Conditions of Booking
Who are we?
We are Cornish Riviera Holidays Ltd (“we/our/us”), a registered company in England and Wales incorporated under company number 13758875. Our registered office is The Guildhall, Street an Pol, St Ives, Cornwall, England, TR26 2DS. We act as an agent for the Owner in the letting of their Property to you, the Guest (“You/Your”). Cornish Riviera Holidays does not hold any ownership in the properties but acts as an agent for the Owner of the Property. The following Terms and Conditions will apply to your stay at a Cornish Riviera Holidays Property.
Our Terms and Conditions:
1.1 When the following words with capital letters are used in these Terms and Conditions, this is what they will mean:
Agent means Cornish Riviera Holidays Ltd (Company No 13758875) whose registered office is The Guildhall, Street an Pol, St Ives, Cornwall, England, TR26 2DS.
Amendment Fee a fee of £30 including VAT payable in the event that we allow you to amend your Booking as per clause 16.
Arrival Date The date (and time) on which the Stay will begin and the Property will be made available to you, as agreed in the Booking Confirmation. The arrival time may be varied by us in accordance with these Terms and Conditions.
Balance Due Date is the date six weeks before your Arrival Date, except in circumstances where Bookings are accepted less than six weeks before the Arrival Date in which case the balance is due upon Booking.
Booking your request to stay at the Property as made via the Website, by phone or via other online booking platforms, and agreed by us on the Owner’s behalf, forming a contract for the Stay subject to these Terms and Conditions.
Booking Confirmation an email confirmation of your Booking after we receive and accept your Booking.
Booking Deposit one third of the total Booking Price plus the Booking Fee, required from a Guest when making the Booking to secure the Property for the duration of the Booking.
Booking Fee a non-refundable booking fee of £30 including VAT payable for every Booking.
Booking Party those individuals booked to occupy the Property, as listed in the Booking Confirmation.
Booking Price the total cost for your Stay as indicated in the Booking Confirmation. Unless indicated otherwise in the Booking Confirmation, this sum includes VAT.
Business Days a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Cancellation Policy the policy for Booking cancellations by Guests which is available on our Website.
Cancellation Fee a £36 (including VAT) fee payable on cancellation as per clause 17.
Data Protection Legislation all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended.
Damage Deposit a refundable (subject to the conditions in clause 10 of these Terms and Conditions) deposit of £200 charged per Booking and held for the duration of the Booking, and for 14 days after the Departure Date, in case damage is caused to the Property.
Departure Date the date (and time) on which we have agreed in the Booking Confirmation that your Stay at the Property will end or any later date if we have agreed in writing to an extension of your Stay. The departure time may be varied by us in accordance with our Property Rules.
Dog Charge the additional £20 charge applied to the Booking Price per dog, per week.
Event Outside our Control as defined in clause 21 of these Terms and Conditions.
Guest the individual making the Booking (who must be aged 18 years or older) who is responsible for the Booking Party and any visitors to the Property during the Stay.
Guest Portal the online platform where the Guest can log in and view the details of the Booking once the Booking has been confirmed including the Information Pack and any outstanding balance.
Information Pack The information provided to the Guest in hardcopy and via the Guest Portal, including the Property Rules and information about the surrounding area.
Owner the owner of the Property (or their representative).
Property the property/properties provided for holiday letting purposes, details of which have been provided to you via the Booking Confirmation.
Property Description the description of the Property on our Website.
Property Rules specific restrictions applicable to the Property you have chosen (as referred to in clause 5). These will be made available to you via the Guest Portal once your Booking is confirmed and in the Information Pack provided in the Property.
Stay the period of time for which the Property is made available to you, following our acceptance of the Booking, as set out in the Booking Confirmation.
Terms and Conditions the terms and conditions set out in this document.
Website www.cornishrivieraholidays.co.uk and any other subdomains or websites owned or operated by the Agent.
