Terms and Conditions

1. BOOKING YOUR HOLIDAY

1) Our agreement is a legal contract and begins when we receive your full completed Booking Form or signed Holiday Quotation and your payment has cleared or has been received from your travel agent. It ends when all members of your party have left your chosen location, including any extensions of time to your original booking.

2) When a booking is made with a credit/debit card by telephone or online, a Holiday Quotation will be sent to you and the agreement will take effect when this has been signed by you and returned. If this is not signed and returned within ten days of its dispatch, or the start of your Holiday if this is earlier, you will be deemed to have accepted the arrangements and our agreement will take effect.

3) When completing the booking, we need to know Your name and address. The names and addresses of all the members of your party, plus their age or date of birth and relationship to allow allocation of appropriate accommodation. This is required for membership to the Pontin’s Holiday Club (see 20 below).

4) Please note that only guests listed on the confirmation of booking may occupy the accommodation. If any other people are found in occupation, Pontin’s will end the agreement and all persons in the accommodation will be asked to leave the Park immediately and no refunds will be given.

5) Our agreement is between Pontin’s Ltd., Ainsdale House, Shore Road, Ainsdale, Southport, PR8 2PZ and you (the first named person on the Booking Form/Holiday Quotation) and binds you and all members of your party to comply with the terms of the agreement. It is your responsibility to ensure that all members of your party are aware of and comply with the agreement. You must also tell us if there are any changes to your party or to the health of anyone in your party which might affect their ability to take the Holiday.

6) Our agreement includes: The whole of the current brochure when you booked and if applicable, the contents of any promotional literature; All written communications between us; Your Booking Form or Holiday Quotation; Rules and notices applying to and displayed at your Holiday location

7) Separate agreements will be formed between us for facilities or activities not included in the price of your Holiday and any conditions of use/participation will be notified to you.

8) Our agreement is governed by English law and is subject to the non-exclusive jurisdiction of the Courts of England and Wales. Please also note the provision stated in the ‘Our Liability to You’ section of this agreement. Should any of the terms of our agreement be officially declared void or unenforceable, all other part of our agreement will remain in full force and effect, where possible.

Our Right to Decline a Booking

9) For the protection and enjoyment of all guests, we reserve the right to ask for information about any member of your party including age, gender, address and previous visits to Pontin’s locations. If we believe that a Holiday is unsuitable for any particular group, we will decline a booking at our sole discretion.

Infectious or Contagious Medical Conditions.

10) If we believe that it is necessary to protect the health of other guests and staff, we will cancel a booking if you or any member of your party has or just had an infectious or contagious medical condition. During a Holiday, we will ask any, or all of you to refrain from participating in certain activities, or ask you to leave your Holiday location immediately should we in our sole discretion consider it necessary. You should inform us immediately should any such condition develop within four (4) weeks of your arrival or whilst you are on Holiday with us.

Special Requests

11) A special request will only form part of our agreement when we have confirmed it in writing.

Important Advice for Guests with a Disability

12) We welcome guests with disabilities and aim for our services to be accessible to all where reasonably possible. It is important that you tell us at the time of booking if any member of your party is ill or has any form of disability or incapacity, so that we can consider any reasonable adjustments prior to concluding your booking. You are required to update us with any change in circumstances prior to and during your Holiday.

13) For further information regarding special facilities or adjustments we maybe able to make, please call 0845 458 8584, between 9.00am and 5.30pm Monday to Friday (except Bank Holidays).

The Price of Your Holiday.

14) The cost of your Holiday is the price that we quote and you accept at the time you make payment on your booking. The price includes accommodation and meals as booked, membership of Pontin’s Holiday Club and all facilities listed as free at your chosen location at the time of your Holiday.

15) The prices shown in the brochure and our other publications are an indication only and include VAT at the rate appropriately advised by the Government for that period at the time the brochure was sent to press.

16) If any such change means your paying more than 10% on the cost of you Holiday, you will be entitled to cancel your Holiday with a full refund of all monies paid, except for insurance and amendment charges.

