The following Terms & Conditions (September 2013) apply to all bookings whether processed online, email or post. Please read them carefully.
The booking is a contract between the owner of the property (‘the Owner’) and the person completing and signing the Booking Form (‘the Hirer’) applying for the right to occupy Porthcothan House (‘the property' or 'the house’) for a holiday let within the meaning of Schedule 1 paragraph 9 of the Housing Act 1988. 'The Agent' acts on behalf of the Owner. A booking will only be accepted in writing on the Agent’s official booking form or on its website booking form (‘the Booking Form’) accompanied by the specified deposit or full rent.
Provisional reservations may be made by email, telephone or on the web but must then be confirmed by the Hirer within 3 days on the Booking Form with the required payment. Provisional reservations that are not confirmed will be cancelled without notice after 3 days and your chosen dates will be released. No contract shall exist between the Hirer and the Owner until the Agent has received the Booking Form and required payment and has confirmed the booking in writing. Until then the Agent reserves the right to refuse the booking on the Owner's behalf and return any payments received in full.
Bookings will not be accepted by a Hirer under the age of 25 or where the majority of the party are of the same sex or under the age of 25 (except families or supervised groups). The number of people occupying the property must not exceed 11 (excepting infants under 2 years old). Only individuals named on the Booking Form may stay at the property and the Hirer must notify the Agent of any alterations to the names of those occupying the property. The Agent reserves the right to decline a booking or refuse to hand over a key to any person who has not complied with the booking conditions. The Agent may also accept a booking subject to special conditions if this is considered appropriate.
4.1 To secure a reservation complete all parts of the Booking Form and send it with a cheque for 25% of the total cost of the holiday to:
Porthcothan House, Porthcothan Bay, Nr Padstow, Cornwall PL28 8LN
4.2 The balance of the cost of the holiday should be paid no later than 8 weeks before your date of arrival.
4.3 If you are due to arrive in less than 8 weeks of booking the full cost of your holiday is due at the time of booking.
4.4 The Cautionary Damage Deposit of £500 (see Clause 18) is due no later than 3 weeks before your date of arrival.
Dishonoured cheques or non-payment of balances by the due date may be treated as a cancellation from the Hirer. Overseas payments may be made by bank draft or cheque drawn on a UK bank payable in sterling.
The Hirer confirms that he or she has read and understood the description of the property (‘the Property Details’) shown on the website. The Hirer is responsible for all members of the party and for ensuring that they are aware of and comply with these terms and conditions and is authorised by them to agree to the booking conditions. The Hirer certifies that he or she is a member of the party intending to occupy the property and is over the age of 25.
Occupancy shall be no earlier than 4.00 p.m. on the day of arrival to no later than 10.30 a.m. on the day of departure unless otherwise agreed in writing with the Agent (the housekeepers have only a limited time to prepare the property for the next guests and you are asked to respect this). A late departure fee of £80 may be payable for each hour cleaning is delayed. The duration of the let will be as stated on the Booking Form unless varied and agreed in writing by the Agent.
Any alteration to the booking by the Hirer will be subject to the Owner’s/Agent’s agreement and may be subject to an administration charge of £30. If, for reasons beyond its control, the Owner/Agent has to cancel or alter arrangements made for the Hirer, every effort will be made to offer an alternative property if one is available. If this is not possible, or the Hirer does not accept the alternative offered, the Owner/Agent will return to the Hirer any monies paid in respect of the period of unavailability, whereupon the Owner's/Agent's liability will cease.
Any cancellation should be made by telephone to the Agent and confirmed in writing. Where the Hirer cancels the booking for any reason the Hirer will remain liable for the full amount of the rent. However, the Agent will endeavour to re-let the property for the period booked by the Hirer, or part thereof. If successful, the Hirer will be refunded any amounts paid less any shortfall between the rent payable by the Hirer and the rent receivable from the re-letting and less any costs and expenses incurred by the Agent and a cancellation fee of £150.
It is strongly recommended that you have insurance to cover unforeseen risks such as cancellation, accidental loss and accidental damage to property during your holiday. These risks are not covered by the Owner's standard insurance policy.
The beds in the house are hand made by Savoir and extremely valuable. Some are Savoir No2 beds, the original 'Savoy Bed'. It is a fundamental condition that bases, mattresses and toppers are not separated, moved, tampered with or miss-treated in any way.
