Heron Lakes Terms and Conditions      

HERON LAKES (ROUTH LIMITED)

TERMS AND CONDITIONS

OUR AGREEMENT WITH YOU

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we will supply the holiday to you.

1.2 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we supply the holiday to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. DEFINITIONS

The following definitions apply in these terms and conditions:

2.1 “agreement” is the contract which incorporates: (i) these terms and conditions; (ii) your booking confirmation; (iii) the documents referred to in clause 3.1 below; and (iv) anything else we agree with you in writing;

2.2 “Holiday Lodge” or “accommodation” means a holiday lodge placed on a pitch on the Park hired by you under the terms of this agreement;

2.3 “party” refers to those persons named on the booking confirmation and any person added later who will be staying at the Holiday Lodge;

2.4 “We”, “us”, “our”, “Heron Lakes” or “the Park” is Heron Lakes (Routh) Limited, which is a company registered in England and Wales at Beckside Court, Annie Reed Road, Beverley, HU17 0LF, with company number 05573091;

2.5 “Writing” or “written” shall also include emails; and

2.6 “You”, “your” or “lead guest” the contact point for the booking who must attend the holiday booked.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 By booking with us, you confirm that you agree to comply with and accept these terms and conditions and the following additional terms which we will provide to you:

3.1.1 our Park Rules;

3.1.2 the Fishing Rules and Etiquette Policy; and

3.1.3 our Covid-19 Policy.

3.2 How to contact us. You can contact us by telephoning our customer service team at 01964 545 968 or by writing to us at enquiries@heron-lakes.co.uk or Heron Lakes, Main Road, Routh, Beverley, East Riding of Yorkshire, HU17 9SL.

3.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

4. OUR ROLE AS AGENT

4.1 We act as agent of the owner of the Holiday Lodge for which you make a booking (“Owner”) by arranging bookings and taking payments from you for Holiday Lodge bookings.

4.2 When you book a Holiday Lodge with us acting as agents, you are entering directly into a legally binding contract with the Owner with respect to hiring the Holiday Lodge, not us. We will not be a party to that contract.

4.3 We, as agents, accept no legal responsibility for any contract you enter with the Owner, or for the acts or omissions of any Owner or anyone representing or employed by them in relation to your booking. We cannot accept any liability for any problems or faults with or in any accommodation which are solely under the control of the Owner.

4.4 Our responsibilities to you are limited to making the booking in accordance with these booking conditions and your instructions.

5. YOUR USE OF THE BOOKING

5.1 The accommodation that we advertise is offered by the Owner for the sole purpose of holiday lettings and/or must never be occupied as your principal home, unless expressly agreed otherwise in writing by the Owner and us.

5.2 Accordingly you agree and accept that you are not offered any rights to the Holiday Lodge other than the right to occupy the Holiday Lodge as holiday accommodation for the period of your booking. No booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977.

5.3 Our booking services with you are available for your personal, non-commercial use only. You are not allowed to re-sell our holidays or act as an authorised agent. This includes the advertisement, sale or gift of your booking (for profit or otherwise) or use it in connection with a competition, promotion, business and charitable or any other similar venture without our express advance written permission.

6. WEBSITE DETAILS

6.1 We aim to make sure that information provided by Owners about their accommodation and its facilities or services, is accurate and complete on the date given. Descriptions are intended to present a general idea of the accommodation and do not constitute any advice or recommendation by us.

6.2 Not all details of the relevant facilities can be included on our website. Furthermore, there may be small differences between the actual accommodation and its description. Occasionally, some facilities or services may not be available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware.

6.3 Where Wi-Fi is an advertised facility, its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure, not for business purposes.

6.4 We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and services that we pass on to you in good faith, unless this was caused by our negligence. If we become aware that such information is not true, we will promptly correct it.

6.5 We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website.

7. MAKING YOUR BOOKING

7.1 How we will accept your booking. Our acceptance of your booking will occur when we email you with a booking confirmation, at which point a contract (our agreement) will come into existence between you and us as agent on behalf of the Owner.

7.2 If the accommodation is available and we have received all the relevant payments from you, we will send you an email confirmation of your booking as soon as reasonably possible. This email confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking. If you do not receive a booking confirmation within 24 hours, please contact us immediately.

