bookings terms and conditions

1. Who your agreement is with.

When you book your holiday your agreement will be with Darwin Escapes. (“Darwin Escapes”, “we”, “us”, “our”).  See the bottom on clause 36 for further information.  Please carefully read these terms as they set out ‘our’ respective rights and obligations.  In these terms, references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom the booking is added or transferred to and any permitted day visitors to ‘your’ accommodation

2. Booking

2.1 There will be a contract between ‘you’ and ‘us’ when we send you a booking confirmation. These terms are part of ‘your’ contract with ‘us’.
2.2 The person making the booking accepts the contract on behalf of all members of ‘your’ party and is responsible for making sure they accept the contract; and accepts financial responsibility for payment(s) of the booking on behalf of all members of the party.
2.3 ‘We’ do not accept bookings from anyone under the age of 18 years old. All guests not over 18 years old must be accompanied by a parent or guardian.
2.4 You must ensure that all the information you provide ‘us’ in connection with ‘your’ booking is true, accurate, current and complete.
2.5 If any of ‘your’ details change, ‘you’ must promptly update ‘your’ details. If you or any member of ‘your’ party has any medical problem or disability that may affect ‘your’ booking, please tell ‘us’ before ‘you’ confirm ‘your’ booking and give ‘us’ full details in writing as early as possible before ‘you’ travel. if ‘We’ are unable to make reasonable adjustments to meet that person’s particular needs, ‘we’ can refuse or cancel the reservation.
2.6 If ‘you’ have any special requests, ‘you’ must let’ ‘us’ know when ‘you’ make a booking and confirm them in writing. Although ‘we’ will try to pass any reasonable requests on to the site, ‘we’ cannot guarantee that any request will be met. Confirmation that ‘we’ have noted a special request or passed it on to the Resort, or the fact it is shown on ‘your’ written confirmation or any other document, is not confirmation that the request will be met. If ‘we’ or the Resort fail to meet any special request, it will not mean ‘we’ or the Resort have broken’ your’ contract.
2.7 If the accommodation is available and ‘we’ have received all the relevant payments from ‘you’, ‘we’ will give ‘you’ written confirmation of ‘your’ booking as soon as reasonably possible. This confirmation will show ‘your’ booking details, the amount ‘you’ have paid and the amount ‘you’ still owe for the booking.
2.8 ‘Your’ binding contract with ‘us’ will begin when ‘we’ issue ‘you’ or ‘your’ travel agent the written confirmation on behalf of ‘us’ and ‘you’ have made the appropriate payments to ‘us’ or ‘your’ travel agent.
2.9 If ‘you’ pay the deposit, it does not mean ‘we’ have accepted a booking unless ‘we’ have issued ‘you’ with written confirmation. Please do not make any other travel arrangements (such as flights) until ‘we’ have issued you with a written confirmation.
2.10 If ‘you’ book with ‘us’ online, ‘we’ will acknowledge that ‘we’ have received ‘your’ booking and then later send ‘you’ ‘your’ confirmation by email. It is ‘your’ responsibility to check ‘your’ emails regularly and to let ‘us’ know about any change to ‘your’ email address.
2.11 Where ‘we’ offer the option of a provisional telephone booking, the accommodation will be released for general sale after the agreed time period unless ‘you’ confirm the booking by making the appropriate payment.
2.12 ‘We’ have the right to refuse any booking before ‘we’ send ‘you’ written confirmation. If ‘we’ do this, ‘we’ will tell ‘you’ in writing and promptly refund any money ‘you’ have paid to ‘us’. In this case, ‘we’ will not have any legal responsibility to ‘you’.
2.13 As soon as ‘you’ receive your confirmation, ‘you’ must check the details carefully. If anything is not correct, ‘you’ should tell ‘us’ immediately. ‘We’ have no responsibility for any errors in any documentation, except where an error is made by ‘us’.
2.14 If ‘you’ book through a travel agent, ‘we’ will send ‘your’ confirmation and any other documentation to ‘your’ travel agent.
2.15 Even if ‘we’ have sent a written confirmation, ‘we’ have the right to cancel a booking where there are reasonable grounds to believe that

