Terms & conditions
Accessibility - Fire statement
Please be aware that in the event of a fire the lifts are not accessible to our guests. In the event of a fire that requires guests to evacuate the apartments ALL guests need to be able to evacuate using the external staircase. Should a guest require assistance to do so this assistance must come from someone within your booking party and not a member of the public or Westbeach staff. We have several ground floor apartments and where possible, upon request, will issue these to guests with disabilities. Please inform us prior to booking if you require a ground floor apartment, bookings made without prior request will not be refunded in the event of this notice not being read.
Bookings Terms & Conditions
Reservations of all holiday accommodation whether made by telephone, email, in person, in writing or from the internet are accepted by WESTBEACH HOLIDAY APARTMENTS , on the following conditions. WESTBEACH HOLIDAY APARTMENTS which is a family owned private limited company incorporated & Registered in England & Wales No. 10760450
Registered Office: The Custom House, The Strand, Barnstaple, Devon EX31 1EU
1. CONTRACT OF HIRE
WESTBEACH HOLIDAY APARTMENTS act only as Agents for owners, and are not Principals in the matter and so the hiring contract will be between you the Hirer and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire. The Contract of Hire is governed by English law and jurisdiction and is not effective until WESTBEACH HOLIDAY APARTMENTS dispatch to the Hirer written confirmation of the holiday booking. The contract is for the hire of the property for holiday purposes only. We do not accept bookings from Hirers under 18 years of age.
2. INITIAL PAYMENT
Bookings will be reserved upon receipt by WESTBEACH HOLIDAY APARTMENTS of the required deposit payment of 50% of the total holiday cost, comprising cottage rental and any additional charges – e.g. pets. If the booking is made within eight weeks of the holiday commencement date, the full accommodation rental will be required at the time of booking. Deposits can be paid by debit card or credit card or BACS transfer. In the case of web bookings, these can be paid online through our secure payment system.
3. BALANCE PAYMENT
The Balance of the Hire will be due for payment eight weeks before the holiday commencement date. On receipt of the Balance Payment, advice on key collection arrangements and directions to the property will be sent to the Hirer in the week leading up to the arrival date. The Owner/WESTBEACH HOLIDAY APARTMENTS reserves the right to cancel a holiday where full payment has not been received less than 28 days before the holiday commencement date. The deposit paid on the booking is non-returnable.
4. METHOD OF PAYMENT
Cheques can only used upon prior agreement and should be made payable to WESTBEACH HOLIDAY APARTMENTS with Booking Reference written on the back. There is no charge for Debit or Credit Card payments.
5. CONFIRMATION OF BOOKING
Once WESTBEACH HOLIDAY APARTMENTS has issued a Confirmation of Booking, the Hirer is responsible for the total published price of the holiday let and extras as shown on the confirmation. Amendments to bookings, where applicable, will be subject to an administration fee of £50. WESTBEACH HOLIDAY APARTMENTS reserve the right to adjust prices quoted in the brochure, on our website or on details to properties, due to errors or omissions.
6. BOOKING CANCELLATION
If you are forced to cancel your holiday you must inform WESTBEACH HOLIDAY APARTMENTS as soon as possible. The day we receive your notice to cancel is the date on which we will cancel your booking with the owner. Depending on your reason for cancellation, you may, at our sole discretion, receive a refund of all money you have paid to us for your booking less credit-card charges, and a handling charge of 10% of the overall rental cost. In all other cases, you will remain liable for full payment unless we are able to re-let all or part of the period booked, in which case WESTBEACH HOLIDAY APARTMENTS will consider a refund, less any credit-card charges, and a handling charge of £90. See Cancellation/Curtailment Policy for full details.
7. PETS
We do allow pets to stay at the apartments, there is a small charge for this, please request this at time of booking, and for prices.
8. AMENITIES
The Owner/WESTBEACH HOLIDAY APARTMENTS will not be liable to you, any member of your party or person visiting the property during the period of your hire of it for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstance. You also accept that WESTBEACH HOLIDAY APARTMENTS in acting as agent for the owner will not be liable for any negligence on the part of the Owner resulting in loss, injury or accident.
9. PARTY NUMBERS/COMPOSITION
In no circumstances may more than the maximum numbers of persons, as stated in the brochure/website, occupy a property. The Owner/WESTBEACH HOLIDAY APARTMENTS reserve the right to refuse admittance if this condition is not observed. No refunds will be given if admittance has been refused for this reason. Further, where properties specify a minimum age limit for customers, in no circumstances may any persons under the specified age limit, as stated in the brochure/website, occupy a property. The Owner/WESTBEACH HOLIDAY APARTMENTS reserve the right to refuse admittance if this condition is not observed. No refunds will be given if admittance has been refused for this reason. The person who completes the booking, i.e. the lead name, certifies that he or she is authorised to agree to the Booking Conditions on behalf of all members of the party, including any changes. The lead name must be over 18 years and a member of the party occupying the property. The lead name agrees to take responsibility for all members of the party. The Owner/WESTBEACH HOLIDAY APARTMENTS reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.
