These terms are between the Owner, you and us. 1. DEFINITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
” the period of time for which accommodation will be provided at the Property as set out in the relevant Booking.
” the date (and time) on which the Accommodation will be made available to you.
“Balance Due Date
” 40 Business Days before the Arrival Date, except in circumstances where Bookings are accepted less than 40 Business Days before the Arrival Date, in which case the balance is due upon Booking (see clause 6.5).
” your request for a reservation for Accommodation submitted through the Website.
” the sum of 30% of the Owner Price required from you when making the Booking to secure the Property for Accommodation.
” an additional amount charged to cover our administration costs payable by you when making a Booking
” the total price as advertised on the Website payable prior to Booking, including Owner Price and Booking Fee.
” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
” 09:00 to 17:00 on any Business Day.
” the date (and time) on which the Accommodation will end and you must vacate the Property.
“Events Outside our Control
” as defined in clause 11.
“Late Payment Fee
” a fee of 4% of the Booking Price payable in relation to the Property as defined in clause 7.7.
” the owner of the Property whose details have been provided to us, or such entity authorised by the Owner to represent them, including but not limited to housekeepers and other third parties appointed by the Owner to assist in provision of the Accommodation.
” the Booking Price minus the Booking Fee, as set by the Owner.
” the property provided for holiday letting purposes, details of which have been provided to us by the Owner.
“Property Specific Terms
” specific restrictions applicable to a Property as provided to you by us or the Owner.
” a deposit payment or pre-authorised transaction in relation to a Property as defined at clause 6.
” the terms and conditions set out in this document, the Property Specific Terms and any other terms provided to you by us. “we/our/us” Cornwalls Cottages Limited, a company registered in England and Wales with company registration number 06886787 whose registered office address is The Coach House, Carclew Street, Truro, Cornwall TR1 2DZ.
” cornwallscottages.co.uk, stmawesholidays.co.uk or falmouthholidayrentals.co.uk
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail but exclude fax unless we say otherwise. 2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which the Accommodation is supplied to you.
2.2 We market the Property for Booking and arrange Accommodation at the Property on behalf of the Owner.
2.3 The Property is the property as detailed in the Booking and cannot be changed with any other property without our prior written agreement (and the agreement of the Owner as we deem appropriate).
2.4 Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date) and in these Terms are complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.5 When we receive the Booking, we will send you a Booking confirmation email to confirm we and the Owner accept your booking. The Booking confirmation email shall include the Owner’s contact details.
2.6 These Terms will become binding on all parties when we issue you with confirmation of your Booking via email, at which point a contract will come into existence between all parties.
2.7 If any of these Terms conflict with any term contained within the Booking, the acceptance of a Booking, or the Property Specific Terms, these terms will take priority.
2.8 We will assign a reference number to the Booking and inform you of it when we confirm the Booking. Please quote the reference number in all subsequent correspondence with us relating to the Booking.
2.9 If you make a Booking over the phone then these Terms will apply to such Booking.
2.10 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process or included in the Property Specific Terms. You guarantee that you will not exceed that number.
2.11 Unless otherwise stated in the Property Specific Terms, or agreed by us or the Owner, the Property shall be available to you at 4pm on the Arrival Date until 10am on the Departure Date. You guarantee that you will arrive at and leave the Property at or within the time scales set out in this clause 2.11. Your Accommodation will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the Security Deposit or otherwise) in the event that you arrive before 4pm on the Arrival Date or if you have not left the Property by 10am on the agreed Departure Date.
2.12 Any illustrations, photographs and other imagery displayed are for illustrative purposes only are subject to change and not warranty or other representation is made as to the quality of the Property by us via the website.
2.13 The activities that may be shown in literature or media on our site are outside our control and are not supplied by us. If you wish to carry out any activity at or near the Property, we strongly recommend that you book the activity with the relevant provider.
2.14 You confirm that you are over the age of 18. 3. OWNER’S CONTRACT WITH YOU
3.1 Once we confirm your Booking (see clause 2.6) the Owner agrees to provide Accommodation in accordance with clause 5.
3.2 The Owner agrees to meet the minimum standards as required by us to ensure the Property is suitable for Accommodation, including but not limited to, health and safety measures, basic facilities and maintenance of the same etc.
3.3 You or the Owner can cancel this contract in accordance with clause 12 and 13. 4. CHANGES TO BOOKING OR TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
4.1.1 changes in how we accept payment from you;
4.1.2 changes in relevant laws and regulatory requirements; or
4.1.3 if we have a valid commercial reason to do so.
