1. Who your agreement is with.
When you book your holiday your agreement will be with Staycation Breaks. (“Staycation Breaks”, “we”, “us”, “our”). See the bottom on clause 36 for further information. Please carefully read these terms as they set out ‘our’ respective rights and obligations. In these terms, references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom the booking is added or transferred to and any permitted day visitors to ‘your’ accommodation
2. Booking
2.1 There will be a contract
between ‘you’ and ‘us’ when we send you a booking confirmation. These terms
are part of ‘your’ contract with ‘us’.
2.2 The person
making the booking accepts the contract on behalf of all members of ‘your’
party and is responsible for making sure they accept the contract; and
accepts financial responsibility for payment(s) of the booking on behalf of
all members of the party.
2.3 ‘We’ do not accept
bookings from anyone under the age of 18 years old. All guests not over 18
years old must be accompanied by a parent or
guardian.
2.4 You must ensure that all the information
you provide ‘us’ in connection with ‘your’ booking is true, accurate,
current and complete.
2.5 If any of ‘your’ details
change, ‘you’ must promptly update ‘your’ details. If you or any member of
‘your’ party has any medical problem or disability that may affect ‘your’
booking, please tell ‘us’ before ‘you’ confirm ‘your’ booking and give ‘us’
full details in writing as early as possible before ‘you’ travel. if ‘We’
are unable to make reasonable adjustments to meet that person’s particular
needs, ‘we’ can refuse or cancel the reservation.
2.6 If
‘you’ have any special requests, ‘you’ must let’ ‘us’ know when ‘you’ make a
booking and confirm them in writing. Although ‘we’ will try to pass any
reasonable requests on to the site, ‘we’ cannot guarantee that any request
will be met. Confirmation that ‘we’ have noted a special request or passed
it on to the Resort, or the fact it is shown on ‘your’ written confirmation
or any other document, is not confirmation that the request will be met. If
‘we’ or the Resort fail to meet any special request, it will not mean ‘we’
or the Resort have broken’ your’ contract.
2.7 If the
accommodation is available and ‘we’ have received all the relevant payments
from ‘you’, ‘we’ will give ‘you’ written confirmation of ‘your’ booking as
soon as reasonably possible. This confirmation will show ‘your’ booking
details, the amount ‘you’ have paid and the amount ‘you’ still owe for the
booking.
2.8 ‘Your’ binding contract with ‘us’ will
begin when ‘we’ issue ‘you’ or ‘your’ travel agent the written confirmation
on behalf of ‘us’ and ‘you’ have made the appropriate payments to ‘us’ or
‘your’ travel agent.
2.9 If ‘you’ pay the deposit, it
does not mean ‘we’ have accepted a booking unless ‘we’ have issued ‘you’
with written confirmation. Please do not make any other travel arrangements
(such as flights) until ‘we’ have issued you with a written
confirmation.
2.10 If ‘you’ book with ‘us’ online, ‘we’
will acknowledge that ‘we’ have received ‘your’ booking and then later send
‘you’ ‘your’ confirmation by email. It is ‘your’ responsibility to check
‘your’ emails regularly and to let ‘us’ know about any change to ‘your’
email address.
2.11 Where ‘we’ offer the option of a
provisional telephone booking, the accommodation will be released for
general sale after the agreed time period unless ‘you’ confirm the booking
by making the appropriate payment.
2.12 ‘We’ have the
right to refuse any booking before ‘we’ send ‘you’ written confirmation. If
‘we’ do this, ‘we’ will tell ‘you’ in writing and promptly refund any money
‘you’ have paid to ‘us’. In this case, ‘we’ will not have any legal
responsibility to ‘you’.
2.13 As soon as ‘you’ receive
your confirmation, ‘you’ must check the details carefully. If anything is
not correct, ‘you’ should tell ‘us’ immediately. ‘We’ have no responsibility
for any errors in any documentation, except where an error is made by
‘us’.
2.14 If ‘you’ book through a travel agent, ‘we’
will send ‘your’ confirmation and any other documentation to ‘your’ travel
agent.
