Terms & Conditions
Cornwalls Cottages
Booking Conditions 2008
Please read these terms and conditions carefully before booking.. When you make a booking and you receive a booking confirmation, a legally binding contract is made
1. General
1.1 Customers renting property through Cornwalls Cottages are referred to as ‘the Guest’.
1.2 Cornwalls Cottages act as agent for the owners of the property (hereafter referred to as ‘the Owners’ or ‘the Owner’). The rental arrangements are made by Cornwalls Cottages, on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
1.4 Cornwalls Cottages will, on request, provide the name and address of the Owners of any property which the Guest has booked.
2. Duration and Times of Rental
2.1 Rentals are for a maximum of four weeks and commence at 3pm on the first day of the rental and end at 10am on the day of departure unless otherwise notified. This period is hereafter referred to as ‘the Holiday’.
2.2 The period booked will be stated on the Booking Confirmation provided to the Guest when they book and cannot be exceeded unless Cornwalls Cottages give written approval. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension.
3. Deposit
3.1 If a booking is made eight weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
3.2 If a booking is made less than eight weeks before the Holiday is due to start, the full rent, plus any additional charges, must be paid at the time of booking.
3.3 Should Cornwalls Cottages not accept or reject a booking request, the rent and any additional charges paid by the Guest will be refunded immediately.
4. Final Payment
4.1 Unless otherwise agreed by Cornwalls Cottages in writing, the price for the Holiday shall be the rent for the property as set out on the Cornwalls Cottages Website (‘the Website’) at the time of the booking.
4.2 Subject to condition 6, as soon as the booking is received and accepted by Cornwalls Cottages, the Guest is liable for payment of the balance of the rent, along with any additional charges.
4.3 Payment of the rent and additional charges are payable to Cornwalls Cottages eight weeks before the start of the Holiday (‘the Due Date’) and non-payment by the Due Date may be treated as a cancellation.
4.4 If payment is not received by the Due Date, then the Guest will lose their booking and the deposit will be forfeit.
4.5 Cornwalls Cottages do not and shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5. Changing a Booking
5.1 Once a booking has been accepted by Cornwalls Cottages, the booking can only be changed to another property by treating the original booking as a cancellation (see condition 6).
5.2 The dates of the Holiday may be changed providing the property is available for the new dates and the Owners accept the change. In this case, a £20 re-booking fee is payable to Cornwalls Cottages.
6. Cancellation
6.1 A booking can only be cancelled prior to the start of the Holiday.
6.2 A Guest who wishes to cancel the Holiday must notify Cornwalls Cottages in writing (‘Cancellation Notice’).
6.3 Subject to clause 6.4, the full rent is refunded in the event of cancellation due to death, injury, illness, or a summons for Jury Service of any member of the booking party, or close relatives or business associates of the Guest which reasonably prevents the Guest from being able to take up the Holiday.
6.4 If the Guest wishes to terminate the Holiday under clause 6.3, then they must provide the Cancellation Notice within seven days of them becoming aware that they cannot take up the Holiday.
6.5 For the purpose of this condition, consecutive weeks at two or more properties are considered to be one Holiday.
6.6 Also, for the purpose of this condition, ‘close relatives’ shall mean spouse, father, mother, grandparents, father-in-law, mother-in-law, brother, sister, child or step-child.
6.7 Clause 6.3 does not apply to a cancellation due to:
a.pregnancy or associated illness;
b.any illness or injury which is insufficiently serious to prevent the person taking the Holiday;
c.illness or medical conditions known at the time of making the booking.
6.8 In the event that the Guest cancels the booking due to a reason under clause 6.3 then, upon receipt of the Cancellation Notice, Cornwalls Cottages will send out a Cancellation Form which must be completed in full by a doctor and returned within 28 days from receipt of the Cancellation Notice. If the cancellation falls within clause 6.3, then no further payment is due and all previous payments will be refunded in full.
6.9 In the event that a cancellation is made other than under clause 6.3, then a cancellation charge is payable depending on the number of days before the Holiday start date the Cancellation Notice is received by Cornwalls Cottages. The amount payable is set out below:
Number of days before Holiday start date that notification is received
Cancellation Charge (as a percentage of the total cost of the Holiday)
0 - 13 days 100%
14 - 27 days 75%
28 - 55 days 60%
56 days or more Deposit
7. Optional Extras
Where the property being rented has optional extras, they are listed on the Web site and will be charged at the rates shown.
8. Discounts
A discount of 5% may be available to a Guest who wishes to re-book a property which they have rented during the previous eighteen months. Only one discount may be applied to each booking.
9. Price Changes
9.1 Cornwalls Cottages reserves the right to amend prices quoted on the Web site due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
9.2 Subject to condition 22, any changes in the rate of VAT will be borne by the Guest.
10. Method of Payment
Payments may be made by cheque, credit card, debit card, electronic bank transfer, postal order or cash. Cheques or postal orders should be made payable to ‘Cornwalls Cottages’ and can only be accepted up to two weeks prior to the holiday. Cash should always be sent by recorded delivery post. Post-dated cheques are not acceptable. Any charges raised against Cornwalls Cottages by their bank for handling dishonored cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse Cornwalls Cottages within seven days of receipt of notification from Cornwalls Cottages. All payments by credit card will attract a surcharge of 1% of the transaction value which is non-refundable.
