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Terms & Conditions

The following terms and conditions along with the ‘useful information’ and ‘frequently asked questions’ sections of this guide / on our website (together with the ‘conditions of booking’) will apply to your booking.

Our conditions of booking are reviewed and updated from time to time. When we do this, we may make changes to the conditions of booking so that they are as up-to-date as possible in order to comply with law and so that we continue to provide you with relevant information about your booking.

The conditions of booking in force at the time when you make your booking are those that apply to your booking, unless we provide you with a copy of our new conditions of booking. Please remember to read and check the conditions of booking each time you make a booking with us as they may have changed since your last booking.

All bookings are subject to the conditions of booking and to availability.

1. The holiday contract
A contract between you and Warner (“our agreement”) will exist when any of the following ‘booking conditions’ are met:
a) we receive your deposit payment and issue our written confirmation of your booking; or
b) when booking by telephone or online, we inform you that your booking is confirmed; or
c) when booking in person at a travel agent, your travel agent tells you that your booking is confirmed.

Our agreement shall bind you and all the members of your party. It is your responsibility to ensure that all members of your party are made aware of and accept the conditions of booking. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of the conditions of booking. Your failure to disclose all relevant information to all members of your party and/or failure by you and/or members of your party to comply with these terms may lead to termination of our agreement, and loss of the booking.

2. General
a) If your payment is returned unpaid by your bank or card provider, we may have to charge a £30 administration fee, or even cancel your booking.
b) You and members of your party must abide by the rules of your hotel or village at all times. All this information can be found in the contents of the current brochure, the holiday booking confirmation and the conditions of booking.
c) Our agreement is governed by English Law and we agree to the exclusive jurisdiction of the English Courts. You may however choose the jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
d) If any part of our agreement is deemed void by law, the remainder will, if capable, continue in full force and effect.
e) We specifically draw your attention to part 12 of these conditions of booking (Limitation of liability)
f) All bookings are subject to availability.

3. Brochure prices and VAT
We promise that the price of your holiday will be the current price at the time of your booking as agreed and shown on your holiday booking confirmation, plus any Holiday Protection Plan and supplements chosen. We reserve the right to change the price of any of the holidays shown in our brochure or on our website any time before booking. All our prices include VAT.

4. Deposits
When booking your holiday you must pay a non-returnable deposit as stated at time of booking, plus any Holiday Protection Plan, insurance and supplement payments due. If you book within 10 weeks of your holiday you will need to pay the holiday price in full when you book or sooner if a specific offer requests full payment on booking. We can only accept cheques up to four weeks before your holiday start date.

5. What if you need to make changes?
We’ll always try our best to fit in changes to your booking – so long as you tell us in writing at least 10 weeks before your holiday start date. Changes are subject to availability and are subject to an administration charge of £30 each and any further cost that we incur in making the change to your booking. If you have to make a substantial change to your holiday within 10 weeks of the holiday start date, we’ll treat it as a cancellation. And remember: changing your holiday start date will probably mean a change in price.

6. What if you need to cancel your holiday?
We really hope it doesn’t come to this, but it might be a good idea to take out our Holiday Protection Plan to cover cancellations. Our Holiday Protection Plan covers a cancellation in the event that you or any members of your party are unable to travel due to sickness, redundancy, jury service or adverse weather conditions such as snow. If you have your own holiday insurance, cancellation payments may be refunded by your insurance company, subject to the terms and conditions of your policy and the charges listed below.

Please note that the consumer cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply in the case of:
(a) package holidays which are fully exempt under Regulation 6(1)(g); and
(b) hotel reservations which come under the partial exemption in Regulation 28(1)(h).

Please remember holidays not covered by our Holiday Protection Plan will not be refunded or transferred except where we have to cancel them.

