Bryher Campsite Booking Terms & Conditions

1. Introduction
1.1. In these Booking Terms and Conditions:
“You” or “your” means the person named in the booking confirmation
“We”, “us”, “our” or “Bryher Campsite” means Bryher Campsite Ltd of Jenford, Bryher, Isles of Scilly, TR23 0PR.
“Accommodation” means a tent pitch or rental tent and any associated shared facilities to which we provide access.
1.2. These Booking Terms and Conditions apply to all bookings made by you for accommodation provided by us, whether directly or through any third party.
1.3. When you make a booking with us, you are deemed to have accepted these Booking Terms and Conditions.

2. Your Booking
2.1. Bookings can only be made by an adult aged at least 18 years old.
2.2. You, as the person making the booking, will be responsible for all members of your party throughout the stay and their adherence to these Booking Terms and Conditions. You must notify us at the time of booking if you will not be staying as part of the party.
2.3. We can only discuss your booking with you, unless you give us your express consent in writing to deal with another member of your party.
2.4. Your booking cannot be transferred without our express permission, at our absolute discretion and without statement of reason.
2.5. Your booking creates a licence to occupy the Accommodation to which the booking relates for the purposes of your holiday and nothing in these terms and conditions shall create the relationship of landlord and tenant between us and you.
2.6. We may accept or decline bookings entirely at our discretion and without statement of reason.

3. The Booking Process
3.1. All bookings are made via our website which generates a booking request only; it does not guarantee availability of the Accommodation or acceptance of your booking.
3.2. We will confirm availability and acceptance of your booking as soon as possible to the email address you give and will send you an invoice for your Booking Deposit. This amount is payable immediately by BACS transfer or by debit or credit card via our online payment link or by telephone.
3.3. This Booking Deposit is non-refundable.
3.4. We recommend checking travel availability before confirming your booking with us.
3.5. If you do not pay your Booking Deposit within seven days, we may release the Accommodation.
3.6. Upon receipt of your Booking Deposit, we will issue a Booking Confirmation by email, at which point the contract between us is made.
3.7. The difference between the total amount payable for the Accommodation and the Booking Deposit is referred to as the Balance and must be received in full the day before your departure from the campsite. This is payable in cash, by BACS transfer or by debit or credit card via our online payment link or in person.
3.8. It is your responsibility to check that the details on your Booking Confirmation are correct and notify us immediately of any discrepancies. We cannot accept responsibility for any errors.

4. Insurance
4.1. Booking Deposits are non-refundable and once we issue a Booking Confirmation, you will be responsible for the Balance, as outlined in clause 3.7. For the avoidance of doubt, Booking Deposits are not refundable under any circumstances, including where your booking is cancelled for any reason outside of your reasonable control, including without limitation, poor weather or illness.
4.2. We strongly advise you to take out insurance:
4.2.1. to cover any cancellation of, change to, curtailment or delay in your holiday for any reason; and
4.2.2. that you take this insurance out at the time of booking.

5. Pricing
5.1. Our current tariff is set out on our website.
5.2. We reserve the right to periodically adjust our tariff.
5.3. Whilst we do our best to ensure our pricing is displayed correctly, if Accommodation has been incorrectly priced, we reserve the right to charge the correct rate or give you the opportunity to cancel the booking, providing a full refund of monies paid to us but without further liability on our part.
5.4. All prices given include VAT. If the VAT rate changes after you have paid your Booking Deposit, additional or less VAT may be chargeable and it will be at our absolute discretion to reflect this change in our pricing.
5.5. Our website details the facilities included within our tariff. Other facilities such as showers, luggage collection, laundry facilities and device charging will be chargeable locally, as detailed on our website, and we may adjust the pricing for these services from time to time.
5.6. Promotional pricing and offers:
5.6.1. will only be applied if valid and quoted at the point of booking;
5.6.2. cannot be applied retrospectively to existing bookings;
5.6.3. can be amended or withdrawn at any time.

6. Special requests
6.1. Whilst we will always do our best to oblige, we are unable to guarantee any special request you make, such as adjacent Accomodation or a specific location on the campsite.
6.2. We offer a luggage collection service, payable locally, between Bryher Church Quay or Bar and the Campsite. This service meets the Tresco Boat Services boats that meet the Scillonian sailings each day. We do not meet other boats, except by prior arrangement and at our sole discretion, and we reserve the right to charge an additional fee for any such trip.

7. Group bookings
7.1. You must advise us of any group bookings at the point of booking.
7.2. In particular, we must be advised of any planned stag, hen or birthday party, for which you must obtain our prior permission. We reserve the right to refuse such groups without statement of reason.
7.3. The person making the group booking will be responsible for all members of the party (see clause 2) and will be expected to ensure full payment for the booking is made. In the case of cancellation, our usual cancellation policy (see clause 9) does apply, and we recommend all members of the group are made aware of our Booking Terms and Conditions.

