Please make sure that you read these terms and conditions in full prior to making your Reservation. Pay particular attention to the terms at clauses 3.6 (changes to your Reservation), 6.9 (smoking and e-cigarettes), 6.10 (damages), 6.20 (personal belongings), 6.31 (Wi-Fi), 6.35 (charges), 6.40 (vehicles), 7 (changes to your Reservation made by us), 8 (cancelling and/or rescheduling your Reservation), 9 (charges and payment), 10 (failure to pay charges), 13.6 to 13.10 (limitation on liability) and 13.11 to 13.13 (consumer law). 

1. About us and how to contact us

1.1. Nirvana Spa & Leisure Limited (company number 0106625) (we, our and us) is a company registered in England and Wales and our registered office is at Nirvana Spa, Mole Road, Sindlesham, Wokingham, Berkshire, RG41 5DJ. We operate the Nirvana Spa Collection.

1.2. West Court Retreat located at West Court, Reading Road, Finchampstead, Wokingham Berkshire, RG40 4AX (Hotel) is part of the Nirvana Spa Collection and operates from West Court, Reading Road, Finchampstead, Wokingham, Berkshire RG40 4AX.

1.3. Information regarding the terms and conditions and policies for the rest of the Nirvana Spa Collection, including the terms, conditions and policies applicable to membership, spa days, online product sales, spa etiquette and our website, can be found here.

1.4. It is your responsibility to read and understand such other terms and policies which are, where applicable, incorporated by reference into your Contract.

1.5. To contact us, please telephone our customer service team at either 0118 227 7113 or 0118 989 7500, alternatively you can email us at [email protected].

 

2. Your Contract with us

2.1. These terms and conditions (Terms) and our applicable policies apply to any booking (Reservation) you purchase from us to attend and/or stay at the Hotel. All Reservations are governed by these Terms.

2.2. Additionally, these Terms and our policies apply to any members of the Nirvana Spa Collection, non-members, and other guests (guests being individuals who are not resident at the Hotel, but have been invited by either a member or a resident, attending the Hotel for the purpose of using our restaurant or afternoon tea offering).

2.3. References to you or your in these Terms and in our policies means you the individual who makes a Reservation with us. Residents means individuals who are currently checked in to, or ‘resident’ in the Hotel.

2.4. Your Contract with us shall be formed of:

• 2.4.1. these Terms and our applicable policies; and
• 2.4.2. the Order Receipt and/or Booking Confirmation that we provide to you.

(together forming your Contract).

2.5. If you make a Reservation for yourself and others, you accept and agree that you are the lead person in your party and that you are fully responsible for all acts and omissions by members of your party. You understand and confirm that it is your responsibility to notify the terms of the Contract to all members of your party and that you are jointly and severally liable for all acts or omissions by members of your party, in particular those which breach the terms of the Contract.

2.6. Some of these Terms shall only apply where you are a consumer customer or a business customer. Where a term applies only to consumer customers or only to business customers, this is

clearly stated. You are a business customer if you are purchasing our services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

3. Booking a Reservation with us

3.1. Our booking portal on our website will guide you through the steps you need to book a Reservation. Our booking process allows you to check and amend any errors before submitting your booking request to us. Please take the time to read and check your order, particularly the date of your Reservation.

3.2. After you book a Reservation, you will receive an e-mail from us acknowledging that we have received your booking request. However, please note that this does not mean that your booking has been accepted.

3.3. Your request to us to make a Reservation for you will constitute an offer by you to purchase our hospitality and services but whether we accept any such offer will be for us to decide in our discretion. Once we inform you that we accept your request for a particular Reservation and confirm to you the booking reference, a binding contract between us is formed. We will confirm our acceptance to you by sending you an e-mail with an Order Receipt and/or Booking Confirmation.

3.4. Unless we have agreed directly with you in advance, specific rooms in our Officers’ Wing are not provided to you prior to arrival. Where you have been given a specific room number/name (such as in the Manor House), we reserve the right to change it.

