Your conditions of hire YellowTop Country Park
FAIR TRADING TERMS 2007
Please read this carefully. When you book your holiday with us you are entering into a contract which binds you and us in various ways. You’ll see we have clearly set out the booking conditions with a list of responsibilities and commitments we and you have towards each other.
- Terms. All terms are either per week or per short break (start day as specified) for the accommodation as equipped and described. The usual time of take-over is 4pm (subject to unavoidable delays). You must leave your accommodation by the time stated on your hire invoice (usually 10am). You are obliged to leave everything in a clean and tidy condition. You are responsible for any damage done or loss sustained during your stay. Prices include VAT (where applicable) and insurance premiums include Insurance Premium Tax - both taxes are at the rate applicable at the time of printing and are subject to change if the rate or application of the tax changes. In the event of a change in the rate of VAT during the course of the year, your holiday will be invoiced at the new amount of VAT unless you have already taken your holiday or paid the balance in full prior to the date of the change. Our hire invoice and booking acceptance is not a VAT invoice. In the event of a change in the rate of I.P.T. during the course of the year, you will be invoiced at the rate applying on the date you purchased the insurance.
We reserve the right to correct errors in advertised prices. We will advise you of any error at the time of booking.
We also reserve the right to correct errors in confirmed prices. In this case, we will contact you as soon as we become aware of the error. If the correct price is higher and you do not wish to pay this, you will be entitled to cancel and receive a full refund of all monies you have paid to us providing you notify us within 14 days of our advising you of the error. We promise we will not seek to correct any error in a confirmed price within 8 weeks of the start of your holiday or more than 7 days after you make your booking.
*For holidays of 7 days or more starting Sunday, Monday or Tuesday, the previous Saturday charges apply; for Wednesday, Thursday or Friday starts the following Saturday charges apply.
For 3 or 4 night Breaks that cover two price periods, the week in which the greater number of nights are taken applies. Where an equal number of nights are taken in two different price periods, the average of the two applies.
- Making a booking. When you book you are accepting, on behalf of your party, the terms of these booking conditions. Any payments for your holiday you make to a travel agent authorised by us will be held by the agent on our behalf until they are paid to us or refunded to you. A binding contract comes into existence once we have received your deposit and we have issued a hire invoice and booking acceptance by e-mail, fax or post.
The contract shall be deemed to have been made at our offices in Foggathorpe and be subject to English Law. We both agree to submit any dispute to the exclusive jurisdiction of the Courts of England and Wales. In all cases these Conditions of Hire form the basis of your contract.
- Number in your party. It is a condition of your booking that the total number in your party shall not exceed the capacity of the accommodation as advertised on our website. Babies under 2 may or may not be counted as members of your party.
- Booking Monies. When you book you must pay the applicable Initial Payment requested.
Your Balance-of-Hire-Money is due and payable by the date printed on your Hire Invoice (8 weeks before your holiday start date). For bookings made within 8 weeks of your holiday start date you pay the full monies when you make your booking.
We reserve the right to pass on to you any bank charges and other costs we incur if payment is made in a foreign currency, by any other method not normally accepted by us or if we have to re-present a cheque or process late payments.
The prices shown in our brochure and on our website are cash prices only.
- Changes by You. Once a booking has been confirmed by us to you, should you require us to amend it or to re-invoice you for any reason (including for example accidental loss of the original invoice) then a fee of £20.00 will be charged. Up to 8 weeks before the holiday start date you may change your accommodation to another one within the same park as your original booking, subject to availability and payment of the above fee and any outstanding difference in price. You may transfer your booking to someone else/another party (introduced by you) at any time providing you pay the administration fee of £20.00 and any outstanding balance.
Note: Bookings may not be transferred to other parties after we have received notification of cancellation.
- Cancellation by you. Telephone us immediately if you have to cancel and on the same day send us your confirmation/invoice by firstclass mail, or take this action through your travel agent. Your cancellation is effective from the date we receive your written notification, which will be acknowledged.
If you cancel, a charge will be payable by you to cover our costs including charges by third party operators. These charges are set out below, and may be recoverable by you under your travel insurance policy, depending on its terms.
- Minors. We cannot accept bookings from anyone under 18 years of age.
- Linen, Towels and Keys. Bed linen is provided (this may be duvets or blankets and sheets). Towels are not normally provided. You may be asked for a security or key deposit at some holiday parks.
- Availability. Your booking is accepted on the understanding that your confirmed accommodation will be available for your use on the agreed date. Very occasionally, “force majeure” does not make this possible. Where “force majeure” (as defined in clause 10) arises, we have the right to cancel your booking. In this event, we will endeavour to offer you an alternative accommodation, if available. If we cannot do so or if you do not wish to accept the alternative we offer, we will refund all monies you have paid to us in full. Where any cancellation or change results from “force majeure” as defined in clause 10, our liabilities are limited to offering you an alternative property (where available) or full refund as set out above. We regret we cannot pay any compensation or meet any expenses or costs you may incur as a result of any such cancellation or change.
We reserve the right to alter or withdraw amenities or facilities or the whole or any part of any programme of activities, which have either been advertised or previously available, without prior notice; where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond our control.
The opening and closing dates of facilities are shown on each product page. Opening times may be limited outside the main holiday season.
