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Earlsmere Guest House Terms & Conditions 2019

1. Introduction
These are the terms and conditions that apply when you reserve a room at Earlsmere Guest House using one of our digital channels (such as our website, mobile site, or other similar method).  
You will be asked to confirm your acceptance of these terms and conditions when you make a reservation.
We reserve the right to amend these terms and conditions at any time and you should therefore check them each time you make a reservation.  The terms and conditions applying to your reservation will be those in place on the date that you make your reservation.
Additional terms apply to your use of our digital channels whether or not you make a reservation through them. These are published on the relevant digital channel.

2. Reservations
To reserve your room please follow the instructions on the website, mobile site, or app (as applicable).
You must be at least 16 years old to make a reservation.
You will need to provide your credit or debit card details to secure your reservation. Earlsmere Guest House accepts Visa, MasterCard, credit/debit cards to secure a reservation.

A deposit equal to the first night's stay is required. The deposit will be refunded according to the cancellation conditions. Full booking balance is due on the day of arrival.
Please check that the details of your reservation are complete and accurate before you confirm your reservation. We will not be liable for any delay or non-performance if you provide us with incorrect information.
We will confirm our acceptance of your reservation by sending you an email to the email address that you provide during the reservation process. The contract between us for the provision of your room and any additional services added to your reservation will be formed when you receive this email confirmation from us.
If you think that there is a mistake in your reservation, or if you require any changes to a confirmed reservation, please contact us to discuss.  

In the event of a no show, or booking reduction (after arrival date), the full cost of the booking is charged.

3. Group reservations
A reservation of three or more rooms or more is usually considered a group booking within Earlsmere Guest House.
4. Room prices
Earlsmere Guest House adopts dynamic pricing and the price of our rooms fluctuates based on demand.  When you make a reservation request, we'll give you a total price for the rooms and number of nights you've requested. The price you pay is the price quoted to you at the time you make your reservation.
Room prices are per room, per night and are inclusive of VAT at the applicable rate at the time of your reservation.  If the rate of VAT changes between the date of your reservation and the date of your stay, we will adjust the rate of VAT that you pay, unless you have already paid for the reservation in full before the change in the rate of VAT takes effect.
Breakfast and other indicated extras are not included in the room price. Breakfast option is available upon request.
5. Occupancy
The maximum room occupancy is two adults.  Family rooms (where available) can accommodate two adults and one child (under the age of 16). You must not exceed the maximum occupancy for the room allocated to you.
Children under 16 are not permitted to stay in Earlsmere Guest House Inn unless a parent or guardian is also staying in the hotel.
6. Accessibility
We have rooms which may be suitable for customers with disabilities. For more information view our Access Statement.  
7. Special requests
Although Earlsmere Guest House will try to accommodate special requests, all rooms are subject to availability.

8. Meals
Breakfast is not included in the room price. Unless specified.
Under circumstances beyond our control and we cannot provide a cooked breakfast we will inform you as soon as possible.

9. Paying for your room
If you have not paid for your room, and any extras added to your booking, in full at the time you make your reservation, you will need to pay on arrival.
Payment may be made by cash, and the following cards: Visa Debit / Delta, Visa Credit, Maestro / Switch, MasterCard - no charge. The expiry date of your credit/debit card must be later than the end of your stay. We do not accept personal cheques unless booked in advance. The cheque would have to clear our bank account before we accept bookings.

