YOUR CORNWALL HOLIDAY LTD
Terms and Conditions
Please read the following Terms and Conditions so that you understand the contractual relationship between yourself and the Owner of the Holiday Home you wish to stay in. This will give you peace of mind prior to the start of Your Cornwall Holiday and whilst staying in your chosen Holiday Home.
Your Cornwall Holiday Ltd Booking Terms and Conditions
1. The Parties
The Agent: means Your Cornwall Holiday which is the trading name of Your Cornwall Holiday Ltd. The company is registered in England and Wales with Registered Number 10978489 whose registered office is : International House, 142 Cromwell Road, London, SW7 4EF.
The Owner: means that Your Cornwall Holiday Ltd acts as Agent for the Owners of the Holiday Home hereafter referred to as ‘the Holiday Home Owners’ or ‘the Holiday Home Owner’. The letting arrangements are made by the Agent on behalf of the Owners and the contractual relationship is directly between the Owners of the Holiday Home and the Guest.
The Guest: means the person booking a Your Cornwall Holiday in accordance with these Conditions.
2. Definitions and Agreed Terms
The definitions together with agreed terms and rules of interpretation in this Clause 2 apply to these Conditions.
Booking: the booking of a Holiday Home by a Guest in accordance with Condition 3 in these Terms.
Booking Fee: a non-refundable fee of £25.00 payable to the Agent for each Holiday Home booking.
Contract: a Contract between a Holiday Home Owner and a Guest for the letting of a Holiday Home.
Deposit: a sum equal to 25% of the total letting price as requested by the Agent.
Holiday: means the period from 3.00 pm on the Commencement Date until 10.00 am on the Departure Date at the Holiday Home booked unless other timings have been agreed by the Agent.
Holiday Dates: means the commencement date from which the Guest has booked the Holiday Home and the departure date means the end of the Holiday as confirmed by the Agent and the Booking confirmation documentation.
Holiday Home: means the holiday accommodation as listed in any promotional media and on the Agent’s website
Late Departure Fee: if the Guest and their party depart their booked Holiday Home any later than 10.00 am without prior approval from the Agent (which must be agreed in writing at least 48 hours before the departure date), the Agent may charge the Guest a Late Departure Fee (usually £50.00 per hour). No late departure times will be agreed in peak season.
Security Deposit: a security deposit if required is payable by the Guest to the Agent on behalf of the Holiday Home Owner when making the Booking.
3. Making a Booking or Changing a Booking
3.1 Bookings can only be accepted by the Agent on the supply of all the required booking details in accordance with the procedures set out on the Agent’s website.
3.2 All bookings must be accompanied by the Booking Fee, Deposit and any fees for any extras (where applicable) and a Security Deposit if required by the Holiday Home Owner in accordance with the procedures set out on the Agent’s website.
3.3 If the Guest wants to change their booking after the Deposit has been paid and the Booking has been confirmed, the Agent has the right to make an additional charge of £25.00 in respect of any administrative work required.
4.1 If a Booking is made 8 weeks or more prior to the commencement date of the Your Cornwall Holiday, a deposit of 25% of the total rental price of the Holiday Home is payable, together with the Booking Fee and the Security Deposit (if applicable).
If full payment of the price of the Your Cornwall Holiday has not been received 8 weeks prior to the commencement date of the Holiday Home rental, then the Agent reserves the right to cancel the Booking, retain the Deposit and make the Holiday Home available for re-letting.
4.2 If a Booking is made less than 8 weeks prior to the commencement date of the Your Cornwall Holiday, the total rental price of the Holiday Home, together with any other fees must be paid in full.
4.3 The Agent shall not be responsible for sending out any reminders for when monies should be paid by. Any due dates for monies payable will be set out on the Booking confirmation.
4.4 Payments can be made via a debit card, credit card or by direct bank transfer. The Agent does not accept American Express cards.
4.5 Many of the Holiday Home Owners on the Agent’s website are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the weekly letting price.
5. Authority to Sign
The person who completes the Booking form certifies that:
5.1 He or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or included at a later date.
5.2 The signatory is over 18 years of age
5.3 They agree to take responsibility for the entire party occupying the Holiday Home and to notify the Agent if they are not a member of that party.
