Terms & Conditions
BRAWN & PARKER
Terms and Conditions of Holiday Accommodation
Property: Brambles Chine, Freshwater, Isle of Wight Maximum occupancy: Four guests.
Accommodation: One king-size bed and one solid-oak, adult-size bunk bed unit.
These Terms and Conditions explain the arrangements for booking and staying at Brawn & Parker. Please read them carefully before confirming your reservation.
In these terms, “the Owners”, “we” and “us” refer to the owners of Brawn & Parker. “The Guest”, “you” and “your” refer to the person making the booking and the guests staying at the property.
1. Making a booking
1.1 A booking is subject to availability and confirmation by the Owners or their appointed booking agent.
1.2 The person making the booking must be at least 18 years old, must provide accurate booking information and is responsible for ensuring that all members of their party comply with these Terms and Conditions.
1.3 For bookings made more than eight weeks before arrival, a booking deposit of £250 is payable to secure the reservation.
1.4 The £250 booking deposit forms part of the total accommodation hire price and will be deducted from the outstanding balance. It is not an additional charge on top of the agreed hire price.
1.5 For bookings made within eight weeks of arrival, the full accommodation hire price is payable at the time of booking.
1.6 A contract is formed when the booking has been accepted and confirmed and the required payment has been received, subject to any applicable booking-agent terms.
1.7 The booking confirmation will set out the agreed dates, accommodation price, payment deadlines and any additional charges applicable to the reservation.
2. Payment of the balance
2.1 Where a booking deposit has been paid, the remaining accommodation balance must be paid no later than eight weeks before the arrival date.
2.2 The Guest is responsible for ensuring that payment reaches the nominated payment provider or account by the stated deadline.
2.3 If payment is not received by the due date, the Owners or booking agent will normally contact the Guest to request payment and allow seven calendar days to resolve the missed payment.
2.4 If payment remains outstanding after that notice period, the Owners may cancel the booking by written notification, subject to the booking agreement and applicable law. If the circumstances require urgent action, the Owners may take appropriate steps after giving reasonable notice.
2.5 If a booking is cancelled because of non-payment, any amount retained or claimed will be limited to a fair and proportionate amount permitted by law, taking account of the Owners’ losses, costs saved and any reasonable opportunity to re-let the accommodation.
2.6 These payment arrangements do not remove any rights the Guest may have under applicable consumer law.
3. Changes to a confirmed booking
3.1 Requests to change the dates, length of stay or other booking details must be made in writing.
3.2 Changes are subject to availability and the Owners’ agreement. A change is not confirmed until written confirmation has been provided.
3.3 A change may affect the total price, particularly where different dates or seasonal rates apply. Any revised price will be explained before the change is accepted.
3.4 A reasonable administration charge of up to £20 may apply where a requested change creates additional administrative costs. Any charge will be disclosed in advance and must be fair and proportionate.
3.5 Where a requested change cannot be accommodated, the original booking will remain in place unless it is cancelled in accordance with these Terms and Conditions.
4. Cancellation by the Guest
4.1 Cancellation requests must be sent in writing to the Owners or the booking agent through whom the reservation was made. The cancellation date will normally be the date written notice is received.
4.2 If the Guest cancels, the Owners may retain or recover a reasonable amount to cover the direct losses arising from the cancellation, including reasonable administration costs and any accommodation revenue genuinely lost.
4.3 In assessing the amount, the Owners will take reasonable steps to reduce their losses, including making reasonable efforts to re-let the accommodation for the cancelled dates where practicable.
4.4 Any amount recovered will take account of:
- The notice given before the arrival date.
- The reasonable opportunity to re-let the accommodation.
- Any income received from a replacement booking for the same dates.
- Any costs saved because the original booking did not proceed.
- Any reasonable, evidenced costs arising directly from the cancellation.
4.5 The £250 booking deposit is not automatically forfeited in every cancellation. It may be used towards a fair and proportionate cancellation charge, with any remaining amount refunded to the Guest.
4.6 If the accommodation is successfully re-let for some or all of the cancelled dates, the amount retained will be adjusted to reflect the reduction in the Owners’ loss. Any reasonable additional costs of re-letting may be taken into account.
4.7 If the accommodation cannot be re-let, the Owners may retain or claim an amount reflecting their actual, reasonable loss, subject to applicable law. The fact that a cancellation charge appears in these Terms and Conditions does not automatically make the full hire price payable in every circumstance.
4.8 Guests are strongly advised to arrange suitable holiday cancellation insurance to protect against unforeseen circumstances that prevent them from travelling.
5. Cancellation by the Owners
5.1 If the Owners need to cancel a confirmed booking, they will notify the Guest as soon as reasonably practicable and explain the circumstances.
5.2 Where possible, the Owners may offer suitable alternative accommodation or alternative dates. The Guest is not required to accept an alternative in place of the original booking.
5.3 If the Owners cancel and cannot provide an alternative acceptable to the Guest, all accommodation payments received for the affected booking will be refunded.
