Self Cater Cornwall Booking Terms and Conditions for 2016 Season
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.
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 conditions 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.
2.1 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.
2.5 If a guest makes a complaint the procedure is as follows:
Once a property has been booked and paid for in full, clear arrival instructions will be provided which include contact details for the Owner or their representative. Thereafter guests will be liaising directly with the Owner or their representative upon arrival at their property. In the unlikely event of a problem with your property occurring, you must inform the Owner or their representative so that the matter can be put right. If the Owner or their representative cannot resolve the problem to your satisfaction at the time, you may contact the Company by telephoning 01637 859595 so that the Company is given the opportunity to try to assist. All claims must be addressed directly to the Owner/s.
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.
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.
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.
5.5 Payments can be made by (a) UK debit card*; (b) credit card or a non UK debit card*; (c) by direct bank transfer, (The Guest must pay the transaction charges levied by either or both banks.) If you wish to make payment by an alternative method please contact the Agent with details. * The Agent does not accept American Express cards.
6.1 All cancellations must be advised to the Agents immediately by telephone followed within seven days by confirmation in writing.
6.2 Where the Guest cancels the Booking for any reason he/she will remain liable for the full amount of the rent. If, however, the Agent is successful in re-letting the period or part thereof the Agent shall return the rent paid for the period which has been re-let, less the following deductions: any reduction in the re-letting rent which the Agent has had to make in order to re-let the property; £30.00 inc VAT Agent’s cancellation fee, £25.00 inc VAT booking fee; any expenses incurred by the Agent for additional administration or advertising; for overseas payment – any expenses incurred by the Agent due to currency cheque negotiation or overseas postage.
6.3 The Guest is not entitled to require the Agent to re-advertise the Property at the full asking rent unless he/she has already paid the full amount of the rent.
6.4 Guests should ensure that adequate holiday insurance cover is in place in the unlikely event that the holiday has to be cancelled.
7.1 Before the Guest arrives on the Holiday Date the Property will have been cleaned and the 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 Guests 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 or at the end of the holiday except in those cases where an estimate has to be obtained for the cost of repairs or replacement.
Properties are available from 4.00 pm on the Holiday Date until 10.00 am on the day of departure, unless otherwise agreed.
Bed linen is included in the Price and will be made up on arrival. Towels (no beach towels) are included in most Properties.
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.
11.1 The Guest agrees:
(a) to pay for any losses or damage to the Property however caused (reasonable wear and tear excepted);
(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 representative 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.
(g) where Wi-Fi is available, Guests are solely responsible for complying with all relevant laws and insuring that no computer or software virus, inappropriate or illegal material, is accessed or downloaded, and we shall be fully indemnified by any Guest using a Wi-Fi internet service against any computer or software virus which is downloaded and damages software, systems or hardware, and against any other consequences of the accessing or downloading or inappropriate or illegal material. It is the sole responsibility of each Guest to ensure that any parental locks or other restrictions are in place, and we cannot accept any responsibility for any inappropriate access or use of the internet by children or others.
(h) Where towels and bed linen are provided, this is for your convenience and comfort and we ask that you take special care when using them, so as not to damage or permanently stain them. The use of self-tanning lotion/fake tan/hair dye is a particularly common example of something that causes permanent stains. If permanent staining is found on linen, towels, carpets or upholstery then a deduction to cover cleaning or replacement will be taken from the Security Bond.
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.
12.1 Dogs are only permitted where specified in the property details although some properties will accept an assistance dog. In most cases the number of dogs is restricted to a maximum of two small to medium dogs (unless a lesser amount is mentioned in the description) and a greater number will only be accepted by written agreement. Additional payments are normally required for each dog at a rate per week (or part thereof) and are as specified in the property details.
12.2 Specific Owner rules may apply (e.g. to be excluded from certain areas) and in all cases Guests are to comply with the following rules:
(a) dogs are to be kept under control at all times, exercised off the premises and never left alone in the property.
(b) dogs are to be kept off the furniture and are not permitted in bedrooms.
(c) dogs are not to be allowed to mess in the garden and all “accidents” are to be cleaned up immediately.
(d) all dogs must be free of any pests and/or parasites.
(e) all pet hair must be removed from the property and its contents before departure. There will be a charge made on discovery of evidence of contravention of these conditions following the Guests departure. It should be noted that even where pets are not accepted the Agent cannot categorically guarantee that there have been no dogs at the property or in the grounds.
13.1 Unless expressly agreed in advance by the Agent:
(a) no group bookings (four or more adults 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 levied, if:
(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.
14.1 Subject to condition 14.3, 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.
14.2 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.
14.3 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.
14.4 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.
14.5 Special care must be taken by the Guest at Properties where there is a swimming pool, hot tub, balcony, elevated terrace or stairs, 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.
The Agent makes every effort to provide an up-to-date true and accurate description of the property but the enquirer accepts that minor differences may arise between the description or photographs and the actual property. All distances are approximate. The enquirer is responsible for ensuring the selected property is suitable for their needs and for making any specific requirements or needs known to the Agent.
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.
16.1 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 16.1 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.
16.2 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.
16.3 Termination of the holiday letting pursuant to this condition 15 does not affect that party’s other rights and remedies.
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.
18.1 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.
18.2 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).
We are committed to ensuring the best standards of practice in all our activities. Visitors to our web site can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held and used in strict compliance with the Data Protection Act 1998.
We do not collect any personal information from visitors to our website other than information that is knowingly and voluntarily given. Anonymous information is collected, such as the number of visitors to the website in a given period or details of properties and dates selected for online bookings, but it is purely statistical and cannot be used to identify an individual user. Cookies are not used to collect any other information from visitors to the website. Visitors interested in requesting more information can provide contact details via a fill-in form. Visitors cannot be contacted unless such information is given. Visitors are also invited to give additional company information but a decision not to do so does not affect any subsequent negotiations or discussions.
The information collected will be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent.
If you provide your email address to us, you agree that we may send information to you by email in relation to our services and in relation to any new services, initiatives or events. You will have the opportunity to unsubscribe from any such emails at any time.
We will share your details with our booking system, SuperControl for the purpose of them delivering their service to us. For example they provide a verified reviews service called UpFrontReviews and we may ask them to send you an email invitation to submit a review about your stay. We will NEVER sell your details to any third party. You consent to us providing your details to SuperControl in this way. You will have the opportunity to unsubscribe from any such emails at any time.
We take appropriate measures to safeguard the information we hold from unauthorised access or improper use. Our database is stored in a secure, password protected location. Only users authorised by us have access to this data.
We take all reasonable measures to ensure that the information we hold is accurate. In particular we use reliable collection methods and destroy or convert to an anonymous form, any out-of-date data. Individuals may request details of all personal information held by us so as to contest inaccurate or incomplete data, verify the information and have it corrected as appropriate.
Our website is not targeted at children but in any event personal information will not knowingly be collected from children under fourteen years without parental consent.
For any queries relating to our collection or use of personal information please contact us.
These Booking conditions were updated in November 2015 and these conditions supersede all previous editions.