CHALET BOOKING TERMS & CONDITIONS
No one likes to read the 'small print' but please do read through our new booking terms and conditions, and do let us know if you have any questions.
Terms and Conditions of Booking
(for new bookings from 1st November 2020, revised 31.10.2020)
These Terms and Conditions apply to lettings of holiday accommodation at Bryher Holiday Chalets. These terms form the basis of the Customer’s contract with the Proprietors so please read them carefully before making a reservation.
1.1 In these terms and conditions “you” or “your” means the person or persons named in the booking confirmation. “We”, “us”, “our” or “Bryher Holiday Chalets” means the Proprietors of Bryher Holiday Chalets, Bryher, Isles of Scilly, TR23 0PR.
1.2 These terms and conditions apply to all bookings made by you for accommodation provided by Bryher Holiday Chalets, whether directly or through any third party.
1.3 When you make a booking in ‘Meneth’ or ‘Kelyn-Mor’ (Bryher Holiday Chalets), you are deemed to have accepted these Booking Terms and Conditions.
1.4 Bryher Holiday Chalets is privately owned and operated and does not operate as a franchise or use a marketing partner. We are not bound by obvious printing errors and should you require any further clarification about our terms of business then please email firstname.lastname@example.org
2. Your Booking
2.1 Bookings can only be made by an adult aged at least 18 years old.
2.2 The person making the booking will be responsible for all members of your party throughout the stay and their adherence to the Booking Terms and Conditions.
2.3 We can only discuss your booking with you, unless you give us your express consent in writing to deal with another member of your party.
2.4 Your booking allows you to occupy the accommodation for the dates to which the booking relates for the purposes of your holiday, and nothing in these terms and conditions shall create the relationship of landlord and tenant between us and You. Guests will not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
2.5 A contract is only entered into once the deposit has been processed and a letter or email of confirmation issued. Additional guests can only be accepted by agreement after this date.
2.6 We reserve the right, at all times and without statement of reasons, to refuse a booking.
2.7 A copy of our Access Statement is available on our website or on request.
3. The Booking Process
3.1 Most bookings are initiated via telephone or email, or in the case of returning guests, by verbal discussion during their previous stay.
3.2 These Booking Terms and Conditions form the basis of the contract between us for the accommodation rental and must be agreed to in writing on booking.
3.3 To secure a reservation, a Booking Deposit of one third of the total amount payable for the booking is required.
3.4 The Booking Deposit is non-refundable.
3.5 We recommend checking travel availability before confirming your booking with us.
3.6 The Booking Deposit must be paid within 7 days of the booking being placed. If the Booking Deposit is not paid within 7 days, we may release the Accommodation.
3.7 On receipt of the Booking Deposit, a booking confirmation email will be sent to you containing the details of your stay and of payments made and due. Your booking is only accepted by us when we confirm in writing receipt of your Deposit.
3.8 Payments can be made by bank transfer (preferred) or cheque (made payable to 'Bryher Holiday Chalets' or 'Meneth Holiday Accommodation', as appropriate).
3.9 It is your responsibility to check that the details on your Booking Confirmation are correct and notify us immediately of any discrepancies. We cannot accept responsibility for any errors.
3.10 The difference between the total amount payable for the accommodation and the Booking Deposit paid is referred to as the Balance.
3.11 Where a deposit has been paid, full Balance payment must be received by us no later than 7 days prior to your stay.
3.12 For bookings made less than 7 days in advance, the total amount payable is due at the time of booking. This is non-refundable, save as provided below.
3.13 If you fail to pay the Balance 7 days prior to your stay, we will assume you wish to cancel your booking.
4.1 We strongly advise you to take out appropriate insurance:
4.1.1 to cover any cancellation of, change to, curtailment or delay in your holiday to Bryher Holiday Chalets or any other reason outside of our control which might have as its consequence an inability to holiday at Bryher Holiday Chalets in accordance with your booking; and
4.1.2 that you take this insurance out at the time of booking.
5. Pricing and Charges
5.1 Our current tariff for Bryher Holiday Chalets is as set out on our website, alternatively you may prefer to contact us by telephone.
