Terms & Conditions
Agreement between Seaview Holidays Limited and the Hirer
Seaview Holidays Limited's registered address is Corner Oak, 1 Homer Road, Solihull, B91 3QG
TERMS AND CONDITIONS
The Hirer shall pay a non-refundable deposit payment of 30% of the value of your booking at the time of booking. The balance is payable 10 weeks before the Commencement Date. Payment must be made in cleared funds. Cheques should be made in favour of Seaview Holidays Limited and should allow five days for clearance.
If the booking is cancelled more than 3 months prior to the start date of the holiday, the non-refundable deposit will be forfeited, but there will be no further liability for the remainder of the rental. Please see our in-depth Terms & Conditions below for more details.
These terms and conditions apply to any booking made through Seaview Holidays Ltd and are liable to change without prior notice. Please read them carefully before making a booking:
1. Definitions and Interpretation
1.1 In these terms, the following definitions shall apply:
“Agent” refers to any external travel agency working with Seaview Holidays Limited.
“Booking”- refers to the agreement between Seaview Holidays Limited and the Hirer.
“Booking Form” refers to the form issued to the Hirer by the Agent setting out some of the terms of the Contract;
“Commencement Date” is the start date of the Hire Period;
“Contract” means a contract between the Hirer and the Owner for the hire of the Property for the Hire Period;
“Guests” refers to any persons in the Property or on Site who are not included on the booking form.
“Departure Date” is the last day of the Hire Period;
“Deposit” means approximately 30% of the booking Fee;
“Fee” means the hire fees payable as set out on the Booking Form;
“Hire Period” means the period during which the Hirer agrees to hire the Property as set out on the Booking Form.
“Hirer” means the individual who signs the Booking Form and acts as the Party Lead;
“Main Agreement” The entirety of the agreement excluding the Flexible Booking Policy under Schedule 1.
“Occupants” means the Hirer and the other persons named on the Booking Form;
“Owner” means the owner of the Property details of whom shall be set out in the confirmation of booking;
“Party Member” means the additional occupants referred to on the Hirer’s Booking Form.
“Property” means the property which the Hirer has agreed to hire as set out on the Booking Form;
“Site” refers to the legal demise in which Seaview Holidays Limited operates on, Salterns Road, Seaview, Isle of Wight, PO34 5AQ
1.2 Clause headings shall not affect the interpretation of the agreement. .
1.3 Any reference to writing or written does include email.
1.4 References to clauses are to the clauses of this agreement.
2. Booking and Fees
2.1 A Contract will exist between the Hirer and Seaview Holidays Limited when the Hirer receives written confirmation of the booking from Seaview Holidays Limited via post or email.
2.2 These terms and the information on the Booking Form shall apply to any booking made through the Agent. If there is any conflict between these terms and the Booking Form, the terms on the Booking Form shall prevail.
2.3 Seaview Holidays Limited is an agent for the Owner and any queries regarding any booking should be made to Seaview Holidays Limited directly.
2.4 The Hirer confirms they are over 18 years of age and takes full responsibility for making booking.
2.4.1 Seaview Holidays Limited reserves the right to request proof of age and identification in a form recognised by HM GOV prior to/on arrival.
2.5 The Hirer agrees to give Seaview Holidays Limited prior notice as soon as reasonably possible, if the Hirer, any of the Party Members or intended Guests have or have had symptoms of an infectious disease, 7 days prior to the Commencement Date.
2.5.1 Seaview Holidays reserves the right to terminate the Booking on reasonable consideration of this notice under clause 2.5.
2.6 Seaview Holidays Limited reserves the right to refuse any Booking at its own discretion in accordance with clause 13.2.
2.7 Seaview Holidays Limited does not permit multiple promotions to be used in conjunction with one and another when making a Booking.
2.8 At the time of Booking, the Hirer agrees to pay Seaview Holidays Limited the booking Fee value as set out on the Booking Form prior to the Commencement Date.
2.8.1 The Hirer agrees to pay the Deposit at the time of Booking if the Booking is made outside of 10 weeks prior to the Commencement Date. The balance is payable 10 weeks prior to the Commencement Date.
2.8.2 If the balance of the Fee is not paid to Seaview Holidays Limited within 10 weeks prior to the Commencement Date, Seaview Holidays Limited reserves the right to retain the Deposit and terminate the Booking.
2.8.3 Payment must be made in cleared funds. Cheques should be made in favour of Seaview Holidays Limited and should allow five days for clearance prior to the Commencement Date.
