The Breakers, Main Road, Brancaster Staithe, Norfolk PE31 8PB (the Property)
Terms and Conditions of the Contract
Please read the terms and conditions set out by us (the Owner, us or our) carefully before booking. These terms and conditions bind you & all the members of your party (the Guest, you or your) and it is your responsibility to ensure that all members of your party accept these terms and conditions. Failure to disclose all relevant information or comply with these terms and conditions may lead to termination of the Contract and loss of the booking.
The Property is privately owned and is our home. We hope you enjoy the facilities but kindly ask that you treat the Property with the same respect that you would with your own house. Thank you!
1.1 Please note that all bookings should be made via our website “www.the-breakers.co.uk.” (the Website). All Guests at the Property must be notified to the Owner at the time of booking. Bookings cannot be accepted from persons under eighteen years of age.
1.2 The Owner reserves the right to refuse a booking without giving any reason. In particular, the Owner reserves the right to refuse a booking from (i) all male or all female parties of more than six adults, including without limitation relating to a stag or hen party; or (ii) groups of three or more single people under the age of 18, including without limitation during Hunstanton Tennis Week which takes place in August of each year. No parties or events may be held at the Property. We reserve the right to terminate a booking without notice and without refund in case of a breach of this condition.
1.3 These terms and conditions shall come into existence once the booking has been made on the Website, once you have paid the Deposit (as defined below), or in accordance with Clause 3.5 the total amount, for your stay at the Property and once written confirmation showing the confirmed holiday dates has been sent to you. Until such time, any booking is provisional only.
2. Duration and Times of Rental
2.1 Rentals are for a minimum duration of 3 nights (at certain times of the year only and as set out on the Website) and for a maximum duration of 4 weeks and shall normally commence at 4pm on the first day of the rental unless otherwise agreed with the Owner. Guests are required to vacate the Property by 10am on the day of departure unless otherwise agreed with the Owner. This allows the accommodation to be thoroughly cleaned and prepared for incoming guests.
2.2 The period booked will be stated on the booking confirmation. The period booked cannot be extended unless the Owner gives written approval. The Guest will be liable for any cost, of whatever nature, incurred because of any unauthorised extension.
3. Payment; Deposit; Refundable Damage Deposit
3.1 Unless otherwise agreed by the Owner in writing (and subject to Clause 4 below), the price for the holiday shall be the total rental for the Property as set out on the Website at the time of booking.
3.2 Subject to Clause 4 below, as soon as the booking is received and accepted by the Owner and the Guest is in receipt of the booking confirmation, the Guest is liable for payment of the total amount of rent (including the Deposit), along with any additional charges that may be due in relation to the holiday.
3.3 If a booking is made more than eight weeks before the holiday is due to start, a deposit of 30% of the total rental cost is payable at the time of booking (the Deposit). Payment of the balance of the total rental amount is due eight weeks before the first day of the holiday (the Due Date). The Owners shall not be responsible for sending any reminder of the Due Date.
3.4 If payment of the balance of the total rental cost under Clause 3.3 above is not received by the Due Date, then the Owner may treat the Holiday as cancelled and if so, the Guest shall forfeit the Deposit which will be retained by the Owner.
3.5 Bookings made less than eight weeks before the holiday is due to start must be paid in full at the time of booking.
3.6 A refundabledamage deposit of £500 (the Damage Deposit) is also payable as a deposit to cover accidental damage, loss or loss of rental as a result of the conduct of the Guest or any member of the Guest’s party or any other person or animal authorised to enter the Property at the Guest’s invitation or authority. The Damage Deposit shall be pre-authorised on your credit or debit card one day prior to arrival and returned 5 days after departure, less the cost of any damage or breakages.
3.7 In making a booking you accept responsibility and liability for any theft, breakage, loss or damage caused to the Property or its contents by you or any member of your party or any other person or animal authorised to enter the Property at your invitation or authority to the full value of the Owner’s loss even though the value of such loss may exceed the Damage Deposit and agree to indemnify us in full for any loss that we may incur as a result.
3.8 Any damage found on arrival by a Guest must be reported to the Owner as soon as possible. If damage is present after your departure that has not been reported by you to us, you will be liable for this. We completely appreciate that accidents can happen, however we would be grateful if we are always made aware.
