Terms & Conditions
1. Booking Conditions
1.1 Please ensure that you read these Booking Conditions carefully (whether your reservation request is made via the website, email, telephone or post) along with any other information relevant to your booking, including any specific conditions or restrictions set out on the website.
1.2 “Booking” means the reservation of the chosen property by the Holidaymaker
1.3 “Additional Fees” means any fees payable by the Holidaymaker other than the rental charge including (but not limited to) pet charges, card handling fees etc.
1.4 “Booking Conditions” means these terms and conditions
1.5 “Holidaymaker” – Covers every member of the party
1.6 All bookings are subject to availability
1.7 Except by prior arrangement all bookings are for seven nights – The Penthouse bookings are generally Saturday to Saturday and The Haven generally Friday to Friday – if we alter this to suit your needs we shall do so
1.8 Holidaymaker/party leader – the person making the booking must be over the age of 18 years at the time of booking
1.9 In making the booking the holidaymaker confirms that they are authorised to do so and that all other party members agree that the booking is subject to these booking conditions
1.10 Upon a booking being made, written confirmation will be sent as reasonably as possible. Written confirmation will be issued by email unless specifically requested otherwise
1.11 Please notify us immediately of any change to your email or postal address or any other contact details provided
1.12 Please ensure that we are informed at the booking stage of any special requirements or any medical problem or disability so that we can confirm whether your needs can be properly met at your chosen property. We reserve the right to cancel any booking if we feel that your requirements cannot be met
1.13 If you wish to change any detail of your confirmed booking a payment of £25 will charged to cover our administration charges.
1.14 All payments must be made in pound sterling (£)
1.15 All prices quoted are inclusive of VAT
1.16 When making a booking a 50% non-refundable deposit is required with the remainder due no later than six weeks prior to arrival
1.17 For bookings made less than six weeks before your date of arrival, full payment will be required at the time of booking
1.18 Payment may be made via PayPal, bank transfer or cheque.
1.19 If any payment is not paid by the due date, an overdue reminder letter will be issued and a charge of £10 will be added to the balance due. If the balance is not then received within four days of the reminder it will be assumed that you wish to cancel your booking and you shall have no claim against us for compensation or reimbursement whatsoever.
1.20 We reserve the right to correct any error in advertised and/or confirmed prices before your booking is confirmed
1.21 As errors occasionally occur, please check all details at the time of booking
1.22 A refundable security bond of £250 is charged within your final invoice and will be returned within 10 days after your departure subject to any deductions for losses and/or damage. Unfortunately, if the security deposit has been paid via PayPal a surcharge of 3.4% will be deducted before returned to cover Paypal charges. If you choose to pay via BACS or cheque there will be no surcharge.
1.23 The Holidaymaker should notify us immediately in writing is they wish to cancel the booking. The cancellation will be effective on the date the notification is received
1.24 In certain circumstances a refund can be authorised. Refunds will exclude any deposit and amendment charges incurred plus there will be a cancellation charge of £25 per week or per part week per booking
1.25 As the booking and prices quoted are for the property and not on a per person basis the refund provision can only apply if the cancellation relates to all members of the holiday party.
1.26 In order to receive a refund on cancellation, one of the following must apply to a member of your party:
- Illness (subject to medical evidence of unfitness to travel)
- Pregnancy (subject to medical evidence of unfitness to travel)
- Death of a close family member
1.27 In order to qualify for a refund your reason for cancelling must not have existed at the time of booking (apart from the case of pregnancy)
1.28 Where you qualify for a refund and we manage to re-let the property for the period of your cancelled booking we will also refund the deposit amount to you.
1.29 It is recommended that you arrange adequate travel insurance to cover your party for the duration of your booking
Website and Brochure Accuracy
1.30 Upon becoming aware of any material inaccuracies in any of our publications we shall endeavour to correct them in future publications and inform the holidaymaker
1.31 We cannot accept responsibility for any changes or closures to area amenities or attractions that may be listed on our website or brochure
Responsibilities of the Holidaymaker
1.32 During the period of the holiday, the holidaymaker undertakes as follows:
- That the number of people occupying the property will not exceed the number stated on the holiday confirmation
- That the property will be used solely for the purpose a holiday and will not be used for any illegal, immoral or commercial purpose
- To show due consideration for other parties (to include, but not be limited to, refraining from abuses of the property and/or dangerous, offensive or rude behaviour to the owner, his representative or any third parties such as neighbours)
- To keep the property and all furniture, utensils, equipment, fixtures and fittings in or on the property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the property is left in the same stage of order in which it was found. We reserve the right to either levy or deduct from the security bond (if one was required) an additional charge for any extra cleaning or any consequential loss
- To report as soon as possible to us any breakages or damage caused by the Holidaymaker during the holiday and to reimburse us the cost of replacement. If you lose a key then a charge of £10 will be deducted from your security bond and if the loss of key results in locks needing to be changed then this sum will also be deducted from the security bond.
- Smoking is strictly prohibited in all properties
- We reserve the right to access the property during your stay (with or without contractors) at reasonable times and upon giving reasonable notice (save in the case of emergency)
- We reserve the right to re-take possession of the property is we feel you are in breach of any of the conditions in this clause. These circumstances will be treated as cancellation by you.
