1. The Rental Arrangement
1.1 We act as the letting agent for the Owner of the Property. The rental arrangements are made by us on behalf of the Owners and the contractual relationship is between You and the Owner.
The following definitions and rules of interpretation apply in these Terms:
Booking Confirmation: the confirmation of booking provided by email to You, the Customer when a reservation has been accepted.
Booking Deposit: the deposit payable to secure a booking which shall be:
(a) if the Booking Form is submitted more than 56 days prior to the Start Date, 20% of the Rental Fees and 20% of the Security Deposit; or
(b) if the Booking Form is submitted less than 56 days prior to the Start Date, 100% of the Rental Fees and 100% of the Security Deposit.
Booking Form: the online form that You will fill in online as part of the booking process or, if You are booking over the phone, by Us on Your behalf.
Discounts: any reduction in price offered by Us, including Special Offers and Last Minute offers.
Event Outside Our Control: any act or event beyond Our or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, the actions or inactions of Guests, neighbours, builders, tradespeople or other third parties, or failure of public or private telecommunications networks.
Facilities: the facilities available at the Property which are described on the Website.
Forever Cornwall, We, Our or Us: Forever Cornwall Limited incorporated and registered in England and Wales with company number 08013534 whose registered office is at “Pentreath”, Carlidnack Lane, Mawnan Smith, Falmouth, Cornwall TR11 5HE.
Guest(s): the people that occupy the Property subject to these Terms.
Guest Directory: the pack of information made available at the Property.
Owner: the owner of the Property.
Property: the house (and garden, if any) identified in the Booking Confirmation together with the fixtures, furniture and effects at the Property.
Rental Fees: the total amount due from You in respect of a booking of the Property including a cleaning fee for dogs (if any) but excluding the Security Deposit.
Rental Period: the rental period specified in the Booking Confirmation.
Security Deposit: the sum identified on the Booking Form payable by the Customer in respect of the Property.
Start Date: the first day of the Rental Period.
Website: Forever Cornwall’s property letting website currently located at www.forevercornwall.co.uk together with such other websites which may be developed by Forever Cornwall from time to time.
You, Your or the Customer: the person named on the Booking Form.
3. Description Illustration and advertising
3.1 The Facilities at the Property are as described on the Website. You agree that our employees are not authorised to make any contractually binding representations concerning the Property or its Facilities. You acknowledge that You do not rely on, and waive any claim for breach of, any such representations.
3.2 Images of the Property on the Website are for illustrative purposes only. We make every effort to describe Property and Facilities as accurately as possible, and to keep information up-to-date. The Property and the Facilities may vary from the images.
3.3 You accept that images on the Website may not represent specific changes, additions or omissions to decor, furniture, furnishings, appliances, planting and artworks whether internal or external and whether permanent or temporary.
3.4 We reserve the right to amend the price quoted for the Property in advertising material due to omission, error or changes in VAT rate and to make changes to the payment processing charges.
4. Booking and Payment of Booking Deposit
4.1 You agree:
(a) to pay the Booking Deposit to us at the same time as You submit the Booking Form;
(b) that by paying a Booking Deposit You are also providing payment card details to pay the balance and are authorising Forever Cornwall to debit the balance of the Rental Fees, using the same payment card, 56 days before the Start Date;
(c) that, 56 days before the Start Date, you will have sufficient cleared funds (in the case of debit cards) or sufficient credit limit (in the case of credit cards) to pay the balance;
(d) that You are one of the Guests staying at the Property;
(e) that You are at least 18 years old;
(f) that by submitting a Booking Form and paying a Booking Deposit or other Rental Fees, You understand and are agreeing to these Terms, and
(g) to ensure that all Guests are aware of, and comply with, these Terms.
4.2 Your submission of a Booking Form and payment of the Booking Deposit (or alternatively the full amount of Rental Fees) is an offer to let the Property on the requested dates.
4.3 If the Property is available on the requested dates, we will send You a Booking Confirmation. At this point a binding contract, incorporating these Terms, will come into existence. We reserve the right to refuse a booking at any time, but will of course treat everyone equally and fairly.
4.4 Unless otherwise agreed in writing, the Property shall not be let to groups of three or more people of the same sex (unless they are members of the same family, but from different generations).