1.2 When we use the words "writing" or "written" in these Terms and Conditions, this will include e-mail unless we state otherwise.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
2. OUR CONTRACT WITH YOU
2.1 These are the Terms and Conditions on which we provide the Booking, and the Owner supplies the Property to you for the duration of your Stay. If you make a Booking on our Website, over the phone or via another online booking platform then these Terms and Conditions will apply to such Booking. We act as agent for and on behalf of the Owner to provide the Stay via your Booking. In making the Booking you understand and accept that we do not hold any ownership in the properties listed on our Website, including the Property, but act as an agent for the Owner of the Property.
2.2 In making a Booking you confirm that you are over the age of 18. Please ensure that you read these Terms and Conditions carefully, and check that the details on the Booking are complete and accurate, before you submit the Booking. Please also carefully check the Booking Confirmation. These Terms and Conditions tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.3 The Property is only the property as detailed in the Booking and cannot be changed to another property without our prior written agreement.
2.4 When you submit a Booking to us, this does not mean we have accepted your Booking. Our acceptance of the Booking will take place as described in clause 2.5. If we are unable to supply you with the Property for your requested dates, we will inform you of this in writing and we will not process the Booking and no contract will be formed between us.
2.5 The Booking will become binding once you have paid the Booking Fee and Booking Deposit and we have issued you with a Booking Confirmation on the Owner’s behalf.
2.6 We shall assign a booking reference number to the Booking and inform you of this in the Booking Confirmation. Please quote the name of the Guest who made the Booking, the Property booked and the Date of Arrival in all subsequent correspondence with us relating to the Booking.
2.7 Please take reasonable steps to ensure that the Property is suitable for your needs before submitting a Booking. Please ensure you familiarise yourself with the Property location, access, facilities, parking, layout, grounds and/or garden so that you can make a fully informed decision about a property’s suitability to your requirements, needs and taste prior to making a Booking. Please contact us should you require further clarification.
2.8 Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change. Whilst we make every effort to ensure the accuracy of the information contained in our advertising and other promotional literature, the information and prices may have changed by the time you come to book or there may have been an error. We reserve the right to amend prices quoted for the Property in any advertising material due to error, omission, or changes in the VAT rate and, to change the payment processing charges. You must check all material details of the Property with us at the time of submitting a Booking. We cannot accept any responsibility or liability for any inaccurate, incomplete or misleading information about the Property or its facilities and/or services, except in the case of negligence by us. We will however use reasonable endeavours to notify you of any changes to or any inaccuracies in any information contained in any advertising material provided to you relating to the Property as soon as reasonably practicable.
2.9 Any information regarding the local area and activities that may be shown in our literature or on our Website are outside our control and are not supplied by us. Whilst we endeavour to keep this information up to date, we cannot guarantee that it is accurate or complete.
2.10 You acknowledge that our staff have no authority to vary these Terms and Conditions and that you have not relied on and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions.
3. OWNER’S CONTRACT WITH YOU
Once your Booking has been confirmed, and you have paid the Booking Fee and Booking Deposit, the Owner agrees to provide your Stay in accordance with these Terms and Conditions and your contract for the Stay will be with the Owner, with us acting as agents in accordance with these Terms and Conditions.
4. CHANGES TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions from time to time if required due to changes in the law or regulatory requirements or if business needs dictate it. If we have to revise these Terms and Conditions pursuant to this clause 4, we will give you at least 14 days’ written notice of any changes to these Terms and Conditions before they take effect. You can choose to cancel the contract in accordance with clause 17 if you do not accept these changes.
5. PROPERTY RULES
5.1 Access to the Property is subject to your adherence to any Property Rules.
5.2 Our Property Rules are also incorporated into the contract with you and will be made available to you via the Guest Portal and in the Information Pack. We reserve the right to amend the Property Rules from time to time. Please check for any changes to the Property Rules before your Stay.
5.3 Any Property Rules (as amended from time to time), shall be incorporated into these Terms and Conditions and breach of any of the Property Rules will be treated as a breach that entitles us or the Owner to cancel the contract.
5.4 If there is any conflict between these Terms and Conditions and the Property Rules, the Property Rules shall prevail.
6. YOUR STAY AND USE OF THE PROPERTY
6.1 The Stay may not exceed four weeks.
6.2 The Stay will commence on the Arrival Date and terminate on the Departure Date whereupon the keys must be returned to the key safe for the Property.