3.5. We may reject your Reservation, including where your accommodation is no longer available, or we do not have the capacity for you to attend on the date selected for your Reservation. When this happens, we will let you know as soon as possible and give you the option to select an alternative date or to receive a refund of any sums that you have already paid to us. Additionally, there may be situations where we must swap your reserved accommodation with a similar or comparable alternative, and if this is less than the amount that you originally paid, we will refund you the difference.

3.6. You may make changes your Reservation at any time prior to your arrival, but any changes which are either a cancellation or rescheduling of your Reservation will be subject to clause 8 (Cancelling and/or Rescheduling your Reservation). Any changes to other aspects of your Reservation after our acceptance of your Reservation may incur an administration charge depending on the nature of the requested changes. We will endeavour to accommodate your requested changes, although we cannot guarantee that we will be able to do so.

3.7. All descriptions, and indications of prices for our accommodation on our website, or otherwise communicated to you are for your guidance only and intended merely to present a general idea of the accommodation. The images and descriptions of the Hotel and our accommodation on our website are for illustrative purposes only. Whilst we have made every effort to display our offering accurately, the specifics of your accommodation may vary slightly from said images and descriptions.

3.8. When you request us to make a Reservation, you must provide us with identification information including, but not limited to, your name, address, contact telephone number and email address. On check in we are legally obligated to ask for verification of your full name and nationality by production of photographic ID, such as a UK driving licence or passport.

3.9. Instead of making a Reservation in advance, you may make a Reservation when you arrive. If we have availability of the type of room or the particular room or other services that you request at that time, we will accept your request for the Reservation, although we cannot promise that any room(s) or particular room(s) requested or such requested services will be available.

3.10. You may request additional nights at the Hotel at any time during your stay. We will endeavour to meet such a request. If we are able to meet such request, we will accept the request as a Reservation and upon our acceptance, a binding contract will be formed between you and us.

3.11. Reservations for over 6 people that also include access to Nirvana Spa are subject to our Spa Group Bookings Policy which can be found here. If you wish to make a group booking, please contact our Spa Services team.

3.12. Restaurant reservations for over 8 people or afternoon tea reservations for over 4 people are, in addition to being subject to these Conditions, subject to our Hotel Food and Beverage Group Bookings Policy which is as follows: Any group bookings for food and beverage related services such as table reservations in the restaurant or afternoon tea reservations are subject to approval by hotel management prior to the hotel issuing a booking confirmation. This is to ensure we can appropriately accommodate larger parties with the necessary provisions, such as table size and availability, to facilitate your booking. Group bookings made separately (e.g. two reservations made for a table of five when the genuine intention is for the party to occupy a singular table of ten) are subject to cancellation without notice, in this instance, a full refund would be issued for any sums paid. Alternatively, we may still facilitate your individual bookings, however please note we may be unable to, and have no obligation to, facilitate a merger of the separate bookings.

 

4. Bespoke/events reservations

Any reservations that have been exclusively curated by our events team, typically for the purposes of a bespoke event, such as but not limited to corporate reservations, room hire, residentials, larger food and beverage reservations, exclusive site use etc. are subject to our Events Terms and Conditions which can be found here. If you wish to make a bespoke or event booking, please contact our Hotel Reception team.

 

5. Check-in/ check-out and arrival at the Hotel

5.1. Check-in is available from 15:00 and final check-out is at 11:00. Early check-in and/or late check-out is subject to availability and may be subject to a charge. If you check-out after 15:00 the additional charge is equivalent to the cost of an additional night’s stay on the rate you have booked for accommodation with us.

5.2. If you are arriving late, all reservations are held until 22:30 on the booked day of arrival unless agreed directly with us in advance. If late arrival has not been agreed directly with us, we reserve the right to re-let the room for the next day.