Cancelling due to illness, redundancy or jury service:
If you have Holiday Protection Plan, you may write to us to notify us that you and/or a member of your party wish to cancel your booking due to illness, redundancy or jury service. You will need to provide us with documentary evidence in respect of your/their sickness, redundancy and jury service (including a doctor’s certificate / letter or a notification from court or employer). On receipt of such written notification and documentary evidence, we will cancel your booking and any payments you’ve made for your booking may be transferred to another date within 12 months of your cancellation start date. All cancelled bookings are subject to the following:

Cancelling more than eight weeks prior to your holiday start date if you have the Holiday Protection Plan:
At your option, you will be able to transfer your holiday to an alternative date or get a refund, less a £30 per person cancellation fee (at Christmas and New Year – £80 per person).

Cancelling less than eight weeks prior to your holiday start date if you have the Holiday Protection Plan:
You will be able to transfer to a different holiday start date subject to a cancellation fee of £30 per person (at Christmas and New Year – £80 per person) provided that you give written notice of cancellation between eight weeks and eight days prior to your holiday start date. If we receive your notice less than seven days before your holiday start date, the cancellation fee will be £80 per person (at Christmas and New Year – £125 per person).

Cancelling due to adverse weather conditions:
If you have Holiday Protection Plan covering adverse weather conditions, then in circumstances where we agree that you are prevented from travelling to the site on your holiday start date due to adverse weather conditions, any payments you’ve made for your booking may be transferred to an alternative holiday start date within the next six months following your original holiday start date. Any such substitute holiday start date must be booked with us within four weeks of the original holiday start date.

Definition of adverse weather:
Adverse weather conditions covered by our Holiday Protection Plan means snow, floods and any other weather of such severity that the police and/or appropriate authorities warn, by means of public communication networks, that it is unsafe for individuals to travel via their planned or reasonable alternative route to the site. The plan cover refers to information advised from the following websites:

• www.bbc.co.uk • www.rac.co.uk
• www.theaa.com • Relevant police area website
• www.highways.gov.uk (government highways agency)

The adverse weather condition cover is only applicable on day of travel and is subject to a cancellation fee of £80 per person (at Christmas and New Year – £125 per person).
Please remember: No bookings can be transferred or cancelled without approval from Warner. So, as soon as you know you need to cancel, please give us a call on 0330 100 3354* (open Mon-Fri, 9am-6pm and Sat, 9am-1pm).

7. Cancellation for any other reason and cancellation charges
The Holiday Protection Plan also covers you and/or your party for cancellations due to any reasons other than sickness, jury service, redundancy and adverse weather. In this case, any refund will be subject to the sliding scale below:

Number of days in advance of holiday
start date                                                      Cancellation charge payable
56 days or more                                            Deposit paid and any supplement costs
55 - 43 days                                                  40% of total holiday cost
42 - 29 days                                                  60% of total holiday cost
28 - 8 days                                                     90% of total holiday cost
7 days or less                                                100% of total holiday cost

To make a cancellation contact our Customer Care Team on 0330 100 3354* or write to the Customer Care Team,

Warner Leisure Hotels,
1 Park Lane,
Hemel Hempstead,
Hertfordshire
HP2 4YL.

All cancellations are subject to a cancellation fee shown on the following page.

Cancellation fees
If you wish to cancel your holiday and are covered by the Holiday Protection Plan and we are in receipt of the appropriate doctor’s certificate / letter, employer’s or court notification, the following cancellation fees will apply:

All dates except Christmas and New Year
More than 7 days before departure - £30 per person
Within 7 days of departure - £80 per person

Christmas and New Year
More than 7 days before departure - £80 per person
Within 7 days of departure - £125 per person

For adverse weather cover the following cancellation fees will apply:
Day of arrival: £80 per person
Day of arrival for Christmas and New Year: £125 per person

Any refunds given in respect to payments made by debit or credit cards will be repaid to the same card. Where Warner holiday vouchers have been used these may be transferred to another holiday, but no refund of the value of the vouchers will be given.

Please remember holidays not covered by our Holiday Protection Plan will not be refunded or transferred.

8. Cancellation following non-arrival
If you haven’t arrived by 8am the morning after your holiday start date and you haven’t contacted us to confirm when you’re going to arrive, we’ll treat your holiday as cancelled. In this case you will not be entitled to any refund or transfer.

