Booking Terms and Conditions
These T&Cs apply to bookings made from 9th January 2024. If you booked with us prior to this date and want to check your T&Cs, please email us for a copy (office@fileybaydirect.com).
The Contract
The Contract for a short-term holiday rental at a specified property (the Property) is between the Holidaymaker (“you”) and the owner of the property (the Owner). Filey Bay Direct (“us”, “we”) act as a travel intermediary to facilitate your booking. You, the person making the booking, must be 18 years old or older at the time of booking, and are responsible for ensuring all members of the holiday party accept and adhere to these terms and conditions. We reserve the right to refuse any booking on behalf of the Owner.
Payments
Your booking is confirmed on receipt of the required deposit payment. Until payment is made, the booking is still provisional.
We have voucher codes for specific bookers only (e.g. repeat guests, Emergency Services/Armed Forces, guests with dogs), and anyone found to be using these codes without proof of their eligibility within 24 hours of making a booking will have the voucher code removed from their booking. Voucher codes must be added at time of booking. This is to ensure our codes are used as intended.
Any remaining balance is due 60 days before the holiday starts.
Our preferred payment method is by credit/debit card, and any balance payments will be taken automatically from the same card on the due date unless you advise us otherwise.
All bookings require an additional “security” or “damage” deposit which is either a pre-authorisation on a bank card 5 days before your stay (where we hold your card details), or a bank transfer at least 2 weeks before your stay where we do not. We will release the pre-authorisation or arrange a refund of a refundable deposit 7 days after the holiday has ended if there have been no issues.
If your booking cannot be accepted by us for whatever reason, we will notify you within 24 hours, and any monies paid will be returned within 7 working days.
You may request a change or alteration to the booking which we will consider and accept/decline within 7 days. All changes will be at our discretion and are subject to an administrative fee of £30.
Our Responsibilities
We endeavour to maintain accurate photos of the Property and The Bay Resort, however these are intended only as a guide and if you have any specific requirements, you must raise these with us before submitting your booking request. Virtual tours and floor plans are to be used as a guide only, as Property contents and furnishings do change over time.
We (Filey Bay Direct Ltd) act as a travel intermediary between You and the Owner of the property. Your contract is with the Owner. The Owner is responsible for ensuring the accommodation is compliant with all laws and regulations around premises safety.
We give no guarantee or warranty as to the state or condition of the property. We will not be liable for any act, neglect or default on the part of the Owner or any other person, nor breakdown of any domestic appliances, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which you or any other person may suffer or incur.
Your Responsibilities / Guest numbers
The property shall be used solely for the purpose of a Holiday. The hiring contract is a licence to occupy between you and the Owner between the dates and times on your booking.
You are responsible for ensuring that all persons occupying the property comply with the terms and conditions and in all respects.
The property must not be used for a party/event of any sort, unless agreed with us in advance and in writing.
Whilst a few visiting guests are allowed during the day, additional overnight guests are not. The cottage occupancy limits are clear on the website. If you exceed this, it could invalidate our insurance.
If you have booked more than one cottage, if you move items from one cottage to another we will charge for moving items back or if items are missing as a result of this.
We reserve the right to refuse accommodation if these conditions are not observed. If refusal of entry, or termination of the booking occurs there will be no refund of any part of the payment made for the holiday and if any damages have occurred there will be no restriction on the Owner seeking due reimbursement of reasonable costs.
Arrival and departure times
The period of hire is shown on the booking confirmation including arrival and departure times. These times must be strictly adhered to unless agreed otherwise in writing. This is to allow access for our cleaning and maintenance teams. Late departure will result in an additional charge of £50 an hour being made. Information about keys and how to access the property will be given once payment is made in full.
Dogs
We allow dogs (usually a maximum of 2) – no other kinds of pets are allowed.
You can only bring dogs to properties which have dogs as an extra option when booking, as some of our properties are pet-free.
