1. Booking
All bookings must be made through Cornish Horizons, 19 New Street,
Padstow, Cornwall PL28 8EA, hereinafter referred to as ‘the agent’, who
act as agents on behalf of the owner of the Property. The booking is a
contract between the owner of the Property and the applicant (the person
signing the booking form – known as ‘the tenant’ during occupation of the
Property) for occupation of the Property for a specified period. A booking
request will only be accepted on the agent's official booking form or the
agent’s website booking form, accompanied by the specified deposit or full
rent (see below) and a contract will only exist between the applicant and
the owner on receipt by the applicant of written booking confirmation from
the agent. The agent reserves the right until then to refuse the booking
and return any payments made.
2. Authority to sign
The applicant confirms that he or she has read and understood the
description of the property being booked as found in the agent’s current
brochure (subject to any amendments on the accompanying addendum /
supplement), brochure supplement or website (hereinafter called the
‘property details’). The applicant is responsible for the property and
ensuring that all members of the party observe these booking conditions
and must advise the agent if the applicant is not a member of the party.
The applicant must be over eighteen years old.
3. Eligibility and special conditions
Bookings to single sex parties in excess of two or groups of people
where the majority of the party are under the age of 25 (in both cases
whether for all or part of the period booked) will only be accepted if
specifically agreed and, if so, special conditions might apply. The agent
and owner also reserve the right to apply such special conditions to other
applicants if they consider this to be appropriate. Such special
conditions may include the requirement for references or for the payment
of a special damage deposit (see clause 17) of an amount to be agreed. The
owner is not required to give an explanation for any such requirement.
4. Property description and facilities
The agent makes every effort to provide an up-to-date true and
accurate description of the property but the tenant accepts that minor
differences may arise between the description or photographs and the
actual property. All distances are approximate. The tenant is responsible
for ensuring the selected property is suitable for their needs and for
making any specific requirements or needs known to the agent.
5. Times and duration of letting
Lettings generally run from 3pm on the day of arrival to 10am on the
day of departure unless specified to the contrary in the property details.
Changeover days are as specified on the property details, unless otherwise
agreed and noted on the applicants booking form. The period booked will be
as stated on the booking confirmation and property information sent to the
applicant who will be liable for any costs resulting from any unauthorized
extension. Any agreement to arrive earlier or leave later than the times
and dates booked must be made in writing with the agent.
6. Payment of rent
The full rent is due with bookings made less than 8 weeks in advance.
A minimum deposit of 25% of the rent must be included with bookings made
more than 8 weeks in advance and the balance must reach the agents at
least 8 weeks before commencement of the tenancy (reminders are not sent).
Dishonoured cheques or non payment of balances by the due date may be
considered as a cancellation. Rents include VAT where applicable.
7. Payments from UK
Payments can be made by: (a) cheque made out to “Cornish Horizons” (NB
will only be accepted if received more than two weeks before the holiday)
(b) debit card*; (c) credit card* (Note that a non-refundable surcharge of
1.5% is payable when paying by credit card or a non UK debit card); (d)
postal order or cash (the agent does not recommend making cash payments by
post). If you wish to make payment by an alternative method please contact
the agent with details. *NB The agent does not accept American Express
cards.
8. Overseas payments
Payments from outside UK can be made in one of the following ways: (a)
a UK debit card*; (b) credit card or a non UK debit card* (Note that a
non-refundable surcharge of 1.5% is payable when paying by credit card or
a non UK debit card); (c) cheque drawn on a UK bank and made out in pounds
sterling [NB will only be accepted if received more than two weeks before
the holiday; (d) By bank draft made out in pounds Sterling from a UK bank.
*NB The agent does not accept American Express cards.
9. Cancellation
All cancellations must be advised immediately by telephone followed as
soon as possible by confirmation in writing. Where the applicant cancels
the booking for any reason he/she will remain liable for the full amount
of the rent. If, however, the agent is successful in re-letting the period
or part thereof the agent shall return the rent paid for the period which
has been re-let, less the following deductions: any reduction in the
re-letting rent which the agent has had to make in order to re-let the
property; £30 inc VAT agent's cancellation fee; any expenses incurred by
the agent for additional administration or advertising; for overseas
payment – any expenses incurred by the agent due to currency cheque
negotiation or overseas postage. The applicant is not entitled to require
the agent to re-advertise the property at the full asking rent unless
he/she has already paid the full amount of the rent.