7.3 We, on behalf of the Owner, have the right to refuse any booking before we send you written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the Owner will have any legal responsibility to you.

7.4 If you place your booking with us and we are unable to take the relevant payments due to an error with your card details, bank or any other issue, we will make attempts to contact you to let you know. If we are unable to contact you within three days from your first attempt to make the booking and still are unable to take the relevant payments due from you, we reserve the right to cancel the booking.

7.5 Our agreement with you binds you (the person named on the confirmation), and all members of your party, including children and any day visitors. You must ensure that all members of your party are aware of, and accept all of the terms of this agreement. Our agreement continues in place until the last member of your party has left the Park, including any extension to your stay and for such time afterwards as may be necessary.

7.6 Please check the details on the booking confirmation carefully. If any of the details are incorrect, or change, especially your address, you must inform our team as soon as possible. You must also ensure that you pay any amount required in accordance with the ‘Welcome Letter’ which will be sent to you with your booking confirmation. If you do not pay the required amount when due, we will have the right to cancel your reservation and keep or claim your deposit (as it is a non-refundable booking fee).

8. PAYMENT AND PRICING

8.1 Prices are kept under constant review, and prices may fluctuate throughout the day. We reserve the right to adjust the prices of accommodation. The price shown on your booking confirmation will not change.

8.2 The lead guest is responsible for making all payments to us. We will ask you to pay a non-refundable deposit to secure your booking. The deposit payment will be required upon booking that equates to 20% of the total sum of your holiday. When you book, you must pay the deposit amount then due, as will be set out in the Welcome Letter. You must pay by debit or credit card and we only accept payment in pounds sterling.

8.3 We must receive the full payment of the total cost of your booking four weeks prior to your arrival date. Failure to do so may result in your holiday being cancelled with no refund. You can pay off the remaining balance of your booking either by calling us on 01964 545 968 or by visiting the link in the balance payment reminder email.

8.4 If you do not pay any payment due in relation to your booking by the appropriate date we, on behalf of the Owner, are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of clause 9 will apply. You may also need to pay additional charges and will also lose your deposit, as this is a non-refundable administration fee. Please see clause 10 for refunds relating to COVID-19.

9. CHANGING OR CANCELLING YOUR BOOKING

9.1 You may change your booking with us for any reason provided the change is made four weeks prior to your arrival date. It will not be possible to move your booking if your request to move the booking is made less than four weeks prior to your arrival date. Please see clause 10 for how this applies to COVID-19 restrictions. A £25 administration fee shall apply to any change to your booking requested by you.

9.2 You may only move your arrival date once and this is subject to availability. Any further attempt to move your arrival date will entitle us to treat this as a cancellation with the relevant fees applying. Please refer to clause 10 to see our COVID-19 policy in relation to this.

9.3 You must select your new arrival date within six weeks of making the request. If you do not inform of us within this time frame of your new arrival date, we will treat this as a cancellation and the relevant fees shall apply.

9.4 Please note that any change of date and accommodation will be likely to involve a change in price of your holiday and an amendment charge being payable. If your holiday is more expensive, you will be required to pay any additional cost.

9.5 You may cancel your booking at any time by calling us on 01964 545 968. You will have to pay a cancellation charge based on the number of days before the arrival date at the Holiday Lodge that we receive notice, as shown in the table below. This means that if you have already paid the full balance of your total booking cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not yet paid your total booking cost by the time of your cancellation, you may have to make a further payment to cover the cancellation charge:

Number of days before arrival date that notification is received Cancellation charge as % of total booking cost

28 days or more Full deposit

27- 15 days 50% of total booking cost (inc. deposit)

14 – 8 days 75% of total booking cost (inc. deposit)

7 days or less 100% of total booking cost (inc. deposit)

9.6 For the purpose of the table above, total booking cost means accommodation rental price plus any extra items charged by the Owner such as charges for pets, welcome packs or cots but not including the administration fees charged by us for making any changes.