2.15 Even if ‘we’ have sent a written
confirmation, ‘we’ have the right to cancel a booking where there are
reasonable grounds to believe that
(i) it is not
legitimate;
(ii) ‘you’ are likely to breach these
booking conditions;
(iii) information supplied by ‘you’
in relation to ‘your’ booking is incorrect; or
(iv)
‘you’ have behaved in a vexatious, abusive, or unlawful manner to ‘us’ or to
‘our’ staff. If ‘we’ cancel ‘your’ booking in these circumstances, ‘we’ will
tell ‘you’ in writing and ‘we’ will have any legal or financial
responsibility to ‘you’.
3. Payment of Booking Deposit
3.1 If ‘your’ booking is made 8
weeks prior to the start of ‘your’ stay ‘you’ are required to make a
non-refundable deposit of 10% of the total amount to be
paid.
3.2 The remainder of the total amount to be paid
must be received by ‘us’ by no later than 8 weeks before the day of arrival
for the stay with ‘us’ as specified in the confirmation of the
booking.
3.3 When the booking(s) is made within 8 weeks
before the start of ‘your’ stay, the total amount must be paid immediately.
Failure to make payment(s) in accordance with the above may result in ‘us’
refusing ‘you’ the use of the accommodation and/or other
facilities.
3.4 Should the amount(s) not have been paid
promptly ‘you’ shall be in default immediately upon expiry of the payment
term.
3.5 In such event ‘we’ shall be entitled to
dissolve (cancel) the agreement and ‘you’ shall be liable for any loss
incurred or yet to be incurred by ‘us’ in connection with ‘your’ booking and
the dissolution thereof.
3.6 ‘We’ shall, in any event,
be entitled to charge cancellation costs for each accommodation.
4. ‘Your’ use of the booking
4.1 The accommodation that we
advertise is offered by ‘us’ for the sole purpose of holiday letting and
must never be occupied as ‘your’ principal home. Accordingly, ‘you’ agree
and accept that ‘you’ are not offered any rights to the accommodation other
than the right to occupy the accommodation as holiday accommodation for the
period of ‘your’ booking.
4.2 No booking of any kind is
an ‘Assured Shorthold Tenancy’ or protected under the Protection from
Eviction Act 1977, or any similar legislation that applies in Scotland. Our
booking services with ‘you’ are available for ‘your’ personal,
non-commercial use only.
4.3 ‘You’ must not permit
anyone who is to your knowledge on or ever has been on the Sex Offenders
Register compiled under the Sex Offenders Act 1997 to use or visit the
Holiday Home.
4.4 You may not offer for resale any booking services without our express permission.
5. Amendments to the agreement
5.1 If after the booking has
been made, you wish to make any amendments to the agreement, ‘We shall not
be obliged to accept.
5.2 Changing dates of arrival
and/or location from 28 days before arrival are not permitted. In these
cases, the cancellation costs as shown in clause 13.6 will apply.
6. ARRIVE AND DEPARTURE
6.1‘You’ can arrive on the first
day of the booking date of ‘your’ accommodation at any time after 16:00,
unless ‘we’ state otherwise in ‘your’ confirmation.
6.2
‘You’ must leave before 10:00am on the day of
departure.
6.3 If ‘you’ arrive on the first day of
‘your’ booking after 18:00 then ‘you’ will need to contact the ‘Resort’. If
‘you’ do not ‘you’ may not be able to access ‘your’
accommodation.
6.4 If ‘you’ still have not arrived by
12:00am on the second day of the booking period and ‘you’ do not advise the
‘Resort’ that ‘you’ are arriving late, ‘we’ may treat ‘your’ booking as
having been cancelled by ‘you’. In this situation, ‘you’ will not be
refunded any money ‘you’ have paid.
7. Damages
7.1 ‘You’ are responsible for
all guests staying at the accommodation and the things they do (and do not
do) even if ‘you’ do not stay at the accommodation during the booking
period.
7.2 ‘You’ are responsible for and agree to
reimburse to ‘us’ as a result of any breakage or damage in or to the
accommodation which is caused by ‘you’ or any members of ‘your’ party or any
other persons invited into the accommodation by ‘you’. By entering into this
agreement ‘you’ agree ‘we’ can ask for an extra payment from ‘you’ to cover
any such costs.