Accidental spills on the Gore-Tex mattress protectors should be dabbed with a soft cloth and lukewarm soapy water and left to dry naturally. Do not wash, spin dry, use bleach/spot remover or expose them to heat. This will cause irreparable damage.
If damage/staining does occur which cannot be resolved by the Agent, the Hirer will be liable for the full cost of replacement.
Sun cream, tanning lotion, make-up and hair dye can permanently stain bedding, linen and towels. The Hirer is asked to take particular care if these products are used and to consider bringing their own linen to prevent damage to items within the property.
The Hirer agrees:
a) To share the property only with members of the party named on the Booking Form and not to invite additional guests or exceed 11 people on the premises (excl children under 2 years old) unless agreed in writing by the Agent.
b) To take good care of the property, to use it and its contents in a safe and appropriate manner, to read instruction manuals using appliances, to return all furniture to the same place and leave it in a clean and tidy condition and in the same state of repair as at the start of the holiday.
c) To comply with the specific conditions in Clause 10 (beds).
d) To pay for any extra services and costs not included in the rent (eg telephone calls) and losses or damage to the property however caused (reasonable wear and tear excluded). Minor damage (eg breakage of crockery or glasses) should be paid for before leaving.
e) To report any damage or defective appliance to the Agent as soon as possible and certainly before leaving.
f) To comply with the security and safety precautions and rubbish disposal instructions in the Property Information Folder.
g) To ensure that whenever the house is left unoccupied all external doors are locked, all windows are closed and all ground floor windows are locked.
h) Not to bring any pets to the property unless previously agreed in writing with the Agent and to comply with Clause 13 if applicable.
i) Not to smoke or light candles anywhere inside the house.
j) Not to cause nuisance or annoyance to occupants of nearby properties.
k) Not to cook anywhere at the property except in designated cooking areas.
l) To allow reasonable access to the house by the Owner/Agent and its representatives.
m) To remove all of the Hirer’s personal possessions from the house at the end of the holiday.
n) To return the keys whence they came or otherwise as agreed with the Agent or to pay for locks to be replaced.
o) Not to arrive at the house before 4 p.m. or leave after 10:30 a.m. on the day of departure unless agreed with the Agent.
So that the Owner continues to welcome dogs the Hirer agrees:
a) Not to have any dog at the property unless agreed in writing by the Agent.
b) Not to allow dogs on the first floor or on any furniture.
c) Not to leave any dog unattended at the property.
d) To clear up any fouling of lawns, paths etc. without delay.
e) To keep a dog at the property under strict control at all times.
f) To bring any dog's bedding.
g) To remove all dog hair from the house before departure.
A charge will be made if these conditions are contravened which may include but is not limited to a deep clean and professional cleaning of all bedding, soft furnishings and carpets.
The Owner is not responsible for your personal property at any time. If items are left behind please let the Agent know as soon as possible so that these can be searched for and returned if found. Postage, packing and other costs will normally be required before items are returned. Items which are not claimed or reimbursed will be kept for 28 days before being disposed of.
So that all our guests can enjoy this complimentary service we ask that you do not change any leads or connections to the modem and that you do not attempt to change any settings on the modem whether or not you have the technical knowledge to do so. You will be responsible for any charges arising from a breach of this condition.
Smoking is not permitted anywhere inside the property. Candles are also prohibited due to the fire risks. If there is any evidence of smoking inside the house the Agent will terminate the let immediately without refund. You will also be liable for charges that may include but are not limited to professional cleaning and deodorising soft furnishings, bedding, curtains and carpets.
The Hirer shall be liable for any breach of these conditions and any damage to the property and it's contents and will be charged for the replacement cost or the cost of making good any such damage, any rental income lost as a result of the property being rendered unfit for purpose and for the Agent's time spent carrying out or arranging such repairs or replacement.
The Owner/Agent also reserves the right, without prejudice to any other rights or remedies, to re-enter the property and terminate the let and require all the party to vacate the property with immediate effect without refund.
Any incidents should be reported to the Agent as soon as possible and certainly before leaving.
