Cornish Cottage Holidays Limited arranges bookings of properties as agent of the owners (the "Owner") of such properties (the "Property"). When you, (the "Licensee"), book a Property through Cornish Cottage Holidays Limited (the "Company") you enter into a contract with the Owner of that Property. No tenancy agreement will be entered into or implied by this contract. The Owner's full name and address details can be made available on request.
All offers and bookings are subject to availability, the party leader must be at least 21 years of age at the time of booking. Large non family groups and hen or stag parties will not be permitted. Cornish Cottage Holidays reserve the right to terminate the letting contact at the request of the owner. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or Company for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Company on behalf of the Owner issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Company on behalf of the Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Company on behalf of the Owner does this, the Company will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Company within seven days.
When you book your Property you should pay the amount then due by debit or credit card, or by sending a cheque made payable to Cornish Cottage Holidays. Providing the booking can be confirmed, the Company will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Company no later than 8 weeks before your arrival date at the Property. However, if you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For bookings made less than 2 weeks before your arrival date, payment must be made in full by debit or credit card, or by bank transfer, at the time of booking.
All prices quoted in the brochure or otherwise advised to you include Value Added Tax (at 20%) where applicable.
If you pay by credit card the Company will make a charge of up to 1.5% for each payment made this way to recover the credit card company's charges.
The booking fee is a compulsory part of the holiday contract.
3 CANCELLATION OR CHANGES BY THE OWNER OR THE COMPANY
Neither the Owner nor the Company expects to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Company will contact the party leader as soon as is reasonably practicable, explain what has happened and inform you of the cancellation or change. If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, the Company will, if possible and as soon as reasonably practicable, offer the party leader an alternative property (from the range advertised by the Company) of similar type and standard in a similar location for the same or similar time of year. As the alternative property is likely to be owned by a different Owner to that of the original property booked, the advertised cost of the alternative property will be payable. However, it is possible you may be able to claim any price difference (if the alternative property is more expensive than the original one) from the Owner of the original property. Obviously, if the alternative property is advertised at a lower price, you will receive a refund (if you have already paid the balance of your total holiday cost) of the price difference. If you do not wish to accept a significant change or any alternative property offered or the Company cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to the Company. So as to expedite the matter, the Company will, whenever reasonably possible, communicate with you by telephone or e-mail in the case of a significant change or cancellation and you are required to do the same. The party leader should tell the Company as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell the Company that you wish to accept any change or alternative property the Company is entitled to assume you wish to cancel your booking and receive a full refund. You may also be offered compensation if and as appropriate, however, compensation will not be payable where any change or cancellation results as stated in Section 5 below or where you have refused, without good reason, to accept an alternative property you have been offered. Please note, no compensation is payable for minor changes. Such minor changes do not entitle you to take an alternative property or to cancel without paying the normal charges as set out in these Conditions. A minor change is a change which, taking into account the information you gave at the time of booking or which the Company or the Owner can reasonably be expected to know, the Company or the Owner could not reasonably expect to have a significant effect on your confirmed booking.
4 CHANGES OR CANCELLATION BY THE GUEST
(i) If you wish to change your booking, it is important to realise that a change of Property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. The Company will advise the party leader if this is the case when the change is requested. The party leader must then inform the Company as soon as is reasonably practicable as to whether you still wish to change your booking and this information must be received by the Company in writing. So as to expedite matters the Company will communicate with you by telephone or e-mail and you are required to do the same.
(ii) Cancellations. If you have to, or wish to, cancel your booking, the party leader must telephone Cornish Cottage Holidays as soon as possible. The party leader must also immediately confirm your cancellation in writing. The day the Company receives your written notification of cancellation is the date on which your booking is cancelled. The balance of the holiday will still be payable on all cancellations. The Company will endeavour to resell your booking at the full or reduced price. Any discount will be at the discretion of the Company. We strongly recommend you take out cancellation insurance; this can be arranged through the Company or by yourselves privately.
5 CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER/ COMPANY
Except where otherwise stated in these Conditions, the Owner and the Company shall not be liable jointly or individually for any change or cancellation which is a result of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if due care had been exercised. For example, beyond our control includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner or Company) and all similar situations. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by either the Owner or Company.
6 BROCHURE DETAILS
(i) The Company aims to ensure that the information provided by Owners is accurately conveyed in the brochure and other promotional literature or material produced and circulated by the Company. However, the information and prices in this brochure/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the brochure/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen Property and arrangements (including the price, grading, etc) with the Company at the time of booking.