4.5 We strongly recommend that all Guests take out holiday insurance. Insurance should cover all risks including cancellation, accident, breakdown, loss or damage to personal property
5. Payment of Rental Fees
5.1 You must pay the balance of the Rental Fees at least 56 days before the Start Date.
5.2 We will debit the bank card provided for the payment of the Rental Fees as described in clause 4.1(b).
5.3 If You have not paid the balance of the Rental Fees by the date specified in clause 4.1, You will be deemed to have cancelled the booking under clause 7.2(a).
5.4 We will notify You on receipt of all payments, by email.
5.5 Cheques and bank transfers are not accepted forms of payment.
5.6 All Rental Fees and Booking Deposits are inclusive of VAT.
5.7 Discounts must be taken up at the time of booking and cannot be applied retrospectively.
5.8 Only one discount can be applied to a Rental Fee at any one time, and the discount with the highest value will apply.
6. Returnable Security Deposit
6.1 You must pay the balance of the Security Deposit to us no later than the date on which the balance of the Rental Fees is to be paid.
6.2 The Security Deposit will be held by us and applied against any costs incurred by us or the Owner in relation to:
(a) remedying any damage to the Property, fixtures, fittings and effects at the Property caused by You or any Guests;
(b) Your failure to deal with refuse in accordance with clause 11.1(i) (in this case a minimum charge of £25 will be made);
(c) returning any items that You or any Guests leave at the Property and wish to have returned (in this case a minimum charge of £25 will be made);
(d) performing any additional cleaning at the Property when it is not left clean and tidy (which shall be determined at our absolute discretion, and will be charged to You at cost);
(e) performing any speciality cleaning to linen or soft furnishing for the removal of marks or stains (in this case we reserve the right to make a minimum charge of £100, and this shall be determined at our absolute discretion);
(f) the replacement of any items that may have been removed from the Property including linen (which will be replaced at cost but in this case we reserve the right to make a minimum charge of £20);
(g) any late departure by You or any Guests, which will be determined in accordance with clause 9.1. (in this case we reserve the right to make a minimum charge of £20 per hour or part hour);
(h) any unreturned keys for which a charge of £50 will be made. We reserve the right to charge a callout fee of £25 per hour if You request or require Us or our representative to attend the Property in the event of lost keys or other lock-out.
6.3 In the event that any of the costs identified at clause 6.2 exceed the Security Deposit, You agree to pay such further costs to us following receipt of our written request (together with such supporting evidence (where available) as may be reasonably requested by You.
6.4 Unless we have informed You that we intend to withhold all or part of the Security Deposit for the reasons set out at clause 6.2, the Security Deposit will be returned to You, onto the credit or debit card used to pay the Rental Fees, not usually more than 14 working days after last day of the Rental Period less any deductions made in accordance with clause 6.2.
6.5 We reserve the right to withhold the full amount of the Security Deposit for a reasonable time while quotations or arrangements for repairs or replacements are made or quotations are obtained and until such time that the correct amount of any retention is determined, or until the issue is disputed to a fair end. Forever Cornwall will act as mediators and will endeavour to resolve any disputes as fairly and as quickly as possible.
6.6 We will provide receipts or other evidence of incurred costs whenever it is reasonable or practical to do so, but reserve the right not to do so in certain situations (an example would be where damage has been repaired by an owner using their own time and skill and trades-people have not been contracted).
7. Cancellation of Booking
7.1 You agree that all cancellations shall be in writing.
7.2 If You cancel the booking by giving less than 8 weeks’ notice the following provisions will apply:
(a) for cancellations which occur more than 56 days before the Start Date, we shall retain a £50.00 administration fee from the Booking Deposit and will refund all other sums paid by You;
(b) for cancellations between 55 – 28 days from the Start Date, we shall retain 60% of the Rental Fees;
(c) for cancellations between 27 – 14 days from the Start Date, we shall retain 75% of the Rental Fees;
(d) for cancellations between 13 – 0 days from the Start Date, we shall retain 100% of the Rental Fees, and
(e) in all cases we will return the Security Deposit in full.
