Reservations are accepted by Estuary Cottages (EC) on behalf of Owners only on the conditions shown in the Booking Form together with the following Booking Conditions (The Booking Conditions)
1. Estuary Cottages, EC acts entirely as Booking Agents for all the Owners of the properties offered and contracts accepted by EC shall be between the Person signing the Booking Form (The Guest) and the Owner of the property for whom the booking is made (The Owner) whose name is shown on EC’s official form of Acceptance (Acceptance Letter).
a. The Guest certifies that he/she is authorised to sign the Booking Form on behalf of all persons who will occupy the property during the period for which he/she has booked and that they are all, apart from minors, aware of the Booking Conditions. The brochure description of each property clearly indicates the maximum number of guests who may occupy it and the surrounding grounds. Exceeding this number constitutes a breach of contract and the Owner of the property has a right to terminate the booking forthwith and all monies paid by the Guest will be forfeit.
b. No booking will be accepted by EC unless the Booking Form has been filled in and signed by the Guest and accepted by EC on behalf of the Owner on its Acceptance letter. All contracts will be deemed to have been made in Cornwall and are in accordance with and subject to English Law.
c. All properties in this brochure are hired on the understanding that the accommodation is for holiday use only and that no right to remain in the accommodation exists for the Guest or anyone in the Guests party.
- CANCELLATION
Estuary Cottages are unable to provide Cancellation Insurance and it is not included in the rental. Therefore, we strongly recommend that Holiday Cancellation Insurance is taken out independently as once a deposit has been taken, the full balance will become payable on the due date.
- BOOKING ALTERATIONS
After a booking has been confirmed, any request from the Guest for changes in the Contract will be subject to the agreement of the Owner. A request by the Guest to transfer a booking to an alternative property will be treated as a cancellation of the original booking.
a. If for reasons beyond their control EC have to cancel or alter arrangements made for the Guest they will make every effort to offer an alternative property if one is available. If the Guest does not accept the alternative offered the Owner will refund all monies paid by the Guest, where upon EC and the Owner"s liability will cease.
- FINAL PAYMENT
Final payment set out in the Booking Form, is due four weeks before a holiday commences and this is shown as the due date on the Acceptance Letter. No further reminders will be sent. Non-payment by the due date will be treated as a cancellation. The Guests initial payment will be forfeit and he/she remains liable for the full amount of the final balance. EC will then seek to re-let the property without further reference to the Guest. In the event of a re-let a credit will be given for the amount of rental achieved on the re-letting, less any reasonable administrative or professional costs incurred in connection with such letting.
- If a booking is made less than 4 weeks before the commencement of the holiday the full rent is due at the time of booking.
- VAT
For some properties, Value Added Tax is included in the rental figures shown. It has been levied at the rate appropriate to the time of booking for payment on the due date. If changes occur in VAT levels, rentals will be amended accordingly and Guests who have already made bookings which are affected by the change will be credited or debited with the appropriate amount.
- PETS
Unless specifically stated in the brochure, no pets are permitted in any of the properties. Where pets are allowed in certain properties, these are indicated in the brochure. They are accepted subject to the Guest accepting liability for any damage the pet my cause and on the condition that the pet will not be left, unattended in the property at any time. Any guest who takes a pet into the property without prior permission or without notifying EC in writing or on the Booking Form is in breach of Contract and the Owner of the property has the right to terminate the booking forthwith and to retain all monies paid by the Guest.
a. Pet owners are expected to bring suitable bedding for their animals.
b. Pets are not allowed on any furniture and must not be allowed in any bedrooms.
c. Guests who are permitted to bring their pet must be responsible for cleaning up any outside areas of the property their pet has used before their departure.
- OCCUPANCY
Access to properties is from 3.00pm on the day of the agreed arrival. Departure must be no later than 10.00am as shown on EC’s Acceptance Letter. These times must be strictly adhered to except by special arrangement in writing with either the Owner or EC.
