In these terms and conditions “You” or “Your” means the person named in the confirmation letter. “We” or “Us” means Brixham Holidays Ltd registered in England and Wales under company number 07586215 with our registered office at Berkeley House, Dix’s Field, Exeter Devon EX1 1PZ. Our main trading address is 65 King Street, Brixham, Devon TQ5 9TH.
Please read these terms and conditions carefully before making your booking.
1. Your booking
a. Brixham Holidays Ltd act only as agents for the owners of the accommodation and the contract of letting is between the guest and the relevant property owner. Any reference to ‘our properties’ or ‘our accommodation’ refers to properties shown on our website where we are acting as agent for the respective owner.
b. When you submit a booking via our online reservation system, you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between you and the property owner.
c. Your contract with the property owner will begin when you have paid a deposit and we have confirmed your booking by means of a confirmation letter. Your contract with the property owner will be on the terms set out in these terms and conditions.
d. Your confirmation letter will set out the accommodation you have booked, the dates of your booking, the total amount payable for your booking and the dates on which payments are due. We will issue you with your confirmation letter by email or, if requested, by post.
e. You, as the person making the booking, will be responsible for all members of your party. You, as the person in charge of your party, must be at least 18 years old at the time of booking. You must make all members of your party aware of these terms.
f. We do not accept single-sex group bookings.
g. Some of our properties do not accept children under 12 years. These properties are clearly shown on our website. Where properties do accept children, any extra facilities provided, such as cots, are made clear in the property description. You are welcome to provide your own travel cot if there is none made available at the property.
h. The minimum stay in one of our properties is three nights. The maximum stay is 28 nights, unless a longer stay is agreed with us in writing (including email).
2. Paying for your accommodation
a. For bookings made more than 6 weeks in advance you must pay us a deposit of 30% of the total amount payable for your booking at the time of booking. We must then receive the balance by the date 6 weeks before the start of your stay.
b. For bookings made less than 6 weeks in advance, you must pay us the total amount payable for your booking at the time of booking.
c. If you do not make any payment by the date it is due, we will send you a reminder by post, by email or by telephone. If you fail to make the relevant payment within 7 days of the date it is due, we will assume that you wish to cancel your booking. If this happens, your booking will immediately be cancelled and the cancellation charges set out in Section 4.b (“If you want to cancel your booking”) will apply.
3. Pricing for our accommodation
a. For the most up to date pricing information please check our website or call us on 01803 855102. We will confirm the price of your accommodation at the time you make your booking and in your confirmation letter.
b. All prices given in our brochures, by telephone or on our website include VAT. If the VAT rates change, we reserve the right to change our prices accordingly.
c. All prices given in our brochures, by telephone or on our website include all charges for water, gas, electricity, and oil.
4. If you want to cancel your booking
a. If you wish to cancel a confirmed booking you must let us know by email or in writing as soon as possible. Your booking will be cancelled with effect from the day we receive your email or written notification.
b. The deposit and the balance are non-refundable. If you have not paid us the balance of the fee, you will become liable for this upon cancellation (less the sum set out in clause 4.c below. If we are able to re-let the property then we will re-fund all monies to you, including the deposit, but less our administration charge of £35.00.
c. If we are not able to re-let the property then you are liable to pay the balance of the total fee to us, less the element of the rent which covers laundry and cleaning costs, which is typically £100.00.
5. If you want to change your booking
a. Please note that it is not possible for us to change bookings. You will need to cancel the existing booking and make a new booking, unless you wish to extend the length of your stay in which case you may extend your stay, if possible, without incurring any administration charge.
6. If we need to change or cancel your booking
a. If we need to change or cancel your booking, for example due to fire or flood, we will try to offer you a suitable alternative booking. If we are not able to offer you a suitable alternative, or if you do not accept the alternative we offer, we will refund you the amount you have paid us for the booking, including the deposit.
b. If we do need to change or cancel your booking under this Section 6, we will only be responsible for foreseeable losses that you suffer as a result of that change or cancellation and we will not be responsible for any unforeseeable losses you suffer as a result of that change or cancellation. A loss is foreseeable if it is an obvious consequence of our change or cancellation of your booking or if it was contemplated by you and us at the time we entered into this contract.