8.1 In the unlikely event that the Property becomes unavailable for the Rental Period for any reason, we will let You know immediately. We will make every reasonable effort to offer You alternative accommodation to a similar specification. If alternative accommodation is available, it may be at a higher or lower price. If higher We may be able to the arrange for the Owner of the original Property to pay the difference and will make our best efforts to do so. If the price is lower You will be refunded the difference. If the alternative accommodation is not acceptable to You, or if none is available despite our best efforts, You will be offered a full refund. You will have no further claim against Forever Cornwall or the Owner.
9. Rental Period
9.1 Rental of the property and associated parking space(s) commence at the time stated on the Booking Confirmation on the Start Date and end at 10.00am on the last day of the Rental Period. Please do not arrive earlier or depart later than these times (from both the property and associated parking space(s)), unless you have received written consent to do so from Forever Cornwall.
9.2 Unless confirmed otherwise in the Guest Directory, or otherwise in writing, all keys must be placed in the key box located at the Property on or before 10.00am on the last day of the Rental Period. A £50 fee will be deducted from the Security Deposit for unreturned keys.
9.3 The Rental Period cannot be exceeded unless we give prior written approval. You shall be responsible for additional costs and charges arising due to an unauthorised extension.
10. Owner’s obligations during the Rental Period
10.1 The Owner agrees that You may quietly occupy and enjoy the Property during the Rental Period without any interruption from the Owner or any person on behalf of the Owner.
10.2 The Owner shall provide the Facilities at the Property.
11. Customer’s obligations during the Rental Period
11.1 You shall:
(a) use the Property as a private holiday residence for the maximum number of people stated on the Booking Confirmation and shall ensure that the people named on the Booking Confirmation are the only persons entitled to occupy the Property. The Owner reserves the right to terminate without notice and without refund for a breach of this condition;
(b) use the Property in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times;
(c) not do anything on the Property which may be a nuisance to or cause damage or annoyance to the Owner or the tenants or occupiers of any adjoining property;
(d) not use the Property for any illegal or immoral purposes;
(e) be responsible for all damage caused to the Property (including the Owner’s fixtures, fittings and effects) or to any other property through any breach of the obligations set out in these Terms or any improper use by or negligence of the Guests or any person at the Property;
(f) keep the fixtures, fittings and effects at the Property clean and in the same condition as at the Start Date (fair wear and tear excepted);
(g) take care when using fake tan, sun cream, waterproof make-up, hair dye or similar substances in the Property because they may mark or stain linen towels or other furnishings. If You plan to use such products at the Property We recommend that you bring your own spare bedding and towels. If damage is caused that cannot be cleaned a deduction may be made from the Security Deposit;
(h) not block or otherwise damage the taps, baths, wash basins, toilets, cisterns, drains or pipes serving the Property;
(i) report to the housekeeper or to Us (by phone, text or email) any damage, destruction, loss, defect or disrepair affecting the Property or any fixtures, fittings or effects at the Property as soon as it comes to Your attention;
(j) place all refuse in the receptacle(s) provided for the Property and put such receptacles out for collection on the dates and times stated in the Guest Directory;
(k) allow us, the Owner or its representative and/or its agent or anyone with the Owner’s written authority (together with the Owner’s housekeeper and any tradespeople) necessary access to enter the Property at reasonable times of the day to inspect its condition and state of repair and to carry out any necessary repairs provided we have given reasonable notice (with regard to the work to be undertaken) beforehand and You shall not interfere with or obstruct any such persons;
(l) in cases of emergency, allow us, the Owner, or anyone with the Owner’s authority to enter the Property at any time and without notice;
(m) not cause or permit any dangerous or inflammable substance to be stored or collect in or on the Property apart from those needed for general domestic use;
(n) not light or permit any naked flame or candle at the Property except fitted gas hobs where these are present;
(o) not to permit or keep any dogs on the Property without first obtaining Forever Cornwall’s written consent (which will be confirmed in the Booking Confirmation, and will be subject to an additional cleaning fee of £25 per pet) and subject to You agreeing to comply with clause 12;
(p) not park any caravan, camper van, boat trailer or erect any tent at the Property without obtaining our prior written consent;
(q) only park vehicles in the designated parking spaces provided, such vehicles to be parked at Your own risk;
(r) not smoke at the Property (including on any balconies or patio areas). We have a no smoking rule at all Properties;
(s) not to take towels provided for Guest use to the beach or other outdoor location;
(t) ensure that barbeques are left clean for the next Guest to use at properties where there are barbeques provided;
(u) not 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;
(v) not 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; and
(w) at the end of the Rental Period, remove the Guest’s belongings 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, You agree that we may deduct a reasonable fee for cleaning from the Security Deposit.
