All holiday accommodation reservations, whether made by telephone, in person, in writing or via the internet are accepted by Quay Holidays LLP, hereinafter referred to as ‘Quay’, on the following conditions;
1. CONTRACT OF HIRE
The hiring contract is between you, the Hirer, and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire and governed by English Law. Quay are authorised to act as Agents for the owners, and are not principals. The Contract of Hire is not effective until Quay despatch to the Hirer written confirmation of the booking. The contract is for the hire of the property for holiday purposes only. This contract is not a residential letting and the Hirer has no right to remain in the accommodation beyond the contracted expiry date. We do not accept bookings from persons under 21 years of age, where the majority of guests are under 21 years (except families or supervised groups), or stag or hen parties.
2. DEPOSIT PAYMENT
Bookings will be confirmed by Quay once it receives the required deposit payment, being one quarter of the total holiday cost plus the booking fee. If the booking is made within eight weeks of the holiday commencement date, the full accommodation rental charge plus booking fee will be required at the time of booking plus any additional charges eg pet charges, extra beds. Deposits can be paid by bank transfer, card or cheque. In the case of web bookings these can be paid online through our secure payment system or via the third party booking portal.
The Hirer agrees to provide Quay with names and addresses of all guest members, including passport and onward destination details for those travelling from overseas.
3. BALANCE PAYMENT
The Balance of Hire charge will be due for payment eight weeks before the holiday commencement date. On receipt of the Balance Payment, advice of key collection arrangements and directions to the property will be sent to the Hirer. The Owner / Quay reserves the right to cancel a holiday where full payment has not been received less than 28 days before the holiday commencement date. The Deposit Payment on the booking is non-refundable. Services required during the Hirer’s occupation (such as additional z-beds or highchairs) will be payable on booking.
4. METHOD OF PAYMENT
Payment for bookings can be made;
4.1 by bank transfer (in sterling) to NatWest Plc, Sort Code: 54-30-03, Account number: 32605234, Account name: ‘Quay Holidays LLP client account’ (IBAN – GB15NWBK54300332605234 / BIC NWBKGB2L);4.2 by card payment;
4.3 by cheque payable in sterling to ‘Quay Holidays LLP client account’
We regret that we cannot accept payments in cash.
5. VALUE ADDED TAX
Holiday letting accommodation charges do not generally attract VAT. On the rare occasion that an Owner is registered for VAT the Hire Charge is deemed to include VAT in the quoted price, at the prevailing rate. All charges made by Quay, and most third party contractors engaged by Quay, are subject to VAT at the prevailing rate. Quay’s Confirmation of Booking is not a VAT invoice.
6. CONFIRMATION OF BOOKING
Once Quay has issued a Confirmation of Booking, the Hirer is liable to pay the total cost of the booking along with any extras shown on the Confirmation. Amendments to bookings, where agreed to by the Owner via Quay, will be subject to an administration fee of £30 inc VAT.
7. ARRIVAL AND DEPARTURE
The Hirer agrees to provide Quay with both photographic and address ID on arrival for the lead guest and all other guest members where they are not of the same family. Where payment is made by a third party, ID must also be provided for that person. ID will be photocopied on arrival. Acceptable photo ID is a passport or photo driving licence and address ID should be proof of permanent home address by way of utility bill or bank statement, dated within the last 3 months.
Arrival details are sent to the Hirer once Quay has received the balance payment. On the day of arrival keys are usually available to collect from Quay’s office at Orchard Plaza, 41 High Street, Poole, Dorset BH15 1EG between 3pm and 6pm (3pm to 4pm on Sundays). Some properties have separate access provisions which will be advised to the Hirer within the arrival details once a booking is confirmed. Late arrivals may be agreed in advance with Quay at their discretion. If the Hirer does not arrive to collect keys on the arrival date, and the Hirer has not been in contact, Quay will assume that the booking is cancelled.
On the day of departure the Hirer is required to vacate the property by 10am and return the Property’s keys to Quay’s office promptly thereafter. All guests are kindly requested to leave the property as they found it, in a tidy condition, with washing-up done and all rubbish removed. Guests are asked to vacate the property promptly in order that housekeeping staff can prepare for the next guests’ arrival. Special requests for late check-outs can only be made with the prior written agreement of Quay, and a charge will be levied at 50% of the daily rate for departures after 12pm. Any waiting time or abortive cleaning charges resulting from delays in the Hirer’s departure will be deducted from the Hirer’s Damage Deposit.