6.3 The Owner will supply the Stay to the Booking Party for the period set out in the Booking Confirmation.
6.4 As the person making the Booking you are responsible for ensuring all members of your Booking Party comply with these Terms and Conditions. The maximum number of people who can stay in the Property is set out in the Property Description (subject to any government restrictions) and you warrant that you will not at any time during your Stay exceed that number or exceed any government restrictions applicable at the time of the Stay. You must not part with possession of the Property or share it, except with members of the Booking Party.
6.5 We require the names of all Guests, aged 18 and over, staying at the Property prior to arrival. You will be required to name a lead Guest who must be staying at the Property for the duration of the Stay. You must nominate another individual as the lead Guest if the original lead Guest no longer forms part of the Booking Party.
6.6 Business or commercial use of the Property is strictly prohibited. The Property can only be used by you, the Booking Party and any permitted guests as temporary holiday accommodation. These Terms and Conditions do not create a relationship of landlord and tenant between us and you or between the Owner and you. You acknowledge and accept that you shall not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure either during the Stay or when your agreed Stay ends. You should not use the Property for any illegal purpose. We or the Owner reserve the right to terminate the contract without notice for any breach of this clause 6.6 and no refunds will be provided if your Stay is ended early.
6.7 We will confirm your Arrival Date and Departure Date in the Booking Confirmation and you are required to arrive and depart from the Property at these times (unless you notify us otherwise and we agree the same in writing in advance). The Property will not be available outside of the times specified in the agreed Arrival Date or Departure Date. Failure to vacate the Property and remove belongings by the date and time specified in the Departure Date will result in you being charged a further day’s proportionate cost at the prevailing tariff for the Property into which occupation extends. If in exceptional cases we (or the Owner), in our sole discretion agree to extend a Stay beyond the agreed Departure Date payment for the additional days is required in full at the date the extension is confirmed. If payment is not received, then you will be required to leave the Property at the previously agreed Departure Date.
6.8 Please note that we may have to change the Arrival Date and Departure Date times due to Events Outside our Control, for example if extra cleaning is required due to an epidemic, pandemic or other infectious disease outbreak. Where this is applicable, we will aim to provide you with as much notice as we can of this, and we appreciate your understanding in this regard. We will try to keep disruption to your Stay to a minimum. Please see clause 21 of these Terms and Conditions for our responsibilities when an Event Outside our Control happens.
6.9 If you do not pay us for the Stay when you are supposed to, access to the Property will not be permitted. This does not affect our right to charge you interest at the rate of 8% per year on the amount outstanding.
6.10 Bedding and bed linen are included in all properties and changed on changeover dates. Towels are provided in some of the properties (as detailed on the Property page of the Website) and where not included can be hired through us and paid for on the Balance Due Date, otherwise Guests should bring their own. Details of the hire costs of additional items can be found on the Website. The Guest should provide their own beach towels, tea towels and bathmats.
6.11 Smoking, vaping and illegal drug use are strictly prohibited at the Property or in the grounds. Where it is apparent that you or a member of your Booking Party has smoked, vaped or taken illegal drugs at the Property, we may charge you for any additional costs we incur including costs for cleaning the Property and including liability for the cost of cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable. We reserve the right to ask any guest found breaching this clause 6.11 to leave the Property immediately and no refunds will be provided for your Stay ending early.
6.12 Internet access is offered in some properties. Where the Property has internet access, this is provided on the basis that it is provided for recreational use and not for business use and on the condition that neither we or the Owner can guarantee availability, minimum speed, unrestricted bandwidth or uninterrupted provision of internet access. We / the Owner accepts no liability for telephone or internet services not being available or failing.
6.13 You should familiarise yourself with the Property Rules which provide further important details the facilities that may be provided.
6.14 The Property must be left in good order and you must take proper care of the Property and its contents (including without limitation any furnishings, kitchen equipment, crockery, glasses, bedding and towels) and keep them clean during your Stay otherwise you may lose all or part of your Damage Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the Arrival Date.
6.15 If any damage does occur, you must inform us in writing at the earliest possible time and, in any event, before the end of your Departure Date.
