Terms & Conditions

Amendments to these terms

We may, from time to time, amend them. In this case, we will post the new terms here.

RESERVATIONS

In order to avoid any misunderstandings regarding reservations, the following are our terms and trading conditions. All reservations are accepted based on these terms and conditions.

When booking an activity or experience with one of our recommended suppliers, you will be agreeing with that supplier and will be bound by their terms and conditions. We shall not be responsible for their safety standards, quality or delivery of the event or experience or any loss or damage suffered as a result.

We reserve the right to amend these terms and conditions at any time, and you should, therefore, check them each time you make a reservation. The terms and conditions applying to your reservation will be those in place on the date that you make your reservation.

Making a Reservation
All reservations made at the hotel are held on an option basis until the hotel receives confirmation.

You must be at least 18 years old to make a reservation. Those under 18 years old are not permitted to stay unless a parent or guardian is also staying in the hotel.

Confirmation
In order to confirm a reservation, a debit or credit card is required as a guarantee. We will confirm our acceptance of your reservation by sending you an email to the email address that you provide during the reservation process. The contract between us for the provision of your room and any additional services added to your reservation will be formed when you receive this email confirmation from us.

Deposits
The hotel reserves the right to require payment of a deposit to a predetermined amount, as specified at the time of reservation to secure all bookings. In the event that a cancellation fee needs to be implemented, the deposit becomes non-refundable and will be set against the cancellation fee. The balance will be charged to the credit card used to guarantee the booking.

Pre-authorisation
On arrival at the hotel, guests may be required to provide a credit/debit card for pre-authorisation which will be the equivalent to the total amount outstanding for the accommodation. The pre-authorisation is not a charge, and no funds will be debited from your account until your departure. For further details about pre-authorisations please ask at reception or call the hotel prior to arrival.

Cheques
Cheques and travellers’ cheques are not accepted as payment.

Passports
All non-UK travellers must present a passport on arrival to the Reception

Bedroom Cancellation Policy
Fully flexible with free cancellation up to 4pm, 3 days before arrival. After this the full stay will be charged. No deposit needed, simply provide a credit/debit card to secure your reservation with a pre-authorisation taken ahead of arrival for card validation.

If you decide to shorten your stay you must inform us 3 days before arrival. Otherwise, you will be charged for the full stay.

Cancellation Policy - Advance Purchase
Pre-payment to secure our best rates at the time of booking. Payment is non-refundable and non-transferable. With this in mind, it may be advisable to take out holiday insurance.

Cancellation Policy - Booking Provider
Please see the cancellation policy with your booking provider for full terms & conditions. Cancellations must be placed through your booking provider.

Our right to cancel
We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:

You do not pay us when you are required to do so; or
you breach the contract between us in any way; or
You have previously breached the contract between us in any way.

If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract. Where your stay had/has not yet commenced, the total payment made or to be made by you for such room shall be deemed a cancellation charge and is not for any service.

We may also cancel your reservation if an event outside of our control (including industrial action, explosion, outbreak of disease, health and safety issues, fire, flooding, and failure of power and/or water supplies or emergency evacuation) means that we are unable to make your room available to you. In this case we will contact you to let you know as soon as possible and:

(a)if you have already paid for your room, we will refund your payment to you; or

(b)if you have not yet paid for your room, you will not have to make any payment to us.

Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside of our control. This does not affect your statutory rights.

Rates
All rates quoted are inclusive of 20% VAT.

We make details of Rates including, where applicable, promotional Rates and other special offers available on the Hotel website, at the Hotel reception and/or by email or post.

Additional charges may apply for other Services including, but not limited to, [car parking, meals, drinks, room service, use of wireless internet access, leisure, fitness or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities]. We will inform you of Rates payable for such additional Services on request when you arrive at the Hotel.

We may alter any of our Rates without prior notice but if the Rate of any Service increases between the time when you make a booking and the date when the booked room accommodation or other Service is to be provided, any increase in the Rate will not apply to your booking.

Group & Multiple-night Bookings
N.B room nights are: number of rooms x number of nights (e.g. 6 rooms x 3 nights = 18 room nights).

10 – 20 room nights in total

Fully flexible with free cancellation up to 4pm, 14 days before arrival. After this the full stay will be charged. No deposit needed initially, simply provide a credit/debit card to secure your reservation with the full payment taken 14 days before arrival.

4+ rooms per night or 20+ room nights in total

Payment for the full stay is required when booking to secure your reservation or contracted under our Group Terms & Conditions. Payment is non-refundable and non-transferable. With this in mind, it may be advisable to take out holiday insurance.

SPA

The Spa reserves the right to alter your treatment times on the day if necessary. We endeavour to inform you of any changes prior to your arrival.

Please note that all treatment times include a health questionnaire, set up and your chosen treatment.
We kindly request that mobile phones are kept on silent or switched off in the spa relaxation areas.
No photography is permitted in the changing rooms and on poolside.
The Imperial Torquay will not be liable for damage, injury or consequential loss, however caused, to our customers, their property and belongings unless it is solely due to the negligence of the Company, its employees or agents.
Offers cannot be used in conjunction with one another and are subject to availability.

Arrival Time – Please allow sufficient time prior to your treatment to complete a health questionnaire. We advise that you arrive up to 15 minutes before your treatment so that you can change, relax and enjoy our facilities. Please be advised that any late arrival will result in the reduction of treatment time.

Spa Medical Consultation - At Imperial Torquay your health and safety is our number one priority, so if you are currently living with any medical conditions, are currently pregnant or have any allergens please let us know prior to your arrival. In particular we request that you draw our attention to any of the following conditions; cardio or respiratory conditions, high and low blood pressure, epilepsy, diabetes, pregnancy, skin conditions, cancer diagnosis, thyroid problems or recent operations. A full consultation will be completed with you before your treatment, but please note that if any contra-indications are found we may have to change or cancel your treatment.

