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Beachlands Hotel – Terms and Conditions of Supply
All bookings or purchases made by Customers (as defined below) in respect of items, products or services (the “Services”) supplied by Beachlands Hotel Ltd. trading as Beachlands Hotel (the “Company”) are accepted by the Company solely upon and subject to the following terms and conditions.
1.1 In these terms and conditions the words and expressions set out below shall, save where the context otherwise requires, have the following meanings:
“Agreement” means the contract for the provision of the Services in accordance with these Terms;
“Customer“ means the person, firm or company for whom the Company has agreed to provide the Services in accordance with these Terms;
“Deposit“ means monies payable to the Company by the Customer at the time the booking is made and in accordance with the Standard Charges;
“Beachlands Hotel” means the property and grounds of that name situated at
17 Uphill Road North, Weston-super-Mare, Somerset, BS23 4NG;
“Standard Charges” means payment terms, fees and ancillary charges relating to the Services and shown in any brochure of the Company, other published literature or otherwise displayed at Beachlands Hotel and in force from time to time;
“Terms“ means these terms and conditions.
1.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.3 Any reference to a clause shall be deemed to be a reference to a clause of these Terms.
1.4 The headings in this Agreement are inserted for convenience only and shall not affect its construction.
1.5 The word "including" is not to be treated as a word of limitation.
2.1 All bookings are considered provisional and are therefore, not deemed to have been accepted by the Company until the Deposit has been paid. Payment of the Deposit by the Customer denotes acceptance of these Terms and effects formation of the Agreement.
Accommodation Deposit required are;
Card/Cheques payment £50.00 per room
Cash payment £100.00 per room
2.2 If the required confirmation/Deposit is not received within the designated time in accordance with the Standard Charges, then the Company reserves the right to reject the booking and re-sell or re-let any products, facilities or dates required for the Services by the Customer without further notice to the Customer.
2.3 The Company reserves the right to cancel the Services in accordance with clause 5 of these Terms if the payment conditions in clause 4 are not fully complied with.
3 Supply of the Services
3.1 The Company shall provide the Services to the Customer upon and subject to the Agreement. The quantity, quality and description of the Services to be provided shall, subject as provided by this Agreement, be as specified in writing by the parties upon payment of the Deposit by the Customer.
3.2 The Customer shall at its own expense supply the Company with all necessary information relating to the Services within sufficient time to enable the Company to provide the Services in accordance with the Agreement. The Customer shall ensure the accuracy of all such information.
3.3 If the Company’s performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Company shall not be liable for any costs, chares or losses sustained or incurred by the Company arising directly or indirectly from such prevention or delay.
3.4 The Company may from time to time and without notice make any changes to the Services, which are necessary to comply with any applicable safety or other statutory requirements, provided that such changes do not materially affect the nature or quality of the Services.
4 Payment Terms
4.1 Unless otherwise agreed in writing, or additional or varied Services are provided to the Customer, the Customer shall pay the fees agreed (including the Deposit) at the prevailing rate at the time the Agreement was made on the date or dates identified with reference to the Standard Charges and any additional sums which are agreed between the Company and the Client for the provision of the Services. The Company may vary the Standard Charges from time to time.
4.2 All charges quoted to the Customer for the provision of the Services are inclusive of any Value Added Tax at the applicable rate unless otherwise stated.
4.3 All payments to the Company to be made by the Customer (including Deposits) are to be made on the date(s) and in the amounts as specified by the Standard Charges.
4.4 Any unanticipated or additional costs incurred (including, for the avoidance of doubt, the cost of varying the nature of the Services provided from those specified in clause 3.1 above) will be added to the Customer’s account (including any cost of making good damage under clause 6.1.4(b) below). A final invoice will be generated and must be settled by the Customer no later than the day of completion of the Services.
