Terms And Conditions
Find all our terms and conditions below.
Wightbayholidays Booking Contract
These terms and conditions (the “Booking Contract”) are between and shall bind the property owner (“we”, “us”, and “our”,) and the holidaymaker/s who book our property (the “Property”) through Wightbayholidays website or Facebook page or any other direct method (each a “Booking”). References to “you” or “your” are references to the person making the booking and all members of the holiday party.
Any Booking is subject to the Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you, and forms the basis of your agreement with us so please read them carefully. Nothing in this Booking Contract affects your usual statutory rights. Please note the Party Leader must have attained the age of 18 years prior to making a booking.
Making your Booking
Book a Property with us by making the payment specified in the initial quote provided to you by us once we have accepted your booking request after which time we will provisionally book your chosen property. The Booking shall be made and this Booking Contract shall be effective once the Initial Deposit (as defined below) or full payment has been received, and you have received an email or letter from us confirming the Booking and including the Cancellation Policy (as defined below).
The Quote or Booking Request Form via our website requires that you:
Make a payment in full, then you must pay the full amount for the Booking to Wightbayholidays by the due date; or, pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to Wightbayholidays within the specified time periods.
You shall be required to pay the applicable damage deposit (the “Security Deposit”), and/or any other fees (“Other Fees”) as set out in the email or letter confirmation as part of your payment in full or your Balance payment (as applicable).
You should carefully check the details of the Quote or the Booking Request Form before making any payment to Wightbayholidays regarding your Booking, as well as the confirmation email or letter and inform us immediately of any errors or omissions.
Paying for your Booking
Where you have only paid an Initial Deposit, you are required to send to Wightbayholidays your payment for the Balance and the Security Deposit and/or Other Fees within a certain period prior to the arrival date specified in the email or letter confirmation (the “Arrival Date”). If you fail to make the balance payment due to us to Wightbayholidays in full and on time we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below) shall apply.
The Security Deposit may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings, or deep clean that are necessary after your stay. We will return the Security Deposit to you following the return of the keys to us, less any deductions in accordance with the conditions listed above, usually about 7 days after your Departure date.
If you cancel or amend your Booking
If you need to cancel or amend your Booking you must write to us or email us as soon as possible. A cancellation or amendment will not take effect until we receive written confirmation from you. The cancellation policy described in your email or confirmation (“Cancellation Policy”) applies to your Booking and Wightbayholidays will refund any amounts due to you in accordance with the agreed Cancellation Policy.
In the event that:
Any Balance required from you is not paid in accordance with the timeframes set out in the Cancellation Policy; or
You do not arrive at the property within 24 hours of your arrival time without notifying us,
Then we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.
If we cancel or amend your Booking
We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally, cancel Bookings.
If this does happen, we will contact you as soon as is reasonably practicable and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Wightbayholidays will refund you any fees you have already paid to Wightbayholidays. However we will not be liable to refund you any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
You may arrive at the Property after the time specified by us on the Arrival Date for your holiday and you must leave by the time specified by us on the Departure Date we give you. We will let you know these times in writing in advance of your stay.
If your arrival will be delayed, you must contact the person whose details are given on the booking confirmation email or letter so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us. Please see the Cancellation Policy for further details.
You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
You agree to take all necessary steps to safeguard your personal property while at the Property.
Should upon inspection, after you vacate the property, it is found that the property requires more than the standard cleaning, the cost of any additional cleaning will be deducted from the security deposit. Should the property or any of its contents be damaged or missing, with exception to those reported to us upon your initial occupation, then the cost of any remedial works or replacement will be deducted from your security deposit. Should this cost be greater than the amount of the security deposit held by us you will be responsible for the additional cost and an invoice will be sent to you.
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
You cannot allow more people to stay in the Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
Obligations of Guests where it has been agreed that you may bring your dog/s with you
- Dog owners are fully responsible for the behaviour of their dogs and any damage caused.
- Only those dogs booked and paid for are allowed on the site.
- Dogs must be kept off all furniture including beds.
- Any fouling in the chalet must be thoroughly cleaned and disinfected and reported to the chalet owners.
- Dogs must not be left alone in the chalet.
- Dogs should be on a short lead at all times on site, outside the chalet.