4.2 If we have to revise these Terms under clause 4.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12.
4.3 You may request a change to the Booking for Accommodation by contacting us using the contact details provided to you in the Booking confirmation email. Any changes to the Booking:
4.3.1 are permitted at the sole discretion of us or the Owner;
4.3.2 that results in a change in the total price of the Accommodation, we will notify you of the amended price in writing. If you do not wish to accept the amended price then the Booking shall remain as originally placed.
4.4 If you wish to cancel a Booking before the start date for Accommodation, please see your right to do so in clause 12. 5. PROVIDING ACCOMMODATION & RESTRICTIONS
5.1 The Owner will supply the Accommodation to you for the period set out in the Booking.
5.2 Access to the Property is subject to your adherence to the terms of this Agreement and the Property Specific Terms, where provided.
5.3 The Owner will make every effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside our Control. See clause 11 for our responsibilities when an Event Outside our Control happens.
5.4 If you do not pay us for the Accommodation when you are supposed to, access to Accommodation will not be permitted.
5.5 Broadband internet access is offered in some properties. Where the Owner does offer broadband, this is on the basis that neither they nor we promise that the service will be available constantly and that it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and neither the Owner nor we will be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.
5.6 Various amenities are offered in some properties such as swimming pools, tennis courts and fishing equipment. Where the Owner offers any such amenities, this is on the basis that neither they nor we promise that amenities will be available for the whole or any part of your Accommodation. Where amenities are available you acknowledge that use of the amenities will be at your own risk and we do not have or accept any responsibility for loss or damage to any guests’ property whilst using the amenities.
5.7 Unless otherwise agreed with us or the Owner, pets shall not be permitted on any part of the Property. If we or the Owner discover pets have been brought onto the Property without the prior consent of the Owner or us, you will be in breach of these terms and may lose your Security Deposit (as defined in clause 6) and/or receive an invoice for any damage caused or loss suffered as a result of that breach. Whilst we generally operate a no pets policy, we nor the Owner can guarantee that pets have not previously been kept at the Property.
5.8 Where the Owner has given their express permission for you to bring pets onto the property, there may be an additional charge per pet. You must not exceed the number of pets on the Property permitted by the Owner at any time. No pet should be left unsupervised in the Property. Pets are not permitted in the bedrooms or on furniture. Any fouling must be removed immediately. You will be in breach of these terms and may lose your Security Deposit (as defined in clause 6) and/or receive an invoice for any damage caused or loss suffered for damage caused by pets.
5.9 Smoking is not permitted in any part of the Property including outdoor areas. If we or the Owner becomes aware of evidence of smoking on Property, you will be in breach of these terms and may lose your Security Deposit (as defined in clause 6) and/or receive an invoice for any damage caused or loss suffered as a result of that breach.
5.10 You shall take proper care of the Property and its contents during the Accommodation and may lose your Security Deposit (as defined in clause 6) and/or receive an invoice for any damage caused or loss suffered (including breakages) if the Property and its contents are not left in the same state in which it is found at the beginning of the Accommodation.
5.11 You shall ensure the Property is left clean and tidy and in the same state of cleanliness and order as found on the Arrival Date. Unless otherwise agreed with us or the Owner, you must not move any furniture within the Property or outside of the Property. If we or the Owner become aware of any evidence that you are in breach of this clause 5.11, you will be in breach of these terms and may lose your Security Deposit (as defined in clause 6) and/or receive an invoice for any damage, additional housekeeping and cleaning expenses or loss suffered as a result of the breach.
5.12 Any Property Specific Terms provided to you upon Booking shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles us and/or the Owner to cancel the contract. 6. SECURITY DEPOSIT
6.1 A Security Deposit may be required to be paid by you in respect of damage to the Property, damage or loss of contents, damage or loss to keys, excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenities provided at the Property).
6.2 The value of the Security Deposit payable in respect of the Property is specified in GBP on the Website.
6.3 The Security Deposit will be pre-authorised 5 days before the Arrival Date.
6.4 We or the Owner may invoice you and/or attempt to charge your card details (where provided) in order to recover reasonable costs if the Security Deposit paid under this clause 6 is insufficient to repair or replace any damage caused to the Property or its contents during your Accommodation.