3.9 Payments may only be made by credit or debit card.
4. Cancellation; COVID-19; Force Majeure
4.1 Once a booking for a holiday is received and accepted by the Owner and the Guest is in receipt of the booking confirmation, the booking for a holiday can only be changed or cancelled with the written agreement of the Owner.
4.2 Your booking will not be cancelled by the Owner except in exceptional circumstances beyond our control. Notification will be given of the cancellation as soon as possible and we will promptly refund all payments made for your holiday. Our liability for cancellation will be limited to payments made to us.
4.3 If you wish to cancel the booking for the holiday, you must notify the Owner in writing immediately. A booking for a holiday can only be cancelled in writing and prior to the start of a holiday.
4.4 If you have booked and cancel your holiday prior to the Due Date, then subject to Clause 4.6 50% of the Deposit will be forfeit and 50% of the Deposit will be returned to the Guest.
4.5 If you have booked and cancel your holiday on or after the Due Date, then subject to Clause 4.6 the Owner will levy and the Guest shall pay a cancellation charge which shall be paid through the Owner retaining an amount paid by the Guest which is equal to the total rental cost of the Property (including the Deposit).
4.6 In the event that the Guest cancels the booking for the holiday, the Owner may re-market the Property for the period of the holiday which is subject to cancellation. In the event of the Property being rented out during the period of holiday which is subject to cancellation for at least the full rental price for the holiday that was charged to the Guest, the Owner shall return to the Guest (i) in the case of Clause 4.4, 50% of the Deposit retained and (ii) in the case of Clause 4.5, 100% of the total rental cost (including the Deposit). In the event of the Property being rented out during the period of holiday which is subject to cancellation for less than the full rental price for the holiday that was charged to the Guest, the Owner shall return to the Guest (i) in the case of Clause 4.4, 50% of the Deposit retained (unless the amount of the Deposit is higher than the full rental price for which the Property is being re-let, in which case the Deposit will be forfeit) and (ii) in the case of Clause 4.5, an amount equal to the difference between the rental price which was charged to the Guest and the full rental price for which the holiday is being re-let.
4.7 The Owner reserves the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended prices are significantly higher than the original price quoted, in which case no cancellation fee shall be levied.
4.8 In the event of a cancellation, the period of the holiday may be changed to a different period providing that the Property is available for such new period and that the Owner accepts the change.
4.9 If as a result of COVID-19 there is a national or regional lockdown or a restriction in the number of households or guests which prevents you from fulfilling the holiday, then you will be given the opportunity to select alternative dates with the consent of the Owner, in which case your holiday will take place on those alternative dates, or if this is not possible you will be entitled to a full refund of monies paid to date (including the Deposit).
4.10 If, as a result of unavoidable or extraordinary circumstances, meaning an event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken, we are forced to change or cancel a reservation for a holiday, save in accordance with Clause 4.9, we will be unable to make any refunds, pay compensation or meet any costs or expenses that the Guest incurs. The Owner will seek to make you aware of this as soon as is practically possible.
4.11 We strongly advise that you take out comprehensive travel insurance to cover cancellations. If you choose not to, then you accept responsibility for any loss that you may incur due to your cancellation.
5. Guest’s Obligations
5.1 To pay for any losses or damage to the Property and its contents caused by the Guest or any member of the Guest’s party or any other person or animal authorised to enter the Property at the Guest’s invitation or authority (reasonable wear and tear excluded), which may partially be covered by the Damage Deposit, and to inform the Owner immediately so items can be replaced or repaired prior to the arrival of future Guests.
5.2 To take good care of the Property and to leave it in a clean and tidy condition at the end of the holiday, with the exception of linen to be laundered. Should the Guest leave the property in an unacceptable condition following the Guests’ departure, the Owner reserves the right to make a charge to cover additional cleaning costs at the Property, which may partially be covered by the Damage Deposit.
5.3 Not to sell, re-let, sub-let or transfer the booking (even free of charge) to a party other than one which includes the Guest or which deviates from the names notified to the Owner on the booking confirmation without the Owner’s consent.
5.4 To ensure that the maximum number of persons using the Property at any time does not exceed 8 persons and only those listed on the booking form can occupy the Property.
