Terms and Conditions

Sleepwell Hotels (UK Limited) and Sleepwell Hotels Limited: Standard Terms and Conditions of Trade

The following Terms and Conditions apply to all Bookings made on this website or directly with Sleepwell Hotels Limited. We kindly ask that you take a moment to read them prior to making a Booking or your arrival at the Hotel.

The company enters into this agreement as principal for bookings made for the hotels it owns and operates. In these Terms and Conditions the following definitions apply:

1. Definitions

Company, we, us or our means Sleepwell Hotels (UK )Limited and Sleepwell Hotels Ltd whose registered office is at Viking House, Nelson Street, Douglas, Isle of Man IM1 2AH
Booking means the booking for accommodation, functions and/or any other services or items made with us.
Booking Agent means any third party booking agent though which you may have made a Booking or Reservation of any kind.
Contract means the Booking and these Terms, and any other terms and conditions stated to apply to the Booking.
Hotel means the premises, (which includes any restaurant or venue the Company owns and/or operates) for which your Booking is made.
Terms or Terms and Conditions of Trade means these terms and conditions.
Website or Websites means www.sleepwellhotels.com, www.claremont.im, www.claremonthoteldouglas.im, www.coast.im or www.thecommanderbar.co,uk, or any other website owned or operated by us relating to a hotel, restaurant or other venue from time to time.
VAT means value added tax.
you or your means the Hotel guest or customer to whom these Terms apply.

2. Bookings

All Bookings at a Hotel are subject to these Terms and/or, where appropriate, any terms and conditions applicable to a Booking made through a Booking Agent.

At the time of Booking or at check-in at a Hotel we will take your credit/debit card details and you authorise the use of this card for any sums that become owing to us. We shall also have the right to require full payment in advance or a deposit at the time of Booking in certain circumstances or if the Booking includes the supply of certain items or services. No Booking shall be treated as confirmed until the details and/or payment/deposit described in this paragraph have been provided and payment received.

3. Charges & Booking

The prices displayed on the Websites are an average per night per person until a rate is selected.Any meals, service or VAT (at the prevailing rate) are included only if specified.A minimum length of stay, deposit, cancellation charge and other conditions may apply to certain rates, or dates as specified.Once a rate is selected on the Websites, the total for your requested stay shall be displayed on the reservation summary.Prices shall be charged in the local currency of the hotel and any currency conversion facility that may be provided is an approximation and is only provided by way of guidance.

Any VAT breakdown shown is indicative based on the current local rate of VAT, and the expected VAT treatment of the goods or services.VAT will be payable at the prevailing rate applicable at the tax point of the invoice or Booking confirmation issued, and may change depending on the actual rate and the VAT treatment of the goods and services purchased at that date.

Price lists for additional items, such as restaurant meals and room service, are on display at relevant locations within the Hotel and are available on request.

Prices displayed on the Website, in brochures, price lists or any other sales literature are correct at the time of display. We reserve the right to alter prices from time to time without notice. However, once we have accepted your order, we will not change the price that applies to such order unless required to do so by law (for example, where there may be a change in the rate of any applicable taxes). We make every effort to maintain prices but prices may occasionally move up or down. All prices displayed are inclusive of the local tax or taxes at the prevailing standard rate

4. Hotel Check-in / Check-out Time & Policy

In the interests of security and to prevent fraud, at the time of check-in, guests may be required to confirm their identity by providing their Booking reference and their passport/identity card/driving licence.If guests are travelling from outside the UK, Ireland or any country in the Commonwealth we are also obliged by law to require guests to provide the number and place of issue of your passport/identity card and details of their next destination. These records will be kept for at least 12 months and may be disclosed or made available for inspection by any police officer or as otherwise required by applicable law in connection with the prevention or investigation of crime.The information above may be requested for each member of your party over the age of 16 and we reserve the right to refuse entry to persons who cannot provide the information set out above.

Unless otherwise stated on the Booking confirmation, Guests may check-in at any time from 2.00 p.m. on the scheduled day of arrival.

On the day of departure we kindly ask all guests to vacate their rooms by 11.00 (unless a later departure is stated or agreed as part of your Booking). At the discretion of the Hotel a late check-out after this time can be requested & subject to availability will be charged at either an hourly or day rate.

Rooms are allocated subject to maximum occupancy rules set by the Hotel and as stated on your reservation confirmation. If you would like further details or to clarify this, please contact the Hotel directly.

