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Booking Conditions

These Booking Conditions, apply to your booking with Biostays Limited a company incorporated in England and Wales with company number 12535136 and registered office at 20 - 22 Wenlock Road, London, England. Please read them carefully as they set out our respective rights and obligations.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements)

c. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.


Biostays Ltd acts in the following capacities:

ACCOMMODATION ONLY PRINCIPAL BOOKINGS

Where you have booked accommodation-only with us, such as a villa or hotel booking, this is a single component booking, and we will act as either a Principal (meaning your contract will be with Bio Stays for the accommodation-only booking) or an agent on behalf of the owner or supplier of the accommodation (meaning that your contract will be with the owner or supplier of the accommodation instead).

ACCOMMODATION AND SERVICES THIRD PARTY BOOKINGS

If we are acting as an agent, we will inform you that this is the case during the booking process and in your booking confirmation documents.




ACCOMMODATION-ONLY PRINCIPAL BOOKINGS

This section applies to any accommodation-only booking you make with Biostays where we act as a principal in the sale of that accommodation-only booking (meaning your contract will be with Biostays for the accommodation-only booking).

Booking and Paying for Your Arrangements

A booking is made with us when you pay us a deposit (or full payment if you are booking within 4 weeks of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking.


The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 4 weeks prior to your scheduled departure, unless we advise you that payment is required earlier. If we do not receive this balance payment in full and on time for any reason (including, but not limited to, where the Foreign, Commonwealth and Development Office has issued a travel advisory about your destination), we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in this document will become payable.

Pricing

Price increases may occur any time prior to departure and you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.


We reserve the right to amend the price of unsold travel arrangements at any time and correct errors in the prices of confirmed travel arrangements.

If You Change or Cancel Your Booking

Changes: If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.


Cancellations: If you or any other member of your party decides to cancel your confirmed single service booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. The person to notify us of any cancellation must be the same person that originally made the booking.


Should one or more member of a party cancel, it may increase the per person booking price of those still travelling and/or the arrangements and you will be liable to pay this increase.


Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Cancellation Charges

4 weeks or more before your arrival date: Deposit only*

Less than 4 weeks before your arrival date: 100%

*Deposit is non-refundable and 20% of your total price unless otherwise indicated in hotel details on our website.


We will send you a balance to be paid reminder communication 5, 4 and 3 weeks prior to your departure. If 3 weeks prior to your departure your balance is not paid in full we regret that we will reserve the right to cancel your booking and retain your deposit.


If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.


Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

If We Change or Cancel Your Booking

We may in exceptional circumstances be required to cancel your booking in which case, except where the following paragraph applies, a full refund of all monies paid will be made to you in these circumstances. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation and we reserve the right to cancel or make any necessary changes.


Very rarely, we may be forced by Unavoidable and Extraordinary Circumstances to change or cancel all or some of your arrangements after departure. We will monitor the Foreign, Commonwealth and Development Office’s latest advice for your destination prior to your departure. If this significantly affects your booking and your holiday start date is imminent, we will offer you the choice of one of following options:

(a) deferral of your booking to a later date;

(b) an alternative destination (where this is available); or

© a credit note.


We will contact you when these options become available to you.


Alternatively, if you wish to have a cash refund, you should make a claim under your travel insurance policy in the first instance before applying to us. We can provide you with a cancellation invoice to support your claim upon request, but will take no further action in your insurance claim.


We regret we will be unable to pay you compensation or meet any costs or expenses you incur as a result of Unavoidable and Extraordinary Circumstances.

Complaints

We hope you will have no reason to complain but if you do, please bring it to the attention of the supplier(s) of the arrangements concerned promptly. Most problems can be resolved on the spot. If the matter is not dealt with to your satisfaction, please contact our head office in the UK on so that we may be able to help you promptly. If you leave it until you vacate the accommodation, we may not be able to help you.


If the matter cannot be settled whilst you are on holiday, please contact us in writing as soon as possible following your return home, giving your booking reference number. We will liaise with the supplier(s) concerned to try and resolve your complaint and will respond as soon as we can.

Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.