6.16 The Property is provided without any food (including, for the avoidance of doubt, condiments).
6.17 Any cots provided in the Property must not be occupied by children over the age of 2 years.
6.18 Should we or the Owner be dissatisfied with the condition of the Property upon the Guest’s departure, we may refuse to take a booking from that Guest again. If a Guest is excluded from two or more properties by different Owners, then we have the right to refuse any more bookings from that Guest, at any other property.
7.1 Dogs are only permitted if specified in the Property Description, informed to us in the Booking and kept in accordance with the Property Rules. No other pets are permitted.
7.2 Where a dog is approved by us, we shall apply a Dog Charge to your Booking.
7.3 You will be liable for any damage arising from a breach of the Property Rules regarding dogs, including but not limited to the following:
a) The Property must be left sufficiently clean and all animal waste should be removed from outside areas otherwise the cost of extra cleaning will be taken from the Damage Deposit, or an additional charge may be applied;
b) Dogs must not be left unattended in the Property;
c) Dogs must be kept under control when outside the Property; and
d) Dogs must not enter the bedrooms, nor lie or sleep on furnishings or beds. You are responsible for bringing your own pet beds to the Property.
7.4 Neither we nor the Owner accepts responsibility for the safety, security or wellbeing of any dogs in occupation at the Property (including in the Property gardens and grounds).
7.5 Failure to comply with this clause 7 and the Property Rules may result in the Owner and/or us asking you to provide an alternative stay for your animal for the remaining duration of your Stay, or in extreme circumstances, the Owner reserves the right to terminate your Stay early without notice and without refund for a breach of this clause.
7.6 If a dog is brought to the Property without prior approval from us, then we reserve the right to increase the amount of the additional charges normally payable for dogs which may include the cost of cancelling all or part of any subsequent bookings of the Property as the result of your breach of this clause 7.
7.7 Where the Property Description states pets are not permitted in the Property, neither the Owner nor us give any warranty or undertaking to the Booking Party that the Property is suitable for sufferers of pet-related allergies.
8. PARKING, KEYS AND LEISURE FACILITIES
8.1 You and your Booking Party must park only in the designated parking areas, if provided, and not cause any obstruction to occupants of neighbouring properties. Parking may not always be directly outside your chosen property. If the Property has the benefit of an on-street parking permit or any other form of parking permit, you will be responsible for any fines imposed for failure to display the permit as directed by us. Vehicles are parked and left at the Property entirely at your own risk.
8.2 We will issue you with one set of keys to the Property and you are not permitted to get keys copied. You may request a second set of keys and these will be issued at our discretion. All keys must be returned to the relevant property key safe on the Departure Date as directed by us. If you lose a set of keys, we will deduct the cost of the replacement, and an administrative charge of £10, from your Damage Deposit.
8.3 If a parking permit, key or fob for lifts, parking bollards, gates and/or garages is issued to you, you must return these as directed. Failure to return them on the Departure Date will result in an additional administration charge of £50 which is payable by you.
8.4 Electric vehicles should not be charged using the domestic electricity supply. Any vehicles found to be taking charge from the domestic supply will be disconnected and we will not be liable for any damage incurred in respect of the same.
9. PRICE AND PAYMENT
9.1 The Booking Price will be set out at the time you place your Booking and in the Booking Confirmation. A Booking Fee is charged on every Booking and must be paid when you make your Booking to secure the Property. This is non-refundable if you change your mind and cancel the Booking but will be refunded if we are unable to provide the Property to you for any reason.
9.2 If a Booking is made less than six weeks before the Arrival Date, the full Booking Price, the Booking Fee, any additional charges and the Damage Deposit must be paid at the time of booking.
9.3 If a booking is made six weeks or more before the Arrival Date, a Booking Deposit is payable in addition to the Booking Fee. Until this payment is received your Booking can not be confirmed.
9.4 Upon payment of the Booking Deposit and, subject to the acceptance of the Booking, the Guest becomes liable for the balance of the Booking Price along with any additional charges. Should we not accept a Booking, the Booking Deposit and any additional charges will be refunded immediately.