5.4 Nothing in this clause excludes any further rights or remedies the Guest may have under applicable law.
6. The refundable damage deposit
6.1 A separate refundable damage deposit of £250 is required. This is distinct from the £250 booking deposit and is not part of the accommodation hire price.
6.2 The damage deposit is intended to cover reasonable, evidenced costs arising from damage, breakages, missing items, lost keys or cleaning required beyond the normal changeover clean due to the Guest’s use of the property.
6.3 The damage deposit will not be used to cover ordinary wear and tear, routine cleaning or pre-existing damage.
6.4 The Owners will inspect the property after departure and aim to return the damage deposit within seven calendar days of checkout.
6.5 If a deduction is necessary, the Owners will explain the reason and provide an itemised breakdown of the amount retained. Where the full cost cannot reasonably be established within seven days, the Owners will explain the position and provide an update as soon as reasonably practicable.
6.6 If the reasonable cost of damage exceeds the damage deposit, the Guest may be asked to pay the evidenced balance, subject to applicable law.
6.7 Any dispute about a deduction will be considered fairly and in good faith. The damage deposit will not be treated as an automatic penalty.
7. Liability and responsibility
7.1 The Owners will take reasonable care in maintaining the accommodation and providing the agreed service.
7.2 The Owners are not responsible for loss of or damage to guests’ personal belongings or vehicles except where that loss or damage results from the Owners’ negligence, breach of contract or other legal responsibility.
7.3 Guests are responsible for loss or damage caused by their own actions or omissions, or those of members of their party or visitors they permit onto the property, subject to applicable law.
7.4 Guests should take reasonable care of their personal belongings, secure the property when leaving and ensure that valuables and vehicles are appropriately protected.
7.5 Nothing in these Terms and Conditions excludes or limits any liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence.
7.6 Nothing in these Terms and Conditions removes or restricts the Guest’s statutory consumer rights.
8. Occupancy and permitted use
8.1 The maximum permitted occupancy is four guests.
8.2 The sleeping arrangements comprise one king-size bed and one solid-oak, adult-size bunk bed unit. Guests should ensure that the sleeping arrangements are suitable for their party before booking.
8.3 The property must be used for private holiday accommodation only. It must not be used for unlawful activities, commercial events or any purpose not agreed with the Owners.
8.4 The Guest must not sublet, transfer or advertise the accommodation to another party without the Owners’ prior written agreement.
8.5 Parties, events and gatherings involving people who are not included in the confirmed booking are not permitted without prior written approval.
8.6 The Guest must not exceed the agreed occupancy limit. Any request for additional visitors or overnight guests must be approved in advance.
9. Bed linen and towels
9.1 Bed linen and towels are included in the accommodation booking, unless the booking confirmation states otherwise.
9.2 Guests should use the supplied linen and towels for their intended purpose and report any accidental damage or unusual staining to the Owners as soon as reasonably practicable.
10. Pets
10.1 Brawn & Parker is not a pet-friendly property. Pets and other animals are not permitted inside the accommodation or on the property unless the Owners have expressly agreed otherwise in writing.
10.2 Guests should contact the Owners before booking if they require any accommodation or adjustment relating to an assistance animal, so that the request can be considered in accordance with applicable law.
11. Smoking and vaping
11.1 Smoking and vaping are not permitted inside the accommodation.
11.2 Guests must ensure that smoke, vapour or cigarette waste does not affect the property, neighbouring properties or other guests.
11.3 Any reasonable additional cleaning or repair costs arising from a breach of this clause may be charged to the Guest where those costs are evidenced and recoverable under applicable law.
12. Behaviour and consideration for neighbours
12.1 Guests must behave responsibly and respect the Owners, neighbours and surrounding community.
12.2 Excessive noise, rowdy behaviour, unlawful activity, harassment or behaviour that causes unreasonable disturbance is not permitted, particularly during night-time hours.
12.3 Guests must not use the accommodation in a way that creates an unreasonable safety risk, damages the property or materially interferes with other people’s enjoyment of their homes.
12.4 Where serious or persistent misconduct occurs, the Owners may take reasonable steps to address it, including requiring the behaviour to stop or, where justified and lawful, ending the stay. Any decision to end a stay will take account of the circumstances and the Guest’s legal rights.
12.5 No refund is automatically due where a stay is ended because of serious misconduct by the Guest, but any amount retained will be assessed fairly and in accordance with applicable law.
13. Care of the property, damage and cleaning
13.1 Guests must take reasonable care of the accommodation, furnishings, appliances, equipment and supplied items.
13.2 Any accidental damage, breakage, fault or safety concern should be reported to the Owners as soon as possible. Prompt reporting may help prevent further damage or expense.
13.3 The property must be left in a reasonably tidy condition, with rubbish disposed of in the designated way, dishes washed or placed as instructed and personal belongings removed.
13.4 Normal changeover cleaning is included in the accommodation price. Additional cleaning may be charged where it is reasonably necessary because of unusual mess, excessive staining, misuse of the property or a breach of these Terms and Conditions.
13.5 Any charge for damage, missing items or additional cleaning must be reasonable, supported by appropriate evidence where practicable and proportionate to the actual cost incurred.