2.8.4 If the Booking is made within 10 weeks prior to the Commencement Date, the Hirer agrees to pay the entire booking Fee value at the time of Booking.
2.9 Clause 2.8 does not apply where the Booking is made under the Flexible Payment Policy under Sch 1 of this agreement.
2.10 Any payable refunds take 3-10 working days to be processed and are refunded onto the card of the original transaction.
3.1 During the Hire Period, the Hirer, Party Member and Guests must:
3.1.1 Adhere to the terms set out in this agreement;
3.1.2 Act lawfully and responsibly at all times in accordance with the laws in the United Kingdom;
3.1.3 Act in accordance with the sociable hours requirements under the Environmental Protection Act 1990.
3.2 If the Hirer breaches clause 3.1, Seaview Holidays Limited reserves the right to terminate the Booking in accordance with clause 13.2.
3.3 Use of recreational drugs by the Hirer, Party Members or Guests in the Property or on Site is prohibited at all times.
3.4 The Hire Period will start at 16:00 hours on the Commencement Date and the Occupants must have vacated the Property with all their effects by 10:00 hours on the Departure Date.
3.4.1 Occupants who are late vacating the property on the Departure Date, may be subject to a surcharge in accordance with clause 7.2.
3.5 Party Members under the age of 18 must be accompanied by a responsible adult over the age of 18 at all times.
3.5.1 Children under the age of 16 should be supervised at all times by a responsible adult over the age of 18 in the Property or on Site during the Hire Period.
3.6 The Hirer shall not exceed the occupancy levels as advertised by Seaview Holidays Limited, including Party Members and Guests.
3.6.1 No Guest is permitted to stay in the Property or on Site past sociable hours referred to under the Environmental Protection Act 1990.
3.6.2 If occupancy levels are exceeded, Seaview Holidays Limited reserves the right to terminate the booking in accordance with clause 13.2.
3.7 No Property shall be occupied by any person who has tested positive for, or is showing symptoms of COVID 19 in the past 10 days prior to the Commencement Date.
3.8 The Booking is for a class of property on Site and does not guarantee a specific property.
3.8.1 If the Hirer has indicated a preference on the Booking Form, Seaview Holidays Limited will undertake reasonable effort to honour the preference.
3.8.2 Seaview Holidays Limited reserves the right to allocate properties to the Hirer on the Commencement Date.
3.9 Smoking in the Property is prohibited. In the event Seaview Holidays Limited discover smoking has taken place inside the Property during the Hire Period, Seaview Holidays Limited reserve the right to fine the Hirer in accordance with clause 7.1.
4. Changes to Availability and Facilities
4.1 All properties and facilities on Site are subject may have to be temporarily withdrawn or amended, due to maintenance, renovation, adverse weather conditions, changes in governmental legislation, or any other factor outside our control.
4.1.1 Seaview Holidays Limited reserves the right to make such alterations referred to in clause 4.1 without giving prior notice to the Hirer.
4.1.2 Seaview Holidays Limited are unable to accept liability for the loss of an advertised facility, or to pay compensation for any inconvenience caused in the circumstances described in clause 4.1.
4.1.2 Seaview Holidays Limited will make reasonable efforts to advise The Hirer of any changes referred to in Clause 4.1.
4.2 Hot tubs are not available in the Property or on Site and are not included in the cost of your holiday.
4.3 Wi-Fi is available in the Property subject to additional charge separate from the Fee referred to on the Booking Form.
4.3.1 Free Wi-Fi can be obtained from Café Blue on Site.
4.4 Highchairs and travel cots are available for hire during the Hire Period at £14.00 per unit and can be requested prior to arrival or on Commencement Date.
5 Pets and Dogs
5.1 No animals or pets are permitted on Site or in the Property, with the exception of dogs referred to in clause 5.2.
5.2 There is a maximum allocation of 2 dogs per Property, subject to clause 5.6, at an extra charge as specified on the Booking Form.
5.2.1 Seaview Holidays Limited does not permit more than 2 dogs per Property under any circumstances.
5.2.2 Seaview Holidays Limited requires notice from the Hirer of any dogs 24 hours prior to the Commencement Date.
5.3 All dogs must wear a collar and identity tag and be kept on a lead under the control of a responsible adult at all times, and must not be left in the Property unattended.
5.4 Dog owners are responsible for clearing up after their dogs and disposing of dog waste in the allocated dog waste bins on Site.
5.5 Seaview Holidays Limited reserves the right to require the owner of any dog to remove it from the property if the dog is considered to be disrupting the peace at Seaview Holidays Limited’s discretion.