(ii) There may be small differences between the actual property and its description, as both the Company and the Owners are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Company will tell the party leader as soon as reasonably practicable after the Company becomes aware of the situation. The Company makes reasonable efforts to ensure that information supplied to you in relation to the Property or its facilities and/or services is accurate and complete as at the date given. The Company cannot accept responsibility for any inaccurate, incomplete or misleading information about any Property or its facilities and/or services, except in the case of negligence by the Company. The Company will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information contained in the brochure or otherwise provided to you as soon as is reasonably practicable.
The Owner and Company shall have no liability for any death or personal injury unless this results from the negligence of the Owner or Company or their employees (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or Company in respect of damage to, or loss of, such personal property except where the damage or loss is caused by the negligence of the Owner or Company or that of any employee of the Owner or Company (providing they were at the time acting in the course of their employment). As the Company acts only as agent for the Owner, the Company cannot accept any liability for any acts or omissions of the Owner or anyone representing, or employed by, the Owner. Further, the Company cannot accept any liability for any shortcomings or defects with or in any Property as all properties are within the sole control of the Owner. Please also refer to Section above.
8 YOUR HOLIDAY ACCOMMODATION
Arrival and departure
You can arrive at your Property after the time stated on your final confirmation and you must leave by 10.00am on the last day unless otherwise arranged. You must contact the person stated on your final confirmation 3 days prior to arrival to inform them of your approximate time of arrival. If you fail to arrive by 12.00 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on your final confirmation, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
Care of the Property
You and all members of your holiday rental party agree both to keep the Property clean and tidy and to leave the Property in a similar condition as you found it upon your arrival. You and all members of your holiday rental party further agree not to use the Property for any commercial purpose, including subletting the Property. You are responsible to the Owner for the actual costs of any breakage or damage in or to the Property – along with any additional costs that may result – which are caused by you and/or any members of your holiday rental party, and the Owner can invoice you to cover any such costs.
Possession of the Property
The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the Property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members of your holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the Property, such as your incurring the cost of securing an alternative property/accommodation). In this situation, neither the Owner nor the Company is under any obligation to find any alternative accommodation for you. You must not allow more people than the brochure states to occupy the Property, neither can you significantly change the composition of the holiday rental party during your occupation of the Property, nor can you take your pet into the Property unless this has been arranged in advance and is shown on your confirmation.
Any individual Property conditions will be shown on your booking confirmation and if unacceptable you must contact Cornish Cottage Holidays immediately.
If you take a pet with you, it should not be allowed on beds or chairs or be left unattended in the Property. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this brochure even where the Property description states that pets are not allowed. Customers with allergies should be aware of this and the Company cannot accept any liability for any suffering which may occur as a result of such animals having been present.
Access to the property
You must allow the Owner and any representative of the Owner (including workmen) access to the Property at any reasonable time during your occupation of the Property (except in cases of emergency or where a problem needs prompt action - in these situations the Owner is entitled to enter the property at any time without giving you prior notice). Cornish Cottage Holidays cannot be responsible for or accept liability for the area surrounding the accommodation.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owner and Company are anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or his/her representative whose details appear on your final confirmation, immediately if any problem arises so that it can be speedily resolved. Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should telephone Cornish Cottage Holidays. If the customer vacates the property prematurely as a result of alleged dissatisfaction or makes a claim on return from the holiday, and has not followed the procedure above, then no liability for any subsequent claim will be accepted or correspondence entered into. If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 30 days of returning from your holiday rental, put your complaint in writing to Cornish Cottage Holidays, The Old Turnpike Dairy, Godolphin Road, Helston, Cornwall, TR13 8GS marked for the attention of the Customer Service Department. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. If you fail to follow this procedure, it may affect your entitlement to claim compensation where this would or may otherwise have been appropriate. Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in the Company's capacity as agent.
10 COMMUNICATING WITH YOU
For the purposes of the Data Protection Act 1998, Cornish Cottage Holidays are the sole data controller of all personal data provided to the Company by customers and prospective customers. In order to process your booking the Company needs to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements. If the Company needs any other personal details, it will tell you before obtaining them from you. The Company needs to pass on your personal details to the companies and organisations who need to know them so that your holiday rental and any travel-related services can be provided (for example the Property Owner and any key holder of such property, other suppliers, your credit/debit card company or bank, the insurance company if you purchase the Company's recommended personal travel insurance policy). The Company also needs to process and store your personal details for its own administration, market analyses and operational reviews. The Company would also like to store and use your personal details for future marketing purposes (for example, sending you brochures or details of promotions and offers which the Company feels maybe of interest to you). All details you give to the Company at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information. The Company may also record or monitor telephone calls to and from the Company without notification for staff or training purposes.
11 THE LAW
Any disputes between you and the Owner will be governed by the exclusive law and jurisdiction of the English and Scottish Courts.
12 YOUR RIGHTS
Your statutory rights are not affected by anything contained within these Conditions.