1. Who are we ?
- Terrence Mason, trading as The Old Watch House, is the owner of the accommodation (“the Owner”, “our”, or “we”). In all circumstances, these terms and conditions are between the guest (“the Guest” or “you”) and the Owner relating to your holiday let (“Booking”).
- The Owner may be contacted at Dunnett Cottage, Rackley Lane, Compton Bishop BS26 2HJ, or phone +44 (0) 07850428484, or by email firstname.lastname@example.org.
Booking enquires can be made to Elizabeth Price who can be contacted:
- By post:Dunnett Cottage, Rackley Lane, Compton Bishop BS26 2HJ;
- By phone: +44 (0) 1278 795027
- By mobile phone: +44 (0) 7411332201
- By email: email@example.com
2. Making a booking with us
This agreement is made on the basis that the property known as ‘The Old Watch House’ of The Old Watch House, 6 Carn Todden, Mousehole, Cornwall TR19 6QD (“the Property”) is to be occupied by the Guest for a holiday only (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions) and the Guest acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends. No business use or purposes of the Property are permitted unless expressly agreed in writing by the Owner.
Bookings cannot be accepted:
- from persons under 21 years of age;
- groups where all the guests are under the age of 21;
- parties where the majority of guests are under the age of 21;
- stag and hen parties;
- group bookings of single sex groups unless consent is given by the Owner (an additional Security Deposit may be required).
- No booking shall be confirmed until (i) the Booking Deposit has been paid, (ii) details of the Guest each guest accompanying you (“Holidaymakers”) have been provided to the Owner, and (iii) the Owner has provided you with written confirmation of your booking. If additional Holidaymakers are joining and/or leaving between the booking dates, the Owner will also require their names and ages and on which nights they will be staying. Only persons named within the booking are authorised to stay at the Property.
- If the Owner is unable to accept a booking request the Guest shall be notified and the Booking Deposit (or any other monies) which have been paid, shall be returned to the Guest using the same method payment the Guest had originally used at the time of making the booking.
- Any pets you intend to take with you should be declared at the time of booking and checked and authorised with the Owner – please see clause 10 for further details concerning pets.
3. Booking Deposit
- To secure a booking the Guest must pay a deposit of 30% of the total rental charge (including any Security Deposit) (“Booking Deposit”). The Booking Deposit is non-refundable unless the Owner is unable to accept the booking.
- By paying the Booking Deposit, the Guest confirms it has read, understood and agreed that the Guest and all Holidaymakers staying at the Property shall be bound by these terms and conditions.
4. Security Deposit
- A refundable security deposit is to be paid by the Guest as a deposit towards any damage, loss or loss of rental suffered by the Owner as a result of the conduct of a Guest, any Holidaymaker, or anyone else the Guest or Holidaymaker may invite to the Property (“Security Deposit”).
- The Security Deposit amount will be confirmed at the time of booking.
- The Guest will be required to pay the Security Deposit at the time of making the final payment for their Booking (being six (6) weeks before the check-in date or at the time of booking if the check-in date is less than six (6) weeks).
- The Property will be inspected after the Guest’s departure by the Owner’s employed service company. The Owner aims to refund the security deposit within 7-14 days of Guest departure from the Property, provided no loss, damage or unreasonable cleanliness has been caused to the Property, its contents, fixtures/fittings or gardens.
- If any loss, damage or unreasonable cleanliness is identified, you will be notified of the value of such loss/damage and this will be deducted from the Security Deposit. Any undisputed Security Deposit balance (if applicable) will be refunded to the Guest within 28 days of your departure from the Property. The Owner reserves the right to withhold the Security Deposit (or an appropriate portion of the Security Deposit) for longer if, for reasons beyond the Owner’s reasonable control, it takes the Owner (or their service provider or insurer) longer to assess the value of loss and/or damage incurred.
- The Security Deposit does not limit your liability to the Owner for loss, damage and/or unreasonable cleanliness. If the value of the loss/damage claim exceeds the Security Deposit paid, then the Guest may be issued with an invoice (setting out the relevant payee details) for the balance, which must be settled within 7 days of receiving notification of the total value and amount owing.
