JAMES STUART HEARN AND HELEN JANE HEARN TRADING AS
TERMS AND CONDITIONS FOR BOOKING AND USE OF GLAMPING ACCOMMODATION EFFECTIVE FROM 09/01/2021 (“CONDITIONS”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING YOUR BOOKING
“Accommodation” means an Alachigh glamping unit located at the Site as more particularly described on Our website at: https://www.penhein.co.uk/glamping/alachigh-tents/
“Contract” means the contract made between Us and You when we issue You with the Order Confirmation and is made up of these Conditions and the Order Confirmation
“Order” means Your booking of Accommodation at the Site made over the telephone, by email or by means of Our online booking facility on Our Website at http://www.penhein.co.uk by clicking on the BOOK NOW tab
“Order Confirmation” means Our written or digital confirmation of Our acceptance of Your Order setting out the dates of Your booking, details of the unit of Accommodation booked by You and the total price payable by You to Us for your occupation of the unit of Accommodation during those dates
“Rules” means each and every provision contained in clause 8 below
“Site” means the area at Penhein, Llanvair Discoed, Nr. Chepstow, Monmouthshire NP16 6RB designated by Us for location of units of Accommodation
“We”, “Us” and “Our” means James Stuart Hearn and Helen Jane Hearn trading as Penhein Glamping of Penhein, Llanvair Discoed, Nr. Chepstow, Monmouthshire NP16 6RB
“You” and “Your” means the person named as the Booking Lead in the Order Confirmation
2.1 We reserve the right to accept or decline Your Order entirely at our discretion.
2.2 The information and prices shown on Our website may have changed by the time You come to make Your booking. Although We make every possible effort to ensure the accuracy of the website information and prices at the time of viewing, errors do occasionally occur and from time to time We change the specification of units of accommodation and Our pricing. You must therefore ensure You check the price and all other details of Your chosen booking with Us at the time of booking.
2.3 When You submit a booking via Our online booking system You will receive an automated booking summary by email to the email address You provide when booking. You should check this carefully to ensure that it is an accurate summary of Your Order.
2.4 If we issue You with an Order Confirmation accepting Your Order Our Contract with You will be created at that time. The relevant Conditions that apply to Your booking will be the relevant Conditions in place and in force at the time we issue You with the Order Confirmation, a copy of which you will have seen and a copy of which can be sent to you, if requested.
2.5 If We agree to issue it, Your Order Confirmation will normally be issued within 48 hours after Your Order and Our receipt of the money referred to in 3.1 below. If You have not received Your Order Confirmation within that specified time You should notify Us by email to email@example.com.
2.6 You, as the person named in the Order Confirmation, 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 and otherwise of full legal capacity at the date of the Order Confirmation and during Your presence on the Site.
2.7 Children under 18 must be accompanied and supervised by a responsible adult member of Your party at all times and in all locations within the Site.
2.8 If You have any special requests (for example cots, high chairs, waterproof sheets, or unit location), please let Us know at the time of booking. We will do everything we can to meet Your requests but unfortunately We cannot guarantee that they will be met.
2.9 Except by prior arrangement confirmed in writing, only the number of persons specified in an Order Confirmation may occupy a unit of Accommodation. We reserve the right to refuse admittance or revoke any booking if this condition is not observed and such failure to observe shall be considered to be a cancellation of Your booking with the financial consequences set out in clauses 4 and 5 below.
2.10 Upon Order Confirmation, You agree to abide by Our Covid-19 safety measures and procedures at all times contained in our Covid-19 Guest Information Sheet, a copy of which will be sent to You by email.
2.11 The Contract is an agreement for the future provision of leisure facilities on specified dates which means that You do not have a statutory right to cancel the Contract. However, these conditions include, at clauses 4 and 5 below a right to cancel the Contract on and subject to the provisions of that clause.
2.12 We welcome single sex and all adult groups (for example, stag, hen or birthday parties) and these groups can book up to a maximum of two units on the Site. However if You require more units of Accommodation We are only prepared to consider the acceptance of Orders for all of the six units on the Site made simultaneously and for the same dates and duration.
