HOLIDAY LETTING TERMS AND CONDITIONS
1.1 Talland Bay Ltd ("the Company") arranges letting of holiday accommodation on behalf of owners of such accommodation (the “Owner"). The person who makes the booking (the “Tenant”) agrees to enter into a contract with the Owner and agrees to the following terms and conditions.
1.2 The Owner enters into a binding contract with the Tenant when the Company issues the rental confirmation (the “Confirmation”) as agent for the Owner.
1.3 The Tenant is responsible for the payment of the price of the rental, and for ensuring that all members of his party comply with these conditions and the general rules of The Bay Talland. The Tenant must be aged 21 or over at the time that the Confirmation is issued.
2.1 Bookings must be accompanied by the payment of the required deposit. The Company shall not be deemed to have accepted a booking until this has been received and the Confirmation has been issued.
2.2 The balance must be paid not later than six weeks before the commencement of the holiday. Failure to pay by this time will constitute cancellation by the Tenant, in which case condition 4 will apply. The Company's normal practice is to send at least one reminder before processing such cancellations. If the Tenant books the holiday less than six weeks from its commencement, the full rental amount shall be payable immediately.
2.3 The price payable for the holiday is inclusive of all fees, charges and VAT and includes linen and cleaning at the end of the stay.
2.4 Where the Tenant pays for any part of the cost of the holiday by credit card, the Company reserves the right to levy an additional charge to cover credit card fees. There is no charge for payment by debit card.
2.5 Talland Bay Ltd take a security bond of £250 on arrival which will be reclaimed against any outstanding balances from the guests stay e.g. hot tubs, phone calls. The bond will also be held against any damage made to the property.
3. Alterations or Cancellation by the Company
3.1 In the unlikely event that, where a Tenant is not in breach, it shall be necessary for the Company to make an alteration to or cancel the booked accommodation, the Company shall notify the Tenant and seek to offer alternative holiday accommodation of a similar standard to that originally requested.
3.2 In the event that the Tenant, within 14 days of notification, deems this alternative unacceptable, the Company shall refund in full all monies paid and shall not be under any further liability.
4. Cancellation by the Tenant Any cancellation made by the Tenant shall be made in writing or by email to the Company. Should this notification be received more than six weeks prior to the commencement date of the holiday, the deposit paid will be retained and no further sums due. Should the Tenant cancel the booking within six weeks of the commencement date, the full price of the rental will be retained.
5. Corrections Upon receipt of the Confirmation, the Tenant will check the details and the Company must be notified of any corrections within 14 days. After this time, the Company reserves the right to treat a change of property and/or holiday dates, at the request of the Tenant, as a cancellation of one holiday and the booking of another, in which case Condition 4 will apply.
6.1 The Company makes all reasonable efforts to ensure that property descriptions supplied by Owners are correct and information in the website/brochure is believed to be accurate although minor variations can occur.
6.2 Owners reserve the right to make minor modifications to the property specifications that are considered necessary in the light of operating requirements including the right to alter or delete furniture, fittings, amenities, and facilities, without prior notice.
6.3 Talland bay is in a rural location, and we have had to restrict high bandwidth usage websites on the internet e.g. Sky Go
6.4 Facilities on site are subject to change without notice.
7. Rental Properties & Facilities
7.1 The number of people using the holiday accommodation shall not exceed the maximum number stated without prior written agreement from the Company. In the event that the maximum is exceeded without such agreement the Owner reserves the right to refuse or revoke the booking at his/her sole discretion. This would be treated as a cancellation by the Tenant, and condition 4 above will apply.
7.2 Seaview Properties - Car access allowed at the beginning and end of the holiday only. Pedestrian access only for the rest of the stay.
7.3 Houses 27 - 31 - Property is accessed via several flights of stairs
7.4 The outdoor plunge pool is located near houses 1 - 17. The pool is not fenced off, so children must be supervised at all times by a responsible adult in and around the pool area.
7.5 All hot tubs are emptied, cleaned and refilled after each stay, therefore the hot tubs may not be up to temperature on the day of arrival.
8. Dogs and other Pets
8.1 Dogs or other pets may only be brought to the accommodation when this has been agreed at the time of booking and evidenced on the Confirmation. Without such agreement the Owner reserves the right to refuse or revoke the booking at his/her sole discretion. This would be treated as a cancellation by the Tenant, and condition 4 applies.
8.2 Pets are not allowed on any beds or furniture, nor are they allowed in any communal facilities. Dogs must be exercised on a lead, and must not be left unattended at any time in the holiday accommodation.
8.3 The additional cost for pets (maximum 2) is £25.00 each per week.
9. Arrival and Departure The normal time of occupation is after 4.00pm on the rental start date and the accommodation must be vacated by 10.00am on the last day, unless other arrangements have been agreed by the Company. If arrival is late or delayed the Tenant must advise the Company so that suitable arrangements can be made for entry.
10. Tenant’s Responsibilities
10.1 The Tenant shall keep the holiday accommodation and all furniture, fittings and effects in the same state of repair as at the commencement of the holiday, except that normal cleaning and linen services are included at the end of the rental period.
