SeaSpace Booking Terms and Conditions
1. Definition
1.1 When the following words are used in these Terms, this is what they will mean:
Accommodation
the accommodation at the Aparthotel provided for holiday letting purposes, as confirmed in the Booking Confirmation.
Aparthotel
SeaSpace, Watergate Rd, Porth, TR7 3LX, Cornwall, United Kingdom.
Arrival Date
the date and time on which your Booking will begin, and the Accommodation will be made available to you, as confirmed in the Booking Confirmation.
Balance Due Date
the date on which payment of the full Booking Price is due, as confirmed in the Booking Confirmation.
Booking
the confirmed reservation of the Accommodation to commence on the Arrival Date and end of the Departure Date.
Booking Reservation
your request to book the Accommodation at the Aparthotel.
Booking Confirmation
the written acceptance from us of the Booking Reservation which may include more information such as details around arrival and departure, directions, Electric Vehicle Policy etc.
Booking Party
the individuals attending the Booking subject to these Terms.
Booking Price
the price payable for the Accommodation, as set out on our Website and confirmed in the Booking Confirmation.
Contact Details
you can contact us by telephoning 01637 872864 or by emailing us at hello@sea.space
Departure Date
the date and time on which your Booking will end and you must vacate the Accommodation.
Deposit
a percentage of the Booking Price that may be required when making your Booking Reservation, as detailed on the Website and confirmed in the Booking Confirmation.
Electric Vehicle Policy
our policy for electric vehicle charging as made available on our Website.
Events 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.
Terms
the terms and conditions on which your Booking is supplied to you, being this agreement and any other documentation referred to in this agreement which constitute our overall contract.
We/our/us
SeaSpace Limited (Company No. 04658829) whose registered office is Watergate Bay Hotel, Watergate Bay, Newquay, England, TR8 4AA.
You/Your
the individual who makes the Booking Reservation, who must be over the age of 18.
1.2 When we use the words “writing” or “written” in these Terms, this will include email unless we say otherwise.
1.3 If you have any queries, please contact us via the Contact Details.
2. Changes to our terms or your booking
2.1 The law and how we have to operate the Aparthotel 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 at least 14 days’ written notice of the change. You can choose to cancel your Booking if you do not accept these changes and will be given a full refund.
3. Our contract with you
3.1 When you submit a Booking Reservation 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 We may have to refuse your Booking after you have received an automated Booking Confirmation in instances where the Booking has been accepted in error. In such instances, we will inform you within 72 hours and refund any payments you have already made.
3.4 If you have made a specific request when making the Booking Reservation which we are unable to accommodate (such as accessible apartments, 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 refund any payments you have already made. This might be because Accommodation or essential facilities are unavailable, or we have identified an error in the price or description of the Accommodation.
3.5 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 full Booking Price must be paid before the Arrival Date.
4.2 The Booking Price will be set at the time we issue the Booking Confirmation. Our prices may change at any time, but price changes will not affect Bookings already confirmed with you.
4.3 All prices are calculated per apartment per night based on the maximum amount of people sharing the apartment as set out during the booking process. Full details can be found on the Website.
4.4 We reserve the right to charge a Deposit. The value of the Deposit required will be shown at the time of making the Booking Reservation and further confirmed in the Booking Confirmation.
4.5 We use a tokenised card system, operated by a third party. Card details are taken at the point of making the Booking Reservation online, or submitted via a link sent by us where the Booking Reservation is taken over the phone. We use a third party provided automated system to take payment of the Booking Price (including Deposit where applicable) directly from your card in accordance with the payment scale as confirmed at the time of making your Booking and in your Booking Confirmation. We will send a reminder before payment is taken from your card. A tokenised version of your payment details are held by;
(a) us until your Departure Date and
(b) the third party in accordance with their terms. For further details on our third party provider, please contact us at hello@sea.space.
4.6 If we accept your Booking where a pricing error is obvious and unmistakable 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.
4.7 Our prices include VAT.
4.8 We take payment via Visa and Mastercard only.
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 [original] Booking 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. Our cancellation policy can be found on our Website, and as confirmed in the Booking Confirmation.