7.3 ‘We’ expect the accommodation to be
left in a reasonably clean and tidy state on departure. If, in ‘our’
opinion, additional cleaning is required, ‘you’ will be liable to ‘us’ for
the cost of this cleaning.
7.4 If ‘you’ discover that
anything is missing or damaged on arrival, please notify ‘us’ immediately.
8. Unreasonable behaviour
8.1 ‘We’ can refuse to hand over
‘your’ accommodation if the unreasonable behaviour of anyone in ‘your’ party
is likely to cause offence to other guests, members of staff or neighbours,
or if ‘we’ have reasonable cause to believe ‘you’ or any member of ‘your’
party will cause damage or loss to the accommodation, its services or
facilities. If this happens, the contract between ‘you’ and ‘us’ will end
and ‘you’ will not receive any refund and ‘we’ will have no further
responsibility to ‘you’.
8.2 ‘We’ can end a stay after
the keys have been handed over to you, if the unreasonable behaviour of
anyone in ‘your’ party (including anyone invited into the accommodation by
you) is likely to spoil the enjoyment, comfort or health of other guests,
residents, neighbours or members of staff or where ‘you’ or any member of
‘your’ party (or anyone invited into the accommodation by ‘you’) has broken
or is likely to break any of these booking conditions, the terms and
conditions or any other terms and conditions applicable to the accommodation
which ‘you’ have been told about. If this happens, ‘you’ will have to leave
the accommodation immediately and no refund will be given. ‘You’ may also be
liable for any costs ‘we’ incur as a result of ‘your’ behaviour.
9.No Smoking
All accommodation are no smoking (including e-cigarettes).
10. Linen, towels and keys.
Except for cots, bed linen is provided (unless stated otherwise). This may be duvets or blankets and sheets. Please take bed linen for cots with ‘you’ as required. Towels are not normally provided (unless stated otherwise).
11. Pricing
11.1 ‘We’ keep the prices
charged under constant review and the prices of unsold accommodation may be
increased or decreased at any time. ‘We’ may also correct mistakes in the
pricing of unsold accommodation at any time. ‘We’ will confirm the price of
‘your’ booking when ‘you’ make it. As changes and mistakes can happen, ‘you’
must check the price and all other details of ‘your’ chosen accommodation at
the time of booking.
11.2 ‘You’ are required to pay ‘us’
the agreed amount as specified in the confirmation for the reservation.
‘You’ are also required to pay the reservation fee and the specific
administration or other fees charged for ‘your’
booking.
11.3 Any discounts and/or special offers
available, where relevant, cannot be invoked once ‘we’ have issued the
confirmation for the reservation.
11.4 All prices are
inclusive of VAT, where applicable, unless otherwise
stated.
11.5 ‘We’ are entitled to implement and pass on
price increases resulting from any interim amendments of statutory
regulations and/or provisions (including but not limited to VAT, tourist
tax, insurance tax) over which Resort has no
control.
11.6 Electricity, gas and water costs are
within the price at the time of booking.
12. Changing your booking
12.1 If ‘you’ want to change any
detail of your confirmed booking, ‘you’ must notify ‘us’ via your online
account or by calling ‘us’ as soon as possible and ‘we’ will do ‘our’ best
to arrange the changes.
12.2 Changes can only be
accepted with ‘our’ agreement. ‘We’ cannot guarantee that ‘we’ will be able
to meet ‘your’ request.
12.3 If ‘we’ can facilitate
‘your’ change, ‘you’ will be asked to pay ‘us’ an administration charge of
£35 for each change, which will be charged on ‘our’
behalf.
12.4 ‘We’ may treat changes to ‘your’ dates or
accommodation as a cancellation of the original booking and if so, ‘you’
will have to pay cancellation charges if ‘you’ decide to go ahead with the
change.
13. Full customer cancellations
13.1 This clause does not apply
to any cancellations due to government public health measures for Covid-19,
which is covered by clause 15 (Cancellations due to government public health
measures for Covid-19).
13.2 If ‘you’ have to, or want
to, cancel ‘your’ booking after it has been confirmed, ‘you’ must phone ‘us’
on the number shown on ‘your’ booking confirmation as soon as possible. The
day ‘we’ receive ‘your’ notice by phone or via ‘your’ online account (where
available) to cancel, is the date on which ‘we’ will cancel ‘your’
booking.
