BOOK YOUR STAY AT OUR LUXURY BEACHFRONT APARTMENT

FBR BOOKING CONDITIONS

STANDARD BOOKING CONDITIONS (for FILEY BEACH RETREAT)

These standard booking conditions are between the owner of the Property, Nailer Properties Limited (trading as Filey Beach Retreat) (“we”, “us” and “our”) and the person who books the Property (“you” or “your”).

1. Definitions

“Booking Confirmation” means the form on this website which you are required to complete when making a request to book a stay at the Property confirming your contact details, the period of your stay, the Rental Price and the Breakage Deposit.

“Breakage Deposit” means the sum of £100.00.

“Deposit” means the sum equivalent to 25% of the Rental Price (excluding the Breakage Deposit).

“Matlock House” means the building at 4 The Beach, Filey, North Yorkshire, YO14 9LA comprising 6 separate flats, including the Property.

“PayPal Fees” means, if you have made a payment by PayPal, the fees deducted by PayPal from the amount of that payment or from the amount of any refund we make to you.

“Property” means the 2 bedroom flat known as Flat 4 located on the first floor at the rear of Matlock House.

“Rental Price” means the total cost (excluding the Breakage Deposit) payable by you stated on the Booking Confirmation.

2. Booking the Property

2.1 You must be over 25 years of age at the time you submit the Booking Confirmation and as the person completing the Booking Confirmation you will be responsible for all members of your holiday party.

2.2 After completing and submitting the Booking Confirmation, then:

2.2.1 if you submitted the Booking Confirmation more than 55 calendar days before your stay, the Deposit will be payable immediately; OR

2.2.2 if you submitted the Booking Confirmation 55 calendar days or less before your stay, the Rental Price (in full) plus the Breakage Deposit will be payable immediately.

2.3 Please make payment of the Deposit / Rental Price by:

2.3.1 bank transfer OR

2.3.2 PayPal to our email address: nailerproperties@gmail.com; OR

2.3.3 cash (by personal delivery only).

3. Paying the balance of the Rental Price (if any) and the Breakage Deposit

3.1 If you submitted the Booking Confirmation more than 55 calendar days before your stay at the Property, you must pay the balance of the Rental Price plus the Breakage Deposit (together the “Balance”) no later than 55 calendar days before your stay.

3.2 If the Balance is not received by the required date, we will email you a reminder to make payment. If the Balance has not been received within 7 calendar days of our payment reminder, you will then be deemed to have cancelled your booking and we will make every reasonable effort to re-let the Property. If we are successful in doing so, we will refund you the Deposit less any PayPal Fees and any late booking discount we have had to offer in order to re-let the Property. If we are unsuccessful in re-letting the Property, then we will not be able to refund you the Deposit.

4. What’s included?

4.1 The Rental Price includes the cost of electricity, gas and water consumed during your stay. Towels (one bath sheet and one hand towel per person and tea towels) and bed linen and duvets, etc. will be provided. We are also able to provide (if requested) a high chair, a travel cot and a dog crate for a small/medium size dog. Please bring your own beach towels. A windbreaker (and a mallet) will also be provided. You may also use the car parking permit for parking at the West Avenue Car Park and at Filey Country Park.

4.2 Please let us know no later than 7 calendar days before your stay whether you require the single fold-up bed in the main bedroom making up.

5. Breakage Deposit

5.1 We will refund you the Breakage Deposit (less any PayPal Fees) within 7 calendar days after your stay provided no damage has been caused to the Property or to its fixtures, fittings or other contents.

5.2 You will not be responsible for any minor damage (such as glass breakages) provided it is not caused by non-accidental mistreatment or misuse.

6. Occupancy

6.1 Unless otherwise agreed with us, the Property will be available from 4.00pm on the first day of your stay and must be vacated by no later than 10am on the final day of your stay. We will email you instructions on how to gain access to Matlock House and to the Property (via a key-safe located on the outside wall of Matlock House to the left of the main entrance door) no later than 24 hours before your stay. The cost of replacing lost keys (£15.00) and the car parking permit (£50.00) will be deducted from the Breakage Deposit.

6.2 During your stay, you agree that:

6.2.1 the number of people (and dog(s)) staying at the Property will not exceed the number stated in the Booking Confirmation;

6.2.2 you will show due consideration for the occupants of the other flats within Matlock House;

6.2.3 you will not smoke (including any electronic cigarettes) in the Property, in the communal areas of Matlock House or at the front or rear of Matlock House;

6.2.4 you will not have a barbeque at the front or rear of Matlock House;

6.2.5 you will lock the inner porch door of Matlock House at all times (including when you are in the Property) and also lock the outside porch door of Matlock House during the hours of darkness;

6.2.6 you will keep the gate to the front courtyard of Matlock House closed at all times;

6.2.7 you will deposit all of your rubbish (whether recyclable or not) in the green bin with an orange lid (and clearly marked for Flat 4 use only) in the bin storage area at the rear of Matlock House; and

6.2.8 accidents excepted, you will keep the Property and its fixtures, fittings and other contents in the same condition as it and they are found at the beginning of your stay and leave the Property in a tidy state. You will not be required to carry out a deep clean of the Property at the end of your stay as this will be the responsibility of the cleaning company we employ.