14. Arrival and departure
14.1 Check-in is from 2.00 pm on the arrival date stated in the booking confirmation.
14.2 Checkout is by 10.00 am on the departure date stated in the booking confirmation.
14.3 Early arrival or late departure must be agreed in writing in advance. Such requests are subject to availability and the changeover schedule.
14.4 Unauthorised late departure may result in a reasonable charge where it causes additional costs, delays or disruption to the next booking. Any charge will be proportionate to the actual impact.
14.5 Guests must follow the arrival instructions provided, including any key collection, access or security arrangements.
14.6 Keys, access devices and any supplied security items must be returned or left as instructed. Reasonable replacement costs may be charged for lost or unreturned items.
15. Maintenance, repairs and access
15.1 The Owners may carry out maintenance, repairs and improvements to maintain the safety and standard of the property.
15.2 The Owners will make reasonable efforts to minimise disruption and will inform guests of any material issue that is known before arrival and could affect their stay.
15.3 Where access to the accommodation is reasonably required for urgent repairs, safety checks or to address an emergency, the Owners will provide notice where practicable and respect the Guest’s privacy.
15.4 Except in an emergency or other justified circumstance, the Owners will seek the Guest’s agreement before entering the accommodation during the stay.
15.5 If an essential facility becomes unavailable or a significant problem affects the stay, the Guest should notify the Owners promptly so that reasonable steps can be considered to resolve the issue.
16. Property information, photographs and facilities
16.1 The property description, photographs and listing information are intended to provide an accurate representation of the accommodation and its facilities.
16.2 The Owners may make minor changes, updates or improvements where these do not materially reduce the accommodation or facilities agreed at the time of booking.
16.3 The Owners will not rely on this clause to avoid responsibility for a material difference between the accommodation advertised and the accommodation supplied.
16.4 If a material issue arises that affects the Guest’s booking, the Owners will communicate with the Guest and consider an appropriate solution in accordance with the booking agreement and applicable law.
17. Prices, additional charges and taxes
17.1 The price confirmed at the time of booking will apply to that booking, subject to any changes expressly agreed with the Guest or required by applicable law.
17.2 Prices for future bookings may change without notice until a reservation is confirmed.
17.3 Any additional charge, including any applicable cleaning, damage, administration or other agreed fee, must be disclosed clearly before the Guest commits to the booking.
17.4 No new discretionary charge will be added retrospectively to a confirmed booking.
18. Force majeure and events beyond reasonable control
18.1 An event beyond a party’s reasonable control may include severe weather, flooding, fire, major utility failure, government restrictions, serious transport disruption or another event that makes the accommodation unavailable or the booking impossible or unlawful to fulfil.
18.2 The affected party will notify the other as soon as reasonably practicable and explain the expected impact.
18.3 The Owners will consider reasonable options, which may include alternative dates or accommodation where available.
18.4 If the accommodation cannot be provided, the Owners will deal with the booking and any refund in accordance with the contract and applicable law. Any event beyond reasonable control will not automatically remove rights or responsibilities that remain applicable by law.
19. Complaints and problems during a stay
19.1 Guests should report any problem with the accommodation as soon as reasonably practicable, preferably while still at the property, so that the Owners have a reasonable opportunity to investigate and resolve it.
19.2 The Owners will consider complaints fairly and respond within a reasonable time.
19.3 Reporting a problem does not remove any statutory rights the Guest may have.
19.4 Guests may provide details of unresolved concerns in writing after departure, including relevant photographs or other supporting information.
20. Personal belongings and travel insurance
20.1 Guests are responsible for checking that they have removed all personal belongings before departure.
20.2 If belongings are left behind, the Guest should contact the Owners promptly. Any return arrangements and reasonable postage or handling costs will be discussed with the Guest.
20.3 Guests are advised to arrange suitable travel insurance, including cancellation cover and cover for their personal belongings, where appropriate.
21. Refusal of bookings
21.1 The Owners reserve the right to decline a booking where there is a reasonable and lawful basis to do so, including where the property is unavailable, the occupancy limit would be exceeded or the proposed use would breach these Terms and Conditions.
21.2 Bookings will not be refused on an unlawful discriminatory basis.
21.3 If a confirmed booking must be declined or cancelled by the Owners, the Guest will be informed and any payments will be dealt with in accordance with Clause 5 and applicable law.
22. Governing law
22.1 These Terms and Conditions are governed by the law of England and Wales.
22.2 Any dispute will be handled in accordance with applicable law and the parties’ legal rights.
22.3 Nothing in these Terms and Conditions prevents a Guest from exercising any legal right or remedy available to them.
23. Confirmation of terms
By completing a booking, the Guest confirms that they have had the opportunity to read these Terms and Conditions and understand the main booking arrangements, payment deadlines, occupancy limit and property rules.
These Terms and Conditions should be read alongside the booking confirmation and any applicable terms provided by the booking agent. Where terms conflict, the applicable contractual arrangements and consumer law will determine which terms apply.
Brawn & Parker
Brambles Chine, Freshwater, Isle of Wight
01252 339020
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