We do not allow puppies under 6 months of age unless discussed with us first.
Certain types of dog are not allowed due to the Bay resort rules. These include: XL Bully, Pitbull Terrier, Dogo Argentino, Fila Brasiliero and Japanese Tosa, and any other dogs listed in the Dangerous Dogs Act or which are legally required to be muzzled.
You must ensure that your dogs are free from parasites and fleas before entering the property.
If you bring a muddy dog back from a walk, you must clean/dry them off using your own dog towels. Any Property towels used for drying dogs will need to be replaced and we will charge you for this.
Please bring your own pet basket or bedding.
Dogs are not allowed in the bedrooms* or on the furniture.
Your dog(s) must not be left alone unless crated and settled. We can provide names of local dog walkers and pet sitters if required, and many local cafes and pubs are pet-friendly.
Any fouling of lawns etc must be cleared up immediately.
We reserve the right to retain part of your security deposit for any extra deep cleaning resulting from your dog(s).
If pets are found to be present at a Property (especially a pet-free Property) without our consent, we will ask you to leave with immediate effect, for breach of contract.
* If you wish to bring your dogs but require them to sleep in the bedroom, we can consider this request so please contact us to discuss further – you would be required to bring your own bedding, pillows and linens if we agree to this.
Liability
We shall not be liable to You or your party. You must take all necessary steps to safeguard yourselves and your property including vehicles.
Vehicles and possessions are left entirely at your risk.
Wi-Fi speeds are not guaranteed and are suitable for leisure purposes only.
Any accidents that occur outside the property on The Bay Resort should be reported to The Bay reception or security staff at the time they occur – they are responsible for the grounds and security and keep an accident log.
Whilst our holiday accommodation includes access to amenities on The Bay Holiday Resort, no compensation will be paid if any of these are not available during your stay, as these are under the management of Away Resorts who you should contact with any complaints or concerns.
We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone you invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control.
If either you or an Owner fails to comply with this Contract, you or the Owner will be liable for losses which are a foreseeable consequence of the failure to comply with the applicable terms. A foreseeable loss is one which would be contemplated by you and the Owner at the time you made the booking.
Nothing in this Contract will limit the Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Owner’s negligence or the negligence of our or their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
Whilst we advertise some properties as pet-free, if any Holidaymaker has an allergy to dogs, please be aware that neither the Owner nor us can guarantee that a dog has not stayed in the Property, as under the Equality Act 2010, refusing people with assistance dogs would be considered unlawful. Neither we nor the Owner can accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
Supervision
There must be at least one capable and responsible adult over the age of 18 in every Property.
You are responsible for the full active physical supervision of all members or your party under the age of 18 at all times.
Particular care is required when operating log burners, ovens & hobs, baths & showers, on stairs & steps and in the areas surrounding the properties.
Fire safety
Under new government legislation, all guests must adhere to fire safety laws. These will be communicated to you over email before your stay and will be in the property information packs but will include:
1. Guests should familiarise themselves with the fire exits and keep these clear at all times, and read the fire action notice and other instructions on arrival or in the welcome email sent before their stay.
2. No candles or other naked flames in or near the property.
3. No smoking or e-cigarettes inside the property, If smoking outside, all cigarettes should be disposed of safely
4. Under no circumstances are you to bring electrical appliances to the Property other than laptops and phone chargers, without explicit written permission. This list is not exhaustive, but includes air conditioning units, cooling fans, portable heaters, air fryers, slow-cookers, rice-cookers and deep-fat fryers. Guest appliances have not been PAT tested and could invalidate our insurance. We will levy a charge if we find they have been operating without consent.
5. Fireworks, Chinese Lanterns, firepits and portable BBQs are not permitted on patios, lawns or anywhere within the site. Some properties have brick-built BBQs where disposable BBQs are permitted. Some properties have portable BBQswhich will be provided with clear instructions for safe use where they are.