17) If our costs change as a result of increased Government Taxation or Supplier charges, Pontin’s reserve the right to apply a surcharge to your booking and will ensure that you are promptly notified of any additional payment require 7 days before the commencement of your Holiday.

Taxation

18) All prices quoted to you on your Holiday Quotation and by telephone are inclusive of VAT unless contrary is indicated. We reserve the right to increase the price quoted to you should the appropriate rate of VAT for the transaction increase.

19) Any such additional levies must be paid within 7 days of despatch of the relevant invoice to you, failing which we will be entitled to cancel your Holiday without any further liability to you and without compensation.

Pontin’s Holiday Club

20) It is a legal requirement that all guests must be members of Pontin’s Holiday Club to enjoy the facilities we offer. As soon as we receive full names and addresses of all members of your party, enrolment is automatic. Proof of identity at the address given on the booking form may be requested as part of random security checks from time to time. Bingo is operated by Pontin’s Bingo Ltd

2. AMENDING / CANCELLING YOUR BOOKING

21) Should you wish to amend your booking in any way, please ring us immediately. We will then do our best to make the necessary arrangements for you and if we can meet your requirements, a revised Booking Confirmation will be forwarded. We reserve the right to charge £10 for each amendment.

22) If you need to cancel your Holiday, call your chosen Holiday location or see you local travel agent and immediately confirm the cancellation in writing.

23) If we receive your written cancellation 56 days or more before your Holiday start date, there will be no costs other than the deposit which is a non-refundable booking fee.

24) If we receive your written cancellation in 55 days or less before your Holiday start date, you will be liable to pay us the whole cost of your Holiday. It is very important that you are adequately insured.

25) If you have not arrived by 4.00pm on the day after your Holiday was due to commence or contacted the Park to confirm when you will arrive, we will assume that the Holiday is cancelled and all the money received will be forfeited.

3. CANCELLATION BY US

26) We reserve the right to cancel or terminate your Holiday and that of the rest of your party at any time: • We may cancel your booking if your balance is not paid by the balance due date; or • Should we in our sole discretion consider your conduct, or the conduct of any member of your party, is likely to pose a danger or impair the safety, comfort or environment of our other guests, our staff or other members of the public or be likely to do so; or • If you have failed to disclose any material facts to us when booking your Holiday or in any communications with us; or • If you or any of your party fail to comply with any of the terms of our agreement. In the above circumstances no refunds or compensation will be given.

27) Should we cancel your Holiday in circumstances other than those detailed above we will offer you the choice of: • A full refund; or • A substitute Holiday, if possible. Should the substitute Holiday be of a lower quality, we will compensate you for the difference in the value between the Holiday you have booked and the substitute. Should the Holiday be of a higher standard, then we reserve the right to charge you the difference in cost between the two holidays. We may also pay you compensation, if appropriate, except where we cancelled due to: • Unexpected circumstances beyond our control as permitted by law or • Insufficient bookings.

28) If there are insufficient bookings for a Holiday, we reserve the right to cancel and let you know at least 7 days before the start date of your Holiday.

4. BOOKINGS TAKEN FOR MAJOR PUBLIC HOLIDAY DATES

29) Please note that bookings for holidays commencing during major Holiday periods are subject to a maximum of eight people per booking. Members of the same family and/or friends who are previously known to each other/ travelling together or residing at the same address will be treated as one booking for the purpose of this part of our agreement, irrespective of whether separate booking have been made. Groups of 9 or more persons should provide their name, address and proof of residence to their Holiday advisor who will then contact the relevant Holiday Park before the booking may be confirmed. We reserve the right to cancel any booking if you do not comply with this condition and we will require all members of your party to leave the Park without compensation or refund of monies paid. 30) Please note that all adults booked during the above periods must provide proof identity at the address given on the booking form without exception.

