October 4, 2013

Eye Sleep Over, Toll Bridge Road, Eyemouth, Berwickshire, TD14 5GN - CALL: 01890 750913

Terms & Conditions

We are delighted that you are considering making a booking with us. Please read the following terms as these will apply to any booking that you make with us.

When you make a booking on our website, you will be asked to click “I accept” and you will not be able to complete your booking if you do not do this. In any case, if you do not agree to be bound by our terms, then please do not continue with your booking.

Please note that words in bold are defined towards the end of these terms in the section titled “Definitions”.

Your booking

  1. You can make your booking online at www.eyesleep.co.uk or by phone on 01890750913
  2. You can only make a booking if you are 18 years old or over.
  3. Your booking will be subject to availability at the time you make it.
  4. Your booking is personal to you and you are responsible for it. When you make your booking, you must not attempt to use any name other than your own.
  5. If you make a booking on someone else’s behalf then you must state the correct name of each customer. You need only state the name of one customer per room but, once stated. You cannot change this name without contacting Eyesleepover prior to checking in. You are responsible for ensuring that any customer in your booking complies with these terms as if that customer had made the booking. You must not resell or transfer any booking (in whole or in part) or attempt to do so. We may treat any attempt by you (or any other person acting on your behalf) to do so as a terminable breach of this contract between us and you and, accordingly, we will have the right to terminate your booking and retain any money you have paid to us in relation to that booking. We may also refuse to take any further bookings from you in the future.
  6. If you book ten or more rooms for the same night we may treat this as a group booking.
  7. You cannot make a booking more than 12 months before your scheduled date of arrival.
  8. Upon arrival we may require identification from the person occupying the room. If this does not match the name on the booking then we reserve the right to refuse entry and immediately cancel the reservation with no refund.

Acceptable forms of ID include:
* Driving License UK
* Passport
* Recognized Student Union Card bearing a photographic picture

In the interest of protecting our customers and as a responsible organization we may request to see the payment card used at the time of making any booking.

1. Rates and payment

  1. The rate for each room you wish to book will be as published on our website (or, if you make your booking by telephone, as otherwise indicated to you) at the time of your booking.
  2. Make the booking on our website
  3. Payment will be taken at the time of booking and is non refundable.
  4. We will provide a VAT invoice to you
  5. The contract between us and you is made under the following steps:
    1. You make a booking on our website (however accessed) or by telephone.
    2. We take your card for payment of your booking.
    3. If you have provided an email address, we will send an acknowledgement of your booking to that email address.
    4. If you have not provided an email address, you may still check your booking details by contacting us on 01890 750913.

2. Extras

  1. The rate excludes any extras unless we expressly agree with you otherwise as part of your booking.
  2. In particular, and subject to availability, car parking will be available from us. You will need to check on the motel information page.

3. Room types

  1. Family rooms are subject to availability. The maximum occupancy for a family room is either:
    1. 2 adults and 2 children (under 16 years of age)
  2. Accessible rooms (any room designed to be occupied by a customer who is a wheelchair user traveling independently and any customer with limited mobility) can be provided subject to availability. Please specify if you require an Easier Access room when booking.
  3. Eye Sleep is a totally non smoking in both bedrooms and public areas.

4. Pets

  1. No pets.

5. Family room occupancy

  1. If a family room is requested during the booking process.
  2. Customers are invited to indicate their preference during the booking process in order for staff to provide the appropriate bedding for the stay.
  3. This is a guideline for staff at the motel but not a guarantee that the room will be set up as requested. Customers are able to request more bedding as required from reception at any point during their stay.