6.1 A guest who wishes to cancel the Your Cornwall Holiday must notify the Agent in writing.
6.2 When a Deposit has been paid and the Booking has been confirmed in writing by the Agent, the Guest is liable for the balance of the Holiday rental for the period booked. All payments including the Booking Fee, Deposit, any extras and subsequent Holiday Rental payments are non-refundable.
7. Holiday Insurance
The Agent does not currently offer any Holiday Insurance, but strongly recommends to all of its Guests to take out insurance which covers for holiday cancellations and curtailment.
8. Security Deposit
Certain Holiday Homes marketed by the Agent require that a Security Deposit is paid in respect of the contents and general condition of the Holiday Home. Should this Security Deposit be required, the monies will be held by the Agent until such a time (usually 7 days after departure of the Your Cornwall Holiday) as the Agent or Holiday Home Owner has inspected the Holiday Home. The balance will then be returned to the Guest (less any deductions). A copy of the Agent’s Security Deposit policy document shall be made available at the Agent’s registered office or supplied to the Guest upon written request.
Due to the unique nature of many of the Holiday Homes advertised on the Agent’s website and any other promotional media, the Agent is unable to guarantee that they are suitable for disabled access. The Guest is therefore advised that all Holiday Homes which are suitable for disabled access will be advertised as such on the Agent’s website and an Access Statement can be supplied on request. If the Guest is in any doubt as to the suitability of the Holiday Home, it is strongly advised to contact the Agent for further information.
10.1 Pets are only permitted in Holiday Homes that accept pets as advertised on the Agent’s website in the individual Holiday Home description. With respect to dogs these are usually restricted to a maximum of 2 small to medium dogs (unless in the Holiday Home description it states a lesser amount). Additional payments are normally required for each dog at £25.00 per week (or part thereof).
The Agent welcomes Assistance Dogs, but where a Holiday Home does not ordinarily accept a dog, the Agent must seek permission from the Holiday Home Owner before confirming the Booking
10.2 Pets are not allowed on any furniture or in any bedrooms within the Holiday Home and pets must not be left alone in the holiday accommodation unsupervised.
10.3 All pets must be housetrained and be at least 6 months old.
10.4 All pets are to be kept under control at all times and exercised away from the holiday accommodation.
10.5 The Guest is responsible for cleaning up after their pet (any mess in the garden) and removing as much pet hair as possible from the Holiday Home and its contents. There will be a charge if in the reasonable opinion of the Agent, the Holiday Home Owner and/or their designated representative the Holiday Home requires extra cleaning.
10.6 All pets must be free of any pests and/or parasites.
10.7 The Agent or Holiday Home Owner cannot guarantee that Holiday Homes that do not accept pets have never had a pet occupying the Holiday accommodation.
10.8 The Agent cannot accept any responsibility for any legislation relating to dogs not being permitted on beaches.
11. Right to Occupy and Party Size
11.1 The Holiday Home Owner permits the Guests and the Guest’s party (but no more than the number of people stated on the Booking confirmation and/or the maximum number the Holiday Home sleeps) to occupy the Holiday Home for a Holiday, payment for which is required in advance.
11.2 The Guest must certify when completing or confirming the Booking that they are over 18 years of age. The Guest must be a member of the occupying party and be authorised to agree to these Conditions on behalf of all party members. The Guest agrees to take responsibility for all members of the party (including any additional invitees to the Holiday Home) including any payments, default or change in personal circumstances. The Holiday Home Owner reserves the right to terminate this Contract without prior notice should the Guest be in breach of any requirement as stated in this clause 11.2.
11.3 The Guest’s right to occupy the Holiday Home may be forfeited without compensation if those Guests listed on the Booking confirmation allow any additional overnight guests to be accommodated without the Holiday Home Owner’s permission.
11.4 The use of the Holiday Home for the purposes of a hen/stag party is not permitted unless agreed in writing by the Agent or the Holiday Home Owner.
11.5 The Holiday Home is available for occupation no earlier than 3.00 p.m. on the day of arrival and the Guests must depart by 10.00 a.m. at the latest on the day of departure. If these times differ on a specific property, the time will be detailed on the Guest’s booking confirmation documents.
11.6 If the Guest wishes to depart the Holiday Home any later than 10.00 am (this will not be permitted in peak times), they must get approval from the Agent at least 48 hours before the departure date. Any Guest departing late without prior approval may be charged a Late Departure Fee (usually £50.00 per hour).
