TERMS AND CONDITIONS
All orders are subject to a non-refundable booking fee of £25.00 to cover administrative costs and credit card charges, as detailed in the terms and conditions below.
We respect your privacy and will not pass your details on to any external parties. However as part of your booking we do need to pass on your contact details, including phone numbers, to accommodation and/or activity providers in case they need to get hold of you directly before or during your stay. Also from time to time we provide specials and late deals that we will email you with, you can unsubscribe from these emails at any time by clicking on the unsubscibe link.
ACCOMMODATION TERMS AND CONDITIONS
“Agent” Self Cater Cornwall Holidays Ltd, a company incorporated and registered in the United Kingdom with company number 5992861, whose registered office is at First Floor Offices, Berry Road Studios, Berry Road, Newquay, Cornwall TR7 1AT.
“Booking” the booking of a Property by a Guest in accordance with condition 3
“Booking Fee” a non-refundable fee of £25.00 payable to the Agent for each Booking
“Contract” a contract between an Owner and a Guest for the letting of a Property for holiday purposes
“Deposit” a sum equal to one quarter of the Price
“Guest” means the person making the booking and, where appropriate, includes the members of their party
“Holiday Date” the date from which the Guest has booked the Property
“Owner” means the owner of a Property, and “Owners” shall have the appropriate meaning
“Price” the price payable for the Booking
“Properties” the properties advertised by us as available holiday accommodation, and “Property” shall have the appropriate meaning
“Security Bond” a security bond payable by the Guest to the Agent (on behalf of the Owner) when making the Booking
2 The Agent’s status and the status of these terms and conditions:
2.1 The Agent is an agent of the Owners and has been engaged to market the Properties and arrange Bookings.
2.2 The Agent has no proprietary interest in any of the Properties.
2.3 The contractual relationship in connection with the lettings is between the Owner and the Guest, and
the Agent is authorised by the Owner to enter into the Contract on the Owner’s behalf.
2.4 These terms and conditions apply to any Bookings, and the relationship between the Guest and the Agent.
3 Making a Booking/Changing a Booking:
3.1 Bookings shall be made in accordance with the procedures set out on the Agent's website.
3.2 A Booking Fee is payable for each booking made.
3.3 If the guest wishes to change an existing booking to another date, then subject to availability, Self Cater Cornwall will charge an administration fee of £30.00.
4 Authority to sign:
By making the Booking the Guest certifies that he or she is authorised to agree the terms and conditions on behalf of all persons included in their party, including those substituted or included at a later date. He or she agrees to take responsibility for the party occupying the Property.
5.1 Payments shall be made in accordance with the conditions set out on the Agent’s website
5.2 A Deposit will only be payable when making a Booking more than four (4) weeks prior to the Holiday
Date. If a Booking is made four (4) weeks or less before the Holiday Date, full payment of the Price is required together with payment of the Security Bond. The Deposit is non-refundable.
5.3 If full payment of the Price has not been received by four (4) weeks before the Holiday Date then the Agent reserves the right to cancel the Booking and retain the Deposit.
5.4 Self Cater Cornwall Holidays Ltd is acting as an agent in facilitating the letting of holiday accommodation on behalf of the property. Where the property owner is VAT registered charges made for accommodation will be inclusive of VAT.
6.1 A Guest has the right to cancel within seven days of making a booking and receive a full payment, minus the £25 booking fee. A Guest wishing to cancel a Booking must notify the Agent in writing.
6.2 In the event of cancellation of the Booking by the Guest the following charges will apply: Up to 28 days before the start of the holiday, loss of deposit, 27-15 days 50%, 14 days or less 100%. Holiday cancellation insurance is therefore strongly recommended.
6.3. Self Cater Cornwall will endeavour to re-let the property for the relevant period or any part of it and will refund to the Guest accordingly as per conditions 6.2, less the Booking fees.
6.4 If for any reason beyond the Agent's or the Owner's control a Property is not available on the Holiday Date, or the Property becomes unsuitable for holiday letting, the Agent may (at its sole discretion):
(a) cancel the Booking and refund all payments made by the Guest in full (including the Price and the Deposit); or
(b) offer an alternative Property where available, and the Guest will have no further claims against the Agent or the Owner.
7 Property condition and the Security Deposit:
7.1 Before the Guest arrives on the Holiday Date the Property will have been cleaned and th inventory checked. Discrepancies and any damage found should be reported within 24 hours of arrival to the Agent, otherwise the inventory will be deemed to be correct.