5. OUR LIABILITY TO YOU AND OTHER IMPORTANT INFORMATION

31) We accept responsibility for death, injury or illness only when caused by the negligent acts and/or omissions of our employees, agents, suppliers and subcontractors whilst acting in the course or scope of their employment with us.

32) In all cases, except personal injury or death, our liability to you is limited to the total cost of the relevant person’s Holiday, if taking a Holiday charged on a per person basis or the relevant pro-rata proportion of the cost (excluding insurance premiums and amendment charges) if taking a Holiday charged on a per apartment tariff.

33) Where we make any payments to you or any members of your party in the above circumstances, you or they must then assign to us or our insurers and rights you or they may have to pursue any other third party. You must also provide our insurers and us with all assistance required.

34) Photography (still, digital (including mobile phone handsets) and video) is not permitted in any changing rooms or pool areas. Only non-intrusive media photography of your own party and friends is permitted on our Park. We reserve the right for ourselves and appropriate third parties (for example Police) to enter your apartment at any time for any reasonable purpose, for example, to make checks, carry out essential inspection, maintenance work or repairs.

35) No members of the press or media may be invited onto our property without express written permission from our Press Office. You may not use photographs of our premises, facilities or staff for publication or for financial gain or similar purposes without our written consent, such consent not to be unreasonably withheld. Members of staff have the right to refuse to be filmed or photographed. Please be aware that from time to time we may film anywhere on our Park for promotional, security and other purposes. Please ensure that you are aware of the positioning of cameras at all times. If you do not wish to appear on any promotional films, pictures or other materials please inform us before your Holiday starts.

6. DATA PROTECTION

36) By entering into this agreement, you understand that the details provided will be used in booking and providing your chosen Holiday; for related purpose including marketing and for providing selected organisations with your details so that they can provide you with information about products and services which may interest you. You also confirm that you have the consent of your party members to make their data available for the above purposes. You can withdraw your consent for the above at any time by writing to the Direct Marketing Department at address shown in (5).

7. BROCHURE AND ON-LINE ACCURACY

37) (a) All information, pictures and descriptions have been compiled from up-to-date and accurate information at the time of going to press. However, as we are continually striving to improve our Holiday locations, you may find that new facilities are on offer, some facilities may be closed or work may be carried out in segregated areas in your Holiday location during your Holiday. (b) All performing artists mentioned are scheduled to appear as advertised, however Pontin’s Ltd reserve the right to make amendments without prior notice if scheduled artists are unable to perform.

8. PONTIN’S POUNDS

38) If applicable to your booking, Pontin’s Pounds are a face value voucher and can only be used by the person to whom they have been issued and those people accompanying him/her on the Holiday. They will only be accepted at participating locations in the licensed clubs, bars, food outlets, Pontin’s Character Stores, Trick ‘n’ Treats and Leisure Activities and cannot be exchanged for cash nor will change be given. Pontin’s vouchers will not be accepted for the purchase of products from the Nisa Today’s Stores or as a deposit for goods, services or future Holiday bookings. A Pontin’s Pounds voucher has a nominal cash value of 0.0001p

9. CONTINUATION OF CONTRACT TERMS

39) Should any of the terms of our Contract be officially declared void or unenforceable, the remainder of our arrangements shall remain, where possible in full force and effect.

10. SUPLEMENTARY TERMS AND CONDITIONS FOR GROUP BOOKINGS AND TOUR ORGANISERS

40) The following arrangements shall apply in addition to or in substitution where the terms detailed above deal with the same or similar issues.

Contract Formation

41) You must notify us on booking if you are booking on behalf of a group or if you are a tour organiser. We may require you to enter into a separate contract with us on terms different to those detailed in this brochure.

42) The terms of this Agreement bind the Organiser and all members of the party holidaying under the arrangements detailed in this Agreement and it is the Organiser’s responsibility to ensure that each member of that party is aware of, and accepts, the whole of this Agreement and the obligations contained in it.

43) Unless you have a Credit Agreement or alternative arrangements agreed with us in writing, our Agreement will be made between us when your first payment has cleared to us.