5.3. Under English law (Immigration (Hotel Records) Order 1972), all serviced and self-catering accommodation premises, which includes the Hotel, must keep a record of all guests over the age of 16 for 12 months. When you arrive, we will ask you to complete a registration form for all the residents in your group with their full name(s), home address(es) and nationality. Additionally, if you are not a British, Irish or a Commonwealth national, we will ask you to include your passport number and place of issue, as well as details of your next destination (including the address, if known). On arrival we shall require proof of identity and nationality by way of a passport, certificate of registration or other document establishing identity for each member of your party to fulfil our statutory obligations, validate the information provided on the booking, and to prevent misuse or fraud.

5.4. We will hold this data on our records for at least 12 months and at any time it may be disclosed for inspection to a police officer. We reserve the right to refuse entry to anyone who is unable to provide the necessary details stated in clause 5.3.

5.5. All Reservations must be made in the name of the lead guest. If we are provided with a fake or incorrect identity, we will refuse your Reservation and we reserve the right to:

• 5.5.1. cancel your Reservation with immediate effect and (if appropriate) require you to leave the Hotel;
• 5.5.2. restrict access to the Hotel;
• 5.5.3. remove your items from the room and the Hotel, disposing of such items in the event that you do not collect them within 7 days of removal;
• 5.5.4. refuse future reservations from you and/or refuse you entry or accommodation at any of our Hotels.

5.6. How we store and use your data is set out in our privacy policy which you can find here.

5.7. We reserve the right to request a pre-authorisation upon arrival of a valid debit or credit card, failure to comply with this request can result in being denied entry to the hotel.

5.8. Guests under the age of 18 and over the age of 16 may only register and check in to the Hotel if accompanied by an adult.

5.9. We reserve the right to refuse admittance to the Hotel, including if you are attending as both a resident and non-resident, and we do not have to give a reason for refusing admittance.

 

6. Attending the Hotel

Etiquette, damage and other rules

6.1. You must behave quietly and with decorum at all times when attending the Hotel.

6.2. You must not intentionally cause annoyance or disturb other members or residents of the Hotel through your conduct and use of our facilities. You must always conduct yourself in a reasonable and responsible manner. If you are unable to abide by these policies, we may ask you to leave the Hotel and, in that case, you must immediately pay us all sums due. The Hotel reserves the right to determine acceptable levels of noise or behaviour of guests in the sole opinion of the Hotel’s management.

6.3. You must keep mobile phones on silent within the Hotel. If you need to make a phone call or record a voice note, you must use discretion when around other guests.

6.4. Pets are not allowed, except as permitted by our Service Animal Policy, which can be found here.

6.5. When taking photographs, you must be mindful not to include other Hotel guests in the background. You must not take photographs in changing or toilet rooms.

6.6. You may not bring any alcohol or other substances to the Hotel. You may also not bring any other food or beverages on site and we reserve the right to remove any food and beverage not purchased within the Hotel.

6.7. You must not conduct any criminal offence or prohibited action, including but not limited to:

• 6.7.1. the possession or distribution of a controlled substance;
• 6.7.2. the possession or distribution of other dangerous substances including but not limited to ‘legal highs’, inflammable materials or other dangerous chemicals;
• 6.7.3. the possession or distribution of other illicit items or dangerous equipment, such as firearms or offensive weapons;
• 6.7.4. tampering with any fire alarms or emergency equipment;
• 6.7.5. using any electrical appliances that may set off fire alarm systems;
• 6.7.6. utilising any Hotel rooms to store items (personal or otherwise) which could in our sole opinion cause damage to any Hotel room, or being a risk to the health and safety of our staff or property;
• 6.7.7. using electric heaters or any other heating or cooking device within the bedrooms such as steamers, microwaves, or rice cookers;
• 6.7.8. preventing our management, housekeeping and/or maintenance staff from having access to your room as and when required, with housekeeping being permitted full access at least once every day;
• 6.7.9. Using the Hotel, the Hotel premises or any facilities for the purposes of selling, providing and/or receiving services of a sexual nature or facilitating the same;
• 6.7.10. removing, damaging or destroying any Hotel property;
• 6.7.11. lighting candles or any kind of naked flame in your room or any part of the hotel;
• 6.7.12. using temporary, or permanent fixings to attach decorations to walls or ceilings, such as Blu-tac, Sellotape, Command Strips, Screws etc;
• 6.7.13. soliciting of goods and services from residents, guests or staff;
• 6.7.14. conducting discriminatory, violent, bullying or intimidating behaviour, directly or indirectly, towards staff, residents or guests;
• 6.7.15. invasion of privacy;
• 6.7.16. using any technology provided by us to download or access any unlawful or obscene material; or
• 6.7.17. operating a business from the Hotel premises without our prior written authorisation.