10. Cancellations
You have a right to cancel subject to terms and conditions.
Rooms may be cancelled 7 days before the arrival date. If you cancel your reservation within 7 days of arrival a charge equal to the first night of your stay will be made. A cancellation reference will be given and should be retained as proof of cancellation.
If you decide to shorten your stay you must inform Earlsmere Guest House that you are doing so by 12 noon on the day you wish to check out. Otherwise you will be charged a cancellation charge equivalent to one night’s accommodation per room booked and for any meals and other extras booked for the following day.
The first night of any booking made after 1pm on the day of arrival and the cost of any meals and other extras booked for the following day is non-refundable.
Rooms are made available at a discounted rate, these rooms and any meals or other extras booked with them cannot be cancelled, amended or refunded.
You may wish to take out room cancellation insurance in case you need to cancel your reservation.
You are not entitled to cancel or withdraw from your reservation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you’ve made a group booking, our cancellation terms are as follows:
  • For 3 rooms or fewer, we’ll need full payment 14 days before arrival. This is non-refundable, but you can cancel your booking free of charge if you do so before this time.
  • For 4 rooms or more, we will need a 50% deposit paid 28 days before arrival and the balance 14 days before arrival. These payments are non-refundable, but you can cancel your booking free of charge if you do so before we take a deposit.
Our right to cancel
Your breach
We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:
  • you do not pay us when you are required to do so; or you break the contract between us in any other material way.
If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract.
Events outside our control
We may also cancel your reservation if an event outside of our control (including industrial action, explosion, fire, flooding, and failure of power and/or water supplies or emergency evacuation) means that we are unable to make your room available to you. In this case we will contact you to let you know as soon as possible and:
  • if you have already paid for your room, we will refund your payment to you; or
  • if you have not yet paid for your room, you will not have to make any payment to us.
Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside of our control.
This does not affect your statutory rights.

11. Parking
Earlsmere Guest House is in a restricted parking area. We will provide you with a parking permit during your stay.
We will require a £5 deposit in exchange for a parking permit, the £5 will be returned to you when you return the parking permit to us.
If you do not return the parking permit, the £5 will go towards the cost of the permit.
Please ensure you have cash as charges to your cards will not be accepted for this deposit.
Parking is at your own risk. Earlsmere Guest House is not responsible for theft, loss, or damage to your vehicle. We advise you lock your vehicle and do not leave any possessions in plain view.
12. Complaints/Comments Guarantee
Process for making a claim
Claims/comments must be made within 7 days of the end of the stay to which your claim relates.
To make a claim you should raise your complaint with the team at Earlsmere Guest House who will advise of the process.  If you did not raise your complaint at the hotel or were unable to do so, you must contact us at earlsmerehull@outlook.com or, for reservations which were not made online, by calling us on 01482 341977.   If your room was booked as part of a group booking, the person who made the booking on behalf of the group must make the claim.  If you room was booked through a tour operator, you must make your claim to the tour operator.
You will need to provide details of the dates of your stay, the nights for which you wish to claim a refund and the reason(s).
Refunds will be made to the card you used when you paid for your room and are usually processed within 7 days.  You will be asked to confirm receipt of your refund.
  • Due to circumstances that are beyond our reasonable control as hoteliers such as extreme weather conditions, fire, flood, lightning, earthquake, explosion, terrorism, war, civil disorder, epidemics, embargoes, labour disputes and power cuts.
  • You may not claim if you have breached the terms and conditions applying to your booking for example by causing damage to our, or to other guests’, property or by being abusive to our staff or to other guests during your stay.
  • We reserve the right to reject claims made by individuals who are abusing their social media status by making excessive claims. Threatening to use social media as a means of reporting items without evidence will be considered to be liable and we may also consider taking legal action to protect our good name.

13. Arrival and departure
  • Rooms are available from 11am until 8pm on the arrival date. Please let us know if you are likely to arrive after 8pm as we have the right to cancel your booking unless your late arrival is agreed in advance.

  • Guests will be asked to provide proof of identity and nationality upon check-in.

  • Overseas guests, excluding Republic of Ireland and Commonwealth citizens, will be asked to complete a registration form and provide their identity card / passport details.

  • Acceptable forms of identification are: a passport, driving licence, ID card, or police warrant card.

  • Rooms must be vacated by 10.30am on the day of departure. Failure to leave your room by this time may result in a late check-out charge.

