- The ‘Agents’ shall mean (Hayle Holidays).
The ‘Owner’ shall mean the freehold owner of the property, the
letting of which is negotiated through Hayle Holidays.
The ‘Client’ shall mean any person whose name appears on the booking form.
A contract is agreed between the Client and the Agent on the basis of the information in the brochure including the booking conditions when a deposit is paid and Hayle Holidays have provided written confirmation of the booking. It is the responsibility of the Client to check that the written confirmation is correct.
- ALL BOOKINGS ARE FROM 3 P.M. ON THE SATURDAY OF ARRIVAL TO 9 A.M. ON THE DAY OF DEPARTURE, UNLESS OTHERWISE AGREED BY THE AGENT.
- All bookings must be made by a person who attained the age of 21 years or more at the date of completion of the booking form.
- THE BALANCE OF MONIES ARE DUE WITHOUT REMINDER SIX WEEKS BEFORE THE HOLIDAY BEGINS. The Client will notify the Agents of any delay in forwarding the balance of monies by the due date. If the Agents are not informed they will treat the holiday as cancelled. The Agents reserve the right to re-let any property where full payment has not been received by the due date.
- AN ADMINISTRATION FEE of £10.00 will be charged for any amendment or alteration made to a confirmed booking where a payment has been made.
- GUESTS We cater for families and couples and do not accept all male or all female bookings of three or more persons or any group of young persons. The company reserves the right to decline a booking if in the opinion of its management the constitution of the party may lead to a situation that could prejudice the enjoyment or safety of other guests and staff. If in the opinion of the manager any party is guilty of behaviour prejudicial to the well being of others, the manager may retake possession of the accommodation without refund. Restricted groups may be accepted on occasions at the manager’s discretion but will require a minimum deposit of £100. The number of persons occupying a chalet or bungalow may not exceed that stated on the booking form.
- DOGS (Only in some accommodation). A maximum of one large dog or two small dogs per booking only where this is stated on the particulars of the property offered and disclosed on the booking form. Any dog accepted must be kept on a lead and under strict control at all times and not allowed on beds, furniture or furnishings belonging to the property. Please note that it is our policy to take a £100 security deposit for all bookings that have two dogs. This is to cover any breakages, damage or additional cleaning to the property. This is payable with your balance six weeks prior to your arrival. The security deposit will be refunded to you one week after your departure from the site, less £5 administration charge, providing everything is left in a satisfactory condition. Please note that the security deposit is included in the balance figure indicated on your receipt. We regret we are unable to give refunds for dog cancellations. DOGS MUST NOT BE LEFT ON THEIR OWN IN THE ACCOMMODATION. NO OTHER PETS ARE ALLOWED in the accommodation. It should be noted that the beach from the Hayle River to Black Cliffs is subject to a dog prohibition order between 1st May and 30th September. The remainder of the beach is not controlled by the Order.
- The Client shall keep the property, its fixtures, fittings and furnishings, in a clean and tidy condition. Accommodation will be inspected at the end of the holiday and you may be charged for any loss or damage found. At the Agents discretion a cleaning charge may be made if additional cleaning is required. The fixtures, fittings and furnishings in the property must not be rearranged and no blanket, pillow or other furnishings shall be removed from the property.
- The Agents reserve the right to enter the accommodation for the purpose of maintenance or any special circumstance (even in the absence of the Client) at any time necessary.
- The Agents reserve the right to re-let any property not claimed or occupied 24 hours from 3pm on the Saturday of arrival unless prior notice of delayed arrival has been received.
- NON AVAILABILITY – The Agents are relieved of responsibility and liability in the event of the accommodation already booked not being available owing to storm, fire or circumstances beyond the control of the Agents. In such instance the Agents will endeavour to offer a suitable alternative or a full refund.
CANCELLATIONS (DISCONTINUED AUGUST 17th 2018) new options to be available shortly
To avoid loss of money because you have to cancel your holiday, we offer you a cancellation plan at £18 per unit per week. This can only be taken out at the time of booking your holiday and is not refundable. It covers your deposit and the balance payment only and no other expenses. In the event of cancellation we will return all monies paid to Toms Holidays less the cost of the plan.
