THE CORNISH WAY BOOKING CONDITIONS
THE CORNISH WAY LTD
BOOKING TERMS AND CONDITIONS
These Terms and Conditions (these “Terms”) apply to lettings of holiday accommodation by The Cornish Way Ltd a company registered in England and Wales with company number 13367360 whose registered office is at 11 Alverton Terrace, Penzance, England, TR18 4JH (the “Agency”). The Agency’s VAT number is 341 9084 04
The Agency acts as an agent for the Owner and the Customer (all as defined below) contracts directly with the Owner. The Agency does not own the Property and does not form booking contracts with Customers.
If you book the Property through the Website (all as defined below), these Terms shall form the basis of the Customer’s contract with the Owner so please read them carefully before making a booking. If you book the Property through a third-party platform (such as the websites operated by Airbnb Inc. and HomeAway.com, Inc.) separate booking terms shall apply to the contract you form with the Owner.
The Agency may amend these Terms from time to time as set out in clause 15. Every time a Customer submits a Booking Request, it must check these Terms to ensure it understand the Terms which will apply at that time. These Terms were most recently updated on 23 September 2021.
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation apply in these Terms:
“Booking Confirmation” the confirmation of booking provided by email to the Customer when a booking has been accepted;
“Booking Deposit” the deposit payable to secure a booking which shall be:
a) if the Booking Request is submitted more than 6 weeks prior to the Start Date, 25% of the Rental Charges; or
b) if the Booking Request is submitted less than 6 weeks prior to the Start Date, 100% of the Rental Charges.
“Booking Request” the accommodation booking request completed by, or on behalf of, the Customer;
“Customer” the person who submits the Booking Request;
“End Date” the last day of the Rental Period as set out in the Booking Confirmation;
“Event Outside Control” any act or event beyond the Agency’s or Owner’s reasonable control, including, without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.
“Guests” the people that occupy the Property subject to these Terms;
“Owner” the owner(s) of the Property.
“Property” the house (and garden, if any) identified in the Booking Request together with the fixtures, furniture and effects;
“Rental Charges” the rental charges specified in the Booking Confirmation (excluding the Security Deposit);
“Rental Period” the rental period specified in the Booking Confirmation;
“Security Deposit” the sum payable by the Customer in respect of possible damage to the Property;
“Start Date” the first day of the Rental Period as set out in the Booking Confirmation;
“Website” The Agency’s website currently located at www.thecornishway.co.uk together with such other websites which may be developed by the Agency from time to time.
2. THE PROPERTY
2.1 The Property is as described on the Website from time to time. The Customer agrees that the Agency’s employees and agents are not authorised to make any contractually binding representations concerning the Property. The Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
2.2 The images and descriptions of the Property on the Website and in advertising materials are for illustrative purposes only. The Agency makes every effort to describe the Property as accurately as possible, and to keep information up-to-date. The Property may vary slightly from the images and descriptions on the Website and in advertising materials.
3. BOOKING AND PAYMENT OF BOOKING DEPOSIT
3.1 The Agency acts as an agent for the Owner and arranges bookings of the Property on behalf of the Owner. The Customer acknowledges and agrees that it shall form a booking contract direct with the Owner.
3.2 The Customer agrees;
a) to pay the Booking Deposit to the Agency at the same time as it submits the Booking Request;
b) that it is one of the Guests staying at the Property;
c) that it is at least 21 years old; and
d) to ensure that all Guests are aware of, and comply with, these Terms.
3.3 Unless otherwise agreed in writing, the Property shall not be let to groups of three or more people of the same sex (such as stag or hen parties) as this may cause annoyance to occupiers of any adjoining property and may result in damage to the Property. The Agency shall not accept any bookings (acting on the Owner’s behalf) which relate to stag and hen parties and the Customer agrees not to submit any Booking Requests which relate to stag and hen parties.
3.4 The submission of a Booking Request and payment of the Booking Deposit is an offer to let the Property on the requested dates. A booking is provisional until the Booking Deposit has been paid in full, in cleared funds and the Agency has issued a Booking Confirmation (acting on the Owner’s behalf).