6.8. You are not permitted to take from the Hotel anything from the room inventory (such as pillows, blankets, towels). If items are found to be missing from the room, we reserve the right to charge you accordingly.

6.9. Smoking (including e-cigarettes) is prohibited in all areas of the Hotel and surrounding grounds. There is a designated smoking area outside the accessible entrance. Our smoke detectors are sensitive to e-cigarettes such as vapes. If we:

• 6.9.1. suspect you have smoked or vaped in your room; or
• 6.9.2. have inspected your room and concluded that the condition the room has been left in would require us to conduct a deep clean,

we reserve the right to apply a deep clean fee to your final bill to recoup any costs incurred by us in carrying out such deep clean or in putting a room out of service and conducting a deep clean, as we are unable to allow guests to use the room after your departure until we had returned it to its original condition.

6.10. You must not cause damage to any amenities, fixtures, and fittings within the room or to other guests or their property. If we identify that any amenities, fixtures, fittings have been damaged whilst you are resident within the Hotel or you have caused damage to another guest or their property, we reserve the right to apply a damage fee to your final bill to recoup any costs incurred by us to repair/replace any amenities, fixtures or fittings within the room or to compensate the relevant guest. You agree to advise Hotel reception as soon as possible of any damage.

6.11. If you or any member of your party cause damage to the Hotel, other guests or their property, or otherwise breach any of the terms of the Contract, we reserve the right to:

• 6.11.1. cancel your Reservation with immediate effect and (if appropriate) require you to leave the Hotel;
• 6.11.2. restrict access to the Hotel;
• 6.11.3. remove your items from the room and the Hotel, disposing of such items in the event that you do not collect them within 7 days of removal;
• 6.11.4. refuse future bookings reservations from you and/or refuse you entry or accommodation at any of our Hotels.

6.12. We reserve the right to decline or cancel reservations made and stays in progress by those who have previously breached these Terms or any of our other terms and conditions or policies (as may be updated from time to time) whether the reservation is in that name or not.

6.13. The maximum room occupancy is 2 adults unless we explicitly state and offer otherwise. You must not exceed the maximum occupancy for the room allocated to you. We reserve the right to conduct checks on occupancy. Occupancy is not transferable.

6.14. We reserve the right to change your room allocation at any point during your stay for any reason.

6.15. You shall at all times observe the directions and recommendations we make from time to time in connection with the safe and hygienic use of the facilities. Gym shoes and appropriate attire (not swimming costumes) must be worn in the gym. In the event that you observe a want of repair or any situation which could give rise to personal injury, you should bring such observation to our attention as soon as possible.

6.16. Hotel facilities, such as the sauna, steam room, gym, tennis courts and other facilities, are accessible to residents only. For hygiene reasons, you must sit on a towel whilst in the sauna. You must wipe any machines down after use when in the gym.

6.17. You and all members of your party acknowledge that use of the gym, tennis courts and other facilities of the Hotel could be potentially hazardous, particularly to inexperienced or unfit persons using the gym, and give rise to injury or death and therefore the facilities must be used safely and prudently, having regard to each person’s health and having regard to the other persons in the Hotel or those using the gym facilities at the time. We are only liable for the injury or death of you or any member of your party that results from our negligence, and you and your party (if appropriate) shall use the Hotel facilities at your own risk.

