Covid-19 has thrown us a curveball that none of us could have imagined. View our temporary, flexible variation to our standard cancellation policy for stays which may be affected by the virus here.
Please read the following important terms and conditions before you proceed with your booking to check that they contain everything which you want and nothing that you are not willing to agree to.
•Your legal rights and responsibilities;
•Our legal rights and responsibilities; and
•Certain key information required by law.
In this contract:
• ‘We’, ‘us’ or ‘our’ means Cornish Holiday Cottages Limited; and
• ‘You’ or ‘your’ means the person making a booking with us.
If you don’t understand any of this contract and want to talk to us about it, please speak with our representative or contact us by:
• Email: firstname.lastname@example.org (emails will be responded to between the hours of 9am – 5pm Monday to Saturday); or
• Telephone: 01326 250339 (calls will be answered, 9am to 5pm Monday to Saturday).
• If you would like this contract in another format (for example: audio or large print) please contact us using the contact details at the top of this contract.
Who are we?
We are Cornish Holiday Cottages Limited, a company registered in England and Wales under company number: 07539479.
Our registered office is at: The Square, Mawnan Smith, Falmouth, Cornwall, TR11 5EP.
Our VAT number is:113154167.
We do not own the properties advertised but act as agent only for the Property Owners. These terms govern the basis of the booking that you are making with the Property Owners.
1.1 If you proceed to make your booking with us you agree to be legally bound by this contract.
1.2 When making your booking you also agree to be legally bound by extra terms which may add to, or replace some of, this contract. This may happen for any changes to the relevant legislation relating to your booking, such as any changes to health and safety legislation. We will contact you to let you know if we intend to do this by giving you two weeks notice. These terms shall form part of this contract as though set out in full here.
2 Your privacy and personal information
3 Booking with us
3.1 Below, we set out how a legally binding contract between you and us as agent for the Property Owner is made.
3.2 When you make your booking with our representative by completion of our booking form, they will acknowledge your request during the telephone call or by a further follow up call or email . Alternatively if you are making a booking via our website then this acknowledgement will be sent to you by email to the address provided. This acknowledgement does not, however, mean that your booking has been accepted.
3.3 We may contact you to say that we do not accept your booking. If we do this, we will try to tell you promptly why we do not accept your booking. This is typically for the following reasons:
3.3.1 the date was shown as available in error;
3.3.2 we cannot authorise your payment;
3.3.3 if you are under the age of 18 years of age;
3.3.4 your booking is for over four people that are 25 years of age or under; or
3.3.5 there has been a mistake on the pricing or description of the services.
3.4 All of our bookings are subject to a £30.00 (inclusive of VAT) booking fee (Booking Fee). This fee shall be charged at the time you place your booking and shall apply for each stay that you book with us.
3.5 We require a deposit of 30% of the total booking cost to be paid within 7 days of the date of your booking request. Should your arrival date fall within 28 days of your booking request then the full booking cost plus any optional extras will be payable.
3.6 We will only accept your booking when our representative confirms this to you in writing or we will send you an email to confirm this (Booking Confirmation Email). At this point:
3.6.1 a legally binding contract will be in place between you and us as agent for the Property Owner;
3.6.2 your booking will be finalised and the date blocked for the property; and
3.6.3 you will be liable for the whole deposit and balance subject to these terms and conditions.
3.7 Please note that we no do not accept responsibility for changes to specifications to the properties throughout the year. If any particular feature or aspect of a property is important to you, please check at the time of booking.
4 Charges and payment
4.1 Details of the total charge for the booking and the deposit paid will be set out in the Booking Confirmation Email.
4.2 The balance due for the booking is due four weeks before arrival. We will not send you a reminder when this is due for payment.
