As at 19th June 2020
In these terms and conditions, ‘you’ and ‘your’ means all people named on the booking form and in the holiday party. ‘We’, ‘us’ and ‘our’ means Elaine Goulden, owner of Seashells. Seashells is the property 17 Preston Parade, Whitstable, Kent CT5 4AA.
When you book Seashells (by any means) you are entering directly into a contract with the owner of the property.
1 Making your booking
All bookings depend on the property being available. The person making the booking must be at least 18 years old at the time of booking. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these Terms and Conditions. The person making the booking is responsible for making all payments due to us and will take responsibility of the house.
No landlord/ tenant relationship is intended to be created. This is a Holiday Let.
For bookings made and no payment received, we will hold a booking for 48 hours to allow time for payment to be made. Once we have received the payment due, we will issue a Booking Confirmation email as soon as reasonably possible.
This Booking Confirmation email is our acceptance of your booking and the point at which a binding contract with the property owner will begin. If no payment is received within 48 hours then we assume the booking to be cancelled.
We have the right to refuse any booking before we send a booking confirmation email. If we do this, we will tell you by email and promptly refund any money you have paid to us. In this case we will have not have any legal responsibility to you.
The Booking Confirmation email will show your booking details and the amount you still owe (if applicable) for the booking. As soon as you receive this email, you must check the details carefully. If anything is not correct, you should tell us immediately. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
Once we have received a final balance payment we will send a separate email detailing arrival instructions.
At the time of booking, a 50% non refundable deposit is due. This 50% is calculated from total cost, plus £200 security deposit (see point 13 Security Deposit). On occasions, we will hold a booking for 48 hours to allow time for a payment to be made. This is to be paid by bank transfer. We only accept payment in Pounds Sterling. We must then receive the rest of the money owed no less than 8 weeks (56 days) before the start of your booking. If you book less than 8 weeks (56 days) before the start of your holiday, we must receive full payment at the time of booking.
If you do not pay any final balance payment due in relation to your booking by the appropriate date we are entitled to assume that you want to cancel your booking. In this case, we will be entitled to keep all deposits paid.
We may increase or reduce the prices of unsold inventory or correct mistakes in pricing at any time. The price to you is the price agreed at booking. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check all details at the time of booking.
All prices quoted or otherwise given to you include all charges. All prices are for the property and are not on a per person basis.
Our prices are inclusive of bed linen, bathroom towels and reasonable fuel & water usage. We reserve the right to invoice for any usage we feel unreasonable.
4 Website details
We aim to make sure that the information provided is presented accurately on our website, third party listing sites and in other promotional literature or material we produce and provide. There may occasionally be small differences between the actual property and its description. This is usually because we are always aiming to improve services and facilities. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website or advertised elsewhere. We make reasonable efforts to make sure that information we give you about the property and its facilities or services, is accurate and complete on the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, unless this was caused by our negligence.
5 Changes to your booking
a) Changes by you
If you want to change any detail of your confirmed booking (e.g. change dates), we will do our best to make the changes. We must receive this request by email from the person who made the booking. We can only make changes to your confirmed booking if the new dates are available. We cannot guarantee this request.
There is a £25 administration fee for any changes made to bookings. If we are unable to make the change requested, the original booking will continue to be valid unless cancelled in accordance with these Terms and Conditions.
b) Changes by us
If in the unfortunate event we have to make changes to your booking (e.g. serious repair work needed at the property you booked) we will refund all sums paid by you for this booking. This will be our only obligation or liability to you in such circumstances.
a) Cancellations by you
If you have to, or want to cancel your booking, you must email us at email@example.com as soon as possible. The day we receive your notice by phone to cancel is the date on which we will cancel your booking. Where you cancel the booking (irrespective of the reason for cancellation) a cancellation charge will be due in respect of our lost costs as follows:
Number of days before the start date of your holiday that we receive your notice to cancel Cancellation charge
More than 8 weeks (56 days) Full deposit (including any balance of the deposit due)
Less than 8 weeks (55 -0 days) Total cost (accommodation cost)
We strongly recommend you have adequate insurance in place to cover yourself for cancellation. We cannot be held liable for any cancellation costs incurred by you in the event of cancelling your holiday with us.
b) Cancellations by us
We do not expect to have to make any cancellation or changes to your booking. However, in exceptional circumstances we have the right to do so. We will contact you as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change.
7 Events beyond our control
We will not be legally responsible either jointly or individually for any compensation if we are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we could not, even with all due care, expect or avoid, including: natural disaster; acts of terrorism; malicious damage; keeping to any law or governmental order, rule, regulation or direction; insolvency or bankruptcy of an owner; fire, flood, snow or storm; other circumstances affecting the supply of goods or services.
