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 unauthorised
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 and extra charges 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, although
most owners are exempt.
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. In most cases the number of pets is
restricted to a maximum of two (unless a lesser amount is mentioned in the
description) and a greater number will only be accepted by written
agreement. 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.
(iv) all pets must be free of any pests and/or parasites
(v) all pet hair must be removed from the property and its contents before
departure.
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 2009 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).
