Cornwall Holiday Cottages Ltd - Terms of Business
Cornwall Holiday Cottages Ltd ("CHC") is a limited company (registered in England with company number 4924028) whose registered address is Overdene House, 49 Church Street, Theale, RG7 5BX and whose address for correspondence is Cornwall Holiday Cottages Ltd, Appensleigh, Feock TR3 6SD, and also trading as Crantock Holiday Cottages. CHC does not hold any proprietary interest in the properties but merely acts as agent for the owners of the property ("the Owner"). The letting arrangements are made by CHC on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
2 Making a booking
2.1 Bookings may be made by telephone, email or via one of the CHC websites. 2.2 You must provide details of all persons in your party including names and ages. This information is provided to the Owner for insurance purposes. Bookings are accepted from couples or family groups only, single sex parties or groups of predominately one sex or groups under the age of 23 are not allowed unless approval has been given by CHC. 2.3 A booking is complete once you have received confirmation from CHC by email or by post in writing and the booking deposit has been received. CHC will confirm receipt of the booking deposit by email if an email address is recorded or the receipt will be sent by post. 2.4 CHC reserves the right to cancel bookings that do not conform to its Terms of Business.
3.1 A booking, whether by post or via a CHC website, must be accompanied by full payment or a booking deposit. 3.2 25% of the total rent due is payable as a booking deposit when booking more than 8 weeks in advance of the holiday start date. 3.3 If a booking is made less than 8 weeks in advance of the holiday start date, the full rent must be paid by you at the time of booking. 3.4 CHC reserve the right to charge a £100 (or greater) Refundable Occupancy Deposit (as set out in condition 10) and is payable to CHC when the final payment is made.
4 Final Payment
4.1 Payment of the balance of the rent must be made to CHC at least 8 weeks before the holiday start date ("the Due Date"). 4.2 CHC will be entitled to treat non-payment by the Due Date as a cancellation of the booking. 4.3 CHC may not send, and shall not be responsible for, sending reminders of the Due Date.
5 Changing a Booking
5.1 Once a booking has been accepted and confirmed by CHC the booking can only be changed with the written agreement of CHC. 5.2 Booking changes may be subject to an administration charge of £25. 5.3 A change of date or chosen property may result in the cancellation of one booking and the creation of another. In these circumstances, cancellation charges may apply.
6.1 If you wish to cancel the booking you must notify CHC in writing ("Cancellation Notice"). 6.2 A booking can only be cancelled 8 weeks prior to the holiday start date. 6.3 No refund will be given if you fail to arrive at the property on the holiday start date or leave before the end of your holiday date, or the event that a cancellation is made then a cancellation charge is payable depending on the number of days before the letting start date the Cancellation Notice is received in writing by CHC. The cancellation charge payable is: 0-30 days 100% of cost of letting, 31-59 days 80% of cost of letting, 60 days or more the Deposit paid. 6.4 In the event of us needing to cancel your booking, we will refund all the monies you have paid and there will be no administration charge. 6.5 In the event of any cancellation or CHC refusing a booking, no payment commissions or payment administration fees that have been charged will be refunded.
7 Duration and Times of Letting
7.1 All properties are available from 16:00 on the first day of the letting until 10:00 on the day of departure, unless otherwise notified. 7.2 The period booked cannot be exceeded without CHC's prior approval. You will be liable for any cost of whatever nature incurred because of an unauthorised extension. 7.3 The maximum consecutive letting period is 4 weeks in any one calendar year.
8 Your Obligations
8.1 You agree: (a) where a telephone is available for use at the property, to pay for all telephone call charges incurred and observe the Fair Usage policy for broadband/wifi; (b) to vacate the property by 10am on the agreed day of departure; if you fail to depart by 10am the Property Manager will be entitled to charge an hourly rate for the delay in the execution of their duties. To pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded); where an inventory is left at the property, you must report any discrepancies to the Property Manager or CHC within 24 hours of arrival. You must also report to the Property Manager or CHC within 24 hours of arrival, if the property has not been cleaned to the standard you would expect. If no report is made the cleanliness of the property and the inventory will be deemed to be correct; (d) to take good care of the property and leave it in a clean and tidy condition at the end of the letting period. A cleaning service is not provided during the letting period unless otherwise specified in writing or agreed. Should the Owner or CHC be dissatisfied with the condition of the property upon your departure, they may refuse to take a booking from you again. If you are excluded from a property then CHC have the right to refuse any more bookings from you at any property; To ensure that the property is adequately heated and ventilated and that condensation or mildew is not allowed to develop during your stay. If mildew does develop you are obliged to immediately inform the Property Manager so that action can be taken to rectify the situation. Failure to adequately heat and ventilate the property or to take action if mildew forms will leave you responsible for the cost of any remedial repairs required; (f) to ensure that all cooking utensils, crockery, cutlery, etc are washed and either placed in the dish washer (where provided) or put away in the cupboards provided; (g) to bag all rubbish in black bin bags and place it in the wheelie bins provided (if you would like to take items to be recycled, please ask the Property Manager for directions); (h) to permit CHC, the Owners and their agents reasonable access for the inspection or repair of the property; (i) not to part with possession of the property, or share it, except with members of the party confirmed in the booking; (j) not to sell or transfer the booking to another party without the written agreement of CHC; (k) not to exceed the total number of people stipulated in the property description; (l) not to use a cot for a child over the age of 24 months; (m) to respect the well-being of those occupants of adjoining or nearby properties and not to cause an annoyance or become a nuisance. Complaints from adjoining or nearby occupants to CHC regarding your behaviour may result in CHC requiring you to leave the property immediately without a refund of any monies paid by you; (n) not to smoke in any of the properties.
