Part I

Your booking

Access Statement

1. We aim to provide the very best service to all our guests. Please discuss your requirements with us. We will do our very best to help. Our full Access Statement is available on our website (www.freshwaterbeach.co.uk). If you need these Terms and Conditions and our Booking Form in a different format, please ask us. 

Park owner (referred to as “we/us/our”)

Who may stay with us

1. The person who completes the Booking Form, or who makes the booking with us by other means, is responsible for the booking and must be 21 years of age or older.

1. Only the people named on the Booking Form, or when the booking is made by another means, may stay with us.

1. Your booking is personal to you and you cannot assign or transfer it to any other person. 

1. Freshwater accepts families and couples only. We do not accept all male/female groups (i.e. stag or hen parties) or unaccompanied teenagers. If you request a booking for more than two people, we may ask you to provide evidence to our reasonable satisfaction that you are all couples or all members of the same family.

1. If you request a booking for more than one Pitch, then we may contact you before deciding whether to accept the booking to help us decide whether we are able to provide the holiday experience you are looking for.
   
   
2. You must tell us if your booking request is connected to any other booking, for example because you know the other party or you share a common purpose in visiting the Park. If you do not tell us about a connection, we may cancel your booking immediately and (if your stay with us has started) require you to leave the park. You will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges. 

How to book

1. Bookings can be requested in the following ways: 

1. You may use the online Booking Form at www.freshwaterbeach.co.uk 

1. By telephone on 01308 897317

1. by email on [email protected] 

1. You must tell us your full requirements, for example if you are bringing any vehicles, tents or other structures. We need this information when deciding whether we are able to accept your booking and we may not be able to accommodate changes. Where we are able to do so, there may be an additional charge.
   
   
2. Gazebos/event shelters and similar are allowed up to a maximum of three metres square where space permits. 

1. A contract exists when we have issued our confirmation to you.

1. Please check our confirmation carefully to see that it reflects your wishes. Please let us know of any difference within seven days, unless your holiday is to start within 14 days in which case you should inform us within 24 hours. 

1. We will not accept any responsibility for errors arising from telephone requests not confirmed in writing. 

1. We reserve the right to refuse any booking.

The price you pay

1. Our prices include VAT.

1. The price will not be subject to any change unless the rate of VAT changes. 

1. When you request your booking, you must pay a deposit of £20 per pitch for each touring pitch (touring caravan, camper-van & tent) or £100 for the hire of each Static caravan booked for your holiday or (if you are requesting to book 42 days (6 weeks) or less before the start date) the full price.

1. Unless you paid in full when requesting your booking, the balance of the price of your holiday must be paid at least 42 days (6 weeks) before the start date. We are not required to send you a reminder. If the balance is not paid in time, then we may cancel the holiday and retain your deposit as our cancellation charge. We will confirm the cancellation to you in writing by email. 

1. Please make sure that you book all the dates you need. We are not able to guarantee that we will be able to extend your booking. 

Arrivals and departures

1. Accommodation Keys (where applicable) will be available after 3pm on the first day of your booking. If arriving after 5pm please notify Reception on 01308 897317 to arrange key collection. You may not arrive after 10pm. For bookings of more than one night, the earliest you may then arrive on the next day is 9am.

1. If you are staying in a Holiday Home, the period of your stay is from 3pm on the day of arrival until 10am on the day of departure. For Touring Pitches the period of your stay is from 12 noon on the day of arrival until 10am on the day of departure. An additional charge may be made for a late departure.

1. A Holiday Pass will be provided on arrival to each person in your party. Please ensure you (and every member of your party) keep the Holiday Pass with you at all times. The Holiday Pass is valid until 10am on the day of your departure. In the event a Holiday Pass is lost or stolen  we will supply a replacement at a cost of £5 per unexpired week or part of a week, per replacement pass.

1. If we have not heard from you within 24 hours of your expected arrival, we may release your booking. You will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges. 

1. We will try to allocate you the accommodation or pitch location of your choice on the Park, but bookings are not conditional on this. 

1. Your pitch location on the Park and directions to it will be confirmed on arrival. If you are in any doubt, please check with us. Any guest staying in the wrong location will be required to move.

Changes caused by exceptional circumstances 

1. We may make reasonable changes to our Services. Our changes may reflect changes in relevant laws, guidance and regulatory requirements or implement minor technical adjustments and improvements, for example to address a health and safety risk. 

1. If we make changes which mean we can only provide your holiday in a radically different way, we will give you the choice between confirming your booking, agreeing new booking dates with us or cancelling. We prefer that you postpone rather than cancel but will always allow you to cancel where the law gives you the right to do so.

