OUR TERMS AND CONDITIONS
HOTEL ACCOMMODATION & SERVICES
The Open Arms Hotel, Dirleton
These Terms and Conditions (“Conditions”) apply to the booking of any hotel room and the provision of any services by The Open Arms Hotel (“we”, “us”, “our”).They set out your legal rights and responsibilities and our legal rights and responsibilities, together with certain key information required by consumer law.
Please read these Conditions carefully. Particular attention is drawn to clause 11 (Limitation of Liability).
1. Definitions and interpretation
1.1 Definitions
In these Conditions, the following expressions have the following meanings:
Business Consumer
Any customer who books accommodation or services on behalf of others in connection with a business activity, including (without limitation) tour operators, travel agents or corporate bookers.
Conditions
These terms and conditions are amended from time to time in accordance with clause 14.
Company / we / us / our Fig&Bell LTD trading as The Open Arms Hotel, Dirleton, North Berwick, EH39 5EG.
Consumer
An individual guest who books accommodation or services for personal use wholly or mainly outside the purposes of any business.
Guest / you
The person making the booking and all members of their party.
Hotel
The Open Arms Hotel, including its premises, grounds and any associated accommodation.
Price List
Our published room rates are available on our website, at reception or on request.
Rates
The prices payable for accommodation and any additional services.
Regulations
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Services
The provision of hotel accommodation and any facilities, goods or services offered by us.
Tour Operator Terms
Any additional terms applicable to Business Consumers.
Any customer who books accommodation or services on behalf of others in connection with a business activity, including (without limitation) tour operators, travel agents or corporate bookers.
Conditions
These terms and conditions are amended from time to time in accordance with clause 14.
Company / we / us / our Fig&Bell LTD trading as The Open Arms Hotel, Dirleton, North Berwick, EH39 5EG.
Consumer
An individual guest who books accommodation or services for personal use wholly or mainly outside the purposes of any business.
Guest / you
The person making the booking and all members of their party.
Hotel
The Open Arms Hotel, including its premises, grounds and any associated accommodation.
Price List
Our published room rates are available on our website, at reception or on request.
Rates
The prices payable for accommodation and any additional services.
Regulations
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Services
The provision of hotel accommodation and any facilities, goods or services offered by us.
Tour Operator Terms
Any additional terms applicable to Business Consumers.
1.2 Interpretation
References to clauses are to clauses of these Conditions.
Words in the singular include the plural and vice versa.
References to legislation include amendments and re-enactments.
References to “writing” include email and other legible electronic formats.
Words in the singular include the plural and vice versa.
References to legislation include amendments and re-enactments.
References to “writing” include email and other legible electronic formats.
2. Reservations
2.1 All reservations are governed by these Conditions. Bookings may be made via our
website, by telephone or in person.
2.2 You must provide accurate contact and identification details at the time of booking.
2.3 Valid payment card details are required to secure all reservations. Unless stated otherwise, payment will be taken in accordance with clause 4.
2.4 A binding contract is formed only once we confirm your booking in writing.
2.5 If you are a Consumer, amendments and cancellations are governed by clause 5 or your booking confirmation.
2.6 We reserve the right to refuse bookings at our discretion.
2.7 Requests for additional nights during your stay are subject to availability and acceptance.
2.8 Please inform us of any accessibility requirements at the time of booking so we can assess suitability.
2.9 Business Consumers are also subject to any applicable Tour Operator Terms.
2.2 You must provide accurate contact and identification details at the time of booking.
2.3 Valid payment card details are required to secure all reservations. Unless stated otherwise, payment will be taken in accordance with clause 4.
2.4 A binding contract is formed only once we confirm your booking in writing.
2.5 If you are a Consumer, amendments and cancellations are governed by clause 5 or your booking confirmation.
2.6 We reserve the right to refuse bookings at our discretion.
2.7 Requests for additional nights during your stay are subject to availability and acceptance.
2.8 Please inform us of any accessibility requirements at the time of booking so we can assess suitability.
2.9 Business Consumers are also subject to any applicable Tour Operator Terms.
3. Group and business bookings
3.1 Group bookings and bookings made by Business Consumers may be subject to
additional terms.
3.2 In the event of conflict, Tour Operator Terms shall prevail.
3.2 In the event of conflict, Tour Operator Terms shall prevail.
4. Fees and payment
4.1 Room rates are dynamically priced and may vary according to demand. The price
confirmed at booking applies to your stay.
4.2 All rates include VAT unless stated otherwise.
4.3 Rates apply to accommodation only unless expressly stated.
4.4 Additional charges may apply for food,drink,and other services. Please note that a pre-authorisation will be taken on your card at check-in to cover incidentals or additional services during your stay. This amount will be released following check-out, subject to any applicable charges.
4.5 Rooms charges are payable at point of booking
4.6 Promotional rates:
4.7 Payment may be made by credit/debit card. Cash is not accepted.
4.8 Rate increases after booking will not affect confirmed reservations.
4.9 Refunds are only available as expressly stated in these Conditions or required by law.
4.2 All rates include VAT unless stated otherwise.
4.3 Rates apply to accommodation only unless expressly stated.
4.4 Additional charges may apply for food,drink,and other services. Please note that a pre-authorisation will be taken on your card at check-in to cover incidentals or additional services during your stay. This amount will be released following check-out, subject to any applicable charges.