(i) it is not legitimate;
(ii) ‘you’ are likely to breach these booking conditions;
(iii) information supplied by ‘you’ in relation to ‘your’ booking is incorrect; or
(iv) ‘you’ have behaved in a vexatious, abusive, or unlawful manner to ‘us’ or to ‘our’ staff. If ‘we’ cancel ‘your’ booking in these circumstances, ‘we’ will tell ‘you’ in writing and ‘we’ will have any legal or financial responsibility to ‘you’.

3. Payment of Booking Deposit

3.1 If ‘your’ booking is made 8 weeks prior to the start of ‘your’ stay ‘you’ are required to make a non-refundable deposit of 10% of the total amount to be paid.
3.2 The remainder of the total amount to be paid must be received by ‘us’ by no later than 8 weeks before the day of arrival for the stay with ‘us’ as specified in the confirmation of the booking.
3.3 When the booking(s) is made within 8 weeks before the start of ‘your’ stay, the total amount must be paid immediately. Failure to make payment(s) in accordance with the above may result in ‘us’ refusing ‘you’ the use of the accommodation and/or other facilities.
3.4 Should the amount(s) not have been paid promptly ‘you’ shall be in default immediately upon expiry of the payment term.
3.5 In such event ‘we’ shall be entitled to dissolve (cancel) the agreement and ‘you’ shall be liable for any loss incurred or yet to be incurred by ‘us’ in connection with ‘your’ booking and the dissolution thereof.
3.6 ‘We’ shall, in any event, be entitled to charge cancellation costs for each accommodation.

4. ‘Your’ use of the booking

4.1 The accommodation that we advertise is offered by ‘us’ for the sole purpose of holiday letting and must never be occupied as ‘your’ principal home. Accordingly, ‘you’ agree and accept that ‘you’ are not offered any rights to the accommodation other than the right to occupy the accommodation as holiday accommodation for the period of ‘your’ booking.
4.2 No booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977, or any similar legislation that applies in Scotland. Our booking services with ‘you’ are available for ‘your’ personal, non-commercial use only.
4.3 ‘You’ must not permit anyone who is to your knowledge on or ever has been on the Sex Offenders Register compiled under the Sex Offenders Act 1997 to use or visit the Holiday Home.

4.4 You may not offer for resale any booking services without our express permission.

5. Amendments to the agreement

5.1 If after the booking has been made, you wish to make any amendments to the agreement, ‘We shall not be obliged to accept.
5.2 Changing dates of arrival and/or location from 28 days before arrival are not permitted. In these cases, the cancellation costs as shown in clause 13.6 will apply.

6. ARRIVE AND DEPARTURE

6.1‘You’ can arrive on the first day of the booking date of ‘your’ accommodation at any time after 16:00, unless ‘we’ state otherwise in ‘your’ confirmation.
6.2 ‘You’ must leave before 10:00am on the day of departure.
6.3 If ‘you’ arrive on the first day of ‘your’ booking after 18:00 then ‘you’ will need to contact the ‘Resort’. If ‘you’ do not ‘you’ may not be able to access ‘your’ accommodation.
6.4 If ‘you’ still have not arrived by 12:00am on the second day of the booking period and ‘you’ do not advise the ‘Resort’ that ‘you’ are arriving late, ‘we’ may treat ‘your’ booking as having been cancelled by ‘you’. In this situation, ‘you’ will not be refunded any money ‘you’ have paid.

