Terms and Conditions

Hush Holiday Ltd

BOOKING TERMS & CONDITIONS

(updated on 13 Aug 2024)

Applicable to:

Seaview Palms.  4 Whiteladies.  Stoke Fleming.  Devon.  TQ6 0NR

and

Bosun’s Call.  First Floor Flat.  26 Fairfax Place.  Dartmouth.  Devon.  TQ6 9AB

Before booking, please read these conditions carefully. You are entering into a legally binding contract the terms of which are set out in these conditions.

Parties entering into the contract

The contract for a short-term holiday rental will be between Hush Holiday Ltd (referred to as “us’ or “we” or “our”) and the person in charge of the holiday party (the party leader) and all members of the party, referred as “you” or “your”. The party leader must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these conditions. 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 conditions. You are responsible for making all payments due to us.

Pricing

All prices are calculated per property and not per person.

All prices include all charges and any UK taxes or government charges which may apply to your booking at the time it is made.

We don’t charge for debit or credit card payments.

Payment

We accept payments made by either debit or credit card, or bank transfer.

All bookings made more than 42 days in advance of the requested holiday period incur a £100 deposit fee payable at the time of booking. The balance due must be received by us no less than 40 days prior to your arrival date at the property.

Bookings made within 42 days of your arrival date must be paid in full at the time of booking.

All bookings made within 7 days of your arrival date must be paid in full at the time of booking via bank transfer only.

Payments are only accepted in pounds sterling, and you must take any relevant bank charges and exchange rates into account if you are making a bank transfer, to ensure that we receive the correct amount in pounds sterling.

If we do not receive the balance of your payment by the appropriate date, we will send you a reminder. If we do not receive the balance within 1 day of sending out a reminder, we shall assume that you no longer require your booking. This incurs a cancellation of your booking when we will be entitled to retain the full deposit and re-let the property.

Booking acceptance

As long as the property is available and we have received any relevant payments, we will aim to provide written confirmation by email as soon as reasonably possible. Your binding contract with us will begin when we issue the written confirmation. We will give you written confirmation by email. It is your responsibility to check your emails regularly and to let us know about any changes to your email address.

We reserve the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money that you have paid to us. In this case, we will not have any legal responsibility to you.

Cancellation by you

We strongly recommend purchasing personal travel insurance prior to or shortly after placing a booking.

Any booking cancellations must be made in writing to us using our contact email address provided in the booking confirmation. The day we receive your notice by email to cancel is the date on which we will cancel your booking.

You shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of the cancellation.

The refund for the booking cancelled by you will be processed based on the calculation of the amount you paid to us minus Cancellation charge (please refer to the table below).

*If a booking has been paid by card through one of our designated payment processors, the refund for the booking will be processed using the same method. However, the payment processor does not refund payment processing fees, which will be deducted from the refunded amount. Therefore, when a refund is issued, the refunded monies will be reduced by the corresponding payment processing fees.

Please note: bookings cancelled due to personal circumstances i.e. testing positive for COVID-19, family members’ illness/passed away, urgent appointments and arrangements, vehicle problems, weather conditions, etc. will be treated equally in accordance with this paragraph.

The refund is given on request only.

For the avoidance of doubt, the cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to holiday accommodation (please see: https://www.legislation.gov.uk/uksi/2013/3134/contents/made).

For the avoidance of doubt the, the right to cancel does not apply and you confirm by signing these terms and conditions you waiver your rights under the online and distance selling regulations. 

Changes of booking

Any amendments to existing bookings must be made in writing to us using our contact email address provided in the booking confirmation. We will consider to make changes to your booking whenever it is possible. Changes to bookings requested by you will incur a £50 administration fee.