7.2 The Guest is liable for the full cost of any damage to the Property or any of its contents, and any cleaning necessary over and above normal servicing. Any sums due in respect of such damage or cleaning will be invoiced to the Guest on or as soon as possible after departure. By accepting these terms and conditions the Guest authorises the Agent to deduct payment for such costs:
(a) from the Security Bond; and
(b) where the Security Bond is insufficient to cover these costs, the Guest’s credit card or debit card (up to a limit of £500.00).
7.3 The Guest must discuss any dispute about a deduction from the Security Bond with the Owner direct.
7.4 Subject to condition 7.2, the Security Bond will normally be refunded within fourteen days of the end of the holiday except in those cases where an estimate has to be obtained for the cost of repairs or replacement.
8 Arrival & departure times:
Properties are available from 4.00pm on the Holiday Date until 10.00am on the day of departure, unless otherwise notified.
Bed linen is included in the Price and will be made up on arrival. Towels (not beach towels) are included in most Properties.
10 The holiday letting:
10.1 The letting confers upon the Guest and their party the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
10.2 The letting does not confer upon the Guest, or anyone else, a shorthold tenancy.
11 The Guest’s obligations
11.1 The Guest agrees:
(a) to pay for any losses or damage to the Property however caused (reasonable wear and tear
(b) to take good care of the Property and leave it in a clean and tidy condition at the end of the letting;
(c) to permit the Owner, the Agent and their representatives reasonable access to the Property;
(d) not to part with possession of the Property or share it except with members of the party as shown on the booking form. In no circumstances may the number of people exceed the stipulated description;
(e) not to cause an annoyance or become a nuisance to occupants of adjoining premises;
(f) not to use the Property for any commercial purposes.
11.2 In the event of a breach of these terms and conditions, the Guest may be required to leave the Property during the period of the Booking without compensation.
12 Size & party:
12.1 Unless expressly agreed in advance by the Agent:
(a) no group bookings (four or more adult party members) are accepted where all party members are
under twenty-five (25) years of age; and
(b) no group bookings are accepted where all members are of the same sex, unless the group consists of members of the same family across a number of generations.
The Owner, the Agent and their representatives reserve the right to refuse access to the Property without compensation where no agreement has been given in advance.
12.2 The Guest’s right to occupy the Property may be forfeited without compensation, or an additional charge
(a) more people than specified on the booking form and/or the number the Property holds, attempt to take up occupation;
(b) overnight guests are entertained without the Owner’s express permission; or
(c) any activity is undertaken which may cause unreasonable damage, noise or disturbance.
13.1 Subject to condition 13.3, the Agent does not accept liability for any act, neglect or default on their part or the part of the Owners or any other person not within their employ or otherwise under their control, nor for any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by the Agent, their employees or agents or otherwise, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the holiday letting. In addition, the Agent and the Owner accept no liability for loss of or damage to the Guests, or any other person’s, possessions at any of the Properties.
13.2 The Agent accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.3 Nothing in these conditions excludes or limits the Agent’s liability, or that of the Owner:
(a) for death or personal injury caused by the Agent’s or the Owner’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Agent or the Owner to exclude or attempt to exclude liability; or
(d) for fraud or fraudulent misrepresentation.
13.4 In all cases, except for personal injury or death, the Agent’s liability to the Guest for the total of all claims arising out of the letting is limited to the Price, less any cancellation charges.
13.5 Special care must be taken by the Guest at Properties where there is a swimming pool, hot tub, balcony or elevated terrace, all of which are used at the Guest’s own risk. Parents should ensure that their children are supervised in such areas at all times.
14 Information published
All information relating to the Properties has been provided to us by the Owners. The Agent cannot accept any responsibility whatsoever for the accuracy of that information.
15 Termination of the Contract
15.1 If the Guest commits a material breach of any of these conditions, the Agent and the Owner reserves the right to re-enter the Property and terminate the holiday letting. In the event of a breach in accordance with this condition 15.1 and the Agent is unable to find someone else to occupy the Property for the remainder of the period of the Booking, no refund of any sums paid will be returnable to the Guest.
15.2 If the Agent or the Owner commits a material breach of any of these conditions, the Guest has the right to terminate the holiday letting.
15.3 Termination of the holiday letting pursuant to this condition 15 does not affect that party’s other rights and remedies.
16 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.
17 Governing Law & Jurisdiction:
17.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
17.2 The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).