8. CANCELLATION
If the Hirer is forced to cancel the holiday he/she must inform Quay as soon as possible. The day Quay receives notice to cancel is the date on which it will cancel the Hirer’s booking with the owner. In the event of cancellation by the Hirer, Quay will endeavour to mitigate his/her loss by re-letting the accommodation and, if successful, may refund to the Hirer any monies paid, less the 25% accommodation deposit which is non-returnable, and an administration charge of £60 inc VAT.
It is strongly recommended that, in order to avoid financial loss due to unforeseen circumstances, holiday cancellation insurance is taken out by the Hirer. Quay does not recommend any individual provider but can provide details of brokers that are able to provide such a service upon request.
The Owner and / or Quay reserve the right, at their absolute discretion, to cancel any booking (or arrangement made or part thereof) upon giving the Hirer reasonable notice in writing before the start of the holiday if it is necessary in the circumstances. Quay will try, wherever possible, to provide suitable alternative accommodation but, in the event this proves unsuccessful, the Hirer will be entitled to a full refund, save for where the cancellation is due to the fault of the Hirer. Quay’s / Owner’s liability will cease on return of the full cost to the Hirer. Quay reserves the right to cancel any booking before arrival, on arrival, or during the booking if they believe the Hirer’s use is not for holiday accommodation or for illegal or immoral purposes. Quay reserves the right to cancel any booking or refuse to hand over a key to any person who has not complied with the Booking Conditions. If in the opinion of Quay / Owner any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties, the contract may be treated by Quay / Owner as discharged and Quay / Owner may repossess the property immediately. The Hirer will remain liable for the whole cost of hire and no refund shall be due.
9. BOOKING FEE
Quay charges a booking fee of £30 inclusive of VAT for each booking made.
10. AMENITIES
The use of accommodation, amenities or equipment provided at the property is entirely at the users’ risk and no responsibility can be accepted for personal injury to the Hirer or a member of their party, or for loss or damage to the users’ or visitors’ property, save where such injury or loss arises through the negligence of Quay/ the Owner. This clause does not affect the Hirer’s statutory rights. Quay / Owner provides complimentary bed linen in every property and this must be used. It is not permitted to use beds without linen. The replacement cost of any missing towels (including beach towels), severely soiled or damaged linen together with the cost of any prior cleaning is for the Hirer’s account and may be deducted from any Damage Deposit paid, or repaid to Quay on receipt of an invoice.
Quay / Owner accepts no responsibility for services which may be offered or provided by third parties.
11. PARTY NUMBERS
In no circumstances may the number of occupiers exceed the maximum occupancy stated on the website. Infants under 2 years of age are not usually counted in the maximum, providing the property allows for children. Owners reserve the right to refuse admittance if this condition is not observed. Only those listed on the booking form may occupy the premises.
12. THE HIRER’S RESPONSIBILITIES
The person who completes the booking, ie the lead hirer, certifies that he or she is authorised to agree the Booking Conditions on behalf of all members of the party, including any changes, and will ensure that each is fully aware of the Booking Conditions. The lead hirer must be over 21 years of age and a member of the party occupying the property. The lead hirer agrees to take responsibility for all members of the party. The Owner / Quay reserves the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.
For the whole of the period included within the booking, the Hirer will be responsible for the property and will be expected to take all reasonable care of it. The property details aim to give accurate descriptions of properties. Should any member of the Hirer’s party have specific health or mobility issues which may have a bearing on the Hirer’s booking or the suitability of the premises, this must be advised to Quay at the initial reservation stage so the Hirer can be sure the property is right for them.
The Hirer agrees that the supervision of children, babies, pets (where permitted) and any adults requiring care remains the responsibility of the Hirer at all times.
The Hirer agrees not to cause nuisance or annoyance to occupants of adjacent properties, not to use the property for any purpose other than as holiday accommodation and not to use the property for illegal or immoral purposes, and to pay for any damage or loss howsoever caused (excluding reasonable wear and tear).
The Hirer agrees to abide by the terms of any apartment block or development’s superior-lease regulations or regulations provided by a third-party management company, a copy of which will be displayed in the property. The Hirer agrees to allow reasonable access to the property by the Quay / Owner if it is deemed necessary or required for housekeeping purposes.
No additional furniture or equipment such as televisions, computers (save from laptops and tablets) may be taken into the property.
Where a balcony is provided in the property the Hirer agrees not to smoke on the balcony, have barbecues or cook food on the balcony, hang washing or towels on the balcony or balustrading and at no time to leave children unsupervised on the balcony.
The property and all equipment and utensils must be left clean and tidy at the end of the hire period, with the washing-up done and the furniture in its original position. All rubbish must be disposed of in the external bins provided.
