Terms and Conditions

Updated: August 2026

These Booking Terms and Conditions (“Terms”) apply to all bookings made with RSAAS Lets Ltd trading as Fiveway Apartments (“Fiveway Apartments”, “we”, “us”, or “our”).
By making a booking, the person making the booking (“Lead Guest”, “you”, or “your”) confirms that they are authorised to accept these Terms on behalf of all guests included in the booking and agrees that all guests will comply with them.
These Terms & Conditions form part of the contract between you and Fiveway Apartments. Additional policies, including but not limited to the, Pet Policy, Privacy Policy, Cookie Policy Damage and Theft Policy, and Cancellation and Refund Policy are incorporated herein by reference.

1. About Us
RSAAS Lets Ltd trading as Fiveway Apartments provides serviced holiday accommodation in Paignton, Devon.
Email: hello@fivewayapartments.co.uk
Telephone: 01803 896507
The accommodation offered through Fiveway Apartments is intended for short-term holiday and temporary accommodation purposes only.

2. Formation of the Booking Contract
A booking becomes legally binding when:

• We accept your booking request; and
• Any required payment has been successfully received; and
• A booking confirmation has been issued.

We reserve the right to decline any booking request at our reasonable discretion.
The Lead Guest must be at least 18 years of age.
We may require proof of identity and age before or during a stay.

3. Accommodation Use
All accommodation is provided solely for short-term holiday or temporary accommodation purposes.
No booking creates:

• A tenancy;
• An assured shorthold tenancy;
• A licence to occupy beyond the booked period; or
• Any security of tenure.

The accommodation is provided as holiday accommodation within Schedule 1, Paragraph 9 of the Housing Act 1988.
Guests must vacate the accommodation by the agreed departure time unless an extension has been agreed in writing.

4. Booking Information
The Lead Guest is responsible for ensuring that all information provided at the time of booking is accurate and complete.
We may require:

• Full names of all guests;
• Contact telephone numbers;
• Email addresses;
• Home addresses;
• Vehicle registration details where applicable;
• Information necessary to comply with legal obligations.

If any booking information changes before arrival, you must notify us as soon as reasonably possible.

5. Pricing and Payment
All prices are displayed in Pounds Sterling (£).
Prices include VAT where applicable unless stated otherwise.
The total price payable will be confirmed before the booking is completed.
Payment terms, deposits, cancellation rights and refund arrangements are set out in our separate Cancellation and Refund Policy, which forms part of these Terms.
We reserve the right to correct genuine pricing errors before a booking contract is formed.

6. Changes Requested by Guests
Requests to amend a booking are subject to availability and cannot be guaranteed.

Any approved amendment may result in:

• A revised accommodation rate;
• Additional charges;
• Different minimum stay requirements.

Details of any applicable charges will be disclosed before the amendment is confirmed.

7. Changes Made by Fiveway Apartments
We do not expect to make changes to confirmed bookings. However, occasionally this may be necessary.
Where a significant change becomes necessary before arrival, we will notify you as soon as reasonably practicable and may offer:

• Comparable alternative accommodation (where available); or
• Any remedy required by law or our Cancellation and Refund Policy.

Nothing in these Terms affects your statutory rights.

8. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.
Examples include:

• Severe weather;
• Natural disasters;
• Fire;
• Flood;
• Utility failures;
• Epidemics or pandemics;
• Government restrictions;
• Industrial disputes;
• Acts of terrorism;
• Civil unrest;
• Failure of third-party service providers.

Where a force majeure event affects a booking, we will act reasonably and communicate available options.

9. Check-In and Check-Out
Unless otherwise agreed in writing:
Check-In: From 4:00 pm
Check-Out: By 10:00 am
Early check-in and late check-out may be available subject to availability and fees may be applicable. This must be arranged in advance.
Failure to vacate by the agreed departure time may result in additional charges.

