Conditions of Use
NOTICE: Please read these terms and conditions carefully. They set out the terms under which The Falstaff in Canterbury website (i.e. the web sites and portals operated by Westgate Hotel Ltd (eg “thefalstaffincanterbury.com”) together with the content, search facilities, directory services, email, forums, newsgroups and other internet services provided by The Falstaff in Canterbury from time to time, in respect of which additional terms and conditions may apply) is made available to you. These terms of use apply to members and to visitors to The Falstaff in Canterbury web sites. By accessing The Falstaff in Canterbury website whether as a member or as a visitor you agree to be bound by these terms and conditions.
Nothing on The Falstaff in Canterbury website shall be construed as conferring any license under any of The Falstaff in Canterbury or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
Content and liability disclaimer
The Falstaff in Canterbury shall not be responsible for any errors or omissions contained at this Web Site, and reserves the right to make changes without notice. Accordingly, all The Falstaff in Canterbury and third party information is provided “AS IS”.
The Falstaff in Canterbury DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING ANY SOFTWARE) PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall The Falstaff in Canterbury be liable for any damages whatsoever, and in particular The Falstaff in Canterbury shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any The Falstaff in Canterbury Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
The information presented in, but not limited to, the discussion forums and venue reviews that may be supplied by visitors to The Falstaff in Canterbury and do not necessarily represent the views of The Falstaff in Canterbury.
Terms & Conditions of Hotel use
Liability
Guests’ liability for their account is not waived and guests agree to be held personally liable in the event that any indicated person, group, company or association fails to pay all or part of any charges incurred.
Damage to hotel property
We reserve the right to charge guests the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the guest to the hotel’s property or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address. We will however 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 the guest would incur to a minimum.
Removal of hotel property
We reserve the right to charge guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact that the item is missing come to light after the guest has departed, we reserve the right to make a charge to the guests credit / debit card, or send an invoice for the amount to the registered address.
Tampering with fire detection systems and fire fighting equipment
We reserve the right to take action against any guest found to have tampered / interfered with any fire detection equipment throughout the hotel, including detector heads in public areas and bedrooms, break glass points and fire extinguishers. Guests found to have tampered with any fire detection or fire fighting equipment will be charged with any costs incurred by the hotel due to their actions and additionally may be asked to leave the hotel. Depending on the severity of the guest actions, the Police may become involved at the hotel’s discretion. Should the fact that fire fighting or detection equipment had been tampered with come to light after the guest has departed, we reserve the right to make a charge to the guests credit / debit card, or send an invoice for the amount to the registered address.
Inappropriate behaviour
It is the hotel’s policy that all our guests have the right to be treated with dignity and respect and as a responsible host we believe that we have a duty to our guests to protect them from inappropriate behaviour. Should any actions by a guest be deemed inappropriate by the Duty Manager, or if any inappropriate behaviour is brought to the attention of the Duty Manager, the hotel reserves the right, after any allegations have been investigated, to take action against the guest. Depending on the severity of the guest actions, the Police may become involved at the hotel’s discretion, or guests may be asked to leave the hotel.
Lost / Damaged property
Should any guest lose any belongings during their stay or incur damage to their property, the provision of the Hotel Proprietors Act 1956 will apply, a copy of which is displayed in reception. If we find any lost property, we will make every reasonable effort to locate the owner and return it, but if we cannot locate the owner and an item is not reclaimed with 3 months of the guest’s departure it will be disposed of by the hotel.
Check in / Out times
Check in and Check out times are explained when bookings are made. Any extension to the check out time, either pre-arranged or as a late departure, may incur a charge upon departure.
Vehicles
All vehicles are parked at the owners’ risk. Should a problem occur with a vehicle in the hotel car park, the hotel cannot accept any liability. If a vehicle is left in the hotel car park for more than 8 hours after the guest has departed without the written consent of the hotel, the hotel reserves the right to remove the vehicle at the owners’ expense.
Nothing in these terms or conditions shall limit or restrict the guests’ legal rights as a consumer. Advice concerning such rights may be obtained from a Citizens Advice Bureau.
Child Policy
The Falstaff in Canterbury recognize children as being 12 or under. Please be aware that individuals over 12 will be classed as adults and charged accordingly on arrival.
Main Provisions of The Hotel Proprietors’ Act 1956
Definition of an hotel
The Act defines an hotel as “an establishment held out by the proprietor as offering food, drink and, if so required, sleeping accommodation, without special contract, to any traveller presenting himself who appears able and willing to pay reasonable sum for the services and facilities provided and who is in a fit state to be received.”
Hotelier’s responsibility for guest’s property
The proprietor of any hotel has a duty to take reasonable care of the property of his guests brought to the hotel, whether resident or not. If it is lost or damaged through the negligence of the hotel, the proprietor may be liable. In addition to this duty, which an innkeeper has in common with others who are not innkeepers (private hoteliers), an innkeeper has, in certain circumstances, strict liability for the property of his resident guests.
The proprietor can avoid his liability only if he can prove that the loss or damage was caused by the guest’s own negligence, or by an Act of God, or by an Act of the Queen’s enemies.
Innkeeper’s strict liability
This liability, which applies only to innkeepers, whether they have been negligent or not, extends to the loss or damage of guests’ property only if at the time of the loss or damage sleeping accommodation had been reserved for the traveller; and the loss or damage occurred between the midnight immediately preceding and the midnight immediately following his stay at the hotel.
The strict liability does not apply to vehicles or property left in them, horses or other live animals or their harness or other equipment, although the innkeeper still has a duty of reasonable care for them. As strict liability no longer applies to these items, the innkeeper no longer has a right to detain them as security for unpaid bills.
Limitation of strict liability
The innkeeper’s strict liability is limited to £50 for any one article and to £100 in respect of any guest, if he exhibits a copy of the statutory notice, given in the Act, and in the way prescribed by the Act. If a copy of the statutory notice is not displayed, or not displayed as laid down by the Act at that time when the property was brought to the hotel, the innkeeper loses the protection of limited liability and becomes fully liable for the whole amount of the loss or damage.
Innkeeper’s full liability
In addition to full liability arising when the innkeeper does not display a copy of the statutory notice as laid down by the Act, the innkeeper loses the protection of limited liability and becomes fully liable for the whole amount of the loss or damage if the property was stolen, lost or damaged through the default, neglect or wilful act of the proprietor, or his staff; or was lost or damaged whilst expressly deposited for safe custody; or was refused for safe custody, or through some other default on the part of the innkeeper or his staff, it was not possible to deposit it for safe custody.