Mevagissey Holiday Cottages - Booking terms and conditions.

 

1. General

1.1 Mevagissey Holiday Cottages is the trading name of Mevagissey Telecottage, 14 Church St, Mevagissey, Cornwall PL26 6SP.
1.2 Customers renting property through Mevagissey Holiday Cottages are referred to as ‘the Guest’.
1.3 Mevagissey Holiday Cottages act as agent for the owners of the property (hereafter referred to as ‘the Owners’ or ‘the Owner’). The rental arrangements are made by Mevagissey Holiday Cottages, on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
1.4 Mevagissey Holiday Cottages will, on request, provide the name and address of the Owners of any property which the Guest has booked.

2. Duration and Times of Rental

2.1 Rentals are for a maximum of four weeks and commence at 3.00 pm on the first day of the rental and end at 10.00 am on the day of departure unless otherwise notified. This period is hereafter referred to as ‘the Holiday’.
2.2 The period booked will be stated on the Booking Confirmation provided to the Guest when they book and cannot be exceeded unless Mevagissey Holiday Cottages give written approval. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension.

3. Deposit

3.1 If a booking is made six weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
3.2 If a booking is made less than six weeks before the Holiday is due to start, the full rent, plus any additional charges, must be paid at the time of booking.
3.3 Should Mevagissey Holiday Cottages not accept or reject a booking request, the rent and any additional charges paid by the Guest will be refunded immediately.

4. Final Payment

4.1 Unless otherwise agreed by Mevagissey Holiday Cottages in writing, the price for the Holiday shall be the rent for the property as set out in the Mevagissey Holiday Cottages Brochure (‘the Brochure’) at the time of the booking.
4.2 Subject to condition 6, as soon as the booking is received and accepted by Mevagissey Holiday Cottages, the Guest is liable for payment of the balance of the rent, along with any additional charges.
4.3 Payment of the rent and additional charges are payable to Mevagissey Holiday Cottages six weeks before the start of the Holiday (‘the Due Date’) and non-payment by the Due Date may be treated as a cancellation.
4.4 If payment is not received by the Due Date, then the Guest will lose their booking and the deposit will be forfeit.
4.5 Mevagissey Holiday Cottages do not and shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.

5. Changing a Booking

5.1 Once a booking has been accepted by Mevagissey Holiday Cottages, the booking can only be changed to another property by treating the original booking as a cancellation (see condition 6).
5.2 The dates of the Holiday may be changed providing the property is available for the new dates and the Owners accept the change. The rent for the new dates may differ from the original booking - any difference will be confirmed at the time of  the change of booking.

6. Cancellation

6.1 A booking can only be cancelled prior to the start of the Holiday.

6.2 We strongly recommend that all guests take out Holiday Insurance, and we send out details of the Guest First Holiday Insurance with the Booking Confirmation.

6.3 In the event that a cancellation is made, then a cancellation charge is payable depending on the number of days before the Holiday start date the Cancellation Notice is received by Mevagissey Holiday Cottages. The amount payable is set out below:

Number of days before holiday start date that notification is received Cancellation Charge (as a percentage of the total cost of the holiday)
 
0 - 42 days 100%
42 days or more Deposit

6.4 In the event of a cancellation, we will strive to re-book the property. If we are successful, we will refund the rent paid by the original Guest, less an administration charge of £25.

7. Optional Extras

Where the property being rented has optional extras, they are listed on the Web site and will be charged at the rates shown.

8. Price Changes

8.1 Mevagissey Holiday Cottages reserves the right to amend prices quoted on the Web site due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
8.2 Subject to condition 22, any changes in the rate of VAT will be borne by the Guest.

9. Method of Payment

Payments may be made by cheque, credit card, debit card, electronic bank transfer, postal order or cash. Cheques or postal orders should be made payable to ‘Mevagissey Holiday Cottages ’ and can only be accepted up to two weeks prior to the holiday. Cash should always be sent by recorded delivery post. Post-dated cheques are not acceptable. Any charges raised against Mevagissey Holiday Cottages by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse Mevagissey Holiday Cottages within seven days of receipt of notification from Mevagissey Holiday Cottages. All payments by credit card will attract a surcharge of 3% of the transaction value. There is no charge payments by debit card.

10. Overseas Bookings

Overseas Guests may pay in Sterling by cheque drawn on a UK bank, Mastercard, Visa, Maestro or by international electronic transfer. Any charges for payments from overseas will be passed on to the Guest.

11. Eligibility

Bookings will not be accepted from:

  1. groups of single people under the age of 25.
  2. all male or all female parties of more than three people.

12. The Holiday

The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).