9.5 For Bookings made more than six weeks before your Arrival Date, we require the remaining balance of the Booking Price, and any additional charges (such as the Damage Deposit) to be paid six weeks prior to your arrival (the ‘Balance Due Date’). We will inform you of the Balance Due Date via the Booking Confirmation. Reminders will not be sent in respect of the Balance Due Date so Guests should make a note of it. If the balance is not paid on or by the Balance Due Date, you authorise us to debit the bank card provided for the balance on the Balance Due Date. If payment of the balance, for whatever reason, is not received by us on or by six weeks before the Arrival Date we reserve the right to cancel the Booking, retain the Booking Fee and the Booking Deposit and seek payment of the balance of the Booking Price from you.
9.6 All payments must be made in the currency as shown in the Booking Confirmation and may be made by debit card, credit card, bank transfer, or cheque. Bank transfers and cheques must be in cleared funds by the deadlines for payment as set out in these Terms and Conditions. Any bank or transfer charges shall be borne by you. We reserve the right not to accept certain types of debit or credit card as per internal policy from time to time.
9.7 Prices specified on our Website include VAT where applicable. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, we reserve the right to adjust the rate of VAT that you pay, unless you have already paid for the Stay in full before the change in the rate of VAT takes effect.
9.8 If you do not make any payment due to us by the due date for payment, we may cancel your Stay and terminate this contract. In these circumstances, your rights to a refund are set out in clause 17.
10. DAMAGE DEPOSIT
10.1 The Damage Deposit is obtained before your Arrival Date. Providing there is no damage or loss incurred, the Damage Deposit will be refunded to the Guest within 14 days of the Departure Date.
10.2 The Property shall be checked following your Departure Date. We shall report to you in writing within 14 days of your Departure Date, any details of the damage or loss incurred and/or additional cleaning costs with an indication of any possible deductions along with photographic evidence (where applicable). You will have five Business Days to respond with any queries. During this period of investigation, we will retain the full Damage Deposit. Once investigations are complete, we will confirm final deductions and refund any monies owed to you within 48 hours.
10.3 We reserve the right to charge an administration fee of £10 for the processing of any damage claims.
10.4 Reasonable charges will be applied against the Damage Deposit for miscellaneous repairs and/or replacements and additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled, otherwise than by usual wear and tear, during the Stay by the Booking Party. In the event of a Property providing a log-burner or barbecue, these must be left clean and failure to do so will lead to cleaning costs being deducted from the Damage Deposit.
10.5 Extensive, criminal or wilful damage will not be covered by the Damage Deposit and will be charged in addition.
10.6 We or the Owner reserve the right to seek to recover further reasonable costs if the Damage Deposit total is insufficient to repair or replace any damage caused to the Property or its contents during your Stay.
11. ACCESS AND POSSESSION
11.1 The Booking Party must allow the Owner and/or us access to the Property, grounds and gardens at all reasonable times and in the case of emergency at all times with or without you or your Booking Party being present to enable maintenance work to be carried out, allow visits to enable the Owner and/or us to comply with all relevant statutory requirements and the requirement of all regulatory bodies to which the Owner and/or we belong relating to the Property. The Owner, its representatives and any third-party contractors including but not limited to gardeners, window cleaners and engineers shall be allowed access to the Property, grounds and gardens at any reasonable time during your Stay.
11.2 The Booking Party must not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises. We or the Owner may cancel the Booking and take back possession of the Property and its contents if they reasonably believe that you are in breach of a material condition of these Terms and Conditions or that damage is likely to be caused, has been caused or is being caused by the Booking Party. This will be treated as a cancellation by you and no refund of any monies paid in respect of the Booking will be made. We and the Owner shall not have any liability for any losses suffered as a consequence of the cancellation.
12. BUILDING WORKS
We are unable to provide advance warning of nearby building works as in the vast majority of cases we are never advised when and where they will occur. However, advance warning will be provided where possible (in the event we are made aware of such works in the first instance) if works may potentially compromise safety, access and the views from the Property.