10. Property information folder
An information folder is provided in each property with important
information about the property, local services and who to contact in case
of problems. If missing, tenants must advise the agent immediately.
Specific owners conditions with which tenants should comply may be
included. The inventory included with the folder should be checked by
tenants on arrival and any discrepancies reported immediately to the owner
or caretaker otherwise the inventory will be deemed to be correct.
11. Changes to a booking
If an applicant wishes to change their booking to another property
this will be treated as a cancellation (see above) and a new booking.
Applicants wishing to change dates on the same property may do so provided
the property is available and the owner is in agreement. In either event a
£30 inc VAT re-booking fee is payable.
12. Non availability of property
If for any reason beyond the owners’ control the property is not
available for all or part of the period booked (e.g. fire damage) or the
property has become unsuitable for holiday letting, the agent will make
every reasonable effort to arrange for alternative accommodation. If this
is not possible or acceptable to the applicant then the owners’ and
Cornish Horizons’ liability shall be limited to the refund of all rents
paid in respect of the period of unavailability.
13. Pets
Pets are only permitted where specified in the property details
although some properties will accept an assistance dog. Additional
payments are normally required for each pet at a rate per week (or part
thereof) and are as specified in the property details. Specific owners
rules may apply (e.g. to be excluded from certain areas) and in all cases
tenants are to comply with the following rules: (i) pets are to be kept
under control at all times, exercised off the premises and never left
alone in the property. (ii) pets are to be kept off the furniture and are
not permitted in bedrooms. (iii) pets are not to be allowed to mess in the
garden and all “accidents” are to be cleaned up immediately. There will be
a charge made on discovery of evidence of contravention of these
conditions following the tenant’s departure. It should be noted that even
where pets are not accepted the agent cannot categorically guarantee that
there have been no pets at the property or in the grounds.
14. Breach of contract
The owner or agent on the owner’s behalf reserves the right to
terminate the tenancy, without refund, if there shall be a breach of any
of these conditions (this is without prejudice to any of the other rights
and remedies available to the owner).
15. Problems or complaints
Any problems or deficiencies with the accommodation or contents should
be reported to the owner, caretaker or housekeeper (as appropriate)
immediately or at least within 24 hours. Any complaints about the
accommodation or failure on the part of the owner, caretaker or
housekeeper to rectify problems must be reported to the agent within 24
hours. In both cases a prompt notification by the tenant is required to
enable remedial action to be taken. On no account will complaints be
accepted or correspondence entered into where complaints are made after
the end of the tenancy since no opportunity to take remedial action was
allowed.
16. Matters beyond the owners control
Neither the owner nor the agent can be held responsible for matters
beyond their control such as: (i) noise, nuisance or disturbance resulting
from building works, noisy neighbours or local events, etc. (ii)
disruption of service from utility suppliers (iii) closure of shops or
amenities described in the property details
17. Damage deposits and Special damage deposits
The owner of certain properties requires a damage deposit to be paid
with every booking. Where required, this will be indicated and the amount
specified in the property details. Under certain circumstances a special
damage deposit, of an amount to be agreed, may be required by the owner of
any property for bookings made by certain parties (see clause 3). These
deposits are due, and will be paid in, at the same time as the balance or
full payment of the rent. Provided that the owner does not require any
deductions to be made, the deposit will be returned promptly after
departure. If the owner instructs the agent to make any deductions as a
result of damage or failure to comply with these booking terms and
conditions, the balance will normally be refunded within 28 days of
departure. The agent accepts these deposits on behalf of the owner and
therefore cannot act on the tenant’s behalf in any dispute between the
owner and tenant; such disputes must be taken up directly with the owner
of the property.