We and the owner(s) have the right to refuse to hand over accommodation to any person(s) who, in our reasonable opinion or in the reasonable opinion of the owner(s), is not suitable to take charge of it. In such cases, all hire charges paid will be refunded in full, the contract shall be terminated and neither we nor the owner will have any further liability.
If, in the reasonable opinion of ourselves and/or the owner(s), any person(s) is not suitable to continue the holiday because of unreasonable behaviour, damage to property or danger or significant annoyance to others, the contract may be terminated, in which case neither we nor the owner will have any further liability. In this event, you will remain liable to pay the hire price and no refund shall be due.
Damage to Accommodation. The hirer shall also be liable to the owner for any damage caused in the accommodation during the period of hire. We and the owner(s) have the right to enter any accommodation (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out).
Group/Party Bookings. The organiser or leader of a group or party booking is responsible for providing the party details. Should you arrive at your holiday park with such a group without notifying us of the required details, we and the owner(s) have the right to refuse to hand over the accommodation to you. You may be asked to pay a Security Deposit at time of take-over.
Single-sex group bookings. The Holiday Parks in this brochure cater primarily for family holidays but some parks do allow single-sex groups or younger parties. Please see the relevant park details. A booking for such a party cannot be accepted for parks that do not expressly offer this facility. You may be asked to pay a Security Deposit at time of take-over.
Wheelchair/Disabled Persons. Many of our park locations and much of the accommodation we offer is unsuitable for visitors with mobility difficulties.
To ensure the accommodation and location booked is suitable for visitors with a disability, it is essential that all booking requests from parties including people with special needs, give us full and clear details of those needs. We also require confirmation as to whether or not the disabled visitor will be accompanied on their holiday by an individual able to attend to all their requirements.
Special Requests (e.g. for adjacent properties or apartments on a specific floor). These cannot be guaranteed, but every effort will be made to satisfy them.
- Force Majeure. Neither we nor the accommodation owner can accept responsibility or pay any compensation where the performance or prompt performance of our contract with you is prevented or affected by reason of circumstances which amount to “force majeure”.
Circumstances amounting to “force majeure” include any event which we or the owner(s) could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of your accommodation (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage or any similar event beyond our or the owner’s control. Such circumstances also include riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, war or threat of war, actual or threatened terrorist activity and all similar situations beyond our or the owner’s control.
- Your Pet. You may bring your pet with you to many holiday parks. A charge of up to £60.00 per pet, per week may be made for this facility. For Short Breaks, pets are charged at 66% of the weekly price. You must tell us that you are bringing your pet when you make your booking. You must bring your pet basket with you as pets are allowed on the clear understanding that in no circumstances may they lie on the bedding or chairs. Pets must not be left unattended in accommodation or elsewhere.
Animals other than dogs can only be accepted with specific permission from the Holiday Park.
At holiday parks pets are not allowed in the central complex areas, clubs, shops, bars or swimming pool areas. When you exercise your pet it must be on a lead and in the charge of an adult.
In the interest of visitors’ safety, and following government legislation, we are sorry we are unable to accept the following types of dog: American Pit Bull Terrier, Japanese Tosa, Fila Brasileiro and Dogo Argentino Rotweiller even where these types of dog are muzzled as required by government legislation. Some parks have additional exclusions, please check when booking.
- Assistance Dogs. Registered assistance dogs will be accepted free of charge at all locations in this brochure, subject to availability of suitable accommodation.
- Your Vehicles. Your vehicles and their accessories and contents are left entirely at your risk. We and the owner(s) will not be responsible for any loss or damage from or to any vehicle from any cause whatsoever other than, in the case of the owner(s), the negligence of him/herself or his/her employees or agents or, in our case, negligence of ourselves or our employees or agents. Parking and other regulations may vary from one Holiday Park to another.
- Liability. Except where otherwise specified in these Conditions of Hire neither Yellowtop Ltd., nor the accommodation owners and managers, can accept liability for any damage, expense, injury, death or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever other than, in the case of the owner(s) and/or manager(s) the proven negligence of him/herself or his/her employees or agents or, in our case, the proven negligence of ourselves or our employees or agents.
This clause does not attempt to exclude negligence or breach of statutory duty.
- Any Shortcomings. You must notify any shortcomings with your accommodation to the Park representative or owner(s) immediately so that remedial action, if appropriate, can be taken.
If a significant problem is not resolved to your satisfaction, please contact us as soon as possible during your holiday.
For all complaints and claims which do not involve personal injury, illness or death, we regret that it may effect our ability to investigate your complaint and may impact on the way that your complaint is handled if you fail to notify the owner or his/her representative and ourselves of any complaint or claim during your holiday and write to us with full details within 28 days of the end of your holiday.
- Car Ferry. If you book a car ferry through us, you and all members of your party are subject to the terms and conditions of the ferry operator, some of which may limit or exclude the ferry operator’s liability to you. Copies of these terms and conditions are available on request from ourselves or the ferry operator.
- Personal Holiday Insurance. You are strongly recommended to take our Personal Holiday Insurance for your holiday.
- Data Protection Policy. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we and your travel agents need to use the information you provide such as name, address, any special needs etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your accommodation and travel arrangements. The information may also be provided to security or credit checking companies, public authorities such as customs/ immigration if required by them, or as required by law.
We will not however, pass any information onto any person not responsible for part of your accommodation and travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant person).
Your data controller is: Yellowtop Ltd.
You are entitled to a copy of your information held by us. If you would like to see this please contact us.
We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future, please write to us.