Booking T&Cs
Accommodation Booking Terms and Conditions
These terms and conditions apply to Watermouth Castle bookings
Last Updated: 20th March 2024
BEFORE MAKING A BOOKING REQUEST THROUGH US, PLEASE READ THESE BOOKING TERMS CAREFULLY. WHEN YOU MAKE A BOOKING REQUEST THROUGH US (WHETHER BY THE SITE, EMAIL OR TELEPHONE), THESE BOOKING TERMS ARE DEEMED TO BE ACCEPTED BY YOU.
1 WELCOME
1.1 You and us: In these terms and conditions (which we call 'Booking Terms')
1.1.1 "we", "us", "our" means Watermouth Castle. Our full details are in paragraph 21 below. We own and operate www.watermouthcastle.com (the "Site") and
1.1.2 "you", "your", means the holiday maker who is making a booking request.
1.2 Bookings: These Booking Terms apply to any booking you make through us for use of a holiday property (which we call a "Property") featured on our Site (and we call that booking of a Property a "Booking"). The Booking might be made on the Site, by email or by telephone.
1.3 Two contracts: When you make a Booking you are entering into two legally binding contracts at the same time, as follows:
1.3.1 Contract 1: We arrange a Booking with you as the owner of the Property (each of which we call an "Owner"). That means that when you book a Property through us, you are entering into a contract directly with Watermouth Castle for the use of the Property and any related services. We may refer to " Services" and use the term “Contract". The terms of the Contract are: 1.3.1.1 these Booking Terms;
1.3.1.2 the dates (and time periods) for a Booking during which you will be entitled to use the Property (which we call the "Holiday Period");
1.3.1.3 the other details specific to your Booking including the Property and any restrictions notified to you during the Booking process (which we call the "Booking Details");
1.3.1.4 the charges payable by you to the Watermouth Castle for hiring the Property and any related services which are otherwise due to the Watermouth Castle and
1.3.1.5 any other special or additional conditions that we draw to your attention during the Booking process before we accept your Booking (as defined below).
1.3.2 Contract 2: You are also entering into a second contract directly with us for the services we provide via the Site (or via our staff if you book using another method). We call this second contract the "Booking Contract". The services we provide you are of two kinds:
1.3.2.1 services we provide to you to allow you to make a Booking (which we call the "Booking Services"); and
1.3.2.2 other services we may offer to you, including where we (not you) have engaged a third party to provide these services to you on our behalf (when the contract for those services is still between you and us), such as a low deposit scheme (and we call these "Watermouth Castle Other Services").
1.4 Other contracts: Sometimes, during the course of what we do for you, we may offer other services to you which are neither Booking Services or Watermouth Castle Other Services. This will be a situation when we offer to you services which will be provided by a third party directly to you and all we have done is made you aware of those services, or sometimes assisted in facilitating the payments between you and the third party in respect of those services. If you take those services provided by a third party, the contract for those services will be between you and the third party providing those services. An example might be an insurance policy (as we do not provide insurance ourselves). We call these types of services "Third Party Other Services" but Booking Services are never within the definition of Third Party Other Services.
1.5 Charges: For charges:
1.5.1 we charge you a non-refundable booking fee for the Booking Services that we provide to you under the Booking Contract (which we call the "Booking Fee");
1.5.2 we may make other charges for the Watermouth Castle Other Services that we provide to you under the Booking Contract (which we call the Watermouth Castle Other Services Charges"); and
1.5.3 we may collect on behalf of a third party providing the Third Party Other Services, charges for those Third Party Other Services (which we call the "Third Party Other Services Charges").
1.6 Site Terms of Use: Please note that additional terms apply to the use of and access to the Site by you, for example the Privacy Policy and Cookie Policy and Terms of Use (if any in place at the time you make your Booking).
1.7 All the legal terms: Before you use the Site, or make a Booking, please carefully read these Booking Terms, our Terms of Use (if any in place at the time you make your Booking) and all other polices we refer to in those documents (including our Privacy Policy, Cookie Policy, Low Deposit Policies and any other policy that we may bring to your attention when you are making a Booking). We recommend that you print or save a copy of these for your reference.
1.8 Changes to these Booking Terms: These Booking Terms were most recently updated on the date that appears at the top of this page. However, please be aware that we may update these Booking Terms from time to time. We may make these changes by posting a copy of them on the Site please check the latest version of these Booking Terms before you make a Booking to ensure you understand the legal terms that apply at that time. Any changes will take effect 15 days after the date on which we post the modified terms on the Site. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Booking Terms will not apply to any Bookings for which we have sent you a Booking Confirmation before the date when the modified Booking Terms come into effect.
1.9 Questions? If you have any questions about these Booking Terms, please contact us using the contact details at paragraph 21 below.
1.10 Other Definitions: In addition to the definitions above, to make these Booking Terms easier to read, we use a few other definitions which apply throughout. These are: 1.10.1 "Balance" means the balance of the Total Charges payable by you after payment of the Deposit as set out in paragraph 4.
1.10.2 "Booking Confirmation" is defined in paragraph 2.6.
1.10.3 "Deposit" means the initial instalment of the Total Charges quoted to you during the Booking process and payable by you when making a Booking (and all collected by us, ). Please note, where you cancel a Booking after we send you your Booking Confirmation (as set out in paragraph 2.7) because you have changed your mind, your Deposit payment will be non-refundable.