4.5 All cheques should be made payable to “Beachlands Hotel”. Please note that the Company requires a minimum of seven working days to process personal cheques as payment. All major credit and debit cards are also accepted. A later payment charge shall be payable by the customer of 5% of total fee if payment is delayed by more than 7 days. Interest shall be payable by the Customer to the Company on any late payments at the rate of 4% per annum above the base rate of HSBC Bank in force from time to time.
5.1 In order to be validly constituted, cancellations by the Customer must be sent in writing to the Company (for the attention of “Beachlands Hotel reception” and referencing the Services in issue) at the address listed in clause 1 above.
5.2 Accommodation, Deposit made accordance with the Standard Charges will be refunded only if the customer cancels minimum of 24 hours before check-in. All other payments made in accordance with the Standard Charges are non-refundable.
5.3 In the event of a cancellation of the Services, or (if applicable) if the Customer and/or their guests fail to take up the Services at the time and on the day specified in the Agreement, the Customer agrees to pay all charges to the Company outstanding at the point of cancellation in accordance with the Standard Charges.
For the avoidance of doubt, where no written notice of cancellation is received but the Services are not taken up by the Customer, the full fee for the Services will be due and payable by the Customer. Any variation to the terms of this clause 5.3 will be at the sole discretion of Beachlands Hotel management.
6.1 Where the Services are to be provided at, or necessitate a Customer visit to, Beachlands Hotel, the following venue rules shall be complied with at all times:
6.1.1 No pets, except assistance dogs, are allowed at Beachlands Hotel without the express prior written consent of the Company.
6.1.2 No alcohol may be brought to Beachlands Hotel for consumption on the premises unless under the terms of a prior written agreement with the Company.
6.1.3 Children must be supervised by a responsible adult at all times whilst at Beachlands Hotel.
6.1.4 The Customer:(a) is responsible for the behavior and actions of its guests whilst at Beachlands Hotel. Inappropriate behavior may result in the offending persons being removed from Beachlands Hotel and/or the Services being terminated early or canceled; and (b) shall pay for any loss or damage to any part of Beachlands Hotel, or to any fixtures, fittings and equipment at Beachlands Hotel which is caused by the Customer, their guests, or agents or employees.
6.1.5 The Company can not be held responsible for damage to any item of property brought onto the premises by the Customer or a guest of the Customer (including, for the avoidance of doubt, vehicles left in the Beachlands Hotel car park).
6.1.6 In the public areas of Beachlands Hotel CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of Beachlands Hotel and security for Customers and staff.
7.1 When the Company supplies the Services which include any goods or services supplied by a third party, the Company does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the services to the Company.
7.2 The Company shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
7.3 The Company shall have no liability to the Customer under the Agreement if it is prevented from, or delayed in performing, its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
7.4 Subject to clause 3.3, no variation of the Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
7.5 A waiver of any right under the Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under the Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
7.6 Unless specifically provided otherwise, rights arising under the Agreement are cumulative and do not exclude rights provided by law.
7.7 If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
7.8 The Agreement constitutes the whole agreement between the parties and supersedes all previous agreements, whether written or oral between the parties relating to its subject matter.
7.9 Each party acknowledges that, in entering into the Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently), other than as expressly provided for in the Agreement.
7.10 Nothing in this Agreement shall limit or exclude any liability for fraud.
7.11 The Customer shall not, without the prior written consent of the Company, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Agreement.
7.12 Nothing in the Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
7.13 A person who is not a party to the Agreement shall not have any rights under or in connection with it.
7.14 Any notice or other communication required to be given under the Agreement shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party.
7.15 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address and for the contact referred to in clause 7.14 above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day (being any day other than a Saturday, Sunday or UK Bank Holiday) after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
7.16 Clauses 7.14 and 7.15 above shall not apply to the service of any in any proceedings or other documents in any legal action.
7.17 The Agreement, and all disputes and claims arising out of or in connection with them will be governed by and construed in accordance with English law.
7.18 The parties irrevocably agree to submit to the exclusive jurisdiction of the Courts of England as regards any claim or matter arising under or in connection with this Agreement.