Toms Holidays Accommodation Cancellation Plan covers the payment of your holiday if you have to cancel for the following reasons: illness, death or serious injury to any member of your party. In addition, you and the members of your party are covered if you have to cancel due to the following circumstances: jury service, redundancy or posting abroad, providing these have arisen after you made your holiday booking. Supporting evidence must be provided, e.g. doctor’s certificate. The plan does not cover pregnancy, illness due to pregnancy or pre-existing conditions. Customer will not be refunded if the Cancellation Plan is not taken.
It is a condition of the cancellation plan that we are notified by recorded delivery immediately if you have to cancel due to one of the above reasons and at least 24 hours before the commencement of your holiday.
If you have to cancel for a reason other than one of the above reasons then you are still responsible for the balance payment of your holiday. This cancellation plan expires one day before the commencement date of your holiday.
Our Accommodation Cancellation Plan is not a policy of insurance, nor does it replicate all of the features of a typical holiday insurance policy. Should you require full holiday cover please refer to the many UK Holiday Cancellation Insurance Plans available.
Toms Holidays Limited has the final say in all matters arising from any claim.
Damage or Breakages
Any damage caused to the property, its fixtures and fittings, furnishings or effects shall be immediately reported to the Agents and shall be paid for by the Client prior to his departure.
Pillow cases, sheets, duvet covers, towels, table linen ARE NOT PROVIDED and shall remain the responsibility of the Client. Bed linen must be used at all times.
LIABILITY FOR PERSONAL INJURY AND DAMAGE TO PROPERTY
- Neither the Owner nor the Agents shall be responsible for death or any personal injury suffered by the Client or any invitees of the Client save where such is directly attributable to any wilful or negligent Act on the part of the Owner or Agent or any servants or Agents of theirs acting within the course of their authority.
- Neither the Owner nor the Agents shall in any circumstances be responsible for any damage to property or any consequential losses suffered by the Client or the Client invitees arising out of any negligent Act or omissions on the part of the owner or the Agents or their servants or Agents acting within the scope of their authority. The Client must make his own insurance arrangements in respect of such matters.
- The foregoing clauses are separate and distinct and the enforceability of either is not dependent upon or associated with the enforceability of the other. Any disapplication by law of one clause will not affect the continuing applicability of the other clause.
CIRCUMSTANCES BEYOND THE CONTROL OF THE AGENTS
The Agents are relieved of legal and financial liability where damages arise which are due to circumstances beyond its control including but not limited to industrial disputes, natural disaster, fire, technical problems, bad weather and acts of Government, water or power cuts, epidemic, riots and terrorist activity.
Rentals Unless otherwise stated all rentals are inclusive of VAT.
Receipts – Payment by cheque, credit or debit card.
In these conditions unless the context otherwise requires words importing the masculine gender shall include the feminine and the neuter genders and words importing the singular number shall include the plural number and vice-versa and where there are two or more persons included in the expression “The Client” conditions expressed to be binding on the Client shall constitute an agreement binding such persons jointly and severally.
HOW TO BOOK THE PROPERTY OF YOUR CHOICE
Once you have selected the property of your choice firstly telephone our office on 01736 888588 to check availability. It is advisable to have up to four other choices in case your selected property is already booked. We will then hold the property of your choice for three days pending receipt of your booking form and payment.
On receipt of your deposit an acknowledgement will be sent indicating the amount of balance to pay and when it is due. No further reminder will be sent before the due date.
Facebook Competition Rules 2016
- Closing date for entry will be March 16th 13:00 GMT. After this date the no further entries to the competition will be permitted.
- The promoter is: Hayle Holidays / Toms Holidays Ltd (company no. 04619874) whose registered office is at WESSEX HOUSE, TEIGN ROAD, NEWTON ABBOT, TQ12 4AA.
- Employees of Hayle Holidays / Toms Holidays Ltd or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- Winners property choice is subject to availability and discretion of Hayle Holidays.
- The competition is restricted to those 18 years of age and over. (please see Hayle Holiday Terms and Conditions regarding groups of young adults)
- No responsibility can be accepted for entries not received for whatever reason.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- This promotion is in no way sponsored, endorsed or administered, or associated with, Facebook.
- No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen: by collective staff decision at Hayle Holidays.
- If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when and where the prize can be collected / redeemed.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- The winner must comply with Hayle Holidays existing terms and conditions
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If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability pf the other provisions of the Agreement shall not be affected.
If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.