Chris Churm / 4 Star Cornwall (we/us) act as booking agents on behalf of the owners of accommodation let for holidays (the owners), to customers (you). We make booking contracts between you, and the owner of the property. Our fee for making bookings and for providing information and advice to you is included in the price for the holiday. We will use our reasonable endeavours to resolve any problems that arise but any dispute relating to the holiday itself will be a matter directly between you and the owner.
Your booking, which must be on our Booking Form or via our website and sent to us with a deposit of one-third of the total price, will only be effective when confirmed by us in writing. The balance, together with a Cautionary Deposit of 100 or such other sum as is applicable (see Condition 3 below), must be received by us (as agents for the owner) not later than six weeks before the beginning of your holiday. In the event of cancellation, subject to condition 11, you will be liable for the whole quoted price for the period booked. VAT is included in the price quoted. If there is a change in the VAT rate, the quoted price may have to be adjusted accordingly.
2. Occupying the Property
2.1 Properties are, unless otherwise stated in the properties description, available for occupation between 3pm and 4pm on the first day of your holiday and must be vacated by 10am on the last day. The licence from the owner shall permit you and the members of your party as named on the booking form only to occupy the property. For the avoidance of doubt you may invite friends over to visit but the number of people in the property must at no time exceed the amount of people we have stated the property sleeps in the brochure, unless you have the owners prior consent. No-one other than those on the Booking Confirmation form may sleep at the property. Failure to observe these rules is a serious breach of these Terms and Business (see Condition 8). You may not sub-let the property.
2.2 You must use the property responsibly and comply with any reasonable rules laid down by the owner. If the owner does not communicate any such rules to you, you must assume that normal rules (such as consideration for neighbours) apply. The owner reserves the right to enter the property at any reasonable time provided reasonable notice is given to you.
2.3 You must inform us on the booking form or subsequently in writing of the names, nationality (if not British or Irish) and the ages of all the people who will occupy the property during your stay. Failure to do so may invalidate the owners insurance and will be a serious breach of these Terms of Business (see condition 8).
3. Cautionary Deposit
3.1 You must keep the property clean and in good order and you will be responsible for any breakages. The owner shall be entitled to deduct from the Cautionary Deposit the cost of remedying any breach of these obligations together with the cost of any service or goods provided. The amount of the Cautionary Deposit is normally 100, however a larger deposit may be required and will be stated at the end of the property description.
3.2 We accept the Cautionary Deposit as agent for the owners and therefore we cannot act on your behalf in any dispute between the owner and yourself concerning it. Such disputes should be settled directly with the owner.
3.3 The whole amount or the balance after any deduction (as set out in Condition 3.1) of the Cautionary Deposit will be refunded to you promptly following the end of the letting. We normally send a post-dated cheque with your booking confirmation. If you do not cash this cheque (or ask us to re-issue it) or otherwise reclaim your deposit within twelve months of the end of your holiday we will have the right to cancel the cheque and levy a fee to cover the costs of permanently removing this liability from our accounting systems. The fee will be equal to the outstanding value of the Cautionary Deposit and as a result your right to claim this deposit back will be lost.
4. Descriptions of Properties and Changes
4.1 We have inspected all the properties and used reasonable endeavours to ensure the information in our brochure is true and accurate. We do not accept any liability for errors contained in the brochure or for any misrepresentation based on information provided by the owner. In any event, you acknowledge that minor differences may arise between our photographs, illustrations and descriptions of a particular property and the actual property.
4.2 Although we inspect properties and take seriously any complaints we receive from customers, we do not accept any liability for the failure of the owner to keep the property and its contents in good condition. The owner is ultimately responsible for resolving any difficulties which you may experience with the property you have booked.
5. Difficulties and Maintenance
If you have any difficulties with a property, require maintenance, or have any complaints, you should notify the owner in the first instance. Owners will only investigate complaints which are notified to them promptly and before the end of your holiday. If you experience difficulties and are unable to contact the owner or their representative you should contact us.
6. Unavailability of Your Property
The owner may cancel bookings made if the property becomes unavailable for reasons beyond the owners reasonable control, including without limitation: flooding; fire; significant damage to the property; or failure of utility services to the property. We will try to find you an appropriate alternative property or, at your option, we will refund to you any sums you have paid. Neither we nor the owner shall have any other liability to you.
7. Our Liability to You
7.1 We will not be liable for any loss or damage suffered by you or any member of your party or to your or their property, except where such loss or damage is due to our negligence. If we are negligent our liability to you will be limited to the loss or damage which was a foreseeable result of such negligence. Except in the case of death or personal injury resulting from our negligence, our total liability to you in respect of any breach of these Terms of Business or tort or other act or omission by us in connection with this contract shall be limited in aggregate to the price agreed to be paid by you for the right to use the property for the period agreed.
7.2 Where you are a customer acting in the course of a business, this Condition 7.2 shall apply instead of Condition 7.1. We do not accept liability to customers acting in the course of a business for losses of profits, business, contracts, goodwill, anticipated savings, expenses, consequential losses or other similar losses, for any reason whatsoever. To the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of our liability to business customers, whether in contract, tort, negligence, breach of statutory duty or otherwise shall be the price agreed to be paid by you for the right to use the property for the period agreed.
7.3 You acknowledge that the choice of the property is ultimately your responsibility.
8. Breaches of these Terms of Business
If you commit a serious breach of these Terms of Business the owner or his agent will have the right to terminate your booking and if you are already at the property the owner may require you to vacate it immediately. A serious breach of these Terms of Business includes, without limitation, failure to comply with rules of the house or health and safety advice or circumstances where your behaviour, or that of your guests or pets, is likely to have a significant adverse effect upon those staying or living nearby the property. In the event of you committing a serious breach of these Terms of Business no refund of the fees you have paid will be returnable to you.