3.5 If the Property is available on the requested dates and the Booking Deposit has been paid, the Agency (acting on the Owner’s behalf) will issue a Booking Confirmation to the Customer. At this point, a binding contract, incorporating these Terms, will come into existence.
3.6 The Agency strongly recommends that the Customer and Guests take out comprehensive holiday and travel insurance. Insurance should cover all risks including cancellation, accident, breakdown, loss or damage to personal property.
4. PAYMENT OF RENTAL CHARGES
4.1 The Booking Deposit and Rental Charges are inclusive of VAT.
4.2 The Customer must pay the balance of the Rental Charges due to the Agency at least 6 weeks before the Start Date.
4.3 If the Customer has not paid the balance of the Rental Charges by the date specified in clause 4.2, the Agency may deem the Customer to have cancelled the booking in accordance with clause 6.
4.4 The Agency will endeavour to check the Rental Charges displayed on the Website before issuing a Booking Confirmation. If the correct Rental Charges are higher than the Rental Charges set out on the Website and a Booking Confirmation has been issued, the Agency will contact the Customer and request the correct Rental Charges. If the Customer does not agree to the correct Rental Charges, it may cancel the contract and all payments will be refunded by the Agency to the Customer.
4.5 A non-refundable booking fee of £36.00 including VAT will be applied to each confirmed booking
5. SECURITY DEPOSIT
5.1 The Customer shall pay the Security Deposit to the Agency no later than the date on which the balance of the Rental Charges is to be paid to the Agency in accordance with clause 4.2.
5.2 The Security Deposit will be applied against any cost incurred in relation to:
a) remedying any loss, breakages or damage to the Property, fixtures, fittings and effects at the Property caused by the Customer, any Guests or, where applicable, any pets;
b) removing any rubbish left by the Customer or the Guests at the Property; and
c) performing any additional cleaning at the Property which is required due to the Customer’s, or Guest’s, failure to leave the Property in a clean and tidy condition on the End Date.
5.3 In the event that any of the costs identified at clause 5.2 exceed the Security Deposit, the Agency shall submit to the Customer an invoice (together with such supporting evidence as may be reasonably required) for any additional costs and the Customer agrees to pay such invoice within 14 days of the date of the invoice.
5.4 Unless confirmed otherwise in writing by the Agency, the Security Deposit will be returned to the Customer within 14 days after the End Date less any deductions made in accordance with clause 5.2.
6. CANCELLATION BY THE CUSTOMER
6.1 The Customer shall notify the Agency in writing if it intends to cancel the booking.
6.2 If the Customer cancels the booking by giving more than 8 weeks’ notice before the Start Date, the Agency shall endeavour to re-let the Property during the Rental Period. If the Agency is able to re-let the Property during the cancelled Rental Period, it shall use reasonable endeavours to arrange suitable alternative booking dates for the Customer at the Property and apply the Booking Deposit against those alternative booking dates.
7. CANCELLATIONS BY THE AGENCY
7.1 The Agency shall notify the Customer in writing if it has to cancel the booking.
7.2 If the Agency cancels the booking, the Agency shall use reasonable endeavours to arrange suitable alternative booking dates with the Customer and apply the Booking Deposit and any Rental Charges paid against those alternatives booking dates. If the Property is not available on the alternative booking dates, the Agency shall use reasonable endeavours to book a substitute property for the alternative booking dates.
7.3 The Agency shall issue a replacement booking confirmation to the Customer in the event that the booking dates or property is changed in accordance with clause 7.2.
8. RENTAL PERIOD
8.1 Unless otherwise agreed in writing by the Agency, the Rental Period commences at 5:00pm on the Start Date and ends at 09:00am on the End Date.
8.2 The Customer may collect the keys at any time after the Rental Period has commenced in accordance with clause 8.1.
8.3 The Rental Period cannot be exceeded for any reason without the Agency’s prior written consent. The Customer agrees that it is responsible for any additional costs and charges incurred due to an unauthorised extension. For the avoidance of doubt, if the Customer, or any Guests, become sick or unwell during the Rental Period the Customer shall ensure that the Customer and the Guests vacates the Property at the end of the Rental Period unless the sickness is related to COVID19 (in which case clause 10.1k) shall apply).