1.10.4 "Guests" means holidaymakers other than you who are booked to stay at the Property during the Holiday Period under your Booking and includes, if Watermouth Castle has approved, any additional visitors that are permitted to attend the Property during the Holiday Period.
1.10.5 "Total Charges" means the total charges that you owe toWatermouth Castle under a Booking Contract (i.e. the Booking Charges), that you owe to us under a Booking Contract (i.e. the Booking Fee and the Watermouth Castle Other Services Charges) and that you owe to a third party under your arrangements with them but that we have agreed to collect on their behalf (i.e. the Third Party Other Services Charges).
1.11 How to read these Booking Terms:
1.11.1 Whenever you see a general phrase followed by words like “include”, “including”, “for example”, “such as” or “in particular” (or anything similar) the general phrase stays as a general phrase – what follows are just non-exclusive examples of the general phrase.
1.11.2 The bold headings at the start of each paragraph are just there as a “signpost heading” for what the paragraph is about. However, it is what is in the full paragraph itself that counts in terms of these Booking Terms. The signpost paragraph headings should be ignored for the purposes of working out legally what the Bookings Terms say or mean.
2 MAKING YOUR BOOKING
2.1 To be eligible to make a Booking: To be eligible to make a Booking (i.e. to enter into a Booking Contract with Watermouth Castle):
2.1.1 you must be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
2.1.2 you must register with us on our Site (in advance or when Booking) or by telephone by providing your full name, telephone number, email address and any other information that we may request in order to process your registration; and
2.1.3 you must possess a valid payment method such as a valid debit or credit card, PayPal account or any other digital option as accepted by our Site.
2.2 What you confirm: By submitting a Booking to us, you confirm that:
2.2.1 everything in paragraph 2.1 is true and accurate; and 2.2.2 you and the Guests agree to these Booking Terms.
2.3 How to make a Booking: You may make a Booking directly using our Site or by contacting us by telephone or by email using the details contained at paragraph 21. If you provide your Booking details to us by email, we will send to you a link to the Site so that you can make a Booking and pay us online or we shall arrange to call you and follow the telephone Booking procedure outlined at paragraph 2.5.2.
2.4 What making a Booking means: By making a Booking through us you are making an offer to:
2.4.1 enter into a Booking Contract with Watermouth Castle in relation to the Property you have selected;
2.4.2 enter into the Booking Contract with us; and
2.4.3 pay us all amounts due in respect of the Deposit and Total Charges.
Please note that no Booking Contract creates any type of landlord and tenant relationship. A Booking Contract only creates a temporary licence to occupy.
2.5 The Booking Process: The following steps must take place before a Booking can be confirmed:
2.5.1 For Site Bookings:
2.5.1.1 You submit your Booking Details to us on the Site and provide your payment details which will be used by us to process the payment of your Deposit or Total Charges. Before submitting your Booking on the Site, the Booking process will give you the opportunity to review your Booking, including these Booking Terms and the Booking Details and, if you require, allow you to make any amendments to your Booking; and
2.5.1.2 you will receive an on-screen acknowledgement of your Booking and a receipt for your payment by email at the email address you have provided us.
2.5.2 For Telephone Bookings:
2.5.2.1 We will read to you your Booking Details and various other details for you to confirm they are accurate and you are happy with these details. You may make any required amendments at this point. After this, we will then request your payment details and we will process payment of your Deposit or Total Charges in respect of your Booking; and
2.5.2.2 we will verbally confirm your booking reference and will send you a receipt for your payment by email at the email address you have provided to us.
2.6 Confirming your Booking: Provided we have successfully processed your Deposit (and any other payment, if required) and the Property is available for the Holiday Period, we will send you an email (or a letter if you have not provided us with an email address) confirming your Booking together with a link to these Booking Terms and other details relating to your Booking. We call this the “Booking Confirmation”. Please note that you must check your emails and post regularly. If we do not hear from you within 24 hours of sending, we will take it to mean you are happy with these details. Also, please let us know promptly about any change to your postal or email address so that you inform us how to communicate with you.
2.7 When your Booking is confirmed and when contracts are formed: When we provide you with the Booking Confirmation (which will be at the point we send you the email or post you a letter confirming your Booking), we are accepting your offer as outlined in paragraph 2.4 (including accepting your offer). It is at this point, when we send you the confirmation email or letter, which is your Booking Confirmation, that you enter into the legally binding Booking Contract with Watermouth Castle.
2.8 Your responsibility to check the Booking Confirmation: Please check all the details in your Booking Confirmation promptly after receiving the Booking Confirmation and notify us as soon as possible, and in all cases within 24 hours of receipt of your Booking Confirmation, if you think there are any mistakes or errors with your Booking. If you notice that it is you who have made a mistake, we may be able to amend your Booking but you could incur additional costs (see paragraph 10). If we have made a mistake with your Booking or it contains any errors, which are our fault, you will need to contact us with 24 hours of receipt of your Booking Confirmation to confirm your correct Booking Details to us so we can then reissue your Booking Confirmation. You will not incur any additional costs for this.
2.9 When we may cancel after a Booking Confirmation and costs involved: Even after we have sent you the Booking Confirmation, we have the right to cancel a Booking where we reasonably believe that:
2.9.1 the Booking is not legitimate;
2.9.2 you have broken or are likely to break any of the Booking Terms relating to a previous or current Booking;
2.9.3 any information you have supplied is incorrect or insufficient; or
2.9.4 you have behaved in an inappropriate, abusive or unlawful manner to us, our staff or any Third Party.