12. Property Description
12.1 The Agent makes every effort to provide up-to-date and an accurate description of the Holiday Home, but the person enquiring accepts that minor differences may arise between the description or photographs and the actual Holiday Home. All distances are approximate. The person enquiring is responsible for ensuring the selected Holiday Home is suitable for their needs and for making any specific requirements known to the Agent. Occasionally a Holiday Home Owner will make changes to the set-up of their Holiday Home for which the Agent cannot be held responsible.
12.2 Where facilities such as internet and WIFI access are offered in any holiday accommodation, this will be detailed in the individual Holiday Home description. If it is not stated then it should be assumed that it is not available. For Holiday Homes that do offer WIFI, Broadband speed and service can vary (particularly in some older Holiday Homes with thick walls) and in some Holiday Homes, bandwidth is restricted so may not offer sufficient capacity for downloading music, TV programmes or films.
12.3 By placing a Booking with the Agent, the Guest confirms that they have read the full Holiday Home description on the Agent’s website.
13. The Holiday
The Guest has the right to occupy the Holiday Home for a Holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. The Guest’s Obligations
The Guests agrees:
14.1 to pay for any losses or damage to the Holiday Home however caused (except reasonable wear and tear).
14.2 to take good care of the Holiday Home and leave it in a clean and tidy condition at the end of the Holiday letting.
14.3 to permit the Holiday Home Owner, the Agent and their representative reasonable access to the Holiday Home.
14.4 not to part with possession of the Holiday Home 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 description listed on the website.
14.5 not to cause an annoyance or cause a nuisance to occupants of adjoining premises.
14.6 not to use the Holiday Home for any commercial or immoral purposes.
14.7 where WIFI is available, the Guests are solely responsible for complying with all relevant laws and ensuring that no computer or software virus, inappropriate or illegal material is accessed or downloaded and the Agent and Holiday Home Owner shall be fully indemnified by any Guest using a WIFI 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 of 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 the Agent or Holiday Home Owner cannot accept any responsibility for any inappropriate access or use of the internet by children or others.
14.8 as all the Your Cornwall Holiday Homes provide towels and bed linen, the Agent and Holiday Home Owner request that you take care when using them, so as not to damage or permanently stain them. The uses of self-tanning lotion/fake tan, make-up or hair dye are a common example of products that can cause 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 Deposit or charged to the Guest where a Security Deposit is not applicable.
14.9 to pay for gas, electricity, fuel and telephone (if a landline available for guest use) charges incurred during the Holiday that the Agent and/or the Holiday Home Owner believe to be the result of excessive use.
14.10 not to do or permit any acts that would make any insurance policy on the Holiday Home void or voidable or increase the premium.
14.11 be responsible for placing any rubbish in the correct rubbish bags and location for collection as per the individual Holiday Home’s waste collection instructions. The Agent reserves the right to pass on any charges resulting from incorrect disposal of rubbish.
14.12 not smoke inside the Holiday Home, or any area around the Holiday Home where ‘no smoking’ signs are displayed. Smoking is strictly prohibited in all of the holiday accommodation listed on the Agent’s website.
14.13 Where car parking is provided at a Holiday Home, Guests must only use the space allocated. Unless otherwise stated, it must be assumed that the parking space will only accommodate an average sized car. If in doubt, the Guests should contact the Agent before booking. The Holiday Home Owner and the Agent accept no liability for additional costs incurred if an alternative space is required or the Guests vehicle is damaged.
14.14 In the event that there is a dispute between the Parties and the Guest is found at fault, then the Guest shall be responsible for meeting the Holiday Home Owner’s and Agent’s reasonable costs (and if applicable any legal fees).
14.15 The Holiday Home Owner or the Owner’s designated representative reserves the right to repossess the Holiday Home in the event that any of the requirements as stated in clauses 13.1 to 13.12 inclusive are breached. The Holiday Home Owner further reserves the right to repossess the Holiday Home if excessive damage is caused by the Guest or by a member of the Guest’s party.
15.1 If the Guest has a complaint in respect of the Holiday Home then this must be reported to the Holiday Home Owner’s designated representative (or the Agent if the representative is unavailable) within 24 hours of the issue arising, to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered to a Guest by the Agent or Holiday Home Owner should the Guest deny the Holiday Home Owner or Agent the opportunity to rectify the issue during the Holiday. If the issue is not resolved to the Guest’s satisfaction during their stay, they must contact the Agent within 14 days of their departure date.