3.1 We will confirm the price of your Accommodation in the Order Confirmation.
3.2 All prices include VAT.
3.3 A non-refundable booking fee of £50.00 is payable for every unit of Accommodation booked by You with Us, and is included within the price of your Accommodation confirmed in the Order Confirmation. This non-refundable booking fee applies to all bookings made by You to Us (including via our website, by email or over the telephone with Us directly and any bookings made through third parties, agents or otherwise). This means that if You book one unit of Accommodation, a non-refundable booking fee of £50.00 is payable. If You book the whole site being six units of Accommodation, the non-refundable booking fee is payable per unit of Accommodation booked being a total of £300.00. We charge a non-refundable booking fee to cover Our expenses incurred during the booking process (including but not limited to setting up and managing the booking, administrative costs, and bank processing charges relating to the initial payment or costs of refunding (if any)).
3.4 We will not issue an Order Confirmation unless We have received from You a deposit of 25% of the price payable for Your booking or payment of the price in full if Your booking is made less than 5 weeks before Your stay on the Site is to begin.
3.5 Where a deposit has been paid on account of the price specified in the Order Confirmation, full balance payment will be due 5 weeks in advance of Your check in date and a reminder will be sent to You two weeks prior to this date, where applicable, by email with a link to make the final payment. If You have not given Us an email address, We will phone You to discuss Your balance payment. If We have been unable to take payment after two weeks of the balance due date, We reserve the right to cancel your Contract with Us.
3.6 We also reserve the right to require a deposit from You as security for any damage You or any member of Your group may cause to the Site, Your unit of Accommodation or any of its contents. The terms on which We levy and apply such a deposit are as follows:
3.6.1 If Your Order Confirmation relates to not more than 2 units of Accommodation, the deposit is £250, and if for 3 or more units £500;
3.6.2 The full amount of the deposit must be paid no later than 7 days before Your scheduled arrival at the Site, in default of which You will not be allowed entry and such failure to pay by due date shall be deemed in all respects to be a cancellation of Your booking with the financial consequences set out in clauses 4 and 5 below;
3.6.3 We will advise You within 7 days after such departure of any loss or damage We have identified, and the amount We shall claim from You;
3.6.4 If We identify no such loss or damage We will promptly advise You and return the deposit in full within 10 working days after Your departure from the Site;
3.6.5 We shall apply the deposit in repairing or replacing all such loss or damage We identify;
3.6.6 If the deposit is insufficient to compensate Us for such loss or damage We reserve the right to claim the amount of any excess loss or damage from You; and
3.6.7 If We identify any such loss or damage We shall be entitled to charge You a management charge in connection with its identification, repair and/or replacement of lost or damaged property at an hourly rate of £15 plus VAT.
3.7 Time is of the essence in connection with Your payments to Us, meaning that We will strictly apply the dates for payment described in 3.4 and 3.5 above.
3.8 We accept payment by personal cheque, credit or debit card in each case issued by a UK domiciled clearing bank, or BACS transfer, but We do not accept payment by American Express.
4.1 Any cancellation or amendment request must be sent to Us by email (firstname.lastname@example.org) and will be considered and responded to within two working days of receipt. You are also advised to confirm all changes by phone on 01633 400581. Please ensure that You have received written confirmation of any changes to Your booking prior to travel. Whilst We will always try to accommodate Your request for an amendment, We cannot guarantee that such requests will be met.
4.2 Flexible Cancellation Policy – For all bookings made directly through Us via our website, by email or over the telephone (excluding any bookings made through third parties, agents or otherwise) from and including 09 January 2021, You can cancel Your booking for any reason (subject to clause 4.3 below) and obtain a refund of the costs You have paid to Us for accommodation (excluding costs associated with any activities and/or relaxation treatments). These costs are set out in the table at clause 4.6 which vary dependent on when Your cancellation is received by Us. All refunds under our flexible cancellation policy will be paid to You within 28 days of the final day of your stay.
