Accommodation

Please read these Terms carefully because together with your Confirmation of Booking and the information on our website they make up your agreement with us.

We aim to provide Terms which are easily understandable. If there is any term that you do not understand, then please discuss it with us before making a Booking.

If you require these Terms or your Booking Confirmation in another format please ask and we are happy to provide them.

1. Definitions

1.1 When the following words are used in these Terms, this is what they will mean:

Accommodation: the accommodation that we are providing to you as set out in the Booking

Booking: your request to us for the Accommodation

Booking Confirmation: our acceptance of your Booking

Event Outside Our Control: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks.

Hotel: Watergate Bay Hotel, Watergate Bay, Newquay, Cornwall, TR8 4AA

Terms: these terms and any other terms or documents they refer to

We/our/us: Watergate Bay Hotel Limited

You/your: You or the members of your party

1.2 When we use the words "writing" or "written" in these Terms, this will include email unless we say otherwise.

2. Changes to our Terms or your Booking

2.1 The law and how we have to operate the Hotel may change from time to time. If this happens then we may need to update our Terms. You will be able to find the latest version on our website or at front desk.

2.2 If we make any significant changes to our Terms after you have requested a Booking which have a materially adverse effect on your Booking, we will give you the option to cancel with a full refund.

3. Our contract with you

3.1 When you submit a Booking to us this does not mean that we have accepted it. We may or may not do so. If we are unable to supply you with the Accommodation, we will inform you of this and we will not accept the Booking and refund payments you have already made.

3.2 Subject to clause 3.3 below, these Terms will become binding on you and us when we send you a Booking Confirmation, at which point a contract will come into existence between you and us. Please check your Booking Confirmation carefully as soon as you receive it and inform us of any discrepancies. If any are our fault we will do our best to remedy the situation.

3.3 If you have made a specific request during the online booking process which we are unable to accommodate (such as accessible rooms, additional beds, party size, dogs etc.) occasionally we may have to refuse your booking even after you have received an automated Booking Confirmation. If we are unable to accept your Booking for any reason, we will inform you of this as soon as possible and will not charge you. This might be because Accommodation or essential facilities are unavailable or we have identified an error in the price or description of the Accommodation.

3.4 These Terms apply whether you make a Booking via our website, by email, post, telephone or in person.

4. Price and payment

4.1 The price of the Accommodation will be set out at the time we confirm your Booking. Our prices may change at any time but price changes will not affect Bookings already confirmed with you.

4.2 If your Booking includes Bed and Breakfast (B&B) and/ or dinner the following are included in the price you pay for the Accommodation:

(a) B&B – room and breakfast.

(b) Dinner inclusive – room, breakfast and a three-course dinner in Zacry’s (unless your package includes an alternative).
Guests staying on a dinner, bed and breakfast basis will be dining in Zacry’s. Included meals cannot be transferred to any other dining venue. We do not offer discounts or refunds for meals not taken. Some menu items carry supplementary charges. Opening times vary according to time of year, please ask us before making a Booking.

4.3 All prices are calculated per room, per night and based on two people sharing, except for family suites which are per room per night based on the maximum amount of people sharing the room as set out during the booking process.

4.4 Additional guests are not permitted without our prior approval and will require payment of an additional charge of 25% per person of the price of the Accommodation for the relevant night(s), which we will ask you to pay before your stay commences.

4.5 Our prices include VAT.

4.6 If you do not pay when you are required to do so then we may cancel your Booking and retain your deposit.

4.7 Once your Booking is confirmed you are responsible for payment of the full amount.

4.8 If we accept your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract and refund you any sums you have paid.

5. Your rights to cancel and receive a refund

5.1 You may cancel your Booking at any time. This clause explains when you are entitled to a refund and how that is calculated. We recommend that you obtain travel insurance.

5.2 If you need to cancel your Booking, please contact us as soon as possible in writing using the email address you provided when you made your Booking.

5.3 The amount we agree to refund you is dependent on how close your cancellation is to your arrival date. This is because we are less likely to recover the cost of your Booking by re-selling the Accommodation. The amount of any refund due therefore decreases as your arrival date approaches:

a) Notice of cancellation received 30 days (45 days for bookings of 3+ rooms) or more before arrival date: refund in full.

b) Notice of cancellation received less than 30 days (45 days for bookings of 3+ rooms) before your arrival date: no refund (however we may be able to change your booking, see clause 6 Changing your Booking below.)

5.4 If you decide to vacate the Accommodation before your date of departure for any reason other than as a result of us breaching our obligations under these Terms or our negligence, we are not liable to offer you a refund.

5.5 Once we have confirmed your Booking, you may cancel it at any time and receive a full refund of all the payments you have made to us by giving us notice if any of the following occur:

a) we break this contract in any material way and we do not correct or fix the situation within a reasonable period; or

b) we change these Terms to your material disadvantage.

