May Day Weekend: Last minute availability this weekend for non-electric pitches

Terms and conditions of sale

Introduction

These terms and conditions shall govern the sale and purchase of products through our website. You will be asked to give your express agreement to these terms and conditions before you place an order on our website. This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

Interpretation

In these terms and conditions:

  • "we" means Three Cliffs Bay Holiday Park; and
  • "you" means our customer or prospective customer,
  • and "us", "our" and "your" should be construed accordingly.

Order process

The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section.

To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the reservations you wish to book, and then proceed to the confirmation page to pay a deposit for those reservations; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

You will have the opportunity to identify and correct input errors prior to making your order by clicking the edit booking link shown at each booking step. Once directed to the payment providers page, you will have 10 minutes to complete the transaction. If you take longer than this, we no longer guarantee your pitch and you will be alerted that we will contact you within a reasonable time to advise whether your booking is still applicable, otherwise we will refund your payment made as a deposit.

Products

The following types of products are or may be available on our website from time to time: pitch reservations for camping, caravans and motorhomes at Three Cliffs Bay Holiday Park. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

We only accept family and couples bookings, and do not accept any form of group (single sex or mixed sex). We reserve the right to cancel your order at any time, at the sole discretion of Three Cliffs Bay Holiday Park, if we feel any booking does not follow these terms.

Prices

Our prices are quoted on our website. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT. Our registered VAT number is 124053218. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

Payments

You must, during the checkout process, pay the prices of the bookings you make. This is, in most cases, a two or three night deposit which covers the first two/three nights of your booking. In rare instances, if you only book one night then a one night deposit will be charged. The deposit is based on the time of year you are booking. Time periods with a three night minimum stay would have a three night deposit charged. This will be confirmed on the deposit page as well as your confirmation email. Payments may be made by debit or credit card via our card merchants Barclaycard or Stripe. If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

By reserving the requested dates, and therefore paying a deposit for the booking, you are committing to paying any remaining balance of the pitch costs upon the dates specified during the booking process. These would be generally 14 days before arrival for camping/thouring holidays, or 42 days before arrival for cottage bookings. These amounts will be quoted on the booking pages, as well as your confirmation email you receive upon booking completion. These amounts are final, and are paid upon arrival. Any changes to these costs are only upon request, and under approval of Three Cliffs Bay Holiday Park.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

  • an amount equal to the amount of the charge-back;
  • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  • an administration fee of GBP 25.00 including VAT; and
  • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this document (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.

Distance contracts: cancellation right

This Section applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

When making a booking, either online on this website or by phone, we take a two or three night deposit which covers the first two/three nights of your stay for camping/touring holidays. For cottage bookings we take a 50% deposit instead. This deposit is non-refundable in all circumstances.

Cancelling a booking does not entitle you to a full or partial refund. If you cancel at least 14 days for touring or 42 days for cottage holidays before the due arrival date, then you are entitled to carry your deposit onto another set of dates, if available, for that calendar year. Deposits may not be carried over to a following season and will be forfeited.

Cancelling within 14 days of arrival for touring holidays or 42 days for cottage holidays, will forfeit your deposit paid for a booking, but you are not able to re-use your paid deposit to rebook any dates. This term is final, and deposits will not be refunded in any circumstance, not limited to bad weather, poor camping conditions, ill health, unforseen circumstance, or any other events outside of our control.

Any deposits made through this website, and by phone, are therefore final, and non-refundable. By paying a deposit, you are also agreeing to paying any outstanding balance due upon arrival to the site. If the pitch is cancelled at least 14 days before arrival for touring or 42 days before arrival for cottage bookings, any remaining balance is not due.

Warranties and representations

You warrant and represent to us that:

  • you are legally capable of entering into binding contracts;
  • you have full authority, power and capacity to agree to these terms and conditions;
  • all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

We warrant to you that:

  • we have the right to sell the products that you buy;
  • the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
  • you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
  • the products you buy will correspond to any description published on our website; and
  • the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to this document, all other warranties and representations are expressly excluded.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this document and elsewhere in these terms and conditions:

  • are subject to this document; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Order cancellation

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

  • you fail to pay, on time and in full, any amount due to us under the contract; or
  • you commit any breach of the terms of the contract.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

Consequences of order cancellation

If a contract under these terms and conditions is cancelled in accordance with this document:

  • we will cease to have any obligation to honour bookings which have not been used at the time of cancellation;
  • you will continue to have an obligation where applicable to pay for bookings which have occurred at the date of cancellation; and
  • all the other provisions of these terms and conditions will cease to have effect, except that these terms outlined in this document will survive termination and continue in effect indefinitely.

Scope

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights. These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

Variation

We may revise these terms and conditions from time to time by publishing a new version on our website. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

No waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

Severability

If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to this document, these terms and conditions, as well as our general terms and cancellation policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Law and jurisdiction

A contract under these terms and conditions shall be governed by and construed in accordance with English and Welsh law. Any disputes relating to a contract under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

Our VAT number is 124053218.

Our details

This website is owned and operated by David Beynon, Julie Beynon, Thomas Beynon, Adam Beynon and Rebecca Price, for Three Cliffs Bay Holiday Park.

Our principal place of business is at North Hills Farm, North Hills Lane, Penmaen, Swansea, SA3 2HB.

You can contact us by writing to the business address given above, by email to info@threecliffsbay.com or by telephone on 01792 371218.