If the Hirer discovers any defect or malfunction within the property, its services or equipment, the Hirer should notify Quay / Owner promptly. Quay / Owner will endeavour to replace or repair any defective items as soon as is reasonably possible, but Hirers should be aware that prior consent of the Owner is required for significant items of expenditure, which may take some time. The Hirer confirms that Quay / Owner or its servants may enter onto the premises for the purpose of effecting repairs or renewals, or to assess the state and condition of the property. While Quay will endeavour to provide reasonable notice, the Hirer may be required to provide immediate access for urgent or emergency works.
In the event that a contractor is called out to the property and the reason for the call-out is attributed to a fault, act or omission on the part of the Hirer or Hirer’s guests, the Hirer agrees to pay the call-out charge and invoice cost either from any Damage Deposit paid or upon receipt of an invoice. This cost is not covered by the Damage Deposit Waiver.
The Hirer is responsible for keeping safe and returning all keys, access fobs or cards, parking permits and remote controls for the property. In the event of loss, the Hirer will be charged the cost of replacement, along with any locksmith’s charges incurred, and Quay’s handling fee of £30 inc VAT. The owner reserves the right to request all keys are replaced in the event of loss.
In the event a Hirer locks him/herself out of the property and Quay needs to attend the property in order to assist, a call-out charge will be levied in accordance with the Fee Schedule which follows.
13. PETS
Unless specifically confirmed on booking or in advance by Quay in writing, pets are not allowed in the property. If the Hirer takes a pet into the accommodation without prior permission of Quay / Owner, then Quay / Owner is entitled to terminate the letting immediately and the Hirer remains liable for the total cost of the holiday and any additional cleaning required, without entitlement to refund.
Where dogs are permitted, a charge of £20 per animal per week will be made. No more than two pets may be accommodated at any one property, and dogs’ bedding must be provided by the Hirer. No pets are allowed on furniture or in the bedrooms. All dogs must be kept under strict control whilst on the premises and on a lead in any common areas, and must on no account be left upon the premises unattended. Any fouling must be cleared up thoroughly without delay.
In the interests of public safety, and as a result of Government legislation, Quay / Owner is unable to accommodate any dangerous dogs, as defined by the Dangerous Dogs Act 2014 including Pit Bulls, Japanese Tosa, Fila Brasileiro and Doga Argentino, even where these dogs are kept muzzled.
14. DAMAGE
All damages and breakages are the legal responsibility of the Hirer, and should be reported immediately and before the end of the holiday. The reasonable costs of repairs and / or replacements and / or additional cleaning of furnishing, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of Hire by the Hirer or other members of the party shall be payable on demand to Quay who may, at their discretion, refuse further bookings.
Any Damage Deposit taken by Quay will be banked on receipt and reimbursed after the holiday, less any deductions which may be incurred. The Owner, Quay or a third-party contractor they instruct has the right to enter the property (without notice if this is not practical or possible) if circumstances arise (for example if repairs need to be carried out). The Owner / Quay reserves the right to repossess the holiday home at any time, where the Hirer or any member of the Hirer’s party has caused damage. In this event, the Owner / Quay shall not be liable to make a refund of any remaining portion of the hire charge paid.
15. DAMAGE DEPOSIT / WAIVER
15.1 It is a requirement when booking that Hirers pay the Damage Deposit Waiver or alternatively lodge a Refundable Damage Deposit. The Damage Deposit Waiver is a non-refundable payment by the Hirer to Quay in lieu of lodging the Refundable Damage Deposit. The Damage Deposit Waiver covers the cost of accidental damages or excess cleaning as detailed in points 15.2.1 and 15.2.2 below, up to the value of £200. Where any such damage caused exceeds this amount, the Hirer agrees to pay to Quay, acting on behalf of the Owner, upon written demand, any reasonable costs incurred in making good any such loss or damage. The Damage Deposit Waiver is charged at £6 inc VAT per person per booking (including children, but not infants under 2 years of age). The Damage Deposit Waiver is not available on breaks longer than one month.
15.2 Where a Damage Deposit Waiver is not paid, a Refundable Damage Deposit is payable with the balance charge for the holiday. It will be banked on receipt and held by Quay in a separate client account, to be applied against the reasonable costs of;
15.2.1 accidental damages, breakages or losses occurring to the accommodation or its contents (aside from fair wear and tear);
15.2.2 any excess cleaning deemed necessary by Quay and / or the Owner as a result of the accommodation being left in an untidy or dirty state;
15.2.3 any additional pay-television services used;
15.2.4 replacement keys, access fobs, cards, parking permits or remotes,
15.2.5 bedding and towels damaged or soiled (otherwise than by usual wear and tear) during the period of Hire by the Hirer or other members of the Hirer’s party or;
15.2.6 other costs and fees which have not been settled prior to departure.
