In these Booking Conditions "we", "us", "our" and "the Company" means North Yorkshire Coast Holidays.
The Company arranges bookings of properties as agent of the owners (the "Owner") of such properties. When you book a property through the Company you enter into a contract with the Owner of that property.
The Company is responsible for the administration of your booking, but, except where otherwise stated in these Booking Conditions, does so solely on behalf of and as agent for the Owner. References to "you" and "your" mean the person making the booking (the "party leader") and all members of the holiday rental party who have been accepted by the Company on behalf of the Owner (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with the Owner. They also deal with the Company's position. Nothing in these Booking Conditions affects your normal statutory rights.
1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. By making the booking, the party leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The party leader is responsible for making all payments due to the Company. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or the Company for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Company issues a written confirmation (see below) to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Company on behalf of the Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Company does this, the Company will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Company immediately.
Please note we will provide you with your written confirmation by email or post if you do not have an email facility.. If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation by email. If you book by post or telephone we will send your confirmation by email or post if you do not have an email facility.. All references to "your written confirmation" therefore means confirmations provided by post or email. It is your responsibility to check your emails regularly and to advise of any change to your email address.
2. Paying for your property
When you book your property you should pay the amount then due by debit or credit card, by Bank Transfer or by sending a cheque to the Company. If you are booking more than 90 days in advance you must pay a 20% Deposit (minimum £100). Providing the booking can be confirmed, the Company on behalf of the Owner will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Company no less than 90 days before your arrival date at the property. If you book less than 90 days before your arrival date, payment of your total holiday cost is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking.
The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. As changes and errors occasionally occur, you must check all details of your chosen holiday (including the price) at the time of booking.
All prices quoted on North Yorkshire Coast Holidays website or otherwise advised to you are inclusive of any applicable taxes or governmental levies. Should the rates of such taxes or levies be increased then you may be required to pay this increased amount. Alternatively, if the rate of any applicable tax or levy included in the quoted price is decreased, so that a lower rate applies to your holiday, then the price of your holiday may be reduced accordingly.
If you pay by credit card the Company will make a charge of up to .52% for each payment made this way to recover the credit card company's charges to the Company.
Occasionally, offers are made giving you the chance to book properties at a lower than usual rate. Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Conditions. If you book a property at a lower than usual,rate, you also agree to pay the difference between the amount paid and the usual deposit, either at the time the balance of your total holiday cost is due, or at the time of cancellation if you cancel your booking. If you cancel you must also pay all other applicable cancellation charges. Please refer to Sections 3 and 8 for details regarding cancellations. If any payment you make is not honoured for any reason whatsoever, the Company is entitled to make an administration charge of £25.
If any payment due in relation to your booking is not paid by the appropriate date, the Company on behalf of the Owner is entitled to assume that you wish to cancel your booking. In this case, the Company on behalf of the Owner will be entitled to keep all deposits paid or due at that date. The Company normally sends out a reminder to you before your booking is cancelled. If the Company does not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Section 7 depending on the date the Company on behalf of the Owner reasonably treats your booking as cancelled.
3. Cancellations or changes to your booking by the Owner or the Company
Neither the Owner nor the Company expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Company will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by email) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, the Company or the Company on behalf of the Owner will, if possible and as soon as reasonably practical, offer the party leader an alternative property (from the range advertised by the Company) of similar type and standard in a similar location for the same or similar time of year. If you accept this alternative property, you will not be required to pay any more than the price you paid for the original property. However, if you do not wish to accept the alternative property the Company offers you, you may choose any other available alternative. As the alternative property is likely to be owned by a different Owner to that of the original property booked, the advertised cost of the alternative property will be payable. However, it is possible you may be able to claim any price difference (if the alternative property is more expensive than the original one) from the Owner of the original property. Obviously, if the alternative property is advertised at a lower price, you will receive a refund (if you have already paid the balance of your total holiday cost) of the price difference. If you do not wish to accept a significant change or any alternative property offered or the Company cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund of all monies paid to the Company. So as to keep any period of uncertainty to a minimum, the Company will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell the Company as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell the Company that you wish to accept any change or alternative property the Company is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Company.
Please note the above options are not available where any change made is a minor change.