The Hirer shall pay to the Agent a fully refundable damage deposit of £500 (referred to as a ‘Cautionary Damage Deposit') against any damage or expense caused by the Hirer or anyone staying at the property during the let. As soon as possible after departure the Agent will examine the property for any loss or damage. If no such loss or damage is apparent the Cautionary Damage Deposit will be repaid in full to the Hirer within 7 days of the departure date. If a deduction is required as a result of damage or breach of these terms and conditions the balance will normally be refunded within 28 days of departure (to allow estimates to be obtained). If the Cautionary Damage Deposit is repaid to the Hirer this does not mean that the Hirer is absolved of any losses or damage subsequently discovered by the Agent. Nor does it limit the Hirer’s liability in excess of this amount.
A Small Party Discount is conditional on a maximum number of 6 adults (excl children under 2 years old) in the party and use of no more than 3 bedrooms and 3 bathrooms (or 4 people in 2 bedrooms). Breach of this condition will render the Hirer liable for the full tariff.
An information folder is provided in the property with important details about the house, the use of appliances and local services etc. If this is missing the Hirer must advise the Agent instantly. The Hirer should check the inventory included with the folder on arrival and report any discrepancies immediately to the Agent, otherwise it will be deemed to be correct.
Whilst the Owner/Agent makes every effort to provide an up-to-date, true and accurate description of the property the Hirer accepts that these are inevitably subjective and for guidance only. The Hirer is responsible for ensuring the property is suitable for the party’s needs and for making any specific requirements/needs known to the Agent. The Owner/Agent reserves the right to alter, substitute or withdraw any service, facility, amenity or the content of its website without notice and without any liability to the Hirer.
The Agent may amend any prices listed on the website and/or Booking Form due to errors or omissions but shall notify such changes to the Hirer as soon as possible and invite the Hirer either to cancel the booking and obtain a full refund or amend the booking without charge. If the Agent receives no response within 7 days it shall notify the Hirer again and if no response is received in a further 7 days may cancel the booking and refund any monies paid in full.
In the event of a discrepancy between these conditions and any other document these conditions shall prevail.
The Owner/Agent shall not be responsible for any loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property and its, plumbing, gas, electrical or otherwise, or exceptional weather except for death or personal injury caused by the Owner's/Agent's negligence. If the house is not available or has become wholly unsuitable for holiday letting due to reasons beyond the Owner’s control the Owner’s/Agent’s liability shall be limited to a refund of the rent paid in respect of the period of unavailability (Clause 6). The Owner/Agent shall not be responsible for other matters beyond its control such as noise or nuisance from neighbours or local events, disruption to utility services or the closure of shops or amenities. The Owner/Agent will use its best endeavours to fix any broken fixtures, services and appliances as soon as possible but the Hirer acknowledges that due to the short period of the let it may not be possible to repair such items during the let. No responsibility is accepted for loss or damage to personal property including vehicles or the contents of vehicles belonging to the Hirer or any member of the Hirer's party.
Every effort is made to ensure that you and your party have an enjoyable holiday. If you have a problem or cause for complaint we want to look into it and seek a resolution immediately. In order to do this it is essential that you contact the Agent or its representatives as soon as possible and in any event before you leave. Complaints made belatedly may not be entertained because the opportunity to resolve them during your holiday will have been missed.
The failure of the Owner/Agent to enforce or exercise, at any time, or for any period of time, any term of, or any right pursuant to this agreement does not constitute and shall not be construed as a waiver of such term or right.
The laws of England shall govern the construction and performance of this agreement and the parties submit to the jurisdiction of the English Courts. The Hirer agrees that the contract is made at the Agent’s premises and that any proceedings between the parties shall be conducted in the County Court nearest to the Agent. Clause headings are for convenience only and do not form part of or affect the interpretation of the agreement. If a court finds that one of these booking conditions is illegal, void or unenforceable, in whole or in part, the remainder of the booking conditions will continue to be valid and have full force and effect.
When you contact us we collect personal information such as your name, email address, home address and telephone numbers. These will be used by us and our representatives to respond to your enquiry, process your booking and enable us to prepare the house before and after your holiday. We may also use it occasionally to notify you of news and information we believe you may find useful. For example, we may send you our latest newsletter and special offers. If at any stage you decide you do not wish to receive such information please contact us by telephone, email or post.