HOLIDAY COTTAGES (CORNWALL) LIMITED

We do not store credit card details nor do we share customer details with any 3rd parties

Incorporating Holiday Cottages Looe, Holiday Cottages Cornwall, Holiday Cottages Polperro, Holiday Cottages Mevagissey and Aspire Lifestyle Holidays.

Booking Terms and Conditions

This Agreement is made between the owner of the property (“the Property Owner”) and you and all the members of your holiday rental party in respect of the property named overleaf (“the Property”). The Property Owner delegates certain administrative responsibilities in relation to the Property to its sales and marketing agent Holiday Cottages Cornwall.

For bookings made on or after 12th May 2020:- We cannot offer refunds on any new bookings made after 12th May 2020 including those which are affected due to Government Travel Restrictions being implemented. If your holiday is affected by a Government Travel Restriction you will be offered either a change of date for the same cottage to a different week, this will be treated as a new booking and the £45.00 booking fee will be applied on the date move, or a credit note to the value of the total paid less the £45.00 booking fee. We understand obtaining insurance that will cover holidays affected in this manner will be difficult or expensive so we have made this option available to all guests. We still continue to recommend insurance for all holidays to cover cancellations that may be due to other reasons. We advise that if you are concerned your holiday may be affected and you do not want to accept a credit note or date move that you leave the booking of the holiday to as close to the date of arrival as possible. You can book cottages the day before arrival and this will ensure the very least possible chance of the holiday being disrupted. Cottages are subject to availability all of which is live on our websitewww.holidaycottagespolperro.co.uk

1.             Condition Precedent
1.1          You must be at least eighteen (18) years of age at the time of booking and be booking as a consumer as opposed to for any business purpose.
1.2          You must ensure that all members of your holiday party have read the terms and conditions contained herein and accept them in full. Completion of the booking form online will represent that all members of the party have agreed to these terms and conditions. Liability under this Agreement is joint and several between all members of the party.

2.             Incorporation of website terms and conditions
The terms and conditions contained on the website of Holiday Cottages Cornwall also form part of these terms and conditions, which govern the agreement between you and the Property Owner.

3.             Letting of the Property
3.1          Upon the issue of a written confirmation to you, the Property Owner will be deemed to have entered into a contract with you subject to these terms and conditions. The Property Owner has the right to refuse any booking prior to the issue of your written confirmation and in such event any deposit received will be returned to you immediately.
3.2          When you receive your written confirmation, the details must be checked carefully by you. If anything is not correct then you must notify Holiday Cottages Cornwall immediately.

4.             Bookings*
4.1          On booking the Property, you should pay the deposit (or in the case of holidays commencing within two (2) months of the booking date the full balance), and the options on how to pay appear on the websites. Holiday Cottages Cornwall will then send written confirmation to you as soon as possible showing your booking details and the balance of your holiday cost (if applicable), which must be received by Holiday Cottages Cornwall no later than two (2) months before your arrival date. 
4.2          Where the balance of the holiday cost is due two (2) months before your arrival date an invoice will be issued for all outstanding amounts relating to your booking and you must ensure that such payment reaches Holiday Cottages Cornwall on time. If you do not receive an invoice requesting payment please contact our office immediately. The Property Owner may re-let the Property if no payment is received by the due date. In such circumstances the deposit paid by you will be forfeited and you remain liable for the full amount of the holiday cost in such circumstances although credit may be given for any monies received as a result of re-letting (less an administrative cost of £75 for re-letting). 
4.3          If any payment you make is not honoured for any reason we reserve the right to make an administration charge of £25.
4.4          All prices quoted for the Property on our websites include our booking fee, and where applicable, VAT at the then current rate. If VAT is applicable to your booking this will be stated on the booking details and in the event that there is any change in the rate of VAT between the date of booking and the date of the holiday then, where the rate has increased, you will need to pay the difference to Holiday Cottages Cornwall. 
4.5          The Property Owner and its agent reserve the right to charge interest at a rate of 4% per annum above HSBC Bank PLC base rate from time to time on any payment or any part payment overdue calculated from the date due to the date of payment and to recover its expenses including legal fees and costs of collection. There is no obligation to provide the Property for occupation until full payment for the complete rental period has been received by Holiday Cottages Cornwall.