1. If the law prevents us from performing our obligations under these Terms & Conditions at all, for any reason which is not the responsibility of either party, we may ask you to postpone but will allow you to cancel if you prefer to do so. For these purposes, reasons which are your responsibility include any arising from your personal circumstances. Examples are ill health (except if the law prevents you from visiting or staying with us in consequence, for example because you are legally required to self-isolate) and any restrictions arising from your chosen career. 

1. If you decide to cancel where clause 26 or clause 27 applies and your holiday has not started, then we will refund your booking including any deposit. If your holiday has started, then we will refund any days unused. We will not charge an administration fee, and we will only deduct any costs we have already incurred which we cannot recover elsewhere (‘Direct Costs’). We will not be liable to make any other payment to you.

1. We may also cancel your holiday, or any unused days, if Government guidance means that you should not visit or stay with us, even if the law still allows you to do so. If we cancel and your holiday has not started, then we will refund your booking in full including any deposit. If your holiday has started, then we will refund in full any days unused when we cancel. We will not charge an administration fee and we will not deduct any Direct Costs.

1. There will be no compensation for loss of power of any kind due to circumstances which arise beyond our control unless such circumstances continue for more than 6 hours in a day, then compensation of £5 for each day will be paid.

Other cancellations 

1. We prefer that customers who are unable to take their holiday agree to postpone to a mutually convenient date. However, you may cancel your holiday at any time. Cancellation will be effective on the date it is received by us. 

1. If you cancel under clause 31, cancellation charges are payable as follows unless you are doing so because we are in serious breach of our obligations in these Terms and Conditions.  If your deposit is greater than the percentage amount, then the charge is increased to the deposit amount. 

1. You are not entitled to any refund if you or any of your guests leave before the end of your holiday, unless clause 26 or clause 27 applies or if we are in serious breach of our obligations in these Terms and Conditions. If we are in serious breach of our obligations, we will refund you for the days of the holiday which have not been taken. 

1. We may also cancel your holiday if you breach any of these Terms and Conditions. Clauses 55-57 give further details.

1. We recommend that you consider appropriate holiday insurance which covers any cancellation charges and any additional losses which you may incur through cancellation of your holiday, whether by you or by us. We are only responsible for any additional losses if you were entitled to cancel because we were in serious breach of our obligations to you and the losses were both directly caused by our breach and reasonably foreseeable by us when the booking was made.

Authorised means of payment

1. You may pay us in any of the following ways:

1. By credit card payment in person at the Park office or by phone on 01308 897317. We accept all major credit cards except for AMEX & MONZO.
   
   
2. By debit card payment in person at the Park office or by phone on 01308 897317

1. By logging on to our guest portal at www.freshwaterbeach.co.uk quoting your booking reference number, or your email address and arrival date.

Complaints

1. We are confident you will be happy with our service. If you have any complaint, we encourage you to discuss it with us as soon as possible as this gives us the best chance of resolving it with you. If you remain unhappy, please contact us again within 28 days of your departure and we will try to help.

Please refer to:

1. Claims may be reduced or rejected if we have not been given the opportunity to put matters right or investigate your concerns.

Personal data

1. We hold any information which you have provided to us in connection with your booking on our computer system. This information is used in accordance with the Data Protection legislation. By providing this information to us, you, and everyone else in your party whose information is provided to us by you, is deemed to accept our usage of the information relating to them. Please ensure that the other members of your party agree to this. Any personal data you give to us will be processed in accordance with the law and our privacy policy.

Our promises to you

1. We will allow you to stay with us for the duration of your booking for holiday and recreational purposes, provided you comply with your obligations in these Terms and Conditions and except where exceptional circumstances prevent us from doing so.  

1. We will provide, maintain and keep in good state of repair the Services, except where these have to be interrupted temporarily for the purposes of repair or development or for other reasons caused by exceptional circumstances outside our control.

1. We will insure the Park against usual third-party risks to a minimum of £5,000,000 per claim.

Your promises to us

You agree that you will:

1. Keep to these Terms and Conditions and the Park Rules.
   
   
2. Stay with us only for holiday and recreational purposes.
   
   
3. Pay promptly for your holiday and other charges due to us.
   
   
4. Not cause any damage during your holiday.
   
   
5. Not make any alteration to any accommodation or Pitch.
   
   
6. Permit us to move you to another location on the Park if necessary. We will ensure that any alternative location will be of similar quality and be responsible for all reasonable cost incurred. 

Behaviour standards

These standards will apply from when you request your booking until your holiday ends. Unless stated otherwise, they apply whether or not you are on the Park at the time. 

You agree to, and you must make sure that you, your party and any visitors (including, in each case, their children), keep to the following standards of behaviour:

1. To act in a courteous and considerate manner towards us, our staff and anyone visiting, using or working on the Park including other customers.

