Terms and conditions of booking with us
The following terms and conditions apply to all direct holiday and short break bookings made both online & via our call centre.
1. The company
The Bay Colwell is the trading name of Southern Parks Limited. The Bay Filey is the trading name of Essential Vivendi Limited. When you book your holiday with The Bay Colwell, your contract will be with Southern Parks Limited or for The Bay Filey it will be with Essential Vivendi Limited, however we refer to ourselves as ‘The Bay’.
2. The agreement you make when booking your holiday
When you book a holiday or short break with us there will be a contract between yourself and The Bay. The person making the booking accepts the contract on behalf of all members of your party and is responsible for making sure they adhere to our booking terms and conditions. Please note that we are unable to accept bookings from anyone under the age of 18 years. Large group bookings must be made over the phone.
3. Deposits and paying the balance of your holiday
When making your booking we require you to pay a deposit of at least £50 (this value may be higher at selected resorts) with the remaining balance of your holiday due for payment 8 weeks before your arrival date. Please note that when making last minute bookings for arrivals within 8 weeks, you will be required to pay the balance of your holiday in full at the time of booking. Your balance is due and payable by the date printed on your invoice (8 weeks before your holiday start date). Please be aware that if the deposit and/or balance are not paid on time we may cancel your booking. At present there is no charge for Credit or Debit Cards.
4. Alterations to your holiday booking
Your booking shall be in accordance with the details confirmed at the time of booking. Your booking shall be non-transferable and non-alterable. If you wish us to make an alteration to your booking we will use reasonable endeavours to accommodate your request but no guarantee can be given. An administration fee of £25 will be charged for making any alteration to your booking and increased rates may apply for altered accommodation and/or timings. Once the contract is made it can not be transferred to anyone else or changed (including the members of your party) without our agreement. If you would like to make small changes, such as the type of accommodation, we will of course try to help.
5. Cancelling your holiday booking
Should you need to cancel your booking you must advise us by telephone and then confirm this cancellation in writing to us by post, fax, or email quoting your booking reference number. Your cancellation will only be as effective as at the date we receive your written confirmation. Our cancellation charges are those detailed below unless you have taken out our "Cancellation Protection Plan".
|Period Before Arrival Date||Cancellation charges as a % total cost|
|More than 30 days||Loss of deposit|
|30 - 22 days||50%+|
|21 - 15 days||60%+|
|14 - 8 days||80%+|
|7 Days or less||100%|
To help protect against unforeseen circumstances please contact our customer service team on 03333 700500 for details of our ‘Cancellation Plan’ which is there to help protect you against circumstances such as illness, bereavement and redundancy. Alternatively, we strongly advise that you take out holiday insurance to protect against any potential loss of your deposit in the event you need to cancel your booking.
If you need to cut short your holiday after it has commenced, we regret that we are unable to refund any monies paid.
6. Paying for your holiday
Once you have booked your holiday, you will be required to pay the balance in full, 8 weeks before your holiday start date. Your holiday is confirmed when either a deposit or the full balance is paid, you will then receive your email or postal confirmation. If payment is not made by this date then we will assume that your holiday has been cancelled and we may re-sell the holiday to another customer. Late bookings (bookings made less than 8 weeks before your holiday start date), short breaks and some special offers may require customers to pay the full balance of the holiday at the time of booking.
7. Special offers and promotions
Please ensure that you mention any special offers when you make your booking. We are sorry we can not add them after any payment has been taken. Please note that special offers are entirely subject to availability and may be withdrawn at any time. Special offers cannot be combined with any other discounts or promotions and are limited to one special offer per booking.
All prices in our published tariff and those published on our website include VAT at the current rate. If the VAT rate increases all prices will change to reflect the increase. The holiday price paid at the time of booking will be the final price you pay and will not change, unless you make a change to your booking. Please note that we reserve the right to change our pricing/tariff at any time however this will not, under any circumstances, affect bookings already confirmed. Certain accommodation units are sublet on behalf of the owners who are not registered for VAT. In this case the total cost of your holiday is not subject to VAT, but a further handling fee is charged, so the price for the holiday will remain the same.