5. Payment

We currently accept the following methods of payment: credit cards: American Express, MasterCard/Diners International, Diners Club, JCB International Credit Card, Visa. Debit cards – Visa/Delta and Visa/Electron.

At the time of check-in we will authorise the accommodation charges (room rate, VAT and any service charge) and a stated value for anticipated incidentals for the duration of your stay against your credit/debit card.We may also choose to accept a deposit in place of payment card authorisation by another valid form of payment, including cash or cheque.

During your stay the hotels system will calculate the incidentals charged to your room on a daily basis.If the costs of those incidentals exceed the authorisation taken on check-in, further authorisation will automatically be requested and if such authorisation is not available, we may request another method of settlement or a deposit to be provided, failing which we reserve the right to restrict access to your room.

All outstanding charges must be paid for in full on check-out from the hotel.If the outstanding charges do not exceed the authorisation taken on check-in, the authorisation for the amount not utilised will be released, however, we cannot control how long it takes for your bank to effect such release.If staying for multiple nights at the hotel we may require you to make payment for any outstanding charges on a more frequent basis during your stay.

6. Cancellation Policy and No Shows

The cancellation policy varies according to the rate and stay date that is booked and/or according to the cancellation policy of any Booking Agent through which you have made a Booking. Please refer to the cancellation policy as is stated on your reservation confirmation and Booking source and/or your Booking Agents cancellation policy where applicable.

Where a pre-payment is required, this will be charged to the credit/debit card supplied at the time of the Booking. Cancellation outside of the stated cancellation policy or on-arrival will result in the forfeiture of any prepayment.

7. Changes or Cancellation by the Company / Availability of services

Very occasionally we may need to cancel your Booking. In such circumstances you will be given a full refund but we shall have no further liability to you arising out of such cancellation.We will, however, use reasonable endeavours to try and re-locate any confirmed Booking cancelled by us to an alternative location similar in standard to the Hotel in question.

We have attempted to display all the services on the site as accurately and fairly as possible, taking account of the available reproduction techniques that apply to website design, graphical and photographic technology. Your Booking is for a class of room in the Hotel and does not guarantee that you will be able to stay in a specific room or in the same room for the duration of your stay. If we need to move you to a different room during your Booking for which a lower rate is available than the rate you booked at, we will refund you the difference in the rates.

All services advertised for sale on the site are subject to availability. If a room or package that you wish to book is unavailable, we shall attempt to inform you by email or phone. We shall not charge you for services that we cannot supply for any reason. However, we will not be responsible for any damage or losses that you may suffer if we fail to supply services.

8. Guest Damage

We reserve the right and you hereby authorise us to charge your credit or debit card for any damage incurred to your room or the Hotel property during your stay (including without limitation specialist cleaning) or for any items that are missing when you leave.

9. Accessibility

Due to original architecture, many of our hotel properties have limited disabled or assisted access. Please contact our Central Reservations office on 01624 617068 to discuss any specific individual requirements and the availability / suitability of appropriate accommodation and we will do our best to accommodate individual needs.

10. Leisure

Certain Hotels have arrangements with nearly leisure clubs that guests may use that club throughout the duration of their stay.A condition of using the facilities is that you must comply with the clubs rules, a copy of which is available at the club reception.Charges may apply for use of some facilities, please enquire at the Hotel for further details.

Children less than 16 years of age must be accompanied by an adult at all times.For health and safety reasons, children younger than 16 are not permitted to use all the health clubs facilities. At certain times, facilities may become unavailable due to maintenance, adverse weather conditions or other reasons beyond our control.We will attempt to keep all Hotel guests informed of these circumstances however this may not always be possible.If any facility is a significant reason for your choice of Hotel, we would advise you to check directly with the Hotel in advance of arrival.

11. Parking

Where a Hotel has its own car park, there may be a charge and/or limited spaces available and space may not be available for the duration of your stay. Terms and conditions may also apply to car park use.Please contact the Hotel directly for more information. Cars and their contents are left at the owners/customers own risk. We do not accept responsibility for loss or damage (save as may not be excluded or restricted by applicable law).

12. Hotel Events

Please be aware that at certain times throughout the year some of our Hotels may host weddings, events and parties, which you may feel would be an intrusion on your reservation.Please contact the Hotel directly in advance of your stay for any further information you may wish to clarify prior to arrival.