10. Access and Entry
Access instructions will normally be provided before arrival.
Guests are responsible for ensuring they have the necessary access information.
We reserve the right to enter the accommodation:

• In an emergency;
• To protect persons or property;
• To investigate suspected breaches of these Terms;
• To carry out urgent repairs;
• To comply with legal obligations.

Where reasonably practicable, notice will be provided.

11. Occupancy Limits
The maximum occupancy for each property is stated in the booking information.
Occupancy limits must not be exceeded.
Only registered guests included within the booking may stay overnight.
We reserve the right to refuse access or terminate a booking where occupancy limits are exceeded.

12. Guest Conduct
Guests must behave responsibly and with consideration for neighbours, other guests, staff, and the local community.
Guests must not:

• Cause excessive noise;
• Engage in anti-social behaviour;
• Use abusive, threatening, discriminatory, or offensive behaviour;
• Use the property for unlawful purposes;
• Hold parties, events, or gatherings;
• Cause nuisance or disturbance to neighbouring properties.

Quiet hours apply between 11:00 pm and 9:00 am.
Serious breaches may result in immediate termination of the booking without refund.

13. Visitors
Visitors are permitted only with prior approval where required.
Visitors must comply with these Terms while on the premises.
The Lead Guest remains responsible for the actions of all visitors.
No parties or unauthorised events are permitted.

14. Smoking and Vaping
Smoking and vaping are prohibited inside all accommodation and communal indoor areas.
Any breach may result in additional cleaning, remediation, and loss-of-income charges in accordance with our separate Damage and Theft Policy.

15. Pets
Pets are permitted only in designated accommodation and subject to our separate Pet Policy.
The Pet Policy forms part of these Terms.
Guests bringing pets must comply fully with the Pet Policy.

16. Damage, Theft and Additional Charges
Guests are responsible for taking reasonable care of the accommodation and its contents.
Our procedures regarding:

• Damage;
• Missing items;
• Theft;
• Additional cleaning;
• Replacement costs;
• Guest liability; and
• Smoking

Additional charges are set out in our separate Damage and Theft Policy, which forms part of these Terms.

17. Parking
Parking is provided where stated in the property description.
Parking is used entirely at the vehicle owner’s risk.
To the fullest extent permitted by law, we do not accept responsibility for:

• Theft;
• Damage;
• Loss of property from vehicles; or
• Third-party actions affecting vehicles.

Nothing in this clause limits liability that cannot legally be excluded.

18. Wi-Fi and Technology
Wi-Fi is provided as a convenience where available.
We do not guarantee:

• Continuous availability;
• Minimum speeds;
• Compatibility with guest devices.

Guests must not use internet services for unlawful purposes.
We reserve the right to suspend access where misuse is suspected.

19. Maintenance and Property Condition
We endeavour to maintain all accommodation to a high standard.
Occasionally maintenance, repairs, inspections, or safety works may be required.
Where reasonably practicable, we will minimise disruption and provide notice.
Guests should promptly report:

• Defects;
• Damage;
• Maintenance issues; or
• Safety concerns.

20. Health and Safety
Guests agree to:

• Follow all safety instructions provided;
• Familiarise themselves with emergency procedures;
• Operate appliances safely and according to instructions;
• Immediately report hazards, damage, or accidents.

Guests are responsible for supervising children and vulnerable persons at all times. To the fullest extent permitted by law, we do not accept responsibility for injuries or death related to Guest failure to monitor and exercise due care for children or vulnerable persons though nothing in this clause limits liability that cannot legally be excluded.

21. Lost Property
Any property left behind may be retained for a reasonable period at our discretion.
Where requested, we may arrange return of lost property at the guest’s expense.
Unclaimed items may be disposed of after a reasonable period.
We do not accept liability for items left behind.
Nothing in this clause excludes liability that cannot legally be excluded.