9.7 You may not transfer your booking to any other person or party without our written prior consent.

9.8 If any person(s) in your party needs to cancel, this will not affect the total cost of your booking.

9.9 No refunds are payable in the event that you cut short your stay.

10. CANCELLATIONS DUE TO COVID-19

10.1 If you need to cancel your booking because of UK government public health measures imposed as a result of COVID-19 which mean it is unlawful to travel or to make use of the Holiday Lodge booked, you may choose to:

10.1.1 transfer your booking free of charge to a later date, subject to availability – the change in price must be paid or we shall reimburse you if the cost is lower than your original booking; or

10.1.2 request a refund of the amount already paid by you for the booking, minus any administration fees to process this.

10.2 If you request any of the above options, you must send us proof of your requirement to self-isolate. You must email us an official copy of your email from NHS Track and Trace.

10.3 In order to keep our employees and guests safe, we are fully entitled to our own discretion to reject anybody from entering the Park if they are showing symptoms of COVID-19. If you are rejected due to showing symptoms of COVID-19, we will endeavour to move your booking to a later date.

11. CHANGES BY US OR THE OWNER

11.1 We and the Owner do not expect to have to make any changes to your booking. However, sometimes bookings have to be changed or mistakes have to be corrected. We, and the Owner, have the right to do so.

11.2 If we or the Owner do need to make changes, we (on the Owner’s behalf where the Owner is making a change), will contact you by phone if reasonably possible in the case of a significant change or by email in the case of a minor change as soon as is reasonably practical. We will explain what has happened and let you know about the change. However, we will have no further liability to you.

11.3 If we or the Owner cancel your booking or are prevented from providing the accommodation you have booked, you may choose to: (i) accept alternative accommodation – you will have to pay any difference in price if the cost of the new accommodation is higher or be reimbursed the difference if the cost of the new accommodation is lower; or (iii) obtain a refund of the amount already paid by you for the booking. We will contact you to inform you of these options.

11.4 Even if we have sent a written confirmation, we have the right to cancel a booking where there are reasonable grounds to believe that (i) it is not legitimate; (ii) you are likely to breach these booking conditions; (iii) information supplied by you in relation to your booking is incorrect and you have not informed us in a timely manner; (iv) you have behaved in a vexatious, abusive or unlawful manner to other guests or our staff. If we cancel your booking in these circumstances, we will tell you in writing and we will not have any legal or financial responsibility to you. 11.5 In addition to clause 11.4, we do not knowingly allow any guest to use or visit the Park who: (i) has an unspent criminal conviction; (ii) has an entry on a criminal register (including the sex offenders’ register); (iii) has any record of any order indicating antisocial behaviour, violence, abuse, public disorder or criminal damage or any other form of antisocial behaviour; (iv) is a convicted sex offender, subject to the notification requirements of the Sexual Offences Act 2003; or (v) is subject to a Risk of Sexual Harm Order or Child Abduction Notice. If you do not disclose this information about yourself or any other member of your party, and it later becomes known to us, we reserve the right to cancel your booking and require that you, and the other members of your party, leave the Park, without refund.

11.6 We can also end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in your party (including anyone invited into the accommodation by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where you or any member of your party (or anyone invited into the accommodation by you) has broken or is likely to break any of these booking conditions, the Owner’s terms and conditions or any other terms and conditions applicable to the accommodation which you have been told about. If this happens, you will have to leave the accommodation immediately and no refund will be given. You may also be responsible for any costs we or the Owner incurs as a result of your behaviour.

12. TERMS OF YOUR STAY

12.1 Where the majority of the party is under 21 or includes any person(s) who are normally closely supervised, there must be sufficient capable and responsible adults over the age of 21, in every Holiday Lodge to provide adequate supervision for the party and each member of it. The lead guest will have overall responsibility for the whole party. The name and contact details of the lead guest will be confirmed on arrival at the Park.

12.2 If the purpose of your booking is for a stag or hen party, please call our team prior to submitting the booking to discuss availability. Same sex parties in groups of 6 or more must have prior permission from the Owner before booking – it is at the Owner’s absolute discretion to either accept or reject the booking request.

12.3 If we incur costs in providing assistance or supervision to your party we reserve the right to claim compensation from you in accordance with clause 20.

12.4 We reserve the right to conduct security searches as a condition of entry to protect your safety and that of other visitors. We may conduct security searches of clothing, bags and vehicles, as determined by us in our reasonable discretion, including on entry and exit of the Park.