5.6 Seaview Holidays Limited reserves the right to reject certain breeds of dogs in order to maintain the safety and well being of all our guests.
5.6.1 The restricted breeds of dog include, but are not restricted to, Pitbull Terrier, Dogo Argentino, Fila Brasiliero and Japenese Tosa and other dogs as described on the Dangerous Dogs Act 1991.
5.6.2 Dogs that are also legally required to be muzzled are also prohibited on Site.
6. Ferry Bookings
6.1 Seaview Holidays Limited can provide The Hirer and Party Members cross-Solent ferry travel via Wightlink and Redfunnel at their discretion.
6.1.1 For the avoidance of doubt, ferry-crossings referred to in clause 6.1 are not included in the rental price.
6.1.2 When booked through Seaview Holidays Limited, ferry bookings are non-refunable and are subject to a booking fee of £30.00, separate from the original ferry price as set by the external travel companies.
6.1.3 Ferry prices quoted are inclusive of the £30.00 administration fee.
6.1.4 In the event of cancellation, the £30.00 administration fee will be retained.
6.2 Any amendments to ferry booking arranged by Seaview Holidays Limited must be made by Seaview Holidays Limited and the Hirer will incur a £15.00 administration fee.
6.3 Bookings made involving the booking of, or travel on the services of Wightlink Limited or Red Funnel are subject to the terms and conditions of the carriers.
7.1. In the event we discover smoking has taken place inside the Property during the Hire Period in breach of clause 3.9, Seaview Holidays Limited reserves the right to charge a £200 fee from the Hirer’s nominated credit/debit card.
7.2 In the event that the Occupants vacate the property outside of the Hire Period, in breach of clause 3.4, Seaview Holidays Limited reserves the right to charge the sum of £50 for the first hour of breach (between 10:00-11:00 on the Departure Date) and £100 for every hour thereafter on the Hirer’s nominated credit/debit card.
7.3 The Hirer will forfeit any booked accommodation and deposits paid, should the Hirer fail to pay Seaview Holidays Limited or the Agent the full balance within the period agreed on the Booking Form. .
8.1 Seaview Holidays Limited will issue the Hirer one set of keys to the Property on the Commencement Date and the Hirer must return them to the Agent on the Departure Date.
8.1.1 If a key is lost, stolen or misplaced by the Hirer, Seaview Holidays Limited will replace it as soon as practically possible subject to a £30 charge to the Hirer’s nominated credit/debit card.
9. Hirer’s Obligations
9.1 During the Holiday Period the Hirer, Party Members and Guests must:
9.1.1 Allow Seaview Holidays Limited to enter and inspect the Property subject to 24 hours notice under reasonable circumstances. In the event of an emergency, Seaview Holidays Limited reserves the right to enter and inspect the Property without notice;
9.1.2 Keep the Property and it’s furnishings and contents clean and in good condition;
18.104.22.168 Notify Seaview Holiday’s Limited of any damage or breakages as soon as practically possible.
22.214.171.124 The Hirer will be responsible for the cost of any damage or breakages occasioned during the Hire Period.
126.96.36.199 The Hirer is not permitted to perform any maintenance work on the Property and any attempts to carry out any maintenance or remedial work will be considered as damage to the Property.
9.1.3 Not cause damage to the walls, doors or windows of the Property.
9.1.4 Not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium.
9.1.4 Seaview Holidays Limited reserves the right to terminate the Booking Contract in the event of any act in breach of clause 9.1.4 and retain any monies paid by the Hirer with immediate effect. The Hirer may also be subject to additional charges.
9.1.5 Comply with any regulations reasonably made from time to time during the Hire Period on reasonable notice.
9.1.6 Not do anything which interferes with the peace, comfort or convenience of other people staying in the area;
9.1.7 Not harass, threaten to harass, or use/threaten violence towards anyone on Site including but not limited to Seaview Holiday Limited’s staff, agents or contractors;
188.8.131.52 Seaview Holidays Limited reserves the right to take legal action to evict you if you behave antisocially in breach of clause 9.1.7
10. Code of Conduct - Outdoor Areas
10.1 Frisbee throwing, ball games, cycling, scooter riding, skateboarding and roller-blading are not permitted in the central communal areas in front of the accommodations or on the decking at the rear of the accommodations.
10.2 The Hirer or Party Members are not permitted to hang items such as towels/clothing on the decking's balustrades/balconies.
11.1 Additional electrical apparatus must not be connected to the electrical system in the Property and the existing apparatus may only be used at the density of one item to each outlet plug.
