These terms and conditions (together with our privacy and cookies policy) apply to the use of this website all mobile or digital apps and all reservations  booked via this website and the hotel direct.

In these Conditions ‘you’ and ‘your’ means you and anyone using this website.  ‘We’, ‘us’ and ‘our’ means Phoenix Bay Hotel and Resorts Limited. ‘Hotel’ means the premiss of the Falcons Nest Hotel and Apartments, Station Road, Port Erin, Isle of Man, IM9 6AF.

By using this website you accept and agree to be bound by these terms and conditions.

Access to this website is for your personal use.

You warrant that you are 18 years of age or over and have legal capacity to use this site and create a legally binding contract.

You warrant that all personal information submitted during any booking with us is correct and you accept full financial responsibility under your name or account.

Where this website contains links to other websites and resources these links are provided for information and convenience only.  We have no control over them or their content and we do not monitor or endorse them.  We do not accept any responsibility for using the links or for any loss or damage that may arise from your use of them.

Our website may be updated and change from time to time.  Whilst we endeavour  to update information on our website we make no representations, warranties, or guarantees that the content on our site is accurate, complete or up-to-date.

We do not guarantee that this website, its contents of features on it will always be available or be uninterrupted and we will not be liable if, for any reason, the website or any part of it is unavailable for any period. We may withdraw or suspend access to the website and/or withdraw of discontinue any of the material and features on it.

We may revise these terms and conditions at any time.  Some of the provisions contained in these terms of use may be superseded by provisions or notices on this website.

You must not misuse this website or allow any malicious act or anything that may be technologically harmful. We do not guarantee that this website will be secure, free from bugs or viruses and we will not be liable for any loss or damage caused by the same.

The copyright in the material and all intellectual property rights belong to us.

Booking Conditions

Contract:

The Contract of booking is between you and Falcon's Nest Hotel and Resorts Limited. You must be at least 18 years old to make a booking.  You accept responsibility for all payments and all persons included in the booking.

Completion of the booking process implies acceptance of the Terms & Conditions. These Terms and Conditions are subject to change.

We reserve the right to reject your booking and no contract will exist between you and us unless we confirm acceptance of your booking in writing.  We will confirm our acceptance of your booking by sending you an email to the email address that you provide during the booking process.  The contract between us for the booking of your room and any additional services added to the booking will be formed when you receive this email confirmation from us.  An automated return email acknowledging receipt of your booking shall not be treated as acceptance of your booking.

You must not resell or transfer your booking (or any part of it).  We will not honour any bookings made in this way and do not accept any liability for not doing so.

Rates:

Prices are inclusive and can vary throughout the year depending on seasonal rates and availability. Seasonal rates also apply for TT/Southern 100 /MGP periods. 

The price you pay is the price quoted to you at the time of making your booking.

Room prices are per room, per night and are inclusive of VAT at the applicable rate at the time of your booking.

All rates are subject to availability.

Meals, beverages and other extras are not included in the room price.

We reserve the right to change your room allocation at any point during your stay.  We will not be liable for any refund or compensation in such circumstances.

If the rate of VAT changes between the date of your booking and the date of your stay, we may adjust the rate of VAT accordingly.

Provisional Bookings and Group Reservations:

Provisional bookings and the length of time a reservation may be held is completely at our discretion.

If you wish to make a group booking of more than four rooms please contact us direct.

Payment:

The Hotel does not require a deposit when booking or upon arrival. Payment in full is required for bookings taken.

We accept payment through various booking platforms or by credit card.  The expiry date of your debit/credit card must be no later than the end of your stay.

At the time of booking or at check-in we will take your debit/credit card details and you will authorise the use of this card for any sums that become owing to us in accordance with our terms and conditions.  All outstanding charges must be paid in full on check-out from the Hotel.

Please see below our cancellation policy.

Conduct and Damage Deposit:

You and your guests must comply with the rules, procedures and policies and any reasonable requests by us.  You are responsible for any acts or omissions of your guests.

Behaviour including threatening or abusive behaviour to any of our staff or guests, engaging in any unlawful or immoral activity during your stay, smoking anywhere (including the smoking of e-cigarettes) other than permitted areas, causing any health or safety hazard or bringing potentially dangerous or hazardous equipment into the Hotel, tampering with any fire alarms or emergency equipment, removing, damaging or destroying Hotel property shall not be permitted.  In the event of such behaviour, we have the right to cancel your booking in accordance with our cancellation policy below.

Guests’ payment details will be stored on file and in the event of any damage to the room or hotel/apartment/property of the Hotel, the Hotel reserves the right to charge the guest after their departure including without limitation to any specialist cleaning or for any items that are missing when you leave.