7. Damages

7.1 ‘You’ are responsible for all guests staying at the accommodation and the things they do (and do not do) even if ‘you’ do not stay at the accommodation during the booking period.
7.2 ‘You’ are responsible for and agree to reimburse to ‘us’ as a result of any breakage or damage in or to the accommodation which is caused by ‘you’ or any members of ‘your’ party or any other persons invited into the accommodation by ‘you’. By entering into this agreement ‘you’ agree ‘we’ can ask for an extra payment from ‘you’ to cover any such costs.
7.3 ‘We’ expect the accommodation to be left in a reasonably clean and tidy state on departure. If, in ‘our’ opinion, additional cleaning is required, ‘you’ will be liable to ‘us’ for the cost of this cleaning.
7.4 If ‘you’ discover that anything is missing or damaged on arrival, please notify ‘us’ immediately.

8. Unreasonable behaviour

8.1 ‘We’ can refuse to hand over ‘your’ accommodation if the unreasonable behaviour of anyone in ‘your’ party is likely to cause offence to other guests, members of staff or neighbours, or if ‘we’ have reasonable cause to believe ‘you’ or any member of ‘your’ party will cause damage or loss to the accommodation, its services or facilities. If this happens, the contract between ‘you’ and ‘us’ will end and ‘you’ will not receive any refund and ‘we’ will have no further responsibility to ‘you’.
8.2 ‘We’ can end a stay after the keys have been handed over to you, if the unreasonable behaviour of anyone in ‘your’ party (including anyone invited into the accommodation by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff or where ‘you’ or any member of ‘your’ party (or anyone invited into the accommodation by ‘you’) has broken or is likely to break any of these booking conditions, the terms and conditions or any other terms and conditions applicable to the accommodation which ‘you’ have been told about. If this happens, ‘you’ will have to leave the accommodation immediately and no refund will be given. ‘You’ may also be liable for any costs ‘we’ incur as a result of ‘your’ behaviour.

9.No Smoking

All accommodation are no smoking (including e-cigarettes).

10. Linen, towels and keys.

Except for cots, bed linen is provided (unless stated otherwise). This may be duvets or blankets and sheets. Please take bed linen for cots with ‘you’ as required. Towels are not normally provided (unless stated otherwise).

11. Pricing

11.1 ‘We’ keep the prices charged under constant review and the prices of unsold accommodation may be increased or decreased at any time. ‘We’ may also correct mistakes in the pricing of unsold accommodation at any time. ‘We’ will confirm the price of ‘your’ booking when ‘you’ make it. As changes and mistakes can happen, ‘you’ must check the price and all other details of ‘your’ chosen accommodation at the time of booking.
11.2 ‘You’ are required to pay ‘us’ the agreed amount as specified in the confirmation for the reservation. ‘You’ are also required to pay the reservation fee and the specific administration or other fees charged for ‘your’ booking.
11.3 Any discounts and/or special offers available, where relevant, cannot be invoked once ‘we’ have issued the confirmation for the reservation.
11.4 All prices are inclusive of VAT, where applicable, unless otherwise stated.
11.5 ‘We’ are entitled to implement and pass on price increases resulting from any interim amendments of statutory regulations and/or provisions (including but not limited to VAT, tourist tax, insurance tax) over which Resort has no control.
11.6 Electricity, gas and water costs are within the price at the time of booking.

12. Changing your booking

12.1 If ‘you’ want to change any detail of your confirmed booking, ‘you’ must notify ‘us’ via your online account or by calling ‘us’ as soon as possible and ‘we’ will do ‘our’ best to arrange the changes.
12.2 Changes can only be accepted with ‘our’ agreement. ‘We’ cannot guarantee that ‘we’ will be able to meet ‘your’ request.
12.3 If ‘we’ can facilitate ‘your’ change, ‘you’ will be asked to pay ‘us’ an administration charge of £35 for each change, which will be charged on ‘our’ behalf.
12.4 ‘We’ may treat changes to ‘your’ dates or accommodation as a cancellation of the original booking and if so, ‘you’ will have to pay cancellation charges if ‘you’ decide to go ahead with the change.