13.3 ‘You’ will have to pay a cancellation
charge based on the number of days before the arrival date at the
accommodation that ‘we’ receive notice, as shown in the table below. This
means that if ‘you’ have already paid the full balance of ‘your’ total
booking cost and then have to, or want to, cancel, ‘you’ may receive a
refund of part of the cost. However, if ‘you’ have not yet paid ‘your’ total
booking cost by the time of ‘your’ cancellation, ‘you’ may have to make a
further payment to cover the cancellation charge.
13.4
For the purpose of the table below (clause 13.6), total accommodation cost
means accommodation rental price plus any extra items charged such as
charges pets, highchairs, cots etc..
13.5 The
cancellation charges below have been calculated as a genuine pre-estimate of
the losses incurred in the event you cancelled ‘your’ booking within the
stipulated time period.
13.6 If ‘you’ or a member of
your party are prevented from travelling, ‘you’ or the individual party
member may be able to transfer ‘your’ or their place to somebody else,
introduced by ‘you’, subject to the following conditions.
(i) ‘We’ are notified not less
than 7 days prior to arrival;
(ii) ‘You’ pay any
outstanding balance payments, an amendment fee of £25.00 for each change as
well as any additional fees, charges and other cost arising from the
transfer; and
(iii) The person to whom the booking is
being transferred agrees to these terms & conditions and all other terms
of the contract between “us”
| Number of days | Cancellation Charge |
| Number of days before the start date of ‘your’ trip that ‘we’ receive your notice to cancel (or on which ‘you’ are deemed to have cancelled) | Cancellation charge (in addition to any Enhanced Cancellation Terms fee or administration fee ‘you’ have already paid which are non-refundable,deposit non refundable in all cases.) |
| More than 57 days | Deposit Non Refundable |
| 43 to 56 days | 60% of total accommodation cost |
| 29 to 42 days | 75% of total accommodation cost |
| 8 to 28 days | 90% of total accommodation cost |
| 7 days or less | 95% of total accommodation cost |
| Non-attendance | 100% of total accommodation cost |
14. Cancellations due to government public health measures for Covid-19.
14.1 If ‘you’ have to cancel ‘your’ booking because UK government public health measures imposed as a result of the Covid19 pandemic mean it is unlawful to travel to or to make use of the accommodation ‘you’ booked, you may choose to:
(i) transfer ‘your’ booking to a
later date free of any administration charges, subject to availability –
‘you’ will have to pay any difference in price if the cost of the new
booking is higher or be reimbursed the difference if the cost of the new
booking is lower;
(ii) request a voucher with a
redemption value equal to the amount previously paid by ‘you’ for the
booking – the voucher terms and conditions will be available to ‘you’ before
‘you’ make ‘your’ choice under this clause; or
(iii)
obtain a refund of the amount already paid by ‘you’ for the booking, less
any administrative costs which ‘we’ incur in processing ‘your’ refund.
14.2 ‘You’ will have to contact ‘us’ in order to access these options.
15. Part Cancellations
15.1 If any person(s) in ‘your’
party needs to cancel, this will not affect the total cost of ‘your’
booking.
15.2 No refunds are payable in the event that
‘you’ cut short ‘your’ stay.
16. Changes by ‘us’
16.1 ‘We’ do not expect to have
to make any changes to ‘your’ booking. However, sometimes bookings have to
be changed or mistakes have to be corrected. ‘We’, have the right to do
so.
16.2 If ‘we’ do need to make changes, ‘we’ will
contact ‘you’ by phone if reasonably possible in the case of a significant
change or by email in the case of a minor change as soon as is reasonably
practical. ‘We’ will explain what has happened and let ‘you’ know about the
change. However, ‘we’ will have no further liability to ‘you’.
17. Cancellations by ‘us’
17.1 If ‘we’ cancel ‘your’ booking or are prevented from providing the accommodation ‘you’ have booked, ‘you’ may choose to:
(i) accept alternative
accommodation – ‘you’ will have to pay any difference in price if the cost
of the new accommodation is higher or be reimbursed the difference if the
cost of the new accommodation is lower;
(ii) request a
voucher with a redemption value equal to the amount previously paid by ‘you’
for the booking – the voucher terms and conditions will be available before
‘you’ make ‘your’ choice under this clause; or
(iii)
obtain a refund of the amount already paid by ‘you’ for the booking.