The balance of the Damage Deposit will be returned to the Hirer within 28 days (usually within 14 days) of the departure date.
Where such costs exceed the Damage Deposit the Hirer will be required to pay such excess to the Owner via Quay within 14 days of being notified. Quay / the Owner reserves the right to take all necessary action, including legal action, to recover the balance.
The Hirer accepts that costs are applied at the absolute discretion of Quay, but that Quay will provide a written statement to the Hirer giving the reasons for the deduction and producing an invoice or quote for the costs. The handling of any legitimate claim by Quay will be subject to an administration fee of 10% of the cost charged, subject to a minimum charge of £30 inc VAT.
The Refundable Damage Deposit is charged at the rate of £200. For any holidays of more than one month’s duration the Damage Deposit is £500.
16. DISCLAIMER
Whilst Quay makes every effort to ensure the accuracy of property descriptions, these are inevitably subjective and are for guidance only. If there are any items of particular importance then please contact Quay in advance of booking to request written confirmation. In addition, whilst we describe properties as non-smoking or no pets, it cannot be guaranteed that prior hirers have not done so. The description of a property shows what amenities that property has but generally does not state what is not in the property. Quay cannot accept liability for happenings outside of its reasonable control, such as breakdown of domestic appliances, plumbing, electrical items, invasion of pests, damage resulting from exceptional weather conditions or the Owner’s negligence resulting in loss, injury or accident. Quay and / or the Owner reserve the right to alter, substitute or withdraw any service, facilities or amenities without notice. Quay reserves the right to adjust prices quoted at its complete discretion.
17. AVAILABILITY
The Hiring Contract is made on the understanding that the property and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available as a result of events arising beyond the control of the Owner / Quay, then the Owner / Quay may be forced to cancel the booking.
The Hirer will be advised as promptly. Where there is availability, the Hirer will be offered suitable alternative accommodation which, if not acceptable, will entitle the Hirer to a refund of all monies due, in which event the Hirer will have no further claim against Quay or the Owner. If the booking is for a duration of five nights or less, Quay / Owner reserves the right to move the Hirer’s booking to an equivalent or more expensive property, without further cost to the Hirer.
Please note that reservation requests made via Quay’s website, third-party websites or by any other means are not confirmed bookings until Quay have contacted the Hirer and accepted a payment.
18. LEFT ITEMS
Quay / Owner accepts no responsibility for items left behind at the end of the Hirer’s holiday, and perishable and toiletry items will be disposed of. All other items will be retained for a period of one month. If they have not been reclaimed they will be disposed of or donated to charity. Quay reserves the right to levy a charge for any items which are hazardous or difficult to dispose of or which incur a disposal charge. If the Hirer wishes for left items to be returned he/she agrees to pay for the items to be delivered by recorded parcel delivery at cost plus an administration charge of £12 inc VAT. Please note; any item to be returned will be suitably packaged but Quay accepts no responsibility for loss or damage in
transit.
19. LIABILITY
Use and occupation of the property is entirely at the Hirer’s risk and common sense should be used in respect of hazards such as kitchen equipment, glass tables and balconies.
Quay / Owner cannot accept responsibility for material loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property, its plumbing, gas or electrical services, exceptional weather, or unforeseen circumstances beyond the parties’ control. All implied conditions and warranties are excluded to the maximum permissible level by law.
No responsibility is accepted for loss or damage of property (including pets), vehicles or vehicle contents belonging to the Hirer or any member of the party during the hire period.
Without prejudice to the above clauses, Quay / Owner’s liability in respect of any damage or loss (consequential or otherwise) howsoever sustained is limited to the total value of the booking giving rise to the claim.
20. COMPLAINT PROCEDURE
If the Hirer is dissatisfied with the property or service received, they should contact Quay as soon as possible. All complaints must be notified to Quay immediately so that they can investigate the circumstances, and take necessary action to resolve the issue. In no circumstances can compensation be given for any issues arising from complaints made after the hire has ended, or where the Hirer has denied Quay or the Owner the opportunity to put matters right during the Hirer’s stay.
The Hirer should telephone Quay on 01202 683333 in the first instance to report any such issues, and follow up any unresolved complaints in writing, offering Quay the opportunity to respond.
21. LEGAL
In the event of any dispute between the parties this contract shall be governed by the jurisdiction of the English Courts and any actions shall be heard in the court of the area in which the property is located unless otherwise agreed between the parties.
Reasonable endeavours will be used to resolve the dispute arising between the Hirer and the Owner and / or Quay amicably, using a formally recognised alternative dispute resolution service where Quay deems appropriate, and without immediate recourse to litigation.