6.5 The Owner will report any issues with the Property within 2 Business Days from the Departure Date and, where:
6.5.1 no issue is reported, we will refund the Security Deposit to you; or
6.5.2 there is an issue, the Owner will indicate the amount to be returned or any further charges (which may be adjusted at our sole discretion); This clause 6.5 shall not apply where a complaint has been raised by the Owner/you through you/the Owner directly within 2 Business Days of the Departure Date. 7. PRICE AND PAYMENT
7.1 The Booking Price will be set out at the time you place your Booking and at the time we confirm your Booking.
7.2 All Payments may be made by debit card or credit card.
7.3 Cash, American Express and postal orders are not accepted as payment. Cheques and bank transfers may be accepted as payment at our discretion.
7.4 Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Accommodation in full before the change in the rate of VAT takes effect.
7.5 You must pay a minimum Booking Deposit (to include the Booking Fee) as notified to you at the time of Booking. The remaining balance of the Booking Price must be paid by the Balance Due Date, unless the Booking is made with less than 40 Business Days before the Arrival Date, in which case the full balance of the Booking Price must be paid at the time of Booking.
7.6 We will notify you a week before the Balance Due Date that payment is due. Unless we receive payment before the Balance Due Date or you notify us otherwise, we will try and take payment once on the Balance Due Date using the card details we hold for you.
7.7 If payment fails we will send you a payment reminder by email and the Late Payment Fee will be payable in addition to the remaining balance of the Booking Price.
7.8 After 7 days we may apply a Late Payment Fee.
7.9 If you do not make any payment due to us by the Balance Due Date for payment, we and/or the Owner may cancel your Accommodation and terminate this contract. In these circumstances, your rights to a refund are set out in clauses 13 and 14.
7.10 Upon receipt of full payment we will provide you with arrival instructions which shall include contact details for the Owner or their representative. 8. LEGAL RIGHTS AND COMPLAINTS
The Owner is responsible for the state of the Property upon your arrival. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8.1 In the event of a complaint about the Property:
8.1.1 you must first raise your complaint directly to the Owner (or such individual nominated by the Owner as notified to you in the arrival instructions);
8.1.2 the Owner must address any issues reported within 1 Business Day of being notified and take all reasonable steps to reach a satisfactory resolution for all parties; and,
8.1.3 if a resolution cannot be reached between the parties then we will decide the outcome given the evidence presented. Our authority will be absolute and binding on both parties.
8.2 For the avoidance of doubt, any claim that follows as a result of a complaint raised by you (whether deemed resolved or not) shall be the responsibility of the Owner.
8.3 In the event of a complaint by the Owner, as notified to you via your preferred method of contact:
8.3.1 you must address any issues reported by the Owner within 3 Business Days of being notified and take all reasonable steps to reach a satisfactory resolution for all parties; and,
8.3.2 if a resolution cannot be reached between the parties then we will decide the outcome given the evidence presented. Our authority will be absolute and binding on both parties.
8.4 For the avoidance of doubt, any claim that follows as a result of a complaint raised by the Owner (whether deemed resolved or not) shall be the responsibility of the Owner.
8.5 In the event of a complaint from you to us, please call us on 01872 264 441 or email us at [email protected]
We will respond to any such complaints within 7 Business Days. 9. OUR LIABILITY TO YOU
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
9.2 Neither we nor the Owner exclude or limit in any way our liability for:
9.2.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.2.2 fraud or fraudulent misrepresentation;
9.2.3 breach of the terms implied by section 2 of the Supply of Goods and Accommodation Act 1982 (title and quiet possession);
9.2.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Accommodation Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
9.2.5 defective products under the Consumer Protection Act 1987.
9.3 We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
9.4 We do not have any responsibility or liability to you for any acts or omissions (including building work) by third parties which may affect or disrupt your enjoyment or use of the Accommodation. 10. OWNERS LIABILITY TO YOU
10.1 If the Owner fails to comply with these Terms, they are responsible for loss or damage you suffer that is a foreseeable result of their breach of the Terms or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Owner at the time this contract was entered into. For the avoidance of doubt, the Owner is not responsible for any transport and/or alternative accommodation costs.
10.2 The Owner only supplies the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial, business or re-sale purpose, and the Owner has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact the Owner.
10.3 The Owner does not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused. 11. EVENTS OUTSIDE OUR CONTROL
11.1 Neither we nor the Owner shall be in breach of this Agreement nor liable for delay in performing, or failing to perform, any of our obligations under this Agreement if such delay or failure results from events, circumstances or causes (including travel or other restrictions or prohibitions imposed by any government or public authority) beyond our reasonable control (Events Outside Our Control).
