Terms and Conditions – Cooper’s Cottage, Newlyn
1.1 Customers renting Cooper’s Cottage are referred to as ‘the Guest’.
1.2 The Owners are Mr K + Mrs B Bottle.
2. Duration and Times of Rental
2.1 Rentals are for a maximum of four weeks and commence at 3pm on the first day of the rental and end at 10am on the day of departure unless otherwise notified. This period is hereafter referred to as ‘the Holiday’.
2.2 The period booked will be stated on the Booking Confirmation provided to the Guest when they book and cannot be exceeded unless the Owners give written approval. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension.
3. Payments and Deposit
3.1 If a booking is made eight weeks or more before the Holiday is due to start, a deposit of £100 is payable.
3.2 If a booking is made less than eight weeks before the Holiday is due to start, the full rent must be paid at the time of booking.
3.3 Once the initial deposit is paid and the booking is accepted by the Owners, the deposit is non refundable unless the booking is subsequently rejected by the Owners, in which case the deposit will be refunded immediately.
4. Final Payment
4.1 Unless otherwise agreed by the Owners in writing, the price for the Holiday shall be the rent for the property as confirmed at the time of the booking.
4.2 Subject to condition 6, as soon as the booking is received and accepted by the Owners, the Guest is liable for payment of the balance of the rent.
4.3 Payment of the rent is payable to the Owners eight weeks before the start of the Holiday (‘the Due Date’) and non-payment by the Due Date may be treated as a cancellation.
4.4 If payment is not received by the Due Date, then the Guest will lose their booking and forfeit their deposit.
4.5 The Owners shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5. Changing a Booking
5.1 The dates of the Holiday may be changed, except within two weeks of the start date, providing the property is available for the new dates, the Owners accept the change and the start date of the new holiday is within the same calendar year. In this case, a £25 re-booking fee is payable to the Owners and any increase in rental price will apply. If the revised Holiday date is cheaper than the original Holiday date, no refund will be given but the £25 re-booking fee will be waived.
6.1 A booking can only be cancelled prior to the start of the Holiday.
6.2 A Guest who wishes to cancel the Holiday must notify the Owners in writing (‘Cancellation Notice’).
6.3 In the event that a cancellation is made, then a cancellation charge is payable depending on the number of days before the Holiday start date the Cancellation Notice is received by the Owners. The amount payable is set out below:
Number of days before Holiday start date that notification is received Cancellation Charge (as a percentage of the rental cost of the Holiday):
0 – 13 days 100%
14 – 27 days 75%
28 – 55 days 60%
56 days or more Deposit
The Owners reserve the right not to accept bookings from:
1. groups of three or more single people under the age of 18;
2. all male or all female parties of more than four people.
8. The Holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
9. The Guest’s Obligations
The Guest agrees:
9.1 to pay for gas, electricity, fuel and telephone charges incurred during the Holiday that the Owners believe to be the result of excessive guest use ;
9.2 to pay for any losses or damages to the property caused by the Guest or a member of their party (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Owners;
9.3 to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. A cleaning service is not provided during the Holiday unless otherwise specified. Should the Owner be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a booking from that Guest again;
9.4 to permit the Owners reasonable access to the property;
9.5 not to part with possession of the property, or share it, except with members of the party shown on the Booking Form;
9.6 not to sell or transfer the booking to another party without the Owners’ agreement;
9.7 not to exceed 8 people in the property – a cot may only be occupied by a child aged 24 months or less;
9.8 not to cause an annoyance or become a nuisance to occupants of adjoining premises;
9.9 not to smoke in the property and not to allow pets in the property.
10. Non-availability of Property
If for any reason beyond the Owners’ control the property is not available on the date booked (owing, for example, to fire damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the Guest will be refunded.
11.1 The Owners will not be liable for any act, neglect or default or for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the rental. In addition, the Owners accept no liability for loss of or damage to the Guest’s possessions on the Owners’ property or land.
11.2 Nothing in these conditions excludes or limits the liability of the Owners for any matter which it would be illegal for the Owners to exclude or attempt to exclude their liability.
12. Website Description
Some of the information on this Website relates to matters beyond the property such as shops and public houses. Closure of such premises and other changes to external facilities are outside the Owners’ control. If the Owner is aware of any material changes to the Website at the time of the Guest’s booking, then we shall endeavour to inform the Guest of these changes.
13.1 Pets are not accepted.
Where an inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of arrival, otherwise the inventory will be deemed to be correct.
15. Bed Linen and Towels
Linen and towels are changed between Holidays. A fresh set can be provided weekly, upon request, for Holidays lasting two weeks or more.
16. Breach of Contract
16.1 If there is a breach of any of these conditions by the Guest or any of their party, the Owners reserve the right to re-enter the property and end the Holiday and instruct the Guest and their party to leave.
16.2 If there is a breach of any of these conditions by the Owners, then the Guests have the right to end the Holiday and leave.
16.3 Ending the Holiday by either party does not affect that party’s other rights and remedies.
17. Governing Law and Jurisdiction
Any dispute will be governed by the non-exclusive law and jurisdiction of the English Courts.
18. Authority to Sign
The person who completes the Booking Form certifies that:
18.1 he or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date;
18.2 the signatory is over eighteen years of age;
18.3 they agree to take responsibility for the party occupying the property, and to notify the Owners if they are not a member of that party.
In case of a discrepancy between these Booking Conditions and any other contents of the Website, these Conditions shall prevail.
20. Previous Booking Conditions
These Booking Conditions replace and supersede all previous Booking Conditions.
21. Validity Clause
In the event that a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Booking Conditions, which will continue to be valid and have full force and effect.