6. Changing your Booking

6.1 You may make a change to your Booking by contacting us prior to the start of your stay subject to availability. If you wish to change your Booking the following will apply:

a) Requests to make changes to your Booking will only be accepted if your request is made 30 days (45 days for Group Bookings of 3+ rooms) or more prior to your arrival date and will be subject to availability.

b) Your amended Booking must commence within 12 months of the date [of your original] Booking.

c) We will only accept instructions to amend the Booking by the person who made the Booking using the email address provided in the original Booking.

d) We will refund the difference in price if your amended Booking is one for which we ordinarily charge a lower price at the date we receive notice from you that you wish to change. In that case we will explain why we are not able to provide you with a refund of the difference in the price.

e) You will also have to pay us the difference in price if the altered Booking is one for which we ordinarily charge an additional amount at the date we receive notice from you that you wish to change.

7. Our rights to cancel and the refund you will receive

7.1 We may have to cancel the Booking due to the unavailability of key personnel or key facilities without which we cannot provide the Accommodation, including in circumstances of an Event Outside Our Control. If this happens:

a) we will promptly contact you to let you know

b) we may cancel the Booking and refund your payments, or offer alternative Accommodation and refund any payments for Accommodation not yet provided to you less the cost of alternative Accommodation

c) if we offer alternative Accommodation you may still choose to cancel the Booking and we will refund the payments you have made to us.

7.2 We may cancel the contract for Accommodation at any time with immediate effect if:

a) you do not pay us when you are supposed to, or

b) you are in breach of these Terms in any other material way and where the breach is capable of remedy by you, you do not remedy the situation within a reasonable period after we ask you to.

7.3 If you do not arrive, or you have not notified us of a later arrival, before [12 pm on the day following the date on which your Booking commences] we will cancel the Booking and you will not be entitled to a refund.

8. Providing Accommodation

8.1 We will supply the Accommodation to you from the date set out in the Booking Confirmation, for the named individuals stated on the Booking Confirmation with the additional services set out in the Booking Confirmation.

8.2 We reserve the right to change your allocated Accommodation before the arrival date and to alter prices as a result of any changes that the Government may require us to make by statute. You will be given reasonable notice in the event of any such changes.

8.3 We will endeavour to supply specific Accommodation on request but this cannot be guaranteed and we may supply different Accommodation of an equivalent or higher standard.

8.4 We will make every effort to provide the Accommodation. However, we may be unable to do so due to an Event Outside Our Control.

8.5 In the event of an Event Outside Our Control or in the event of a serious breakdown of services, other emergencies or withdrawal from service of your Accommodation, we reserve the right to offer you the opportunity to change the dates booked, upgrade the Accommodation, or cancel the booking and receive a refund, please see clause 7 Our rights to cancel and the refund you will receive for more information.

8.6 We will not be liable for compensation, or responsible for any failure to perform any of our obligations under these Terms caused by an Event Outside Our Control.

8.7 We may have to make minor changes to our facilities and some may be unavailable due to events we are hosting or maintenance at any time so please enquire about their availability before you book with us. In such circumstances we will always make every effort to provide alternative facilities; however, we do not offer refunds in the event of any facilities or services being temporarily withdrawn.

8.8 We may need certain information from you in order to provide the Accommodation, including but not limited to the following:

a) the number of people for whom the Booking is made, their names and age if they are under 18

b) whether you wish to bring any pets

c) any special requirements, such as a need for easy access to Accommodation.

If you do not, after being asked by us, provide us with this information, or if you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover changes to Accommodation, any extra items or services supplied or alternatively we may cancel the Booking. If you do not pay any additional charge, we require as a result of your request to make changes to the Booking, we may cancel the Booking.

9. Your liability for damage

9.1 Please look after the Accommodation and the Hotel facilities. Please report any accidental damage to front desk immediately so that we can arrange a repair or replacement.

9.2 We inspect the Accommodation between your departure and the arrival of the next guest. You may be charged for loss or damage caused by you.

10. Checking in and checking out

10.1 You are welcome to arrive earlier and enjoy our facilities but your Accommodation will not be available until 3 pm.

10.2 Check out is by 11:30 am on the date of departure. Please return the Accommodation keys to front desk. You are welcome to use our facilities on your day of departure.

11. If there is a problem with the Accommodation

11.1 In the unlikely event that there is any problem with the Accommodation or the Hotel:

a) please tell us as soon as reasonably possible

b) please give us a reasonable opportunity to put it right

c) we will use every effort to repair or fix any defect as soon as reasonably practicable.

11.2 If any problem with the Accommodation or the Hotel which is our fault means we are obliged to cancel your Booking, we will refund payments made for Accommodation not yet provided to you.