11. Overseas Bookings
Overseas Guests may pay in Sterling by cheque drawn on a UK bank, Mastercard, Visa card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Guest.
12. Eligibility
Bookings will not be accepted from:
a.groups of single people under the age of 25;
b.all male or all female parties of more than three people.
13. The Holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. The Guest's Obligations
The Guest agrees:
a.to pay for all gas, electricity, fuel and telephone charges incurred during the Holiday unless included in the rent;
b.to pay for any losses or damages to the property caused by the Guest or a member of their party (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Owners;
c.to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. A cleaning service is not provided during the Holiday unless otherwise specified. Should the Owner be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a booking from that Guest again. If a Guest is excluded from two or more properties by different Owners, then Cornwalls Cottages have the right to refuse any more bookings from that Guest, at any other property;
d.to permit the Owners and Cornwalls Cottages reasonable access to the property;
e.not to part with possession of the property, or share it, except with members of the party shown on the Booking Form;
f.not to sell or transfer the booking to another party without Cornwalls Cottages agreement;
g.not to exceed the total number of people stipulated in the property description – a cot may only be occupied by a child aged 24 months or less;
h.not to cause an annoyance or become a nuisance to occupants of adjoining premises;
i.not to smoke at a non-smoking property.
15. Non-availability of Property
If for any reason beyond the Owners’ control the property is not available on the date booked (owing, for example, to fire damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the Guest will be refunded.
16. Liability
16.1 Cornwalls Cottages will not be liable for any act, neglect or default on the part of the Owners or any other person not within their employ or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the rental unless Cornwalls Cottages is responsible. In addition, the Owners and Cornwalls Cottages accept no liability for loss of or damage to the Guest’s possessions on the Owners’ property or land.
16.2 Nothing in these conditions excludes or limits the liability of Cornwalls Cottages or the Owners:
a.for death or personal injury caused by Cornwalls Cottages or the Owners’ negligence;
b.for any matter which it would be illegal for Cornwalls Cottages or the Owners to exclude or attempt to exclude their liability.
17. Web site Descriptions
Some of the information on this Web site relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside Cornwalls Cottages’ control. If Cornwalls Cottages is aware of any material changes to the Web site at the time of the Guest’s booking, then it shall endeavour to inform the Guest of these changes.
18. Complaints
8.1 All complaints must be notified to Cornwalls Cottages as soon as reasonably practicable, as Cornwalls Cottages may be required to carry out an on-the-spot investigation and if necessary, request the Owner to take remedial action.
18.2 If Cornwalls Cottages or the Owners are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, then this may result in a reasonable reduction of any compensation which may be payable to the Guest arising out of such a complaint.
19. Pets
19.1 Pets are only permitted with the prior consent of Cornwalls Cottages and the Owners and where pets are permitted, they are to be kept under control and exercised off the premises.
19.2 Pets are not permitted in the bedrooms or on the furniture and neither Cornwalls Cottages nor the Owners can accept responsibility for their safety. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. A weekly charge will be made for each pet.
19.3 Where the description of a property states ‘Regret no pets’ or otherwise restricts the keeping of pets at the property, Cornwalls Cottages or the Owners cannot guarantee that there have been no pets previously kept at the property.
20. Inventory
Where an inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of arrival, otherwise the inventory will be deemed to be correct.
21. Linen
A change of linen is provided between Holidays and weekly during Holidays. Towels and tablecloths are not always provided and Guests should bring their own unless otherwise notified.
22. VAT
Many of the Owners of properties on the Cornwalls Cottages Web site are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the weekly rent.
23. Breach of Contract
23.1 If there is a breach of any of these conditions by the Guest or any of their party, the Owners or Cornwalls Cottages reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
23.2 If there is a breach of any of these conditions by Cornwalls Cottages or the Owners, then the Guests have the right to end the Holiday and leave.
23.3 Ending the Holiday by either Cornwalls Cottages, the Owner or the Guest does not affect that party’s other rights and remedies.
24. Governing Law and Jurisdiction
Any dispute will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts.
25. Authority to Sign
The person who completes the Booking Form certifies that:
a.he or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date;
b.the signatory is over eighteen years of age;
c.they agree to take responsibility for the party occupying the property, and to notify Cornwalls Cottages if they are not a member of that party.
26. Discrepancies
In case of a discrepancy between these Booking Conditions and any other contents of the Cornwalls Cottages Web site, these Conditions shall prevail, but this shall not limit Cornwalls Cottages liability for failure to supply the accommodation as described on the Web site.
27. Previous Web sites
This Web site and these Booking Conditions replace and supersede all previous Web sites and Booking Conditions.
28. Validity Clause
In the event that a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Booking Conditions, which will continue to be valid and have full force and effect.