7. Dogs

7.1 You may bring up to 2 medium size well-behaved dogs with you to stay at the Property. There is no charge for doing so. All we ask is that you do not leave your dog(s) unattended in the Property.

7.2 Please also keep your dog(s) on a lead when in the communal areas of Matlock House and in the front courtyard of Matlock House and please ensure it does not (or they do not) foul the front or rear of Matlock House.

8. If you cancel your Booking

8.1 Please notify us ASAP by email if you need to cancel your booking. The cancellation will not become effective until we have received your cancellation notice. We will make every attempt to re-let the Property.

8.2 If we receive your cancellation notice:

8.2.1 more than 60 calendar days before your stay, we will refund you the Deposit (less any PayPal Fees); OR

8.2.2 60 calendar days or less before your stay, we will make every reasonable effort to re-let the Property. If we are successful in doing so, we will refund you all sums we have received from you in respect of the Rental Price less any PayPal Fees and any late booking discount we have had to offer in order to re-let the Property (and, if you have paid it, will refund you the Breakage Deposit less any PayPal Fees). If we are unsuccessful in re-letting the Property, then we will not be able to refund you any sums we have received from you in respect of the Rental Price. However, the Breakage Deposit, if you have paid it, will be refunded to you less any PayPal Fees.

8.3 We recommend that you purchase insurance against the risk of you having to cancel your booking.

9. If we cancel your Booking

9.1 We may cancel your booking in the unlikely event that the Property becomes unavailable as a result of the occurrence of any event(s) beyond our control or reasonable contemplation (such as flooding or fire). We will advise you of the occurrence of any such event(s) as early as possible and refund you all sums we have received from you in respect of the Rental Price less any PayPal Fees and, if you have paid it, the Breakage Deposit less any PayPal Fees. You will have no further claim against us.

10. Wireless Internet

10.1 A wireless internet service is available at the Property, subject to you agreeing to the following:

10.1.1 we are unable to guarantee the availability of the service at all times and in all parts of the Property and we reserve the right to modify or temporarily suspend the service without notice to you for technical repair and you will not be entitled to any compensation if you are unable to use the service for any reason;

10.1.2 internet security shall at all times be your responsibility; we are not responsible for the security of any information which you transmit or receive using the service;

10.1.3 you must keep the password confidential; and

10.1.4 you are responsible for all activities that you engage in when using the service and liable for any loss or expenses which we may suffer or incur as a result of your actions.

11. Confidentiality and Data Protection

11.1 Any personal data you provide to us, and any information we provide to you, shall remain confidential and will not be disclosed to any third party or used for any purpose other than for or in relation to your stay at the Property.

11.2 In order to allow you to stay at the Property, we hold the following personal data:

11.2.1 your name and address;

11.2.2 your email address; and

11.2.3 your contact telephone number(s).

11.3 Your personal data is processed onto our systems and is continually backed up onto secure storage using the latest technology.

11.4 We will not transfer your personal data to other parties unless it is required for or in relation to your stay at the Property. Your personal data will be handled in accordance with the guidelines of the General Data Protection Regulation 2018 and only so far as necessary for or in relation to your stay at the Property.

12. Our liability to you

12.1 We will not be liable to you for any death, personal injury or loss of or damage to your personal property except where it results from our negligence.

SPECIAL BOOKING CONDITIONS (COVID-19) (for FILEY BEACH RETREAT)

These special booking conditions are between the owner of the Property, Nailer Properties Limited (trading as Filey Beach Retreat) (“we”, “us” and “our”) and the person who books the Property (“you” or “your”). They are in addition to but except where there is any conflict, do not replace our Standard Booking Conditions.

Definitions

“Additional Guest(s)” means any other person(s) who will be staying with you at the Property.

“Additional Rental Payment” means the payment by you of additional rental monies for any Prolonged Stay.

“Coronavirus” means the severe acute respiratory syndrome coronavirus (SARS-CoV-2) which can cause the COVID-19 Disease.

“COVID-19 Disease” means the disease caused by the Coronavirus.

“Daily Rental Price” means whatever standard daily rate would have been charged to other guests to stay at the Property during any Prolonged Stay.