9. OWNER’S OBLIGATIONS DURING THE RENTAL PERIOD
9.1 Subject to clause 10.1g) and 10.1h), the Owner agrees that the Customer may occupy and enjoy the Property during the Rental Period without any interruption from the Owner, Agency or any person claiming under, or in trust for, the Owner.
9.2 The Agency (acting on the Owner’s behalf), shall provide adequate bed linen and towels at the Property at the start of the Rental Period.
10. CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD
10.1 The Customer shall:
a) use the Property (including the Owner’s fixtures and fittings) in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times;
b) be responsible for all loss, breakage or damage caused to the Property (including the Owner’s fixtures and fittings) resulting from any breach of the obligations set out in these Terms or any improper use by or negligence of the Customer, Guest or any other person at the Property with the Customer’s permission. The Customer agrees that the cost of any damage to the Property may be deducted from the Security Deposit;
c) notify the Agency immediately in respect of any loss, breakage or damage to the Property (including the Owner’s fixtures and fittings);
d) keep the Property and the fixtures, furniture and effects at the Property clean and in the same condition as at the commencement of the Rental Period (fair wear and tear excepted) and shall be responsible for paying for any replacement items (by way of deduction from the Security Deposit);
e) at all times keep the keys to the Property safe and in the Customer’s possession;
f) place all refuse in the receptacles provided for the Property by the Agency, Owner or any other competent authority;
g) allow the Agency, Owner and/or its agent or anyone with the Agency’s or Owner’s written authority (such as workmen) to enter the Property at reasonable times of the day to inspect its condition and to carry out any necessary repairs provided the Agency has given reasonable notice (with regard to the work to be undertaken). The Customer shall not interfere with or obstruct any such persons and may be required to vacate the Property during the inspection or repair period;
h) in cases of emergency, allow the Agency, or anyone with the Agency’s authority, to enter the Property at any time and without notice;
i) use the Property as a private holiday residence for the maximum number of people stated on the Booking Confirmation and ensure that the persons named on the Booking Confirmation are the only persons entitled to occupy the Property;
j) at the end of the Rental Period, remove the Customer’s belongings and refuse from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation. In the event that the Property is not left clean and tidy, the Customer agrees that the Agency may deduct a reasonable fee for cleaning from the Security Deposit; and
k) notify the Agency immediately in the event that the Customer, or any Guest, tests positive for COVID19 and immediately vacate the Property;
10.2 The Customer shall not:
a) do anything on the Property which may be a nuisance to, or cause damage or annoyance to, the Agency, Owner or the tenants or occupiers of any adjoining property;
b) allow any visitors to the Property after 10pm;
c) play any music system or other device at the Property after 10pm;
d) use the Property for any commercial or business purposes;
e) use the Property for any illegal or immoral purposes;
f) keep any pets in the Property without first obtaining the Agency’s written consent (which will be confirmed in the Booking Confirmation);
g) smoke cigarettes, e-cigarettes or vapour cigarettes at the Property;
h) light any fireworks at the Property;
i) transfer, assign or sublet the Property or any part of the Property and shall not part with possession or share occupation of the Property or any part of it; or
j) alter, add to or interfere with the appearance, structure, exterior or interior of the Property or the arrangement of the fixtures, furniture and effects belonging to the Owner.
11. PARKING
11.1 If confirmed in the Booking Confirmation, the Agency may offer car parking spaces to the Customer.
11.2 The Customer agrees that it shall only park in the parking bay allocated to it by the Agency and at all times ensure that its vehicle is parked within the defined markings of the allocated parking bay.
12. PETS
12.1 The description of each Property on the Website will clearly confirm whether any pets are permitted in the Property.
12.2 The Customer acknowledges and agrees that pets may have previously occupied the Property and that the Owner shall not be responsible for any allergy caused by pets.
