Terms and Conditions

Torquay Holiday Lettings Ltd  - Booking Terms & Conditions

1. The Contract:

The contract is for a short term holiday rental (referred to below as “stay”, “holiday” or “let”)  between Torquay Holiday Lettings Ltd as agents of the owners (referred to below as  “the agent(s)” or “we”) of the apartments (referred to below as “the property” or “accommodation”) and Clients applying to book a property referred to below  as  “guest(s)” or “you”. The names, ages and addresses of all those who will be occupying the property during the period of booking must be specified prior to arrival.  Any contract is between the guest and the agents, who are responsible for providing the property to the guest in the appropriate condition. The party leader must be at least 18 years of age at the time of booking.

2.Booking Confirmation:

Bookings are not confirmed until written confirmation has been emailed to the guest by the agents and the deposit paid. The deposit will be equal to 30% of the booking value if booked more than 30 days in advance or 100% if the booking is made less than 30 days before the arrival date. The contract of hire does not become effective until the deposit has been processed. For bookings made over the phone, guests should make the deposit payment online through our secure portal within 3 hours otherwise the booking will be cancelled.
For guests booking via third party online travel agent sites, booking confirmations will be sent by those agents as per their terms.
 

3.Payments:

1. For direct bookings made more than 30 days from the arrival date, deposit payments are equal to 30% of the booking value and should be paid at the time of the booking when booked online or within 3 hours of the booking if booked via the telephone.
2. For direct bookings made less than 30 days from the arrival date, the full value of the booking is to be paid at the point of booking if made online or within 3 hours if booked via the telephone. When a telephone booking is for the same day arrival, payment must be immediate upon booking
3. Balance payments for bookings made more than 30 days before the arrival date will be due 30 days before that arrival date. We will send reminders 3 days before the due date. If the balance has not been paid more than 24 hours after the due date, we reserve the right to cancel the booking without refund.
4. Guests booking via third party online travel agent sites (such as Booking.com, VRBO etc) will be bound by their payment policies.

4.Cancellation:

Bookings placed before 18^th February 2021 are covered under a different set of terms and conditions. A copy of these is available by emailing [email protected].
For bookings placed after 18^th February 2021 the following terms & conditions now apply.

1. If Government restrictions mean that guests are not permitted to travel during the period of a booking, the guest will be refunded in full. Alternatively, the guest can opt to defer their booking for up to 1 year and a travel credit will be issued for the full value of the original booking.
2. If Government restrictions mean that we are unable to accommodate guests during the period of the booking, guests will be refunded in full. Alternatively, the guest can opt to defer their booking for up to 1 year and a travel credit will be issued for the full value of the original booking.
3. Guests will be refunded in full if a booking has to be cancelled by us as a result of force majeure. This includes but is not limited to acts of God such as floods, drought, earthquake & other natural disasters. It also includes but is not limited to epidemics and pandemics, terrorist attacks, civil war, civil disturbance, war and preparations for war, imposition of sanctions, embargo or breaking off diplomatic relations.  It further includes but is not limited to restrictions placed on the business by local or national authorities, fire, contamination of any kind, explosion or accident, non performance by our suppliers or contractors as well as the failure of utility services.
4. If the guest (or any member of their party) is unable to travel or disinclined to travel to stay at the property & have declined to take out travel insurance or declined Booking Protect Refund Protection (which we offer at the point of booking), then they accept responsibility for any loss incurred due to their cancellation and no refunds will be made.  This includes but is not limited to circumstances such as illness, self isolating, quarantine, jury service, military service, incarceration, change in personal work circumstances, family emergencies, adverse weather preventing travel, travel delays, vehicle breakdown & public transport delays.
5. Cancellation may be notified to us by phone but must be confirmed in an email. Once we have received the request in writing we will confirm the cancellation request.
6. Cancellation Fees. For any booking cancelled 30 days or more than 30 days before the due arrival date, the cancellation fee is 30% of the full booking total. For cancellations made with less than 30 days before the due arrival date, the cancellation fee is 100% of the full booking total.
7. We strongly recommend that guests take out travel insurance or opt in to Booking Protect Refund Protection which is offered at the point of booking on our booking system. Full details can be found on our booking system or by emailing us.
8. Guests who book through third party online travel sites are bound by their cancellation terms and in the event of a need to cancel, the guest will need to inform them in the first instance.
9. Failure to pay a balance by the due date will mean that a booking will be cancelled and any deposit payments made will be forfeit.

5.Arrival & Departure Times/Key Collection:

Check in time commences from 3.00pm onwards until 8pm and guests must depart by10.00am on the day of departure. Guests are requested to let us have estimated arrival times in advance of arrival day and to have updates on arrival day to ensure we are able to be in attendance upon guest arrival to hand over keys. Later check in times are by prior arrangement only and are not guaranteed.
 

6.Lost Keys:

A charge of £120 will be made for replacement of lost keys.

7.Special Requests:

Guests who have special requirements are asked to make us aware of them prior to booking and in writing to ensure that we can address them or make an honest assessment of the suitability of the accommodation.

8.Pets:

Pets can be accommodated in any of the accommodation with the exception of the Hesketh Crescent Apartment, The Meadfoot Bay Apartment and The Sovereign House Apartment. There is a fee for bringing pets. The owners must be notified in advance if guests are intending to bring their pet. Pets are not allowed in the bedrooms and should never be left unattended in the property. Guests must ensure dogs are kept on a lead in the public areas of the property. Guests are responsible for their pets and if they cause annoyance or danger to other guests the booking will be terminated without notice or refund. Guests are fully liable for any damage caused by their animal. Guests must ensure that any pet hair is removed from any carpet or furnishings before they depart. Guests bringing dogs are bound by our Dogs Code of Conduct which is available separately. Dogs should be adult and not puppies.
 