15.2 The Agent will act on a goodwill basis as arbiters between the Guest and the Holiday Home Owner to resolve any dispute, but cannot be held liable if one or both parties are dissatisfied with the outcome.
15.3 Neither the Holiday Home Owner nor the Agent accepts responsibility for work taking place outside the boundary of a Holiday Home, or for noise or nuisance resulting from third party activity over which the Holiday Home Owner or the Agent has no control.
16. Non-availability of Holiday Home
If for any reason beyond the Holiday Home Owners or the Agent’s control the Holiday Home is not available on the commencement date of the Booking or the Holiday Home becomes unsuitable for holiday letting, all rent and fees paid in advance by the Guest will be refunded.
17.1 Neither the Holiday Home Owner nor the Agent shall be liable for any death or personal injury occasioned to the Guest or a member of the Guest’s party, or its additional invitees or Guests, unless such death or personal injury is a direct result of an act of negligence or breach of statutory duty by the Holiday Home Owner or by the Agent or any of their employees (providing they were at the time acting in the course of their employment).
17.2 The Guest must take all necessary steps to safeguard their own personal property. No liability is accepted by the Holiday Home Owner or by the Agent in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act of negligence or breach of statutory duty by the Holiday Home Owner or by the Agent or that of any of their employees (providing they were at any time acting in the course of their employment). Your Cornwall Holiday acts only as an Agent for the Holiday Home Owner, as such the Agent cannot accept any liability for any act of negligence or breach of statutory duty by the Holiday Home Owner or anyone representing, or employed by the Holiday Home Owner.
17.3 The Agent reserves the right to charge a callout fee based on an hourly rate (dependent on the time of day) either in the event that the Guest wishes the Agent to attend the Holiday Home or that the keys to the Holiday Home have been mislaid and the Guest requires access. This hourly charge does not include the replacement cost of any lost keys.
17.4 Except in respect of death or personal injury, if the Holiday Home
Owner or the Agent is found liable to the Guest on any basis, the maximum liability of the Holiday Home Owner orthe Agent to the Guest is the amount of the Holiday rental. Neither the Holiday Home Owner nor the Agent shall be liable to the Guest by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Holiday Home Owner or the Agent, their representatives or agents or otherwise) which arise out of or in connection with these.
17.5 Every effort is made to ensure all items of equipment described and supplied by the Holiday Home Owners are in good working order; however no guarantee is given or liability accepted if breakdowns occur before or during a holiday. Whilst the Agent and/or Holiday Home Owner will endeavour to organise repairs or replacements as quickly as possible, delays may occur, particularly during the peak season.
17.6 Nothing in these Conditions affects liability for death or personal injury caused by the Holiday Home Owner’s or Agent’s negligence or for fraudulent misrepresentation, or statutory rights as a consumer.
18. Breach of Contract
18.1 If the Guest commits a material breach of any of these Conditions, the Agent and the Holiday Home Owner reserves the right to re-enter the Holiday Home and terminate the Holiday letting. In the event of a breach in accordance with this condition 18.1 and the Agent is unable to find someone else to occupy the Holiday Home for the remainder of the period of the Booking, no refund of any sums paid will be returnable to the Guest.
18.2 If the Agent or the Holiday Home Owner commits a material breach of any of these Conditions, the Guest has the right to terminate the Holiday letting.
18.3 Termination of the Holiday by the Agent, the Holiday Home Owner or the Guest does not affect that party’s other rights and remedies.
19. Validity Condition
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 or unreasonableness be deemed severable and the remaining provision of the Booking Conditions and the remainder of such provision shall continue in full force and effect.
20. Governing Law and Jurisdiction
20.1 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.
20.2 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 accordance with, the Contract or its subject matter or formation (including non-contractual disputes or claims).
In case of a discrepancy between these Booking Conditions and any other contents of the Agent’s website, these Conditions shall prevail, but this shall not limit the Agent’s liability for failure to supply the holiday accommodation as described on the Agent’s website.
22. Condition Headings
Condition Headings are inserted for convenience and are to be ignored for the purposes of construction.