6. Smoking / Damaged Rooms

  1. SMOKING:
    1. All our rooms are designated as non smoking. This means that smoking is strictly prohibited in all our motel rooms and all our public areas. By agreeing to stay in our motels, you agree to refrain from smoking or compromising our fire precaution system in any way during your stay.
    2. If you smoke in our motels you will be breaching the law and you agree to stop any such behavior immediately upon request.
    3. If you are observed of smoking or compromising our fire detection system in any way, you understand that normally you will be asked to leave immediately and without a refund.
    4. In these circumstances, you will be required to pay for specialist cleaning, and to pay for the cost of the room until it is fit for sale as a non smoking environment.
  2. DAMAGE TO ROOM
    1. Any damage to fixtures, fittings, decor, carpets or soft furnishings will be charged to the guest at full retail price.
    2. All instances of soiling of sheets, floors, walls and furniture through the actions of any resident shall be considered as damage, with the costs of replacement or cleaning being charged.
  3. For all instances of damage a minimum charge of £100 will be levied.
  4. We reserve the right to charge this amount from the payment card associated with your reservation. A full breakdown of these charges will be supplied to the address detailed on the reservation within 10 working days.
  5. We may report such behavior to the police as criminal damage and will usually hold your reservation detail within our systems to prevent you from making any further reservations with Eye Sleep.
  6. We also reserve the right to cancel any future bookings already made or made in the future.

7. Check-in / check-out

  1. All customers are able to check-in from 2pm on the scheduled date of arrival unless you have purchased an early check-in as an extra.
  2. Early check-ins can be selected at the time of booking. All customers are required to check-out before 10:30am on scheduled day of departure.
  3. We reserve the right to make an additional charge equivilant to the rate at the time for one night’s stay for the applicable room(s) if a guest is late checking out.

8. Cancellations and amendments

  1. You can make a cancellation or an amendment of your booking by calling 01890 750913 or by sending us an e-mail to info@eyesleep.co.uk and stating your booking reference number.

9. Cancellations

  1. All payments are made at the time of booking amd are non-refundable. In extreme circumstances any cancellations can be rebooked for another date subject to availability.
  2. We reserve the right to cancel any booking made giving fourteen days notice and may refund any money paid.

10. Early departures

  1. Any customer who wishes to leave early from a multi night stay does so at their own discretion and will not be due any refund.

11. Non arrivals

  1. If a customer does not check-in before 11 pm of the first night of their stay > then we will treat this booking as a non arrival. This means that:
    1. Under no circumstances will you be entitled to any kind of refund.
    2. If you arrive at the motel at anytime during the reservation period of your booking then you will be accommodated or out booked (If rooms are not available.
    3. As we have held your booking (Point B) then you will not be entitled to a refund for any nights of non occupation.
    4. All late arrivals should be reported to the motel immediately.

12. Early Departures

  1. If any customer wishes to shorten their stay by leaving early from a multi-night stay, they should advise the motel’s manager. We will not refund any money you have paid (including for any extras) applicable to that room booking for any remaining nights of that booking.

13. Amendments

  1. If you wish to make an amendment:
    1. By increasing the length of stay by adding any additional night(s) to the end of a booking then you may do so subject to availability of rates on a like-for-like basis for the additional night(s) paying for the additional night(s) at the time you make the amendment;
    2. By changing the room type in the original booking then you may only do so if you pay the booking amendment fee as detailed below and subject to availability.

14. Events beyond our reasonable control

  1. You acknowledge that we may not be able to provide one or more rooms and/or all or certain of our products and/or services due to any adverse event which happens which is beyond our reasonable control. As such, we shall not be in breach of these terms, nor liable for any failure to perform any of our obligations in relation to your booking, arising from:
    1. Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
    2. Fire, explosion or accidental damage.
    3. Extreme adverse weather conditions;
    4. Collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
    5. Interruption or failure of utility service, including but not limited to electric power, gas or water; and/or
    6. Any other act, event, omission or accident which is beyond our reasonable control.

15. Group bookings

  1. If you make a group booking, the following terms and conditions also apply to you:
    1. We may make a cancellation to your booking if you do not make any payment when it is due but, before making a cancellation to your booking, we will endeavor to send you an email or contact you by telephone or letter giving you a final chance to pay in full within 24 hours;
    2. We will not refund any money you have paid to us (including any deposit or any extra) if:
      1. We make a cancellation to the booking because you have not made a payment when it is due or are otherwise in breach of these terms; or
      2. You make a cancellation of your group booking or of any an individual room within your group booking; or
      3. You make any amendment to your group booking including in relation to any individual room within your group booking except that you may:
        1. Increase the length of stay by adding any additional night(s) to any group booking (after the dates of the original group booking) at the rate for the room at the time you make the amendment and subject to availability; and/or
        2. Change the scheduled date of arrival for the original group booking by moving the group booking forwards or backwards but keeping the same length of stay and the same hotel by contacting us on 01890 750913 or via email info@eyesleep.co.uk subject to availability and without paying the booking amendment fee; or

16. General terms

  1. No waiver by us shall be construed as a waiver of any right of ours or any succeeding breach of any provision of these terms.
  2. The Contracts (Rights of Third Parties) Act 1999 does not apply to these terms.
  3. These terms are governed by Scottish law, and you and we agree that disputes can only be dealt with in the Scottish Courts. English is the only language offered for the conclusion of the contract. [If you are a habitual resident of any other country then there may be certain national mandatory rules which also apply to you.]

