These terms and conditions were last updated on 14.02.2023
1. Introduction
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
3. Cancellation Policy
3.1 Bookings can be cancelled up to 48 hours* before 1:30 on the day of check in without additional charges payable. Bookings cancelled less than 48 hours of check-in are liable to 100% of the booking total.
*Please note this is for bookings made directly with 40 Winks Team. If you have booked via a third-party website such as booking.com you are subject to their cancellation policy which is outlined at the time of booking. Failure to arrive for your booking will incur payment of the full amount of the reservation which will be charged to the card details used to secure the original reservation.
4. Arrival & Departure
4.1 Bedrooms will be available for use from 14:30 onwards. Rooms should be vacated by 10.30am on the day of your departure.
5. Parking
5.1 There is very limited parking around 40 Winks however there is on street parking available around the hotel. Parking Meters are in use from 8am to 2pm. Please also note the road is not easily accessible for larger Trucks and wide Vans.
6. Dining Room
6.1 Our breakfast menu is available between 7.30am – 10.00am on week days and 8.00am – 10.30am at the weekend.
7. Cancellations
7.1 Bookings can be cancelled at any point and might incur charges. Bookings cancelled 5 days before check-in are subject to a 50% charge, Bookings cancelled less than 48 hours of check-in are liable to 100% of the booking total.
7.2 If cancelled more than 5 days before your reservation there will be no charges. *Please note this is for bookings made directly with 40 Winks Team. If you have booked via a third-party website such as booking.com you are subject to their cancellation policy which is outlined at the time of booking.
7.3 Failure to arrive for your booking will incur payment of the full amount of the reservation which will be charged to the card details used to secure the original reservation.
8. Settlement of Account
8.1 Settlement of your account for any additional costs are payable by cash or card upon departure. All room charges and additional costs must be paid for at check out. The card used to secure the reservation will usually be deducted Prior to check in. In some circumstances we may take payment on arrival. In Exceptional instances we may take payment upon departure. This is to allow a smooth Check in and Check out.
9. Smoking Policy
9.1 For the comfort and safety of all guests, we are an exclusively non-smoking establishment.
9.2 In the event of any guests being caught smoking on 40 Winks premises, a surplus charge of £250 will be added to said guest’s bill to cover the cost of any cleaning needed.
9.3 In the event of the fire alarm being triggered by a guest smoking at 40 Winks, an additional charge of £500 will be added to said guest’s bill to cover the cost of the fire brigade call out.
10. Damage To Our Property
10.1 We reserve the right to charge guests the cost of rectifying damage which has been caused by the deliberate, negligent, or reckless acts of guests to the hotel’s property or structure. If such damage is discovered during the stay it will be drawn to the guest’s attention but if discovered after guests have departed then we reserve the right to make a charge to the guest’s credit/debit card, or send an invoice for the costs for payment to the registered address.
10.2 We will make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs that guests would incur to a minimum.
11. Liability
11.1 The liability for guests for their account is not waived and guests agree to be held personally liable for any charges incurred during their stay.
11.2 In the event of a booking for more than one room (a group booking) the lead or registered guest (the lead guest) providing credit/debit card details is personally liable for any person, group, company or association that fails to pay all or part of such charges.
11.3 CCTV is in operation at 40 Winks Inside and Outside.
12. Events Outside Our Control
12.1 We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
13. Licence
13.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
13.2 This licence allows you to download and cache (using your browser) individual pages from our website.
13.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
13.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
13.5 Our website cannot be placed within the frame-set of another site.
13.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
13.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
14. Copyright
14.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
14.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
15. User Generated Content
15.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
15.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
15.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
15.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore, the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
15.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
15.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
15.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
16. Limitations and Exclusions of Liability
16.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
16.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
16.3 All indirect, consequential or special losses or damage are all excluded.
16.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
16.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
16.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
16.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
16.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
17. Indemnity
17.1 By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
18. Variation
18.1 We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
19. Assignment
19.1 We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
20. Severability
20.1 The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver
21.1 Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
22. Third Parties
22.1 These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
23. Entire Terms & Conditions
23.1 These terms & conditions set out the entire agreement and understanding between you and us.
24. The Consumer Rights Act 2015
24.1 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
25. Your Statutory Rights
25.1 Where acting as a consumer your statutory rights are unaffected.
26. Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact details are as follows:
40 WINKS DURHAM LTD
40 South Street, Durham, DH1 4DB
Email: [email protected]
Telephone From within the UK: 01913803000
Company registration number: 13076666