- If a Guest intends to claim any amount from their own insurance, the Owner will provide the guest with all documentation which are reasonably and necessarily required. Regardless of any insurance claim, the Guest will remain jointly and severally personally liable to the Owner for making payment in full within the 7 day term in relation to any loss/damage claim which exceeds the Security Deposit paid.
5. Final Balance Payment, additional payments and failure to pay
- Once a Booking is confirmed by the Owner, the Guest is responsible for the full balance of the cost of the Booking (in addition to the Security Deposit). Where a Booking Deposit has been paid then the balance of the accommodation costs together with any additional costs (e.g. pets) must be paid in clear funds no later than six (6) weeks before the Booking is due to commence.
- For bookings made less than six (6) weeks from the intended check-in date of the Booking, then the total amount together with the Security Deposit will be paid to the owner in full and in cleared funds.
- If the Guest fails to pay any balance or additional costs by their due date (and in any case if it is more than 7 days in arrears), then the Owner reserves the right to re-let the Property and cancel the Booking whilst retaining the Booking Deposit. In the event the Owner is unable to re-let the Property then the Guest shall, at the Owners sole discretion, remain liable for the full amount of the Booking.
6. Making Payment to us
- All payments to the Owner must be paid in pounds sterling (£GBP).
- Guests who reside in the United Kingdom can make payment by debit card, credit card or BAC’s payment. Payment by cheque is not accepted unless agreed by the Owner.
- Guests who reside outside of the United Kingdom can make payment by credit card, debit card or international bank transfer (providing the Guest incurs all such transaction fees, bank fees and foreign exchange fees so as to ensure the Owner receives the full amount of the booking fees quoted to the Guest).
- The Owner does not accept cash under any circumstances.
- Any payments received from a Guest shall be deposited into a separate ‘Guest Bank Account’ which is operated by the Owner. Monies will be kept in this account until the earlier of:
- the day of the Booking;
- either the Guest or the Owner cancels the Booking; or
- an event under clause 5 arises.
- The Owner strongly recommends that holiday/travel insurance is taken out when making a booking even when payment is made in full to cover the cost of your Booking in the event of (i) cancellation for whatever reason and howsoever caused, and/or (ii) damage by any Guest/Holidaymaker to the Property.
8. Guests’ and Holidaymakers’ occupation, responsibilities and forfeiture
Arrival and departure
- The Property will usually be available to the Guest from 4.30pm on the first day of the booked letting period. All Guests and Holidaymakers, luggage, property, vehicles etc. must vacate the Property and associated land completely by 10.00 am on the last date of the letting period.If a Guest (or any Holidaymaker) fails to vacate the Property or associated land by this time, the Owner reserve the right to deduct an amount from the Security Deposit to cover the extra period of occupation and any extended or delayed cleaning arrangements caused by the such delay.
- All windows and doors of the Property must be checked and securely locked on departure and whenever the Property is vacant during the Guest’s letting period. Keys must be returned to the key safe and locked properly on departure. In the event that keys are not returned, then a charge will be deducted from the Security Deposit to cover locksmith costs for changing locks and replacing keys.
- Where there has been a security breach and/or break-in during your booked letting period you must notify the Owner immediately so that it can be investigated further and reported to the police (if necessary). You agree to provide your ongoing support and assistance to the Owner, any law enforcement body/agency (including the police) and our insurers where required.
Damage and breakages
- The Guest and/or Holidaymaker’s must report and pay to the Owner the cost of any damage or breakages made during their holiday occupancy. The Owner reserves the right to make a reasonable charge where guests have contravened the Owner’s request for their Property to be smoke-free. Such costs or charges shall be deducted from the Security Deposit but are not limited to the amount of the Security Deposit.
- The Guest will be responsible for any charge for linen or towels soiled or damaged as a result of products used or applied by the Guest (and any Holidaymaker), in particular make-up and fake tan or if any item is found to be missing from the Property. Deductions for such damage or loss will be made from the Security Deposit.
Laundry & Housekeeping
- Bed linen and towels are included in the price. If a party is staying for 14 days then guests will receive cleaning, fresh linen and towels on or around the end of the first week.