Amendments

44) By You – Please note that should you reduce the size of your party below the minimum specified by our Contact Centre, then we reserve the right to apply further supplementary charges. You must pay any invoices you receive for supplementary/ amendment charges within 14 days of its issue to you.

45) By Us – Where we are entering into an Agreement with you on a business to business basis, we reserve the right to amend the following aspects of our Agreement on 7 days written notice to you (a) Change the room allocation reserved by you. (b) Relocate you and your party to another Centre. (c) Reduce the size of your party. (d) Make other changes for operational reasons, for example but not limited to those resulting from Special Events or refurbishment. Included in the Cost of Your Holiday

46) Included in the cost of your Holiday(s) are (subject to the terms of this Agreement) accommodation, meals as booked and all of the facilities listed in our correspondence with you or where relevant in the description of you chosen Holiday location as free of charge in the main brochure. Your Obligations to Us

47) You must provide us with a list indicating the names, addresses of all of the members of your party when paying the balance or full amount for your Holiday. Any special needs indicated by you at the time of making your reservation should also be indicated next to the relevant persons’ names in order that appropriate arrangements can be made.

48) You must also, no later than 24 hours before your Holiday start date, provide us with any amendments to the list that you have supplied. We do not accept any liability for any matters not detailed to us by this time limit. These details should be forwarded to the Sales & Reservations Co-ordinator at your chosen Holiday location.

49) If the holidays that are the subject of this Agreement are to be advertised in anyway whatsoever, we require you to supply full details of the same to us for our advance approval in writing. You hereby agree to indemnify us against all costs, claims, liabilities, expenses, direct and indirect losses we incur following you breach of this requirement, our Agreement with you and the law.

11. THINGS YOU NEED TO KNOW

Care of Your Possessions

50) It is your responsibility to look after and care for your possessions, valuables and money whilst on Holiday with us. You should not leave valuable items unattended in your accommodation or elsewhere and we suggest you do not bring such possessions on Holiday unless absolutely necessary. We cannot accept any liability for loss or damage unless due to our negligence.

51) We recommend that you have comprehensive insurance and use any safe deposit facilities we offer (subject to availability).

52) In case of any loss, please contact Reception. After the Holiday, the return of any lost property will incur a charge for postage and packing. Children and Young People

53) Children under 18 should be supervised by an adult member of your party at all times and in particular in our entertainment areas after 10.00pm.

54) All relevant legislation will be enforced rigorously. It is our policy to refuse to sell cigarettes to children under the age of 18, or solvent substances or alcohol to anyone under 18 or to allow anyone under 18 to use gaming machines.

Holiday Park Rules

55) The following rules apply at all of our holiday locations and other local rules may apply: 1 You may not bring or use portable heating appliances of any typing accommodation. 2 Alcoholic and other beverages purchased elsewhere must not be consumed in licensed bars. 3 Abuse of alcohol is not permitted. 4 Excessive noise or rowdy behaviour is not permitted. 5 Offensive or illegal behaviour will not be tolerated and may result in the involvement of the Police. 6 You must not commit or attempt to commit any illegal act. 7 For domestic waste, you must use the litter bins and, where provided, bottle banks. Please contact Reception to arrange for the disposal of other waste including clinical waste, sharp objects, broken glass and other items which could cause personal injury. 8 You must keep to the roads and footpaths provided and abide by all applicable speed limits

Damage to Our Property and Compensation

56) You must use your accommodation and other facilities with care and on departure; leave it in a clean and tidy condition. We reserve the right to invoice you for any charges incurred by us, should you not comply with this requirement.

57) We reserve the right, either during or after your stay, to recover from you the costs of: • Any damage caused by you to our property, accommodation, articles or facilities provided to you during your holiday • Any compensation we may pay to other persons, guests or third parties we incur in resolving and acts or omissions of you or any member of your party, or as a consequence of any breach of this Contract

58) Should any of the terms of our Contract be officially declared void or unenforceable, the remainder of our arrangements shall remain, where possible in full force and effect. Arrival and departure

59) Your accommodation will be available at approximately 4 pm but you are welcome to arrive earlier and use the facilities. When leaving, please vacate the accommodation by 10 am and return your keys to reception so that we may prepare it for incoming guests.