5.5 To permit the Owner or their representatives the right to enter the Property on reasonable notice, or at any time without notice to undertake essential maintenance or for inspection purposes.
5.6 To retain all inventory in the Property and not take it to another property.
5.7 To be responsible for the safety and security of your children at all times. Never leave children without adult supervision.
5.8 Not to cause an annoyance or become a nuisance to occupants of adjoining premises and in particular to respect the community and try to keep noise levels to a minimum, especially between 11 pm and 8 am.
5.9 Not to vape or smoke anywhere inside the Property. This must be strictly adhered to and any damage or extra cleaning caused by smoking will be at your expense and may be retained from the Damage Deposit. Smoking is permitted outside the Property on condition that all cigarette butts and ash are cleared and disposed of by the Guest before departure.
5.10 Not to move any furniture from one room to another.
5.11 To lock the doors and close the windows when you leave the Property unoccupied.
5.12 To switch off lights, heating, air conditioning or any electrical appliances when you go out – we’re an eco-friendly holiday home !
5.13 Not to use the towels provided as beach towels – beach towels are provided separately.
5.14 Not to use candles inside the Property.
5.15 To wash up all of the dishes and glassware prior to leaving the Property.
5.16To use the designated barbecue utensils and clean the barbecue after use.
5.17 To dispose of all rubbish in the rubbish bins provided at the end of the holiday and make sure that the correct rubbish bins are moved to the roadside ready for collection on the appropriate days. Black and green bins are collected on an alternate fortnightly basis on a Monday. The Owner cannot be held responsible for the removal of excess rubbish. Excess rubbish which requires removal shall be charged to the Guest at a minimum charge of £50.
5.18 To park only in front of or at the rear of the Property and not to the front or rear of the “Sailings” property next door.
5.19 On departure to check all windows and doors of the Property are securely locked. Keys must be returned to the key safe and the key safe locked properly. In the event that keys issued are not returned by the Guest at the end of the holiday, then the Owner reserves the right to charge the Guest to cover locksmith costs to change locks and replace keys
We reserve the right to terminate a holiday without compensation where the unreasonable behaviour of the persons named on the booking (or their guests) or any other person or animal authorised to enter the Property at your invitation or authority may impair the enjoyment, comfort or health of others.
6.1 The Owner shall not be liable for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of use of the Property and any amenities and such use is at the Guest’s own risk. In addition, the Owner accepts no liability for loss of or damage to the Guest’s possessions on the Property.
6.2 The Owner shall not be liable for any temporary defect or malfunction of any equipment, machinery or appliance in the Property. No compensation will be given for any temporary outage of electricity, gas, water, internet connection or television service at the Property.
6.3 The Owner is not responsible for the loss of any personal belongings or valuables of the Guest.
6.4 Nothing in these terms and conditions excludes or limits the liability of the Owner for death or personal injury caused by the Owner’s negligence or for any matter for which it would be illegal for the Owner to exclude or attempt to exclude their liability.
7. Personal Belongings
If the Guest, or any member of the Guest’s party, leaves any personal belongings behind at the Property after departure and the Guest requests that they are to be returned to them, the Guest will be charged the cost of postage and packaging together with an administration fee to have them returned. Any items found by the Owner and not reclaimed will be disposed of within 30 days of them being found. All perishable foods will automatically be disposed of after departure.
8.1 Up to 2 pets only are permitted with the prior written consent of the Owner and where pets are permitted, they are to be kept under control and exercised off the Property.
8.2 Pets are not permitted beyond the ground floor of the Property and should not be allowed onto the furniture, especially sofas, chairs and beds. The Owners do not accept any liability or responsibility for their safety. Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. An additional housekeeping charge of £50 per pet will be made for each booking.
8.3 Any fouling of lawns, paths or outside surfaces at the Property shall be cleared up without delay by the Guest. Failure to do this will result in additional charges being made which may be claimed from the Damage Deposit.
9. The Holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of schedule 1, paragraph 9 of the Housing Act 1988). The letting does not confer a short hold tenancy or give rise to a relationship of Landlord and Tenant.
10. Problems or complaints
10.1 All problems or complaints which the Guest may have concerning the holiday or the Property must be immediately notified to the Owner or our representatives as soon as reasonably practicable, as the Owner may be required to carry out an on-the-spot investigation and if necessary to take remedial action. We will then endeavour to put matters right. The Guest has a legal obligation to mitigate their loss.