9. Changing Dates
Once dates of a booking have been confirmed in writing to you, they can only be changed with the owners agreement. Where the owner agrees to a change in the dates of your holiday we reserve the right to make an administration charge.
10.1 If you are unable to occupy the property you should inform us immediately of your wish to cancel the booking. Our cancellation terms may offer a full refund of any money you have paid provided the reasons for you cancelling are covered by our cancellation terms (see condition 11).
11. Cancellation Terms
11.1 For the purposes of this clause 11, the following words have the following meanings:
• "you/your" means the person to whom the Trelowthas 4 Star Cornwall booking confirmation is addressed and each person named on that booking confirmation;
• relative" means any person closely connected to you by blood or marriage and includes a partner with whom you are living at the same address.
11.2 Subject to the conditions set out in 11.3 we will reimburse you in respect of all monies paid or contracted to be paid for the property you have booked provided the booking must be cancelled as a direct consequence of any of the following events occurring between the date on your holiday confirmation and 10 am on the last day of your holiday. The event must necessarily and unavoidably prevent you from fulfilling your booking:
• Death, serious personal injury, serious sickness, hijacking or kidnap of you, a relative, or any person with whom you intend to travel.
• Jury service or witness summons of you or any person with whom you intend to travel
• Your home being made uninhabitable within 14 days of your holiday.
• You being made redundant (provided that such redundancy qualifies for payment under the United Kingdoms Redundancy Payments Acts).
• The Police requesting your presence following a burglary at you home.
• Cancellation of normal transport services due to riot or civil disorder.
• If you are a member of the armed forces or emergency services, the cancellation of previously agreed leave.
• Government restrictions which prevent access to the property.
• Claims related to pregnancies known about at the time of booking are excluded. If a pregnancy is confirmed after booking your holiday we will cancel the booking as long as the reason for cancelling is included in the events above. We will not reimburse cancellations due to a disinclination to travel.
11.3 The following conditions apply to cancellations and if they are breached by you we shall be entitled to refuse your request to cancel:
11.3.1 You must disclose all facts likely to be important in our assessment of your cancellation, such as your state of health at the time the booking was made, or that of any person in respect of whose state of health cancellation was made.
11.3.2 You must not make any fraudulent or misleading statement.
11.3.3 You or any member of your party must not have booked or started the holiday contrary to medical advice or after a terminal prognosis has been made or if any circumstances known to you at the time you booked your holiday could reasonably have been expected to give rise to cancellation or curtailment of the holiday.
11.3.4 Reasons for cancellation must be given in writing and where relevant a medical certificate provided. In the event of curtailment, reasons must be given for curtailment supported by a medical certificate, if due to medical reasons, confirming that curtailment of the holiday was necessary. Certificates, information and evidence to support a cancellation shall be provided by you at your expense. You shall, if necessary, submit to medical examination at our expense.
11.4 If you cancel the holiday pursuant to this clause 11 we shall not be liable to you in respect of any consequential or indirect loss whatsoever and any costs, monies or claim recoverable under any other insurance policy you may have taken out.
12.1 Pets must be disclosed on our Booking Form and only pets that we confirm are acceptable may be brought into the Property. With the exception of guide dogs, pets are only allowed if there is a prior arrangement made with Chris Churm. Failure to follow these rules will be a serious breach of these Terms of Business and the owner of the property may require you to vacate it at once.
12.2 Where pets are allowed, you must ensure that no damage is caused by them to the property and that they cause no disturbance within the surrounding area. Pets must be supervised and under control at all times and their access to areas of the property that are unsuitable for pets or would compromise reasonable standards of hygiene must be prevented by you. Pets are not allowed on furniture or upstairs. You must always clear up after your pets and you must remove all trace (inside and in the garden) of your pets having been present before you leave the property. If you do not, the owner may retain some of your Cautionary Deposit.
13.1 These Terms of Business override and supersede all previous versions and any previous course of dealing between the parties.
13.2 In the event of any inconsistency between these Terms of Business and any of our other literature, whether found in our brochure or on our website or otherwise, the provisions of these Terms of Business will prevail.
13.3 When you book your holiday with us, we collect personal information such as your name, email address, home address, telephone number, credit or debit card number and the cards expiry date. This allows us to book the property for you. We will also collect non-transactional data should you enter a competition, request a brochure or take part in a survey, for example. We may use the information that we collect to occasionally notify you about news and information we think you may find valuable. For example, we may send you our latest brochure, supplements, newsletters and special offers. If at any stage you decide that you would rather not receive such information, please contact us by telephone, email or post. We employ other companies and individuals to perform functions on our behalf such as sending postal mail, removing repetitive information from lists of our customers, analysing data, providing market assistance and processing credit card payments. We also reveal your identity to the owner of the property you wish to let. Our contractors have access to personal information needed to perform their functions, but may not use it for other purposes.
13.4 If any provision of these Terms of Business is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Business.
13.5 The agreements between you and us and between you and the owner are subject to English law and to the exclusive jurisdiction of the English courts.
13.6 It is not intended that any third party (other than owners) should have the right to enforce any of these Terms of Business under the Contracts (Rights of Third Parties) Act 1999. It is intended that owners may enforce the terms and conditions contained in these Terms of Business against you. ©4StarCornwall is a trademark of Chris Churm Ltd, Walnut Tree Cottage, Main Road Shelford, Nottinghamshire, NG12 1EE.