17.2 ‘We’ will contact ‘you’ to inform you of these options.
18. Events Beyond ‘Our’ Control
18.1 Except where otherwise
expressly stated in these Terms and Conditions ‘we’ will not be liable or
pay ‘you’ compensation if ‘our’ contractual obligations to ‘you’ are
affected by “Events Beyond ‘Our’ Control”.
18.2 For the
purposes of these Terms and Conditions, Events Beyond ‘Our’ Control means
any event beyond ‘our’ control, the consequences of which could not have
been avoided even if all reasonable measures had been taken. Examples
include warfare and acts of terrorism (and threat thereof), civil strife,
significant risks to human health such as the outbreak of serious disease at
the travel destination (including epidemics, pandemics and the ongoing
effects of the Covid -19 pandemic or similar epidemics or pandemics or
natural disasters such as floods, earthquakes or weather conditions which
prevent ‘you’ from travelling to the travel destination and/or make it
impossible to travel safely to the travel destination or remain at the
travel destination, the act of any government or other national or local
authority including port or river authorities, industrial dispute, labour
strikes, lock closure, natural or nuclear disaster, fire, chemical or
biological disaster, unavoidable technical problems with transport and all
similar events outside ‘our’ control).
19. Pets
19.1 Pets are not allowed unless
‘we’ offer pet accommodation on the website. ‘You’ must add ‘your’ pet to
‘your’ party at the point of booking.
19.2 Failure to
advise a pet in ‘your’ party will result in a charge for deep
cleaning.
19.3 ‘We’ recommend that any dog must have
insurance which included sufficient pet liability cover and
‘you’ are
always wholly responsible for the supervision and behaviour of ‘your’
pet.
19.4 If ‘you’ take a pet with ‘you’ it is not
allowed, on beds or furniture, or in any shared facilities, such as swimming
pools or shops.
19.5 ‘You’ must not leave any pets
unattended in the accommodation, including any garden, and ‘you’ must keep
dog(s) on a lead within the boundaries of an
accommodation.
19.6 Children must not be left alone with
any animal. Registered assistance dog(s) are allowed in most accommodations
featured on ‘our’ website, even if the accommodation description says that
pets are not allowed.
19.7 If ‘you’ or any member of the
party has a pet allergy, we cannot guarantee that dogs, or other pets, have
not stayed in ‘your’ chosen accommodation, even if it is advertised as a
non-pet unit. ‘We’ do not accept any responsibility for an subsequent health
reactions.
19.8 It is ‘your’ responsibility to make
specific enquiries before booking.
19.9 ‘You’ should
also read the information on taking pets on holiday included on ‘our’
website. If there is a charge for taking a pet, ‘you’ will be told at the
time of the booking.
20. Maximum Occupancy
20.1 ‘You’ must not allow more
persons to stay overnight at the accommodation than you have booked
for.
20.2 ‘You’ cannot arrange for visitors to the
accommodation without the advance consent of ‘us’.
20.3
‘You’ must not hold events (such as parties, celebrations or meetings) at
the accommodation without the advance consent from
‘us’.
20.4 If ‘you’ do any of the things, ‘we’ can
refuse to hand over the accommodation to ‘you’, and/or ask ‘you’ to leave
the resort.
20.5 If this does happen, ‘we’ will treat
this as ‘you’ are cancelling the booking.
20.6 In these
situations, ‘you’ will not receive a refund of any money ‘you’ have paid for
‘your’ booking.
20.7 ‘We’ will not be legally
responsible to ‘you’ as a result of this situation (for example, for any
costs or expense ‘you’ have to pay due to not being able to stay in the
accommodation, such as the cost of finding alternative
accommodation).
20.8 ‘We’ are under no obligation to
find any alternative accommodation for ‘you’.
21. Liability
21.1 Other than to the extent
prescribed by the Resort Proprietors Act 1956, the Resort shall not be
liable for loss or damage to any property brought onto Resort property by
‘you’ and you acknowledge that such property will remain under ‘your’ care
and control.