5.             Price and Facilities
5.1          The Property Owner and its agent reserve the right to amend prices quoted on the website of Holiday Cottages Cornwall due to errors or omissions or changes in the VAT rate.
5.2          The Property Owner and its agent reserve the right to change facilities quoted on the website of Holiday Cottages Cornwall due to errors or omissions. The Property Owner and its agent also reserve the right to alter or withdraw amenities or facilities, which have been previously advertised as being available where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond the control of the Property Owner or its agent.

6. Changes to or cancellation of the booking by you

6.1          You can cancel your holiday within seven (7) calendar days of making payment and receive a full refund providing the start date of your holiday is equal to or more than twenty eight (28) calendar days from the date payment is made. To cancel you must email Holiday Cottages Cornwall at [email protected] giving details of the Booking Reference Number, the amount paid, method of payment, and the reason for cancellation. On receipt of such notice Holiday Cottages Cornwall will refund any monies debited from you for the Property direct to you. If your holiday is due to start within 28 days and you wish to cancel within seven (7) calendar days you must notify us by email and we will try and re-sell the holiday on your behalf. This will involve administration charges and a resale is not guarantee.

6.2          If you have to or wish to cancel your booking at any time other than pursuant to Clause 6.1 above, you must telephone Holiday Cottages Cornwall on the telephone number shown on the website and the Booking Form or e-mail Holiday Cottages Cornwall at [email protected].
6.3          If you want to change your booking once confirmation has been issued, an administration fee will be payable to Holiday Cottages Cornwall once any change has been made. However, it is important to note 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.
6.4          After initial notification pursuant to clause 6.2, the person who signed the Booking Form must also immediately confirm your cancellation in writing by email to [email protected]. The day that Holiday Cottages Cornwall receives your written notification of cancellation is the date on which your booking is cancelled, and this is only deemed to be cancelled when a written acceptance of cancellation has been sent by Holiday Cottages Cornwall.
6.5          In the event of cancellation by you, cancellation charges will be payable. If cancellation occurs more than two (2) months prior to the holiday start date, this will be the deposit. If cancellation occurs less than two (2) months prior to the holiday start date, this will be the whole holiday cost. If you have not paid your total holiday cost you may be required to make a further payment although credit may be given for any monies received as a result of re-letting (less any administrative costs of re-letting).
6.6          In the event that the Property Owner (acting by Holiday Cottages Cornwall) wishes to cancel your holiday booking for any reason, they shall be able to do so up to two (2) months prior to your holiday start date with no further liability to you other than the return of any deposit or monies previously paid by you.
6.7          In the event that the Property Owner (acting by Holiday Cottages Cornwall) wishes to cancel your holiday booking for any reason (other than a force majeure reason set out in Clause 12), less than two months prior to your holiday start date, the Property Owner (acting by Holiday Cottages Cornwall) shall, at the sole discretion of Holiday Cottages Cornwall, either (i) try to relocate you in similar or superior accommodation or (ii) return any deposit or monies previously paid by you.
6.8          In consideration of the above sum, you agree that this is a reasonable pre-estimate of any likely loss to you and that such amount discharges the Property Owner (and Holiday Cottages Cornwall) from any liability to you and is in full and final settlement of any claims against them.