5.2 We will confirm the price for your booking at the time of booking; the price stated on your booking confirmation email is binding.
5.3 We reserve the right to modify our prices at any time.
5.4 Whilst we do our best to ensure pricing is displayed correctly, if accommodation has been incorrectly priced, we reserve the right to charge the correct rate or give you the opportunity to cancel the booking, providing a full refund of monies paid, but without further liability on our part.
5.5 Prices are per chalet and includes water, electricity, wi-fi and Sky TV, and the provision of bedlinen, bath and hand towels, dish cloths and tea towels, and beach towels.
5.6 Wi-fi is provided for the guest’s reasonable use. The guest agrees to reasonable and lawful usage of this service.
5.7 Cots, cot mattresses, cot bedding and high chairs are available free of charge, on request. Please request these on booking or as soon as possible after booking as numbers are limited.
5.8 Promotional pricing and offers:
5.8.1 will only be applied if valid and quoted at the point of booking;
5.8.2 cannot be applied retrospectively to existing bookings;
5.8.3 can be amended or withdrawn at any time.
5.9 You will be aware that we do not charge a cautionary damage deposit. Should any damage be done to the accommodation which is other than fair wear and tear, you will be billed for the full cost of the replacement or repair.
6. If You Have to Cancel Your Booking
6.1 If you wish to cancel your booking you must let us know by email or in writing as soon as possible. Your booking will be cancelled with effect from the day we receive cancellation notice.
6.2 As set out above, Booking Deposits are non-refundable.
6.3 Once you have paid your Booking Deposit you are liable for the Balance as set out in our written confirmation of your booking, including in the event of cancellation.
6.4 Notwithstanding the above, if you have to cancel your booking, we will endeavour to secure another booking for the accommodation at the full price and if successful we will only charge you a £50 administration fee and refund the remainder of the monies you have paid. If the Rental Period is only partially re-let, or is re-let at a reduced price, an equivalent proportion of the Rental Fee will be refunded, less the £50 administration fee. We will not be liable to make any refund to you if we are unable to secure another booking for the same dates as your booking.
7. If You Wish to Amend Your Booking
7.1 If you wish to amend your booking to a different date please contact us and we will do our best to assist. Whilst we will always endeavour to accommodate your change, we cannot guarantee this will be possible.
7.2 If you choose to amend your stay, your original booking will be cancelled and the provisions of clause 6 above will apply to your original booking whilst the booking process set out in clause 3 and terms applicable to pricing in clause 5 will apply to any new booking made.
8. If We Need to Change or Cancel Your Booking
8.1 We would not normally expect to have to cancel or change your booking, but sometimes we may be unable to provide the accommodation you have booked on your reserved dates. This may become necessary due to any number of reasons including but not limited to:
8.1.1 An urgent need to perform essential works on the accommodation;
8.1.2 Unforeseen events beyond our reasonable control, including, but not limited to, weather, transport failure, drought, fire, explosion, storm, flood, earthquake, epidemic, pandemic, governmental guidance, natural disaster, subsidence, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private utilities.
Any inability to perform or delay in performing our obligations due to such events will not constitute a breach by us of these Booking Terms and Conditions.
8.2 If we change or cancel your booking pursuant to clause 8.1.1, we may attempt to find you suitable alternative accommodation, including in a different property or on a different date. If this is not possible – or you refuse the alternative offered – your booking will be cancelled and we will refund you all monies paid for the booking. We will not be liable for any damages or other losses or additional costs you may have incurred including, but not limited to, transport costs or the costs of any other accommodation whether on the islands or on the UK mainland.
8.3 If we change or cancel your booking pursuant to clause 8.1.2, we will do our best to offer you an alternative stay at such later date as determined by us, though we are under no obligation to do so. If no alternative is available – or if you refuse the alternative offered – the booking will be cancelled and no refund of any monies paid will be due.
9. Your Obligations
9.1 All accommodation is hired on the basis of a licence to occupy for holiday and leisure use only, save to the extent we have agreed to the accommodation being used for other purposes, for example, corporate use or such other form of use as may be authorized by us from time to time.
9.2 Although we always do our best to have the accommodation ready for you when you arrive, the
chalets are generally available from 4.00pm on the day of arrival.