8. If you wish to change your booking
8.1. You must notify us of any proposed changes to your booking, including to the number of people or dates of your booking. Whilst we will always endeavour to accommodate any change, we cannot guarantee this will be possible. Any changes are made at our absolute discretion, without statement of reason.
8.2. The Balance of your stay will be adjusted accordingly, notwithstanding the terms of our cancellation policy in clause 9.
8.3. If the changes to your booking lead to any additional Booking Deposit being due, this will be payable immediately and the booking changes will not be confirmed until this has been received.
8.4. We do not usually charge an administration fee for changes but reserve the right to do so if excessive changes are made.

9. If you cancel your booking
9.1. If you wish to cancel your booking, you must let us know by email or in writing as soon as possible. Your booking will be cancelled with effect from the day we receive cancellation notice.
9.2. For clarification, these cancellation terms apply including where you cancel your booking for any reason outside of your reasonable control, including without limitation, inclement weather or illness. We strongly recommend you take out appropriate travel insurance cover at the point of booking.
9.3. The Booking Deposit is non-refundable.
9.4. Our cancellation charges are set out below:
9.4.1. For the period from date of booking to 56 days before arrival: loss of Booking Deposit;
9.4.2. Within 56 days of arrival, or any time during your stay: 100% of Balance due for the booking.
9.5. Notwithstanding the above, if you cancel your booking, we will endeavour to secure another booking for the Accommodation at the same price and if we are successful you will only forfeit your Booking Deposit. If we are unable to secure another booking for the same dates as your booking then you will remain liable for the cancellation charges set out in clause 9.4 above.

10. If we change or cancel your booking:
10.1. We would not normally expect to have to change or cancel your booking, but sometimes we may be unable to provide the Accommodation you have booked on your reserved dates.
10.2. If we need to change or cancel your booking, we may at our absolute discretion offer you an alternative stay within the same calendar year. If this is not possible – or you refuse the alternative – your booking will be cancelled, and we will refund all monies paid by you to us for your booking.
10.3. In the event the cancellation is due to events outside our reasonable control, no refund of your Booking Deposit will be due. Events outside our reasonable control include, but are not limited to, weather, transport failure, drought, fire, explosion, storm, flood, earthquake, epidemic, pandemic, governmental guidance, natural disaster, subsidence, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private utilities.
10.4. In any case, in the event of cancellation of your holiday, we will not be liable for any damages or other losses or additional costs you may incur including, but not limited to, transport costs or the costs of any other Accommodation whether on the islands or on the UK mainland.
10.5. We strongly recommend you have appropriate travel insurance cover in place.

11. Rules & Obligations
11.1. All Accommodation is hired on the basis of a licence to occupy for holiday and leisure use only. You must not remain in the Accommodation at the end of your stay or sublet the Accommodation, whether for financial gain or otherwise.
11.2. You must adhere to all site rules, which may be amended from time to time at our absolute discretion.
11.3. You must not cause any nuisance, harm or annoyance to any neighbours or anyone else during your stay or do anything that endangers the safety of our staff or other guests.
11.4. You must not use the Accommodation for any dangerous, illegal, or immoral purpose or use any illegal substances or undertake any other activities that in our sole discretion may be offensive to others.
11.5. All children under the age of 18 must be accompanied by an adult.
11.6. You must leave a safe and reasonable gap of no less than two metres between your Accomodation and others and must ensure there is access to each tent that is free from guy ropes and other obstructions.
11.7. You must not pitch blocking any pedestrian or vehicle access points.
11.8. Smoking is not permitted in any rental tent or shared facilities, and we ask that you are mindful of others when smoking around the site. For the purposes of these terms and conditions, smoking includes vaping and e-cigarettes.
11.9. You will be aware that we do not charge a cautionary damage deposit. Should you or your party cause any damage to be done to your Accommodation, including any shared facilities, which is other than fair wear and tear, you will be billed for the full cost of the replacement or repair.
11.10. In the case of our rental tents, the Accommodation must be kept clean and tidy and left in the same condition as when you arrived. If in our sole opinion, cleaning beyond what is usual on a changeover is required, we reserve the right to charge a reasonable fee for this service.
11.11. Dogs and other pets are not permitted anywhere on Bryher Campsite, with the exception of assistance dogs, which you need to tell us about at the point of booking.
11.12. You must not exceed the number of people booked.
11.13. Anyone not staying on Bryher Campsite must not use the shared facilities.
11.14. Camping is only permitted within the boundaries of the campsite. No camping is permitted anywhere else on Bryher.
11.15. You must not light fires or use fireworks or Chinese lanterns on the campsite, with the exception of BBQs and Firebowls. These must only be used outside Accommodation and must be raised off the ground, not left unattended, and thoroughly extinguished after use.
11.16. Flying of drones is not permitted from the campsite.
11.17. Our campsite is in a rural setting and you and your party must not interfere with, endanger or damage the livelihood of those working the surrounding land and sea.
11.18. We may move you to temporary emergency accommodation in the event of severe weather where there is a risk of danger to you, our staff or our property.
11.19. Bryher is a safe environment but the risk of theft, damage or loss of our guests’ personal possessions cannot be eliminated entirely. We strongly advise you against bringing valuable items to Bryher Campsite and cannot be liable to any guest for any loss, damage or injury suffered by our guests or to their property, including to luggage in transit.
11.20. Our staff or contractors may need access to your Accommodation or shared facilities to rectify any urgent or unforeseen problem, investigate any complaint you make, or to perform routine checks. We’ll do our best to let you know 24 hours in advance and to arrange this at a mutually agreeable time, though in an emergency we may require immediate access.
11.21. Should you fail to give up possession at the end of your stay, or leave the Accommodation in such condition that it is not suitable for occupation by another hirer, you will be liable for the published rates for the Accommodation for the period that it is unavailable, and for any loss or damage we incur in finding alternative accommodation for or compensating (as the case may be) the incoming guests.
11.22. In the case where we detail departure times for the Accommodation, such as for our rental Bell Tents, if you fail to give up possession of the Accommodation at the stated time you will be charged an additional night’s rental as well as the cost of alternative accommodation for our incoming guests.
11.23. We may ask you to leave the Accommodation and terminate our contract with immediate effect and without compensation, if we consider you or your party has committed a serious or persistent breach of these Booking Terms and Conditions including, but not limited to a failure to comply with your obligations as set out in this clause 11.

