Our Agreement With You: Terms & Conditions
1. Booking and Cancellation
1.1 Upon the acceptance of a booking, Hyde Hotels Limited (t/a “The Seacliffe”) shall require the person making the booking (the Guest) to provide valid credit/debit card details to The Seacliffe in order to guarantee a booking and to provide a deposit of 100% of the first night’s booking.
1.2 The deposit is non-refundable except in the case of cancellation by The Seacliffe for the reasons contained in clause (1.8).
1.3 Acceptance of a booking, whether verbally or in writing, followed by the provision of valid credit/debit card details, or payment of a cash deposit creates a legally binding contract between The Seacliffe and the person from whom the booking has been accepted (the Guest).
1.4 The number of people occupying a room must not exceed the maximum number stated.
1.5 To amend a booking or make a cancellation the Guest must call The Seacliffe on +44 (0)1947 603139 and quote your reservation details; your name, check-in date and have details of your credit or debit card available.
1.6 In the event of a cancellation of any booking or non-arrival by the Guest, the Guest shall pay to The Seacliffe a cancellation fee equal to the full amount outstanding for the booking.
1.7 The Seacliffe shall endeavour to re-let the accommodation but failing this, the cancellation fee shall be equivalent to the total cost of the booking except where this was calculated on a discounted or package basis in which case the cancellation fee will be the normal rate multiplied by the number of nights of the booking.
1.8 The Seacliffe reserves the right to cancel a booking forthwith and without liability on its part in the event of damage or destruction to The Seacliffe by fire or other causes, any shortage of labour or food supplies, or any other cause beyond the control of The Seacliffe which shall prevent it from performing its obligations in connection with any booking. In such an event The Seacliffe will refund the full amount paid but will have no further liability to the Guest.
1.9 Where the Guest gives credit/debit card details to The Seacliffe in order to guarantee a booking or in order to make any payment then it is agreed between the parties that in the event of cancellation or non-arrival The Seacliffe may immediately debit, without further notification, the Guest’s credit/debit card with the full amount of the cancellation charge as set out in clause (1.7) less an allowance for any deposit or payment already received plus credit card handling charges when applicable.
1.10 Should the Guest’s credit/debit card be reported as lost, stolen or damaged the Guest will immediately provide The Seacliffe with details of another valid credit/debit card or, alternatively, arrange to pay the full amount outstanding for the booking in cash or by bank transfer.
We strongly recommend that all guests have suitable travel insurance to mitigate losses due to unforeseen cancellations.
2.1 All credit, un-chipped or, non-EU card payments shall incur a handling charge of 4% per transaction.
2.2 Payment of the bill for accommodation food and other services including credit card handling charges shall be made on presentation of invoice prior to departure from The Seacliffe.
3.1 Occupancy shall be from 2.00pm on the day of arrival to 10.00am on the day of departure, unless special arrangements have been agreed in advance.
4.1 All prices for accommodation, food and beverages are stated in pounds sterling and include VAT.
4.2 All price increases resulting from Government regulations or legislation or local taxes or charges will be re-charged to the Guest.
5. Loss of or damage to Guest’s Property
5.1 The Seacliffe does not accept responsibility for loss of or damage to any cash, money, jewellery or other articles of value unless they are deposited at the Reception Office for safe keeping.
5.2 In the event of negligence on the part of The Seacliffe which gives rise to loss of or damage to property belonging to a Guest The Seacliffe’s limit of liability will be limited to £50 for any single article and subject to a total of £100 in the case of any one Guest. No liability is accepted for any consequential loss arising from loss or damage to property of the Guest.
5.3 The Seacliffe does not accept responsibility for loss of or damage to motor cars or other vehicles of any kind, or any property lost in them; or pets.
5.4 The Seacliffe refers to and relies upon The Hotel Proprietors Act 1956.
6. Loss from or damage to Hotel Property
6.1 Guests shall indemnify The Seacliffe for any loss from or damage to The Seacliffe or the furnishings and equipment therein caused by the wilful act or default of the Guest or persons or animals within their control.
6.2 The Guest shall pay to The Seacliffe on demand the amount required to make good, remedy the damage, or replace any items missing, for example; towels or bed linen, from The Seacliffe.
6.3 If in the opinion of The Seacliffe the Guest or anyone staying with the Guest is not suitable to continue their occupation because of unreasonable behaviour, damage or nuisance to other parties, The Seacliffe is entitled to treat the contract as at an end and the Guest may be asked to vacate their room. The Guest will remain liable for the whole cost of the booking and no refund shall be due.
