In these terms and conditions the following definitions apply:
Booking: the booking for Room(s) and / or any other Services from Us, being an order for such.
Event Outside Our Control: is defined in clause 9.2;
Hotel: Damons Motel, which is located at 997 Doddington Road, Lincoln, LN6 3SE
Services: the services that We are providing to you at the Hotel as set out in Booking;
Room(s): the room or rooms provided to you during your stay;
Terms: the terms and conditions set out in this document; and
We / Our / Us: Damon’s Restaurants (UK) Limited, a company registered in England and Wales with Company Number 02069952 and whose registered office is at 997 Doddington Road, Lincoln, Lincolnshire, LN6 3SE.
When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
These are the Terms on which We provide the Room(s) to you and supply Services to you, and on which you make a Booking.
Please ensure that you read these Terms carefully, and check that the details of the Booking complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
These Terms will become binding on you and Us when We contact you that We are able to satisfy the Booking and provide you with the Services, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.
At the time of accepting your advance Booking, or alternatively at check-in, the Hotel will take your debit/credit card details and you hereby authorise the use of this card for any sums that become owing to Us.
No Booking shall be treated as confirmed until the details described in 2.6 have been provided.
In order to guarantee your Booking the Hotel requires your name and contact details, in addition to the details of a valid debit/credit card. Your card will only be charged upon the event of late cancellation (see below at 3.2) or in the event of a no show.
At check-in you can choose to pay with the card used to reserve the room or by cheque or with cash (see below at 4.6).
Any debit or credit card used to reserve your Booking must have an expiry date that is valid after the date of stay.
Cancellations and no show policy
Cancellation of a room reservation may be made before 24 hours before your arrival date. In the event of such a cancellation, no charge will be taken. GROUP BOOKING cancellations will need to be approved by reception by ringing 01522 887722 or charges may occur for cancellation or no show policies.
If a reservation is not cancelled 24 hours before your arrival date a charge for one night’s accommodation per room booked will be levied from the debit/credit card given at Booking. (For Group Bookings, please see above).
Failure to cancel your reservation 24 hours before your arrival date gives the Hotel the right to charge for one night’s accommodation.
If you decide to shorten your stay you must inform us by 12 noon on the day otherwise you will be charged the cost of one night’s accommodation per room booked.
Prices and payment
The price of the room will be set out in Our price list in force at the time or on Our website when We confirm your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with you.
These prices include VAT. However, if the rate of VAT changes between the date of the Booking and the date of your stay, We will adjust the rate of VAT that you pay.
Full payment for your entire stay is chargeable at check-in. If you have made a reservation, then payment for your Booking can be taken from the credit or debit card details provided at the time of reservation.
In the event of a no show our cancellation policy is detailed above at 3.3.
Full payment upon check-in by cheque or cash can be also be accepted. Cheques must be covered by a current bankers guarantee card.
If payment by cash or cheque is taken at check-in, the Hotel reserves the right to take debit/credit card details for use in the event of abuse of the Services We provide.
Rooms are available from 3pm on the arrival date.
Check out is 11am on the day of departure. Failure to vacate your room by this time on the day of departure will result in additional charges up to and including the cost of one night’s accommodation.
We operate a 100% no-smoking policy throughout the Hotel. Any guest(s) found to have been smoking in their Room(s) will be charged a deep cleaning fee of £200.
We reserve the right to levy a cleaning charge of £30 to guests, if a room is considered to be left in an unreasonable condition upon checkout.
When you book a room at the Hotel it is sold on the basis that it has been sold to you for your own personal use. The Hotel reserves the right to terminate your stay if, in Our reasonable opinion, the room is not being used in an appropriate manner by the appropriate people. The Hotel reserves the right to take payment for any subsequent nights’ stays which are thereby forfeited.
When you book with Us you accept responsibility for any damage or loss caused by you or any member of your party. The Hotel reserves the right, and you hereby authorise us, to charge your debit/credit card for any damage incurred to your room or the Hotel during your stay (including without limitation specialist cleaning) or any items that are missing when you leave.
If there is a problem with your room
In the unlikely event that there is any problem with your room:
- please contact Us and tell Us as soon as reasonably possible;
- please give Us a reasonable opportunity to repair or fix any problem; and
- We will use every effort to repair or fix the problem as soon as reasonably practicable or move you to another room.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Our liability to you
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform any of Our obligations under these Terms that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
You may cancel the Booking if an Event Outside Our Control takes place and you no longer wish to stay with Us.