- Guests can request additional housekeeping services (using the Owner’s service provider) for an additional charge. Bookings for this service must be made prior to the start of the letting period and are subject to availability of the Owner’s service provider.
Amenities & utilities
- All prices quoted include electricity, gas and water and use of equipment and amenities located at the Property.
- The Owner will not be liable for any form of damages, compensation or expenses claimed by a Guest in respect of any internet services (Wi-Fi) not being available or failing during any stay. It is recommended that you have back up provisions such as mobile dongles. Where the internet (wi-Fi) is not working, please report it immediately to the Owner so that the matter can be investigated further and hopefully resolved during your stay.
Cleanliness and rubbish
- The Guest (and Holidaymakers) shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found.
- All waste must be removed, correctly bagged and placed in bins provided and any failure to remove and bag waste may incur a further charge, which shall be deducted from the Security Deposit.
- The Property will generally be available for check-in up to 8 pm. After 8 pm the Owner will need to make alternate arrangements for someone to provide you access to the Property which can result in additional costs. The Owner reserves the right to make a charge where a Guest arrives later than 8pm of £50.00 to cover such costs. The Owner accepts no liability if the Guest cannot access the Property where no advance notice of late arrival has been given.
Infants and toddlers
- The Owner does not provide cots, cribs or nappy changing facilities or amenities. Guests are strongly advised to bring their own equipment and amenities appropriate for the age and needs of such infant/toddler.
- Nappies must be disposed of appropriately and not left at the Property which could result in a deduction from the Security Deposit.
- Guests shall not permit the Property to be occupied by more than the maximum number of beds available at the Property (i.e 8 beds shall mean not more than 8 persons can occupy the Property; excluding infants who occupy a cot, crib or the same bed as their parent).
- The Guest must occupy the Property for the purposes of a holiday stay for themselves and not with any other person not named in the Booking unless otherwise agreed with the Owner.
Forfeiture of the Property
- Each of the Guest and the Holidaymakers’ right to occupy the Property may be forfeited by the Owner without compensation if:
- more people or pets than declared to the Owner at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation;
- overnight guests are accommodated without the Owner’s express permission;
- any activity is undertaken which is illegal, immoral or may cause unreasonable damage, noise, nuisance, annoyance, behaviour or disturbance; or
- any of the Holidaymakers smoke in or at the Property (please refer to clause 11 which sets out our smoking policy).
9. Cancellations, amendments and property availability
Cancellation by the Guest
- Subject always to clause 3, in the event of cancellation by the Guest, the Owner will keep the non-refundable Booking Deposit and the Guest shall remain liable for remaining balance of the Booking (at the Owner’s sole discretion). If the Owner is able to re-let the Property for the same period as the original Booking a refund (or partial refund where part of the Booking has been re-let) may be refunded to the Guest.
- All cancellations must be notified to the Owner in writing prior to the commencement of the holiday letting period.
- All Bookings are subject to a cooling-off period of 14 days from the date of making a reservation save in circumstances where the Booking commences within the 14 day cooling-off period. Where the Guest cancels a Booking within this period any monies paid to the Owner shall be refunded in full.
Cancellation by the Owner
- Where the Owner has cancelled a Booking the Guest will be refunded all monies paid to the Owner save in circumstances where:
- clause 5 applies; or
- where the Owner has had to request the Guest and/or any Holidaymaker vacate the Property due to non-compliance by any Guest or Holidaymaker with these terms and conditions.
Property becoming unavailable
- If for any reason:
- the Property becomes unavailable, for example because of flood, fire damage, act of God, act of war, terrorism or other similar circumstances; or
- the Owner is prevented from making the Property available to you due to any declared epidemic, pandemic or other government restrictions or public health measures which, without limitation, (i) restricts the letting of the Property, (ii) restricts the number of persons congregating together, or (iii) imposes travel restrictions of any kind upon the public,
then the Owner will notify you as soon as possible.
- In circumstances where clause 5 applies, the Owner shall, where reasonably practicable:
- try and provide alternative accommodation or travel dates (though this cannot be guaranteed); or
- provide a credit for future bookings; or
- at the Owners sole discretion, a full refund.