22. Accessibility and Special Requirements
Guests should notify us of any accessibility requirements or special needs at the time of booking.
While we will make reasonable efforts to accommodate requests, not all requests can be guaranteed.
Property descriptions should be reviewed carefully before booking.

23. Complaints
If you experience a problem during your stay, you should notify us as soon as possible to allow us a reasonable opportunity to investigate and resolve the issue.
Complaints submitted only after departure may limit our ability to investigate.
Formal complaints should be submitted to:
Email: hello@fivewayapartments.co.uk
We aim to acknowledge complaints promptly and investigate them fairly.

24. Privacy and Data Protection
We process personal information in accordance with our Privacy Policy and applicable data protection laws.
Our Privacy Notice explains:

• What information we collect;
• How we use it;
• Your rights; and
• How to contact us regarding privacy matters.

25. Consumer Rights
Nothing in these Terms excludes or limits any rights you may have under applicable consumer protection laws, including the Consumer Rights Act 2015.
Any provision found to be unenforceable shall not affect the validity of the remaining provisions.

26. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales.
Any dispute arising from or relating to these Terms shall be subject to the jurisdiction of the courts of England and Wales.
If you are a consumer residing elsewhere within the United Kingdom, you may have additional rights regarding where legal proceedings may be brought.

27. Liability for Injury, Death and Property-Related Risks

Guest Responsibility for Personal Safety

Guests are responsible for taking reasonable care for their own safety and the safety of members of their party and visitors while using the accommodation, building, grounds, parking areas, access routes, fixtures, fittings, appliances and facilities.
Guests must comply with all reasonable safety instructions, fire-safety information, building rules and instructions provided by Fiveway Apartments.
Guests must not use any appliance, fixture, fitting, access equipment or other facility for a purpose for which it is not intended or contrary to any instructions provided.
Guests must promptly notify Fiveway Apartments of any hazard, defect, damage or unsafe condition of which they become aware.

Risks Associated with the Accommodation

The accommodation and surrounding premises may contain ordinary and foreseeable risks associated with occupying and using furnished accommodation, including stairs, steps, changes in floor level, wet or slippery surfaces, kitchen appliances, electrical equipment, hot water, heating equipment, furniture, balconies or external areas where applicable, car parking areas and other fixtures and fittings.
Guests are expected to exercise appropriate care and supervision, particularly in relation to children, elderly persons and persons with mobility or other limitations.
Where a guest has particular accessibility, mobility, medical or other requirements, they are responsible for assessing whether the accommodation is suitable for their individual needs before booking. Fiveway Apartments will provide reasonable information about the accommodation on request.
Nothing in this section limits any liability that Fiveway Apartments cannot lawfully exclude or restrict.

Liability for Death or Personal Injury

Nothing in these Terms and Conditions excludes or restricts, or is intended to exclude or restrict, Fiveway Apartments’ liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted. This provision is deliberately included because a consumer-facing accommodation provider cannot lawfully contract out of liability for death or personal injury resulting from negligence.

Property Damage and Other Loss

Nothing in this provision is intended to exclude or restrict liability to the extent that doing so would be prohibited by law. Subject to the provisions above and to any liability which cannot lawfully be excluded or restricted, Fiveway Apartments will not be responsible for loss or damage to guests’ property where that loss or damage results from:

• the guest’s own act or omission;
• the act or omission of a member of the guest’s party or visitor;
• failure to follow reasonable instructions or safety information;
• misuse of the accommodation, fixtures, fittings, appliances or facilities;
• leaving personal belongings unsecured;
• loss, theft or damage to a vehicle or its contents while in the Fiveway Apartments car park. Fiveway Apartments does not claim to offer or provide security services;
• circumstances outside Fiveway Apartments’ reasonable control; or
• the acts or omissions of third parties for whom Fiveway Apartments is not responsible.