21.2 The Resort shall not be liable for any
loss of profit, loss of revenue, loss of anticipated saving, loss of
business opportunity, damage to reputation or loss of goodwill, loss or
corruption of data, loss or damage resulting from third party claims, or
indirect or consequential losses suffered by ‘you’.
21.3
The provisions of the Resort Proprietors Act 1956 shall apply in respect of
guests who have engaged sleeping accommodation at the Resort, and for all
other instances, the Resort’s liability to ‘you’ shall be limited to the
sums paid or payable by ‘you’ under the terms of this Agreement at the date
of the incident giving rise to any claim.
21.4 Nothing
in this Agreement shall limit or exclude the liability of the Resort for
death or personal injury suffered by ‘you’ as a result of the Resort’s
negligence.
21.5 ‘You’ will be liable for and shall
respond directly to all claims for damage or injury caused by ‘you’. In
particular, you agree to indemnify the Resort from and against any and all
claims by third parties (including the employees, agents, sub-contractors
and guests in connection with the Agreement).
21.6
Notwithstanding the foregoing, ‘you’ shall not be liable for claims of death
or injury resulting solely by the negligent acts or omissions of the Resort.
22. Termination
22.1 The Resort reserves the
right to exclude or eject any person from the Resort property who the Resort
reasonably considers to be disruptive to Resort operations, may damage the
Resort’s reputation or is otherwise objectionable. In such instances, ‘you’
shall be immediately notified and shall fully indemnify the Resort in
respect of any and all claims resulting from the removal of such person from
the Resort property.
22.2 Either party may cancel this
Agreement by 30 days’ notice in writing at any time, subject to the clause
13.
22.3 Termination is without prejudice to the rights
of either party in connection with this Agreement.
23. Force Majeure
23.1 The Resort will not be liable for failure to comply with this Agreement to the extent such compliance is prevented, hindered or delayed by any cause beyond its reasonable control, including but not limited to fire, storm, explosion, flood, Act of God, action of any government or governmental agency, shortage of materials of goods, strike or lock-out, terrorism occurring in the vicinity where the Resort is located, pandemic (“Force Majeure Event”). In such circumstances, the Resort shall use reasonable endeavours to mitigate the effect of a Force Majeure Event on the performance of its obligations including (without limitation):
(i) using reasonable endeavours
to offer ‘you’ alternative comparable facilities;
or
(ii) cancel the Agreement and refund the amounts
already paid by ‘you’ in full and final settlement of all claims, and, in
such case, the Resort will have no further liability to
‘you’.
(iii) If a Force Majeure Event prevents, hinders
or delays ‘your’ performance of its obligations under this Agreement, ‘you’
may terminate the Agreement immediately by giving written notice to the
Resort and receive a refund of full amounts already paid by ‘you’ in full
and final settlement of all claims, and, in such case, the Resort will have
no further liability to you.
24. Website Detail.
24.1 ‘We’ aim to make sure that
information provided by ‘us’ about ‘our’ accommodation and its facilities or
services (if applicable) is accurate and complete on the date given.
Descriptions are intended to present a general idea of the accommodation and
do not constitute any advice or recommendation by
‘us’.
24.2 Not all details of the relevant facilities
can be included on ‘our’ website. Furthermore, there may be small
differences between the actual accommodation and its description.
Occasionally, some facilities or services (if applicable) may not be
available or may be restricted. If this happens, ‘we’ will tell ‘you’ as
soon as reasonably practical after ‘we’ become
aware.
24.3 Where WI-FI is an advertised facility, its
provision is subject to availability and network conditions. It may not be
available 24 hours a day and is provided for pleasure, not for business
purposes.
24.4 We cannot accept responsibility for any
inaccurate, incomplete or misleading information about any accommodation or
its facilities and services that ‘we’ pass on to ‘you’ in good faith, unless
this was caused by ‘our’ negligence. If ‘we’ become aware that such
information is not true, ‘we’ will promptly correct
it.
24.5 ‘We’ cannot accept responsibility for any
changes or closures to local services or attraction mentioned on ‘our’
website.
