TERMS AND CONDITIONS
Happisburgh Holidays ask for a deposit of 5% to secure your booking with the remainder is due 6 weeks before your arrival date. If booking within 6 weeks of your arrival date we ask for the full balance. Happisburgh Holidays will then confirm your booking via email, showing your booking details. ALL YOUR PAYMENTS FULLY REFUNDABLE IF CANCELLED BEFORE 14 DAYS BEFORE YOUR STAY OR RIGHT UP TO YOUR DAY OF ARRIVAL IF DUE TO GOVERNMENT OFFICIAL RULES
For payments of your holiday booking we take on-line bookings and we accept PayPal, which is a faster and securer method of payment.
2. Your booking
All bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by Happisburgh Holidays for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When Happisburgh Holidays issues confirmation to you, this signifies that they have entered into a contract, which is subject to the following conditions.
Happisburgh Holidays has the right to refuse any booking prior to the point of your written confirmation, and if Happisburgh Holidays does this, the owner will tell you in writing and promptly refund any money you have paid. When you receive your confirmation the details must be checked carefully. If anything is not correct, you should tell Happisburgh Holidays immediately
3. Your accommodation
You can arrive at The Wishing Well after 4:00 pm on the start date of your rental and you must leave by 10.00am on the last day unless otherwise agreed with Happisburgh Holidays.
If your arrival will be delayed beyond 8:00 pm on the start date of your rental, you must contact Happisburgh Holidays. If you fail to arrive by 12 noon the following day, after the start date of your rental period, and you do not advise the person whose details are given on booking confirmation, this will be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
You and all members of your party agree 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 that has not previously been accepted by Happisburgh Holidays. You are responsible for the actual costs of any breakage or damage in, or to the property – along with any additional costs that may result, as caused by you and/or any members of your party.
Happisburgh Holidays can require payment from you to cover any such costs, and is entitled with absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations), if Happisburgh Holidays reasonably believes that any damage 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 stated to occupy the property, or significantly change the composition of your party during your occupation of the property, nor can you take any pets/animals into the property without approval of the owner. If you do any of these things, Happisburgh Holidays can refuse to hand over the property to you, or can repossess it. If Happisburgh Holidays 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 will Happisburgh Holidays 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). Happisburgh Holidays will also not be obliged to find any alternative accommodation for you.
Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in the Wishing Well’s accommodation, even though the property states that pets/animals are not allowed.Pets are allowed in the Annex and the ground floor suite only and up to a maximum of 2 small breed dogs only. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has stayed in their chosen property previously, nor can we accept any liability for any suffering which may occur as a result of such animals having been present.
You must allow Happisburgh Holidays and any employee (including tradesmen) 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 Happisburgh Holidays is entitled to enter the property at any time without giving you prior notice.
Cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source)
Illness and Pregnancy are subject to medical evidence of unfitness to travel
Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years)
Jury or Witness service (in a Court of Law)
Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Partner
Your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage
Your presence is requested by the Police, following a burglary at your home or place of business, during the period of your holiday or within the preceding 7 days
Unexpected posting by HM Forces
If you are unable to reach your holiday accommodation due to snow or flood conditions
Being involved in an accident en-route (NB: This only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from the Police, RAC or AA). Although a refund is available in these circumstances, you may prefer to delay your arrival.
4. Cancellations or changes to your booking by Happisburgh Holidays.
Happisburgh Holidays does not expect to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the party leader will be contacted (by telephone where reasonably possible). Minor changes will be notified by email as soon as is reasonably practical, explaining the situation, 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, you will be entitled to cancel your booking and receive a full refund of all monies paid. The party leader should advise Happisburgh Holidays as soon as possible that you want a refund. In the unlikely event that the party leader fails to inform Happisburgh Holidays they wish to cancel their booking, then they will not receive a full refund of all monies paid. Please note the above options are not available if the change is minor. Where your booking is significantly changed or cancelled, you will also be offered compensation by Happisburgh Holidays, as appropriate and subject to you providing proof of loss.
4.1. If you change or cancel you’re booking
If you want to change your booking once your confirmation has been issued we will endeavor to assist, but please bear in mind that changes cannot be guaranteed. However, it is important to realise that a change of accommodation 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 which may be as much as the total cost of your booking. Happisburgh Holidays will advise the party leader if this is the case when the change is requested. The party leader must then inform Happisburgh Holidays as soon as possible whether you still wish to change your booking. If the party leader fails to contact Happisburgh, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, Happisburgh Holidays will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.