1.33 A broadband and telephone service is provided at the property for your convenience and light domestic use. Full terms and conditions for the use of Internet services are included in Appendix A of this document.
1.34 Bedding and towels are provided. Beach towels are not provided and we request that you do not take the apartment towels out of the property.
1.35 Arrivals and Departures
1.36 Unless otherwise agreed, the property will be available from 3pm on the day of arrival and must be vacated by 10am on the day of departure
1.37 A few days before your arrival date a welcome letter will be sent giving you details of key collection etc.
1.38 Pets are only allowed at selected properties – which will be shown on the website or marketing literature. Pets are not allowed at ‘The Penthouse’
1.39 If a holiday maker takes a pet to a property that does not allow them, or exceeds the stated number/size of pet then we reserve the right to refuse you to take possession of the property or we can require you to leave the property before the end of the holiday
1.40 You should not leave your pet unattended at any time in the property and not allow your pet on the furniture or beds
1.41 The holidaymaker is liable for all damage caused by your pet(s) and must remove all traces (inside and out) from the property of pet occupation before final departure
1.42 An additional charge of £20.00 per pet will be added to your invoice to cover our additional cleaning charges
Guests with special needs
1.43 Guests with disabilities are welcome at all our properties. Unfortunately, we advise that the Gower Penthouse has steps leading to the main doorway into the apartments and does not lend itself well to wheelchair users or the infirm
1.44 If your party includes someone with special needs you should tell us about this before you make a booking so we can try to ensure the accommodation is suitable for you. If you don't tell us we can't be responsible if the accommodation is not suitable. If you do have special requirements please let us know. We will try to accommodate these but can't guarantee this.
1.45 Any complaints you may have in respect of the services should be made to us in writing, telephone or in person immediately or at the latest within seven days of your date of departure.
1.46 If either party cannot perform its obligations under these booking conditions due to circumstances beyond its control the affected party shall not be liable to the other for any failure to perform its obligations as long as reasonable effort to limit the effect of such circumstances has been made. Conditions under this clause include but are not restricted to war, threat of war, fire, epidemics, government actions, acts of god and all other similar events.
1.47 The Holidaymaker’s personal belongings and vehicles (together with their contents) are left at the property entirely at their own risk
1.48 We shall accept no liability to the holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or Holidaymaker’s personal property during their stay at the property.
1.49 We shall accept no liability to the holidaymaker if any damage, illness or injury is caused by a third party where we have issued, displayed their leaflet or web details
1.50 Nothing in these booking conditions seek to exclude or limit our liability for death or personal injury which arises as a result of our negligence or for fraudulent misrepresentation
1.51 A single CCTV camera is installed outside covering the entrance to ‘The Penthouse’ for the purpose of maintaining the security of the property and its occupants. Except where they may be required for the detection of crime, recordings are kept only for a limited period of time and before being securely disposed of.
1.52 These booking conditions shall be governed by and construed in accordance with English law
1.53 The parties agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of these booking conditions
1.54 We recognise the importance of protecting the privacy of certain general information and specific personal information collected from our customers and consequently respect your privacy.
1.55 The privacy statement discloses what information we gather and how we use it
Handling your information
1.56 All data that we collect and hold on you will be dealt with fairly and in accordance with applicable law. All your rights and interests will be fully respected.
1.57 We will ensure that effective procedures and safeguards are in place to ensure that all data held on you is relevant in relation to the purposes for which they were obtained. Any data that is no longer required will be securely disposed of
Use of data
1.58 We only collect, process and store data which is needed to fulfil our contractual obligation towards you, for marketing purposes or to comply with legal requirements
1.59 We will only disclose your data to third parties where you have requested us to arrange certain products and services for your holiday stay.
1.60 Please note that you have the right to require us to stop the communication or advertising or marketing materials to you
1.61 You can request to see all data that we hold on you. Such access will be granted in accordance with the requirement of applicable legislation
2. Appendix A
Wi-Fi / Internet Access
This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided free of charge to you, a guest of GowerBreaks.com (“us”) in consideration for your custom, your agreement to these terms and conditions and your agreement to allow us to send to you by e-mail our promotional and marketing material;
1. Extent of the Service
1.1 We do not recommend in particular the use of any websites (or other internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.
1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
2. We do not guarantee:
- 2.1.1 the availability of the Service;
- 2.1.2 the speed at which information may be transmitted or received via the Service; or
- 2.1.3 that the Service will be compatible with your equipment or any software which you use.
2.2 We do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
2.3 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
3. Your Use of the Service
3.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
- 3.1.1 are defamatory, threatening, intimidating or which could be classed as harassment;
- 3.1.2 contain obscene, profane or abusive language or material;
- 3.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- 3.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- 3.1.5 contain material which infringe third party’s rights (including intellectual property rights);
- 3.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or
- 3.1.7 are otherwise unlawful or inappropriate;
3.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
3.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
3.4 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
3.5 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
4. Criminal Activity
4.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
4.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
4.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address
4.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
5. Our Use of your Information
5.1 Subject to clauses 3.3 and 3.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.
6. Other Terms
6.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above.
6.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
6.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
6.4 This agreement is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.