7.             Tenants Obligations 
7.1          Please refer to Holiday Cottages Cornwall for details of times of arrival and departure. Arrangements for collection of keys will be confirmed to you prior to your holiday commencement.
7.2          Some properties require you to pay a security deposit before arrival and again please refer to the website of Holiday Cottages Cornwall to see whether this applies to your Property. Any security deposit will be refunded to you after the end of your holiday (less any costs for breakages or damage). You are responsible to the Property Owner or its agent for any loss, breakage or damage to the Property and/or its contents howsoever caused (reasonable wear and tear excluded). 
7.3          You agree to keep the Property clean and tidy and to leave the Property in a similar clean condition as you found it upon your arrival.  
7.4          You agree not to exceed the number of people stipulated in the Property description on the website of Holiday Cottages Cornwall, not to allow other people on the Property and not to cause annoyance or become a nuisance or to cause excessive noise to occupants of adjoining premises.
7.5          You further agree not to use the Property for any commercial purpose (other than a commercial purpose notified to and agreed with Holiday Cottages Cornwall in writing in advance) including without limitation assigning or sub-letting the same or otherwise allowing anyone to occupy it that has not been notified as part of your party to Holiday Cottages Cornwall.
7.6          Pets are only permitted with the prior written permission of the Property Owner and, where permitted, are to be kept under control e.g. dogs are to be kept on a lead outside the Property and exercised off the premises. Pets are not permitted in the bedrooms or on the furniture and no responsibility is accepted by the Property Owner for their safety. You are responsible for clearing up after your pet.
7.7          The Property Owner or its agent is entitled at his/her sole discretion to refuse to permit entry to the Property by you if he/she reasonably believes that any damage is likely to be caused to the Property by you or your 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 Property Owner nor Holiday Cottages Cornwall will have any liability to you as a result of this situation arising (including for the avoidance of doubt any costs or expenses you incur in securing alternative accommodation).
7.8          You agree to pay for all electricity; fuel, telephone or other charges incurred during your stay where these services are not included in the rental payment (see the website of Holiday Cottages Cornwall for information on what charges are included in your rental payment).
7.9          You agree to allow the Property Owner and its agents reasonable access to the Property.
7.10        You agree that the person completing the Booking Form (on behalf of all the members of the party) is authorised to agree the terms and conditions contained herein and on the website of Holiday Cottages Cornwall on behalf of all persons included on the booking form, including those substituted or added at a later date. 
7.11  Smoking is not allowed in any property. Smoking in outside spaces including balconies, decking areas and gardens is permitted unless specifically not allowed on the property website or in the arrival information pack. 
7.12        Your vehicles and their accessories and contents are left entirely at your risk.

8.             Complaints
8.1          Any queries or complaints arising when you arrive at the Property or during your stay (regarding maintenance or facilities) should be addressed in the first instance to your property house manager, the details of which will be included in your cottage arrival information. We would also request you inform Holiday Cottages Cornwall of your complaint as soon as possible so we can log and monitor the issue.
8.2          It is important that any complaints are registered with Holiday Cottages Cornwall (acting on behalf of the Property Owner) immediately as complaints of a transient nature (for example, the heating of the Property) cannot be investigated or rectified unless they are registered whilst you are in residence.
8.3          No guarantee can be given that Holiday Cottages Cornwall will be able to remedy any defects or answer any queries you may have but they will endeavour to assist you and to contact the Property Owner in when necessary.

9.             Insurance
It is recommended that you arrange suitable insurance to protect yourself from the cost of cancellation and for any personal belongings you may take into the Property with you. No insurance is included in the quoted holiday cost.

10.          Termination 
10.1        Either party shall be entitled to terminate this Agreement with immediate effect on written notice if the other party is in breach of any of its material obligations under this Agreement or, if the relevant breach of material obligations is capable of remedy, the breach has continued unremedied for a period of 30 days after the party in breach has been notified of the breach by the other by a written notice specifying the breach and the steps required to remedy it. 

11.          Effect of Termination
11.1        Any termination of this Agreement (however occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect any provision of this Agreement which is expressly intended to come into or continue in force on or after such termination. 

12.          Force Majeure
12.1        If the Property Owner (or its agent, Holiday Cottages Cornwall) are affected by circumstances which are beyond their reasonable control (including without limitation flood, storm, fire, employment strikes, urgent unforeseen repairs required to Property, telecommunications access problems, destruction or damage of the Property or road blockages) then the Property Owner or Holiday Cottages Cornwall shall notify you immediately of the extent and nature thereof.
12.2        Neither the Property Owner nor its agent, Holiday Cottages Cornwall shall be deemed to be in breach of this Agreement, or otherwise liable to you, by reason of any delay in performance or non-performance of any of its obligations hereunder (to the extent that such delay or non-performance is caused by circumstances beyond their reasonable control as set out in Clause 12.1 above).
12.3        The Property Owner will procure the refund of any monies held in respect of such bookings for the Property via Holiday Cottages Cornwall, which are cancelled due to circumstances set out in Clause 12.1 which (notwithstanding Clause 6) shall constitute the full liability of the Property Owner and its agent Holiday Cottages Cornwall to you.

