(a) When the following words with capital letters are used in these Terms, this is what they will mean:
(i) Event Outside Our Control: is defined in clause 8.2;
(ii) Order: your booking for the Services;
(iii) Services: the holiday services that We are providing to you as set out in the Order;
(iv) Terms: the terms and conditions set out in this document; and
(v) We/Our/Us: Vale Holiday Parks Limited, a company registered in England and Wales with company registration number 04670394 whose registered office address is Clarach Bay Holiday Village, Clarach Bay, Aberystwyth, Ceredigion, SY23 3DT.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1. These are the terms and conditions on which We supply Services to you.
2.2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3. When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order.
2.4. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 If you place an Order over the phone then these Terms will apply to such Order.
2.8 You agree to be bound by the Park rules set out here.
2.9 The maximum number of people who can stay in any accommodation will be provided as part of the Order process. You warrant that such number will not be exceeded.
2.10 You warrant that you are not placing the Order for an all male or all female party of 3 or more persons.
2.11 You warrant that you will arrive by 5pm on the start date for the Services (unless you notify us otherwise in advance). If you break this warranty We will have the right to cancel this contract in accordance with clause 9.
2.12 You acknowledge that We do not guarantee you any given pitch.
2.13 Any illustrations, photographs and other imagery displayed are for illustrative purposes only and do not form part of the contract.
2.14 You acknowledge that activities set out in the website and/or other promotional material may be suspended at any time without notice and/or without liability to you.
3. Changes to order or terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how We accept payment from you;
3.1.2 changes in relevant laws and regulatory requirements; or
3.1.3 if We have a valid commercial reason to do so.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 You may make a change to the Order for Services up to 21 days before the start date for the Services by contacting Us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. If you do not wish to accept the amended price then the Order shall remain as originally placed.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. Providing services
4.1 We will supply the Services to you for the period set out in the Order.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 If you do not pay Us for the Services when you are supposed to, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice). We will contact you to tell you this. This does not affect Our right to charge you interest.
4.4 Dogs are only permitted in Bronze standard caravans. Dogs must be paid for at the rates detailed at the time you place your Order (save for Registered Assistance dogs).
5. LEGAL RIGHTS
As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Services will be set out at the time you place your Order and at the time We confirm your Order.
6.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect,
6.3 You must pay a minimum deposit of £100 at the time you place your Order and the balance of the price at least 28 days before the start date for the Services, unless the start date for the Services is less than 28 days from the date of the Order or the total price for the Services is £100 or less, in which case the full balance of the price must be paid at the time you place your Order.
6.4 If you do not make any payment due to Us by the due date for payment, We may cancel your Order. In these circumstances, your rights to a refund are set out in clause 9.
6.5 You warrant that you are over the age of 21.
6.6 You acknowledge that certain accommodation is not owned by us. Where this is the case and the owner of such accommodation is not registered for VAT, an additional handling fee equivalent to the then current rate of VAT will be incurred.
7. Our liability to you
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We are not responsible for any transport and/or alternative accommodation costs.
7.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We do not exclude or limit in any way Our liability for:
7.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
7.3.2 fraud or fraudulent misrepresentation;
7.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
7.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
7.3.5 defective products under the Consumer Protection Act 1987.
8. Events Outside Our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means 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 or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
8.3.1 We will contact you as soon as reasonably possible to notify you; and
8.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 1 week in accordance with Our cancellation rights in clause 9.
9 Your rights to cancel and applicable refund
9.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
9.1.1 You may cancel any Order for Services up to 28 days before the start date for the Services by contacting Us in writing with a copy of your invoice/booking confirmation. We will confirm your cancellation in writing to you.
9.1.2 If you cancel an Order under clause 9.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you save that We shall be entitled to retain £30 to cover our costs.
9.1.3 However, if you cancel an Order for Services under clause 9.1.1 and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
9.2.1 We break this contract in any material way;
9.2.2 We go into liquidation or a receiver or an administrator is appointed over Our assets;
9.2.3 We change these Terms under clause 3.1 to your material disadvantage;
9.2.4 We are affected by an Event Outside Our Control.
9.3 If you cancel between 28 and 8 days before your holiday start date, you will be charged the higher of £50 or 50% of the Price for the Services.
9.4 If you cancel 7 or fewer days before your holiday start date, you will be charged the full Price for the Services.
10 Our rights to cancel and applicable refund
10.1.1 If We have to cancel an Order for Services before the Services start:
10.1.2 We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
10.1.3 If We have to cancel an Order under clause 10.1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.2 Where We have already started work on your Order for Services by the time We have to cancel under clause 10.1.1, We will not charge you anything and you will not have to make any payment to Us.
10.3 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.3.1 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
10.3.2 you do not pay Us when you are supposed to. This does not affect Our right to charge you interest; or
10.3.3 you break the contract in any other material way.
11 Information about us and how to contact us
11.1 We are a company registered in England and Wales. Our company registration number is 04670394 and Our registered office is at Clarach Bay Holiday Village, Clarach Bay, Aberystwyth, Ceredigion, SY23 3DT. Our registered VAT number is 827190915.
11.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 0800 955 1122 or by emailing Us at [email protected]idayparks.com
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Vale Holiday Parks Limited at Reservation and Visitor Centre of Vicarage Road, Red Roses, Whitland, Carmarthenshire, SA34 0PE and/or [email protected] We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
12 How we may use your personal information
12.1 We will use the personal information you provide to Us to:
12.1.1 provide the Services;
12.1.2 process your payment for such Services; and
12.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3 We will not give your personal data to any third party.
13 Other important terms
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. No-one, other than such individuals as are listed in the Order, may enjoy the Services.
13.3 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 full force and effect.
13.4 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 default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
14. TERMS WHICH APPLY TO SELF-CATERING HOLIDAYS
14.1 The layout and specification of any caravan may vary from any description given as Our caravans are regularly updated.
14.2 No smoking is permitted in self-catering accommodation.
14.3 Accommodation will be available from 4 pm on the stated arrival date and must be vacated by 10 am on the day of departure.
14.4 Accommodation keys must be collected by 5 pm on the day of arrival unless agreed otherwise in advance.
14.5 Protective sheets must be used on beds used by young children.
14.6 You agree to pay for any breakages and/or other damage to the accommodation and/or fixtures and fittings.
15 Terms WHICH APPLY TO TOURING HOLIDAYS
15.1 You must provide accurate details of the size of your accommodation (including gazebo etc) at the time of your Order.
15.2 You must notify us in advance if you will arrive after 5 pm on the date of arrival.
15.3 All pitches must be vacated by 10 am on the date of departure to avoid further charges.
15.4 Any guest on the wrong pitch will be required to move immediately.