13. HEALTH AND SAFETY
For your safety, it is important that you read and adhere to the important information provided via the Information Pack. This information includes; Fire Safety Notices and evacuation procedures as well as information regarding the use of facilities. Appliance instruction manuals will be provided (within the Property). We understand our duty of care to Guests and have ensured that the Property is reasonably safe for the purpose for which Guests are invited to use them, however, each Guest has a duty of care to take care of their own safety. We cannot be held responsible for a Guest’s own negligence so please ensure you use the Property and the facilities safely and responsibly.
14. INFORMATION PACK
14.1 An Information Pack with details about the Property, Property Rules and useful local information is provided in each Property.
14.2 Please refer to the Information Pack in the first instance if you have any questions.
14.3 Do not alter, destroy, damage or remove the Information Pack from the Property.
15. OUT OF HOURS EMERGENCIES
Please see the Information Pack for details of out of hours support and for the contact number should an emergency arise.
16. BOOKING AMENDMENTS
16.1 A Booking can only be changed to another property by treating the original Booking as a cancellation.
16.2 The dates of your Booking may be changed to dates within the same year providing the Property is available for the new dates and the Owners accept the change. In this case, an Amendment Fee and any rental difference is payable.
17. YOUR RIGHTS TO CANCEL AND OUR REFUND POLICY
17.1 If you change your mind and would like to cancel your Booking before the Arrival Date, please contact us in writing by email or letter with a copy of your Booking Confirmation as soon as possible and we will confirm the cancellation in writing.
17.2 If you cancel a Booking up to the Departure Date of the Booking:
a) The Booking Fee paid when you made the Booking will be non-refundable.
b) The Booking Deposit will be retained.
c) We will attempt to re-let the Property for the period of the cancelled Booking, or part thereof, and may provide a full or partial refund of the Booking Deposit as per the Cancellation Policy.
17.3 In respect of a Property which is re-let for the same value as the original Booking Price, a full refund will be provided less the Booking Fee and a Cancellation Fee.
17.4 In respect of a Property which is re-let for a value less than the original Booking Price, a refund of monies paid, less the Booking Fee, Cancellation Fee, and the value of the difference between your Booking and the new booking will be provided.
17.5 In respect of a Property which is not re-let, all monies paid are non-refundable and the Guest is liable for any outstanding balance.
17.6 We do not provide holiday insurance. We strongly recommend that you take out holiday insurance which includes holiday cancellation.
17.7 Where you have cancelled a Booking because of our failure to comply with these Terms and Conditions or if we change these Terms and Conditions under clause 4 and you elect to cancel the contract (except where we have been affected by an Event Outside our Control), you do not have to make any payment to us and we will refund any payments already made.
17.8 Once you have accessed the Property or the Arrival Date has passed (whichever is earlier), you may only cancel the contract for Stay by giving us written notice if we:
a) break this contract in any material way;
b) go into liquidation or a receiver or an administrator is appointed;
c) change these Terms and Conditions under clause 4 and you elect to cancel the contract; or
d) are affected by an Event Outside our Control.
17.9 If you depart voluntarily from the Property before the Departure Date, no refund shall be given in respect of the any period when you do not occupy the Property.
18. OUR RIGHTS TO CANCEL AND OUR REFUND POLICY
18.1 We or the Owner may have to cancel a Booking before the Arrival Date, due to an Event Outside our Control, the unavailability of the Property or the unavailability of key personnel or key materials without which we cannot provide the Stay. We will promptly contact you if this happens.
18.2 We will, if possible and as soon as reasonably practicable, offer you:
a) alternative accommodation of a similar type, standard, location, and price if available;
b) different dates for the same Property; or
c) a full refund.
18.3 As an alternative property is likely to be owned by a different Owner, the advertised cost of the alternative property will be payable by you. If the cost is lower and you have already paid the full amount for the Stay, you will receive a refund of the price difference. If you do not wish to accept the alternative property or another property is not available, you will receive a full refund of all monies paid to us, but you will have no further claims against us or the Owner.
18.4 We may cancel the contract for the Booking at any time with immediate effect by giving you written notice if you:
a) do not pay us when you are supposed to; or
b) break the contract in any other material way.
18.5 The full extent of our and the Owner’s liability is as set out in clauses 19 and 20 of these Terms and Conditions respectively.