13. Guest Behaviour

Guests are requested to conduct themselves appropriately at all times and to comply with company procedures and/or requests with regard to conduct and respect for the property of the Hotel, its employees and guests and their health and safety.Guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the Hotel, or cause offence to other guests or our members of our staff.We reserve the right to refuse accommodation or services or remove you and members of your party from the Hotel if, in our reasonable opinion, we consider this provision to have been breached. Where this is the case shall have no obligation to refund you for lost accommodation, other services or any other loss or expense incurred.

14. No Smoking

By law guests are not permitted to smoke in anyin public areas. Smoking is not allowed in guest bedrooms and a cleaning charge at cost may be incurred should this take place.

15. Children

All children (a person under 16 years of age) staying at the Hotel must be accompanied by an adult and must be supervised by an adult at all times. Cots and extra beds are available in most of our properties. However, these are limited and subject to availability. Additional charges may apply. Please check at the time of your booking.

16. Babysitting

A babysitting service may available at some Hotels. We recommend that arrangements are made in advance to avoid disappointment. Your contract will be direct with the babysitting agency and not with the Company. The concierge or reception desk at the Hotel will be able to assist in arranging the babysitting service with our chosen babysitting agency, subject to their availability. For avoidance of doubt, we accept no responsibility beyond assisting with this arrangement between the guest and the agency and do not provide our own staff to provide this facility.

17. Pets

Guide dogs are accepted at our Hotels subject to prior arrangement. In the Isle of Man, no pets are allowed at the Hotels and in the UK only at the discretion of the Hotel management.

18. Personal Information

Telephone calls may be recorded from time to time to help us improve the service we offer you.

All personal information stored and used by us is done so in accordance with our Privacy Policy and which is available on request via: http://sleepwellhotels.com/information/private_policy

EU legislation effective 26 May 2011, requires that all Websites clearly specify if cookies are being used and their purpose.

Our Websites use Google analytics which uses cookies to anonymously track activity on our site. This information is used to keep our site relevant and make it easier to use.

If you accept our use of cookies, Google will place a temporary session cookie on your machine. This cookie will clear as soon as you close your browser window.
19. Force Majeure

The Company accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.

20. Limitation of Liability

The Company will not be responsible for the loss or damage of any property left in the Hotel other than as required under any applicable law.

The Company will not be liable for any indirect, consequential loss or pure economic loss (whether caused by the negligence of the Company, its employees, contractor or agents or otherwise). The Companys total liability shall not exceed the value of the Contract.

Nothing in these Terms is to be taken to exclude or restrict any rights which applicable law grants to you in respect of the Contract

To the extent permitted by law, we hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any loss of profit, direct, indirect or consequential loss or damage incurred by any guest arising under or in connection with the Contract, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by the Companys negligence or liability for fraud or fraudulent misrepresentation.
21. Governing Law and Jurisdiction

The Contract and any non-contractual obligations arising in connection with it are, where a Booking is with a Hotel situated in the Isle of Man, governed by Isle of Man law, and, where a Booking is with a Hotel situated in England, governed by English law.

The Isle of Man courts or English courts (whichever is the relevant) are to have exclusive jurisdiction to determine any dispute arising in connection with the Contract, including claims for set-off and counterclaim and disputes relating to any non-contractual obligations.

Each party irrevocably waives any objection which it may now or later have to proceedings being brought in the Isle of Man courts or the English courts (on the grounds that the Isle of Man or English courts are not a convenient forum or otherwise).

22. Web Site Information

While all reasonable efforts have been taken to ensure the accuracy of information on the Websites, the Company does not accept responsibility for errors or omissions and reserve the right to amend, cancel or vary any of the arrangements featured on the Websites without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of a particular product or hotel.

The content of the Websites is the copyright of the Company and may not be copied, reproduced, published, distributed or amended for any other purpose without our prior written consent.

Trademarks used on the Websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We cannot accept responsibility for the content or use of third party sites.

The Websites are operated by the Company.

These Terms are valid as at [1st November 2013).

Website Terms & Conditions of use

Disclaimer

This page tells you the terms and conditions of use on which you may make use of THIS website: Please read these terms and conditions of use carefully before you start to use the site. By continuing to use this website you are confirming that you accept the terms and conditions of use set out below which take effect on the date when you first use the site.

If you do not accept these terms and conditions of use, you must leave this website immediately.

Sleepwell Hotels Limited and Sleepwell Hotels (UK) Limited (together or separately ‘Sleepwell’, as the context allows) are the owners or the licensees of all intellectual property rights of this website, and in the material published on it.