Arrival & Departure:

Check-in is available from 4 pm on the arrival date.  During some of our busiest periods, there may be a wait to check-in.

Check-out will be no later than 10am on the departure date.  Failure to leave your room by this time may result in a late check-out charge of up to one night’s additional room charge at the prevailing rate. 

If you think you are likely to arrive after 11pm please notify the hotel in advance.

Occupancy

The maximum room occupancy is for two adults.

No discount will be offered for single occupancy in a double room, suite, family room or apartment.

Family rooms can accommodate two adults (over 18 years) and two children (under 16 years). You must not exceed the maximum occupancy of a room.  The parent or guardian of a child must stay in the hotel at all times the children are within the hotel.  We reserve the right to check on occupancy and request valid photographic proof of age.

Car, Personal Belongings and Safety:

No responsibility can be accepted by the Hotel for loss or damage to any vehicle, its contents and other personal belongings. Cars and their contents are left at the guest’s risk.

Smoking:

Smoking (including e-cigarettes) is not permitted anywhere other than the designated smoking area(s) or off the premises of the hotel.   Smoking is not permitted in the guest rooms and a cleaning charge may be incurred.

Pets:

The hotel does offer pet-friendly rooms. They should be booked in advance as they are subject to availability and are an additional charge of £15 per night’s stay.

Allergies:

If you or anyone in your group has any allergies it is recommended that you contact us in advance so we can make arrangements to cater for any specific needs.

Access:

The Hotel management and cleaning and maintenance staff have access to a guest’s room and have the right to ask you and your guests to leave immediately, if considered necessary, for any material breach of the terms of this agreement.

Complaints:

If you have any cause for complaint during your stay please notify the reception who will make all reasonable efforts to resolve the issue.

Cancellation

Bookings can be cancelled free of charge up to 30 days before your stay. After 30 days and up to 14 days before arrival bookings can be cancelled and you will be charged 50% of your total stay. Bookings cancelled within 7 days of arrival are non-refundable.

The cancellation policy for Group bookings and special events differ form our standard cancellation policy and full terms and conditions will be issued prior to confirmation of booking.

Any changes to, or cancellation of your booking must be made direct with the Hotel.  Amendments or cancellations cannot be made online, nor will they be accepted by receipt of an automated delivery email.

We may cancel your booking at any time with immediate effect by giving you written notice (including email) if:

i)                    You do not pay us when you are required to do so;

ii)                  You or anyone in your group breaches the contract between us in any way;

iii)                 You or anyone in your group have previously breached the contract between us in any way.

If you are or anyone in your group causes damage to the Hotel, other guests or their property or breach the terms and conditions we reserve the right to cancel your booking with immediate effect and if appropriate eject you from the premises, take possessions of any keys to the room(s), restrict access to the hotel, remove your possessions from the room and Hotel, disposing of such times (at no cost or liability) if not collected within 7 days to a local charity, retain all funds paid by you and refuse further bookings from you and entry to the Hotel.

If we cancel the booking where you are at fault, we reserve our legal rights in respect of your breach of contract.  Where your stay has not commenced, the total payment made by you shall be deemed a cancellation charge and is non-refundable.

We recommend that you have suitable travel insurance in place at the time of booking.

Events Outside Our Control

We may cancel your booking if an event outside our control (including but not limited to industrial action, disease, health and safety issues, fire, flooding, weather-related issued or supply of power and/or services) means that we are unable to make your room available to you.  We will let you know as soon as possible and refund your payment to you within a reasonable time.

We will not be liable for any delay or failure to perform any of our obligations that is caused by an event outside our control.

Our Liability

We are not liable for events beyond our control including acts or omissions of our suppliers, any curtailment, cancellation or change to any accommodation, activity or itinerary which is caused as a result of such events.

We are not liable for any indirect, consequential loss or pure economic loss whether caused by negligence, its employees, contractor or agents or otherwise.

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 not exceed the price of your booking.

We do not accept any responsibility for the loss or damage of any property left in the Hotel.

Nothing in these terms and conditions shall limit our liability for death or personal injury, fraud or any liability that cannot be limited or excluded by law.

Third Party Rights

No other person shall have any right to enforce any terms of any contract made between you and us whether under the Contracts (Rights of Third Parties) 2001 or otherwise.

Severability and Waiver

These terms and conditions contain all the terms and conditions between you and us regarding your booking. No representation, undertaking, warranties or promise shall be taken to have been given or implied except as set out in these terms and conditions.

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 not effect 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 are reserved.

Applicable Law

These terms and conditions and any non-contractual disputes or claims are governed and construed in accordance with the laws of the Isle of Man.

You agree that the Courts in the Isle of Man will have exclusive jurisdiction over any claim arising from or related to your booking and/or stay at the Falcons Nest Hotel.