6.18. You should not use the Hotel facilities:

• 6.18.1. where your health is or becomes in any way impaired, without seeking advice from your doctor first;
• 6.18.2. where you knowingly are suffering from any medical condition that could cause infection or injury to any other person at the Hotel; or
• 6.18.3. where using the gym or any other facilities may affect your health, without first seeking advice from your doctor.
• 6.18.4. where you are under the influence of alcohol or other substances.

6.19. In the unlikely event that we need to move you from one room to another, we will ask you to move your possessions from your existing room to your new room or alternatively, we will move your possessions for you at your request. If our reason for needing to move you from one room to another is due to an emergency, we will move your possessions for you from your existing room to your new room and any items which we perceive to be valuable or which you have notified us in advance are valuable (including any items in the safe of your existing room) will be kept by us in a secure location and will be returned to you upon your request.

6.20. You must take reasonable steps to safeguard your personal belongings and property whilst attending the Hotel. You agree that, except as required by law, we will not be liable for any liability, claim or expense arising directly or indirectly from any loss, theft, or damage to your personal belongings or property at the Hotel.

6.21. All of the above rules will also apply to members of your party and your guests and you shall be liable for any breach of the Contract by any of them.

Age policy

6.22. Access to the Hotel is restricted to those aged 16 and above for overnight accommodation, dining, afternoon tea, and private events. Anyone attending the hotel below the age of 18 must be accompanied by an adult.

Dining, food and beverages

6.23. Food and drinks that are provided inside your room, such as the minibar, are not included in any rate(s) for bedroom accommodation and thus are subject to a charge on check-out.

6.24. All items consumed from the mini bar must be paid for. If items are consumed and replaced with substitute goods (such as water from the tap) we may charge the full price for all such items.

6.25. If you or any of your party or guests have any special dietary requirements, you should inform us of them in advance of your arrival. We will endeavour to accommodate those requirements and, where this is not possible, tell you that we are unable to do so.

6.26. You must wear no less than ‘smart casual’ wear when dining in the restaurant or attending afternoon tea. Please note that only food and drink purchased at the Hotel may be consumed on the premises. Access to food and beverage services is limited as set out below:

• 6.26.1. Nirvana Spa Collection Members: restaurant and afternoon tea by reservation only. Members can bring a maximum of three guests to breakfast and dinner; there is no cap on guests for lunch and afternoon tea;
• 6.26.2. Residents: restaurant and afternoon tea by reservation only. Residents are only permitted to bring guests to lunch and afternoon tea, unless they are a Nirvana Spa Collection Member; and
• 6.26.3. Non-members: restaurant for lunch, and afternoon tea by reservation only.

6.27. If at any point we believe you are in breach of these Terms, any of our applicable policies or any of our other applicable terms and conditions, we may ask you to pay any outstanding charges owed and leave the Hotel. If we deem it necessary, the relevant authorities will be contacted.

General

6.28. We are not responsible for the content of any sites directly or indirectly linked to or linked from any pages on our website and/or via the Hotel’s Wi-Fi.

6.29. The wireless internet connection available at the Hotel is unsecured and hotel guests utilise the internet at their own risk. You must compensate us in relation to any loss or harm that we suffer as a result of your use of the Hotel’s internet facilities. 6.30. The public areas of the Hotel and general Hotel premises are monitored by closed circuit television (which may include audio recording). We may use any surveillance material in a court of law should such use become necessary in our opinion.

6.31. You must not and you must procure that your attendees do not enter areas of the Hotel which are indicated as being closed to the public.

6.32. We reserve the right to refuse admittance to the Hotel and we do not have to give a reason for refusing admittance.

6.33. You are personally liable for all charges incurred during your stay and if you do not check out at the front desk prior your departure, you authorise us to process all charges incurred during your stay to the credit or debit card presented on check-in.

Transport

6.34. We operate a complimentary transport service between West Court Retreat and Nirvana Spa. As this is a complimentary service, your booking time may be subject to change and/or cancellation without notice. The details of your transport will be confirmed upon your arrival.