4.3 We also require payment of a Security (Damages) Deposit. The Security Deposit is a pre-authorised amount which will be held on your behalf from the day on which you pay your balance. The pre-authorisation will not show as a transaction on your statement as the amount is simply held. The pre-authorisation will be released in full within 14 days of departure provided that the property has been left in a clean and tidy order, that there have been no damages or breakages during your stay and provided that you have complied in full with the provisions of these Terms and Conditions and in particular clause 5. In the event that you fail to make a Security Deposit then your booking will be cancelled and you will be charged a cancellation charge on the same basis as set out in clause 8.
4.4 We accept cash, cheques, bank transfer and all major credit cards and debit cards, except American Express. Non EEA and commercial cards incur a 1.96% handling fee. All payments by credit card or debit card need to be authorised by the relevant card issuer.
4.5 The price of the booking does not include the following, which is not an exhaustive list:
(a) any telephone charges incurred during your stay, unless this is specified in the details for the property;
(b) pet charges;
(c) mooring charges;
(d) towel hire (where applicable);
(e) kayak hire (prices available on the property listing); and(f) any additional items identified on our website for the property or as set out in the Booking Confirmation Email.
5 Guest Obligations
5.1 You will be responsible for any losses or damages to the property however caused (reasonable wear and tear excluded) and are responsible for all occupants of the property for the duration of your stay. Losses or damages should be reported to the office.
5.2 The property must not be used for any illegal purposes and we will not tolerate any antisocial behaviour. You may be asked to leave should we be notified of any disturbance at the property or any undertaking in illegal activities.
5.3 Only the persons as detailed in the booking are permitted to occupy the property. Under no circumstances is any other person to be admitted without our prior written consent.
5.4 All of our properties are non-smoking and smoking is not permitted in or around the property.
5.5 You must keep the property, furniture, fittings and effects in or around the property, in the same state of repair and condition as at the commencement of the holiday, and must also leave the property in the same state of cleanliness and general order in which it was found. The Property Owner or us as agent will be entitled to make an additional charge to you if extra cleaning is necessary as a result of the property being left in a dirty condition upon departure.
5.6 Towels are not provided unless otherwise stated in the details of your booking. Hire towels may be available for use in the property only and may not be taken away for use on beaches or for other activities.
5.7 You must not take pets to the property without our prior knowledge and consent. If permission is granted you agree to pay an additional charge as detailed on the website and further that all pets:
5.7.1 must be kept off all furniture and out of the bedrooms;
5.7.2 must not cause excessive noise or a disturbance;
5.7.3 must not be left unattended in the property;
5.7.4 all pet hair and waste must be cleaned up; and
5.7.5 pets must be at least one year of age and fully house trained.
5.8 Tents, caravans or any similar structure are not permitted to be pitched at the property.
5.9 Some of our properties are old cottages that are several hundred years old. They require air circulation throughout the building in order to avoid and manage damp. Please ensure that doors and windows are opened to ensure circulation. We advise that elderly, very young babies and those susceptible to moist atmospheres avoid booking these properties.
5.10 In the event of any issues at the property you must report this immediately in accordance with clause 6.
5.11 You shall allow the Property Owners, caretakers or us or our agents access to the property without notice in the event of an emergency or should we believe that you are in breach of these terms or in any other case on being given reasonable notice.
5.12 You must depart the property no later than 10am on your date of departure as stated in your booking. Please ensure that you have left on time to allow time for our caretakers to prepare the property for the next visitors.
5.13 Failure to adhere to any of the rules in this clause 5 may result in us rejecting any future booking for you and pets being refused in the future. We also reserve the right to suspend your booking with no refund being due to you.
5.14 If you or any occupant of the Property shows any symptoms of Covid-19 or has been in contact with anyone diagnosed or showing symptoms at any time prior to or during your stay you must notify the Property Owner or us immediately.
6 Breakdown and complaints
6.1 In the event that there are any issues, defects or problems with the property then please inform us as soon as reasonably possible to provide us with a reasonable opportunity to repair or fix any defect or to discuss the problem with you.