13. GUESTS WITH DISABILITIES

13.1 We welcome guests with restricted mobility, a disability, medical or particular care requirements. We aim to ensure that our services are as accessible as reasonably possible so it is important we are fully informed of any needs, requirements and conditions prior to any booking being concluded. Please call our team who can discuss availability, suitability and any potential reasonable adjustments we can make. A risk assessment might be required prior to confirming a booking or allowing participation in certain leisure activities.

13.2 We will reasonably aim to meet all special requests made. However, if we are unable to do so, that does not mean that we are in breach of this agreement.

13.3 We do accept accredited guide dogs in all areas of our Park. This does mean we can’t guarantee that we’ve never had any dogs in our accommodation.

14. PETS

14.1 Dogs are permitted on the park. Dogs must always be kept on leads when outside of your Holiday Lodge.

14.2 Each dog must be properly supervised and is not dangerous or a threat to anyone.

14.3 We do not accept dogs listed under the Dangerous Dogs Act which includes: Pit Bull Terriers, Dogo Argentino, Fila Brasileiro and Japanese Tosa.

14.4 We do not accept dogs in all of our Holiday Lodges, please contact our team prior to booking to discuss availability. An additional charge of £25 will apply per dog.

14.5 If we, in our sole and reasonable discretion, consider your dog to be dangerous or to be causing a nuisance, harm or threat to anyone, or to be likely to do so, we may ask you to remove it from the Park (without refund or compensation) or have it removed to kennels at your expense. No other pets are permitted.

15. ARRIVAL

You may arrive from 4pm on your arrival date. If your arrival will be delayed beyond 5pm on the start date of your holiday, you must contact the reception. If you fail to do so, you may not be able to get into the accommodation. If you fail to arrive by 12 noon on the day after the start date of your holiday and you do not contact us, we on behalf of the Owner may treat your booking as having been cancelled by you. In this situation, you will not be refunded any money you have paid.

16. WHILST ON PARK

16.1 In order to ensure all of our guests have a pleasant stay, you must agree and adhere to the Covid-19 policy and Terms and Conditions, which will be provided to you before your arrival at the Park.

16.2 Failure to comply with the Covid-19 policy and Terms and Conditions by you or any member of your party may result in you being asked to leave the Park without a refund.

16.3 Smoking (including e-cigarettes and vaping) is not permitted in any buildings (including Holiday Lodges) but is permitted where indicated on certain patios and balconies.

16.4 You must not allow more people than the website states to stay overnight in the accommodation. You cannot arrange for visitors to the accommodation without the advance consent of the Owner. You must not hold events (such as parties, celebrations or meetings) at the accommodation without the advance consent of the Owner. If you do any of these things, the Owner can refuse to hand over the accommodation to you, or can repossess it. If the Owner does this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking. And we or the Owner will not be legally responsible to you as a result of this situation (for example, for any costs or expenses you have to pay due to not being able to stay in the accommodation, such as the cost of finding alternative accommodation). Neither we nor the Owner are under any obligation to find any alternative accommodation for you.

16.5 All guests must not cause disturbances in their hot tubs after 10pm. If you are in the hot tub after 10pm and we receive any complaints of noise and disturbances £100 will be deducted from your security holding deposit.

17. SECURITY AND LOST PROPERTY

We will not accept liability for any accident, loss or damage to your property unless such loss, damage or accident is demonstrably due to our negligence or that of those for whom we are legally responsible.

18. DEPARTURE

You must vacate your accommodation by 10am at the latest on your day of departure.

19. THINGS BEYOND OUR CONTROL

19.1 We cannot take responsibility or pay compensation if we cancel or change your booking in any way because of events beyond our control. Neither can we accept any liability for any injury, loss or damage you suffer because of events beyond our control. Events beyond our control include, but are not limited to: warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including epidemics, pandemics and the ongoing effects of the Covid-19 pandemic) or natural disasters such as floods, earthquakes or weather conditions which pre vent you from travelling to the travel destination and/or make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the Owner’s control.