10.2 The Tenant shall be liable to the Owner for any loss, costs, expenses, claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act of the Tenant or of any person in his/her party and must report such damage to the Company immediately. If as a result of such damage, the property or any of its contents need to be repaired or replaced then the Tenant shall be responsible for paying the reasonable costs of so doing.
10.3 The Owner will require the Tenant to pay a sum of money to cover the cost of replacement, repair or an abnormal amount of cleaning to the property or its contents as a result of the Tenant’s occupation ("the Security Deposit"). The Security Deposit will be refunded in full after the end of the rental period where there has not been any loss or damage.
10.4 The Tenant agrees to be responsible for his/her party’s behaviour which should not be excessive, noisy or disruptive, especially at night, and to follow the instructions of staff and abide by the general rules of The Bay Talland which will be provided. Any offensive or illegal behaviour will not be tolerated and may result in the police being called and you being asked to leave immediately. No refunds or compensation will be given in these circumstances. Any disturbance which results in the site manager being called to the scene could result in a charge being made by the Company.
10.5 The Company, acting on the Owner’s behalf, reserves the right to re-possess the property at any time where material damage has been caused or, in the reasonable opinion of the Company or Owner, is likely to be caused to the property by the Tenant or any member of the Tenant’s party and the Owner shall not be liable to make a refund of any monies paid.
10.6 The Company and/or the Owner shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy.
10.7 The Tenant will not smoke, or permit any of his party to smoke, inside the rented property or the clubhouse.
11. Construction 2014 - 2015 The Company has explained to the Tenant prior to booking that construction is still taking place in part of the site and the Tenant accepts that he has received a substantial discount to the full price in compensation for this.
12. Death or Personal Injury Neither the Company nor the Owner shall be responsible for the death or personal injury to the Tenant or any member of the Tenant's party save insofar as this results from proven negligence of themselves or their employees. The Tenant specifically recognises that the swimming pool(s) are unsupervised and unfenced and that the Company and Owner waives all liability for any injury incurred therein.
13. Limitation of Liabilities Nothing contained in these Conditions shall exclude or restrict any statutory rights which the Tenant has against the Owner or the Company.
14. Force Majeure The Company shall not be liable for any loss, breach or delay due to any cause beyond the Company's reasonable control. Under any such case, the Company shall be entitled to cite force majeure and treat the contract as discharged and the Company's liability shall be limited to the return to the Tenant of sums paid to the Company pro-rated for the remaining rental period.
15. Law English law, subject to the jurisdiction of English courts, shall apply to all contractual obligations arising out of these booking conditions.
Jacuzzi Hot Tub SAFETY
All hot tubs are emptied, cleaned and refilled after each stay, therefore the hot tubs may not be up to temperature until late evening / early next morning.
Some properties have hot tubs and to ensure the safe and enjoyable use of the hot tubs we request that you read through and adhere to the rules of this safety document.
We do not advise use of the hot tub during pregnancy, please contact your doctor for advice before entering the water
People with skin, ear, genital or other body infections, open sores, or wounds should not use the hot tub because of the possibility of spreading infection or irritating your condition
Persons with heart disease, diabetes, low or high blood pressure, or any serious illness should not enter the hot tub without prior consultation with their doctor
Never use the hot tub while using or after using narcotics or other drugs that may cause sleepiness, drowsiness or raise/lower blood pressure
The heat of the hot tub water speeds up the effects of alcohol and can cause sleepiness, dizziness and unconsciousness
Avoid using the hot tub immediately after a heavy meal
At 39-40°C limit your time in the hot tub to a maximum of 20 minutes.
Do not immerse your head in the hot tub water.
Never use the hot tub alone
Take care when entering and leaving the hot tub. When leaving the hot tub leg muscles may be relaxed enough to make you unsteady
Never use glass near/in the hot tub
Do not use any electrical appliances near/in the hot tub
If any fault or damage occurs with the hot tub please contact a member of our team at the earliest convenient moment
Parents are advised that the hot tubs are not suitable for children under the age of four and to warn their children not to allow water in to their mouths as this can cause infection and illness
Shower with soap and water before and after using the hot tub. Showering before use washes away many of the common skin bacteria and removes lotions, deodorants, creams etc which reduce the effectiveness of the spa sanitizer which disinfects the water
Never allow children to use the spa or hot tub unsupervised and when not in use, make sure the cover is on and secured.
Do not sit or walk on the hot tub cover.
Avoid entering the hot tub water immediately after exercising as the water temperature can affect the heart rate
Take care on the decking/hot tub steps as water from the tub can cause it to be slippery
If any allergic reaction occurs leave the hot tub and rinse off in the shower. If the reaction persists contact reception or go to a local doctor or A&E
Do not turn hot tub isolation switch off as the hot tub's power needs to be turned on to carry out the cleaning cycles
NOTE TO PARENTS AND HOT TUB USERS
It is your responsibility to enforce the rules of safety within the house hot tub.
When you book in on arrival at reception and sign the swimming pool & gym liability waiver form it does state you have to refer to the hot tub safety document for your safety whilst using the hot tub, the document is in the Information Folder in your house.
The life and health of you, your family and friends are important. Please practise safety and supervise your hot tub.
To comply with HSE regulations the hot tub water is checked every day.( If access to the hot tub is through the house, a member of staff will need access every day during your stay)