9.Linen:

Bed Linen is included in the price of the booking and beds will be made up on arrival. Towels (not beach towels) are included. Bedding & towel changes will be made for stays over 7 nights.

10.WIFI & Utilities:

All electric, water and central heating costs are included in the price of the booking. WIFI is provided for guests’ reasonable use. The guest agrees to reasonable and lawful usage of the service.

11. Smoking:

All of the accommodation is strictly non-smoking. Any additional cleaning or damage charges incurred as a result of smoking in a property will be invoiced to guests as per “Damage to Property” below and are to be paid within 7 days. Charges will also be made in the event the property is unable to be re-let. Smoking is permitted in the grounds of the building. Please note that no candles or items with naked flames are permitted in the accommodation.

14. Parking & Electric Vehicle Charging:

Please refer to property descriptions for parking facilities. Guests park entirely at their own risk.

We do not currently have any specific EV charging points at the properties. Guests must not use extension leads to charge their vehicles from sockets at the property. This invalidates our insurance and can cause property damage, injury and potentially death. Guests will be fully liable for any such occurrence and may be asked to leave without refund if they attempt to charge their car in this way.

15. Damage to Property:

Guests are fully liable for the full cost of any damage caused to or within the property during the let. This includes repair replacement or costs of additional cleaning. Guests will be invoiced and payment due within 7 days.

16. Right of Entry to the Property:

We shall be allowed the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.

17A. During the period of Hire:

During the period of the hire of the property guests agree the following:
 (a) To pay for any losses or damage to the property however caused (reasonable wear and tear excepted).
(b) To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy.
(c) To permit the Owners, their Representative and the Agents reasonable access to the property.
(d) Not to part with possession of the property or share it except with members of the party as listed prior to arrival. In no circumstances may the number of people exceed the stipulated description. A cot may only be occupied by a child aged 24 months or less.
(e) Not to cause an annoyance or become a nuisance to occupants of adjoining premises or the owners or their agents.
 (f) Not to use the property for any commercial purposes, gatherings or parties.
(g) Not to use the property for any noisy, dangerous, offensive, noxious or immoral activities.
 
In the event of breach of these terms and conditions the guests may be required to leave the property during the period of the booking without compensation.
The agreement to stay in the property for the holiday period does not create the relationship of landlord and tenant between the parties. Guests will not be entitled to any statutory protection under the Housing Act 1988 or other statutory security of tenure at the point of booking, staying at the property or at the end of the stay.

17B. Terms Specific to the Hire of St Anne's Manor

(I)The availability of the outside kitchen is strictly subject to weather conditions. In the event of changeable or wet weather conditions during the stay of a guest it will not be available.
(II) The gardener visits twice a week and is on site from 9am until 3pm.
(III) Use of the hot tub is subject to full agreement to the full terms and conditions of its use. (These are available separately.)
(IV) The gym is to be used by over 16 years olds only and under 18 year olds should be supervised by an adult. Equipment should only be used if guests are familiar with its use and have been previously isntructed by a qualified gym instructor. Guests use the facilites entirely at their own risk.

17C. Terms specific to the hire of Muntham Town House

(i) The hot tub is an optional extra and guests can book the property with or without use of the hot tub.
(ii) Guests who book the option of the hot tub as an extra will be a charged a surcharge of 15% for its use.
(iii) Guests may add the hot tub option any time until 48 hours before arrival. Once it is added it cannot be cancelled. If guests have opted in to Booking Protect, the hot tub option would need to be added before the balance is paid.

18. Size of Party:

The maximum number of people allowed to occupy the property is stipulated in the booking confirmation.
 
The Guests’ right to occupy the property may be forfeited without compensation, or an additional charged levied, if: (a) more people or guests than specified on the Booking Form and/or the number the Property holds, attempt to take up occupation; (b) Overnight guests are entertained without the Owner’s or their agents’ express permission; (c) Any activity is undertaken which may cause unreasonable damage, noise or disturbance.
 

19. Liability:

The owners and their agents do not accept liability for any act, neglect or default on the part of any person not within their employ, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the guests or anyone connected with the letting may incur. The owners and their agents reserve the right to provide alternative accommodation/s or cancel owing to unforeseen circumstances beyond our control. If for any reason beyond the owner’s or agents’ control the property is not available on the date booked (owing to fire damage for example) or the owners deem the property as unsuitable for holiday letting, all rent and charges paid in advance by the guests will be refunded in full, but the guests shall have no further claim against the Owners or Agents. Disclaimer: All properties are used at your own risk. Parents should ensure that their children are properly supervised in such areas at all times.
 

20. Authority to Sign:

The person making the booking certifies that he or she is authorised to agree the Terms and Conditions on behalf of all persons included in the party, including those substituted or included at a later date. He or she agrees to take responsibility for the party occupying the property.
 

21. Governing Law & Jurisdiction:

The contract is deemed to have been made at the agents’ office: The Muntham Apartments, Barrington Road Torquay TQ1 1SG. The validity, construction and performance of this Agreement shall be governed by English Law. The guests submit to the exclusive jurisdiction of the English courts.

22. Complaints:

All complaints must be notified to the agents immediately to ensure sufficient time is given to investigate and/or take the necessary remedial action. For the avoidance of any doubt any problems which are apparent to you upon arrival at the property must be notified within 24 hours of arrival. Compensation will not be offered where the guests have denied the Agents, the Owners or their Representative the opportunity to rectify matters during the stay. Guests will be provided with 24 hour contact details for the agents for the duration of their stay.