  • The guest will be required to leave the room key at reception upon departure; unless special arrangements have been agreed with Earlsmere Guest House owners.

  • If the guest loses the room key we reserve the right to charge a £30 for a replacement.
14. Check-in & Key Collection
If you are going to be late or early for your check-in. We have a key collection service which is subject to our discretion.
We will make any such arrangement directly with you by telephone only.

15. Earlsmere Guest House expectations of you (and your group)
You must not:
  • Smoke on Earlsmere Guest House premises outside of the designated smoking area, failure to abide by this rule will result in a £100 fine.
  • bring any pets onto Earlsmere Guest House premises, with the exception of assistance dogs.
  • bring any potentially dangerous or hazardous materials or equipment onto Earlsmere Guest House premises.
  • use any electrical appliances that may set off the fire alarm system, such as, but not limited to toasters, mini cookers or portable grills.
  • tamper with any fire alarms or emergency equipment.
  • remove, damage, or destroy any Earlsmere Guest House property.
  • Use any of the technology provided by Earlsmere Guest House to download or access any unlawful or obscene material; or cause unreasonable disturbance to our other guests or any Earlsmere Guest House staff.
  • If you or your group cause damage, or loss, of any kind to Earlsmere Guest House, other guests or their property, you (as the person making the booking) will be responsible for that damage, or loss, and you shall be liable to pay to Earlsmere Guest House on demand the amount required to make good or remedy such damage or loss.
You and the members of your group must not resell or transfer your reservation (or any part of it) nor advertise, market or otherwise offer any Earlsmere Guest House room for sale either on its own or as part of a combined offer. Earlsmere Guest House will not honour any reservations made in this way and does not accept any liability for doing so. If you are a Tour Operator and wish to book rooms at Earlsmere Guest House, you should contact earlsmerehull@outlook.com.
If you or your group cause damage to Earlsmere Guest House, other guests or their property, or otherwise breach any of these terms and conditions.
Earlsmere Guest House reserves the right to:
  • cancel your reservation with immediate effect and (if appropriate) eject you from Earlsmere Guest House premises.
  • retain all sums paid by you and/or charge you the full amount of your reservation; and/or
  • refuse future reservations from you and/or refuse you entry our accommodation.
Earlsmere Guest House will not be liable for any refund or compensation in such circumstances.

16. General
Frequently Asked Questions
If you have any questions about Earlsmere Guest House we prefer to speak directly as we think it is quicker and easier.
Your information
We process information about you that you provide when making a reservation and/or upon check in at our hotels in accordance with our privacy policy and cookie policy.  By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
The contract
This contract formed when we confirm your reservation is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Your rights
If you are a non-business customer you have certain rights under consumer protection legislation. Nothing in these terms and conditions is intended to affect those rights.
Our liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
We do not accept liability for failure to meet any of our obligations where such failure is due to events beyond our reasonable control.
If we breach these terms and conditions for reasons within our control we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.  
We shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, for any indirect or consequential losses including:
  • loss of income, sales or revenue;
  • loss of business;
  • business interruption;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of reputation and/or goodwill; or
  • wasted management or office time.
Where we are liable to you (save as prohibited by applicable law) our maximum liability to you whether in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation unless the Hotel Proprietor's Act 1956 applies, in which case our liability will be limited to the maximum prescribed under that Act.
Applicable law
These terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by and construed in accordance with English law.
If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from, or related to, your reservation and/or stay at Earlsmere Guest House. We retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are making a business reservation, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to your reservation and/or stay at Earlsmere Guest House.
If any part of these terms and conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.
All rights not expressly granted in these terms and conditions are reserved.
17. Contact us
If you require further information or have any questions regarding our website or these terms and conditions, then please email: earlsmerehull@outlook.com, telephone us on 01482 341977, or write to us at:
Earlsmere Guest House
76-78 Sunny Bank
East Yorkshire
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