5.4 If you cancel your Booking, we will try and re–let the Accommodation. If we are able to re-let the Accommodation, we will be able to offer you a refund subject to any difference in price between the Booking Price and the re-let price.
5.5 If you decide to vacate the Accommodation before your Departure Date 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.
5.6 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 and you choose not to agree to the new Terms.
6. Change your booking
You may make a change to your Booking by contacting us prior to the arrival date of your stay, subject to availability. If you wish to change your Booking the following will apply:
a. We will only accept requests to amend the Booking by the person who made the Booking using the email address provided in the original Booking.
b. Where accepted, your amended Booking must commence within 12 months of the date [of your original] Booking, once a booking commencement date has been changed it cannot be refunded.
c. You will 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.
d. Booking amendment requests are dependent on how close your request is to your arrival date. This is because we are less likely to recover the cost of your Booking by re-selling the Accommodation. If the 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, the following terms apply:
i. Notice of amendment received 60 days (75 days for bookings of 3+ rooms) or more before arrival date: Refund of the difference in price
ii. Notice of amendment received 30 – 60 days (45 – 75 days for bookings of 3+ rooms) or more before arrival date: 50% refund of the difference in price
iii. Notice of amendment received less than 30 days (45 days for bookings of 3+ rooms) before your arrival date: no refund, no amendment – see clause 5. Your rights to cancel and receive a refund
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 Arrival Date, 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 Booking Party 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 14 days notice in the event of any such changes and you can choose to cancel your Booking if you do not accept these changes and will be given a full refund.
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 dogs; and
(c) any special requirements, such as a need for easy access to Accommodation.
8.9 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 Aparthotel 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.
9.3 You may be charged for loss or damage to the Accommodation and the Aparthotel facilities caused by you.
10. Checking in and out
10.1 You are welcome to arrive earlier and enjoy our facilities, but your Accommodation will not be available until 3 pm on the Arrival Date.
10.2 Check out is by 10am on the Departure Date. 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 Aparthotel:
(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 Aparthotel 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 which it would be unlawful to exclude including:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
12.4 We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.
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 and dogs), 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;
(c) in line with clause 16, supervise dogs properly so that they are not a nuisance or danger to themselves or others. Always ensure your dog(s) are supervised by a responsible person, and are kept on the lead whilst inside the Aparthotel and grounds
13.2 You must not:
(a) smoke anywhere in the Aparthotel including apartments, except in designated smoking areas;
(b) commit any criminal offence at the Aparthotel 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 Aparthotel;
(e) use any unlawful drugs;
(f) create any undue noise or disturbance;
(g) carry on any trade or business at the Aparthotel; or
(h) use our Wi-Fi for unlawful purposes.
13.3 You should respect the privacy of other users of the Aparthotel 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 Aparthotel who acts in a manner likely to cause significant upset or significantly annoy other users of the Aparthotel 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 cafe.
15. Car parking
15.1 Free parking is provided for one car per apartment. 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.
15.3 Electric Vehicle charging is available at the Aparthotel and must be used in accordance with our Electric Vehicle Policy.
16. Dogs
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 the Aparthotel in specified apartments with a maximum of two dogs per apartment.
16.2 Dogs are charged at £15 per night for the first dog and £5 per night for a second dog. There is no charge for medical alert dogs or guide dogs.
16.3 We reserve the right to ask any dog to be removed from the aparthotel at any time.
16.4 We do not provide dog food. We can provide dog bowls. Dogs and dogs are not allowed on the in-apartment furniture including the bed. You must provide your own dog bed. Guests with dogs are required to abide by our dog owner house rules, please visit sea.space/dog-policy or contact us.
17. Babies and children
17.1 Babies under 3 years old (sleeping in a cot) stay free of charge.
17.2 We will allocate apartments 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 apartment without adult supervision unless the apartments are interconnected.
18. 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 sea.space/privacy-policy.
19. Other important items
19.1 These Terms are governed by English law and subject to the jurisdiction of the English courts.
19.2 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.
19.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing beforehand.
19.4 This contract is between you and us. No other person has the right to enforce any of its Terms.
19.5 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.
19.6 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.