12.3 If pets are permitted at a Property, the Customer agrees:
a) to not exceed the number of pets of the type stated on the Booking Confirmation;
b) to not leave pets unattended in the Property at any time;
c) to not allow pets in the communal area’ to the Property, unless they are on a lead;
d) to keep pets off any furniture, chairs, sofas or beds;
e) to ensure that the pets are cleaned and dried prior to entering the Property (to ensure that any excessive sand or mud is removed);
f) to ensure that pets are not nuisance to, or cause annoyance to, the Agency, Owner or the tenants or occupiers of any adjoining property;
g) to pick up after pets after soiling at all times. The Customer agrees to pay an additional cleaning charge for failing to comply with this clause 12.3g) which the Agency may settle by way of a deduction from the Security Deposit.
13. TERMINATION
If there has been a substantial breach of any of the Customer’s obligations, the Owner (or the Agency acting on the Owner’s behalf) may terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property. The Owner shall not be liable for any losses incurred by the Customer as a result of the Owner terminating due to the Customer’s substantial breach of its obligations. The other rights and remedies of the Agency and Owner will remain in force.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms limits or excludes the Owner’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation.
14.2 If the Owner fails to comply with these Terms, the Owner is responsible for losses which are a foreseeable result of its breach of these Terms or its negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
14.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 The Agency issues Booking Confirmations, and forms contracts, on behalf of the Owner. The Customer acknowledges and agrees that the Agency accepts no responsibility for any acts or omissions of the Owner.
15. CHANGES TO THESE TERMS
15.1 The Agency may revise these Terms from time to time if it changes the way it lets the Property or if there are changes in any relevant laws and regulatory requirements.
15.2 When the Customer submits a Booking Request to the Agency, the Terms in force at that time will be incorporated into the contract the Customer forms with the Owner.
15.3 If the Agency revises these Terms in accordance with this clause 15, it will give notice to Customers by stating that these terms have been amended on the Website and including the date of the amendment in these Terms.
16. COMPLAINTS
16.1 If the Customer has any compliant about the Property, it must contact the Agency immediately by email or telephone on 01736 279 500 or in writing to The Cornish Way Ltd The Old Dairy, Old Boswednan Barns, Tremethick Cross, Penzance, TR20 8UA. Save for cases of emergency, the Customer agrees to provide the Agency with written reasons for the complaint to allow the Agency to investigate the complaint further.
16.2 The Customer agrees to raise complaints during the Rental Period to allow the Agency to investigate the complaint and arrange for any necessary remedial action to be made.
17. COMMUNICATIONS
17.1 The Agency may contact the Customer by telephone or by writing to the email address or postal address set out on the Booking Request.
17.2 The Customer may contact the Agency by telephone or in writing to the email address or postal address set out in the Booking Confirmation.
18. PERSONAL INFORMATION
18.1 The Owner shall collect the salutation, name (first name and surname) of the Customer and the Guests (“Contact Data”).
18.2 The Owner shall process the Contact Data for the purpose of fulfilling the booking contract with the Customer and permitting the Customer and Guests to occupy the Property. The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.
18.3 The Customer agrees that the Owner shall share the Contact Data with the Agency for the purpose of completing the booking and permitting the Customer and Guests to occupy the Property.
19. EVENTS OUTSIDE OUR CONTROL
19.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations in these Terms that is caused by an Event Outside Control.
19.2 If an Event Outside Control takes place that affects the availability of the Property on the reserved dates set out in the Booking Confirmation:
a) the Customer will be contacted by the Agency as soon as reasonably possible; and
b) the Owner’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Agency and Owner will use reasonable endeavours to arrange suitable alternative dates (within 12 months of the Start Date and subject to availability and any seasonal price differences) or if legally required to by statutory obligation the owner will allow the Customer the option to cancel the contract and payments will be refunded to the Customer.
20. GENERAL
20.1 Any obligation on the Customer in these Terms not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
20.2 The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999, other than by the Agency.
20.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.4 An obligation in these Terms to pay money includes an obligation to pay Value Added Tax in respect of that payment.
20.5 These Terms entitle the Customer to occupy the Property for the purpose of a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988.
20.6 Under section 48 of the Landlord and Tenant Act 1987 the Customer is hereby notified that notices (including notices in proceedings) must be served on the Owner by the Customer at the following address:
c/o The Cornish Way Ltd
11 Alverton Terrace
Penzance
TR18 4JH
20.7 This contract between the Owner and the Customer shall be governed by the law of England and Wales. The Owner and the Customer agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this contract.