- All fouling on the site is to be collected and disposed of by the dog owner. Bags should be disposed of properly, not left around the site.
- There are no dog walks on the site. The Coastal Path is just a few yards from your chalet, as is the green alongside the sailing club, as well as the beach.
- Please be careful close the cliff edge, it can be very dangerous.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straight away. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.
If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 28 days of the end of your Booking.
For the avoidance of doubt, you shall always contact us if you have any complaint in relation to your Booking or the Property.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
For the avoidance of doubt, Wightbayholidays shall not be liable to you or responsible for
- Any issue between you and us regarding the Booking
- Any failure in relation to any payments due to the failure of a payment solution provided by a third party, and
- The rejection of any payment of yours by a third party payment solution provider.
This does not exclude or limit in any way our liability for death, or personal injury caused by our negligence or for fraudulent representation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Law and Jurisdiction
This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of England and Wales.
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent.
If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Booking Contract, together with the Cancellation Policy and our confirmation email or letter contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email or letter except as expressly stated in this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract.
We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.
Bookings placed before 17 February 2021 are covered under a different set of Terms and Conditions and are available by emailing firstname.lastname@example.org if these apply to your booking.
For Bookings placed post 17 February 2021, these new Terms and Conditions apply to Cancellations
a) If your booking has to be cancelled because Wightbayholidays is put under HM Government Restrictions and has to close and the period of closure covers your booking, you will be refunded in full.
b) In the event that your given address is put into Local / Regional Lockdown, rendering you unable to travel, and the period of restriction covers your booking, you will be refunded in full.
c) If your booking has to be cancelled because Wightbayholidays has to close through ‘Force Majeure’, meaning any of the following circumstances which may hinder or prevent the performance by us of the Contract, including but not limited to (i) acts of God, flood, drought, earthquake or other natural disaster; (ii) epidemic or pandemic; (iii) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (iv) nuclear, chemical or biological contamination or sonic boom; (v) any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent; (vi) collapse of building, fire, explosion or accident; (vii) non-performance by our suppliers or contractors; and (viii) failure of utility service, and the period of closure covers, your booking you will be refunded in full.
d) Customer inability (or the inability of any, some or all of your intended party) or disinclination to travel to and stay at a Wightbayholidays chalet for any reason.
This includes – but is not limited to – illness (including Covid), a requirement or recommendation to self-isolate or quarantine, shielding, a call to jury duty, military service, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport. These remain at your risk and do not give rise to a right to cancel or receive a refund unless we re-let the property, other than according to the sliding scale below. You are strongly recommended to take out UK travel insurance to cover these eventualities. If you choose not to take out UK travel insurance, then you accept responsibility for any loss that you may incur due to your cancellation.
e) Cancellations must be notified to Wightbayholidays by phone and email and once received in writing we will confirm the cancellation request.
f) If you cancel your holiday more than 6 weeks before it is due to start, then your deposit will be forfeit. If you cancel less than 6 weeks prior to your holiday start date then the full balance remains due and is not refundable.
We will make every effort to re-book the period which has been cancelled. Should we be successful then all monies paid by you will be refunded minus a £25.00 administration charge, and less the difference in price between the Customer’s booking and the replacement booking if one is made. If we are unable to re-book the Property, then you remain liable for the full cost of the Booking.
*In order to ensure speedy receipt and thereby processing, of cancellations, Wightbayholidays recommends that the Customer sends written notification of cancellation by email requesting confirmed receipt. The effective date of cancellation is when written notification is received by Wightbayholidays. Any amounts due for refunding will be made within 14 days.
g) It is the responsibility of the Customer to acquire suitable travel insurance for themselves and their party to cover the booking. Wightbayholidays strongly recommends that the Customer acquires suitable insurance to cover circumstances beyond the Customer’s control such as, but not limited to, jury duty, incarceration, change in personal or work circumstances, military service, illness – including Covid-19 and shielding, family emergencies and travel delays.
Covid-19 is also now a known risk and it is possible for you to insure your holiday against it. This can include the customer of any of the party having
Covid-19, the customer or any of the party having to isolate or quarantine, or you wishing to shield any members of the party.
There are several options which include cover for Covid-19 related cancellations available from organisations like Trailfinders.