9.3 The chalets should be vacated by 10.00am on the day of departure. Failure to do so may result in you being charged a further day’s rental. Guests are welcome to leave their luggage with us prior to arrival or upon departure.
9.4 Guests will not:
9.4.1 remain in the accommodation at the end of your booked stay;
9.4.2 sublet, whether for financial gain or otherwise;
9.4.3 use the accommodation for any dangerous, illegal or immoral purpose or use illegal substances or undertake any other activities that in our sole discretion may be offensive to others.
9.5 Smoking is not permitted in any of our accommodation. This includes vaping and e-cigarettes.
9.6 Candles must not be lit inside the Properties.
9.7 You will be responsible for any damage or loss to the accommodation and its contents throughout your stay. For this reason, it is extremely important that should you discover anything missing or damaged on arrival, you contact the Proprietors immediately. All breakages and any damage must be reported to us before the end of your holiday and you will undertake to reimburse for the same.
9.8 The accommodation must be kept clean and tidy and left in the same condition as when you arrived. If furniture is moved to accommodate a cot, for example, it must be returned to its original position before your departure. If in our sole discretion, cleaning beyond what is usual on a changeover is required, we reserve the right to charge a reasonable fee for this service.
9.9 A maximum of two (2) well behaved dogs are welcome, at no extra charge, in each chalet at the proprietor’s discretion, with the following conditions:
9.9.1 Please ensure that dogs are free from parasites and fleas before occupation. Failure to do so will incur additional charges which the Customer agrees to pay immediately on request from the Proprietors.
9.9.2 Dogs must not be left in the accommodation unsupervised.
9.9.3 Please do not allow your dog(s) onto the furniture. We provide dog blankets for them to sit on, on the floor.
9.9.4 As in Clauses 9.7 and 9.8, we reserve the right to make an additional charge for any damages caused by your dog(s) or extra cleaning required after your departure. If you have a puppy, please take extra care that furniture or soft furnishings are not chewed. Please thoroughly clean the chalet, including dog hair from rugs and carpets, before you leave.
9.9.5 Dogs must not chase any livestock or wildlife on Bryher. You must obey the Countryside Code and keep your dog(s) under close control at all times for their own safety as well as for the benefit of other dogs owners and livestock.
9.9.6 Please pick up after your dog(s) when taking your dogs for a walk, and clear up any fouling of the gardens of the chalets without delay. Dog poo bins are available at Hell Bay Hotel and at Fraggle Rock Café. One of the bins at the chalet can also be used if necessary. Please do not throw poo bags into hedges or other vegetation on the islands.
9.9.7 You are welcome to use the beach towels provided for your dog(s). Please do not use the cream towels provided for guests.
9.9.8 Please note that the gardens are not fully secure, so dog(s) should not be left unattended in the chalet gardens.
9.9.9 We regret that dogs that bark continuously are not allowed in our accommodation. They will disturb the other guests.
9.10 The number of guests must not exceed six (6) per chalet. For occupancy purposes, children under the age of two sleeping in a cot do not count towards the total number of occupants, however due to available space, each chalet can only accommodate a maximum of two cots per booking. An older child may be accommodated on an extra fold out bed at the proprietors’ discretion.
9.11 We may ask you to supply us with a list of names and ages of all members of your party. We will ask you to let us know of any changes to your guest list at any time during your stay and if requested will supply clean linen and towels for their use.
9.12 Any persons other than members of your party must not use the facilities at Bryher Holiday Chalets.
9.13 No camping is permitted in the gardens of the accommodation. Camping on Bryher is only permitted at Bryher Campsite.
9.14 You must not cause any nuisance or annoyance to any neighbours or anyone else during your stay, or do anything do endanger the safety of another person.
9.15 Fires may only be lit in the firepit/BBQ provided in the garden of your accommodation.
9.16 Drones must not be flown over any property or garden on Bryher. You must be registered to fly your drone and you must adhere to Air Navigation Order 2016 (ANO).