Where your booking is significantly changed or cancelled, you will also be offered compensation by the owner if and as appropriate and subject to your providing proof of loss. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from "force majeure" (please refer to Section 4 below) or where you have refused, without good reason, to accept an alternative property you have been offered. Please note, no compensation is payable for minor changes. No compensation is payable and the above options will not be available if the Company cancels your booking as a result of your failure to comply with any requirement entitling the Company or the Owner to cancel (such as paying on time). A minor change is a change which, taking into account the information you gave at the time of booking or which we or the Owner can reasonably be expected to know, we or the Owner (as applicable) could not reasonably expect to have a significant effect on your confirmed booking.
4. Circumstances beyond the control of the Owner/the Company (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, the Owner and the Company shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner and/or the Company to perform or properly or promptly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner or the Company (referred to as "force majeure" in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner or the Company) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the Company on behalf of the Owner will, however, refund to you all monies paid to the Company by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by either the Owner or the Company to you.
5. Brochure details
The Company aims to ensure that the information provided by Owners is accurately conveyed on North Yorkshire Coast Holidays website and other promotional literature or material produced and circulated by the Company. However, the information and prices on the website/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of website/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Company at the time of booking. There may be small differences between the actual property and its description, as both the Company and the Owners are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Company will tell the party leader as soon as reasonably practical after the Company becomes aware of the situation. Neither the Owner nor the Company can accept responsibility for any changes or closures to area amenities or attractions mentioned on the website, or advertised elsewhere. The Company makes reasonable efforts to ensure that information supplied to you in relation to the property or its facilities and/or services is accurate and complete as at the date given. As the Company acts only agent for the Owner the Company cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services except in the case of the negligence of the Company. The Company will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information contained on our website or otherwise provided to you as soon as reasonably practical after the Company becomes aware of the change or inaccuracy.
The Owner and the Company shall have no liability for any death or personal injury unless, in the case of the Company, this results from the negligence of the Company or its employees (providing they were at the time acting in the course of their employment) or, in the case of the Owner, it results from the Owner's negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or the Company in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment) or, in the case of the Company, where the damage or loss is caused by the negligence of the Company or its employees (providing they were at the time acting in the course of their employment). As the Company acts only as agent for the Owner, the Company cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Further, the Company cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owner.
Except where loss of and/or damage to luggage or personal possessions is concerned, for all other claims which do not involve death or personal injury, if the Company is found liable to you on any basis, the maximum amount the Company will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Additionally, the Company cannot accept liability for any business losses.
Nothing in this Section 7 or elsewhere in these Booking Conditions will exclude or limit any liability the Owner and/or the Company may have to you for (a) any fraudulent act or omission or (b) liability under Part 1 of the Consumer Protection Act 1987 (or any replacement, variation or amendment thereof) PROVIDED ALWAYS that nothing in this Section 7 will confer on you any right or remedy to which you would not otherwise be entitled by law.
Please also refer to Section 4 (Force Majeure) above.
7. Changes & Cancellations
If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made, an administration fee of £35 will be payable to the Company, together with any other resulting costs.
However, it is important to understand, that a change of property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred (see cancellation table below). The decision is at the Company's discretion and the party leader will be advised, once a decision has been made.
If you have to, or wish to, cancel your booking, the party leader must telephone the Company on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing. The day the Company receives your notification of cancellation is the date on which your booking with the Owner is cancelled.
Depending on the amount of notice given, you may receive a refund authorised by the owner, excluding any charges you have already incurred. The Company will also retain a cancellation administration fee of £35 per booking.
Regardless of the reason for your cancellation, the following sliding scale applies, which is based upon the amount of notice given.
Number of Days Prior to Arrival notice is Received Cancellation Charge
70 Days + Full deposit + admin fee
50 - 69 Days Full deposit + admin fee + 50% balance
35 - 49 Days Full deposit + admin fee + 75% balance
0 - 34 Days Full deposit + admin fee + 100% balance
(iii) Curtailment of your holiday
No refund of any monies received will be given due to the curtailment of your holiday, as per the sliding scale above.
