Terms and Conditions
These Terms are applicable to all Contracts made by Ashley Private Hotel and its customers ("the Customer") and apply to all reservations, bookings and agreements for accommodation, dining, function room hire and use of all facilities at the Ashley Private Hotel.
Customers are invited to read these provisions and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of the Ashley Private Hotel.
TERMS OF SUPPLY
1.1 In these Conditions:
"Arrival" means the date on which the Facilities are to be provided or shall start to be provided by the Ashley Private Hotel, Morecambe;
"Customer" means the person named on the Reservation Sheet (and includes those traveling with the customer) for whom we agreed to provide the Facilities in accordance with these Terms;
"We" means the Ashley Private Hotel, and "us" and "our" shall be construed accordingly.
"Contract" means the contract for the provision of the Facilities including these Terms and, as appropriate, a Reservation Sheet;
"Deposit" means the payment specified in clause 5 and Schedule;
"Facilities" means the provision of accommodation, or supply of food and beverages and other facilities by us for the Customer;
"Reservation Sheet" means the letter, fax, email or invoice describing the facilities, charges and relevant details for a reservation;
"Rates" are quoted including any tax in the UK and as "net" rates. Exceptions apply only when stated different. There is no commission payable on the rate booked - be it to the customer or a third party;
"Schedule" The Schedule of deposits and payments and cancellation terms;
"Standard Charges" means the charges shown in any of our brochures or on our website relating to the Facilities in force from time to time;
"Terms" means these terms and conditions.
1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. RESERVATION AND CONFIRMATION OF RESERVATIONS2.1 This Contract is conditional on the payment of a Deposit and the Customer supplying credit card or debit card details and the authority for charges to be deducted and our confirming the reservation to the Customer.
2.2 If the relevant condition is not met then subject to any outstanding obligation due to us from the Customer the Contract will cease to be of effect. The Facilities that are the subject of the provisional reservation will be released back into our inventory and may be resold without any further notification to the Client.
2.3 The Contract will be given a confirmation number by us when the condition under clause 2.1 is satisfied.
3. SUPPLY OF THE FACILITIES3.1 We shall provide the Facilities to the Customer subject to the Contract.
3.2 The Customer shall supply us with all necessary information relating to the Facilities required within sufficient time to enable the us to provide the Facilities in accordance with the Contract.
3.3 The Facilities shall be provided in accordance with our current internet or other published literature relating to the Facilities and in accordance with these Terms.
3.4 We may at any time without notifying the Customer make any changes to the Facilities which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Facilities.
4. PRICING4.1 All prices are in £s per room per night (unless otherwise stated).
4.2 All prices include Value Added Tax at the current prevailing rate.
4.3 Prices are subject to change without notice. However, the price is guaranteed once the Customer is given a confirmation number.
4.4 For the avoidance of doubt, the price does not include any incidental charges, which may incur during the stay (including, by way of example only, the costs of external telephone calls). Such charges will be payable by the Customer on departure and, in the event that the Customer fails to pay any such incidental charges, it is a condition of Contract that the Customer irrevocably authorise us to debit credit or debit card provided for the amount of any shortfall.
5. DEPOSIT PAYMENTS5.1 Deposits are non refundable.
5.2 Reservations for stays of less than seven days require a deposit equivalent to the first night's stay. Reservations for stays of seven days or more require a deposit of 30% of the cost of the stay.
6. SCHEDULE OF DEPOSITS AND PAYMENTS AND CANCELLATION TERMS6.1 A deposit will be taken at the time of booking.
6.2 After arrival full payment is taken for the accommodation and upon departure the final payment must be made for any incidental charges which may have incurred during the stay.
6.3 If a cancellation is received from the Customer more than 48 hours prior to 3pm on the arrival date, no further payment will be due. If no cancellation has been received by this time or for non arrival, the full payment will be due.
6.4 In the unlikely event that we have to change or cancel your reservation, we reserve the right to do so. However, you have the right to receive a full refund of any monies which you have paid to the Ashley Private Hotel in respect of your reservation (please note that we shall not be liable for any sums which you have paid to any other persons in connection with your reservation). For the avoidance of doubt, we shall have no further liability to you for any changes to or the cancellation of any stay with us.
7. PAYMENT7.1 Payment methods may include payment by credit or debit cards or where account facilities have been confirmed by direct transfer. Payments made by direct transfer must be made in sufficient time for notification to be given to us for the Facilities being provided.