If we cancel your booking in any of these circumstances we will tell you in writing and we will have any further responsibility to you and you may have to pay us and any third parties (as applicable) all costs and expenses reasonably incurred in providing you with the Booking Services, Watermouth Castle Other Services and Third Party Other Services respectively up to the date we cancel the Booking.
2.10 Unavailability of the Holiday Period. We may also have the right to cancel a booking even after we have sent you the Booking Confirmation, where the Property is unavailable for your intended Holiday Period (and this is not due to an Unexpected Event (when clause 13.1 applies) or for one of the reasons referred to in clause 12 (when clause 12 applies)). If this occurs, Watermouth Castle shall refund you: (i) the Booking Charges that you have already paid for the Booking; (ii) the amount equivalent to the Booking Fee; (iii) the Watermouth Castle Other Services Charges and the Third Party Other Services Charges that you have already paid for the Booking; and (iv) any other compensation that may be due to you (other than any low deposit charge you have paid).
2.11 Restrictions on Holiday Periods: There may be some restrictions on Bookings:
2.11.1 Maximum Holiday Periods: The maximum holiday period for any Booking is generally 28 consecutive days, and is always subject to availability of the particular Property. However, certain Properties may have a shorter maximum Holiday Period, which will be clearly stated on the relevant Property description page on our Site. You will not be permitted to make a Booking for a Holiday Period which is longer than this maximum period.
2.11.2 Minimum Holiday Periods: Certain Properties will only be available for Bookings of a minimum holiday period. Again this will be clearly stated on the relevant Property description page on our Site. You will not be permitted to make a Booking with a Holiday Period that is shorter than this minimum period.
3 OUR ROLE AND SCOPE OF OUR LIABILITY (SEE ALSO PARAGRAPH 16 “WHAT WE ARE AND ARE NOT LIABLE FOR”
3.1 Our promises to you: We will perform the Booking Services and the Watermouth Castle Other Services using reasonable care and skill.
3.2 Descriptions on the Site: We make every effort to ensure that the descriptions relating to the Properties on the Watermouth Castle website are accurate and complete. These descriptions include details of the Property including photos, the availability period of the Property for booking, the facilities available at the Property, maximum occupancy numbers, any accreditations and awards or descriptions of quality relating to the Property including star or tick ratings. If we discover a serious mistake or error relating to this information we will use reasonable efforts to correct this promptly on the Site and will contact you if that information relates to a Booking that you have already made.
3.3 Limits of descriptions on the Site: Descriptions of the Property and Services and any ratings on the Site are not advice or recommendations given by us. We do not independently verify accreditations, awards or star or other quality ratings . Such ratings are only there to give you a general idea of what level of quality you can expect from a particular Property. If you are unhappy with any information relating to a Property or believe that they contain any inaccuracies or errors, please follow the complaints procedure set out in paragraph 19.
3.4 When services become unavailable or restricted: Unfortunately, sometimes some services or equipment or facilities (including amenities or attractions near by) in relation to a Property, which are detailed on our Site, may become unavailable or be restricted. As this is outside of our control, we do not accept any responsibility for any changes, unavailability or restrictions of these things. If such services, equipment or facilities are not provided in circumstances when you have paid additional amounts for them, please follow the complaints procedure set out in paragraph 19.
3.5 Services for personal use only: Our Booking Services are available for your personal, private and non-commercial use only. You may not offer for resale any Booking Services, Watermouth Castle Other Services, Third Party Other Services without our, or where applicable the relevant Third Parties too, express written permission. To be clear, you and your Guests are permitted to use the Property as private accommodation for work or business trips.
3.6 Wi-Fi and Phone Reception: Watermouth Castle cannot (and does not) guarantee the speed of any broadband at the Property (or what you will be able to download or stream whilst there). If the description of the Property does not state that Wi-Fi is included it is not. Please be aware that internet and phone reception in rural areas can sometimes be poor. Watermouth Castle shall not be responsible for such matters except, if the description of the Property states that Wi-Fi is included, Watermouth Castle will be responsible for ensuring that Wi-Fi has been set up at the Property.
3.7 CCTV: We are aware that many holiday property owners are using CCTV systems for the safety and security of their property and guests. You may be notified as part of the description of the Property or at the Property itself that CCTV is in operation. If required, please contact Watermouth Castle for details such as the purpose of the CCTV, the data being processed and how long any footage is retained, if this information is not already apparent at the Property.
3.8 If the Property is in an agricultural area there will occasionally be sounds and smells associated with countryside living that cannot be avoided. In respect of any Property there may be traffic noise. Watermouth Castle shall not be held liable for building work noise or disruption coming from neighbouring properties.
4 CHARGES AND PAYMENT
4.1 What we tell you about the charges and when: Before submitting your Booking to us, you will be presented with or told the Total Charges payable for your Booking, together with a partial breakdown of the Total Charges such as:
4.1.1 the Booking Fee. This becomes non-refundable once your Booking is confirmed by us with a Booking Confirmation (other than as set out in paragraphs 2.10 and 11); and
4.1.2 any additional charges quoted during the Booking process when you make your Booking, for example, heating supplements, pet charges and other services you have purchased which may be part of the booking and therefore part of the booking Charge owed; or which may be part of the Watermouth Castle Other Services or Third Party Other Services (and therefore part of the Watermouth Castle Other Services Charges owed.