7a Infectious Diseases
In the event you or your party display signs of or have any infectious disease including COVID-19, you must advise us immediately. Should quarantine or isolation occur at Seashells of Whitstable you will be liable for the weekly tariff and or compensation due to following guests cancellation. You will be liable for the cost of professional clean according to government guidelines.
8 Our legal responsibilities to you
We cannot be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond our control.
We ensure the facilities within the house are working properly. We cannot be held responsible for the breakdown of equipment such as; boilers, washing machines, dish washers, fridges, freezers, hairdryers, TV, oven or hob nor for the failure of public utilities such as broadband, water, gas and electricity. It is your responsibility to notify us immediately so we may action the necessary works or repair.
We recommend that you take out travel insurance to cover you for your total stay.
In particular we strongly recommend you have adequate insurance in place to cover yourself for cancellation. We cannot be held liable for any cancellation costs incurred by you in the event of cancelling your holiday with us.
10 Disabilities and medical problems
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us as early as possible. If we reasonably feel unable to properly meet that person’s particular needs, we can refuse or cancel the reservation.
11 Your property
Arrival and departure – You can arrive at your property at/after 4 pm on the start date of your rental period. You must exit the property by 10am prompt on checkout day. Our Housekeeper is remunerated from 10am and requires the full time until 4pm to service the house. Should you exit later than 10am there will be a charge of £20 per hour. This can be taken from your deposit or paid by bank transfer with agreement.
You must also remove your vehicle from the grounds at this time.
Condition of use – You and all members of your party agree to keep the property, its contents and outdoor areas, clean and tidy, to leave the property in the same condition as you found it when you arrived, and to behave in a way at all times while at the property which does not break any law. You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted i.e. third party booking.
You are responsible for the actual costs of any breakage or damage in or to the property – along with any extra costs that may result – which are caused by you or any members of your party. We can ask for an extra payment from you to cover any related costs including extra cleaning costs. We can refuse to allow you into the property or ask you to leave if we reasonably believe you or any member of your party is behaving illegally, or that any damage is likely to be caused, has been caused or is being caused by the behaviour of you or any members or your party. We will treat these circumstances as a cancellation by you.
Courtesy – we ask you to show courtesy to the occupants of other nearby properties in particular in terms of noise, parking and tidiness of any shared facilities
Parking – Preston Parade is a privately run estate. It does NOT allow parking anywhere along the road (including grass verge/ in front of peoples’ houses). Parking MUST be restricted to our space – in front of the house. Cars parked elsewhere are subject to removal without warning at your cost. We do NOT accept any responsibility for vehicles on our premises. Do not leave your vehicles on our drive after checkout of 10am.
High Sided Vehicles/ Caravans – Caravans and Motorhomes are prohibited from being on view by the Granville Estate. Therefore, we cannot accept vehicles of this kind to be parked on our premises.
Garden – Please exercise caution when using the garden. Exercise caution on decking areas as these will become slippery when wet. Please use at your own risk. We accept no responsibility for damage or injury caused whilst using the outsides areas of the house.
House security – It is the person who made the bookings’ responsibility to ensure Seashells is locked and secure at all times. They accept responsibility for any damage or loss incurred from not having secured the property during their rental period.
Maximum occupancy – You also must not allow more than 6 adults to stay overnight in the property. You cannot significantly change the number of adults or children during your stay. (For example, if you book for two adults and two children, you cannot arrive with four adults and no children.)
Bins & Recycling – You are under obligation to ensure all items are sorted and placed in the correct bins. That you shall move outdoor bins to the edge of the drive if you stay falls on and includes a Sunday. You will be liable for £15 per hour sorting charge should you fail to recycle.
Usage – You must not hold events (such as parties, celebrations or meetings) at the property without our advanced consent. If you do any of these things, we can refuse to hand over the property to you, or can repossess it. If we do this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking. And we will not be legally responsible to you as a result of this situation. (This will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation.) We are not under any obligation to find any alternative accommodation for you.
You must allow us or a representative (including workmen) access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, we can enter the property at any time without giving you prior notice).
Wi-Fi – The advised download speed supply is 6.1 mb. Wifi is supplied by BT through the Sky TV package we will not be held accountable for supply speed or usage capability.
Electric Vehicles – You are not authorised to charge vehicles using house electricity, this is not covered under our insurance.
Pets – Pets are not allowed in this property unless by prior arrangement. Dog owners agree to clean/ vacuum/ wash any areas soiled by pets e.g. vacuum fur & debris. If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in the property, nor can we accept any responsibility for any subsequent health reaction. If evidence found of pets on bedding, the guest will be liable to pay for new bedding. An additional cleaning fee of £50 will be charged if animals are brought into the house without prior consent. It is the responsibility of the pet owner to ensure no excessive noise and disturbance is made by the pet. Please adhere to the Local ByLaws applied on the beach.