4.3 Covid-19 Cancellation Policy – Subject to clause 4.2 above, for all bookings made directly through Us via our website, by email or over the telephone (excluding any bookings made through third parties, agents or otherwise) from and including 09 January 2021, the following terms apply if You are required to cancel Your booking for any reason associated with Covid-19 (including any new variant and/or mutation of the coronavirus):
4.3.1 If We are required to close the Site due to a local lockdown or national lockdown imposed by the government, any authority, public health organisation or other similar official body, and consequently We are unable to fulfil the Contract between Us and You, or where We decide not to open the Site, We will provide a full refund to You less the non-refundable booking fee, in accordance with clause 3.3. Please refer to clause 6 below for further information.
4.3.2. If You (including the Booking Lead and any or all members of Your group) are unable to attend the Site as a result of:
18.104.22.168 government guidance (including, but not limited to, the requirement to self-isolate due to Covid-19);
22.214.171.124 the Booking Lead or any or all members of Your group receive a positive Covid-19 test result prior to your booking;
126.96.36.199 You are prohibited from travelling to the Site as you live in an area in local lockdown;
188.8.131.52 the Booking Lead and any third party members are unable to attend the Site due to prohibited household mixing rules which would breach government guidance (such as the “Rule of 6”) or any further government guidance that may be issued from time to time as a consequence of the Covid-19 pandemic
We are unable to accept any responsibility for this. We understand that these circumstances may be unforeseen to You and We consider the following provisions set out below to be reasonable:
184.108.40.206 We will retain the non-refundable booking fee (as per clause 3.3) from You;
220.127.116.11 In the event where you cancel Your booking as a result of these circumstances, the refund charges will apply as set out in clause 4.6 below.
4.4 Subject to clause 4.2 above, if You cancel Your booking We will or are very likely to suffer financial loss and so We make charges to cover them and the cost of Our administrative time involved in giving effect to the cancellation and seeking a substitute Order from another customer of Ours. We therefore seek to recover such losses and charges from You. We consider the provisions of the table set out in clause 4.6 below to be reasonable refunds payable to You and by placing Your Order with us You confirm your agreement to Our application of those charges and your acceptance of the agreed refunds as set out therein to You.
4.5 If You are cancelling Your booking because You are unable to be on the Site during the dates of Your booking, but would like to make a booking for different dates, We will try to accommodate Your request but cannot guarantee that such request will be met. For the avoidance of doubt, if you are cancelling Your booking because You are unable to be on the Site during the date of Your booking, We make charges to cover the cost of Our administrative time involved in giving effect to the cancellation and seeking a substitute Order from another customer of Ours. We therefore seek to recover such losses and charges from You. We consider the provisions of the table set out in clause 4.6 below to be reasonable refunds payable to You and these provisions will apply. You are able to apply any refund received as set out in clause 4.6 below towards Your booking for different dates.
4.6 The cancellation charges referred to above result in a refund to You as follows:
|No. of days between cancellation date and start of stay on the Site||Refund to You expressed as a percentage of the total price set out in the Order Confirmation|
|Up to and including 7 days||10% refund minus non-refundable booking fee (as per clause 3.3) unless Accommodation is rebooked.|
If Accommodation is rebooked, the refund to You will equal the amount received by Us from the new booking less the non-refundable booking fee (as per clause 3.3).
|8 to 21 days (inclusive)||25% refund minus non-refundable booking fee (as per clause 3.3) unless Accommodation is rebooked.|
If Accommodation is rebooked, the refund to You will equal the amount received by Us from the new booking less the non-refundable booking fee (as per clause 3.3).
|22 to 35 days (inclusive)||A 50% refund minus non-refundable booking fee (as per clause 3.3) unless Accommodation is rebooked.|
If Accommodation is rebooked, the refund to You will equal the amount received by Us from the new booking less the non-refundable booking fee (as per clause 3.3).
|36 days or more||A 100% refund minus non-refundable booking fee (as per clause 3.3).|
4.7 If You cancel Your booking We will amend the availability page of Our website accordingly and take reasonable steps to secure a replacement booking in whole or in part as circumstances permit.