4.2 What we tell you about the Deposit and the Balance: If you are paying a Deposit rather than the entire Total Charges when making your Booking, you will also be presented with the date by which you will need to make payment to us for the Balance. The date you are required to pay the Balance will normally be 6 weeks before the start of your Holiday Period. Please note that we may (but are not obliged to) contact you via the contact details you provide us with to remind you of the due date for payment of the Balance. You should also take note of when the Balance is due for your own reference. However, if the date the Balance would normally fall due for your Booking has already passed, we will ask you at the time of the Booking to pay the Balance too.
4.3 Forms of payment: We currently accept various forms of payment including via credit and debit card, PayPal or some other digital options. Please refer to our Site for details of the payment cards and other methods of payment that we currently accept.
4.4 Price fluctuations: Charges may change from time to time due to changes in demand, such as school holidays, but changes will not affect any Booking you have made which we have confirmed with a Booking Confirmation (subject to what we say in paragraphs 4.7 and 4.8).
4.5 Taking payments at the time of Booking: We take the payments due at the time of Booking from your chosen payment method once you have entered or otherwise provided your payment details and confirmed you wish to pay for the Booking, subject to payment authorisation.
4.6 Taking payments after you receive your Booking Confirmation: If the Balance or any other additional payments are due after you receive your Booking Confirmation, then:
4.6.1 if you authorised us to take payment for these amounts from your chosen payment method when you made your Booking, we will automatically take payment using your original payment method. If there has been a change to the Total Charges (for example, due to changes in exchange rates), we will contact you before taking the changed payment (see paragraph 5.2 below); or
4.6.2 if you did not authorise us to take payment from your chosen payment method for these amounts when you made your Booking, or your chosen payment method that you authorised us to take payment from has expired or cannot be used by us and we contact you to inform you of this, you will need to make these payments either by using the payment feature within your account on the Site or by contacting us by telephone using the number set out in paragraph 21.
4.7 Pricing errors found before a Booking Confirmation: We use our best efforts to ensure that these stated charges are correct at the time when you submit relevant information onto our systems. However, it is always possible that, despite our best efforts, some of the charges on the Site may be incorrectly priced. We will normally check these prices as part of our confirmation procedures so that:
4.7.1 where the actual Total Charges are less than those quoted to you at the time you made your Booking, we will charge the lower amount when providing you with the Booking Confirmation; and
4.7.2 where the actual Total Charges are higher than those quoted to you at the time you made your Booking, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to book the Property at the correct (higher) charges or cancelling your Booking. We will not process your Booking or issue the Booking Confirmation until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the Booking process, we will treat the Booking as cancelled, refund the amounts you have paid us, and notify you in writing.
4.8 Pricing errors found after a Booking Confirmation: If we accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing or we identify it within 48 hours of us accepting and processing your Booking, we may cancel your Booking, and refund you any sums you have paid to us.
4.9 If you think the amounts due are wrong: If you think any amounts of which we notify you as due are wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly notified sums from the original date that such payments were due (see paragraph 5.3 below).
4.10 VAT: Total Charges include VAT, where applicable, which you shall be responsible for paying.
4.11 Total Charges are per Property: Total Charges quoted are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.
4.12 Good housekeeping: Please note, any damages may incur a 'good housekeeping charge', which will be included alongside the charges quoted to you during the Booking process. If applicable to your Booking, the ‘good housekeeping charge’ may be paid by you via the method explained in paragraphs
4.12.1 below:
4.12.1 Payment deducted by Watermouth Castle: we will tell you during the Booking process that we will hold the payment details you used to make your Booking in order to collect the ‘good housekeeping’ via this payment method (if appropriate) and you authorise us to take this payment. If the payment details you have used to make your Booking have expired or cannot be used by us to collect the ‘good housekeeping ’, then we shall contact you to arrange immediate payment of the charge from you. If you cancel the payment method provided to us for this purpose you must immediately provide us with an alternative payment method and authority for us to use it.
5 CURRENCIES AND INTEREST PAYMENTS
5.1 Base currency: Unless otherwise stated, all charges are quoted in British Pounds Sterling.
5.2 Different currencies: During the Booking process you may be presented with an option to pay for your Booking in one or more currencies. The payment currencies we accept for a particular Booking will be notified to you during the Booking process. The exchange rate for all payments will be based on exchange rates set by our internal systems, which may increase or decrease based on changes in the market. If on the date your Balance is due, changes to these exchange rates results in an increase of 5% or more to the Total Charges we quoted at the time you made your Booking, then we may increase the Balance to include this additional amount. If you do not wish to pay this amount, you may end your Booking Contract giving notice within 14 days of the date we notify you of the increase and we will refund you as outlined in paragraph 11.4.
5.3 Interest for non-payment or late payment: If you do not make any payment to us by the date that payment is due we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time (but at 4% a year for any period when that base rate is below 0%). This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6 GIFT VOUCHERS
6.1 Ordering gift vouchers: You may order gift vouchers by contacting us by email or telephone and we will send the vouchers using one of the methods that we have said is available to you that you choose and address that you specify in the form within 30 days of the date we receive your form. If you have not received your gift voucher or code within the applicable period, please contact us using the details set out in paragraph 21.