4.5 Rooms charges are payable at point of booking
4.6 Promotional rates:
- are usually non-refundable unless stated otherwise
- must be paid in full at booking
- do not include additional services
4.7 Payment may be made by credit/debit card. Cash is not accepted.
4.8 Rate increases after booking will not affect confirmed reservations.
4.9 Refunds are only available as expressly stated in these Conditions or required by law.
5. Cancellations and amendments (by consumers)
5.1 Cancellation terms depend on the rate booked:
5.3 We strongly recommend appropriate travel insurance.
5.4 Business Consumers should refer to the Tour Operator Terms.
14+ days before check-in: Full refund if cancelled at least 14 days before check-in
7+ days before check-in: 50% refund
Less than 7 days before check-in: No refund
All cancellations must be confirmed in writing to info@openarmshotel.com
5.2 Your booking confirmation takes precedence if different terms apply.7+ days before check-in: 50% refund
Less than 7 days before check-in: No refund
All cancellations must be confirmed in writing to info@openarmshotel.com
5.3 We strongly recommend appropriate travel insurance.
5.4 Business Consumers should refer to the Tour Operator Terms.
6. Cancellations (by the hotel)
6.1 We may cancel a booking without liability where:
Payment is not received when due.
The booking risks hotel operations, security or reputation;
The hotel is closed or undergoing renovation.
Events beyond our control prevent performance (force majeure).
6.2 Where possible, we will notify you promptly and refund any sums paid.The booking risks hotel operations, security or reputation;
The hotel is closed or undergoing renovation.
Events beyond our control prevent performance (force majeure).
7. Hotel rules and conduct
7.1 Guests must not:
7.5 You are responsible for any damage caused by you or your party.
7.6 You are liable for breaches by members of your party or guests.
7.7 We may take reasonable action for breaches, including requiring departure, charging for damage, or refusing future bookings.
7.8 We reserve the right to refuse future bookings from any person who has previously breached these Conditions.
- bring pets other than dogs and must pay for the dogs at upon arrival according to our pet policy
- bring hazardous items
- use unauthorised electrical appliances
- tamper with safety equipment
- damage or remove Hotel property
- engage in unauthorised commercial activity
- access unlawful or obscene material using Hotel systems
- leave minors unattended
7.5 You are responsible for any damage caused by you or your party.
7.6 You are liable for breaches by members of your party or guests.
7.7 We may take reasonable action for breaches, including requiring departure, charging for damage, or refusing future bookings.
7.8 We reserve the right to refuse future bookings from any person who has previously breached these Conditions.
8. Occupancy and check-in
8.1 Occupancy must not exceed that stated in your booking confirmation.
8.2 We reserve the right to change room allocations if necessary.
8.3 Check-in: from 4.00pm.
8.4 Check-out: by 10:00am.
8.2 We reserve the right to change room allocations if necessary.
8.3 Check-in: from 4.00pm.
8.4 Check-out: by 10:00am.
9. Food and drink
9.1 Food and drink are not included unless stated.
9.2 Please advise us of dietary requirements in advance.
9.3 Restaurant opening times are available on our website or at reception.
9.2 Please advise us of dietary requirements in advance.
9.3 Restaurant opening times are available on our website or at reception.
10. Car parking
10.1 Parking is subject to availability and is used at your own risk.
10.2 Disabled spaces require a valid badge.
10.3 We are not responsible for loss or damage unless caused by our negligence.
10.2 Disabled spaces require a valid badge.
10.3 We are not responsible for loss or damage unless caused by our negligence.
11. Limitation of liabillity
11.1 We are responsible only for foreseeable loss caused by our breach or negligence.
11.2 Nothing limits liability for death, personal injury, fraud or fraudulent misrepresentation.
11.3 We are not liable for indirect or consequential losses or loss of personal belongings.
11.4 Our total liability is limited to the value of your booking, except where prohibited by law.
11.5 Your statutory consumer rights remain unaffected.
11.2 Nothing limits liability for death, personal injury, fraud or fraudulent misrepresentation.
11.3 We are not liable for indirect or consequential losses or loss of personal belongings.
11.4 Our total liability is limited to the value of your booking, except where prohibited by law.
11.5 Your statutory consumer rights remain unaffected.
12. Duities of the hotel
We will use reasonable care and skill in providing Services and give reasonable notice of
any disruption.
13. Duities of the hotel
We will use reasonable care and skill in providing Services and give reasonable notice of
any disruption.
14. Duities of business consumers
Business Consumers must comply with booking, amendment and cancellation
procedures and ensure their guests comply with these Conditions.
15. Changes to these conditions
We may update these Conditions from time to time. The version applicable is that in
force at the time of booking.
16-17. Consumer information
All information provided prior to booking forms part of the contract with Consumers as
required by law.
18. Complaints
Complaints should be raised by email on info@openarmshotel.com
19. Force majeure
We are not liable for failure to perform due to events beyond our reasonable control.
20. Severabillity
If any provision is found unenforceable, the remainder shall remain in force.
21. Governing law and jurisdiction
These Conditions and any contract between you and us are governed by Scots law, and
the Scottish courts shall have exclusive jurisdiction.