8.3 Where guests are staying for more than seven days the Property Manager will provide a clean of the property and change linen. If this is declined by the guest then the Property Manage has the right to undertake an inspection of the property.
8.2 If any additional time is required to undertake the activities listed in conditions 8.1(a) to 8.1(g) by the Property Manager, we reserve the right to charge for this additional activity. Ay such charge will be deducted from the Refundable Occupancy Deposit and not limited to the Refundable Occupancy Deposit.
8.4 Any additional cleaning or damage caused by smoking (in breach of condition 8.1(m)) will be charged at the discretion of the Property Manager.
8.5 Where the number of guests staying is specified on the booking form, only the number of bathrooms, bedrooms and beds required must be used. If there are for example two guests, it is assumed that a double or two single beds in one room would be used and only one bathroom used. If more bathrooms or bedrooms or beds are required then this must be agreed before they are used and CHC reserves the right to charge the standard additional occupancy rate if more are used during your stay.
8.6 CHC would advise that you take out your own insurance to cover against any damages that may occur. You should ensure that any such insurance covers you for pre-booked UK self-catering holidays.
9 Oil, gas and electricity
9.1 Where electricity is not included in the rent or a fixed charge levied for its use, it is charged by meter using a pre-paid key that can be topped up at the local Post Office. Our Property Manager will agree with you the amount on the key meter when you arrive on your holiday start date, and then the amount at the end of the holiday letting. Please try to ensure that the amount of credit on the key is the same as at your holiday start date. If this is not the case, the Property Manager will then charge you for the difference at the same rate as we pay the electricity company. 9.2 Where there is oil or Liquid Petroleum Gas (LPG) fired central heating and water heating and the oil or LPG is not included in the rent or a fixed charge levied for its use, oil or LPG is charged by meter. The total charge will be calculated at the end of the letting period and the Property Manager will then charge you for the amount used. 9.3 When central heating is on a thermostatically controlled timer, instructions will be provided in the Welcome Pack to you by on arrival at the property . A condition of booking is that the thermostatically controlled timer settings must not be reprogrammed.
10 The Refundable Occupancy Deposit
10.1 Properties that always require a Refundable Occupancy Deposit will have this condition stated in the Cottage Description on our web site. For properties where it is not stated on our web site, we reserve the right to levy a Refundable Occupancy Deposit and you will be informed within a reasonable period after the booking has been made and have the right to cancel your booking at no charge other than any payment commissions incurred by CHC. 10.2 When a Refundable Occupancy Deposit has been levied the Property Manager will deduct the following costs from the Deposit and return inform CHC of the refund due, which CHC will use reasonable endevours to return within 14 days: (a) the cost of any electricity, oil or gas used where this is not included in the rental price; (b) any telephone charges incurred in accordance with condition 8.1(a). Any additional charges incurred in accordance with conditions 8.2 and 8.3. (d) any additional charges incurred in accordance with condition 14. 10.3 The Refundable Occupancy Deposit is non-interest bearing. 10.4 If the Refundable Occupancy Deposit has not been levied or is not sufficient to cover the costs outlined in condition 9.1 above, the Property Manager, the Owner and the CHC reserve the right to request further payment for any outstanding charges.
11 Non-availability of Property
11.1 Before you have occupied the property, if for any reason beyond CHC or the Owners' control the property is not available on the date booked, or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by you will be refunded in full and CHC may cancel the booking. 11.2 Where possible CHC will provide you with four weeks notice except in extraordinary circumstances.
12 Price Changes
12.1 CHC has made all reasonable efforts to accurately describe the property in the information that we publish. 12.2 CHC cannot accept responsibility for errors contained in the information or any misdescription as a result of inaccurate information given to us by the Owner. 12.3 You acknowledge that minor differences may arise between the information given and the actual property itself. 12.4 CHC reserves the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate, but such changes shall be notified to you as soon as possible. 12.5 You shall be at liberty to cancel the booking 12 weeks prior to the holiday start date if the amended price is significantly higher than the original price quoted. 12.6 Subject to condition 12.4, any changes in the rate of VAT payable on the letting will be borne by you.