11.1.1 The Hirer shall not extend the electric wiring or cause overloading to the electrical system.
11.2 Seaview Holidays Limited confirms that the furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended.
11.3 Seaview Holidays Limited confirms that the electrical appliances and equipment provided are safe/ will not cause danger to the Occupants and that all electrical appliances and equipment manufactured after 19 January 1997 are marked with the appropriate CE symbol and are PAT tested.
11.4 The use of EV chargers are not permitted on Site.
11.5 The releasing of fireworks, firecrackers and other such explosives on site is strictly prohibited and Seaview Holidays Limited reserves the right to terminate the booking as per clause 13.2.
11.6 The use of BBQs is prohibited on Site.
12. Changes to Bookings
12.1 Subject to clause 13, any agreed changes to Bookings will be charged at £40.00 to cover administration costs.
13. Early Termination
13.1 Should the Property become uninhabitable during the Hire Period through no fault of the Occupants, Seaview Holidays Limited will reserves the right to offer reasonable alternative accommodation or return to the Hirer the appropriate proportion of the Fee attributable to the unexpired remainder of the Hire Period if alternative accommodation cannot be found.
13.2 Seaview Holidays Limited may terminate the Contract in the event that the Hirer. Party Members or Guests are in material breach of the terms of this Contract during the Hire Period.
13.2.1 In the event of such termination under clause 13.2, the Hirer shall not be entitled to any refund and Seaview Holidays Limited shall not be liable for any loss or damage suffered by the Occupants as a result of such early termination.
13.2.2 In any other event other than material breach, the Seaview Holidays Limited reserves the right to cancel a reservation at any time, in which case the Hirer will be entitled to a full refund of any monies already paid.
14. Cancellations and Insurance
14.1 If, after the Hirer has made the Booking, and paid the Fee, they wish to cancel the Booking, for the following reasons:
14.1.1 Death, injury, illness or compulsory quarantine of you or any member of the party named on the booking, or of any close relative (close relative being spouse/partner, parent, brother, sister or children only);
14.1.2 The Hirer or a Party Member being summoned for jury service or being required to appear as a witness at a court of law, providing you have had your written request for an alternative date refused;
14.1.3 The Hirer or a Party Member receiving notice of redundancy within 2 months of the start date of the holiday providing you qualify for statutory payment under current legislation;
14.1.4 accidental damage to your home, within 14 days of arrival date, which renders the home uninhabitable, or police requiring your presence following fire or theft at your home or place of business.
But not including:
14.1.5 partial cancellation or curtailment of the Holiday Period
14.1.6 illness or injury insufficiently serious to prevent travelling, travelling against medical advice or failing to follow proper medical advice;
any recurring, continuing or pre-existing medical condition or injury, including pregnancy 14.1.7 when the expected date of birth is within 2 months of arrival;
death, injury or illness arising from winter sports, mountaineering, tours or motor competitions;
14.1.8 epidemic or pandemic as declared by the World Health Organisation, Department of Health or DEFRA;
14.1.9 suicide, attempted suicide, insanity, drug addiction or alcoholism;
14.1.10 divorce, separation or personal relationship breakdown;
14.1.11 failure or strike of public or private transport services;
14.1.12 Holiday lets that are longer than 4 weeks;
14.1.13 adverse weather conditions;
Seaview Holidays Limited at its absolute discretion, may refund the booking Fee already paid, less a £50* administration charge.
14.2 Credit card surcharges or Administration or Booking Fees previously incurred together with any ferry booking fees or cancellation charges imposed by Wightlink or Red Funnel are not covered and will not be refunded.
14.3 The decision of Seaview Holidays Ltd will be final in all cases in relation to cancellation under clause 14.
14.3.1 In all other cases, if the booking is cancelled more than 3 months prior to the start date of the holiday, the non-refundable deposit will be forfeited but there will be no further liability for the remainder of the rental.
14.4 If the cancellation falls within 3 months of the Commencement Date, then the Hirer is liable to pay the full value of the booking Fee.
14.5 No refund will be made for absence or early departure.
14.6 The Hirer is strongly recommended to take out holiday and cancelled booking insurance to safeguard your holiday.
14.7 If the Fee is not paid within 10 weeks prior to the Commencement Date, Seaview Holidays Limited reserves the right to retain the Deposit and terminate the Booking.
15.1 All cars must only be parked in the car park on Site or parking allocated by Seaview Holidays Limited.
15.2 Seaview Holidays Limited shall not be liable for any loss or damage suffered or caused to any vehicle, unless caused by negligence of Seaview Holidays Limited.