4.8 We will not pay You any refund of the price paid for Your stay on the Site or any part of that price if You leave the Site before Your scheduled check out date.
4.9 You are strongly advised to obtain insurance cover against the risk of any cancellation or postponement of your booking for whatever reason including, but not limited to, UK travel insurance cover.
4.10 Subject to Our flexible cancellation policy outlined in clause 4.2, We will not accept any amendment to Your booking made less than 7 days before the scheduled start of Your stay on the Site. If You advise Us that if Your amendment cannot be agreed You will be unable to stay on the Site for the agreed days of Your stay We shall consider You to have immediately cancelled Your booking and apply the applicable charges set out in 4.6 above.
4.11 If We are able, in Our absolute discretion, to agree to the amendment(s) You request pursuant to clause 4.10, We will advise You of any increase or decrease in the price of Your stay that We would need as a result of the amendment. If You accept that increase or decrease it will be applied subject to Our right to charge You an administration charge of £50 plus VAT at the rate applicable on the date We agree to the amendment.
4.12 If You do not agree to such adjustment to the price We shall consider You to have immediately cancelled Your booking and apply the applicable charges set out in clause 4.6 above or clause 5.1 below (as the case may be).
4.13 Notwithstanding our flexible cancellation policy outlined in clause 4.2 if, by applying 4.11 above:
4.13.1 We owe You a refund, We will pay it to You as soon as practicable; or
4.13.2 You owe Us an additional sum, You must pay it within two working days after the amendment is agreed.
4.14 If You do not pay us any sum due under 4.13.2 above You will be considered to have cancelled Your booking outside of our flexible cancellation policy in clause 4.2 and We shall consider You to have immediately cancelled Your booking and apply the applicable charge set out in 4.6 above or clause 5.1 below (as the case may be).
4.15 Subject to 4.16 below, if You book an activity or relaxation treatment on the Site during your stay the appointment will be considered binding unless cancelled more than 96 hours in advance. If a cancellation is made within 96 hours of the booking, no refund will be offered. For the avoidance of doubt, our flexible cancellation policy in clause 4.2 will not apply to any activity or relaxation treatment bookings.
4.16 If You book an activity or relaxation treatment on Site for a group of 6 people or more, We require a 25% non-refundable deposit of the total cost of the activity on booking and the balance to be paid 28 days prior to the date of the activity. If a cancellation is made after the balance is paid, no refund will be due to You. For the avoidance of doubt, our flexible cancellation policy in clause 4.2 will not apply to any activity or relaxation treatment bookings.
4.17 In accordance with our flexible cancellation policy in clause 4.2, if You have booked directly through Us over the phone or online (excluding any bookings made through third parties, agents or otherwise), You may be able to get a refund if You have notified Us that you wish to cancel the Contract after We issue Your Order Confirmation (provided that the date of Your stay at the Site is not less than 7 days from the Order Confirmation date, whereby the applicable refund as set out in clause 4.6 above will apply).
5.1 For all bookings made through third parties, agents or otherwise (i.e all bookings not made directly through Us via Our website, by email or over the telephone), You can cancel Your booking for any reason, however if You cancel Your booking the terms and conditions of the third party, agent or otherwise that You made Your booking through will apply to Your booking. Our terms and conditions do not apply to the cancellation, amendment or payment for all bookings made through third parties, agents or otherwise as Our terms and conditions in respect of payment or cancellations are not accepted by you as part of the booking process made through third parties, agents or otherwise. We are therefore not responsible nor liable for any refunds, costs and/or expenses arising from or associated with such third party cancellations.
5.2 The terms and conditions of agents (or other third party booking providers) will govern the cancellation of any booking made through such third parties, agents or otherwise (i.e all bookings not made directly through Us via Our website, by email or over the telephone). Refunds will be processed in the currency of the booking by the agent (or other third party booking provider) in their sole discretion. All such refunds are not within Our control and We cannot be held responsible for liable for the timings of such refunds.