18. Tenants obligations
The tenant agrees: a) To comply with the restrictions noted in the
property details (eg. no smoking). b) To pay the cost of all damage caused
by the tenant, or tenant's party, to the structure, grounds, fittings or
contents (fair wear and tear excluded). This is irrespective of whether
any damage deposit paid is sufficient to cover this. This includes
repairs, replacements and the cost of extra or special cleaning (e.g.
stained carpet). All minor damage such as breakage of glasses, etc. should
be rectified before leaving or, if impossible, payment made to the
caretaker or owner. c) Where electricity is not included in the rent or is
not paid by a slot meter (in both cases see property details), to pay for
electricity at cost price. The meter will be read before arrival and the
tenant will be asked for payment on departure. d) To pay for any
additional services which might be specified in property details (e.g.
telephone calls). e) To take good care of the property during occupation,
to use the property and its contents in a safe and appropriate manner, to
read instruction booklets before use of appliances and to leave the
property in a clean and tidy condition at the end of the holiday and to
return all furniture to the place in which it was found on arrival. f) Not
to share the property with anyone who is not a member of the party and not
to exceed the total number of people specified on the property details
unless agreed in writing. g) Not to assign, sublet or part with possession
of the tenancy without the agent’s approval and agreement in writing. h)
To allow the owner or agent reasonable access for the purposes of
inspection or repair. i) Not to cause annoyance or nuisance to occupants
of adjoining properties. j) To comply with the security and safety
precautions and rubbish disposal instructions in the property information
folder (see above). k) To leave on time. The tenant will be liable for any
extra costs incurred for staying beyond the departure time. l) At the end
of the holiday to return the property keys from whence they came or
otherwise as instructed by the agent or the owner and to pay the cost of
replacement of any such keys or change of locks as result of the tenant’s
failure to return the keys. m) Not to arrive before the arrival time
without specific agreement.
19. Personal Property
The owner is not responsible for tenants’ personal property either
during or after occupation of the property. If items are left behind the
tenant should let the owner or caretaker know as soon as possible so that
these can be searched for and returned if found. Reimbursement for
postage, packing and any other expenses as well as an administrative
charge will normally be required in advance. Items which are not claimed
or where postage, packing etc. is unpaid will only be kept for a short
period before being disposed of.
20. Insurance
The agent strongly recommends that tenants obtain their own
comprehensive insurance cover for their holiday to cover such risks as
cancellation, accident or breakdown (application forms can be sent for
cancellation plan insurance on request). If the tenant has to cancel their
holiday they must advise the agent whether or not they have cancellation
insurance. Please note that in general most holiday homes only have
standard building and contents insurance which does not include accidental
damage cover.
21. The Tenancy and Jurisdiction
The tenant will have the right to occupy the property for a holiday
within the meaning of Housing Act 1988 (Schedule 1, paragraph 9). In all
disputes and interpretation of this contract English law and jurisdiction
will apply. If a court finds that one of these booking conditions is
illegal, void or unenforceable, in whole or in part, the remainder of the
booking conditions will continue to be valid and have full force and
effect.
22. Cornish Horizons liability
The agent is not liable for any act, neglect or omission on the part
of the owner, the owner's representative or any other person not directly
in the agent’s employ. The agent is not liable for errors or
misrepresentation in the property details or other information which has
been provided by the owner or failure of the owner to keep the property
and contents in good condition.
23. Data
The applicant acknowledges that the agent will take personal
information such as the applicant’s name, contact information etc. This
will be used by the agent to process the booking and for marketing
purposes such as sending brochures, supplements, newsletters, special
offers. The agent will not pass this information on to third parties other
than (a) in relation to bookings – the owner and the owner’s employees
(such as the owner’s cleaner and caretaker) or (b) in relation to
marketing by the agent and their data management – companies/individuals
employed by the agent to undertake on the agent’s behalf such tasks as
sending brochures, managing/analysing data. The agent will also take
details necessary to process card payments associated with bookings and
will only pass this information on to the bank handling card payments.
These Booking Conditions were updated in September 2008 and these
conditions supersede all previous editions.
Cornish Horizons is the trading name of Cornish Horizons
Ltd.
Registered address 1 High Street, Knaphill, Woking, Surrey GU21 2PG
Registered no. 0470 9085 (NB Do not use this address for correspondence)