10. YOUR RESPONSIBILITIES
For the whole of the period included within your booking, you will be responsible for the property and will be expected to take all reasonable care of it. The property and all equipment and utensils must be left clean and tidy at the end of the hire period. If a property is not left clean and tidy, any additional cleaning costs will be charged to the hirer. Should there be any specific health or mobility difficulties which may affect a party member; this must be pointed out at the initial reservation stage so that the suitability of the property can be assessed. The property must be vacated by 10.00 am on the day of departure, along with any parking provision.
11. DAMAGE
All damages and breakages are the legal responsibility of the Hirer and should be reported immediately and before the end of the holiday. The reasonable costs of miscellaneous repairs to and/or replacement of and/or additional cleaning of furnishings, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of Hire by you or other members of your party shall be payable on demand to the WESTBEACH HOLIDAY APARTMENTS who may also, at their discretion, refuse further bookings. The Owner/WESTBEACH HOLIDAY APARTMENTS has the right to enter the property (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out). The Owner/WESTBEACH HOLIDAY APARTMENTS reserves the right to repossess the Holiday Home at any time where you or any member of your party has caused damage, and in such circumstances the Owner/WESTBEACH HOLIDAY APARTMENTS shall not be liable to make a refund of any remaining portion of the hire terms paid.
12. LITERATURE
The Owner/WESTBEACH HOLIDAY APARTMENTS take every care to ensure the accuracy of the property descriptions. All information on the WESTBEACH HOLIDAY APARTMENTS website is given in good faith and is believed to be correct at the time of going to press, but the Owner/WESTBEACH HOLIDAY APARTMENTS cannot be held responsible for changes beyond their control, which may become known after publication of this literature. In addition, whilst properties may be described as non-smoking or no pets, this cannot be guaranteed. Please be aware that if a property is advertised as having an enclosed garden, this does not necessarily mean a secure garden. It may be enclosed by hedging or open style fencing. The Owner/WESTBEACH HOLIDAY APARTMENTS description of an apartment shows what amenities that property has but generally does not state what is not in the self-catering property.
13. AVAILABILITY
The Hiring Contract is made on the understanding that the holiday home and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of the Owner/WESTBEACH HOLIDAY APARTMENTS then the Owner/WESTBEACH HOLIDAY APARTMENTS may be forced to cancel the booking and you will be advised as early as possible. Where possible, you will be offered suitable alternative accommodation, which, if not acceptable, will entitle you to a refund of all monies due. You will not as a result have any further claims against WESTBEACH HOLIDAY APARTMENTS or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you and accepted a deposit.
16. COMPLAINT PROCEDURE
If the Hirer wishes to make a complaint about anything connected with its hire of the property it should contact WESTBEACH HOLIDAY APARTMENTS as soon as reasonably possible prior to departure. In the event the Hirer does not have phone reception at the location where they are staying, the Hirer must make reasonable efforts to make a call from a nearby public telephone, send us an email or visit our office.
WESTBEACH HOLIDAY APARTMENTS will then either pass the complaint on to the Owner of the property to deal with or it may consider the complaint and take action to resolve this itself as soon as reasonably practicable. Please note, as per clause 1 above, the contract of hire is between the Hirer and the Owner of the property and whilst WESTBEACH HOLIDAY APARTMENTS may act on a goodwill basis as arbiters between the Hirer and the Owner to resolve any dispute it cannot be held liable if one or both parties are dissatisfied with the outcome.
In no circumstances can compensation be made for any complaints that are made after the hire has ended, or where the Hirer has denied WESTBEACH HOLIDAY APARTMENTS or the Owners of the property the opportunity to address the issue during the Hirer’s stay.
Neither WESTBEACH HOLIDAY APARTMENTS or the Owners of the property accept responsibility for work taking place outside the boundary of the property, or for noise or nuisance resulting from third party activity over which WESTBEACH HOLIDAY APARTMENTS or the Owners of the property have no control.
17. DATA PROTECTION
WESTBEACH HOLIDAY APARTMENTS will process your data in accordance with its Privacy Policy which can be here [INSERT LINK HERE] and which also details your rights and how to contact us in relation to any data protection queries.
At all times your data will be held securely and protected in line with WESTBEACH HOLIDAY APARTMENTS obligations under UK data protection legislation. Your party names and contact details will only be shared with the Owner in order to allow the Owner to manage your holiday and give you the best possible experience.
If you request that we pass on supplementary information that you wish to provide to the Owner, for any reason, then we will do so. WESTBEACH HOLIDAY APARTMENTS will securely hold that information on your behalf as part of your booking record unless you ask us to delete it. Any such information is provided at your sole request and discretion, and WESTBEACH HOLIDAY APARTMENTS bears no responsibility for its accuracy or contents.
18. LEGAL
In the event of any dispute between parties it shall be referred to the jurisdiction of the English courts only and any actions shall be heard in the court for the area in which the property is situated. Any contract between the parties shall be governed by English law and jurisdiction. Any disputes arising between you and the Owner/WESTBEACH HOLIDAY APARTMENTS , if not mutually resolved, shall be referred to a single arbitrator agreed, or in the default of such agreement, to the President for the time being of the Law Society or Institute of Arbitrators. In either case, such arbitration would be subject to the provisions of the Arbitration Act of 1996 or any statutory modification thereof for the time being in force. All parties will contribute equally to the cost of Arbitration.