5.3 Amendments to your booking made through third parties, agents or otherwise (i.e all bookings not made directly through Us via Our website, by email or over the telephone) are subject to availability at the agent’s (or other third party booking provider’s) sole discretion. Any such amendments may incur a fee which is at the agent’s (or other third party booking provider’s) sole discretion. Such fees will be notified to You at the time of such cancellation by such agent (or other third party booking provider).
5.4 In the event that the cancellation terms and conditions of the third party, agent or otherwise that You made Your booking through does not apply, Our cancellation terms contained in clause 4 shall apply.
6.1 We do not expect to have to make changes to Your booking. However sometimes problems happen and bookings have to be changed or cancelled.
6.2 We will only change or cancel Your booking:
6.2.1 if necessary to perform or complete essential remedial or refurbishment works,
6.2.2 if We have to close the Site due to a Meteorological Office Severe Weather Warning or other severe weather event,
6.2.3 if We are required to do so by law as a result of a government imposed local or national lockdown or other recommendation, announcement or restriction, related to Covid-19 (whether made by a government body, authority, public health organisation or other similar official body), or
6.2.4 for other reasons unforeseen at the time You made Your booking which are Events beyond Our reasonable control.
6.3 If We do need to cancel Your booking, We will refund all money that You have paid Us before We cancelled Your booking less the non-refundable booking fee (as per clause 3.3) as soon as practicable. However, we are not liable for any refunds, expenses or losses the Booking Lead or any third party incurs in connection with your booking, including but not limited to, travel costs or otherwise. We strongly recommend that you have adequate insurance in place to cover any cancellations.
6.4 If we do need to make changes to Your booking, We will tell You what those changes are, on the basis that the price will not be increased and We will pay to You such reasonable sum as reflects the application of Our standard charges displayed on Our website to such amended booking.
6.5 Subject to clause 6.6, if You are for any reason unable to accept Our proposed amendments to Your booking (excluding any amendments or cancellations in accordance with clause 11), We shall be deemed to have cancelled it and We will refund all money that You have paid us before We are deemed to have cancelled Your booking as soon as practicable.
6.6 If We do need to amend, change or cancel Your booking in line with clause 11 because it becomes difficult or impossible to deliver the booking due to Events beyond Our reasonable control, We will do Our best to offer You a suitable alternative booking date. If such date is not acceptable to You, We will offer You a credit note to be used against future bookings pursuant to clause 11.3. If neither of these options are acceptable to You, the booking will be deemed cancelled and We may, in our discretion, make an ex gratia payment to You, but in no circumstances will Your deposit be refunded, unless You choose to cancel Your booking in line with clause 4.3.
7.1 A description of what is included with the Accommodation can be found on Our website page at:
7.1.1 Also included is access to the various events and facilities appearing on our website page at:
PROVIDED THAT YOU PAY THE FEES AND CHARGES IDENTIFIED ON THE WEBSITE;
7.1.2 You can get a feel for the general furnishings, crockery and cooking and eating utensils from the pictures of the various units of Accommodation shown on Our website pages at:
We keep and have available for inspection an inventory of all such matters.
7.2 Before You and Your group arrive We will clean Your unit of Accommodation and ensure all its contents are in order and clean, and We will make up all the beds in it with clean bed linen. During Your stay, We do not provide any housekeeping services, such as washing up, bed stripping or making, the tent equivalent of room service and cleaning, and moving rubbish to the central bin area.