1. To supervise children so that they are not a nuisance or danger to themselves or other people using the Park.

1. Not to:

1. Commit any criminal offence (whether or not on the Park or in its vicinity) which causes your name to be entered on the Violent and Sex Offender Register or causes you to be subject to a Risk of Sexual Harm Order or Child Abduction Warning Notice (or any register, order or notice succeeding these);

1. Use the Park in connection with any criminal activity or commit any other criminal offence (i.e. any offence not already subject to clause 47.1) at the Park or in its vicinity;

1.       Commit any acts of vandalism or nuisance on the Park;

1. Use fireworks, Chinese lanterns or any similar open flame heat source on the Park;

1.       Keep or carry any firearm or any other weapon on the Park;

1.       Keep or use any unlawful drugs on the Park;

1. Create undue noise or disturbance or commit antisocial behaviour on the Park;

1.       Carry on any trade or business at the Park;

1. Permit anyone who is to your knowledge on the Violent and Sex Offender Register or subject to a Risk of Sexual Harm Order or a Child Abduction Warning Notice (or any register, order or notice succeeding these) to use or visit the Park.
   
   
2. Bring onto the park any dogs subject to the Dangerous Dogs Act 1991 (Namely Pit Bull Terrier, Japanese Tosa, Dogo Argentino & Fila Brasileiro);

1. You agree that if you or any of your family members or visitors or guests whom you have invited to the Park break the behaviour standards listed above then we may terminate your booking.

Cancelling the booking because you are in breach of these Terms and Conditions

1. We may cancel your holiday if you are in serious breach of your obligations in these Terms and Conditions and the breach is not capable of being remedied or is such that it causes a breakdown in the relationship between you and us (for example violence or intentional damage to property) by serving upon you reasonable notice in writing to cancel your booking. In deciding what period of notice is reasonable, we shall have due regard to the nature of the breach and other relevant circumstances. In appropriate cases, this may mean requiring you to leave the Park immediately.

1. If you are in breach of any of your obligations under these Terms and Conditions which is capable of being remedied (for example, a failure to comply with the behaviour standards in clauses 49-52 which has not caused a breakdown in the relationship between you and us) we may write giving you warning, specifying the breach and asking you to remedy the breach within a reasonable and specified time. If you do not comply with that warning and the breach is either serious and/or amounts to persistent breaches of obligation, which taken individually would be minor but which taken together cause a breakdown in the relationship between you and us, we are entitled to write to you to cancel your booking. In appropriate cases, the warning we give you may be very short and we may then require you to leave the Park immediately. 

1. If we cancel your booking under clauses 53 or 54 you will only be entitled to a refund if a third party takes up your booking. In that event we will refund you up to the money we receive for the rebooking less our reasonable administration charges.

Changing the Park Rules 

1. It may be necessary or desirable to change the Park Rules from time to time, including for reasons of health and safety, the efficient running of the Park, environmental issues, local authority requirements, and/or changes in law or regulations or in the interpretation of law and regulations imposed upon us, in which case we will notify you in writing using your contact details at the address on the Booking Form. 

1. Any changes made to the Park Rules after we accept your booking may affect you because you will be required to comply with the changed Park Rules, but will not affect anything else to which you are entitled under these booking Terms and Conditions.

Keys

1. We hold a key to all the accommodation we own on the Park. 

1. If you are staying in our accommodation, we may use the key for any purpose authorised by you, for example if you ask us to give access to an authorised visitor. We may require you to confirm your authority in writing.

1. We may also use the key in an emergency, such as an immediate concern for the health and safety of any person, to carry out urgent repairs or preventative work, or to check and secure the accommodation if it appears to be insecure.

1. We will take reasonable care when accessing any accommodation. 

Communications

1. We agree that any letters or other communications between us shall be sent using the details for us in these Terms and Conditions and for you on the Booking Form. Email may be used.

Interpretation

1. “Park Rules” means the rules of conduct and practice issued by us from time to time and applicable to the Park. The Park Rules which currently apply to your booking are in Part II of these Terms and Conditions. 

1. “Pitch” does not include any part of the Park except that on which the accommodation in which you are staying stands.

1. “Services” means the services which we have promised to make available without a separate charge to you, for example any utilities to your Pitch. Services for which we make a separate charge are provided under separate agreements and not these Terms and Conditions. 

1. “Site Licence” means the caravan Site Licence applicable to the Park issued to us by the local authority under Section 3 of the Caravan Sites and Control of Development Act 1960 (or in the case of Northern Ireland under Section 3 of the Caravans (Northern Ireland) Act 1963) and other relevant statutes.

1. “You/your” means the person making the booking and all members of their party excluding children under 18. Where there is more than one person, each is fully responsible for the obligations in these Terms and Conditions.

1. References to taxes and laws are references to them as extended, amended or replaced from time to time.

Part II

Our Park Rules

Introduction

These Park Rules are in place for the good management of Freshwater Beach Holiday Park and the benefit of all who use it. These rules form part of the contract between us for your holiday. They should be read alongside your booking Terms and Conditions. 