9.17 Fireworks and Chinese lanterns are expressly forbidden.
9.18 In the event that the key(s) for the Property is/are lost, there will be a charge of £20 for each lost key.
9.19 We may ask you to leave the accommodation and terminate our contract with immediate effect and without compensation, if we consider you or your party has committed a serious or persistent breach of these Booking Terms and Conditions including, but not limited to a failure to comply with your obligations as set out in this Clause 9.
9.20 Bryher is a safe environment but the risk of theft, damage or loss of our guests’ personal possessions cannot be eliminated entirely. We strongly advise you against bringing valuable items on your holiday and cannot be liable to any guest for any loss, damage or injury suffered by our guests or to their property.
9.21 We may need access to your accommodation to rectify any urgent or unforeseen problem, investigate any complaint you make, or to perform routine checks. We will do our best to let you know 24 hours in advance and to arrange this at a mutually agreeable time (other than in the event of an emergency or when an inability to gain access may result in a delay in attending to the routine check/problem/complaint which in all of the circumstances would be unreasonable).
9.22 Should you fail to give up possession at the end of your stay, or leave the accommodation in such condition that it is not suitable for occupation by another hirer, you will be liable for the published rates for the accommodation for the period that it is unavailable, and for any loss or damage we incur in finding alternative accommodation for or compensating (as the case may be) the incoming guests.
10. If You Encounter Any Issues During Your Stay
10.1 We do all we can to ensure your accommodation is of a high standard. If you have any problems during your stay, please allow us the opportunity to rectify the situation by contacting the Proprietors as soon as possible. When dealing with any issues we will take into consideration whether we were given fair opportunity to resolve the difficulties.
10.2 The facilities at the accommodation are as described on the website. Images of the Property on the website are for illustrative purposes only. The Proprietors make every effort to describe the property and facilities as accurately as possible, and to keep information up to date. The property and facilities may vary slightly from the images.
10.3 Whilst we will do all within our power to ensure that the accommodation amenities/appliances advertised are available during your stay, no refunds can be made and no compensation will be due if accommodation amenities/appliances have to be temporarily withdrawn or are changed for any reason.
10.4 In the event of a housekeeping/maintenance emergency, please contact the Proprietors on the telephone number provided in your guest information.
10.5 Bryher Holiday Chalets has no connection to any of the Travel Service Providers or other businesses on the islands (save for Glenhope & Glenhope High Cottages and Bryher Forge) and is therefore not responsible for the proper performance of any of these services or businesses. In case of problems, please contact the relevant service provider or business.
11. Limitation of Liability
11.1 Save for death or personal injury resulting from our negligence, the Proprietors will not be liable to you or any member of your party for any costs, claims, damages or expenses, accident, injury, loss of profit, loss or use or corruption of data or information, or inconvenience whatsoever and howsoever caused suffered or incurred by you or any member of your party or any of your or their property during your stay at Bryher Holiday Chalets.
12. Entire Agreement
12.1 These Booking Terms and Conditions constitute the entire agreement between us and supercedes and extinguishes all previous agreements, promises, assurances, representations and understandings between us, whether written or oral, relating to its subject matter.
12.2 Each of us acknowledges that in entering into this agreement, neither of us relies on, and shall have no remedies in respect of any statement, representation or assurance (whether made innocently or negligently) that is not set out in these terms and conditions.
12.3 We both agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Booking Terms and Conditions.
12.4 Nothing in this clause shall limit or exclude any liability for fraud.
13.1 A waiver of any right or remedy under these Booking Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.2 A failure or delay by a party to exercise any right or remedy provided under these Booking Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
13.3 No single or partial exercise of any right or remedy provided under these Booking Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other remedy.
14.1 If any provision or part-provision of these Booking Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
14.2 Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Booking Terms and Conditions.
15. Third Party Rights
15.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Booking Terms and Conditions.
15.2 The rights of the parties to rescind or vary these Booking Terms and Conditions are not subject to the consent of any other person.
16. Data Protection & Privacy
16.2 If you wish to alter your communication preferences, please email email@example.com or write to: Amy Langdon, Meneth & Kelyn-Mor, Bryher Holiday Chalets, Bryher, Isles of Scilly, TR23 0PR.
17. Governing Law
17.1 These Booking Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
18.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Terms and Conditions or their subject matter or formation.