17. Definitions

  1. When used in these terms the words set out below shall have the following meanings:
  2. Amendment means if you make a change to your booking after you have completed it.
  3. Booking means any room reservation you make which is accepted by us.
  4. Cancellation means if you cancel any booking for any reason or if we cancel any booking where we are entitled to so under these terms
  5. Check-in means, for each room, when a customer collects their room key card from the reception (or garage out of hours) on arriving at the Motel.
  6. Check-out means, for each room, when a customer deposits their room key card at reception or the garage on departing the Motel.
  7. Voucher means electronic vouchers issued by us to you in respect of out bookings and customer services.
  8. Flexible means the package advertised as such and with the features and rate(s) set out on the website at the time of your booking
  9. Group booking means any booking by you of ten or more rooms even if the rooms booked are for different motels or the bookings are made at different times
  10. Customer means any person who resides at one of our motels as part of your booking, including you
  11. Multi-night stay means a booking of more than one night
  12. Rate means the published price applicable for a particular Motel room or package and includes VAT, but (unless otherwise stated on the website in relation to the particular Motel or booking) does not include extras.
  13. Room type means single, twin, double, family, disabled
  14. Saver means the package advertised as such and with the features and rate(s) set out on the website at the time of your booking. Note that a “Sale” rate is a special type of Saver rate.
  15. Single-night stay means a booking of only one night
  16. These terms means these terms and conditions together with the terms of use for our website, our privacy policy, any specific terms in relation to a particular package which we may publish on our website for example the relevant rate and/or extra and any other condition in relation to your booking which we may reasonably bring to your attention (for example any motel-specific conditions)
  17. Website means the site located at www.eyesleep.co.uk or any subsequent address(es) which may replace it
  18. We/us/our means Eye Sleep LLP
  19. You/your means the person who makes the booking

18. Our liability

  1. We will not be liable, in contract, tort (including, without limitation, negligence), for pre-contract or other representations or otherwise out of or in connection with these terms for:
    1. Any economic losses (including without limitation loss of revenues, profits, contracts, business, opportunity or anticipated savings); or
    2. Any loss of goodwill or reputation; or
    3. Any special or indirect losses suffered which arises out of or in connection with your booking.
  2. Our total liability for any loss shall not exceed twice the total sums we charge you for the booking.
  3. If you (or any other customer) suffer or are likely to suffer as a result of any breach and/or negligence by us, you must do everything reasonable to keep your (or their) losses to a minimum.
  4. Nothing in these terms shall affect your and/or any other customer’s statutory rights and, in particular, nothing in these terms excludes or limits our liability:
    1. For any death or personal injury caused by our negligence; or
    2. For any matter which it would be illegal for us to exclude or attempt to exclude our liability; or
    3. For any fraud or fraudulent misrepresentation.

19. Your liability

  1. We reserve the right to claim from you for any loss, damage and/or injury sustained by us, our employees, representatives, contractors and/or agents due to any malicious, willful or negligent damage caused by you and/or any other customer.

20. Details of changes to these terms

  1. From time to time we will need to change these terms and to change or replace or introduce new rates and extras. We provide details of any changes made to these terms in the last 12 months below.
  2. We will not make a change to the rate applicable to your booking after you have completed your booking. We do reserve the right to correct any manifest pricing errors on our website from time to time, however.
  3. If you continue with your booking following any change we shall take this to mean that you accept the change. You are responsible for checking whether these terms have been changed.

21. Questions / complaints

  1. If you have any question or complaint in relation to your booking or these terms please contact us via info@eyesleep.co.uk and we will respond to you as quickly as we can.

Eye Sleep Over. LLP, Toll Bridge Road, Eyemouth, Berwickshire, United Kingdom, TD14 5GN. VAT number 902829231.