6.2 Denominations: Gift vouchers are available and can be used to pay for Bookings in part or in full. Where the cost of a Booking is less than the value of the gift voucher, the remaining balance of the gift voucher remains valid and can be used for future Bookings (though it must be used before the voucher’s validity period expires). No cash refunds will be given.
6.3 Redeeming gift vouchers: A gift voucher can be redeemed when making a telephone Booking by providing us with the unique code that appears on the gift voucher.
6.4 Validity period of gift vouchers: Gift vouchers are valid for a period of 12 months from date of purchase and can be used for any Booking with a Holiday Period that starts before the voucher's validity period expires. Any remaining balance on a gift voucher may no longer be used after expiry of its validity period.
6.5 Bookings subsequently cancelled purchased with a gift voucher: If a Booking is purchased with a gift voucher and that Booking is subsequently cancelled, any refunded amount will be credited to the gift voucher, but the original expiry date of the gift voucher remains the same.
6.6 Limits on use of gift vouchers: Gift vouchers cannot be exchanged for cash, replaced if lost or damaged and are non-refundable. We do not permit you or any third party to sell or trade our gift vouchers unless we have given you our written permission to do so.
7 YOUR RESPONSIBILITIES
7.1 Information you provide: You must make sure that all the information you provide in connection with your Booking, including all Booking Details, are true, accurate, current and complete.
7.2 Your responsibility for transactions made under your name or account: You accept full financial and other responsibility for all transactions made under your name or account that you hold with us. We will notify you of any payments that are due and you shall be responsible for paying them within the timescales that we specify.
7.3 Your promises Watermouth Castle: You promise to us that before, during and after the Holiday Period:
7.3.1 the number of people and pets occupying the Property will not exceed the number stated in the Booking Confirmation;
7.3.2 you cannot arrange for additional visitors to come to the Property or hold events (such as parties, celebrations or meetings) at the Property without obtaining the written consent of the us in advance;
7.3.3 the Property will be used solely for the purpose of a holiday or private accommodation by you and your Guests and will not be used for any commercial or business purpose. To be clear, you and your Guests are permitted to use the Property as private accommodation for work or business trips;
7.3.4 you will (and you will ensure that your Guests will) show all due consideration and respect for Watermouth Castle, their representatives, neighbours and other persons or parties that have a connection with the Property. This includes refraining from abusing your right to use the Property or participating in any illegal, dangerous, offensive, inappropriate, violent or anti-social behaviour towards such people;
7.3.5 you will (and you will ensure that your Guests will) use the Property lawfully, will not abuse or damage any facilities provided as part of the Booking Contract and will comply with any health and safety or other policies or instructions notified to you by Watermouth Castle;
7.3.6 you will allow Watermouth Castle or any representative (including any tradespeople) to access the Property at any reasonable time during the Holiday Period provided Watermouth Castle) provides you with reasonable advance notice (except where we require access to the Property due to an emergency, for example, if repairs need to be carried out or we become aware that you have breached, or has reasonable suspicion to believe that you will breach these Booking Terms);
7.3.7 you will keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the start of the Holiday Period and you will ensure that at the end of your Holiday Period the Property is left in the same state of order and cleanliness in which it was found. Watermouth Castle may charge you for any additional, reasonable charges for professional cleaning after the end of your Holiday Period where you have failed to comply with this paragraph. These charges are necessary in order to return the Property to its original state of cleanliness and tidiness for future bookings by other customers;
7.3.8 you will report as soon as possible any breakages or damage caused by you or your Guests during the Holiday Period.
7.3.9 you will arrive at the Property no earlier than the time confirmed in your Booking Confirmation on the first day of your Holiday Period and you will vacate the Property by no later than the time confirmed in your Booking Confirmation on the last day of your Holiday Period) or any other times as otherwise agreed with Watermouth Castle in writing;
7.3.10 you will not allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of Watermouth Castle
7.3.11 you will provide Watermouth Castle with any information that is reasonably requested from you or your Guests;
7.3.12 you will keep the location of all keys/access cards for the Property, which Watermouth Castle shall provide you (or otherwise provide you details of in the Booking Confirmation), confidential and return all of them and other access mechanisms at the end of your Holiday Period to the location requested by Watermouth Castle in the Booking Confirmation or as the we may otherwise request from you; and
7.3.13 you will notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 7.3.
7.4 Your responsibility for Guests: You will be responsible for all Guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.
7.5 Your responsibility for travel and health documentation: You will be responsible for ensuring that you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
7.6 Your responsibility to comply with the law: You will be responsible to ensure that you and your Guests comply with applicable laws (such as restrictions on travel or staying at properties due to health or lockdown or due to inclement weather).
7.7 Failure to comply with anything in this paragraph 7: If you or any Guest fails to comply, or is likely to fail to comply, with any of the requirements set out in this paragraph 7, Watermouth Castle reserve the right to refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of Booking Contract and your Booking will be cancelled. In these circumstances, you will not receive a refund of any of the Total Charges and shall be responsible for any other costs and expenses you have to pay due to you not being able to stay in the Property, such as the cost of finding any alternative accommodation or making alternative travel arrangements. This may also affect our decision as to whether or not to accept any future Booking from you.
7.8 Failure to comply with anything in these Booking Terms: We shall also not be responsible for having to find alternative accommodation for you if you have breached any of your obligations under these Booking Terms.