- The Owner shall not be liable for any costs, expenses or damages the Guest may incur (directly or indirectly) as a result of any cancellation or unavailability of the Property for the purposes of clause 5.
Amendments and transfers of Bookings
- If a Guest intends to change the date of their original Booking and at the same tariff, then, subject strictly to availability on alternative dates, an administration charge of £50.00 will apply to alter the terms of the Booking. This can only be offered at the sole discretion of the Owner. Should the tariff be higher, then any additional costs would be payable.
- Any Booking which is transferred to an alternative date will be treated as a new booking for the purpose of cancellations (except no grace cancellation period will apply to bookings transferred by the Guest under clause 3), with effect from the date we confirm to you in writing that the Booking has been transferred. The Guest terms and conditions communicated to you (and displayed on our website) on the date your transfer is confirmed will apply to the transferred booking.
- Bookings which the Owner is unable to transfer shall be deemed a cancellation and subject to the terms set out at clause 1 (save that no grace-period shall apply if the 14 day cooling-off period has expired).
- Bookings may only be transferred to the name of another person with the written consent of the Owner and providing always that the new incoming guest is aware of and agrees to these terms and conditions.
- Dogs (which shall also include a reference to such other domesticated pets) are only allowed at Property with the Owners prior knowledge and consent and in any event no more than three (3) dogs will be permitted during your stay.
- Where dogs are allowed, there is an additional charge of £50 for the first dog and £15 per dog thereafter, for each full or part week. You will be informed of the charges at the time of Booking.
- If you take a dog to the Property where the Owner had no prior knowledge and did not consent to the same, or you exceed the stated number/size of dog(s), the Owner has the right to refuse to allow Holidaymakers to enter or stay in the Property, and/or they may ask the Holidaymakers to leave the Property before the end of the holiday period.
- Registered assistance dogs are permitted at the Property provided that all Holidaymakers comply with the provisions in clause 7. You must notify us of the intended presence of any assistance dogs, with evidence of registration, prior to making a Booking.
- If any Holidaymaker has an allergy to dogs, please be aware that the Owner cannot guarantee that an assistance dog has not stayed in a particular Property. The Owner cannot accept responsibility for any suffering which may occur as a result of such animals having been present at the Property.
- Young dogs (e.g. puppies less than 12 months old) must be declared to the Owner at the time of Booking and authorised by the Owner. If a young dog is taken to a Property without the consent of the Owner this could result in the Guest being asked to leave without compensation. When booking online it is advised you check the acceptance of your pet by telephoning the Owner.
- The following dog terms apply:
- dogs must be under strict control at all times while in or at the Property;
- any fouling must be cleared up and disposed of appropriately without delay. Fouling inside the Property will result in a deduction from the Security Deposit to attend to professional cleaning costs;
- the dog owner must bring the dog’s bed or basket for sleeping in;
- dogs must not be left alone in or at the Property or elsewhere at any time;
- dogs must not lie on beds or furnishings, and hair must be cleared up before departing;
- dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur additional charges;
- the Guest will be liable for any damage caused by any Holidaymakers’ dogs. Any damage is to be reported to the Owner immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner’s discretion;
- certain breeds of dog will not be permitted at the Property under any circumstance. Please check with the Owner as to the types of breeds which are not acceptable.
- If you break the terms this clause 10, the Owner may notify you that you have broken these terms and may cancel this Booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that the Guest pay an additional reasonable charge.
- Pets other than dogs may be allowed at the Owner’s sole discretion and which case the terms of this clause 10 shall apply together with such other terms the Owner deems necessary for the type of pet a Holidaymaker proposes to bring to the Property.
- The Owner makes no warranty or representation that the Property is appropriate for pets and as such will not be held liable for the death, injury or loss of any pet howsoever arising.
- The Property is subject to a strict no-smoking policy. If there is found to be any damage or inconvenience caused to the Property or its contents by smoke or burns the Guest will be responsible for covering any costs associated with rectifying this. These costs will be deducted from the Security Deposit. Smoking is only permitted outside of the Property, away from open doors and windows, on condition that all cigarette or cigar butts and ashes are cleared up and disposed of by the Guest and Holidaymakers before departure. If there is a smell of smoke inside the property the Guest will be charged for any additional cleaning time required to rectify this (such costs will be deducted from the Security Deposit).