19. OUR LIABILITY TO YOU
19.1 If we fail to comply with these Terms and Conditions for the Booking of the Stay, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. Our responsibilities to you are limited to making the Booking in accordance with your instructions. For the avoidance of doubt, we are not responsible for any transport and/or alternative stay costs and are not responsible for matters pertaining to the state of the Property. As we act only as the agent for the Owner, we accept no liability for any acts or omissions of the Owner, including any shortcomings or defects with the Property. Subject to clause 19.2, our total liability to you will not exceed the Booking Price for the relevant Stay.
19.2 We do not limit our liability for;
a) death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) any liability it would be unlawful to exclude.
19.3 Lost property will be held for a period of 14 days from the Departure Date. Items will be returned to you if requested, at a cost of £10 plus postage and packing. We do not accept responsibility for the safe carriage of any items returned which will be returned at your risk. Items of food and drink will not be returned. We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles except where the damage or loss is caused by the negligence of us or the Owner.
19.4 It is your sole responsibility to ensure that you have adequate holiday insurance cover. We would strongly recommend you consider taking out a suitable insurance product to cover against unexpected costs such as cancellation charges, curtailment or delay to your Stay and that such cover includes adverse weather conditions, illness affecting any member of the Booking Party, transportation cancellations and government restrictions which may prevent you from travelling to or staying at the Property.
20. OWNERS LIABILITY TO YOU
20.1 If the Owner fails to comply with these Terms and Conditions, they are responsible for loss or damage you suffer that is a foreseeable result of their breach of the Terms and Conditions or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Owners breach or if they were contemplated by you and the Owner at the time this contract was entered into. For the avoidance of doubt, the Owner is not responsible for any transport and/or alternative stay costs. Subject to clause 20.3, the Owners total liability to you will not exceed the Booking Price for the relevant Stay.
20.2 The Owner only supplies the Property for holiday use. You agree not to use the Property for any commercial, business or re-sale purpose, and the Owner has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 The Owner does not limit its liability to you for;
a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation; or
c) any liability it would be unlawful to exclude.
20.4 The Owner does not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We and the Owner shall not be in breach of these Terms and Conditions, nor liable for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions if such delay or failure results from an Event Outside our Control. If the Owner is unable to provide the Property to you due to an Event Outside our Control, we will inform you as soon as possible and offer you either:
a) a full refund of the Booking Deposit (and the balance if already paid); or
b) a credit towards a new booking, either later in the year or the following year for the same Property or a similar property, subject to availability.
21.2 An Event Outside our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption.
21.3 If changes to your Booking are required due to an Event Outside our Control, we will not charge the usual administration fee to amend that Booking.
21.4 If you are unable to reach the Property due to bad weather or your visit to the Property is delayed this will be treated as a cancellation by you and the Cancellation Policy. We recommend you take out holiday insurance for this eventuality.
22. INFORMATION ABOUT US AND HOW TO CONTACT US
22.1 Any complaints regarding the property must be made to us within 24 hours of arrival so that remedial action can be taken if necessary. If we or the Owner are denied the opportunity to investigate or act upon the complaint during your Stay, then the Booking Party will be assumed to have waived all rights in relation to the complaint.
22.2 In no circumstances will compensation be paid for complaints made after the Departure Date.
22.3 If you wish to contact us in writing, or if any clause in these Terms and Conditions requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email on email@example.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in the Booking.
23. HOW WE MAY USE YOUR PERSONAL INFORMATION
24. OTHER IMPORTANT TERMS
24.1 We may transfer our rights and obligations under these Terms and Conditions to another individual or entity, but this will not affect your rights or our obligations under these Terms and Conditions.
24.2 You acknowledge that we and the Owner may enforce any and all of the Terms and Conditions of this agreement against you.
24.3 Except for you, us and the Owner, no other person shall have any rights to enforce any of these Terms and Conditions.
24.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.5 If we or the Owner fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.6 These Terms and Conditions replace and supersede all previous booking conditions and will apply to all new Bookings after the date they are posted on our Website.
24.7 The validity, construction and performance of the agreement shall be governed by English law and any claims or redress sought under it shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.