Terms & Conditions
1.1 Definitions. In these Conditions, the following definitions apply:
“Booking” means your reservation of the Property.
“Booking Confirmation” means the acceptance and confirmation of the Booking Request issued by us to you.
“Booking Request” means a request to make a Booking in the form of a completed holiday booking request by post, email, through the website, by telephone booking or otherwise.
“Charges” the total charges payable by you in respect of the Booking as set out in the Booking Confirmation (including the Deposit).
“Conditions” these booking terms and conditions as amended from time to time in accordance with clause 10.3.
“Deposit” means a £50.00 non-refundable deposit.
“Holiday Start Date” means the date upon which your occupation of the Property in accordance with the Booking begins.
“Park” means the relevant holiday park at which your Booking is made.
“Park Rules” means the rules of the Park, accessible at the Park’s Reception office.
“Property” means the accommodation for which a Booking is made.
“Tourer” any caravan or other mobile accommodation brought to the Park by you.
“us/we/our” means Mowbreck Park Limited (company number 2770805) and any associated or subsidiary company thereof.
“you/your” means the person or persons making the Booking.
1.2 What these Conditions cover. These are the terms and conditions upon which we provide accommodation to you. You should read them carefully before you submit your Booking Request to us.
1.3 About us. We are Mowbreck Park Limited, a company registered in England and Wales. Our registered office is at Mowbreck Park, Mowbreck Lane, Wesham Preston PR4 3JR. Our registered VAT number is GB:604 6322760.
1.4 How to contact us. You can contact us by telephoning our customer service team on 01772 682494 or by e-mail firstname.lastname@example.org or by writing to us at Mowbreck Park, Mowbreck Lane, Wesham, Preston. PR4 3JR
2. BOOKINGS AND PAYMENT
2.1 The Booking Request constitutes an offer by you to make a Booking in accordance with these Conditions.
2.2 The Booking Request shall only be deemed to be accepted by us when:
(a) the Deposit has been paid to us by you; and at which point and on which date a contract on these Conditions and the applicable Park Rules shall come into existence. The balance of the Charges, if any, must be paid by you to us no later than 28 days prior to the first day of the Booking.
2.3 Subject to clause 2.4 and 2.5, payment of the Charges can be made by credit card, debit card or cheque.
2.4 If full payment is being made by cheque, cheques should be made out to “Mowbreck Park Ltd” and sent to Mowbreck Park, Mowbreck lane, Wesham, Preston. PR4 3JR. Payments made by cheque must be received 28 days prior to the Holiday Start Date and we cannot accept cheques for breaks starting within 28 days of the Holiday Start Date. Any charges raised against us by our bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by you within seven (7) days of our request to you to do so.
2.5 These Conditions and the applicable Park Rules constitute the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Conditions.
2.6 When you make your booking you will be asked for your permanent home address. We have the right to check this against the electoral register, this is to prevent fraud and make sure we can contact you if necessary prior to your holiday. Guests from outside the UK may be required to show evidence of their residential address (e.g bank statement no more than 3 month old) as well as photo ID such as a passport.
2.7 We may ask for identification of any holidaymaker and do not accept bookings from contractors, group booking for sporting events or local authority bookings. We do not knowingly allow anyone to use or visit our park who is a convicted sex offender.
2.8 Any information, photographs, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in the catalogues or brochures or on our website, are issued or published for the sole purpose of giving an approximate idea of the Property. They shall not form part of these Conditions or have any contractual force.
2.9 All bookings are subject to the discretion of the park manager.
3. YOUR OBLIGATIONS
3.1 You shall:
(a) arrive at park on the Holiday Start Date and vacate the Property on the day of departure unless prior arrangement has been agreed with us and/or the Booking Confirmation states otherwise;
(b) not site or occupy any holiday home until you have been formally checked in at the Park’s reception or otherwise by a member of the Park’s staff;
(c) notify us in advance if you will arrive at the Park outside of the Park’s opening hours.
(d) co-operate with us in all matters relating to the Booking;
(e) ensure that you, and any member of your party, complies at all times with the Park Rules, a copy of which are in the reception office of the Park.
(f) ensure that the number of people occupying the Property will not exceed the number specified for that unit and that all of the names of the people occupying the Property have been specified to us in advance;
(g) ensure that no all male/female parties are booked without our prior written permission;
(h) be the older of: (i) 21 years old, or (ii) above the minimum age requirements as set out in the relevant Park Rules;
(i) ensure that the Property will be used solely for the purpose of a leisure holiday by you and your party;
(j) provide us and our employees, agents, consultants and subcontractors, with access to the Property as reasonably required by us;
(k) be considerate of other parties at the Park and comply with the “no noise” restriction after 11.00pm
(l) keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same condition as they were on your arrival at the Property. We reserve the right to levy an additional charge for any extra cleaning required at the end of the Booking and for any consequential loss;
(m) report to us as soon as possible any breakages or damage caused by the you during the Booking and reimburse us with the cost of replacement. We reserve the right to make a claim against you for repair or loss as a result of damage caused;
(n) not stay on the Park for more than 28 consecutive days in any calendar year;
(o) not bring or allow to be brought any commercial vehicles onto the Park;
(p) not (without our express permission) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
(q) notify all other members of the your party of these undertakings.