- In circumstances where parking is available at the Property, then all vehicles are parked at the Guest’s or Holidaymaker’s own risk and the Owner shall not be liable for any damage to vehicles, theft of personal items stored in such vehicles, or parking fines.
13. Lost, forgotten and forfeited items
- If a Guest or Holidaymaker happens to leave any personal items inside the Property please notify the Owner as soon as possible. If items are then subsequently found/retrieved the Owner will contact you to make arrangements for their return (at the expense of the Guest).
- Any items found at the Property which have not been notified to us or claimed by the Guest within 7 days of the Booking may be disposed of.
- All perishable food and drink left at the property at the expiration of the Booking shall be deemed forfeited by the Holidaymakers and will automatically be disposed of by the Owner.
14. Owner’s access to and repossession of the Property
- The Owner or their representative shall be allowed access to the Property at any reasonable time during any holiday occupancy for whatever reason.
- The Owner shall have the right to repossess the Property, and without compensation to the Guest or any Holidaymaker, where, in the opinion of the Owner, a Guests or any Holidaymaker is not deemed suitable to continue occupation of the Property due to (i) a breach of these terms and conditions, or (ii) because of the Guest’s/Holidaymaker’s behaviour or damage to the property or nuisance to other persons. In such circumstances your Booking may be terminated without notice and the Owner will be entitled to repossess the Property immediately without any compensation to the Guest or any Holidaymaker whatsoever.
15. VAT and IPT
- All prices quoted include VAT where applicable at current rates.
16. Complaints procedure
- In the event of there being cause for complaint concerning a Property, the matter shall be taken up with the Owner at once (details are supplied on the booking confirmation and the Owner understands that they are the first point of contact should there be cause for complaint). It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required.
- In no circumstances will compensation be considered for complaints:
- when the Guest had raised a complaint after the holiday has ended;
- when the Guest or Holidaymakers have denied the Owner (or the Owner’s representative or caretaker) the opportunity of investigating the complaint or inspecting the Property in order to remedy matters during the holiday;
- when any Guest or Holidaymaker has been in breach of this agreement;
- where there has been damage to the property howsoever caused by the Guest or Holidaymaker; and/or
- where there are any outstanding monies owing by the Guest to the Owner in respect of a Booking.
- The Owner has compiled the information in its brochures and on its Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside the Owner’s control, in which case the Owner cannot accept responsibility.
The Owner makes every effort to ensure that the Property details supplied to the Guest are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Guest and the Holidaymakers accept that minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. The Owner cannot accept responsibility should the Property not conform to the Guest or Holidaymaker’s standards. If a facility is particularly important to you, please check with the Owner prior to your making your booking.
18. Communication with you and data
- The Owner shall have no liability whatsoever to the Guest (or any Holidaymaker) of any kind and for any amount other than:
- for death or personal injury of a Guest or Holidaymaker caused by the Owner’s negligence; or
- for fraud or fraudulent misrepresentation.
- Without limiting clause 1, the Owner will not be liable for any act, neglect or default on the part of the Owner or any other person not within their employ or otherwise under their control for any accident, damage, loss, injury, expense or inconvenience whether to personal property which the Guest, a Holidaymaker or any other person may suffer or incur arising out of or in any way connected with the occupation of the Property unless the Owner has been negligent (such as by failing to use reasonable care and skill). In addition, the Owner accepts no liability for loss or damage to Guests’ possessions at the Property.
20. Amendments to these Terms & Conditions
- These terms and conditions will apply to all confirmed bookings and supersede all previous editions of the same. The Owner reserves the right to amend these terms and conditions at any time prior to confirming any booking.
If a court finds any part of your booking contract (including these terms and conditions) illegal, the rest will continue in force. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect
- No one other than the Owner and the Guest has any right to enforce any term of this contract.
- Any dispute, claim or other matter which may arise in relation to a Booking will be governed by English law and each of the Owner and the Guest irrevocably agrees that any dispute will be dealt with exclusively by the courts of England and Wales.