“Matlock House” means the building at 4 The Beach, Filey, North Yorkshire, YO14 9LA comprising 6 separate flats, including the Property.

“PayPal Fees” means, if you have made a payment by PayPal, the fees deducted by PayPal from the amount of that payment or from the amount of any refund we make to you.

“Potential Hazards” means the following:

(i) contamination of the Property by you and/or any Additional Guest(s) if you and/or they are asymptomatic or display symptoms of the COVID-19 Disease during your and their stay at the Property; and

(ii) transmission of the Coronavirus between you and/or any Additional Guest(s) and:

(a) other occupants of Matlock House in the communal areas of Matlock House (including the courtyard at the front of Matlock House) either during or following your and their stay at the Property; and/or

(b) other guests who stay in the Property following your and their stay at the Property; and/or

(c) cleaning and/or any other maintenance contractors who may enter Matlock House and/or the Property during and/or following your and their stay at the Property.

“Prolonged Stay” means any period commencing on the day you and any and all Additional Guest(s) were due to leave the Property and ending on the day you and any and all Additional Guest(s) leave the Property when you and they are reasonably able to do so following any period of self-isolation.

“Property” means the 2 bedroom flat known as Flat 4 located on the first floor at the rear of Matlock House.

Special requirements to counter the Potential Hazards

1. We will not provide any general-use condiments whatsoever (i.e. milk, coffee, tea bags and sugar) but will provide soap, one toilet roll and a small number of dishwasher and washing machine tablets for your use in a pre-sealed bag and some welcome chocolates (which were purchased before the outbreak of the Coronavirus).

2. You and any and all Additional Guest(s) are encouraged not to use any of the DVDs or games provided in the Property for at least 72 hours from the commencement of your and their stay at the Property.

3. If, at any time within 14 days BEFORE YOUR STAY at the Property, you and/or any Additional Guest(s):

3.1 test positive for the COVID-19 Disease;

3.2 display any symptoms of the COVID-19 Disease; or

3.3 have reason to believe that you or they may have come into contact with any person who has tested positive for the COVID-19 Disease, then:

(a) you must contact us immediately;

(b) you and/or they must follow the Government instruction to self-isolate at home; and

(c) neither you nor they should arrive at the Property.

We will make every reasonable effort to re-let the Property and, if we are able to do so, a full refund of all monies you have paid to stay at the Property (less any PayPal Fees) will be made to you within 7 days of you contacting us. Unfortunately, if we are unsuccessful in re-letting the Property, then we will not be able to refund any sums we have received from you but will refund you any breakage deposit you have paid less any PayPal Fees.

4. If, at any time DURING YOUR STAY at the Property, you and/or any Additional Guest(s) display any symptoms of the COVID-19 Disease, then:

4.1 you must contact us immediately;

4.2 whoever is displaying symptoms of the COVID-19 Disease should immediately request a COVID-19 test; and

4.3 if whoever is displaying symptoms of the COVID-19 Disease tests positive for the COVID-19 Disease, you and any and all Additional Guest(s) must, if you and they can reasonably do so, return home immediately to follow the Government instruction to self-isolate at home.

If you and any and all Additional Guest(s) cannot reasonably return home, then:

(a) you and any Additional Guest(s) may continue to stay at the Property until such time as you and they can reasonably return home;

(b) you agree to make payment to us, within 21 days after leaving the Property, of the amount of the Additional Rental Payment, calculated as follows:

Period of Prolonged Stay (days) x Daily Rental Price

(c) after deducting the amount of any Additional Rental Payment you are required to make, you also agree to make payment to us, within 21 days after leaving the Property, of the amount of any monies we are required to refund to any guest(s) who were due to stay at the Property after you but who are unable to do so as a direct result of our cancellation of their stay due to your Prolonged Stay.

5. DURING YOUR STAY at the Property, you and any and all Additional Guest(s) must follow the Government instruction to socially distance from:

5.1 other occupants of Matlock House in the communal areas of Matlock House (including the courtyard at the front of Matlock House); and

5.2 maintenance contractors who may enter Matlock House and/or the Property.

6. AT THE END OF YOUR STAY at the Property, please:

6.1 strip all beds in the Property (whether or not used) and place the used bed linen and all towels in the two “FBR” laundry bags provided; and

6.2 empty the contents of all rubbish bins in the Property into the tie-up bin bags provided and place the tied bin bags in the refuse bin “4” in the bin storage area at the rear of Matlock House.

7. If, at any time within 14 days AFTER YOUR STAY at the Property, you and/or any Additional Guest(s) either:

7.1 display any symptoms of the COVID-19 Disease and test positive for the COVID-19 Disease; or

7.2 have reason to believe that you or they may have come into contact with any person who has tested positive for the COVID-19 Disease,

then you must contact us immediately.