7.1 If the Guest has a complaint concerning any aspect of the services provided by The Seacliffe then it is the duty of the Guest to inform The Seacliffe immediately, or as soon as is reasonably practicable and in any event before the termination of the stay.
7.2 It is specifically agreed between the parties that failure by the Guest to notify The Seacliffe of any complaints in accordance with the timescale set out in clause (7.1) will entitle The Seacliffe to refuse to entertain the complaint, irrespective of the merits of the complaint.
7.3 Any reported matter, which has not been resolved during your break, should be advised in writing to The Directors, The Seacliffe, 12 North Promenade, Whitby, YO21 3JX within 28 days of the end of your visit. In such cases, we will only correspond with the person named on the booking.
8. No Smoking Policy
8.1 The Seacliffe operates a strict no smoking policy within all areas of the building. This policy specifically extends to all bedrooms and public areas. Guests may smoke in the Patio-Garden area outside the Lounge-Bar.
8.2 Guests are politely asked not to smoke inside the premises and The Seacliffe reserves the right to terminate this contract and ask guests that continue to disregard this policy to leave the premises in accordance with clause (6.3), above.
8.3 Without prejudice to the aforementioned the guest, when entering into this contract, specifically accepts liability for any damage caused to persons or property through smoking within The Seacliffe. This includes any costs incurred by the Emergency Services in responding to any alarm caused by the Guest’s smoking.
9. General Points
9.1 The Guest shall not arrange for the delivery of or deliver any goods or materials to The Seacliffe without prior arrangement with us.
9.2 The guest shall not store or place on the perimeter of or in The Seacliffe any inflammable, combustible, perishable or objectionable substances or liquid.
9.3 The Seacliffe does not allow food or drink other than that purchased on the premises to be consumed unless by prior arrangement.
9.4 As we continually improve our facilities there may be development, maintenance work or housekeeping tasks that are undertaken in and around your accommodation during your stay, although in such circumstances we try to minimise any inconvenience.
9.5 The taking or recording of photographs and videos of our premises is permitted for the personal use of the Guest on the understanding that the Intellectual Property Rights of the same shall be assigned, transferred and pass in full to Hyde Hotels Limited (t/a “The Seacliffe”). For the purpose of clarification, should the Guest publish any image(s) or video(s) in a third-party publication, website, newspaper or the like, then Hyde Hotels Limited shall be entitled to charge a fee for their use and control how they are used and displayed.
9.6 The writing of reviews, articles or comments for the personal use of the Guest is permitted on the understanding that the Intellectual Property Rights of the same shall be assigned, transferred and pass in full to Hyde Hotels Limited (t/a “The Seacliffe”). For the purpose of clarification, should the Guest publish any comment, review, book or pamphlet, in any format, in a third-party publication, website, newspaper or the like, then Hyde Hotels Limited shall be entitled to charge a fee for their use and control how they are used and displayed.
9.7 You may not advertise, use, review, give or, resell your accommodation at The Seacliffe (for profit or otherwise) or use it in connection with any competition, promotion, Website listing, discussion forum, business or charity or any other similar venture without our express advance written permission.
9.8 Where Hyde Hotels incur legal fees resolving issues with the Guest relating to sections 9.5 and 9.6 above, then, the Guest agrees to reimburse Hyde Hotels Limited in full any such expenses incurred.
10.1 The failure of The Seacliffe to enforce or exercise, at any time, or for any period of time, any term of, or any right pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
11. Legal Provision
11.1 The construction, validity and performance of this Agreement is governed by the law of England and the parties submit to the jurisdiction of the English Courts.
11.2 The Guest agrees that the Contract with The Seacliffe is made at The Seacliffe’s premises at 12 North Promenade, Whitby, YO21 3JX, and that any proceedings between the parties shall be conducted in the County Court nearest to The Seacliffe.
11.3 The guest agrees that a violation or attempted violation of any of this, Our Agreement With You, and these terms and conditions will cause such damage to The Seacliffe as will be irreparable, the exact amount of which would be difficult to ascertain. Accordingly, you agree that The Seacliffe shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by The Seacliffe in obtaining such an injunction.
12. Clause Headings
12.1 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.
Last edited by Martin Hyde, Company Secretary, Hyde Hotels Limited on November 20, 2012 at 1.33 am.