8.1 Our check in time is usually 4pm-7pm. However, check in times may vary depending on the latest government guidance on Covid-19. Currently, We are carrying out deep cleaning of all units of accommodation, which inevitably takes longer than usual. We will inform You of the relevant check in time in Your Order Confirmation. We strongly recommend You plan Your journey so You arrive in daylight. Arriving and settling into Your alachigh is an adventure: from wheel barrowing Your bags to Your tent to lighting the stove and candles– it’s not like arriving at a hotel and all of it much easier in the daylight. There are no outside lights in the Site, which means the stars are all the clearer but navigating through the trees to Your Accommodation and getting settled into it will be much more difficult in the dark. We will send You a link to Our welcome app which has all the details to enable You to self-check in. We are on Site between 17:00 to 19:00 daily and, if You arrive between these hours, please let Us know Your arrival time in advance. If You arrive between 17:00 to 19:00, We will endeavour to meet You when You arrive, show You to Your Accommodation and answer any queries You may have. In the event where You arrive at any time after 19:00 (or would simply prefer to use the self-check in option), We kindly request that You follow the self-check in procedure as detailed in the welcome app and make your way to Your Accommodation where You can make Yourself at home.
8.2 Our check out time is usually 10 am on the date you depart. However, as stated above in clause 8.1, check out times may vary depending on the latest government guidance on Covid-19. Currently, We are carrying out deep cleaning of all units of accommodation, which inevitably takes longer than usual. We will inform You of the relevant check out time in Your Order Confirmation
8.3.1 The Site is on a working farm with live animals and potentially dangerous farm equipment amongst other hazards;
8.3.2 Some of the equipment on the Site (such as the woodburning stove) may be dangerous if misused; and
8.3.3 The Site will be occupied by customers other than Yourself
We have made rules which must be observed in an effort to minimise risk of harm, loss or damage to property and individuals and to ensure our customers behave with all due consideration for each other.
8.4 By entering into the Contract, You are undertaking to observe and perform the following rules of conduct throughout Your stay on the Site and to ensure that each and every member of Your group does the same:
8.4.1 to behave in a proper, appropriate and considerate manner with due respect to Us, our family, animals and real and personal property, and to other guests and their property. If You or any person included in Your Order behaves in breach of this provision, We reserve the right to ask such person and their party to leave the Site before the end of the booked period and to refuse any future bookings from You or any member of Your party.
8.4.2 to use the contents of Your unit of Accommodation with all due respect and for the purpose for which they were intended and in a competent manner, and not to damage, break or deface any such items;
8.4.3 to inform Us promptly upon becoming aware of such matters, of any loss of or damage to any of the contents of Your unit of Accommodation or any other equipment, structures or materials on the Site;
8.4.4 not to bring to the Site any
18.104.22.168 hunting equipment,
22.214.171.124 Chinese lanterns,
126.96.36.199 drones (save with Our prior permission, which We shall have absolute liberty to withhold), or
188.8.131.52 domestic pets or other animals or birds;
8.4.5 not to smoke in Your unit of Accommodation, and if You smoke anywhere on the Site outside to take any and all steps necessary or desirable to prevent the risk of fire and to dispose of cigarette ends safely and in the bins provided after having ensured they were completely extinguished;
8.4.6 not to leave any litter anywhere on the Site;
8.4.7 to take all reasonable steps to minimise the risk of disturbing or being approached by any livestock on the Site, not to leave food or other consumables outside Your unit of Accommodation;
8.4.8 abide by Our Covid-19 safety measures and procedures at all times contained in our Covid-19 Guest Information Sheet, a copy of which will be sent to You by email;
8.4.9 At the end of Your stay on the Site You must ensure that:
184.108.40.206 your unit of Accommodation and its contents are left in a tidy condition and the bedding is stripped from the beds and left in the bag provided,
220.127.116.11 all rubbish and refuse in and around Your unit of Accommodation is placed in the bins provided for that purpose in the bin area, and
18.104.22.168 all dishes, crockery and utensils are properly washed up and returned to their cupboards and drawers.
8.5 By entering into the Contract with Us, You agree to indemnify Us and hold Us harmless from any and all costs, losses, charges, and damage incurred or sustained, or to be incurred or sustained by Us arising out of any breach by You or any member of Your party of each of the obligations set out in 8.4 above.
8.6 Should We discover that any personal property has been left on Site after Your stay (“Lost Property”), We will return these items to You by 2nd class post at a minimum charge of £5. If You require Lost Property to be delivered by alternative methods, i.e 1st class post, special delivery or recorded delivery, this will be charged at cost plus a £2.50 administration fee.