13. Full customer cancellations

13.1 This clause does not apply to any cancellations due to government public health measures for Covid-19, which is covered by clause 15 (Cancellations due to government public health measures for Covid-19).
13.2 If ‘you’ have to, or want to, cancel ‘your’ booking after it has been confirmed, ‘you’ must phone ‘us’ on the number shown on ‘your’ booking confirmation as soon as possible. The day ‘we’ receive ‘your’ notice by phone or via ‘your’ online account (where available) to cancel, is the date on which ‘we’ will cancel ‘your’ booking.
13.3 ‘You’ will have to pay a cancellation charge based on the number of days before the arrival date at the accommodation that ‘we’ receive notice, as shown in the table below. This means that if ‘you’ have already paid the full balance of ‘your’ total booking cost and then have to, or want to, cancel, ‘you’ may receive a refund of part of the cost. However, if ‘you’ have not yet paid ‘your’ total booking cost by the time of ‘your’ cancellation, ‘you’ may have to make a further payment to cover the cancellation charge.
13.4 For the purpose of the table below (clause 13.6), total accommodation cost means accommodation rental price plus any extra items charged such as charges pets, highchairs, cots etc..
13.5 The cancellation charges below have been calculated as a genuine pre-estimate of the losses incurred in the event you cancelled ‘your’ booking within the stipulated time period.
13.6 If ‘you’ or a member of your party are prevented from travelling, ‘you’ or the individual party member may be able to transfer ‘your’ or their place to somebody else, introduced by ‘you’, subject to the following conditions.

(i) ‘We’ are notified not less than 7 days prior to arrival;
(ii) ‘You’ pay any outstanding balance payments, an amendment fee of £35.00 for each change as well as any additional fees, charges and other cost arising from the transfer; and
(iii) The person to whom the booking is being transferred agrees to these terms & conditions and all other terms of the contract between “us”

Cancellation table:

14. Cancellations due to government public health measures for Covid-19.

14.1 If ‘you’ have to cancel ‘your’ booking because UK government public health measures imposed as a result of the Covid19 pandemic mean it is unlawful to travel to or to make use of the accommodation ‘you’ booked, you may choose to:

(i) transfer ‘your’ booking to a later date free of any administration charges, subject to availability – ‘you’ will have to pay any difference in price if the cost of the new booking is higher or be reimbursed the difference if the cost of the new booking is lower;
(ii) request a voucher with a redemption value equal to the amount previously paid by ‘you’ for the booking – the voucher terms and conditions will be available to ‘you’ before ‘you’ make ‘your’ choice under this clause; or
(iii) obtain a refund of the amount already paid by ‘you’ for the booking, less any administrative costs which ‘we’ incur in processing ‘your’ refund.

14.2 ‘You’ will have to contact ‘us’ in order to access these options.

15. Part Cancellations

15.1 If any person(s) in ‘your’ party needs to cancel, this will not affect the total cost of ‘your’ booking.
15.2 No refunds are payable in the event that ‘you’ cut short ‘your’ stay.

16. Changes by ‘us’

16.1 ‘We’ do not expect to have to make any changes to ‘your’ booking. However, sometimes bookings have to be changed or mistakes have to be corrected. ‘We’, have the right to do so.
16.2 If ‘we’ do need to make changes, ‘we’ will contact ‘you’ by phone if reasonably possible in the case of a significant change or by email in the case of a minor change as soon as is reasonably practical. ‘We’ will explain what has happened and let ‘you’ know about the change. However, ‘we’ will have no further liability to ‘you’.

17. Cancellations by ‘us’

17.1 If ‘we’ cancel ‘your’ booking or are prevented from providing the accommodation ‘you’ have booked, ‘you’ may choose to:

(i) accept alternative accommodation – ‘you’ will have to pay any difference in price if the cost of the new accommodation is higher or be reimbursed the difference if the cost of the new accommodation is lower;
(ii) request a voucher with a redemption value equal to the amount previously paid by ‘you’ for the booking – the voucher terms and conditions will be available before ‘you’ make ‘your’ choice under this clause; or
(iii) obtain a refund of the amount already paid by ‘you’ for the booking.