7. Visitor standards and behaviour
a. Please ensure that you and your party familiarise yourselves with the layout of the accommodation and the location of the fire exits.
b. You must only use the accommodation for the purposes of your holiday. You must not use the accommodation for any other purpose, including for any business purposes.
c. You must keep the accommodation and its contents clean and tidy and leave them in the same condition as when you arrived.
d. You must not use the accommodation, or allow it to be used, for any dangerous, offensive, noisy, illegal or immoral activities. You must not cause any nuisance or annoyance to any neighbours or anyone else during your stay.
e. Smoking is not permitted in any part of your accommodation. You and your party must not smoke inside your accommodation.
f. If your accommodation has an open fire, stove or woodburner, you must comply with the instructions for its use found in the accommodation.
g. Dogs are permitted at some of our properties, as indicated in our brochure and on our website. You must tell us at the time of booking if you wish to bring a dog to one of our dog friendly properties. No other domestic pets are permitted at our properties. Assistance dogs are permitted at our properties, however you must notify us at the time of booking if you wish to bring an assistance dog with you.
h. Please note that if you do not comply with the standards and behaviours set out in this Section 7 we may need to exercise our rights under Section 12 (“Our right to evict”).
8. Maximum occupancy for your accommodation
a. You must ensure that the maximum number of persons occupying the accommodation does not exceed the maximum occupancy limits set out in our brochure and on our website. You must not bring additional camp beds to the accommodation or allow tents, caravans or campervans at the accommodation.
b. We reserve the right to require you to leave the premises (without any compensation) if you exceed the maximum occupancy limits as described in this Section 8.
c. If you wish to hold a party or other celebration at the accommodation that would cause you to exceed the maximum occupancy limit, you must obtain our written permission in advance.
9. Damage to the accommodation or its contents
a. If you discover that anything is missing or damaged on arrival at your accommodation you must notify us immediately on 01803 855102. If you do not notify us we will assume that you caused the relevant damage or loss.
b. You will be responsible for the cost of any damage, whether accidental or non-accidental, you or your party cause to the property or its contents.
c. We reserve the right to take a security deposit from you. We will notify you at the time of booking if we require a security deposit. Any security deposit will be refunded to you within 7 days of your departure from the property, provided that no damage to the property has been caused.
d. We reserve the right to charge the credit or debit card used to make your booking if damage is caused by you or your party to the property or additional cleaning is required.
10. If you have a problem or complaint
a. We take care to ensure that our accommodation is of a high standard. However, if you have any problems with your accommodation, please contact us immediately and give us the opportunity to resolve it. Please contact us by telephone on 01803 855102.
b. All complaints must be made whilst you are in occupation. We cannot rectify any problems once you have left the accommodation.
c. We will not tolerate any verbal or physical abuse towards any of our staff or representatives. If this occurs we will have the right to evict you and your party under clause 12.
11. Our rights of access
a. Our staff or contractors may need to access your accommodation if there is an unforeseen problem, to investigate a complaint you have made, or to perform certain routine property checks.
b. If your stay with us lasts more than seven days, our staff or contractors will need to access the accommodation in order to perform a service clean and to change the linen.
12. Our right to evict
a. We or the property owners may terminate the contract with you and ask you to leave your accommodation immediately (without any compensation being payable) if:
i. we consider that you or your party have committed a serious breach of these terms and conditions;
ii. we consider that your or your party’s behaviour endangers the safety of our visitors or staff;
iii. any complaints are made of anti-social or unacceptable behaviour against you or your party;
iv. you or your party cause an unreasonable amount of damage to the property or its contents; or
v. you exceed the maximum occupancy limit for your accommodation.
13. Our liability to you
a. We are not responsible for any loss or damage that you suffer. Your contract is between you and the owner of the property.
b. Nothing in these terms and conditions is intended to limit our liability for:
i. death or personal injury caused by our negligence; or
ii. fraud or fraudulent misrepresentation on our part.
14. Events beyond our control
a. We will not be responsible for any failure to perform our obligations under these terms and conditions that is caused by an event outside our control.
b. An event outside our control means any act or event that is beyond our reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private telecommunications networks.
15. Information for your stay
a. Your check-in and departure times will be set out in your confirmation letter. Normally, check-in is available from 3pm on the first day of your stay and departure is required before 10am on the last day of your stay. If you do not leave the accommodation by the required departure time we reserve the right to charge you a late checkout fee to cover any costs we incur.
b. If you leave any of your possessions behind at your accommodation, please contact us as soon as possible. We reserve the right to charge you for any storage and delivery costs that we incur in relation to your lost property. We will hold all lost property for six months, after which it will be disposed of.
c. You will be notified of the arrangements for key collection at the time you pay the balance of the booking fee. Most of our properties have key safes and we will notify you of the code in advance.
d. Linen and towels are provided for your use and are changed at 7 night intervals.
e. Many of our properties are not suitable for mobility impaired guests, due to the style of the older cottages. Please refer to the individual property description page for guidance about suitability and contact us if you require further assistance or information.
16. Governing Law
a. These terms and conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.