Possible changes to bookings subject to availability:

We will notify you if the changes are possible and which additional charges are incurred - prior to making changes to your booking. You must then inform us as soon as is reasonably practical whether you still wish to change your booking. If you inform us that you wish to proceed further, the written confirmation of change to your original booking will be issued by us and given to you by email. If you fail to inform us as soon as it is reasonably practical, your booking will be treated as remaining unchanged.

Cancellation by us

We do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled. We reserve the right to do this.

We will let you know about the cancellation or change. You should tell us as soon as is reasonably practical whether you wish to accept any change or wish to cancel the booking. In the unlikely event that you fail to tell us that you wish to accept any change, we are entitled to assume that you wish to cancel your booking. In the event of a cancellation or a significant change that is not acceptable to you, we will immediately refund all monies paid to us.

If we have to cancel your booking, we shall not be liable for any other changes, cancellations, costs, expenses, effect on your holiday, loss or damage suffered by you or for any failure by us to perform or properly or promptly perform any of our obligations to you.

Circumstances beyond our control (Force Majeure)

In these terms and conditions "Force Majeure" means any circumstances beyond our reasonable control including, without limitation: pandemic, epidemic, an outbreak of serious disease, natural disaster, fire, flood, snow, storm, war, acts of terrorism, riot, acts of government, failure of public utilities (including both intermittent and total failure) such as water, gas and electricity; accident; breakdown of equipment or machinery; road works, utility works, or building work on neighbouring properties and other circumstances affecting the supply of goods or services.

If for any reason your booking has to be cancelled in advance due to Force Majeure, we shall not be liable for a failure to provide you with accommodation and will not refund your rental payment. We strongly recommend you to take out personal holiday insurance inclusive of Force Majeure to cover cancellation.

We will not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by us to perform our obligations to you which is due to Force Majeure.

The property

Seaview Palms and Bosun’s Call are short-term holiday lets. The agreement to stay in the property for the holiday period does not create a relationship of Landlord and Tenant between the parties.

Maximum occupancy of the property is four adults and one infant in a travel cot. You must not allow more people to stay in the property. If you do, we can refuse to hand over the property to you, or can repossess it. We will treat this as you cancel 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 (including, 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 will not be under any obligation to find any alternative accommodation for you.

Caravans, campervans, motorhomes and trailers are strictly not allowed to park on our parking space at Seaview Palms due to a nature and restricted width of the parking space.

Arrival time at the property is 3 pm and departure is 10 am at Bosun’s Call or 11am at Seaview Palms. We reserve the rights to charge you an extra day if failure to vacate the property at a specified time has caused cleaners' delay. If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not let us know you are arriving late, we may treat your booking as having been cancelled by you. In this situation, we will not refund any money you have paid.

You agree that the property will be used for short-term holiday purposes only and not for business purposes. You may not re-let or sublet the property in any circumstances. You agree to respect the neighbours of the property, park your vehicles in consideration with them and keep the noise to a minimum between 10 pm and 8 am. We will refuse you entrance to the property or ask you to leave if we believe that you are behaving illegally, or is in breach of any condition of these Booking Conditions, or that any damage is likely to be caused, has been caused or is being caused by your behaviour. We will treat these circumstances as a cancellation by you.

You must keep the property clean and tidy and take care of its fixtures and fittings, furniture and appliances. You must leave the property in the state exactly as you found it at the beginning of your stay. You are responsible for any missing items, breakages and damage caused to or in the property. We reserve rights to demand extra payment for the damage caused by you. If in our cleaners' opinion, additional cleaning is required, you will be liable to us for the cost of this cleaning.

You must keep all the windows and doors (including the shed and the gate) locked when leaving the property unoccupied. We recommend locking the gate at all times even when you are at the property. We will not accept any liability for loss or theft of your belongings remaining at the property premises.

In case of emergency situations (such as repairs that need to be carried out or complaints have been received from you or a third party in regards to your occupation of the property), we reserve rights to enter the property without your consent if we cannot contact you in time.

Smoking, vaping, e-cigarettes are not permitted anywhere inside the property and only allowed outside the property boundary.