9. Who’s in your party?
It is important that you confirm who will be joining you for your holiday or short break. Only those people listed on your booking confirmation can occupy your holiday accommodation. Please ensure that all children and babies are counted within your party totals. The total number of guests must not exceed the maximum capacity of the accommodation as advertised in our brochure or on our website. Large “all male” or “all female” group occupants and/or stag and hen parties will be subject to a further 20% deposit and may be refused on the discretion of the management team. Failure to inform us (The Bay) of large same-sex parties at the time of booking could result in a refusal to enter the accommodation and/or cancellation of the booking.
10. Arrival and departure times
Your accommodation will be available for you from 4PM (Colwell) or 5PM (Filey) on your arrival day. If you think you may arrive after 19:00hrs on your arrival day you must let us know in advance and we will discuss options with you. If you do not inform us and your accommodation is not occupied by 10:00hrs the day following your booking start date, we shall treat your booking as cancelled and re-let the accommodation. Please kindly vacate your accommodation by no later than 10:00hrs on your departure date.
11. Special requests
Please note that we will do our best to meet any special requests. However, we are unable to guarantee any special requests. Special requests do not form part of the booking contract and are not a condition of booking. No compensation will be offered should we (The Bay) be unable to fulfil any ‘special requests’ made at time of booking.
All children must be properly supervised by parents or guardians at all times throughout your holiday. We are happy to provide some facilities at some of our parks, however, nothing provided in terms of entertainment or activities are to be used as childcare facilities and children remain the responsibility of their parents or guardians at all times. Please make sure you always know where your children are. You should take particular care and supervise all children around our swimming pool and all public areas.
13. Guests with specific needs
Guests with disabilities are welcome at all our parks. Many of our parks offer specific accommodation suitable for guests with mobility difficulties, however certain accommodation and locations may not be suitable. If your party includes someone with any specific needs, you should tell us about this before you make a booking. We can try to ensure both the accommodation and park are entirely suitable for you and your party. If you do not inform our staff upon booking, we can not be held responsible if the accommodation or park is not suitable. Guests using hypodermic needles e.g. diabetics, must ensure they are able to safely dispose of their equipment. Please contact our bookings team on 03333 700500 and we will assist wherever possible.
14. Allergies and smoking
If any member of your party suffers from an allergy we would strongly recommend that you do not book accommodation before making us aware. We have allocated pet (dog) units, so that we can track where pets have been for people who have an allergy to them. If you have any specific dietary requirements or allergies then please speak with our bar and restaurant teams prior to making any food and beverage purchases. All of our accommodation is strictly non-smoking, please respect this request for the comfort of other guests.
Most dog breeds are welcome at our parks and in specific holiday homes with a maximum of two dogs per unit of accommodation. Some breeds of dog including those listed in the Dangerous Dog Act are not allowed. You must give us details when you book to obtain our agreement to bring a dog onto our parks. At The Bay Colwell there is a charge of £25 per short break (3 to 4 days) per dog or £40 for longer stays. At The Bay Filey there is a charge of £40 per short break (3 to 4 days) per dog or £60 for longer stays. Guide/assistance dogs assisting visually impaired guests are exempt from these charges. Pets must be kept on a lead under the control of a responsible adult at all times and wear a collar with an identity tag. You must clean up after your pet. Pets (other than assistance dogs) are not allowed into indoor facilities or play areas at any of our parks. Dogs should not be left unattended in holiday homes, in vehicles or elsewhere on the park and must not be allowed on bedding or seating. If we think your pet is causing a nuisance, damage or is distressed whilst on one of our parks, you will be required to remove your pet from the park. Please be considerate of other guests at all times.