If you have to, or wish to, cancel your booking, the party leader must telephone Happisburgh Holidays on the number shown on your booking confirmation as soon as possible. The party leader must immediately confirm your cancellation in writing via email. Depending on your reason for cancellation, you may receive a refund authorised by Happisburgh Holidays of all monies you have paid for your booking, for the entire property and not on an individual basis.
For reiteration, all prices are under your contract with Happisburgh Holidays: in order to qualify for a refund your reason for cancelling must be one of the following and must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your holiday and must prevent you from taking your holiday.
Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home.
Happisburgh Holidays may request further information from a third party. The following reasons for cancellation do not qualify for a refund as set out above:
suicide or attempted suicide
the effect of intoxicating liquor or drugs
any other reason which is not specifically referred to
Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, e.g. disinclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc. a cancellation charge will be payable. This is levied by Happisburgh Holidays based on the number of days before the arrival date at the property after notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund or part of such cost. However, if you have not paid your total holiday cost by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of the table below, cost means the total cost of the booking, including any extra items after deducting any administration fee paid for making any change
Number of days before arrival date that notification of
cancellation is received:
ALL YOUR PAYMENTS FULLY REFUNDABLE IF CANCELLED BEFORE 14 DAYS BEFORE YOUR STAY OR RIGHT UP TO YOUR STAY IF DUE TO GOVERNMENT OFFICIAL RULES OTHER WISE AS BELOW
50% of cost if a replacement booking is obtained otherwise no refund
On arrival day
6. Circumstances beyond the control of Happisburgh Holidays: Force Majeure
Except where otherwise expressly stated in the booking conditions, Happisburgh Holidays shall not be liable, for any changes, cancellations, effect on your holiday, loss or damage suffered by you; or for any failure by Happisburgh Holidays to perform, 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 Happisburgh Holidays (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 Happisburgh Holidays). In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) Happisburgh Holidays will, however, refund to you all monies paid 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 Happisburgh Holidays to you.
Happisburgh Holidays aims to ensure that the information provided is accurately conveyed on the website. However, the information may have changed by the time you come to book or visit. Whilst every effort is made to ensure the accuracy of the website, changes and errors occasionally occur. You must therefore ensure you check the details of the accommodation and arrangements (including the price) with Happisburgh Holidays at the time of booking. There may be small differences between the actual accommodation and its description. Occasional problems mean that some facilities or services become unavailable or are subject to restriction. If this happens, Happisburgh Holidays will inform the party leader as soon as reasonably possible. Happisburgh Holidays cannot accept any responsibility for any changes or closures to area amenities mentioned on the web site
Happisburgh Holidays shall have no liability for any death or personal injury unless these results from the negligence of Happisburgh Holidays or its employees (providing they were at the time acting in the course of their employment) or, it results from the negligence of any employee providing they were at the time acting in the course of their employment. You must take all necessary steps to safe guard your personal property. No liability is accepted by Happisburgh Holidays in respect of damage to, or loss of, such personal property except, in the case of where the damage or loss is caused by the negligence of Happisburgh Holidays, or that of any employee (providing they were at the time acting in the course of their employment). Additionally, Happisburgh Holidays cannot accept liability for any business losses.
Every effort has been made to ensure that you have an enjoyable stay at Happisburgh Holidays accommodation. Because the contract for your accommodation is between you and Happisburgh Holidays, any queries or concerns should be addressed to them. It is essential that you contact Happisburgh Holidays 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 Happisburgh Holidays is promptly notified. Discussion of any criticisms with Happisburgh Holidays whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular complaints of a transient nature (for example, regarding preparation of /or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If you cannot make contact with Happisburgh Holidays or if after this, you feel that the problem has not been resolved to your satisfaction, then the party leader must, within 14 days of returning from your rental, put your complaint in writing. Please help Happisburgh Holidays 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.
10. Communicating with you
For the purposes of the Data Protection Act 1998, David Pugh is the sole data controller of all personal data provided. In order to process your booking the Owner needs to collect certain personal details from you, for example names and addresses of party members, payment details, and special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements. If the owner may need other personal details from you. (For example the property owner(s), and any key holder(s) of such property (if not the property owner(s)), other suppliers, agents, company or bank. Except where expressly permitted by the Data Protection Act 1998, the owner 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 Happisburgh Holidays (by letter or e-mail) if and how it is processing your personal details. Happisburgh Holidays is entitled to charge a fee in responding to such a request. The owner promises to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee. In certain limited circumstances Happisburgh Holidays are entitled to refuse your request.
The contract between you and the Owner is subject to English law and no other, and is formed in Earby, Lancashire,England. It is agreed that any dispute you may have with the Owner 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.