6.2 We will use every effort to try and resolve the problem for you or to make some alternative arrangement within 24 hours from receipt of notification from you of the issue where the defect may affect your essential use of the property and within 48 hours from receipt of your notice in all other circumstances.
6.3 In no circumstances will any complaint be accepted if it is brought to our attention after your stay has ended.
6.4 If your complaint relates to cleanliness, these will only be considered if they are raised within the first 24 hours of arrival.
7 Changes to your booking
7.1 We reserve the right to make changes to your booking. We will always endeavour to try to fulfil your booking request but there are circumstances that may mean that we cannot avoid the need to do so. We also reserve this right to do this on behalf of the Property Owner. We will contact you by phone if reasonably possible in the case of a significant change or cancellation and if only a minor change will do so by email or post as soon as reasonably practical. We will have no further liability to you should we need to make any change.
7.2 We reserve the right specifically in relation to the Covid 19 (or any mutation of it) and any recommendations from government or any health organisation related directly or indirectly to Covid 19 to modify your booking in line with Government advice and subject to our own assessment of what is reasonable for the health and safety of us, our agents, the Property Owner and their caretakers and cleaners. In particular we may need to change your arrival or leaving date so as to ensure a sufficient period between bookings to undertake a deep clean and also to leave the property empty for a period time. We will advise you of any changes that we need to make as soon as possible.
8 Your right to cancel
8.1 Please note that our cancellation terms apply as set out below for all bookings made after 1st May 2020. We recommend that you take out appropriate Cancellation Insurance Policy to protect your booking. Please note that there may be restrictions in your insurance policy to prevent you claiming for any reason relating to the Covid-19 pandemic and any mutation of or illness associated with the virus. This may mean that you will be liable for the full amount of your booking even should you be unable to travel or undertake the whole or any part of your stay. By proceeding with your booking, you acknowledge and accept this risk.
8.2 You may cancel your booking at any time. Once you have paid your deposit the full balance of your booking becomes due and you will remain liable to pay us the full balance on the balance due date. We will use all reasonable endeavours to rebook the property. In the event that we are able to do so we will refund to you the total amount that we have recovered minus a cancellation administration charge of £50.00. Please note that if we are unable to book the property then all sums due from you remain payable on the due date as specified in the Booking Confirmation Email.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (eg a letter sent by post or email) using the contact details at the top of this contract. You may use the attached model cancellation form, but it is not obligatory.
8.4 We will use all reasonable endeavours to rebook the property should you exercise your right to cancel and this may mean that we advertise the property at a special rate. In the event that we are able to rebook the property at a lower rate, you shall remain liable to pay the balance between the full balance due in your Booking Confirmation Email and the amount that we were able to rebook the property for.
9 Events outside of our control
9.1 Upon the occurrence of an event beyond our or the Property Owner’s reasonable control which prevents or delays performance of our or the Property Owner’s obligations under this contract, our respective obligations to you may be cancelled or delayed. Our inability to proceed and/or any delay shall not be treated as a breach of these terms and conditions.
9.2 We cannot take responsibility for the actions of third parties, including any disturbances, works or other issues from neighbouring properties. We will not be liable for any impact that this may have on your stay.
10 Problems with your booking and dispute
10.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.2 Please contact us using the contact details at the top of this contract if you have any issues. We will try to resolve any disputes with you quickly and efficiently.
10.3 If you are unhappy with:
10.3.1 the booking;
10.3.2 our service to you generally; or
10.3.3 any other matter,
please contact us as soon as possible.
10.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
10.4.1 let you know that we cannot settle the dispute with you; and
10.4.2 give you certain information required by law about our alternative dispute resolution provider which may have in place from time to time.
10.5 If you want to take court proceedings, the courts England and Wales will have exclusive jurisdiction in relation to this contract.
10.6 The laws of England and Wales will apply to this contract.
11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
13 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract
Our friendly team of holiday experts are on hand to help you get the best out of your holiday in Cornwall. Give us a call on 01326 250339