10.2 If the Owner is denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the holiday, then the Guest will waive all rights. All complaints relating to the cleanliness of the property should be reported by the Guest to the Owner within two hours of entry to the Property.
10.3 Any complaints not reported to the Owner or its representatives at the time and only reported after the Guest has returned from the holiday will not be considered by the Owner.
11. Breach of Contract
11.1 If there is a breach of these terms and conditions by the Guest or any member of the Guest’s party or any other person or animal authorised to enter the Property at the Guest’s invitation or authority, the Owner reserves the right to re-enter the Property and end the holiday with immediate effect and ask the Guest or any member of the Guest’s party or any other person or animal authorised to enter the Property at the Guest’s invitation or authority to leave.
11.2 If there is a breach of the Contract by the Owner, then the Guest has the right to end the holiday and leave.
11.3 Any ending of the holiday by the Owner or the Guest does not affect that party’s other rights and remedies.
12. Data and Privacy
12.1 The Owner is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
12.2 Please note that there are CCTV cameras installed around the outside of the Property for security purposes. We agree not to use CCTV or other sound and/or vision surveillance equipment of any kind installed or otherwise used at the Property to monitor its interior during the holiday.
13. Governing Law
13.1 The Owner and the Guest agree that the law applying to this Contract will be English law and that the Owner and the Guest agree that the jurisdiction of the English Courts shall apply in any dispute or claim arising out of this agreement.
13.2 We reserve the right to make reasonable amendments or additions to these terms and conditions without notice.
Updated 1 March 2021
We are committed to protecting your personal data. This privacy notice informs you as to how we look after your personal data and tells you about your privacy rights and how the law protects you.
What information do we collect from you?
When you book with us, we will ask you for certain personal information including your name and contact details (home address, email addresses, telephone number and payment details). We may also ask you for information about your preferences and interests, but you are under no obligation to provide this information in order to book with us. By booking with us you are deemed to have consented to the use of personal information for this purpose
Why do we collect this information?
Your name and contact details are needed so that we can communicate with you regards your booking, to provide you with newsletters and inform you of any special deals we are running. Information about preferences and interests may be requested so that we can improve our service, and to provide you with information about special offers and to occasionally contact you for market research purposes. But it is not a condition of booking with us for you to receive this information, and even if you do give your consent to receive it, you can opt out of receiving it at any time.
Who might we share this information with?
We will not share any of the information that we hold about you with any third party, without your consent, or unless the law requires us to do so.
What do we do with your information?
The information that you have provided will be held by us and will only be accessed by authorised representatives. We will only use the information that you have provided for the purpose of your booking and will not use it for any other purposes. As explained above, if you wish to receive information about new products or services, or for research, we will only use your personal information for those purposes.
How long do we keep hold of your information?
We will keep hold of your information in accordance with the following rules: In case of queries, for as long as necessary to deal with any queries (arising from your booking, and to meet the requirements of any financial auditing. If you request marketing information, etc, for as long as you continue to provide your consent, or indicate that you no longer wish to receive such information.
Please note that there are CCTV cameras installed around the outside of the Property for security purposes. We have identified and documented the potential impact on the privacy of Guests and taken this into account when installing and operating our CCTV system. We regularly review whether CCTV is still the best security solution. We confirm that the CCTV cameras are not installed in the interior of the Property.
We have paid the data protection fee to the Information Commissioner's Office (ICO) and nominated an individual who is responsible for the operation of the CCTV system. We have established a process to recognise and respond to Guests making requests for copies of the images on our CCTV footage and to seek prompt advice from the Information Commissioner where there is uncertainty.
We only retain recorded CCTV images for long enough to allow for any incident to come to light (eg. for a theft to be noticed) and to investigate it. We securely store CCTV images and limit access to authorised individuals.
How can I access the information you hold about me?
By making a Subject Access Request and writing to The Owner, The Breakers, Main Road, Brancaster Staithe, Norfolk PE31 8PB or emailing email@example.com. You may be asked for information to prove your identity.
You have the right to complain about the processing of your personal data. Please contact us directly to the details given above. You may also wish to complain directly to the Information Commissioner’s Office so it can investigate compliance with data protection law: www.ico.org.uk