6.35. In the event you are late for your transport, we may be unable to offer an alternative timeslot.

6.36. You must arrive for your transport at either our Hotel Reception or Spa Reception at least five minutes before your scheduled departure time.

Car parking

6.37. Whilst we do host a car park reserved for residents of the Hotel, we are under no obligation to provide you with parking facilities, we do not offer a valet parking service.

6.38. You must comply with any directions given from us or instructed by signage when parking, unloading or delivering luggage or supplies. Except as required by law, we shall not be responsible for any loss of or damage to your vehicle or the contents thereof, including personal possessions and valuables, unless such loss or damage is proved to have been caused by our negligence. All parking is at your risk.

6.39. If your vehicle or any member of your party’s vehicle is parked in a manner which we deem to be erroneous (including but not limited to; parking in multiple bays, parking in bays reserved for disabled drivers without a valid ‘blue badge’, parking outside of or away from a designated parking area) we may request for you to relocate your vehicle or to procure that the relevant member of your party relocates their vehicle so that it is suitably parked. If you or your party does not comply with this request, we reserve the right to transport your vehicle to a spot we deem to be appropriate or remove it from the site without notice.

6.40. Extended use of the car park outside of bookings is permitted at the sole discretion of management. We reserve the right to remove any vehicles from the site without notice if they are left unattended for an extended period of time without our prior written agreement.

 

7. Changes to your Reservation made by us

7.1. We can change your Reservation in accordance with these Terms and/or our applicable policies.

7.2. We can change the services and benefits provided as part of your Reservation and the facilities provided at the Hotel:

• 7.2.1. to make minor technical adjustments and improvements, so long as these changes don't negatively affect your Reservation or your use of the Hotel facilities; or
• 7.2.2. to reflect changes in relevant laws and regulatory requirements,

and in either such case, we are not liable to you or your party in relation to any such change.

 

8. Cancelling and/or rescheduling your Reservation

8.1. Once we have accepted your Reservation, if you (in full or in part) cancel or reschedule or we decide to cancel your reservation under clauses 5.5, 6.11, 6.12 or 8.6.2, we may, in accordance with the terms below, charge you a cancellation charge.

Accommodation

8.2. Where your Reservation relates to overnight accommodation with us, we shall endeavour to let your room to someone else for the same period, but even if we are successful in letting your room to someone else for the same period, a charge may still apply to cover any cost incurred by us in accommodating the cancellation or rescheduling, such as credit or debit card fees that we have paid which we cannot reclaim.

8.3. Where we are not successful in letting your room to someone else for the same period and at the same rate, we shall be entitled, at our discretion, to retain as a cancellation charge, up to either 100% of the total sum of the payment(s) or the full price (at the applicable rate) that you have paid or is due to us in relation to your Reservation. If the cancellation or rescheduling occurs more than 48 hours before the start date of your Reservation, unless cancelled by us under clause 5.5, the cancellation charge shall be limited to 10% of the total sum of the payment(s) or the full price that you have paid to us in relation to your Reservation. In either case, we shall reduce the cancellation charge to take account of any amount that we may receive from another person who makes a reservation which covers part of the period included in your Reservation or which covers the full period but at a lower price, and after we have retained the cancellation charge from payment(s) that you have already made to us, we will refund you the balance. Where you have not paid in full at the time of making your Reservation and we therefore cannot retain the cancellation charge from payment(s) that you have already made, we may take the cancellation charge using the payment details you provided when you made your Reservation, upon our receipt of your communication informing us that you wish to cancel or reschedule (or at any time afterwards) or if we decide to cancel your reservation under clauses 5.5, 6.11, 6.12 or 8.6.2, at the time that we notify you of such decision (or at any time afterwards).

Afternoon tea

8.4. Where your Reservation relates to an afternoon tea booking, we shall endeavour to sell your requested service to someone else, but even if we are successful in selling your requested service to someone else, a charge may still apply to cover any cost incurred by us in accommodating the cancellation or rescheduling.