13. The Guest's Obligations

The Guest agrees:

  1. to pay for all gas, electricity, fuel and telephone charges incurred during the Holiday unless included in the rent;
  2. to pay for any losses or damages to the property caused by the Guest or a member of their party (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Owners;
  3. to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. A cleaning service is not provided during the Holiday unless otherwise specified. Should the Owner be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a booking from that Guest again. If a Guest is excluded from two or more properties by different Owners, then Mevagissey Holiday Cottages have the right to refuse any more bookings from that Guest, at any other property;
  4. to permit the Owners and Mevagissey Holiday Cottages reasonable access to the property;
  5. not to part with possession of the property, or share it, except with members of the party shown on the Booking Form;
  6. not to sell or transfer the booking to another party without Mevagissey Holiday Cottages’ agreement;
  7. not to exceed the total number of people stipulated in the property description – a cot may only be occupied by a child aged 24 months or less;
  8. not to cause an annoyance or become a nuisance to occupants of adjoining premises.

14. Security Deposit

The Owner will be entitled to retain part or all of the security deposit if deemed necessary as a result of a property being left in a dirty condition upon the customers departure, or if breakages/damage has occured. Under normal circumstances the security deposit will be returned by post to the Guest within 10 days of departure.

15. Non-availability of Property

If for any reason beyond the Owners’ control the property is not available on the date booked (owing, for example, to fire damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the Guest will be refunded.

16. Liability

16.1 Mevagissey Holiday Cottages will not be liable for any act, neglect or default on the part of the Owners or any other person not within their employ or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the rental unless Mevagissey Holiday Cottages are responsible. In addition, the Owners and Mevagissey Holiday Cottages accept no liability for loss of or damage to the Guest’s possessions on the Owners’ property or land.
16.2 Nothing in these conditions excludes or limits the liability of Mevagissey Holiday Cottages or the Owners:

  1. for death or personal injury caused by Mevagissey Holiday Cottages’ or the Owners’ negligence;
  2. for any matter which it would be illegal for Mevagissey Holiday Cottages or the Owners to exclude or attempt to exclude their liability.

17. Web site Descriptions

Some of the information on this Web site relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside Mevagissey Holiday Cottages’ control. If Mevagissey Holiday Cottages is aware of any material changes to the Web site at the time of the Guest’s booking, then they shall endeavour to inform the Guest of these changes.

18. Complaints

8.1 All complaints must be notified to Mevagissey Holiday Cottages as soon as reasonably practicable, as Mevagissey Holiday Cottages may be required to carry out an on-the-spot investigation and if necessary, request the Owner to take remedial action.
18.2 If Mevagissey Holiday Cottages or the Owners are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, then this may result in a reasonable reduction of any compensation which may be payable to the Guest arising out of such a complaint.

19. Pets

19.1 Pets are only permitted with the prior consent of Mevagissey Holiday Cottages or the Owners and where pets are permitted, they are to be kept under control and exercised off the premises.
19.2 Pets are not permitted in the bedrooms or on the furniture and neither Mevagissey Holiday Cottages nor the Owners can accept responsibility for their safety. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. A weekly charge will be made for each pet.
19.3 Where the description of a property states ‘regret no pets’ or otherwise restricts the keeping of pets at the property, Mevagissey Holiday Cottages or the Owners cannot guarantee that there have been no pets previously kept at the property.

20. Inventory

Where an inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of arrival, otherwise the inventory will be deemed to be correct.

21. Linen

A change of linen is provided between Holidays and weekly during Holidays. Towels are not always provided and Guests should bring their own unless otherwise notified.

22. VAT

Many of the Owners of properties on the Mevagissey Holiday Cottages Web site are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the weekly rent.

23. Breach of Contract

23.1 If there is a breach of any of these conditions by the Guest or any of their party, the Owners or Mevagissey Holiday Cottages reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
23.2 If there is a breach of any of these conditions by Mevagissey Holiday Cottages or the Owners, then the Guests have the right to end the Holiday and leave.
23.3 Ending the Holiday by either Mevagissey Holiday Cottages, the Owner or the Guest does not affect that party’s other rights and remedies.

24. Governing Law and Jurisdiction

Any dispute will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts.

25. Authority to Sign

The person who completes the Booking Form certifies that:

  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 added at a later date;
  2. the signatory is over eighteen years of age and a member of the party intending to occupy the property;
  3. agrees to take responsibility for the party occupying the property.

26. Discrepancies

In case of a discrepancy between these Booking Conditions and any other contents of a Mevagissey Holiday Cottages Web site, these Conditions shall prevail, but this shall not limit Mevagissey Holiday Cottages’ liability for failure to supply the accommodation as described on the Web site.

27. Previous Web sites

This Web site and these Booking Conditions replace and supersede all previous Web sites and Booking Conditions.

28. Validity Clause

In the event that a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Booking Conditions, which will continue to be valid and have full force and effect.