15.3 Motorised scooters and motor cycles are only permitted at the discretion of Seaview Holidays Limited. Engines of motorised scooters and motorcycles must be turned off on Site.
15.3 Cars are permitted into the ‘Traffic Free’ areas on The Site only on the Commencement Date and the Departure Date, or anytime permitted by Seaview Holidays Limited.
15.4 Cars must be kept in our communal car park at all times.
15.4.1 Exceptions to clause 15 are made for Occupants who are blue badge holders who may park onsite, provided the strict 5mph speed limit is adhered to at all times.
15.4.2 Occupants with blue badges must display their blue badge at all times when parking on The Site.
15.4.3 Any vehicle exceeding the standard dimensions (Length up to: 5.5m, Height up to 2.0m) may only travel in ‘Traffic Free ‘areas at the discretion of Seaview Holidays.
15.4.4 Vehicles over 3 tons are not permitted in the ‘Traffic Free’ areas on Site at any time.
15.4.5 All vehicles must adhere to the strict speed limit of 5 mph and vehicle prohibited areas on Site. Seaview Holidays Limited reserves the right to withdraw authorisation for Hirers vehicles to remain on site if these terms are not adhered to at all times.
15.6 Any vehicle movement between the hours of 11pm-6am is strictly prohibited (with the exception of blue badge holders and emergency vehicles) in the ‘Traffic Free’ areas on Site.
17. Limitation of Liability
17.1 Seaview Holidays Limited shall not be responsible for any losses that the Hirer, Party Member or Guest suffers as a result of a breach of contract except for those losses which could be reasonably foreseen and would result from such failure to comply. In particular, Seaview Holidays Limited shall not be liable for any loss of income or revenue, loss of business, loss of anticipated savings or loss of data.
17.2 Clause 17.1 shall not prevent or limit liability for
17.2.1 death or personal injury caused by Seaview Holiday Limited’s negligence;
17.2.2 foreseeable loss of or damage to the Hirer s physical property;
17.2.3 fraud or fraudulent misrepresentation;
17.2.4 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
17.2.5 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
17.2.6 any other matter for which it would be unlawful to exclude or limit liability now or in the future.
18.1 Any notice to be served on the Owner or the Agent under the Contract may be given during the Holiday Period by delivery through the letter box or putting under the front door of Seaview Holidays Limited’s main office on Salterns Road, Seaview, Isle of Wight, PO34 5AQ and shall be deemed to be received upon the expiration of twenty four hours after service.
19.1 The Hirer must notify Seaview Holidays Limited as soon as reasonably possible within the Hire Period in regard to any complaints against the Property, its contents or the service received so that an investigation can be carried out and any necessary action taken.
19.2 In no circumstances will Seaview Holidays be liable for any claim for compensation, restitution or remedy from the Hirer or any third party if:
19.2.1 the Hirer did not advise Seaview Holidays in full of the matter that relates to the claim as soon as it arose; or
19.2.2 the Hirer denied Seaview Holidays the opportunity to remedy any situation; or
19.2.3 when a matter or complaint or claim is raised after the Hire Period has ended.
19.3 In the event the Hirer seeks a claim for compensation, restitution or remedy from Seaview Holidays Limited they must;
19.3.1 Contact the booking provider, in the instance the Hirer has not booked directly with Seaview Holidays Limited.
19.3.2 make any complaint in writing.
19.4 The Hirer will receive a written outcome within 14 days of the written complaint, unless the Hirer has booked via a third party Agent. In the event the Hirer has made a reservation with a third party Agent, the will receive a written outcome within 14 days after the third party Agent has made contact regarding the case with Seaview Holidays Limited.
20.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
Schedule 1- Flexible Booking Policy
1.1 Bookings made under Schedule 1 do not require a Deposit and the Hirer is subject to full payment of the booking Fee as set out on the Booking Form made to Seaview Holidays Limited no later than 5 days prior to Commencement Date.
1.2 Bookings made under the Flexible Booking Policy under Sch 1 are not subject to clause 2.8 in the Main Agreement.
1.2.1 All other terms of the agreement, including cancellation terms under clause 14, apply to Bookings made under Sch 1.
1.2.2 If the balance of the Fee under Sch 1 is not paid to Seaview Holidays Limited within 5 days prior to the Commencement Date, Seaview Holidays Limited reserves the right to terminate the Booking.
1.3 Cancellation requests made within the 5 days prior to the Commencement Date are subject to clause 14 and are non-refundable.