Pregnancy - Please note that we do not offer body treatments for women who are 1-12 weeks pregnant. We have specifically designed treatments for expectant women so please allow our spa and leisure team to guide you in selecting which treatments are most suitable for you. We do not recommend the use of the sauna, steam room or spa pool facilities within the Leisure Club. If you need further guidance, please ask any member of the Spa Or Leisure Team.

Allergens -Spa Treatments – Guests with nut allergies should consult medical advice if they are concerned about the use of ESPA cosmetic products. Spa Days - Some of our food and drinks included in Spa Day packages my contain nuts and other allergens. Please speak to us before placing an order so that we can advise you on your choice. Our kitchens and bars handle all allergens and used shared equipment, so unfortunately, we cannot guarantee to be trace free. Our vegan recipes are prepared with vegan ingredients but these may still contain traces of all allergens.

The Age requirement is 16 years and over for access to Spa treatments. Guests who are 16-17 years old should be accompanied by a person aged over 18 years.

Spa Treatment Payment - Full pre-payment is required at the time of booking for all individual treatments, all treatments are subject to availability.

Spa Day Payment - Full pre-payment is required at the time of booking for all day packages. All spa day and treatment times are subject to availability.

Method of Payment - Fees include VAT. Treatments will be charged at the rate as of the date of booking. We accept all major credit cards. Gift vouchers must be presented on the day of your visit and verified over the phone at the point of booking. Failure to present the voucher on the day will result in an alternative payment being requested.

Treatment & Spa Day Cancellations - Cancellations must be made no later than 48 hours prior to appointment. If your appointment has to be cancelled or amended within 48 hours of arrival, we regret you will incur full charge. If we are able to re-sell, charge will not apply. If you do not attend your appointment without letting us know beforehand, you will be charged in full.

CHILDREN: Children of all ages are welcome to stay at the hotel and infants (aged 0 - 2) stay for free. Children (aged 3 - 16) will be on the same rate (e.g. bed & breakfast) as the adults on their reservation.

RESTAURANT RESERVATIONS

Meals are not included in the room price.

If you or any of your party or guests have any special dietary requirements, you should inform us of them in advance of your arrival. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell you that we are unable to do so.

YOUR OBLIGATIONS

You must not:

be threatening or abusive to any of our team before, during or after your stay;
smoke anywhere inside the hotel premises. This includes the smoking of e-cigarettes.
engage in any unlawful activity during your stay;
[bring any pets into specified food rooms within the hotel, with the exception of assistance dogs;]
bring any potentially dangerous or hazardous materials or equipment onto the hotel premises;
remove, damage or destroy any hotel property;
use any of the technology provided by the hotel to download or access any unlawful or obscene material.

If you or your group cause damage or loss of any kind to the Hotel, other guests or their property, you as the Guest who is making the booking will be responsible for that damage or loss and you shall be liable to pay to us on demand the amount required to make good or remedy such damage or loss.

If you or your group caused damage to the Hotel, other guests or their property, or otherwise breach any of these terms or conditions, we reserve the right to:

cancel your reservation with immediate effect and (if appropriate) require you to leave the Hotel;
restrict access to the Hotel;
remove your items from the room and the Hotel, disposing of such items in the event that you do not collect them within 7 days of removal;
retain all sums paid by you and/or charge you the full amount of your reservation;
refuse future reservations from you and/or refuse you entry or accommodation to the hotel.

CHRISTMAS & NEW YEAR'S EVE: A non-refundable deposit of £500 is required to secure the reservation with full pre-payment by 1st November for both our Christmas package and New Year package. In the unfortunate event you have to cancel your confirmed booking after 1st November, the full package rate will be charged. With this in mind, we do strongly suggest that you take out holiday insurance.

GENERAL

We keep your personal data safe and secure. Full details about how we use your data are set out in our Privacy Notice which is available here (click link for further details).

This contract formed when we confirm your reservation is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If you are a non-business customer, you have certain rights under consumer protection legislation. Nothing in these terms and conditions is intended to affect those rights.

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

We shall not be in breach of these Conditions, nor shall we be liable for any delay in performing, or failure to perform, any of our obligations under these Conditions if such failure or delay results from event, circumstances or causes beyond our reasonable control. Such causes include, but are not limited to power failure, internet service provider failure, fire, flood, storms, earthquakes, acts of terror or any other event that is beyond our control.

If we breach these terms and conditions for reasons within our control, we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.

Save as prohibited by applicable law, we shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, for any indirect or consequential losses including:

loss of income, sales or revenue;
loss of business;
business interruption;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of reputation and/or goodwill; or
wasted management or office time.

Where we are liable to you (save as prohibited by applicable law) our maximum liability to you whether in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation.

These terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by and construed in accordance with English law.

If you are a consumer, you and we both agree that the courts of England and Wales will have [non-exclusive jurisdiction] over any claim arising from, or related to, your reservation. We retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.

If you are making a business reservation, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to your reservation and/or stay at the hotel.

If any part of these terms and conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.

All rights not expressly granted in these terms and conditions are reserved.

COMPLAINTS

We always welcome feedback from Guests and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about our Services or any other complaint about the Hotel or any of our staff, please raise the matter with the hotel General Manager who can be contacted at the Hotel by post The Imperial Torquay, Park Hill Road, Torquay, Devon, TQ1 2DG, phone 01803 294 301, or email at info@theimperialtorquay.co.uk.

Contact Information
For any inquiries or concerns related to voucher usage or these Terms and Conditions, please contact info@brownswordhotels.co.uk,