8 Watermouth Accommodation RESPONSIBILITIES
8.1 We adhere to responsibilities as below:
8.1.1 perform the Booking Services using reasonable care and skill;
8.1.2 provide an accurate, complete and up to date description of the Property, and as soon as reasonably possible; notifying you in writing of any changes to the description of the Property relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
8.1.3 subject to the exceptions in paragraphs 3.4, 3.5 and 3.6, ensure that the Property is vacant, not make any use of the Property (including conducting any viewings of the Property) and ensure that you and your Guests have exclusive access to the Property for the full period of the Holiday Period unless Watermouth Castle is entitled to refuse you and your Guests access to or requires you to leave the Property in accordance with paragraph 7.7;
8.1.4 ensure that the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period;
8.1.5 ensure that Watermouth Castle, the Property comply with all applicable laws and regulations, in particular, relating to fire, health, safety, utilities and planning and data protection;
8.1.6 ensure that we have the right to let the Property and otherwise enter into the Booking Contract with you;
8.1.7 maintain, at our expense and with a reputable insurance company, insurance policies to meet our liabilities under the Booking Contract with you;
8.1.8 co-operate with you on all matters relating to the Booking Contract, including providing the Booking Services and processing any refunds that may be due to you (which we may facilitate);
8.1.9 provide Property access details to you (including all cards and access codes) so you can make use of the Property for the Holiday Period and ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
8.1.10 show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, inappropriate, violent or anti-social behaviour towards you and your Guests;
8.1.11 comply with the terms of the Booking Contract;
8.1.12 respond to queries, complaints and problems which arise during or after the Holiday Period and use best efforts to resolve them; and
8.1.13 if VAT forms part of the Total Charges, provide you with a VAT invoice if you request one in writing.
9 PETS
9.1 Allowance for pets and extra charges: Pets are only allowed at a Property where this is expressly stated in the applicable Property description on the Site. There may be an additional charge for bringing pets, which we will notify you of at the time of Booking.
9.2 Pets in a Property when they are not allowed: If a pet is taken to a Property that does not allow pets, or the stated number/size of pets is exceeded, Watermouth Castle has the right to:
9.2.1 refuse to allow you and your Guests to enter or stay in the Property; and/or
9.2.2 ask you and your Guests to leave the Property before the end of the Holiday Period; and you must comply.
9.3 Pets in a Property when they are not allowed – and ending the Booking Contract: If Watermouth Castle exercises their rights under paragraph 9.2, we may end the Booking Contract in accordance with paragraph 11.
9.4 Damage by pets, traces of pets – and extra charges: You will be responsible for all damage caused by your and/or your Guests' pets. For any pets allowed in the Property, you should remove all traces (inside and outside) from the Property of pet occupation before you and your Guests vacate the Property at the end of the Holiday Period. Watermouth Castle may make an additional, reasonable charge for professional cleaning after your Holiday Period due to any pets that have stayed at the Property.
9.5 Pet rules: You must not allow pets on beds or on furniture within the Property. Pets must not be left alone in the Property (which include the garden and any outside areas) at any time.
9.6 Breaking the pet rules and ending the Booking Contract: If you break the terms of paragraphs 9.4 or 9.5, we may notify you that you have broken those terms and if you continue to do so may end the Booking Contract and require you and your Guests to leave the Property before the end of the Holiday Period.
9.7 Registered assistance dogs: Registered assistance dogs are allowed in all Properties featured on our Site, even where the property description states that pets are not allowed, provided that you comply with the provisions in paragraph 9.4. You must notify us of the intended presence of any assistance dogs before Booking.
9.8 Allergy to animals: If you or your Guests have an allergy to animals, please be aware that we cannot guarantee that an assistance dog, or other animals, have not stayed in a particular Property recently. We cannot accept responsibility for any health condition which may occur as a result of any animals having been present in a Property. It is your responsibility to make specific enquiries before making a Booking through us if you or your Guests have an allergy.
10 AMENDING, CANCELLING OR TRANSFERING A BOOKING AFTER A BOOKING CONFIRMATION
10.1 Amending a Booking after the Booking Confirmation: If you would like to amend your Booking after the Booking Confirmation, please contact us directly using the contact details in paragraph 21.
10.1.2 If we agree to amend the Booking, there may additional charges and an administration charge. The additional charges may be due under the Booking Contract (which could occur, for example, if your Booking has been amended for a more expensive or longer Holiday Period) or due to us under the Booking Contract (for example, to cover our costs of making the amendment). However, we will always notify you of these charges in advance and you will be responsible to pay them.
10.2 Cancelling a Booking after you receive your Booking Confirmation because you have changed your mind: If you change your mind after you receive your Booking Confirmation:
10.2.1 you are not entitled to cancel the Booking Contract for a particular Booking and obtain a refund for the Booking Fee as we will already have supplied the Booking Services to you for that particular Booking;
10.2.2 if you wish to cancel the Booking Contract with Watermouth Castle more than 6 weeks before the start of the Holiday Period, you will be entitled to a refund of the Booking Charges you have paid minus: (i) the Deposit (excluding any Third Party Other Services Charges which you may or may not be entitled.
10.2.3 you do not have a right to cancel the Booking Contract with Watermouth Castle 6 weeks or less before the start of the Holiday Period. You may, however have the right to end the Booking Contract in accordance with paragraph 11, under which you may be entitled to a refund for any Booking Charges you have paid. You may also be entitled to a refund of the Booking Fee, Watermouth Castle Other Services Charges and/or Third Party Other Services Charges payable under the Booking Contract in certain situations in accordance with paragraph 11.