We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us.For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

Passport, Visa and Immigration Requirements & Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.


Many countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports


Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.


Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware


Non-British passport holders including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,


We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

Our Responsibilities for Your Booking

(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.


(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the act(s) and/or omission(s) of the person(s) affected; or

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

© unusual or unforeseeable circumstances beyond our or our supplier’s(s’) control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.


(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) Loss of and/or damage to any luggage or personal possessions and money,


The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.


(b) Claims not falling under (a) above and which don’t involve injury, illness or death


The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.


(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.


(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.


(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.


(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

Law and Jurisdiction

These Terms and Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).




ACCOMMODATION-ONLY AGENT BOOKINGS

This section applies to any accommodation-only booking you make with Biostays where we act as an agent on behalf of various hotels, villa and property owners and suppliers.

Your Contract

When making your booking we will arrange for you to enter into a contract with the Supplier/Principal of the accommodation direct, as specified on your confirmation invoice. Except as specified in these Booking Conditions, as agents we accept no responsibility for the acts or omissions of the Supplier/Principal or for the accommodation provided by them. Your booking with us is subject to the specific terms and conditions of the relevant Supplier/Principal you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal’s liability to you and may stipulate additional cancellation and payment terms. You must accept the Supplier/Principal’s terms and conditions, alongside our terms and conditions. Please ask us for copies of these if you do not have them or click here.


Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation on their behalf.


Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

Booking

To make a booking, you will need to select your chosen accommodation and pay the applicable deposit. Once we have received your booking request and deposit, we will proceed to check availability with the Supplier/Principal. Your booking is not confirmed with the Supplier/Principal until you receive a booking confirmation from us on behalf of the Supplier/Principal.


The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your accommodation or other persons necessary for the provision of your accommodation. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies.

Payment

In order to book your chosen accommodation, you must pay a deposit as required by the Supplier/Principal of the accommodation (or full payment if booking within 4 weeks of departure or as otherwise requested by the Supplier/Principal). You must also pay all applicable insurance premiums and booking fees.


If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date for any reason (including, but not limited to, where the Foreign, Commonwealth and Development Office has issued a travel advisory about your destination), we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their terms and conditions.


Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for accommodation will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen accommodation at the time of booking.

Insurance

Many Supplier/Principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. You should also ensure that your travel insurance covers you for pre-existing medical conditions, and the activities and excursions which you’ll be participating in.


If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

Special Requests

If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can’t guarantee that they will be met, and we will have no liability to you if they are not.

Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your accommodation. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the accommodation and will normally increase closer to the date of departure).


Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed accommodation or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative accommodation offered by the supplier, but we will have no further liability to you.

Our Responsibility for Your Booking

Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the accommodation. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Visa, Passport and Health Requirements

We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. We can provide general information about any health formalities required for your trip, but you should check with your own doctor for your specific circumstances.

Complaints

Because the contract for your accommodation is between you and the Supplier/Principal, any queries or concerns about your accommodation should be addressed to them.


We hope you will have no reason to complain but if you do, because the contract for your accommodation is between you and the Supplier/Principal, please bring it to the attention of the Supplier/Principal(s) of the accommodation concerned promptly.


Most problems can be resolved on the spot. If the matter is not dealt with to your satisfaction, please contact our head office in the UK so that we may be able to help you promptly.


If you leave it until you vacate the accommodation, we may not be able to help you at all. If the matter cannot be settled whilst you are on holiday, please contact us in writing as soon as you return home, giving your booking reference number.


We will liaise with the Supplier/Principal(s) concerned to try and resolve your complaint and will respond as soon as possible but please note that as an agent, any assistance we provide will be on a goodwill basis only


If you wish to complain about any service, we have provided to you (i.e. our booking service) then please contact us directly.

Law and Jurisdiction

These Terms and Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

Accommodation Ratings and Standards

All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between Supplier/Principals. We cannot guarantee the accuracy of any ratings given.

Documentation and Information

All descriptions and content on our website or otherwise issued by us relating to the accommodation is done so on behalf of the Supplier/Principal in question and are intended to present a general idea of the accommodation provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.




Last updated: 8 January 2022
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