11.3 As a consumer, you have legal rights in relation to this agreement. Advice about those rights is available from Citizens' Advice Bureau or Trading Standards. Nothing in these Terms will affect these legal rights.

12. Our liability to you

12.1 If we fail to comply with these Terms or are negligent, we are responsible for loss or damage you suffer as a foreseeable result of our breach or our negligence but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

12.2 Unless we agree otherwise in writing, we only supply the Accommodation for private use. You agree not to use the Accommodation for any commercial purpose and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not exclude or limit in any way our liability for:

a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors

b) fraud or fraudulent misrepresentation.

12.4 We endeavour to provide a secure environment and we take appropriate security measures. If an incident occurs on our premises during your stay resulting in theft, loss or damage of your property we will investigate. If we determine that your property was not stolen, lost or damaged through any fault of ours, our staff or agents, our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956 where it applies. If the loss is caused by your negligence or an Event Outside Our Control, our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956 where it applies.

13. Behaviour standards

13.1 By making a Booking with us you have entered an agreement in which you undertake on behalf of yourself and the members of your Booking (including children), to adopt the following standards of behaviour:

a) act in a courteous and considerate manner towards us, our staff and other guests;

b) supervise children properly so that they are not a nuisance or danger to themselves or others.

13.2 You must not:

a) smoke anywhere in the Hotel including rooms, except in designated smoking areas;

b) commit any criminal offence at the Hotel or undertake any criminal activity;

c) commit any acts of vandalism or nuisance;

d) keep or carry any firearm or any other weapon at the Hotel;

e) use any unlawful drugs;

f) create any undue noise or disturbance;

g) carry on any trade or business at the Hotel; or

h) use our wifi for unlawful purposes.

13.3 You should respect the privacy of other users of the Hotel and keep noise to a minimum between the hours of 11:00 pm and 8:00 am.

13.4 We are entitled to eject anyone from the Hotel who acts in a manner likely to cause significant upset or significantly annoy other users of the Hotel or our staff or who we reasonably believe is guilty of a criminal offence.

14. Food and drink

With the exception of baby foods, only food and drink that is purchased on the premises may be consumed in our restaurants, bars and other food service areas.

15. Car parking

15.1 Free parking is provided for one car per room. We will ask for your car registration details before your arrival.

15.2 In the absence of any negligence or other breach of duty by us, we are not responsible for any theft, damage, destruction or loss of your property or belongings while using our car park.

16. Pets

16.1 If you wish to bring your dog with you please let us know before you make your Booking, we may be unable to accommodate your dog if you do not. Well behaved and house-trained dogs are welcome at Watergate Bay Hotel in specified rooms with a maximum of two dogs per room.

16.2 Dogs are charged at £15 per night for the first dog and £5 per night for a second dog. We do not provide dog food.

16.3 Guests with dogs will be given a copy of our dog owner’s protocol on arrival. If you require a copy in advance, please visit www.watergatebay.co.uk/dog-rules or contact us.

17. Babies and Children

17.1 Babies under 3 years old (sleeping in a cot) stay free of charge.

17.2 For the purpose of these terms we deem children to be persons between 3-12 years.

17.3 We will allocate rooms to guests under 17 years so that they are sharing with a parent, guardian or supervising adult as applicable. Guests under 17 years must not use a separate room without adult supervision unless the rooms are interconnected.

17.4 Children 3 years and over sharing their parents’ room are charged 25% of the room rate.

17.5 Interconnecting rooms are charged at full rate for two people sharing, additional children/ adults sharing these rooms will be charged as above.

17.6 Babysitting can be booked in advance for children of all ages and will be charged to your account. A minimum charge of £24 applies for bookings up to two hours, and £12 per hour thereafter. For same day cancellations the minimum charge will apply.

17.7 A baby monitoring service is available (except in the Village Family Apartments); this service in no way allows parents to relinquish responsibility for their children. While using this service parents must monitor their children at all times. We take reasonable precautions to ensure the safety of our monitoring service but you must read the instructions provided carefully and regularly check the equipment while it is in use.

18. Information about us and how to contact us

18.1 Watergate Bay Hotel Limited is a company registered in England and Wales. Our company registered number is 03709185. Our registered office address is Watergate Bay Hotel, Watergate Bay, Newquay, Cornwall, TR8 4AA. Our registered VAT number is GB133233313.

18.2 If you have any questions or complaints please contact us. You can contact us by telephoning 01637 860543 or by emailing us at tellus@watergatebay.co.uk.

19. How we use your personal information

We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website at www.watergatebay.co.uk/privacy

20. Other important Terms

20.1 These terms are governed by English law and subject to the jurisdiction of the English courts.

20.2 We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms.

20.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing beforehand.

20.4 This contract is between you and us. No other person has the right to enforce any of its Terms.

20.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in effect.

20.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.