10.3 Transferring a Booking after a Booking Confirmation: You may not transfer your Booking Contract or a Booking Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Booking Contract and these Booking Terms and your Guests' compliance with them. Please see paragraph 7.4 for more details.
11 WATERMOUTH CASTLE RIGHTS TO CANCEL YOUR BOOKING
11.1 Watermouth Castle rights to end a Booking (no refund): Without affecting any other right or remedy available Watermouth Castle may cancel your Booking if:
11.1.1 you do not make any payment when it is due and you still do not make payment within 7 days of the date your payment is due (though we will send you a reminder that your payment is due);
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information, including any Booking Details, that is necessary for us to provide Booking Services or Watermouth Castle Other Services or for a relevant third party to provide the Third Party Other Services or for us to provide the Booking Services;
11.1.3 you fail to perform or comply with any of your obligations (when we consider your failure to be serious or important) contained in the Booking Contract or these Booking Terms, including if:
11.1.3.1 you or your Guests do not comply with the obligations set out in paragraph 7;
11.1.3.2 you do not comply with the applicable rules on pets in accordance with paragraph 9; or
11.1.3.3 you fail to pay any good housekeeping fee on the date that payment of the fee is due in accordance with paragraph 4.12; or
11.1.4 you are declared bankrupt, make any arrangement with or for the benefit of your creditors, are unable to pay your debts or have a county court administration order made against you.
11.2 Consequences if a Booking ends in the circumstances of paragraph 11.1: If a Booking ends for any of the reasons in paragraph 11.1, then you will not be entitled to any refund of any Total Charges or other charges that you have paid in connection with your Booking. Also, Watermouth Castle shall not be responsible for any other costs or expenses you have to pay due to this (such as the cost of finding any alternative accommodation or making alternative travel arrangements).
11.3 Watermouth Castle rights to end a Booking: Without affecting any other right or remedy available to us , we may cancel your Booking if:
11.3.2 we become aware of any health and safety or quality-related issue or Property or its immediate surroundings (for example contamination to the Property's water supply).
11.4 Consequences if a Booking ends in the circumstances of paragraph 11.3: If a Booking ends for any of the reasons in paragraph 11.3, we:
11.4.1 may (but are not obliged to) arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than those actually available to you under the cancelled Booking (which might not be all of the Total Charges under the cancelled booking – see 11.4.2 below). We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs; and
11.4.2 Watermouth Castle will try and facilitate the payment of a refund if they are in breach as regards the cancellation, the Booking Charges and any other amounts paid by you under paragraphs 1.3 and 1.4 in relation to the cancelled Booking, that in both instances we may be liable for. Please note, in these circumstances you will not be able to recover the Booking Fee as this amount is non-refundable (we would have already completed the Booking Services for your original Booking) or the charges for Watermouth Castle Other Services that we have performed or for any Third Party Other Services that a third party has performed from us.
12 N/A
13 EVENTS OUTSIDE THE CONTROL OF WATERMOUTH CASTLE
13.1 Force majeure leading to cancellation: We reserve the right, to end the Booking Contract and cancel your Booking if an event occurs beyond our reasonable control (which is what we call an “Unexpected Event”). Examples of Unexpected Events include any law, guidance or action taken by a national or local government or public authority or any consequences of them; a fire or accident; epidemic or pandemic; act of God, flood, adverse weather conditions or other natural disaster, or any other event of any nature which prevents or is likely to prevent:
13.1.1 you and your Guests from staying at the Property for some or all of the Holiday Period; or from Watermouth Castle complying with its obligations under the Booking Contract.
13.2 Alternatives after such a cancellation: If an Unexpected Event happens that results in your Booking being cancelled by us, you may select one of the following alternative options:
13.2.1 as part of our Booking Services under our Booking Contract with you, we will try and help arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. However, we will not be responsible for any costs associated with arranging alternative accommodation and arranging this may be subject to the payment of additional charges by you if the Total Charges for the alternative are higher than those actually available to you under the cancelled Booking. We will always get your approval in advance of arranging any alternative accommodation and notify you of the additional costs.
13.3 Notification of options: If an Unexpected Event occurs, we will notify you as soon as reasonably possible after we are aware of it and inform you of the available options.
13.4 Consequences after an option has been provided: After providing you with your preferred option under paragraph 13.2, Watermouth Castle shall have no further responsibility to you in relation to your original Booking.
14 OTHER CONSEQUENCES OF A BOOKING CONTRACT ENDING FOR WHATEVER REASON
14.1 Consequences of a Booking ending: If the Booking Contract ends during or at the end of the Holiday Period, you must:
14.1.1 leave the Property together with all Guests as soon as possible;
14.1.2 notify Watermouth Castle that you and your Guests have left the Property and, if relevant, the reasons for doing so; and
14.1.3 return the keys/access cards to the location instructed by Watermouth Castle.
14.2 Consequences of your decision to leave the Property before the end of the Holiday Period: If you leave the Property before the end of the Holiday Period of your own accord (and not due to an Unexpected Event or because you have ended the Booking Contract with one of your rights under paragraph 11.1) no refunds for any charges are payable.
