SANDCASTLES, SEAHOUSES, NORTHUMBERLAND HOME

Booking Terms and Conditions

1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Owner issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Owner does this, the Owner will tell you in writing and promptly refund any money you have paid. When you receive your confirmation, the details must be checked carefully and if anything is not correct, you should tell the Owner immediately.

2. Paying for your property
When you book the property you should pay the amount then due by sending a cheque to the Owner. Providing the booking can be confirmed, the Owner will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Owner no later than 8 weeks before your arrival date at the property. However, if you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. Please refer to Sections 3 and 7 for details regarding cancellations. If any payment you make is not honoured for any reason whatsoever, the Owner is entitled to make an administration charge of £25.

3. Cancellations or changes to your booking by the Owner
The Owner does not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Owner will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change.

If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, the Owner will, if possible and as soon as reasonably practical, offer the party leader alternative dates.

If you do not wish to accept a significant change, you will receive a full refund of all monies paid to the Owner. So as to keep any period of uncertainty to a minimum, the Owner will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell the Owner as soon as reasonably possible whether you wish to accept any change or alternative dates offered, or alternatively whether you want a refund.

In the unlikely event that the party leader fails to tell the Owner that you wish to accept any change the Owner is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid.

Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A maximum compensation of £20 per will usually be paid. However, compensation will not be payable where any change or cancellation results from "force majeure" (please refer to Section 4 below) or where you have refused, without good reason, to accept alternative dates you have been offered. reasonably be expected to know, we or the Owner (as applicable) could not reasonably expect to have a significant effect on your confirmed booking.

4. Circumstances beyond the control of the Owner (Force Majeure)
Except where otherwise expressly stated in these Conditions, the Owner shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner to perform or properly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner (referred to as "force majeure" in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure) the Owner will, however, refund to you all monies paid by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by either the Owner to you.

5. Web site
The Owner aims to ensure that the information provided is accurately conveyed on the website and other promotional literature or material produced and circulated by the Owner. However, the information and prices on this website may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the website and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of the property and arrangements (including the price) with the Owner at the time of booking. There may be small differences between the actual property and its description, as the Owners are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Owner will tell the party leader as soon as reasonably practical.

The Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the website or advertised elsewhere. The Owner makes reasonable efforts to ensure that information supplied to you in relation to the property or its facilities and/or services is accurate and complete as at the date given

6. Liability
The Owner shall have no liability for any death or personal injury unless, it results from the Owner's negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment).

7. If you change or cancel your booking
(i) Changes If you want to change your booking once your confirmation has been issued, an administration fee of £25 will be payable to the Owner once any change has been made. However, it is important to realise that a change of dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. The Owner will advise the party leader if this is the case when the change is requested. The party leader must then inform the Owner as soon as reasonably possible to whether you still wish to change your booking. If you advise the Owner that you do or the party leader fails to contact the Owner as soon as reasonably possible, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, the Owner will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.

(ii) Cancellations If you have to, or wish to, cancel your booking, the party leader must telephone the Owner on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to the Owner at the address shown in the web site. The day the Owner receives your telephone notification of cancellation is the date on which your booking is cancelled.

Depending on your reason for cancellation, you may receive a refund of all monies you have paid to the Owner for you booking The Owner will also retain a cancellation administration fee of £35 per week or per part week per booking.

Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis.

To qualify for a refund your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your holiday and must prevent you from taking your holiday. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth before or within 14 weeks of the arrival date home -

Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your holiday or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your holiday destination due to snow or flood conditions or as a result of being involved in an accident en route (N.B. This only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from either the Police, RAC or AA). Although a refund is available in these circumstances you may prefer to delay your arrival. In these cases, a 25% refund is available for each 24 hour delay up to a maximum of 72 hours - 75% (For short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours). You will be asked to complete the Owner's Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which the Owner may request further information from a third party.

The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to.

Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above e.g. dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc., a cancellation charge will be payable, based on the number of days before the arrival date at your properties that the Company receives notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total holiday cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of this table, cost means the total cost of the booking, including any extra items after deducting any insurance premiums, credit card charges and administration fee paid for making any change. Please note that no insurance premiums or any such administration fee are refundable.

Number of days before arrival date that notification of cancellation is received

Amount payable

More than 56 days

Full Deposit (including any Balance of Deposit due)

29-56 days

50% of cost or Full Deposit (including any Balance of Deposit due), whichever is the greater

15-28 days

75% of cost

1-14 days

90% of cost

On arrival date or later

Total cost

If any payment due in relation to your booking is not paid by the appropriate date, the Owner is entitled to assume that you wish to cancel your booking. In this case, the Owner will be entitled to keep all deposits paid or due at that date. The Owner normally sends out a reminder to you before your booking is cancelled. If the Owner does not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause above depending on the date the Owner reasonably treats your booking as cancelled.

(iii) Curtailment of your holiday A refund as set out above is also available if your holiday is cut short for any of the qualifying reasons set out in (ii) above. In this case, you will be reimbursed for the appropriate proportion of the holiday charge. This only applies if the property is vacated by all persons in your holiday party. Where your holiday is curtailed for medical reasons affecting any persons in your party, you will need to produce a certificate from a local doctor, confirming the necessity of returning home.

8. Your property
You can arrive at your property after 3pm on the start date (Friday) of your holiday rental and you must leave by 10.00am on the last day (Friday). If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact the Owner whose details are given on the location guide so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on the location guide of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.

The Owner will require you to pay a security deposit of £50.00 on arrival which will be refunded at the end of your holiday rental (less any costs for breakages, damage etc if applicable - see below).

You and all members of your holiday rental party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your holiday rental party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by the Owner. You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your holiday rental party, and the Owner can require payment from you to cover any such costs.

The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Owner will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, the Company is under no obligation to find any alternative accommodation for you. You must not allow more people than the web site states to occupy the property, neither can you significantly change the composition of the holiday rental party during your occupation of the property, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Owner will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, the Owner is under no obligation to find any alternative accommodation for you.

If you take a pet with you, it is not allowed on beds or chairs. Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this web site even where the property description states that pets are not allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or hearing dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.

You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).

9. Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owner is anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or his/her representative immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified. Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.

10. Communicating With You
For the purposes of the Data Protection Act 1998, The Owner is the sole data controller of all personal data provided to the Owner by customers and prospective customers. In order to process your booking the Owner needs to collect certain personal details from you for example names and addresses of party members, payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements and any dietary restrictions which may disclose religious beliefs.

11. Law
The contract between you and the Owner is subject to English law and no other. It is agreed that any dispute you may have with the Owner will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of those countries.

12. Your rights
Your statutory rights are not affected by anything contained within these Conditions.

 13. This website
This website was published in June 2005 and the prices and booking conditions supersede all previous editions. Prices and booking conditions may be superseded by subsequent editions.


Sandcastles Holidays
7 Castle Close
SEAHOUSES
Northumberland
NE68 7BA