Nothing contained in these Booking Conditions shall affect the Hirer’s statutory rights.
The failure of Quay / owner to enforce or exercise at any time, or for any period of time, any term of or any right pursuant to these Booking Conditions does not constitute and shall not be construed as a waiver of such term or right.
22. GUEST COMMENTS
The Hirer agrees that any comments provided to Quay, via third party portals or guest comment books, may be used by Quay for marketing purposes. If the Hirer wishes to remain anonymous Quay should be advised in writing.
23. PRIVACY POLICY
This statement explains the privacy and the data protection practices which apply to services as provided by Quay.
Quay’s aim is to safeguard users’ privacy whilst providing a personalised and valuable service. Collecting personal information is necessary if Quay is to satisfy the expectations and requirements
of its clients, e.g. by communicating with them and providing an interactive service. Quay appreciate that clients do not want their personal information distributed indiscriminately and the following explains what information Quay collects, what it does with it and what controls the client has.
Data Controller is Quay.
Personal information Quay collects and how it is used
Any personal information such as name, postal address, telephone number, and email address supplied to Quay will only be used to provide a requested service and will not be disclosed to any other third party without the client’s prior permission, or unless required to do so by law. Quay may contact an enquirer to offer requested services or to provide property information requested. Quay does not keep data for any longer than is necessary.
Securing personal information
Quay is committed to protecting individuals’ privacy and follows strict security procedures to ensure that personal information is not damaged, destroyed, or disclosed to a third party without permission, and to prevent unauthorised access. The servers that store personal information are kept up-to-date and secured with appropriate firewalls/virus protection and have restricted access.
Users’ acceptance
By engaging with Quay, enquirers and clients consent to the collection and use of information by Quay in accordance with its privacy policy. If they do not agree to this policy, they may withdraw their consent to Quay using their data and to request that it is deleted. To do this, please contact Quay.
Rights to personal information
Users have the following rights –
- A right to be informed about Quay’s collection and use of personal information;
- A right to access their personal information;
- A right to correct their personal information;
- A right to ask Quay to delete personal information unless Quay is obliged to retain it for other legal reasons;
- A right to restrict or object to the processing or use of their personal information;
- A right to report to a supervisory authority about the use of their personal information.
Accessing personal data & complaints
If users would like to review or revise information they have previously provided to Quay online, or they have any questions relating to this Privacy Policy, they may do so via Quay’s contact us page. We will address concerns and attempt to solve any problem to their satisfaction.
Users also have the right to lodge a complaint with the Information Commissioner’s Office.
For further information about users’ rights, please contact the Information Commissioner’s Office, or the local Citizens Advice Bureau.
These Booking Conditions supersede all previous issues.
FEE SCHEDULE
Booking Fee – £30 per booking (£25 plus VAT)
Extras:
Cot – £18 per week or part thereof (£15 plus VAT)
Highchair – £6 per week or part thereof (£5 plus VAT)
Z-bed – £30 per week or part thereof (£25 plus VAT)
Receiving Grocery Delivery (to put items away before arrival) – £24
per delivery (£20 plus VAT)
Pets charge – £20 per week or part thereof
Amendments:
Amendment to Bookings administration fee – £30 (£25 plus VAT)
Cancellation administration fee – £60 (£50 plus VAT)
Refundable Damage Deposit:
£200 per booking
£500 for bookings over one month in duration
Damage Deposit Waiver – £6 per person (£5 plus VAT) per booking (including children but excluding infants under 2 years of age)
Damages Handling Fee – 10% of the costs charged, subject to a minimum fee of £30 (£25 plus VAT)
Cleaning and sundry charges:
Extra cleaning charges following departure – £24 per hour (£20 plus VAT per hour)
Cleaners’ waiting time for late departures – £24 per hour (£20 plus VAT per hour)
Unauthorised late departures after 12noon – 50% of the daily accommodation rate (in addition to waiting time above)
Lost key replacement handling charge – £30 (£25 plus VAT)
Lock-out attendance charge – £30 (£25 plus VAT) per call-out during working hours, £60 (£50 plus VAT) after working hours, and £120 (£100 plus VAT) between midnight and 8am.
Items left behind – admin / packing fee – £12 (£10 plus VAT) – plus cost of recorded parcel delivery postage.
Quay Holidays LLP
Quay Holidays LLP, Orchard Plaza, 41 High Street, Poole, Dorset
BH15 1EG (registered office)
01202 683333
stay@quayholidays.co.uk
Registered in England No: OC320949
VAT Registration: 895 673 851