8. DAMAGE DEPOSIT
The Guest will pay a Damage Deposit of £100 per week by cheque, made payable to Estuary Cottages and this must be paid at the time of the balance payment usually 4 week before the start of the holiday. The Guest is required to report to the Caretaker or Estuary Cottages any breakage or damage that occurs during their stay. An appropriate charge will be made for repair or replacement and this will be taken out of the Damage Deposit. Equally, if a property is left in an unsatisfactory condition necessitating extra cleaning an appropriate charge will also be made. In the event of any of the above being reported the cheque will be banked immediately and any remaining balance will be returned to the Guest.
a. Guests must leave the premises on the day of departure by 10.00am, this being the end of their Contract with the Owner. In the event that Guests refuse to vacate the property at this time a charge will also be deducted from the Damage Deposit to reimburse the Caretaker for time wasted.
b. The Damage Deposit cheque will be destroyed by EC within 7 days of departure if no damages, breakages or other discrepancy has been reported.
c. If a balance payment has been made by Credit/Debit card, the Guest agrees to EC keeping the card details on file and to EC deducting any appropriate monies required to cover the costs of damage, repair or other discrepancies.
9. GUESTS OBLIGATION
- Care must be taken of the property and it must be left by the Guest in a clean and tidy state and furniture returned to the place in which it was found on entry. The Owner and EC reserve the right to reasonable access during the period of hire.
- Guests must report to EC or the Caretaker any damage or breakages that occur during their stay. An appropriate charge will be made for repair or replacement and this will be deducted from the Damage Deposit.
- Guests will properly supervise at all times any infants or minors who will occupy the property with the Guest or be invited into the property by the Guest or any other adult in the Guests party.
10. COMPLAINTS
In spite of the care and precautions taken, it is possible that the Guest could have grounds for complaint about a property he/she has chosen. Any complaint must be taken up immediately in full with the Caretaker or Owner. The function of EC is to provide a service letting holiday properties. EC is not a party to the contract between the Owner and the Guest and EC performs its functions entirely as a Booking Agent. However, if the Guest, having contacted the Owner or his/her representative, is still not satisfied, the Guest should contact EC either in person or by telephone, prior to the Guests departure, to ask them to take such reasonable steps as they are able to, in an endeavour to put the matter right.
a. It is specifically agreed that failure by the guest to notify the Owner, Caretaker or EC of any complaint before their departure will prejudice their claim irrespective of its merits. It is agreed that failure to give prompt notice of a complaint in accordance with this clause may be taken into account by a court in determining liability or assessing compensation.
11. EXTERNAL FACTORS
EC and the Owners cannot be held to account or be responsible for any holiday fairs, fetes, events or festivals occurring during the letting season. EC and the Owners cannot be held to account or be responsible for any noise or building works in the vicinity or on neighbouring properties.
EC and the Owners cannot be held to account or be responsible for the activity of any wild life that may live in the vicinity.
12. AMENTIES
Whilst representations both verbal and visual contained in the brochure, website and any other advertising matter are made in good faith and carefully scrutinized and agreed with the Owners, neither such verbal or visual representation contained in such publications, nor any verbal representations made by any employee of EC form part of the Contract. No warranty or representation is given as to the state of any property. Any representations of a similar kind made in previous brochures issued by EC are superseded by this brochure.
a. The use of amenities provided by the Owners must be used safely and responsibly by the Guests and are used entirely at his/hers own risk. No responsibility can be accepted by the Owner or EC for any injuries to persons or loss or damage to any belongings or persons who use them save as provided in paragraph 13.
- EC do not accept liability 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 Guests or any other person may suffer or incur arising out of, or in any way connected with the letting. In addition, the Owner accepts no liability for loss or damage to the Guests possessions on the Owners property or land.
- No Owner or any property, nor any member of staff or servant of EC has the right to modify EC Booking Form or Booking conditions or to make any representation or undertake any liability on behalf of EC.