The Park Rules do not affect anything to which you are entitled under the booking Terms and Conditions.

The expression ‘you’/‘your’ refers to all members of your party. 

You must make sure that anyone using the park is aware of the Park Rules. 

You are reminded that we may cancel your holiday if you are in serious breach of your obligations, including in these Park Rules. 

Safety

1. You must use the park safely and should not cause danger to others.

1. You must obey all health and safety notices displayed on the park and act on the reasonable instructions of park staff in matters of health and safety.

1. Caution is advised when using the beach at Freshwater as the sea shelves steeply and at any state of the tide there may be strong currents and undertow. Children in particular should be closely supervised at all times. 

1. Stay away from the bottom of cliffs even at low tide. The cliffs are extremely unstable and rockfalls regularly occur without warning. 

General 

1. Passes should be carried at all times and will be required for entry in the pool areas and entertainment complex.

1. It is illegal to smoke or use e-cigarettes inside enclosed public buildings. Outdoor smoking areas are provided. You must also refrain from smoking or using e-cigarettes in any of our holiday accommodation. 

1. For any lost property, please contact the Park Reception as soon as possible as any lost property will be disposed of after one month. 

1. Wi-Fi is available and is free of charge but the service is restricted due to our rural location and may not be the same as you are used to at home. 

1. We regularly take photographs and videos for promotional purposes and we occasionally receive requests from third parties to film on the park. Should you not wish to appear in any material, please make the photographer/videographer aware. 

1. Where others may reasonably expect privacy, you must obtain their agreement before taking a photograph in which they are identifiable. Examples are when they are in accommodation, on a pitch or in our swimming pool areas. 

Children

1. Children must be supervised whilst on the park and are the responsibility of their parent or guardian during their stay.

1. Unaccompanied children will not be allowed into the entertainment complex. 

1. All children under 12 years of age must be accompanied by an adult in the swimming pools. 

1. Lost children must be reported to reception for a coordinated search to commence. 

Vehicles

1. You must insure, tax & MOT all vehicles that you use on park as for use on the public road. 

1. You must insure all accessories and items towed by vehicles as for use on the public road. 

1. Motor vehicle repairs must not be carried out at the park, but a recognised breakdown service may attend in the event of a breakdown. 

1. Quad bikes, trials bikes, powered scooters, hover-boards or segways are not permitted on the park. Electric bikes are permitted as long as they are peddled and not driven by the electric power unit. 

1. Driving on the park is restricted to the park roads and there is to be no vehicle movement after 11:00 PM. 

1. You must hold a full current driving licence to drive any vehicle on the park. 

1. There is a speed limit on all park roads of 10 mph which must be adhered to, with the exception of the reception area and car park, where the speed limit is 5 mph. 

1. Electric cars cannot be charged at the park by any means, including the use of an electricity supply or hook-up. 

1. Parking permits must be displayed at all times whilst on the park. 

1. Other than for delivering goods and services, you must not park or allow parking of commercial vehicles of any sort on the park. 

Behaviour

1. Abusive behaviour towards Freshwater staff or any other guests will not be tolerated and will result in immediate termination of your booking. 

1. You should respect the privacy of other users of the park and keep noise to an absolute minimum between the hours of 11:30 PM and 07:00 AM. 

1. BBQs and open flames are permitted for the purposes of cooking food only, must be self-contained and must use either charcoal, gas or a liquid fuel source. 

1. Karaoke, PA and professional sound systems are not permitted on the park and any sound system must be used in a way so as not to cause a nuisance or disturb others. 

1. You may not use a drone, powered model aircraft or any other powered flying object on the park. 

1. You may not use any Chinese lanterns, fireworks or similar. 

1. Freshwater does not permit ball games on or near the touring pitches or around the static caravans. Please use the playing fields. 

1. You must not use the park’s water supply to fill paddling pools. 

Pets

1. Any pet or animal you bring must be supervised by and under the control of you, or of a responsible adult in your party at all times. This means you may not leave any pet or animal unsupervised in a caravan, tent or other holiday accommodation or anywhere else on the park at any time, apart from small pets which live in a cage, aquarium or similar and which may be left safely for short periods. 

1. Dogs are welcome but must be kept on a lead and under control at all times whilst on the park. 

1. A maximum of three dogs are permitted per touring pitch. 

1. Dogs are not allowed in the Shop or Swimming Pool areas and are only allowed in designated areas of the Entertainment Complex and Rolling Stone Bar & Terrace.
   
   
2. You must clean up if your animal defecates on the park.

1. Nothing in these Park Rules prevents you or any member of your party from bringing an assistance dog to the Park, or from using the dog exactly as at home, if this is required to support a disability and Assistance Dogs UK or any successor body has issued an Identification Book or other appropriate evidence.