13.          Limited liability
13.1        Save in respect of any death or personal injury claim caused by the negligence of the Property Owner or its agent Holiday Cottages Cornwall, neither the Property Owner nor its agent Holiday Cottages Cornwall can accept liability for any damage, expense or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever. 
13.2        Save in respect of any death or personal injury claim caused by the negligence of the Property Owner or its agent Holiday Cottages Cornwall, any other liability of the Property Owner or its agent Holiday Cottages Cornwall (if relevant) under this Agreement shall be limited to the rental value of the relevant booking at the Property. 
13.3        Neither the Property Owner nor its agent Holiday Cottages Cornwall shall be liable to you for any loss of profit, consequential loss or other indirect losses under the terms of this Agreement.
13.4        For the avoidance of doubt, the Property Owner and its agent Holiday Cottages Cornwall take every care to ensure that the accuracy of property descriptions and information contained on the website of Holiday Cottages Cornwall are correct at the time of publication. However in the event of any good faith error, neither the Property Owner nor its agent Holiday Cottages Cornwall can accept any liability. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose or other warranties, conditions, guarantees or representations whether express implied by statute or otherwise oral or in writing except as provided herein or such as cannot be excluded by law.
13.5        The use of any amenities, where offered, such as swimming pools, bicycles, boats, barbeques etc is entirely at the user’s risk and no responsibility can be accepted by the Property Owner for any death or personal injury (save to the extent that such death or personal injury was caused by the negligence of the Property Owner or its agent Holiday Cottages Cornwall). No responsibility whatsoever is accepted by the Property Owner’s agent, Holiday Cottages Cornwall, for any such death or personal injury (save to the extent that such death or personal injury was caused by the negligence of Holiday Cottages Cornwall). No liability for any other loss or damage in connection with the use of such amenities is accepted.

14.          General 
14.1        This Agreement and any document referred to in this Agreement constitutes the entire agreement, and supersedes any previous agreement, between the parties relating to the subject matter of this Agreement.
14.2        A variation of this Agreement is valid only if it is in writing and signed by or on behalf of each party.
14.3        The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.  No single or partial exercise of a right or remedy under this Agreement shall prevent any further exercise of the right or remedy of the exercise of any other right or remedy.
14.4        Except as expressly provided in this Agreement the rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
14.5        Nothing in this Agreement shall be construed as creating a partnership between the parties or as constituting either party as the agent of the other party (save as expressly set out in this Agreement) for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
14.6        The Property Owner and its agent shall be entitled to perform any of the obligations undertaken by them and to exercise any of the rights granted to them under this Agreement through any other company which at the relevant time is a holding company or subsidiary or group company and any act or omission of any such company shall for the purposes of this Agreement be deemed to be the act or omission of the Agent.
14.7        You may not assign or transfer or purport to assign or transfer a right or obligation under this Agreement. The Property Owner and/or its agent Holiday Cottages Cornwall may assign or transfer or purport to assign or transfer a right or obligation under this Agreement.
14.8        The Property Owner (on behalf of itself and it agent Holiday Cottages Cornwall) undertakes that in connection with the performance of the services they will comply in all respects with the Data Protection Act 1998 (“the Act”) and they will not knowingly by any act or omission be in breach of the Act and in particular but without limitation they will put in place appropriate technical and organisational measures to prevent the unauthorised processing or disclosure of personal data.
14.9        Except in relation to notices served under Clause 6.4 hereof which must be served by registered post, any notice under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class post or by email, to the party due to receive the notice or communication at its address set out in this Agreement or such other address as either party may specify by notice in writing to the other.
14.10      In the absence of evidence of earlier receipt, any notice shall be deemed to have been duly given:
14.10.1  if delivered personally, when left at the address referred to herein;
14.10.2  if sent by mail first class, two calendar days after posting it;
14.10.3  if sent by email on receipt of a successful ‘read receipt’
PROVIDED ALWAYS that where any notice would be deemed under this Clause to have been served on a Saturday, Sunday or UK bank holiday then such notice shall not be deemed served until the next working day.
14.11      This Agreement is governed by, and shall be construed in accordance with, English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

15.         Privacy Policy
15.1       All of the personal information we hold relating to your booking will not be shared or made available to any third parties and we do not store any financial information relating to card payments.

Holiday Cottages (Cornwall) Ltd
Registered Office:
5 Imperial Court
Laporte Way
Luton Bedfordshire
LU4 8FE

Company Reg. No. 5966665