8.5. Where we are not successful in selling your requested service to someone else and at the same rate, we may, at our discretion, charge you a cancellation charge which shall be limited to 50% of the full price (at the rate applicable) of your afternoon tea booking, except that if the cancellation or rescheduling occurs more than 24 hours before the time of your Reservation, unless cancelled by us under clause 5.5, there will be no cancellation charge payable. We may take the cancellation charge using the payment details you provided when you made your Reservation, upon our receipt of your communication informing us that you wish to cancel or reschedule (or at any time afterwards) or if we decide to cancel your reservation under clauses 5.5, 6.11, 6.12 or 8.6.2, at the time that we notify you of such decision (or at any time afterwards). We will be entitled to deduct

some or all of the cancellation charge from any sum that you paid to us in advance and to retain such amount, and we will refund to you any balance.

Availability and non-arrivals

8.6. We may, at any time before you check-in, cancel your Reservation in the following circumstances:

• 8.6.1. if the required accommodation and/or personnel and/or other resources necessary for the provision of the room and/or services to you are not available due to any cause outside our control. If we cancel your Reservation in such circumstances, we will offer you alternative accommodation, or an alternative service of the same standard or better if it is available. If it is not available or we offer it to you and you decline it, we will refund to you in full any deposit or other advance payment that you have made to us for your Reservation; or
• 8.6.2. if you have not paid for your Reservation in full in advance of check-in and you do not arrive by 22:30 on the first day when you are due to stay at the Hotel. In such a case, we shall be entitled to re-let your room after that time unless you have notified us in writing in advance of your late arrival, and we have agreed to a late check-in. If we cancel your Reservation in these circumstances, we will be entitled to charge you a cancellation charge in accordance with clause 8.3 above. We shall attempt to contact you to inform you a cancellation in these circumstances.

 

9. Charges and payment

 

9.1. We publish details of our room rates and services (including, where applicable, promotional rates and other special offers) on our website, at the Hotel reception and/or by email or post. All rates shown in our price list include VAT.

9.2. When you request a reservation and we quote any rate(s), these rate(s) will apply only to the provision of hotel bedroom accommodation unless we specifically state otherwise.

9.3. Additional charges apply for services including, but not limited to, car parking, meals, drinks, room service, use of wireless internet access, leisure, fitness, spa, beauty or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities. We will inform you of the rates payable for such additional services on request when you arrive at the Hotel.

9.4. You may make payment for Reservations made online or over the phone by credit or debit card. You may make payment for Reservations made in person by credit or debit card, cash or by bank transfer. However, regardless of the method of payment used when making your Reservation, you must give us your credit or debit card details at the time that you make your Reservation. Your credit or debit card details that you provide must be valid beyond the end date of your Reservation and you authorise the use of this card for any sums that become due to us from you that you have not already paid (such as cancellation charges or sums payable for additional items requested or for damages incurred). Unless the booking for the Reservation expressly states otherwise, we will take payment for your Reservation at the time of you making your Reservation.

9.5. The following will apply to any promotional rates that we may offer from time to time:

• 9.5.1. you must pay in full at the time of booking for a Reservation to which a promotional rate applies and we will not have to give you any refund except where we must do so under the Contract;
• 9.5.2. if you incur charges during your stay in addition to the promotional rate for your Reservation, we will invoice them and you must pay for them as required; and
• 9.5.3. if you request any additional nights and we accept your request, you must pay for the additional nights at the standard rate.

9.6. If you are a business customer, you must pay all amounts due to us under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

9.7. We may alter any of our rates without prior notice but if the rate applicable to your Reservation or applicable to any of our services increases between the time when you make your Reservation and the date when your booked room accommodation or other service is to be provided, any increase in the rate will not apply to your Reservation.

9.8. If you are entitled to a (full or partial) refund under the Contract or as required by law, we will make such refund to you in accordance with the Contract or as required by such law.