3.2 In the event of a breach of any of the undertakings set out in clause 3.1, we can refuse to allow you to take possession of the Property or require you to leave the Property before the end of the Booking. In either case you shall be deemed to have cancelled the Booking and you shall have no claim for compensation or reimbursement whatsoever.
4.1 Dogs and other pets are permitted as long as the booking is a pet friendly unit and the, the appropriate fee has been paid. You should refer to the Park Rules or the Booking Confirmation for details.
5. ALTERATIONS AND CANCELLATIONS
5.1 You may:
(a) make alterations to your Booking provided the alteration is made 28 days prior to the Holiday Start Date and provided the appropriate amendment fee of £10.00 (including VAT) has been paid and additional charges have been paid as agreed between us and you (if any);
(b) subject to availability, at any time prior to the Holiday Start Date, request an upgrade of the Property subject to the Booking provided always that at the time that the upgrade is approved by us (which is at our sole discretion) you pay to us in full all additional charges for the upgrade and where requested by us, the appropriate amendment fee of £10.00 (including VAT).
5.2 Subject to clause 6.3, in the event that you wish to cancel your Booking, the following refunds and charges (as applicable) will apply depending on when the notice of cancellation was received by us:
(a) if we receive your written notice of cancellation at least 28 days prior to your Holiday Start Date, then we shall be entitled to retain the Deposit, however we will refund the balance of the Charges to you;
(b) if we receive your written notice of cancellation less than 28 days prior to the Holiday Start Date then we shall be entitled to retain the full balance of the Charges save for as provided in clause 6.2(c) below;
(c) if we receive your written notice of cancellation less than 28 days prior to the Holiday Start Date and the cancellation is as a result of your illness (supported by a bona fide doctor’s medical certificate), we shall be entitled to retain 50% of the Charges and refund the balance to you;
(d) if we agree in writing, regardless of when written notice of the cancellation is received, we may retain any Charges paid by you as credit to apply against a future booking made by you provided that such booking will take place during the same season of the same calendar year for which the original Booking was made and that you pay any additional charges due as a result of increased tariffs applying on the new dates together with an amendment fee of £10.00 (including VAT) when the future booking is made.
5.3 If you wish to cancel a Booking in relation to a Tourer, we may at our sole discretion elect to:
(a) retain any Charges paid by you as credit to apply against a future booking made by you provided that such booking will take place during the same season of the same calendar year for which the original Booking was made and that you pay any additional charges due as a result of increased tariffs applying on the new dates together with an amendment fee of £10.00 (including VAT) when the future booking is made; or
(b) offer the refunds set out in clause 6.2 save that the reference to “Deposit” in clause 6.2(a) shall be interpreted to mean “50% of the Charges paid by you”;
5.4 Notice of cancellation pursuant to clause 6.2 must be sent by registered post or recorded delivery to Mowbreck Park Ltd, Mowbreck lane, Wesham, Preston PR4 3JR.
5.5 No refunds will be given as a result of inclement weather.
5.6 Refunds payable pursuant to clause 6.2, unless otherwise agreed by both parties shall be made as follows:
(a) credit/debit card payments will be refunded to the same card number less any non-refundable deposit and any other non-refundable amounts;
(b) Cheque refunds will be made to the person named on the Booking Confirmation.
5.7 Please note that you do not have a statutory right to cancel your Booking under the Consumer Contracts Regulations 2013 since our contract is for the supply of accommodation.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
6.2 Subject to clause 7.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions ; and
(b) our total liability to you in respect of all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges.
6.3 Your (and all other members of your party’s) personal belongings and vehicles are left on the relevant park entirely at your own risk.
6.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Conditions.
7. DATA PROTECTION
7.1 For the purpose of the Data Protection Act 1998, all personal and other information and details collected by us in the course of our business, belong to us and will not be disclosed to any third party in connection with a Booking.
7.2 Telephone calls between you and us may be monitored or recorded by us for training and quality control purposes.
8.1 All complaints and issues must be brought to the attention of the Reception team during your holiday and they will endeavour to help. Should your issue remain unresolved then please email email@example.com We regret that we cannot deal with any complaint once you have left the relevant Park and your complaint was not registered during your holiday.
9. FORCE MAJEURE
9.1 For the purposes of these Conditions, “Force Majeure Event” means any event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under these Conditions as a result of a Force Majeure Event.
10.1 Waiver. A waiver of any right or remedy under these Conditions or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
10.2 Third party rights. A person who is not a party to these Conditions shall not have any rights to enforce its terms.
10.3 Variation. Except as set out in these Conditions, no variation of these Conditions, shall be effective unless it is in writing and signed by us.
10.4 Governing law and jurisdiction. These Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English courts.