8. Your property
You can arrive at your property at any time after the time stated on the property description on the website or in some cases the time may be amened on your confirmation letter; on the start date of your holiday rental. You must leave by 10.00am on the last day. If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact the person whose details you will be given when phoning to advise of your approximate arrival time.so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
Some Owners may require you to pay a security deposit on arrival. If this applies to your chosen property you will be advised of the amount at the time of booking. The security deposit will be refunded by the owner at the end of your holiday rental (less any costs for breakages, damage etc if applicable - see below).
You and all members of your party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by the Company on behalf of the Owner. You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you. You also must not allow more people than the brochure states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). The Owner or the Company will also not be obliged to find any alternative accommodation for you.
If you take a pet with you, it is not allowed on beds or furniture. Pets should not be left unattended in the property. Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all properties featured on our website even where the property description states that pets are not allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.
You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owner and the Company are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the owner, any queries or concerns should be addressed to them. It is essential that you contact the Owner or his/her representative immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified. Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If, after this, you feel that the problem has not been resolved to your satisfaction, then the party leader must, within 30 days of returning from your holiday rental, put your complaint in writing to the Company. This will then be passed on to the Owner. Send your letter by recorded delivery to the Company's Office at 2 Castle Hill, Hunmanby, Filey, N Yorkshire, YO14 0JX, marked for the attention of the Director. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help the Owner and the Company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate. As the Company acts only as an agent for the Owner, the Company cannot accept any liability for your property. Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.
10. Communicating With You
For the purposes of the Data Protection Act 1998, North Yorkshire Coast Holidays is the sole data controller of all personal data provided to the Company by customers and prospective customers. In order to process your booking the Company needs to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements.
If the Company needs any other personal details, it will tell you before it obtains them from you. The Company needs to pass on your personal details to the companies and organisations who need to know them so that your holiday rental and any travel-related services (if any) can be provided (for example the property owner(s), and any key holder(s) of such property (if not the property owner(s)), other suppliers, agents, your credit/debit card company or bank, or for verification of details relating to your holiday rental and any travel-related services booked.
Such individuals, companies and organisations may be outside the European Union, Norway, Iceland and Liechtenstein. Data protection legislation in those countries may differ from that in the UK.
The Company also needs to process and store your personal details for their own administration, market analyses and operational reviews. The Company would also like to store and use your personal details for future marketing purposes (for example, sending you emails or details of promotions and offers which the Company feels may be of interest to you). All details you give to the Company at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
The Company may disclose customers' names, contact details and booking preferences to any other trading division of the Company, to the Company's parent company, North Yorkshire Coast Holidays, or to any company within the North Yorkshire Coast Holidays Group, such as LucusLand Holiday Cottages, etc, or any subsidiaries of such companies who offer goods or services which the Company feels may be of interest to you.
Occasionally, the Company may sell or provide customers' names, contact details and any booking preferences to other individuals, companies and organisations authorised by the Company who offer goods or services which the Company feels may be of interest to you. The companies, organisations and third parties to whom the Company discloses customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this Section. If you do not wish to receive any or all of the communications set out in this Section, then please let the Company know as soon as possible by telephone, letter, e-mail or fax. The Company is entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to the Company or subsequently.
Except where expressly permitted by the Data Protection Act 1998, the Company will only deal with the personal details you give to it as set out above unless you agree otherwise. You are generally entitled to ask the Company (by letter, fax or e-mail) if and how it is processing your personal details. The Company is entitled to charge a fee in responding to such a request. The Company promises to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by the Company). In certain limited circumstances the Company is entitled to refuse your request. The Company may also record or monitor telephone calls to and from the Company without notification for staff or training purposes.
The contract between you and the Owner is subject to English law and no other, and is formed in Yorkshire, England. It is agreed that any dispute you may have with the Owner or the Company will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of Scotland or Northern Ireland respectively.
12. Your rights
Your statutory rights are not affected by anything contained within these Booking Conditions.
13. These Terms and Conditions
These Booking Conditions were updated in September 2013 and the prices and booking conditions supersede all previous editions. Prices and booking conditions may be superseded by subsequent editions.
North Yorkshire Coast Holidays
4B Bridlington Street, Hunmanby, Filey, YO14 0JR