15 INSURANCE
15.1 Important notice: You are strongly advised to take out travel insurance with a reputable provider before booking to cover your Booking. If you do not do this then you are strongly advised at least to take out travel insurance with a reputable provider before departing for your holiday. Any insurance should ideally cover you for the total cost of your Booking (and your stay if that is different). It is your responsibility to check that your insurance cover is sufficient for your own purposes and any likely risks that may affect you or your holiday.
16 WHAT WE ARE AND ARE NOT LIABLE FOR
(SEE ALSO PARAGRAPH 3 '“OUR ROLE AND SCOPE OF OUR LIABILITY”)
16.1 What we are always responsible for: We do not exclude or limit in any way our responsibility to you where it would be unlawful to do so.
16.3 Our responsibility under the Booking Contract (and otherwise):
16.3.1 We are responsible to you under a Booking Contract for anything we say in these Booking Terms that we will do under that Booking Contract.
16.3.2 Apart from the responsibilities under paragraphs 16.1 and 16.3, we do not give you the benefit of (i.e. we disclaim) any and all other promises, warranties, conditions, or representations relating to these Booking Terms, any Booking Contract and any Booking Contract or otherwise, whether express, implied, oral or written, to the fullest extent that we are able to do so under applicable law.
16.3.3 Apart from the responsibilities under paragraph 16.1 (where we have unlimited liability), our total liability to you for any breach of the Booking Contract, however that may arise, is limited to the total of the Booking Fee and any other charges you have paid to us on our own account.
16.4 Our responsibility is limited to ‘foreseeable’ losses: Within the limits of paragraph 16.3, where we are responsible to you, we shall not be responsible to you for any losses unless they are a ‘foreseeable’ consequence of our failure to comply with a term of the Booking Contract. Losses are ‘foreseeable’ where they were contemplated by us at the time we sent you a Booking Confirmation.
16.5 Personal Belongings and Injury: You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. Watermouth Castle accept no liability for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.
17 OWNERS' LIABILITY
17.1 What Owners are always responsible for: An Owner does not exclude or limit in any way their responsibility to you where it would be unlawful to do so.
17.2 An Owner’s responsibility is limited to ‘foreseeable’ losses: Where an Owner is responsible to you, they shall not be responsible to you for any losses unless they are a ‘foreseeable’ consequence of the Owner’s failure to comply with a term of the Booking Contract. Losses are ‘foreseeable’ where they were contemplated by the Owner at the time we sent you a Booking Confirmation.
17.3 Personal Belongings and Injury: You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. An Owner accepts no liability for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by the Owner’s negligence.
18 PRIVACY POLICY AND COOKIE POLICY
18.1 Privacy Policy: We take your privacy very seriously. By submitting your personal information to us, you agree to our use of that information.
18.2 Cookie Policy: Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Booking Terms to 'cookies' also include other means of automatically accessing or storing information on your access device. By accessing the Site and/or entering into a Booking Contract with us, you are providing your consent for us to use cookies. However, you may delete any of these cookies at any time if you wish
18.3 Recording telephone calls: We may record telephone calls between us for monitoring and training purposes. If there is a dispute between us, we reserve the right to review any recorded calls between us and to use those recording in the process of that dispute.
19 COMPLAINTS
19.1 Complaints generally: If you have any complaints please contact us by telephone or using our relevant contact details that we’ve provided on the Site promptly. If the complaint:
19.1.1 is about the Booking Services, Watermouth Castle Other Services or Third Party Other Services, we shall deal with it on our own behalf as it relates to the Booking Contract between you and us; or
19.1.2. Complaints while at the Property: If you are still staying at the Property and wish to make a complaint, we would suggest that in the first instance you contact as soon as possible (and during the Holiday Period) This will give us the best opportunity to resolve your complaint during the Holiday Period.
19.2 Your legal rights: Nothing in this Complaints paragraph 19 affects your legal rights or any right you may have to bring legal proceedings.
20 OTHER IMPORTANT TERMS
20.1 Electronic communications: You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing. Where these Booking Terms say something is ‘in writing’ or similar, it includes by email.
20.4 Separate paragraphs: Each of the paragraphs of these Booking Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 Waiting to enforce a right: If we do not insist immediately that you do anything you are required to do under these Booking Terms, delay in taking steps against you in respect of you breaking a term of a Booking Contract or Booking Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but continue to provide the Watermouth Castle Other Services, then we can still require you to make the payment at a later date.
20.6 The law that applies to all this: Any Booking Contract is governed by English law.
20.7 If we ever need to go to court: You can bring legal proceedings in respect of any Booking Contract in the English courts. If you live in Scotland, you can bring legal proceedings in respect of any Booking Contract or Booking Contract in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of any Booking Contract or Booking Contract in either the Northern Irish or the English courts. If you are domiciled in a country of the European Union (such the Republic of Ireland) you can bring legal proceedings in respect of any Booking Contract in either the courts of the EU country where you are domiciled or the English courts.
20.8 Resolving disputes without going to court: Alternative dispute resolution is where an independent body considers the facts of a dispute and aims to settle it, without you having to go to court. If you are not happy with how we handled any complaint, you may want to contact an alternative dispute resolution provider.
21 CONTACT US
21.1 The Site is owned and operated by Watermouth Castle.
21.2 Our registered company number is 14707147 and our VAT registration number is 437124215.
21.3 Our contact details are as follows:
21.3.1 Postal address: Watermouth Castle, Berrynarbor, Ilfracombe, EX34 9SL 21.3.2 Email Address: info@watermouthcastle.com
21.3.3 Telephone number: 01271 500 287.