19.2 In the event of exceptional circumstances, we may need to cancel your booking. If this does occur, we will inform you as soon as is reasonably possible. We will offer to you one of the below options:

19.2.1 a replacement holiday to the same value as the one you had previously booked. However, if your new holiday is more expensive, you will be required to pay any additional cost. Alternatively, if your new holiday is a lower value than the one you had originally booked, we will refund you the difference; or

19.2.2 a full refund, with all money returned to you in the same way you made your original payment.

19.3 In all cases, except from personal injury or death, our liability to you for the total claims arising out of your holiday with us is limited to the cost of your booking less any insurance, cancellation, amendment, or separate charges.

20. DAMAGE OR DESTRUCTION

20.1 We are committed to ensuring we provide a safe environment for all of our guests. In order to continue to provide this, we require the lead guest to provide debit/credit card details, as security, in the event of any damage caused as a condition of entry. You are responsible for all guests staying at the accommodation and the things they do (and do not do) even if you do not stay at the accommodation during the booking period.

20.2 We will therefore hold a security holding deposit of £500 over the lead guest’s payment card for any damages that occur or stolen property throughout the stay. The card will not be debited unless damage to the lodge or our site is found and/or Terms and Conditions are not adhered to. This will include the right to recover any additional cleaning costs relating to damage or theft on the Park.

20.3 We may also go into your Holiday Lodge at a reasonable time (and on reasonable notice) during your stay to check the state of things. Any damage to your Holiday Lodge could result in your booking being cancelled, with no refund. If there is an emergency, we can come into your accommodation without warning.

20.4 If there is any damage, please tell the reception team immediately so we may resolve this.

20.5 You are responsible for and agree to reimburse to the Owner and us all costs incurred by the Owner and/or us as a result of any breakage or damage in or to the accommodation which is caused by you or any members of your party or any other persons invited into the accommodation by you. The Owner and/or we can ask for an extra payment from you to cover any such costs.

20.6 The Owner expects the accommodation to be left in a reasonably clean and tidy state on departure. If, in our or the Owner’s opinion, additional cleaning is required, you will be liable to the Owner for the cost of this cleaning.

20.7 You may need to check and sign an inventory of the accommodation and its contents on arrival at the accommodation. If you discover that anything is missing or damaged on arrival please notify us immediately.

21. COMPLAINTS

21.1 If you should have concerns or queries during your stay, please make us aware as soon as possible. We will endeavour to assist you in any difficulties and resolve any concerns, in order for you to enjoy your holiday.

21.2 If you have any complaint about our booking services, you must let us know immediately in writing and in any event before you travel. Unfortunately, we cannot accept any legal responsibility if you do not let us know what is wrong and allow us an opportunity to respond to you. If we are found to be at fault in relation to any service we provide (as opposed to any Owner for whom we are not responsible), we will not pay more than the commission we have earned for the booking (or the appropriate proportion of this if not everyone on the booking is affected), plus any reasonable expenses you cannot recover from elsewhere.

21.3 We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees whilst acting in their course of their employment, or for any criminal act we may commit. Neither we nor the Owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the accommodation or which is beyond the Owner’s control. If we know about a problem before you arrive, we will contact you to let you know. We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, hot-tub filtration systems, nor for the failure of public utilities such as water, gas and electricity.

21.4 You must tell us as soon as possible if you are dissatisfied. This means on arrival if you are immediately dissatisfied or during your stay as soon as you become dissatisfied. You must provide an immediate opportunity for us to put right anything that is wrong before the end of your stay.

21.5 If you cannot contact us, or if you are unhappy with our response, you must phone our Head Office as soon as possible during your stay on the number shown on your confirmation with full details of your complaint. You should make every reasonable attempt to contact us and must do so during your stay and especially before any decision to cut short your stay.

21.6 Please note that we will not be held responsible for any issues that you were aware of throughout your holiday and did not make us aware of.

21.7 We will not enter into further correspondence on any matter resolved during your holiday and accepted as such by you.

22. OTHER IMPORTANT TERMS

22.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.2 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern

Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

22.3 We must both act reasonably in selecting or agreeing any jurisdiction including any forum for dispute resolution.

22.4 Should any part of our agreement be deemed by law to be void, the remainder of this agreement will, if capable, continue in full force and effect. The headings in this agreement are included for convenience only and shall not affect its interpretation or construction.