Candles and tea lights are not permitted inside the property.

We do not accept corporate, work-related or commercial bookings of any kind.

We do not accept hen, stag and other group parties. If you wish to book a stay for a same-sex group, please do get in touch with us first. Same-sex families are welcome.

Young pets (e.g. puppies) MUST be declared at the time of booking and authorised by the Owner. If a puppy or young pet (i.e. under 12 months) is taken to any property without the consent of Hush Holiday Ltd, this could result in you being asked to leave without compensation. When booking online it is advised you check the acceptance of your pet by emailing or noting it on the booking enquiry form.  We request that dog owners to observe the following (failure to do so may result in you being asked to leave without compensation):

Dogs must be under strict control at all times while in or at the Property;

Any fouling must be cleared up without delay;

Dogs MUST NOT be left alone in or at the Property or elsewhere at any time;

Dogs MUST NOT lie on beds or furnishings, and hair must be well cleared up before departing;

Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so will incur subsequent charges;

Safety and Security

For the security of our guests CCTV camera has been installed at the entrance to the properties.

Due to a potential fire hazard, guests are not permitted to bring their own portable electrical appliances such as portable heaters or fans, cooking appliances, electric blankets (with the exception of small appliances such as laptops, mobile devices, chargers etc.).

If you are bringing your own bikes/e-bikes, they must be stored outdoors. Please bring your own bike locks and bike covers. We will not accept any liability for theft or damage to your bikes. Bikes and e-bikes are not permitted inside the house. Offenders will be asked to vacate the property immediately; we will not refund money for your stay.

You are responsible for all key sets in your possession throughout your stay. If you lose or damage the keys or fail to return a set to a key safe at the end of your stay, we will be entitled to charge you the cost of the replacement.

Liability

We accept no liability for any damage or loss to your vehicle parked at our communal parking.

We accept no liability for loss or theft of your belongings remaining at the property premises, injury to you or your Guests during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.

We will not be liable for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.

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; or for breach of your legal rights in relation to the booking process including the right to receive services supplied with reasonable skill and care.

Complaints

We will do our best to make sure that you enjoy your stay at the property.

We check that everything featured on the property description and inventory is present and remains in good working condition. However, sometimes things can go wrong or previous guests haven’t reported a problem/damage/breakage. If you find something is missing or faulty, please contact us as soon as it is reasonably possible. The property is a normal domestic home so we cannot guarantee 24-hours maintenance service. But we will make all possible efforts to rectify an issue and put things right for you so you can still enjoy your holiday.  No form of compensation will be paid for any missing or faulty item.

Any complaints not reported to us at the time and only reported after the end of your stay will not be considered by us and will not result in any form of compensation.

Literature

We have compiled the information in our literature and on our Website as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside our control.

We make every effort to ensure that the Property reflects the details provided. The Guests accept that minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. If a facility is particularly important to you, please check with us prior to your booking.

Personal data

In order to proceed with your booking, we will need to collect and process your personal information.

We will only use your personal data fairly and lawfully for booking and billing purposes, in accordance with the Data Protection Act, General Data Protection (GDPR) legislation and our Privacy Policy.

We do not transfer your personal data to any third parties apart from our cleaner.

Personal data will be kept only for so long as is necessary for the specified purposes and will be deleted after in a secure manner.

We do not have any access to your debit or credit card details.

Disputes

These Booking Conditions and any contracts made under them are governed by English law and you must bring legal proceedings in respect of any such contracts in the English courts.

VAT and IPT

All prices quoted include VAT and Insurance Premium Tax where applicable at current rates.

Hush Holiday Ltd

Company Number 15658417

Registered office is at TRIDENT HOUSE C/O HOLTRAM TLPI LTD

TRIDENT BUSINESS PARK

DIDCOT

UNITED KINGDOM OX11 7HJ

help@hushholiday.co.uk