9. If we cancel or change your holiday
In the unlikely event that we need to cancel or significantly change your booking, we’ll let you know as soon as possible. Unless this is due to unusual or unforeseeable circumstances beyond our control, you will be entitled to choose between the following options:
a) a replacement holiday of a standard comparable to that booked and of the same value paid;
b) a replacement holiday of lesser value together with a payment of the difference by us;
c) a replacement holiday of higher value with a payment of the difference by yourself; or
d) a full refund.

If the headline entertainment booked for your break changes we will always try to notify you before you arrive.  However, for any additional entertainment we reserve the right to substitute acts and shows for others without notification.

Compensation
Subject to clause 12, if we cancel or make a significant change to your booking, we will pay compensation for any provable loss except where the major change or cancellation arises due to events beyond our control.

Events beyond our control
We will not be liable to you in any way or pay you compensation if we have to cancel or change your booking in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

10. Re-selling
If you have plans to re-sell your holiday, please ask us when you book. Without this information we will be unable to issue a VAT invoice, under the Tour Operators Margin Scheme which we account for our VAT. If you want to be an agent for Warner, please ring our Customer Care Team and ask for our Agency Sales Team.

11. Travel operators
Party members travelling by ferry or coach are subject to the terms and conditions of the relevant service operator(s). Full details are available on request. Warner Leisure Hotels cannot be held responsible and shall not be liable for delays, cancellations and/or other consequences and any resulting loss or damage which is due to the actions or omissions of such third party service operators.

12. Limitation of liability
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your holiday. However we will not be liable to you for any indirect or consequential loss or where any failure in the performance of the contract is due to:
(a) you or a third party unconnected with the provision of your booking;
(b) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
(c) an event which we or our suppliers, even with all due care, could not foresee or forestall.

[Our liability, except in the circumstances set out in the remainder of this clause 12, shall be limited to a maximum of two times the price of your booking.]

We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which may not be limited under any applicable law.

13. Comments and complaints
If you’re not happy please tell your hotel or village manager before leaving. Hopefully we’ll be able to put things right immediately. If not, please put your complaint in writing to the General Manager of the hotel or village. Bear in mind that claims may be reduced or rejected if we were not given the opportunity to put matters right during your holiday.

14. Defined terms
In the conditions of booking, ‘you ‘ and ‘your’ refers to the person who makes the booking; ‘we’, ‘us’, ‘our’ or ‘Warner’ refers to Warner Leisure Hotels, a trading division of Bourne Leisure Ltd a company registered in England and Wales with company number 01854900, registered office: No 1, Park Lane, Hemel Hempstead, Hertfordshire HP2 4YL.; ‘holiday party’ or ‘party’ refers to those persons named on the booking confirmation and any person added at a later date; the ‘site’, ‘hotel’, ‘village’, refers to the site you have chosen for your holiday.

15. Electric scooters and wheelchairs
We welcome guests who are Blue Badge holders to bring their mobility scooter to our hotels and villages to use during their stay. To keep all of our guests safe, please book a ground floor room and keep your vehicle stored inside your room. If your vehicle is over 70cm wide you will need to book a “Wheelchair Accessible Room”. Only 4mph pavement vehicles are permitted within our buildings and you must hold Public Liability Scooter Insurance. You will need to bring your Blue Badge with you, as unfortunately due to a limitation on space, we cannot allow anyone without a Blue Badge to bring a scooter inside the hotel. You are responsible for ensuring that you are capable of safely operating your mobility scooter and for the security of your mobility scooter during your holiday.

We accept no liability for the any accident, loss or damage to you or your mobility scooter, except to the extent that such loss or damage arises from our negligence or the negligence of our employees, agents or subcontractors.

16. Security of your personal belongings

Please note that your personal belongings are your responsibility during your holiday. We recommend that you take out appropriate holiday insurance to cover your belongings during your holiday. We accept no liability for any accident, loss or damage to your belongings except to the extent that such accident, loss or damage arises from our negligence or the negligence of our employees, agents or subcontractors.

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