12. If you encounter a problem during your stay
12.1. We will do everything in our power to ensure you have an enjoyable stay and that your Accommodation is of a high standard. However, if you experience any problems during your stay, please allow us the opportunity to rectify the situation by contacting us at the earliest opportunity.
12.2. When dealing with any issues we will take into consideration whether we were given fair opportunity to resolve the difficulties.
12.3. Whilst we will do all within our power to ensure all facilities and services advertised are available during your stay, no refunds can be made, and no compensation will be due if facilities or services have to be temporarily withdrawn or are changed for any reason.
12.4. We can be contacted on site or by telephone and an out of hours contact telephone number is available for you in the event of an emergency. The number is included in your guest information.

13. Events outside our control
13.1. We will not be responsible for any failure to perform our obligations under these Booking Terms and Conditions that is caused by an event outside our control.
13.2. An event outside our control means any act or event that is beyond our reasonable control, including, but not limited to, weather, transport failure, drought, fire, explosion, storm, flood, earthquake, epidemic, pandemic, governmental guidance, natural disaster, subsidence, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private utilities.

14. Limitation of Liability
14.1. Save for death or personal injury resulting from our negligence, Bryher Campsite will not be liable to you or any member of your party for any costs, claims, damages or expenses , accident, injury, loss of profit, loss or use or corruption of data or information, or inconvenience whatsoever and howsoever caused suffered or incurred by you or any member of your party or any of your or their property during your stay on Bryher Campsite.

15. Entire Agreement
15.1. These Booking Terms and Conditions constitute the entire agreement between us and supersede and extinguishe all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
15.2. Each of us acknowledges that in entering into this agreement, neither of us relies on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
15.3. We both agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Booking Terms and Conditions.
15.4. Nothing in this clause shall limit or exclude any liability for fraud.

16. Waiver
16.1. A waiver of any right or remedy under these Booking Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
16.2. A failure or delay by a party to exercise any right or remedy provided under these Booking Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
16.3. No single or partial exercise of any right or remedy provided under these Booking Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other remedy.

17. Severance
17.1. If any provision or part-provision of these Booking Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
17.2. Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Booking Terms and Conditions.

18. Third party rights
18.1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Booking Terms and Conditions.
18.2. The rights of the parties to rescind or vary these Booking Terms and Conditions are not subject to the consent of any other person.

19. Data Protection & Privacy
19.1. We will only communicate with you in accordance with our Privacy Policy, a copy of which is available on our website.
19.2. If you wish to alter your communication preferences, please telephone +44 (0)1720 422068, email relax@bryhercampsite.co.uk or write to: Bryher Campsite, Jenford, Bryher, Isles of Scilly, TR23 0PR

20. Governing Law
20.1. These Booking Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

21. Jurisdiction
21.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Terms and Conditions or their subject matter or formation.