25. Data Protection
25.1 Each party shall comply
with the obligations that apply to it under any applicable Data Protection
Legislation.
25.2 The parties agree that in respect of
any Personal Data provided by ‘you’ to the Resort for the purposes of this
Agreement, ‘you’ shall be the “controller” (as defined in Data Protection
Legislation) and ‘we’ shall be the “processor” (as defined in Data
Protection Legislation). ‘You’ agree that it shall ensure that the Personal
Data it provides the Resort pursuant to this Agreement complies with
applicable Data Protection Legislation. The Resort agrees to comply with
applicable Data Protection Legislation when processing the Personal
Data.
25.3 For the purposes of this clause 25: “Data
Protection Legislation” means Data Protection Act 2018, the EU Data
Protection Directive 95/46/EC, the EC Regulation 2016/679 on the protection
of natural persons with regard to the processing of personal data and on the
free movement of such data (GDPR), the Privacy and Electronic Communications
(EC Directive) Regulations 2003 and all applicable laws and regulations
relating to the processing of personal data and privacy, including where
applicable, any guidance notes and codes of practice issued by the European
Commission and applicable national Regulators including the UK Information
Commissioner. “Personal Data” means data which relates to a living
individual (data subject) who can be identified (a) from that data, or (b)
from that data and other information which is in the possession of, or is
likely to come into the possession of the data controller and includes any
expression of opinion about the data subject and any indication of the
intentions of the data controller or any other person in respect of the data
subject.
26. Confidentiality
26.1 Each party receiving
information from the other party (“receiving party”) shall keep in strict
confidence all information which may reasonably be deemed to be of a
confidential nature (“Confidential Information”) and have been disclosed to
the receiving party by the other party (“disclosing party”), its employees,
agents or subcontractors.
26.2 The receiving party shall
only disclose such confidential information to those of its employees,
agents and subcontractors who need to know it for the purpose of discharging
the receiving party’s obligations under the Agreement, and shall ensure that
such employees, agents and subcontractors comply with the obligations set
out in this clause as though they were a party to the
Agreement.
26.3 The receiving party may also disclose
such of the disclosing party’s confidential information as is required to be
disclosed by law, any governmental or regulatory authority or by a court of
competent jurisdiction; where such information becomes public knowledge
other than through the receiving party’s breach; where the Confidential
Information was, is or becomes available to the receiving party on a non-
confidential basis from a person who, to the receiving party’s knowledge, is
not bound by a confidentiality agreement or otherwise prohibited from
disclosing the information to the receiving party; or with the disclosing
party’s written consent.
26.4 This clause shall survive
termination of the Agreement.
27. Waiver
27.1 No failure or delay by a
party to exercise any right or remedy provided under this Agreement or by
law shall constitute a waiver of that or any other right or remedy, nor
shall it prevent or restrict the further exercise of that or any other right
or remedy.
27.2 No single or partial exercise of such
right or remedy shall prevent or restrict the further exercise of that or
any other right or remedy.
28. Parking
Each lodge accommodation comes with one allocated park space.
29. Remedies
Each right or remedy of the parties under the Agreement is without prejudice to any other right or remedy of the parties whether under the Agreement (or any part of it) or not.
30. Housekeeping
Housekeeping services charges are included in payment mentioned above. Housekeeping services shall include but not be limited to change of bedsheets, towels etc.., cleaning of carpet, toilets, furniture and other such housekeeping services shall be done on each change over period (Prior to ‘your’ visit).
31. Severance
If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.
32. Third party rights
The parties do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.
33. Assignment
Neither party shall assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under this Agreement, nor appoint any sub-agent without the prior written consent of the other party.
34. Entire agreement
This Agreement sets out the entire agreement between the parties in relation to its subject matter and overrides any prior correspondence or representations. All prior correspondence between the parties is superseded by this Agreement and shall be deemed to have no effect.
35. Governing Law
This Agreement is governed by the laws of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
36. Trading Name
Staycation Breaks is the trading name of the holiday resorts in Staycation Breaks Portfolio as listed below:-
36. Hot tub rules.
Please read and understand our hot tub rules if your accommodation includes a hot tub, and before using it: Hot Tub Rules