These booking terms and conditions of business are a contract between us Whitby Escapes, the managing agent, and you, the person making the booking, including all adult members of your party who will be staying in any of our properties.
1.1 This agreement is made on the basis that the property is to be occupied by you for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions) and that you acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
Agreement for Occupation
2.1 The managing agent permit the client to occupy the property, such occupation being by the guest personally only and to use the owners’ furniture and effects for the accommodation period. All visitors to the rental are the responsibility of the guest.
2.2 You must be 18 years or over when you book your accommodation.
2.3 You may arrive at your accommodation after 2pm (except if it is stated different) on the start day of your booking and, unless otherwise agreed, you must leave by 1030am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you.
2.4 If the number of people permitted to occupy an apartment is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to cancel the booking.
Payments and Cancellations
3.1 A 25% deposit including a £25 booking fee is required to secure bookings made more than 30 days before your check-in date.
3.2 The total balance of the booking is due a minimum of 30 days prior to your check-in date.
3.3 Bookings made within 30 days of the check-in date must be paid for in full.
3.4 Your outstanding balance is due 30 days prior to your check-in date. If payment of the balance is not made on or by 30 days before your check-in date we reserve the right to cancel the booking and retain the deposit.
3.5 Should you cancel more than 30 days before your arrival, you will be refunded your deposit less the £25 booking fee.
3.6 Cancellations inside 30 days may be liable for 100% of the booking value. In this instance we will attempt to resell the booking. Where this is possible we will refund your deposit less the £25 booking fee.
3.7 Any cancellation must be notified to us in writing by email to firstname.lastname@example.org. The day we confirm receipt of your written notification of cancellation is the date on which your booking is cancelled.
3.8 The managing agent may, at its own discretion, waive its rights to cancellation fees.
3.9 The managing agent reserve the right to charge the client up to seven (7) working days after the client stayed in the property in the event of any the following:
3.10 We expect the accommodation to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge. All debris, rubbish and discards should be placed in rubbish bins, and soiled dishes are placed in the dishwasher and cleaned.
3.11 Where there is evidence of guests smoking within the apartment, we reserve the right to charge £200 for specialist cleaning.
3.12 Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
Cancellation or Changes to your booking by us
4.1 In the unlikely event we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible. If possible we will offer alternatives but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation.
4.2 We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care.
Death, Personal Injury or Loss of Property
5.1 We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
5.2 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
5.3 Cars and their contents are parked at owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
6.1 We cannot be held responsible for any failure or interruption to services to the room or apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.
Wireless Broadband Internet
7.1 Wireless Broadband Internet is available, however, the managing agent will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless broadband internet is not a contractual provision. The managing agent does not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses.
8.1 Pets are not permitted in any case.
8.2 Not to do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 11pm and before 7am can be reported to the local Council.
8.3 Ensure that at the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition and make good, pay for the repair or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.
8.4 Not assign, underlet, sub-licence, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
8.5 Not leave the entrance door or windows to the property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the accommodation or during bad weather.
8.6 To report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to resist from attempting to remedy such problem on their own.
8.7 To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The managing agent accepts no liability for mis-use of products supplied.
These conditions and terms of contract and all matters arising therefrom are subject to the law of England & Wales and in the event of a dispute; you will be subject to the exclusive jurisdiction of the courts of England & Wales.
Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“Managing agent” “Us” or “We” refers to Whitby Escapes offering apartments on behalf of the property owners.
“Client” is the person who arranges the accommodation – they could also be the guest.
“Guest” is the person who resides at the property including all adult members of your party – they could also be the client.
“Agreement” means this agreement;
“Apartment or property” – is an accommodation managed by Whitby Escapes on behalf of the owner(s)
“Booking” means an offer from you to us to hire one of our apartments on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.
“Furniture and Appliances” means such furniture and appliances usually found within the apartment and any other items, which we agree to provide;
2 Church Square, Whitby, YO21 3EG