16. Use of your holiday home
At the end of your holiday please leave everything in a clean and tidy condition. You are responsible for any damage to your holiday home during your stay. The park management team reserve the right to enter your accommodation under special circumstances e.g. emergencies. Please note, cots and high-chairs can be provided for use during your stay for a minimal charge, and must be requested at time of booking and are subject to availability. Please ensure that you bring your own cot linen.
17. Your personal possessions
Please note that you are responsible for your personal possessions on park or in your holiday home and we are unable to accept any liability for any loss or damage of your personal belongings during your stay.
18. Bed linen
We provide all bed linen for guests to use during their stay with us, with the exception of cot linen which you should bring with you. Towels can be hired for use during your stay on selected parks and are subject to availability. Please leave all used linen and towels in your accommodation upon check out.
19. Use of facilities, activities and entertainment.
Please note that some of our facilities and on park activities may have age and/or height restrictions. Children and young adults under the age of 12 must be supervised by an adult in and around our swimming pools. We may operate session swims in our pools during periods of high demand. Very occasionally we may need to close or withdraw certain facilities or activities here on park for reasons beyond our control, including but not limited to, health and safety reasons, maintenance or renovation work, extreme weather conditions, changes to government legislation. We reserve the right to make alterations based on the above circumstances without prior notice, and we will not be held liable or be subject to any form of compensation should this situation arise.
20. Entertainment / activities
Please note that our entertainment/activities schedule is seasonal and may be subject to change. We reserve the right to alter or withdraw our entertainment / activities programme with little or no notice. Under these circumstances we will not be liable to you for any form of compensation; however every effort will be made to try to ensure that this does not happen.
21. The holiday park
Most of our parks are in country or coastal locations and as such we try to preserve the rural character of the area. Therefore the park may have areas of uneven ground, unmade tracks/ paths/ roads and limited lighting. We ask you to take special care to avoid accidents. Some parks may also have lakes, ponds, rivers and other features. These will be shown in your ‘Welcome Pack’ and you should ensure that you familiarise yourself with the park, its features and supervise children appropriately at all times. Take note of all safety notices throughout the park.
22. Your car
We would ask that you comply with all park speed limits, designated parking areas and other traffic regulations on park. Vehicles are brought onto our holiday parks at your own risk and we will not be held responsible for any loss or damage except where it is caused by our negligence. Communal car parking bays are for all guests, contractors and company staff and are available on a first come first serve basis only.
23. Behaviour on park
Our parks are primarily used by families and we respectfully ask that the behaviour of yourself and your party reflects this fact. Noisy, offensive or inappropriate behaviour, or actions likely to cause harm or offence to any other guest, member of our staff or anyone’s property at the holiday parks will not be tolerated. We reserve the right to refuse entry to and/or eject any person who, in the reasonable opinion of the management team of the park, does not comply with these standards of behaviour. No refunds will be issued in these circumstances. If, in the reasonable opinion of the management of the park, we believe that you or any member of your party (Adult or Child) may not comply with the above terms, we reserve the right to refuse entry or not to hand over accommodation to any person or groups of persons at our discretion. In such cases a full refund will be issued to the lead name on the booking. Please note that we may operate CCTV cameras at our discretion on our holiday parks both for crime prevention and safety reasons.
24. Our service to you
We will do all that we can to ensure you enjoy your holiday with us. Occasionally problems may occur, if they do or you have any concerns about your holiday while staying with us, please tell the parks reception immediately. Please be aware that we can not be held responsible for any issue during your stay with us, of which you did not inform us whilst on site. We will work hard to resolve any issues you may experience whilst you are here on park. If any issue is not resolved during your stay, you must notify us in writing, as soon as possible (and in any event within 21 days of the end of your holiday). Letters received more than 21 days after your holiday will be deemed irrelevant.