11.2 For the avoidance of doubt:
a) building work undertaken by a third party shall be an Event Outside Our Control; and
b) this clause will apply to weather conditions only for so long as there is a severe weather warning issued by the MET Office for the area of the Property.
11.3 For so long as there shall be an Event Outside Our Control, the time for performance of our and the Owner’s obligations during the period selected for your Booking shall be postponed; but on no account shall you be entitled to stay on at the Property after your Departure Date.
11.4 If any Events Outside Our Control occur, we will not refund you the Booking Price or any part. It is your responsibility to ensure that you have adequate travel and holiday insurance in place to cover any loss or damage that you may suffer as a result of cancelling your stay at the Property or being unable to take your stay." 12. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 You may cancel a Booking at any time prior to the Arrival Date by contacting us. We will confirm your cancellation in writing to you. You may be liable to pay the Booking Price in whole or in part as set out in clause 12.3 below.
12.2 Your Booking Fee is non-refundable.
12.3 Your Booking Deposit and any sum paid toward the Booking Price (other than the Booking Fee) is refundable where you cancel more than 41 Business Days before the Arrival Date and the Property is re-let at the full Booking Price. Your Booking Deposit will be refunded on a pro-rata basis where the Property is re-let at a price which is lower than the Booking Price.
12.4 if you cancel a Booking 40 Business Days or less before the Arrival Date: (a) if we are able to rebook the Property with another customer for the Booking Price then you will receive 70% of the Booking Price; (b) if we are only able to book the Property at a lower price than the Booking Price, then you will receive the sum at which the Property is booked minus the Booking Deposit; or (c) if we are unable to book the Property you will be charged 100% of the Booking Price.
12.5 Clause 12.3 shall apply where payment of the full balance is not made by the Balance Due Date, thus resulting in the cancellation of your Booking.
12.6 If you have already made payment of the Security Deposit, this will be returned to you.
12.7 Where you have cancelled a Booking because of our or the Owners failure to comply with these Terms or if we change these Terms under clause 4.1 and you elect to cancel the contract (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us and you may enter a claim to request a full refund through us.
12.8 After the Arrival Date, you may only cancel the contract for Accommodation by giving us notice if we or the Owner:
12.8.1 breaks this contract in any material way;
12.8.2 goes into liquidation, bankruptcy or a receiver or an administrator is appointed over our assets;
12.8.3 are affected by an Event Outside Our Control. 13. OWNERS RIGHT TO CANCEL
If the Owner cancels the Booking before the Arrival Date, you will have the option to either have a full refund, to transfer the funds we hold to another Booking or we can hold the funds on account as credit until you find a suitable alternative Booking. 14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the Accommodation. We will promptly contact you if this happens.
14.2 If we have to cancel a Booking under clause 14.1 and you have made any payment in advance for Accommodation that have not been provided to you, we will refund these amounts to you.
14.3 If, under clause 11.3, we are unable to find suitable alternative accommodation then we may cancel the Booking and at your option refund any fees paid to us in accordance with the Booking or hold the funds on account as credit until you find a suitable alternative property.
14.4 We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if you:
14.4.1 do not pay us when you are supposed to; or
14.4.2 break the contract in any other material way.
14.5 The Owner may cancel Accommodation at any time before the Arrival Date, and your rights in this circumstance are as set out at 13. 15. INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 If you have any questions or are unable to contact the Owner directly for any reason, please contact us. You can contact us by telephone on 01872 264 441, email us at [email protected]
or write to us at Cornwalls Cottages Ltd, The Coach House, Carclew Street, Truro, Cornwall TR1 2DZ.
15.2 If any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us using the email address or postal address provided above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in the Booking. 16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1.1 provide the Accommodation;
16.1.2 process your payment for Accommodation;
16.1.3 process identity checks where necessary; and,
16.1.4 inform you about similar products or services that we provide, where you have permitted us to. You may stop receiving these at any time by contacting us.
16.2 We provide your Personal Data to Owners in order that they can provide you with the Accommodation.
17.1 We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.
17.2 This contract is between you and us. However, you acknowledge that the Owner may enforce any and all of the Terms of this agreement against you.
17.3 Except for you, us and the Owner, no other person shall have any rights to enforce any of its terms. No-one other than such individuals as are listed in the Booking may enjoy the Accommodation.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If we or the Owner fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.