Our rights to cancel
We may have to cancel your Booking before the start date for the Booking, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
Information about us and how to contact us
We are a company registered in England and Wales. Our company registration number is 02069952 and Our registered office is at 997 Doddington Road, Lincoln, Lincolnshire, LN6 3SE. Our registered VAT number is 555556614.
If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01522 887733 or by e-mailing Us at firstname.lastname@example.org
If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Damon’s Restaurants (UK) Limited at 997 Doddington Road, Lincoln, Lincolnshire, LN6 3SE. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
How we may use your personal information
- We will use the personal information you provide to Us to:
- fulfil the Booking and provide Services;
- process your payment for the Booking; and
- inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
We will not give your personal data to any other third party.
Other important terms
We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
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.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Hot Tub Disclaimer
READ AND FOLLOW ALL INSTRUCTIONS
GENERAL USAGE GUIDANCE
- THE ONLY GUESTS ALLOWED TO USE THE SPA ARE THE KENNEDY OR REAGAN SUITE OCCUPANTS. THE SPA IS ONLY DESIGNED FOR A MAXIMUM OF 2 PEOPLE TO USE AT ANY ONE TIME. A NON- COMPLIANCE TO THE ABOVE COULD RESULT IN EVICTION AND/OR CHARGE.
- If you remove the back cover you must return it when the spa is not in use.
- You must not smoke while using the spa. If damage is caused as a result of smoking there will be a charge of £300.
- You must not wear any loose articles of clothing or hanging jewellery when in the hot tub as they could damage the rotating jets. If jets are damaged there will be a charge of £400.
- You must shower before use. If you use any perfumes, hair products or fake tan this can contaminate the water resulting in the spa needing to be drained, cleaned and re-filled. There will be a charge of £200.
- Please refrain from the use of glassware or crockery in the spa. If glassware or crockery is broken this will result in the spa being drained, cleaned and re-filled at a charge of £200.
- Please inform the receptionist if there are any issues with your spa. These can then be rectified immediately. Should you raise these concerns at a later date we are unable to address that problem.
- The Motel Receptionist will show you how to use the spa. Please at this time alert them to any visible problems, ensuring you are totally satisfied with everything before they leave the room.
DANGER – Risk of Electrical Shock
You are not permitted to use any electrical appliance such as lights, mobile phones, radios, ipads, ipods or cameras within 5 feet (1.5m) of the spa.
WARNING – To reduce the risk of injury
- The water in a spa should never exceed 40ºC (104ºF). Water temperatures between 38ºC (100ºF) and 40ºC are considered safe for a healthy adult.
- Since excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy, if you are pregnant or possibly pregnant you should limit your spa water temperatures to 38ºC (100ºF).
- Before entering a spa you should always measure the water temperature regulating devices varies.
- You must not drink alcohol, take drugs, or medication before or during spa use as this may lead to unconsciousness with the possibility of drowning.
- Persons with a history of heart disease, low or high blood pressure, circulatory system problems or diabetes should consult a physician before using a spa.
- If you are using medication you should consult a physician before using a spa since some medication may induce drowsiness while other medication may affect heart rate, blood pressure and circulation.
- Please take care when entering and leaving the hot tub as the floor may be wet and slippery.
To avoid accidents and to reduce the risk of injury, please use the slippers provided in the wardrobe and also the rubber-backed non-slip mats provided for the shower, bath and hot tub. Please be mindful when entering the hot tub area from the bathroom. Take extra care to avoid injury due to the raised threshold on the floor.
- Please note the hot tub rooms are booked for a maximum 2 guests. No guests under 16 year olds are allowed to stay in the hot tub rooms even with parental guidance.
Damon’s Restaurants (UK) Limited shall not be liable and disclaim all responsibility for personal injury or damage to property caused by residents failing to follow the above rules. However, nothing in this disclaimer excludes or limits our liability for death or personal injury arising from our negligence, or any other liability that cannot be excluded or limited by English Law. We reserve the right to charge residents for any damage caused to the Motel facilities caused by failing to follow the above rules, and such charges shall be added to resident’s bills upon check out.