 

10. Failure to pay charges

10.1. If we are unable to take payment for any charges, fees and/or any other sum due to us from you either when requested, or due to an early or unreported departure from the Hotel or any of our other sites or facilities, we will contact you and the outstanding sum(s) must be paid within 14 days of us contacting you. Unpaid sums may result in us refusing to approve future bookings or membership applications which we receive from you or which are made on your behalf. We charge interest on the outstanding sum(s) at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us the interest together with any overdue amount.

10.2. If any sum(s) remain outstanding for a period of longer than 30 days, we may instruct a debt collection agency to pursue the outstanding sum(s) on our behalf.

10.3. If we suspect debit/credit card fraud, we will report this to the police.

 

11. Delays outside of our control

We are not responsible for delays outside our control. If your Reservation is delayed or affected by an event outside of our control, such as temporary closures for maintenance and repair, natural events, pandemics, terrorism, electrical failures, water outage etc then we shall contact you as soon as possible to let you know and we shall try to mitigate the circumstances. As long as we do this, we will not compensate you for the delay but if the delay is likely to be substantial, you can contact us to end the Contract and receive a refund for anything that you have paid us for in advance but not received.

 

12. Dispute resolution

12.1. You have several options for resolving disputes with us. Our Customer Service Team will do their best to resolve any problems you have with us or our services as per our Complaints Policy which can be found here.

12.2. Alternatively, you can go to court. The Contract is governed by English law. If you are a consumer customer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer customer, we can claim against you in the courts of the country you live in. If you are a business customer, you

irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

 

13. Other important terms that apply

13.1. We can transfer the Contract, so that a different organisation is responsible for supplying our service to you. We will tell you in writing if this happens and if you are a consumer customer, we will ensure that the transfer won't affect your rights under the Contract.

13.2. You can only transfer the Contract to someone else if we agree to this and if you are a business customer, we may withhold our agreement without reason.

13.3. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

13.4. If a court or other authority decides that a part of the Contract is unlawful, the rest of it will still apply.

13.5. Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Limitation of liability

13.6. Nothing in the Contract will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation or for any other liability which it is not legal for us to exclude or limit.

13.7. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of the Contract or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract with you is created. We will not be responsible for any loss or damage suffered by you that is not foreseeable or for any loss or damage suffered by you that you could have avoided by taking reasonable action, including following our reasonable instructions.

13.8. We provide all goods and services only for your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials or services that we provide, or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).

13.9. If you are a consumer customer, nothing in the Contract is intended to or will exclude, limit, prejudice or otherwise affect any of our statutory liability, duties or obligations to you as a consumer, or any of your statutory rights or remedies as a consumer, including under The Hotel Proprietors Act 1956, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any other consumer protection legislation as amended from time to time.

13.10. If you are a business customer, then except in respect of the losses described in clause 13.6:

• 13.10.1. we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982;
• 13.10.2. we shall not be liable to you, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way for any of the following: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, or indirect or consequential loss; and
• 13.10.3. our total aggregate liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the total sums paid by you for your Reservation.

Consumer law

13.11. If you are a consumer customer, we are required by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs) to ensure that certain information is given or made available to you as a Consumer before we make our contract with you (i.e. before we accept your request to make a Reservation). We have included the information itself either in these Terms for you to see now or we will make it available to you before we accept your request to make a Reservation. All of that information will, as required by the CCRs, be part of the terms of the Contract with you as a consumer.

13.12. In addition, as required by the CCRs, all of the information regarding your stay and the services on our website, and any other information which we give to you about any services or the Hotel, which you take into account when deciding to make a booking or when making any other decision about our products or services, will be part of the terms of the Contract if you are a consumer under such regulations.

13.13. Please also note that as we are a supplier of accommodation and catering services with a specific date or period of performance, you do not have a 14-day ‘cooling off’ period in which to cancel the Contract following the Contract coming into effect.

13.14. We may from time to time change these Terms or our policies without giving you notice.

Changes to these Terms

13.15. If you are a business customer, the Contract constitutes the entire agreement between us in relation to your Reservation. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the Contract and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.