Personal Belongings and Vehicles

Guests are responsible for their own personal belongings, valuables, vehicles and other property brought onto the premises.
Guests should take reasonable precautions to secure their belongings and should not leave valuables unattended.
Fiveway Apartments does not operate a secure storage or left-luggage facility.
Parking is provided subject to availability and applicable parking arrangements. Guests park vehicles entirely at their own risk, except to the extent that loss or damage is caused by liability which cannot lawfully be excluded.
Fiveway Apartments accepts no responsibility for loss of or damage to vehicles or their contents caused by other guests, visitors, members of the public or other third parties, unless such liability arises from Fiveway Apartments’ negligence or another circumstance for which we are legally responsible.

 

28. Indemnification and Guest Responsibility

Guest Indemnity

To the extent permitted by law, the Guest is responsible for and agrees to reimburse Fiveway Apartments for direct, reasonable and properly evidenced losses, costs, liabilities and expenses that Fiveway Apartments reasonably incurs as a result of:

a. the guest’s breach of these Terms and Conditions or any applicable Fiveway Apartments policy;
b. the negligent, reckless, unlawful or intentional act or omission of the guest;
c. the negligent, reckless, unlawful or intentional act or omission of any member of the guest’s party or any visitor whom the guest permits onto the premises;
d. damage to the accommodation, building, grounds, fixtures, fittings, furniture, appliances, keys, access devices or other Fiveway Apartments property caused by the guest, a member of their party or their visitor;
e. unauthorised occupation, assignment, or use of the accommodation;
f. use of the accommodation for an unauthorised purpose;
g. any unlawful activity conducted by the guest, a member of their party or their visitor;
h. a breach of the applicable smoking, pet, occupancy, noise or other property rules; or
i. any claim brought against Fiveway Apartments by a third party to the extent that the claim arises directly from the guest’s breach of these Terms and Conditions or from the guest’s negligent, reckless, unlawful or intentional conduct.

The guest’s liability under this clause is limited to losses that are reasonably foreseeable or otherwise legally recoverable and does not extend to losses caused by Fiveway Apartments’ own negligence or breach of contract.

Responsibility for Members of the Party and Visitors

The Lead Guest is responsible for ensuring that all members of their party and permitted visitors comply with these Terms and Conditions and applicable property rules.
Where a loss or damage is caused by a member of the guest’s party or a visitor, the Lead Guest may be held responsible for the resulting loss to the extent permitted by law.
The guest must not permit any person to access or occupy the accommodation in circumstances that would breach the booking conditions or applicable occupancy limits.

Third-Party Claims

Where a third party makes a claim against Fiveway Apartments arising directly from the guest’s breach of these Terms and Conditions or the negligent, reckless, unlawful or intentional conduct of the guest, a member of their party or their visitor, Fiveway Apartments may seek recovery from the responsible guest of any reasonable and properly evidenced liability, costs and expenses for which the guest is legally responsible.

 

29. Consequential Loss and Liability Limits

Exclusion of Certain Losses

Subject to liability which cannot lawfully be excluded or restricted, Fiveway Apartments will not be liable for:

• loss of profit;
• loss of business;
• loss of anticipated savings;
• loss of opportunity;
• loss of goodwill or reputation;
• business interruption;
• loss arising from the guest’s inability to work or conduct business from the accommodation;
• loss of or damage to personal belongings where Fiveway Apartments is not legally responsible for that loss or damage; or
• indirect or consequential loss.

This provision does not exclude or restrict any liability that cannot legally be excluded or restricted.

Liability Cap

For liability that may lawfully be limited, Fiveway Apartments’ aggregate liability arising out of or in connection with a booking shall not exceed the total amount actually paid by the guest to Fiveway Apartments for the booking giving rise to the claim.

This limitation does not apply to:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• liability which cannot lawfully be excluded or restricted; or
• any other liability which applicable law requires to remain unlimited.

30. Changes to These Terms
We may update these Terms from time to time.
The version in force at the time of booking will apply to your booking unless changes are required by law.
The latest version will always be available on our website.