17.2 ‘We’ will contact ‘you’ to inform you of these options.

18. Events Beyond ‘Our’ Control

18.1 Except where otherwise expressly stated in these Terms and Conditions ‘we’ will not be liable or pay ‘you’ compensation if ‘our’ contractual obligations to ‘you’ are affected by “Events Beyond ‘Our’ Control”.
18.2 For the purposes of these Terms and Conditions, Events Beyond ‘Our’ Control means any event beyond ‘our’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including epidemics, pandemics and the ongoing effects of the Covid -19 pandemic or similar epidemics or pandemics or natural disasters such as floods, earthquakes or weather conditions which prevent ‘you’ from travelling to the travel destination and/or make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside ‘our’ control).

19. Pets

19.1 Pets are not allowed unless ‘we’ offer pet accommodation on the website. ‘You’ must add ‘your’ pet to ‘your’ party at the point of booking.
19.2 Failure to advise a pet in ‘your’ party will result in a charge for deep cleaning.
19.3 ‘We’ recommend that any dog must have insurance which included sufficient pet liability cover and
‘you’ are always wholly responsible for the supervision and behaviour of ‘your’ pet.
19.4 If ‘you’ take a pet with ‘you’ it is not allowed, on beds or furniture, or in any shared facilities, such as swimming pools or shops.
19.5 ‘You’ must not leave any pets unattended in the accommodation, including any garden, and ‘you’ must keep dog(s) on a lead within the boundaries of an accommodation.
19.6 Children must not be left alone with any animal. Registered assistance dog(s) are allowed in most accommodations featured on ‘our’ website, even if the accommodation description says that pets are not allowed.
19.7 If ‘you’ or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in ‘your’ chosen accommodation, even if it is advertised as a non-pet unit. ‘We’ do not accept any responsibility for an subsequent health reactions.
19.8 It is ‘your’ responsibility to make specific enquiries before booking.
19.9 ‘You’ should also read the information on taking pets on holiday included on ‘our’ website. If there is a charge for taking a pet, ‘you’ will be told at the time of the booking.

20. Maximum Occupancy

20.1 ‘You’ must not allow more persons to stay overnight at the accommodation than you have booked for.
20.2 ‘You’ cannot arrange for visitors to the accommodation without the advance consent of ‘us’.
20.3 ‘You’ must not hold events (such as parties, celebrations or meetings) at the accommodation without the advance consent from ‘us’.
20.4 If ‘you’ do any of the things, ‘we’ can refuse to hand over the accommodation to ‘you’, and/or ask ‘you’ to leave the resort.
20.5 If this does happen, ‘we’ will treat this as ‘you’ are cancelling the booking.
20.6 In these situations, ‘you’ will not receive a refund of any money ‘you’ have paid for ‘your’ booking.
20.7 ‘We’ will not be legally responsible to ‘you’ as a result of this situation (for example, for any costs or expense ‘you’ have to pay due to not being able to stay in the accommodation, such as the cost of finding alternative accommodation).
20.8 ‘We’ are under no obligation to find any alternative accommodation for ‘you’.

