TERMS AND CONDITIONS OF SALE
1: THESE TERMS
1.1: What these terms cover. These are the terms and conditions which govern all bookings placed by you for hotel accommodation, restaurant reservations and excursions (Services).
1.2: Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2: INFORMATION ABOUT US AND HOW TO CONTACT US
2.1: Who we are. We are Ghenos LLP a limited liability partnership registered in England and Wales. Our registration number is OC396006 and our registered office is at 6 Claremont Buildings, Claremont Bank, Shrewsbury, Shropshire SY 1 1RJ. Our registered VAT number is 222 2947 25.
2.2: How to contact us. You can contact us by telephoning our customer service team at 07512 524 500 or by writing to us at firstname.lastname@example.org.
2.3: How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4: “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3: OUR CONTRACT WITH YOU
3.1: How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2: If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the booking. This might be because of lack of availability, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Service.
3.3: Your booking reference. We will assign a booking reference to your order and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.
3.4: Images on our website. Please note that all images on our website are for illustrative purposes only. They shall not from part of the contract between you and us nor will they have any contractual force.
4: YOUR RIGHTS TO MAKE CHANGES
4.1: If you wish to make a change to your booking please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the booking or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 6- Your rights to end the contract).
5: OUR RIGHTS TO MAKE CHANGES TO BOOKINGS
5.1: We reserve the right to cancel part or all of your booking. If we do so we will notify you as soon as possible and you may then contact us to cancel the contract and request a refund.
5.2: Reasons we may cancel part or all of your booking. Some of our excursions will be weather dependent and for the safety and enjoyment of our guest we reserve the right to cancel excursions. We also reserve the right to cancel booking at our discretion if we consider it appropriate to do so including but not limited to staff availability, safety and booking numbers.
5.3: We may also cancel the contract if you do not pay. If you do not pay us for the booking when you are supposed to (see clause 9.3) and you still do not make payment within 24 hours of us reminding you that payment is due, we may cancel the booking.
6: YOUR RIGHTS TO END THE CONTRACT
6.1: You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with your booking, how we are performing and when you decide to end the contract:
If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.
6.2: Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any part of your booking which has not been fulfilled by us and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the booking or these terms which you do not agree to (see clause 5.1);
we have told you about an error in the price or description of your booking and you do not wish to proceed;
there is a risk that we may not be able to perform part or all of your booking because of events outside our control;
you have a legal right to end the contract because of something we have done wrong.
6.3: Why you don’t have the right to change your mind. As the contract between us is for accommodation, catering and/or services related to leisure activities for a specific date you do not have a right to cancel the order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (Regulation 28(1)(h)).
6.4: Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you will not be entitled to a refund and may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault just contact us to let us know.
7: HOW TO END THE CONTRACT WITH US
7.1: Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 07512 524 500 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
7.2: How we will refund you. Any refund will be made to you by the method you used for payment.
7.3: When your refund will be made. We will make any refunds due to you as soon as possible.
8: OUR RIGHTS TO END THE CONTRACT
8.1: We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 24 hours of us reminding you that payment is due;
you, or any guest with in your party, behaves in a way in which we deem, in our reasonable opinion, to be inappropriate. This includes, but is not limited to, drunkenness, the use of illegal drugs and threatening or criminal behaviour.
8.2: You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we may, at our discretion, refund all, part or none of the fees paid by you for the Services.
8.3: Cancellation as a result of no-show. Your booking is for the date set out in your order. If you do not arrive for your booking by 11.00 pm on the day you are due to arrive your contract will be cancelled and you will not be entitled to any refund. In the event of arrival after 11.00 pm we will do our best to accommodate you but we cannot guarantee availability.
9: PRICE AND PAYMENT
9.1: Where to find the price for the booking. The price of the booking (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the booking advised to you is correct. However please see clause 9.2 for what happens if we discover an error in the price of the product you order.
9.2: What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our Services may be incorrectly priced. We will normally check prices before accepting your booking so that, where the booking’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the booking’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. 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, we may end the contract and refund you any sums you have paid.
9.3: When you must pay and how you must pay. We accept payment from all major debit and credit cards. You must make payment either in full or 30% of the booking fee for your booking at the time you place your order. Any outstanding payments will be requested six weeks prior to arrival. A damage deposit, 25% of your booking fee will be requested by Hencote 2 weeks prior to your arrival. Payment of this deposit and all other fees are required before guests may enter the property. The full deposit will be refunded if no damages are caused to the property at the end of the rental.
9.4: We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. 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.
10: OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1: We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors for fraud or fraudulent misrepresentation.
10.3: All bookings for excursions will be subject to further terms and conditions of the excursion operator which you will be made aware of prior to the excursion. We accept no liability in respect of these excursions and our contract with you is simply in relation to the booking of the excursion.
11: HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1: How we will use your personal information. We will use the personal information you provide to us:
to supply the services you;
to process your payment for the products; and
if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
11.2: We will only give your personal information to third parties where the law either requires or allows us to do so.
12: OTHER IMPORTANT TERMS
12.1: We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2: You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3: Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these 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.
12.5: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this 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.
12.6: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of any dispute arising as a result of your contract with us in the English courts.