Pets Conditions – Pets are prohibited upstairs, on all beds, in all bedrooms and on furniture. Owners are prohibited to use human blankets and towels for pets. Owners must bring their own pet towels/ blankets and pet beds. Pet soiling and toileting in the garden is prohibited, should pet feces be found in the garden a removal charge of £50 will apply.
Smoking – this property is non-smoking and under no circumstances must smoking occur inside the property, garden or front of house. If smoking elsewhere on the estate please ensure you take your litter with you and do not discard waste on the grounds. A removal fee of £50 will apply if litter/ cigarettes are left on the premises including the outdoor areas.
Baby equipment – we will provide one travel cot, one highchair and one stair gate. You must bring your own cot linen. We will leave the equipment for arrival and will leave travel cots for you to erect (instructions will be provided) in the bedroom of your choice. You should check the age appropriateness of all equipment for your minors prior to use. You should check all baby equipment before use and make sure you use it responsibly. We do not accept responsibility for personal injury as a result of using this equipment. You must report to us immediately if you feel the equipment has been tampered with or is unsafe.
Safety – Guests must accept responsibility for their own and their children’s safety. Baby equipment, play equipment, any amenities or equipment provided must be used at your own risk. We accept no responsibility for personal injury to any guests or consequential loss or damage to their property.
Liability – The use of the Property and its grounds and any facilities is entirely at the risk of the person who made the booking and their party. No liability is accepted for loss, damage, sickness or injury, howsoever caused which may be sustained during the holiday to any member of the party, any car, its contents or any possessions of the party. The person who made the booking is responsible for ensuring that their party are fully aware of all booking conditions and have appropriate holiday insurance in place. This does not exclude liability which cannot by law be excluded.
13 Security deposit
We ask for £200 security deposit, for each booking, which we will return by bank transfer to the person who made the booking as soon as possible following your departure (less any costs for breakages, damage and so on, if it applies). This is not included in the holiday prices shown on our website. This deposit must be transferred with the final payment balance.
14 Left Property
We do not offer a Property Return service. All items left at the property will be disposed of. We do not accept any responsibility to notify you of items left behind.
15 Special Requests
If you have any special requests, you must let us know when you make a booking. Although we cannot guarantee that any request will be met. Confirmation that we have noted a special request or passed it on to a service provider, or of the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we fail to meet any special request, it will not mean we or they have broken your contract.
Our policy is to deal with complaints as soon as they arise, both promptly and in a positive manner. Should something go wrong, or you wish to give feedback or raise a complaint, please contact us immediately, since it is often difficult to investigate or deal with complaints once you have returned home. Therefore, regrettably, Seashells is unable to accept complaints or claims once a holiday is completed. This does not affect your legal rights.
17 Governing law
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you must agree that any dispute will be dealt with by the courts of England and Wales.
18 Communicating with you
We are GDPR compliant. To process your booking we will need to collect and process personal information. We require an opt in in order to contact you about special offers that we think will interest you. We will not pass your details onto third parties.
We are committed to protecting the privacy and security of your personal data and only use this information to provide the services that you have requested from us. Our privacy procedures have been implemented to comply with the new GDPR which is effective from May 25, 2018.
How we collect data: We have access to your data once you book directly and via Airbnb or an external company. We may collect data when you contact us to make an enquiry or direct booking by phone, email, text or otherwise.
What information do we collect: When you make an enquiry, reservation or register with us the data collected by us may include your name, address, contact details, numbers in your party, names of persons in your party over the age of sixteen, holiday dates, date the booking was made, how payment will be made/ was made.
When you make a general enquiry about a stay with us we may hold the information that you provide us with to answer or respond to the enquiry.
How we use your data: We use your data to allow us to provide you, the holiday maker with a means of renting and paying for holiday accommodation and to communicate with you about the aforesaid.
We use your data to improve our business offer to you.
We use your data to fulfil our legal obligations.
We will only disclose data to the third parties mentioned above to the extent that it is necessary to run our business. E.g. names and dates of stay provided to Housekeeper.
How long do we retain your data: We retain data that is required in order to fulfil our legal obligations to retain records for tax reasons for seven years.
Security of personal data and information: We take appropriate and proportionate measures to secure your personal information and data and to protect it against unlawful use and/or accidental loss. Access to data held by us is limited to the owner of Seashells.
Your rights: You may request us to provide you with any personal data we hold about you. Provision of this information is subject to you providing us with appropriate evidence of your identity.
You have the right to have your personal data corrected, have your data removed, restrict or object to the processing of your data, receive a copy of the data we hold about you, complain to a supervisory authority in the UK. This authority is the Information Commissioner’s Office (ICO).
Note that during the booking process you are able to opt in to receiving any future marketing and promotional emails, however, you will be required to receive communication relating strictly to your booking.
Revision 1 – 24th May 2018