21. Liability

21.1 Other than to the extent prescribed by the Resort Proprietors Act 1956, the Resort shall not be liable for loss or damage to any property brought onto Resort property by ‘you’ and you acknowledge that such property will remain under ‘your’ care and control.
21.2 The Resort shall not be liable for any loss of profit, loss of revenue, loss of anticipated saving, loss of business opportunity, damage to reputation or loss of goodwill, loss or corruption of data, loss or damage resulting from third party claims, or indirect or consequential losses suffered by ‘you’.
21.3 The provisions of the Resort Proprietors Act 1956 shall apply in respect of guests who have engaged sleeping accommodation at the Resort, and for all other instances, the Resort’s liability to ‘you’ shall be limited to the sums paid or payable by ‘you’ under the terms of this Agreement at the date of the incident giving rise to any claim.
21.4 Nothing in this Agreement shall limit or exclude the liability of the Resort for death or personal injury suffered by ‘you’ as a result of the Resort’s negligence.
21.5 ‘You’ will be liable for and shall respond directly to all claims for damage or injury caused by ‘you’. In particular, you agree to indemnify the Resort from and against any and all claims by third parties (including the employees, agents, sub-contractors and guests in connection with the Agreement).
21.6 Notwithstanding the foregoing, ‘you’ shall not be liable for claims of death or injury resulting solely by the negligent acts or omissions of the Resort.

22. Termination

22.1 The Resort reserves the right to exclude or eject any person from the Resort property who the Resort reasonably considers to be disruptive to Resort operations, may damage the Resort’s reputation or is otherwise objectionable. In such instances, ‘you’ shall be immediately notified and shall fully indemnify the Resort in respect of any and all claims resulting from the removal of such person from the Resort property.
22.2 Either party may cancel this Agreement by 30 days’ notice in writing at any time, subject to the clause 13.
22.3 Termination is without prejudice to the rights of either party in connection with this Agreement.

23. Force Majeure

23.1 The Resort will not be liable for failure to comply with this Agreement to the extent such compliance is prevented, hindered or delayed by any cause beyond its reasonable control, including but not limited to fire, storm, explosion, flood, Act of God, action of any government or governmental agency, shortage of materials of goods, strike or lock-out, terrorism occurring in the vicinity where the Resort is located, pandemic (“Force Majeure Event”). In such circumstances, the Resort shall use reasonable endeavours to mitigate the effect of a Force Majeure Event on the performance of its obligations including (without limitation):

(i) using reasonable endeavours to offer ‘you’ alternative comparable facilities; or
(ii) cancel the Agreement and refund the amounts already paid by ‘you’ in full and final settlement of all claims, and, in such case, the Resort will have no further liability to ‘you’.
(iii) If a Force Majeure Event prevents, hinders or delays ‘your’ performance of its obligations under this Agreement, ‘you’ may terminate the Agreement immediately by giving written notice to the Resort and receive a refund of full amounts already paid by ‘you’ in full and final settlement of all claims, and, in such case, the Resort will have no further liability to you.

24. Website Detail.

24.1 ‘We’ aim to make sure that information provided by ‘us’ about ‘our’ accommodation and its facilities or services (if applicable) is accurate and complete on the date given. Descriptions are intended to present a general idea of the accommodation and do not constitute any advice or recommendation by ‘us’.
24.2 Not all details of the relevant facilities can be included on ‘our’ website. Furthermore, there may be small differences between the actual accommodation and its description. Occasionally, some facilities or services (if applicable) may not be available or may be restricted. If this happens, ‘we’ will tell ‘you’ as soon as reasonably practical after ‘we’ become aware.
24.3 Where WI-FI is an advertised facility, its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure, not for business purposes.
24.4 We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and services that ‘we’ pass on to ‘you’ in good faith, unless this was caused by ‘our’ negligence. If ‘we’ become aware that such information is not true, ‘we’ will promptly correct it.
24.5 ‘We’ cannot accept responsibility for any changes or closures to local services or attraction mentioned on ‘our’ website.