8.7 You are responsible for paying all postage costs associated with the Lost Property (“Postage Costs”) and You must transfer to Us the Postage Costs pursuant to clause 8.6 in full by BACS transfer before We post any Lost Property to You. We will only hold onto Lost property for a maximum of 3 months from the date of your stay, after which we will donate the Lost Property to a local charity shop.
9.1 We may terminate Our contract with You and ask You and all members of Your group to leave Your Accommodation and the Site immediately (without any compensation being payable) if:
9.1.1 We consider that You or any member of Your group have committed a serious breach of the Contract;
9.1.2 We consider that Your behaviour or that of any member of Your group endangers the safety of Our visitors or staff or any other person or property on the Site;
9.1.3 We receive any complaints of anti-social or unacceptable behaviour against You or any member of Your group;
9.1.4 You or any member of Your group cause an unreasonable amount of damage to anything on the Site, including your unit of Accommodation and anything within it; or
9.1.5 You exceed the maximum occupancy limit for Your unit of Accommodation.
10.1 We will not be responsible for the loss or damage of any property belonging to You or to any member of Your group while on the Site except if such loss or damage was foreseeable and was caused by the deliberate act of Us or of any member of Our staff.
10.2 We will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by Our negligence or that of Our staff, contractors or agents, or otherwise).
10.3 Our maximum total liability to You and the members of Your group shall not exceed the value of the charges paid by You to Us under the Contract.
10.4 Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by Our negligence or liability for fraud or fraudulent misrepresentation on Our part or that of any of Our staff.
10.5 If You consider that by virtue of any act or omission by Us or any member of Our staff You or any member of Your group has suffered or sustained any loss, damage or injury for which we are liable to compensate You, You must report it to Us as soon as possible and in any event no later than 2 weeks after the end of Your stay on the Site. Your report must include all relevant information and evidence including:
10.5.1 Description of the events or circumstances giving rise to Your claim against Us;
10.5.2 Evidence of such loss, damage or injury;
10.5.3 Details of dates, times and places when and where we may inspect damaged items, and Your agreement to be available for examination by our nominated medical practitioner in the case of personal injury; and
10.5.4 The amount of compensation claimed with evidence in support.
11.1 Notwithstanding any other clause in these Conditions, We will not be responsible for any delay or failure to perform any of Our obligations to You under the Contract that is caused by an event over which We have no control (“Event”).
11.2 For the purposes of 11.1 above, an Event over which we have no control means: any event that is beyond our reasonable control, including (by way of example and not limitation) fire, explosion, storm, flood, earthquake or other severe adverse weather, subsidence, epidemic, pandemic (including, but not limited to, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) which causes Covid-19, and in each case, any effects arising from or in connection with the same including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body)) which affects Our performance of Our obligations to you, or any contagious or communicable disease or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of such attack, war (whether declared or not) or warlike operations, civil commotion, riot, invasion or failure of public or private power, sewerage or telecommunications conducting media or hardware or software.
11.3 If an Event prevents, hinders or delays Our performance of Our obligations to You under the Contract, We shall:
11.3.1 first, use best endeavours to agree an alternative future date for Your booking, provided such future date is acceptable to You; and
11.3.2 second, offer You a credit note to be used against a future booking, valid for up to 12 months from the date of issue.
11.4 If an Event prevents, hinders or delays Our performance of Our obligations to You under the Contract for a continuous period of more than 16 weeks (and provided that You have not agreed an alternative booking date or accepted a credit note to be used against a future booking) You may terminate the Contract by giving written notice to Us. However, if you do so, Your deposit will not be refunded, however We may, in our discretion, make an ex gratia payment to You.
Your booking is personal to You and You may not assign or transfer the benefit of it to any other person.
No-one other than You and Us shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
15.1 These Conditions constitute the entire agreement between You and Us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
15.2 You acknowledge that in entering into this Contract You have not relied on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract.
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.