus;
Keeping to any law or governmental order, rule, regulation or direction including advice from the foreign office to leave or avoid a certain country;
Accident;
Breakdown of equipment or machinery;
Insolvency or bankruptcy of an owner;
Fire, flood, snow or storm;
Difficulty or increased cost in getting workers, goods or transport;
and other circumstances affecting the supply of the arrangements.
Our legal responsibilities to you
We can not be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the our control. If we know about a problem before you arrive, we will contact you to let you know.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps or boilers, nor for the failure of public utilities such as water, gas and electricity.
Please be aware that parking on any part of the site is at your own risk.
Insurance
We must strongly advise the guest to have the appropriate insurance cover against holiday cancellation to cover the points in section 7 (Force Majeure) above, also loss of property or illness should be covered. We cannot accept any responsibility for personal injury to guests or holidaymakers or for loss of property or for other matters over which we have no control.
Disabilities and medical problems
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you make your booking and give us full details in writing or by email as early as possible before you travel. If we feel unable to properly meet that person’s particular needs, we can refuse or cancel the reservation.
Your property
We set the following conditions on your stay at the property:
Arrival and departure: You can arrive at the property at any time after 2pm (unless we we have agreed with you otherwise) on the start date of your rental period. You must leave by 11am on the last day (unless we have agreed otherwise with you).
Security deposits: we require payment of a security deposit or a Good Housekeeping deposit. The amount, and details of how the payment should be made and how and when it will be returned (less any costs for breakages, damages etc. if applicable) will be provided at the time of booking.
Behaviour: You and all members of your party agree:
to keep the property clean and tidy;
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 anti-social manner, breach the peace or otherwise act in a way which may disrupt or affect the enjoyment of others;
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 in it who we have not previously accepted on behalf of the owner as a member of your party.
Maximum occupancy: You also must not allow more people than the property description states to stay overnight in the property. You cannot arrange for visitors to the property without the advance consent of the owner. You cannot significantly change the number of adults or children during your stay, (for example, if you book for two adults and two children, you cannot arrive with four adults and no children). You must not hold events (such as parties, celebrations or meetings) at the property without the advance consent of the us. If you do any of these things, we can refuse to hand over the property to you, or can repossess it. If we do this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking. And we or the owner will not be legally responsible to you as a result of this situation, (this will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation). We are not under any obligation to find any alternative accommodation for you.
Pets: Dogs are not allowed unless we say so on the website. If you bring a dog with you, it is not allowed in the bedrooms or on the sofas. You must not leave dogs unattended in the property, including any outside area, and you must keep dogs on a lead within the boundaries of the park at all times. Registered assistance dogs are allowed in most properties featured even if the property description says that pets are not allowed. If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in your chosen property, even if we do not accept pets in the property, nor can we accept any responsibility for any subsequent health reaction. It is your responsibility to make specific enquiries before booking as some property owners may take their own pets to a property.
No Smoking: all properties are no smoking (including E-cigarettes). You must not smoke or use E-cigarettes inside the property, or any area around the property where a “no smoking” sign is displayed.
We reserve the right to withhold your security deposit if there is a breech in any of the above mentioned points.
Damage
You are responsible for and agree to reimburse to the us all costs incurred by any breakage or damage in or to the property which is caused by you or any members of your party or any other persons invited into the property by you. or we can ask for an extra payment from you to cover any such costs.
We expect the property to be left in a good condition on departure. If in our or the housekeeper’s opinion, additional cleaning is required, you will be liable to us for the cost of this cleaning.
You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival please notify us immediately.
Right of Entry
We are allowed to enter the property (without letting you know first if this is not practical or possible) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if you break any of these booking conditions. We are allowed to enter the property to inspect it (including but not limited to where you have complained about the property). If this happens, you will be given reasonable notice first.
You agree to allow us, including workmen, access to the property as required by this clause.
Unreasonable behaviour
We can refuse to hand over their property if the unreasonable behavior of anyone in your party is likely to cause offence to other guests, to members of staff or to neighbours, or if we have reasonable cause to believe you or any member of your party will cause damage or loss to the property, its services or facilities. If this happens, the contract between you and us will end and you will not receive any refund and we will not have any further responsibility to you. If the unreasonable behaviour of anyone in your party (including anyone invited into the property by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where you or any member of your party (or anyone invited into the property by you) has broken or is likely to break any of these booking conditions. If this happens, you will have to leave the property immediately and no refund will be given. You may also be responsible for any costs to us as a result of your behavior as set out in clause 13.
We reserve the right to withhold your security deposit if there is any unreasonable behaviour as set out in clause 11.
Special requests
If you have any special requests, you must let us know when you make a booking and confirm them in writing. Although we will try to accommodate any reasonable requests we cannot guarantee that any request will be met. Confirmation that we have noted a special request, or of the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met.
Complaints
If you want to complain, wewill want to take action to sort your complaint as soon as possible. You should put any queries or concerns to us immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are told promptly. If you discuss the problem with us during your stay at the property, it can usually be sorted out straightaway. In particular, complaints which would only be temporary (for example, complaints on how the property has been prepared or the heating not working) cannot possibly be investigated unless registered during your stay. We will not accept liability or responsibility for problems that could easily have been rectified had we been informed of it during your stay.Governing law & Jurisdiction
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.