25. If we make changes to your holiday
The operation of our parks are subject to legislation and guidelines laid down by the Health and Safety Executive and Local Authorities and their codes of practice. Likewise there are other circumstances beyond our control that may affect the services and holiday booked and we accordingly reserve the right to adjust our services in order to meet these standards and possible issues. Very occasionally it may be necessary that certain accommodation, entertainment or a facility may have to be temporarily withdrawn, or changed due to maintenance, renovation, extreme weather conditions or changes in government legislation, or any other factors outside of our control. We reserve the right to make such alterations in the above circumstances without prior notice and are unable to accept liability for the loss of an advertised facility, or to pay compensation for any inconvenience caused. Should any changes occur, we will make you aware of these, where made prior to booking and will use reasonable endeavours to advise guests already booked of any alterations made after their booking and before their holiday commences.
26. Cancellation by us
Very occasionally, in exceptional circumstances, we may have to cancel your booking. If we have to do so we will inform you as soon as possible and you will be offered either a full refund or alternative holiday arrangements. If we need to cancel your holiday due to circumstances beyond our control (Force majeure) we are unable to refund any monies paid. We recommend you have holiday insurance to protect you against this. If we cancel and refund your holiday, we will have no further liability to you.
27. Website and brochure accuracy
Whilst every care is taken to ensure that the details in our brochure and on our website, including any promotions, are correct at time of being published, we cannot accept responsibility for errors contained therein or results thereof. We are not responsible for unforeseen events or matters over which we have no control. While we do our best to ensure that all information is up to date and accurate, there is always possibility for human error. All accommodation and holidays are subject to availability. Please enquire when booking or contact us on 03333 700 500 for confirmation. All images used are representative and are used for illustrative purposes only.
28. Our liability to you
We accept liability for any loss or damage you may suffer as a result of our negligence or wilful default, but otherwise are not liable to you for any loss or damage you may suffer. Our liability to you is limited to the cost of your holiday less any insurance premium, except in the case of death or personal injury.
29. TV filming and photography
Due to the increasing popularity of The Bay we receive requests from TV and other companies to film or photograph on our parks. We also undertake our own promotional filming & photography. Every effort is made to ensure filming does not intrude into or affect any holiday activity and that it is clear to guests that filming/photography is taking place. We will not accept responsibility if, contrary to your wishes, you appear on film or in photographs and we are unable to make any financial award or payment of any kind.
We may from time to time hold private functions on the premises, alternative entertainment will be provided where applicable/possible. Please note, no compensation will be offered of any kind in this instance. We will make every endeavour to inform you as soon as practically possible.
31. Licensing Laws
In accordance with UK licensing laws, we can only sell alcohol to persons aged 18 or over. We may require you to show proof of age using an approved form of identification. We accept the following forms of ID at park: full passport, a new style driving licence incorporating a photograph or a valid proof of age card. Please drink responsibly.
32. Infectious diseases
Infectious or contagious diseases could easily be passed to other guests while on holiday. You must inform the Duty Manager should you contract any such illness while on holiday. In order to protect our guests and staff, anyone found to have such a condition may be confined, or in extreme circumstances, requested to leave the park. Please note that in such circumstances we are unable to offer refunds and we therefore recommend you take out your own insurance.
33. Site regulations
Each park may have individual site regulations that will be provided on arrival. All site regulations must be adhered to at all times during your holiday.
34. Information you have given us
The information you give us in connection with your booking is held securely on our computer system and dealt with in accordance with the Data Protection Act. By providing us with this information you (and the rest of your party) are deemed to accept and agree to all of our terms and conditions. It is the responsibility of the lead name on the booking to ensure that the rest of their party are aware of and agree to our terms and conditions. We keep your information to help us improve our service to you and to help provide you with information about the services which we offer. We will not disclose this information to any person outside of The Bay, their agents and contractors unless we are legally required to do so or for the purposes of crime prevention.
These Terms and Conditions are correct at time of publishing and may be subject to change. Revisions to these terms and conditions will be published here on our website.
Last updated: 15th July 2013