12. Dogs and other pets
12.1 Dogs, cats and pets of any kind are not permitted at any property without the express permission of the owners and Forever Cornwall.
12.2 If dogs are permitted at the Property, You agree:
(a) that You are deemed responsible for the actions and/or inactions of the dog;
(b) not allow dogs in bedrooms or upstairs;
(c) to keep dogs off all furniture, beds and soft furnishings;
(d) that kitchen and dining items will not be used for dogs;
(e) that dogs will be towelled thoroughly before coming indoors after spending time on beaches or on rainy days, using towels provided by You;
(f) that dogs will be kept under control at all times and will not be or cause any nuisance to any person;
(g) that dogs will not make or cause any noise which is heard outside of the Property
(h) to not leave dogs alone in a Property at any time;
(i) to pick up after dogs at all times;
(j) to take exceptional care to check garden areas when You leave the Property; and
(k) You will be required to vacate the property immediately, without refund, if You are in breach of any part of these conditions 12.1 to 12.4
12.3 We reserve the right to take the cost of any damage, or extra cleaning that has been made necessary by Your dog/s, from the Security Deposit.
12.4 Where a Property does not accept dogs or other pets this does not guarantee that there have never been dogs or pets at the Property.
12.5 Where a dog is permitted at a property there may be certain restrictions on the size and quantity of the dog(s) in question. We reserve the right to take the cost of any damage, or extra cleaning that has been made necessary by Your dog/s, from the Security Deposit if these restrictions are not adhered to.
13. Limitation of liability
13.1 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.
13.2 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.
13.3 We and the Owner are not liable for business losses. The Owner only lets the Property for domestic and private use. If You, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 High chairs, cots, stairgates and any other items for babies or young children that have been provided at the Property are used at the discretion of the Guest and neither We or the Owner are responsible for any damage or injury caused by usage.
14.1 If there has been a substantial breach of any of Your obligations, the Owner (or the Agent 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 other rights and remedies of the Owner will remain in force.
15.1 We shall keep Your details on record, but not including any financial information relating to Your credit or debit card or bank account.
15.2 Only basic information will be passed on to housekeepers (name, occupancy numbers and bedding requests and mobile phone number in case of emergencies.)
15.3 We may email You with information and offers from time to time and agree to take You off our mailing list if You ask us to.
15.4 We will not pass Your personal information on to other companies or organisations.
15.5 We reserve the right to publish in marketing materials any comment that You might make in the Guest Journal provided in the Property.
16. Events outside our Control
16.1 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 Our Control.
16.2 If an Event Outside Our Control takes place that affects the availability of the Property on the reserved dates set out in the Booking Confirmation:
(a) You will be contacted 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 Our Control. Where the Event Outside Our Control results in the Property becoming unavailable for on the reserved dates, we will use reasonable endeavours to arrange suitable alternative accommodation (additional payments may be required if alternative accommodation is more expensive) and, if no alternative is available, You may cancel the contract and all payments will be refunded.
17.1 If any issues arise during your stay that you feel give you cause for complaint please contact Forever Cornwall as soon as it is practical to do so. This will give us the opportunity to rectify matters if it is possible to do so. In no circumstances will compensation be given for complaints made after a holiday has finished.
17.2 Where there is a dispute between a Guest and an Owner the role of Forever Cornwall will be to mediate in order to reach a fair end that is acceptable to both parties.
18.1 Any obligation on You in these Terms and Conditions not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
18.2 The parties 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.
18.3 An obligation in these Terms and Conditions to pay money includes an obligation to pay Value Added Tax in respect of that payment.
18.4 Under section 48 of the Landlord and Tenant Act 1987, You are hereby notified that notices (including notices in proceedings) must be served on the Owner at the following address: c/o Forever Cornwall Limited, “Pentreath”, Carlidnack Lane, Mawnan Smith, Falmouth, TR11 5HE
18.5 The contract between the parties shall be governed by the laws of England and Wales.