6. Log burners should be used according to the manufacturers’ instructions and matches, firelighters, kindling and logs kept away from the fireplace.
Charging of Electric Vehicles
It is against the Bay Site Rules to charge any EVs using a “Granny Charger” or similar using a domestic socket (either internal or external). You will be asked to leave if found in breach of this safety rule, and your security deposit will also be retained.
If you wish to use the dedicated EV chargers at our properties, please contact us on 07962150258 to arrange for access. Charges may apply.
Utilities
Neither we nor the Owner shall be liable to you (or any Holidaymakers) for any events outside the Owner’s or our reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.
You shall at all times use the utility services including broadband in a fair and reasonable manner and ensure that wastage or over-usage does not occur. If excess consumption of utilities including Gas, Electric, Logs (where provided), or Broadband does occur then we reserve the right to charge you for any excess consumption above what is expected.
No compensation will be paid if any utilities (including broadband) are not available for short spells during your stay, or if the Wi-Fi speed is inadequate for your personal needs.
Care of the Property
You are responsible for the Property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period or extra cleaning charges will be levied.
You must not use the Property for any dangerous, offensive, noxious, noisy, illegal or immoral activities, or carry on there any act that may be a nuisance or annoyance to the Owner or other neighbouring properties. Smoking and vaping are not allowed in any of the properties. Breakages and damages that occur must be reported immediately and not at the end of your stay.
All bookings require payment of a security/damage deposit of at least £100 in advance of your stay or we have the facility to charge your card up to the security deposit if any damage occurs or if extra cleaning above what is expected is required.
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. If damage occurs to the Property as a result of your actions during the stay, where the extent of that damage is so severe that we must (in our sole opinion) cancel and/or refund subsequent bookings, the Owner may bring a claim against You for any loss arising as a result, including the cost of refunding other guests affected by cancelled bookings and any additional administrative fees incurred in respect of the same.
Right of Entry
We shall be allowed the right of entry to the Property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
Penalties
Penalty charges will apply as follows:
a. If you overstay and do not vacate by the agreed departure time a £50 minimum penalty payment with any ongoing costs, losses or expenses arising directly or indirectly as the case may be from the failure to vacate.
b. If there is a need to deep clean required due to unauthorised smoking/vaping in a property a minimum charge of £100.
c. Electric Cars should not be charged at the property and a penalty charge of £100 will apply if a guest is found to have charged their vehicle from the domestic supply.
Lost Property
If personal belongings are left at the Property these may be forwarded on to you, but will be subject to a minimum administration fee of £10 plus postage or delivery charges. All unclaimed lost property will be donated to a charity shop or disposed of after 2 weeks.
Complaints
Every effort has been made to ensure that you have an enjoyable stay. If for any reason you are not satisfied with the Property, it is essential that you contact us immediately to give us chance to address your concerns. Unless this procedure is followed, no subsequent claim will be entertained.
Cancellation Policy
Cancellation by the Holidaymaker
The deposit payment is NOT refundable.
If you cancel more than 60 days before arrival, we retain the deposit and will return any other payments made.
If you cancel the booking 60 days or fewer before arrival, then we retain any payments made.
We therefore strongly recommend you have your own holiday insurance cover or consider the optional Booking Refund Protection offered by XCover as an add-on to your booking (Terms and Conditions apply).
If you do not have insurance, and we are able to re-let the property, we will issue a credit voucher for a future stay, the value of which will depend on the value of the replacement booking and the time/cost of readvertising and administering the cancellation.
Cancellation by the Owner or Filey Bay Direct
If for any reason beyond our control the Property is not available on the date booked (e.g. fire, storm damage, illness, sale or withdrawal of the property by Us or the Owner) we will use our best endeavours to offer alternative accommodation at The Bay Resort Filey, but if a suitable alternative cannot be found, then all monies paid shall be returned in full within 7 days. We shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and you shall have no claim against Filey Bay Direct Ltd as your contract is with the Owner.