We want you to enjoy your visit to this website and we try to ensure that information on our site is accurate, complete and up-to-date. This web site has been created primarily for visitors and customers in the Isle of Man, UK and Northern Ireland. We make no representation or warranty to visitors from countries outside these countries. Without prejudice to your statutory rights the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided ‘AS IS’ and on an ‘IS AVAILABLE’ basis without representation warranty or endorsement, express or implied. In particular, we do not warrant or represent the accuracy or entirety of information provided on this website nor do we guarantee that use of this website will be uninterrupted or error-free, or that the website and its servers are free of computer viruses or bugs. In no event will Sleepwell be liable to any person for any damage or loss that may arise from the use of any information contained in this website or services advertised on this website, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of this website. Please read the Sleepwell Terms and Conditions of Trading (below) for full details concerning the sale and delivery of services advertised on this website. Notwithstanding anything else in these Terms and Conditions of Use, Sleepwell will not be liable for claims relating to the functionality, accuracy or availability of: Sleepwell Hotels Limited and/or Sleepwell Hotels (UK) Limited online booking, or any third-party online booking or payment engine (e.g. www.myfidelio.net, www.laterooms.com, or the ‘WorldPay’ payments engine).

Copyright

All rights, including copyright and database right, in the Sleepwell website and its contents, are owned by or licensed to Sleepwell, or otherwise used by Sleepwell as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphics, logos, buttons, icons, images and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from Sleepwell or the copyright holder or in accordance with the Copyright, Designs & Patents Act 1988 (an Act of Parliament), the Isle of Man Copyright Act 1991, the Isle of Man Design Right Act 1991 or the Isle of Man Copyright (Amendment) Act 1999 (or any equivalent legislation). You may not adapt, alter or create any of the material or information in this website or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes. Sleepwell reserve the right to use for its own purposes any material submitted to the website, including text and images, either on the website or in any other form, including for publicity purposes. Sleepwell reserve the right to monitor submissions to the website and to edit or reject any submissions.

Trademarks

All names, images, logos identifying Sleepwell are proprietary marks of Sleepwell. All third party brands, products, services contained on this site are the trademarks, service marks and trade names of their respective holders. Sleepwell do not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ rights.

Website Use

You may use our website only for lawful purposes. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. You may not use our website:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms and conditions of use;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms and conditions of use;
Or any of the materials on this website for commercial exploitation without our prior written consent;
Or any content or any part of the website for any purpose or in any manner that may give a false or misleading impression of Sleepwell, its officers, staff or services;
To establish a link to this website from any other website, intranet or extranet site without our prior written consent or as provided below; or
To do anything that may interfere with or disrupt this website or our services.
You also agree not to access without authority, interfere with, damage or disrupt:

any part of our website;
any equipment or network on which our website is stored;
any software used in the provision of our website; or
any equipment or network or software owned or used by any third party in the provision of our site.
By breaching this provision you may commit a criminal offence and where appropriate we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Website Availability

This website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our website, or some part of it, is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and condition of use, and that they comply with them.

Links to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

You must not establish a link from any website that is not owned by you.

External Links

Sleepwell do not represent, warrant, endorse or hold responsibility over any external websites that may be linked to and from this website. Any external website that you visit by clicking through a link on this website is outside the control of Sleepwell and you visit entirely at your own risk.

Suspension of Use

We will determine, in our discretion, whether there has been a failure to comply with these terms and conditions of use through your use of our website. Failure to comply with these terms and conditions constitutes a material breach of the terms and condition of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of our terms and conditions of use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Jurisdiction

Unless otherwise provided by any applicable law, government regulation, orders or requirements these website terms and conditions of use shall be governed by and construed in accordance with the laws of the Isle of Man. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of the Isle of Man. If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms and Conditions shall remain in full force and continue to be binding and enforceable. Sleepwell reserve the right to change these terms and conditions at any time by posting changes online. If you do not accept these Terms in full, you must stop using this website immediately. You can contact Sleepwell Hotels Limited and Sleepwell Hotels (UK) Limited at following postal address:

Sleepwell Hotels Ltd
Viking House
Nelson Street
Douglas
Isle of Man
IM1 2AH

Hotel Reservations: +44 (0) 1624 617 068
Customer Services: +44 (0) 1624 639 396
Head Office Fax: +44 (0) 1624 661 009
Email: enquiries@sleepwellhotels.com