25. Data Protection

25.1 Each party shall comply with the obligations that apply to it under any applicable Data Protection Legislation.
25.2 The parties agree that in respect of any Personal Data provided by ‘you’ to the Resort for the purposes of this Agreement, ‘you’ shall be the “controller” (as defined in Data Protection Legislation) and ‘we’ shall be the “processor” (as defined in Data Protection Legislation). ‘You’ agree that it shall ensure that the Personal Data it provides the Resort pursuant to this Agreement complies with applicable Data Protection Legislation. The Resort agrees to comply with applicable Data Protection Legislation when processing the Personal Data.
25.3 For the purposes of this clause 25: “Data Protection Legislation” means Data Protection Act 2018, the EU Data Protection Directive 95/46/EC, the EC Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable, any guidance notes and codes of practice issued by the European Commission and applicable national Regulators including the UK Information Commissioner. “Personal Data” means data which relates to a living individual (data subject) who can be identified (a) from that data, or (b) from that data and other information which is in the possession of, or is likely to come into the possession of the data controller and includes any expression of opinion about the data subject and any indication of the intentions of the data controller or any other person in respect of the data subject.

26. Confidentiality

26.1 Each party receiving information from the other party (“receiving party”) shall keep in strict confidence all information which may reasonably be deemed to be of a confidential nature (“Confidential Information”) and have been disclosed to the receiving party by the other party (“disclosing party”), its employees, agents or subcontractors.
26.2 The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Agreement, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Agreement.
26.3 The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction; where such information becomes public knowledge other than through the receiving party’s breach; where the Confidential Information was, is or becomes available to the receiving party on a non- confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement or otherwise prohibited from disclosing the information to the receiving party; or with the disclosing party’s written consent.
26.4 This clause shall survive termination of the Agreement.

27. Waiver

27.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
27.2 No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

28. Parking

Each lodge accommodation comes with one allocated park space.

29. Remedies

Each right or remedy of the parties under the Agreement is without prejudice to any other right or remedy of the parties whether under the Agreement (or any part of it) or not.

30. Housekeeping

Housekeeping services charges are included in payment mentioned above. Housekeeping services shall include but not be limited to change of bedsheets, towels etc.., cleaning of carpet, toilets, furniture and other such housekeeping services shall be done on each change over period (Prior to ‘your’ visit).

31. Severance

If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect.

32. Third party rights

The parties do not intend that any term of the Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.

33. Assignment

Neither party shall assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under this Agreement, nor appoint any sub-agent without the prior written consent of the other party.

34. Entire agreement

This Agreement sets out the entire agreement between the parties in relation to its subject matter and overrides any prior correspondence or representations. All prior correspondence between the parties is superseded by this Agreement and shall be deemed to have no effect.

35. Governing Law

This Agreement is governed by the laws of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

36. Trading Name

Darwin Escapes is the trading name of the holiday resorts in Darwin Escapes Portfolio as listed below:-

• DARWIN (BATH MILL) LIMITED
• DARWIN (DUNDONALD) LIMITED
• DARWIN (KP CLUB) LIMITED
• ALSOP RIVENDALE LIMITED
• DARWIN (NORFOLK WOODS) LIMITED
• DARWIN (PLAS ISAF) LIMITED
• DARWIN (ROSETTA) LIMITED
• DARWIN (SPRINGS COUNTRY CLUB) LIMITED
• DARWIN (STRATFORD ARMOURIES) LIMITED
• DARWIN (THANET WELL) LIMITED
• DARWIN (SANDYMOUTH) LIMITED
• DARWIN (MULLION COVE) LIMITED
• DARWIN (HAWKCHURCH) LIMITED
• DARWIN (TILFORD WOODS) LIMITED
• DARWIN (WOODSIDE COASTAL RETREAT) LIMITED
• DARWIN (NORTH WEST) LIMITED
• DARWIN (CANTERBURY FIELDS) LIMITED
• DARWIN (WAREHAM FOREST) LIMITED
• DARWIN (KESWICK REACH) LIMITED
• DARWIN (CHEDDAR WOODS) LIMITED
• DARWIN (BLENHEIM LODGE RETREAT) LIMITED
• DARWIN (WOODSIDE BAY) LIMITED
• DARWIN (BEACH COVE) LIMITED
• DARWIN (KP CLUB) LIMITED