Accommodation

60) Self Catering apartments have a sofa bed for two in the lounge. Cots for under2’s can be provided for use in the lounge area for a small extra charge, subject to availability. Ground floor apartments can be guaranteed for a small extra charge – this does not apply to disabled badge holders.

Maintenance and improvements

61) We have an ongoing programme of maintenance and refurbishment but wherever possible we try to minimise disruption to our guests.

Electricity Supply to Accommodation

62) Prepaid electricity cards are available for you to purchase from Reception for power for lighting, heating and hot water in all self-catering accommodation, other than Club. Bed Linen and Towels

63) Bed linen is provided once per holiday in all types of accommodation except Budget, where it may be hired or brought with you. Towels are provided in Club accommodation only.

Meals

64) Holidays booked on a Half Board basis will have breakfast and evening meals provided. These meals must be taken in the restaurant. There is a choice of menu but alcoholic and soft drinks are not included.

Availability and use of facilities

65) We will always try and ensure that all facilities are available during your holiday but maintenance and other work to facilities may be necessary from time to time. Certain facilities may be affected or be unavailable due to inclement weather conditions and all are available on a ‘first come, first served’ basis.

Car Parking

66) Vehicles must be parked in specified areas to allow essential services access to all areas of the holiday centre. The car parks are not supervised and vehicles are parked at your own risk. We recommend that you remove all possession and securely lock your vehicle.

Visitors

67) Day passes are available at a small extra charge for anyone wishing to visit you.

Pets

68) With the exceptions of assistance dogs notified to us on booking, pets are not allowed at our parks.

Special Interest holidays

69) Please let us know if you wish to book for a special interest holiday so that we can provide the appropriate information. The entertainment programme and facilities may vary at these times.

70) Charitable Donations Please note that all charitable donations made are non-refundable including account optional £1 donation and Banana- Man Beach Chase registration.

12. COMPETITOR PRICE COMPARISON

71) All price comparison have been taken from the official Butlins, Haven and Park Resorts 2010 1st edition brochures and taken into account the brochure early booking offers. Holiday comparisons were based on 4 people occupying a one bedroom Budget apartment at Pontin’s against Butlins Standard apartment sleeping 4 people; Park Resorts Bronze Chalet sleeping 4 people. Haven price comparison was based on 6 people sharing a 2 bedroom Standard apartment against Pontin’s 2 bedroom Budget apartment sleeping 6. Correct at the time of print 1st December 2009.

13. CAN WE HELP YOU?

72) If for any reason you are not completely happy with your holiday or have any difficulties, please let our reception staff or the Duty Manager at your chosen holiday location know as soon as possible and they will do their best to help so that you can enjoy the rest of your holiday. If you are still not satisfactorily, you must record your complaint in writing with a member of the reception staff or the Duty Manager whilst on holiday.

73) At the end of your holiday, if you feel that we have not dealt with your complaint satisfactorily, you must write to Guest Relations, at the address in (50) above, within 28 days of the end of your holiday. We can only take action on complaints that were recorded whilst you were on your Break and received within 28 days unless exceptional circumstances apply. We can only correspond with the lead name person on the booking so that we have the opportunity to resolve matters as swiftly and satisfactory as possible.

74) Where disputes arise between guests, these matters are normally entirely beyond our control and responsibility. We will endeavour to provide assistance where reasonably possible but, under data protection laws, we are not able to provide any personal information about other guests, even in the event of a dispute. If we can assist you and you are able to claim for any costs we incur in helping you e.g. From a third party or under an insurance policy, then any costs incurred by us will be recoverable from you. This contract supersedes all previous editions 01.12.2009