7.2 We will not accept payments offered by a Customer who is using a third party credit card. We will only accept payment offered by Customer who is the named holder of the relevant credit card.
7.3 If the credit or debit card provided expires before the arrival date, we may take full payment at the time of booking.
7.4 We are authorized by the Customer to obtain payment from a credit or debit card the details of which including the number and expiry date have been proffered by the Client to us for the purpose of payment and charges.
8. PETS8.1 We do not allow pets at this property.
9. CAR PARKING9.1 Car parking is available free of charge, subject to availability.
10. LIABILITY OF THE ASHLEY PRIVATE HOTEL10.1 We will provide the Facilities using reasonable care and skill and as far as reasonably possible.
10.2 When we supply the Facilities which include any services supplied by a third party, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the services to us.
10.3 We shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Customer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Customer.
10.4 Except in respect of death or personal injury caused by our negligence, or as expressly provided in these Terms, we shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Ashley Private Hotel, its servants or agents or otherwise) which arise out of or in connection with the provision of the Facilities (including any delay in providing or failure to provide the Facilities) or their use by the Customer, and the entire liability of the Ashley Private Hotel under on in connection with the Contract shall not exceed the amount of our charges for the provision of the Facilities, except as expressly provided in these Terms.
10.5 We shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Facilities, if the delay or failure was due to any cause beyond our reasonable control.
10.6 We are not liable for any loss or damage to the property of the Customer or any person as may occur within the constraints of the Hotel Proprietors Act 1956.
11. EXTRA BEDS11.1 There is no capacity for extra beds.
12. CLIENT RESPONSIBILITIES12.1 Arrival and departure times for accommodation are 3:00 p.m. and 11:00 a.m respectively. Other times are by prior arrangement.
12.2 The Customer is responsible for the behavior of those traveling with the customer and for any guests they have with staying us or otherwise making use of the Facilities. The Customer must ensure that no noise or nuisance is caused either for us or other guests. The Customer must comply with any reasonable request by us and with our policies as may apply to the Facilities from time to time.
12.3 The Customer will be liable for the full cost of any damage caused to the property or Facilities by the customer or those traveling with the customer or any guests they have with staying us or otherwise making use of the Facilities
13. CCTV13.1 In the public areas CCTV is in operation and video recordings may be made. This activity is carried out for security for all Customers and staff.
14. GUESTS WITH IMPAIRED MOBILITY14.1 Guests with impaired mobility or other particular requirements or who may have difficulty with stairs should check our access statement in advance that their requirements can be met. If they are in any doubt or have any questions, they are invited to call us directly on 01524 412034 for details.
15. DINING OR MEETING CONTRACTS15.1 For dining or meeting events, final numbers must be received by us no less than 48 hours prior to the Reservation Date.
16. PHOTOGRAPHY16.1 The provisions set out in these conditions apply to the taking of and use of any and all types of images (whether still or moving), filming and/or video photography by any means and in any media including without limitation digital imaging ("photography"):
16.1.1 within The Ashley Private Hotel; and/or
16.1.2 which includes in any manner "the Ashley Private Hotel " name and logo trade marks (registered or unregistered) ("the trade marks").
16.2 You acknowledge that the written consent of the Ashley Private Hotel is required for the exploitation of photography at the Ashley Private Hotel.
16.3 You must show any photography to us before such consent will be given and the person undertaking photography must agree directly with us to accept the terms in these conditions prior to undertaking such photography.
16.4 You warrant for yourself and your guests that:
16.4.1 the photography is not and will not be indecent, obscene, blasphemous or libelous nor in breach of any applicable law or regulation;
16.4.2 the photography does not and will not infringe the copyright or other intellectual property rights of any third party;
16.4.3 the photography does not and will not infringe any rights of privacy, personality or any other right whatsoever of any third party;
16.4.4 the photography will not include the trade marks unless agreed by us in writing.
16.5 You agree to indemnify and hold us harmless against any and all damages, costs and expenses (including reasonable legal fees) incurred in connection with any claim, demand, action or proceedings arising from:
16.5.1 the use or exploitation of the photography by you/your guests or any third party; and/or
16.5.2 a breach of any warranty given by you or such guest under clause 16.4.
17. GENERAL17.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
17.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
17.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.4 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.