14.1 By prior agreement with CHC (and where confirmed in the Booking Form), for a charge at the time of booking, it may be possible to accommodate dogs over twelve months old who are fully trained in our properties. This will be confirmed at time of booking and the name, breed/type, age, size and number of dogs to be brought must be confirmed on the booking form. CHC reserves the right to cancel bookings or apply special terms if dogs are being brought. 14.2 It may be possible to bring an extra dog at the absolute discretion of CHC where requested and agreed in writing in advance. 14.3 You must bring a basket or blanket for your dogs and clean all the rooms the dogs have been in daily and prior to departure. 14.4 Dogs are not permitted upstairs, in the bedrooms, on the furniture (including any soft furnishings). Neither CHC nor the Owners can accept responsibility for the safety of your dogs. Dogs must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the dog. You must leave a property as though a dog had not been in the property so there is no trace of the dog after your stay. 14.5 A weekly charge will be made for each dog, which is payable at the time of booking. 14.6 It is your responsibility to ensure your dogs do not disturb those in adjoining properties or nearby and, on departing from the property, it is your responsibility to ensure that you have cleared up after your dogs and that there is no trace of your dog having been at the property, both inside and outside. 14.7 Dogs must be kept on a lead at all times in the communal areas. 14.8 You will be held responsible for any damage or mess caused by your dogs and be charged for any additional cleaning or repairs required. 14.9 Where the description of a property states 'regret no dogs' or otherwise restricts the keeping of dogs at the property, CHC and/or the Owners cannot guarantee that there has been no dogs previously kept at the property.
15 Method of Payment
15.1 Payments may be made by UK debit cards at no fee. Fees may be charged for UK credit cards, cheques drawn from a UK bank, or cash (in the case of last minute bookings only). The web site will display any charges at the time of booking and will be shown on your booking form. 15.2 Cheques for rentals should be made payable to 'Cornwall Holiday Cottages Ltd' and cash should always be sent by recorded delivery post and only when agreed in advance. 15.3 Post-dated or undated cheques are not acceptable. 15.4 All payments must be sent to Cornwall Holiday Cottages Ltd, Appensleigh, Feock TR3 6SD. 15.5 Any charges raised against CHC by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse CHC within seven days of receipt of notification from CHC.
16 Overseas Bookings
Overseas applicants may pay by Sterling cheque drawn on a UK bank or by telegraphic transfer to our own bank (details available on request). Any charges for payments from your bank must be included in the total amount sent. If such charges are not included then they will be passed on to you.
CHC reserves the right to accept or refuse bookings in their absolute discretion.
18 The Holiday Letting
18.1 The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988. 18.2 The letting does not confer upon you a shorthold tenancy.
19 Information published
Some of the information published by CHC relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside CHC's control. If CHC is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes via its websites.
20.1 All complaints must be made to the Property Manager in the first instance, or CHC if you feel that it would be more appropriate to do so, as soon as is reasonably practicable. 20.2 If CHC or the Owners were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint.
21.1 Bed linen, tea towels and hand towels in the bathrooms are provided at the start of your stay.
22 Bath and Beach Towels
22.1 Bath and beach towels are not provided unless stated in the online cottage details.
23 Log burning stove
23.1 In properties where there is a log burning stove, the initial firewood is provided. 23.2 The Welcome Pack explains where additional wood can be purchased.
24 Swimming Pools and Hot Tubs
Subject to condition 12, the price quoted will be the price inclusive of VAT where payable.
26 Breach of Contract
26.1 If there shall be a material breach of any of these conditions by you, the Owners or CHC reserve the right to re-enter the property and terminate the letting. 26.2 If there shall be a material breach of any of these conditions by CHC or the Owners, then you have the right to terminate the letting. 26.3 In the event that CHC is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you. 26.4 Termination of the letting pursuant to condition 26.1 and 26.2 does not affect that party's other rights and remedies.
27 Governing Law and Jurisdiction
Any dispute between us will be governed by the exclusive law and jurisdiction of the English Courts.
28 Authority to Accept
The person who completes the booking and therefore accepts the terms of these booking conditions confirms that: (a) he or she is authorised to agree the booking conditions on behalf of all persons included on the booking, including those substituted or added at a later date; (b) he or she is over twenty three years of age and a member of the party intending to occupy the property; and he or she agrees to take responsibility for the party occupying the property.
29.1 In case of a discrepancy between these booking conditions and any other contents of CHC conditions, these conditions shall prevail. 29.2 In the event of inconsistency between these booking conditions and any other information regarding the property, these booking conditions will prevail.
30 Data and Privacy
31 Validity Condition
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
32 Web Site Usage
Version - 15/03/2015.
All comments, queries and requests relating to our Acceptable Use Policy are welcomed and should be addressed to the Company Secretary, Cornwall Holiday Cottages Ltd, Appensleigh, Feock TR3 6SD. You can also contact us by email at firstname.lastname@example.org.