1. The Rental Arrangement
1.1 These Terms and Conditions (“these Terms”) apply to lettings of holiday accommodation and form the basis of Your contract with the Owner.
1.2 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.
1.3 You will enter into a contact with the Owner when we issue a Booking Confirmation and in making a booking You confirm that You accept these Terms including the Policies and agree to comply with them.
2. Definitions and Interpretation
Schedule 1 sets out the definitions and rules of interpretation which apply in these Terms.
3. Description, Illustration and Advertising
3.1 You agree:
(a) that whilst We make every effort to describe the Property and Facilities as accurately as possible, and to keep information up-to-date the Facilities may vary;
(b) that our employees are not authorised to make any contractually binding representations concerning the Property or its Facilities whether verbally on in emails;
(c) that Images of the Property on the Website and other advertising materials are for illustrative purposes only and 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; and
(d) that You do not rely on, and waive any claim for breach of, any such representations in clause 3.1.
3.2 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 booking charges.
4. Paying the Booking Deposit and Booking Fee
4.1 You agree:
(a) to pay the Booking Deposit and Booking Fee to us at the same time as You submit the Booking Form, and that both are non-refundable;
(b) that You authorise Us to debit the balance of the Rental Fees, when they fall due, using the same payment card as You used to pay the Booking Deposit;
(c) that You are one of the Guests staying at the Property;
(d) that You are at least 18 years old;
(e) that by submitting a Booking Form and paying a Booking Deposit or other Rental Fees, You understand and are agreeing to these Terms; and
4.2 Provided that you have paid the Booking Deposit and Booking Fee, We will send You a Booking Confirmation. At this point a binding contract, incorporating these Terms, will come into existence.
4.3 We reserve the right to refuse a booking at any time, but will of course treat everyone equally and fairly. If You have breached any of these Terms during a previous booking, we reserve the right to refuse any subsequent bookings made by You or on Your behalf.
5. Paying the Rental Fees
5.1 You agree:
(a) to pay the balance of the Rental Fees at least 42 days before the Start Date;
(b) that to pay the balance of the Rental Fees We may debit the payment card used to pay the Booking Deposit and authorised by You as described in clause 4.1(b);
(c) that, 42 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; and
(d) that if You have not paid the balance of the Rental Fees by the date specified, You will be cancelling the booking in accordance with Our Cancellation Policy.
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 Discounts must be taken up at the time of booking and cannot be applied retrospectively. You agree that Discounts cannot be applied to short breaks which is for 6 nights or less.
5.7 Only one discount can be applied to a Rental Fee at any one time, and the discount with the highest value will apply.
6. Housekeeping Bond
6.1 The Housekeeping Bond is the maximum amount chargeable to You in respect of any damages, Check Out Charges and other costs incurred by Us or the Owner attributable to You or other Guests in relation to Your stay at the Property. The Housekeeping Bond varies depending on the Property You book.
6.2 We reserve the right to debit such costs, up to the value of the Housekeeping Bond, from the payment card You used to pay the Rental Fees, such charges will usually be made within 30 days of the end of Your Rental Period.
6.3 We will notify You if We intend to charge all or part of the Housekeeping Bond for the reasons set out in the Damages Policy, and if we intend to make any Check Out Charges as set out in the Arrival and Departure Policy.
6.4 We may provide receipts or other evidence of incurred costs whenever it is reasonable or practical to do so, but we reserve the right not to do so in certain situations (an example would be where damage has been repaired by the Owner using their own time and resources).
6.5 You can opt to pay a non-refundable Housekeeping Bond Waiver to Us as an alternative to providing your payment card details. This does not exempt you from any Check Out Charges.
6.6 The Housekeeping Bond may be applied against any costs incurred by Us or the Owner in relation to remedying any damage to the Property, fixtures, fittings and effects at the Property caused by You, or any Guests, or any costs incurred in accordance with the Arrival and Departure Policy;
6.7 Any such damage, destruction, loss, defect or disrepair affecting the Property or any fixtures, fittings or effects at the Property must be reported to the Housekeeper or to Us as soon as it comes to Your attention.
7. Cancellation of Booking
You agree that cancellations shall be made in accordance with Our Cancellation Policy. If you cancel the booking, the amount that may be refunded to You is set out in Our Cancellation Policy.
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 in accordance with our Cancellation Policy.
9. Rental Period and Check-in or Arrival Times
You agree to comply with the terms set out in our Arrival and Departure Policy.
10. Owner’s obligations during the Rental Period
The Owner shall comply with Our Good Host Policy.
11. Customer’s obligations during the Rental Period
12. Dogs and other pets
If the Owner or Forever Cornwall has agreed that You may bring a pet to the Property, You agree to comply with Our Dog and Pet Policy at all times during the Rental Period.
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 The Owner shall collect the name, occupancy numbers, bedding requests, guest notes, and mobile phone number in case of emergencies of the Customer and Guests (“Letting Data”).
15.2 The Letting Data will be passed on to Housekeepers.
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 An Event Outside Our Control may be any act or event beyond Our or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, the actions or inactions of Guests, neighbours, builders, tradespeople or other third parties, failure of public or private telecommunications networks, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine.
16.3 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 the reserved dates, We will use reasonable endeavours to arrange suitable alternative accommodation (additional payments may be required if alternative accommodation is more expensive) or, You may cancel the contract and all payments will be refunded to you.
If you have any complaints about the Property, please follow Our Property Problems and Complaints Policy.
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, Admiralty House, 2 Bank Place, Falmouth, Cornwall TR11 4AT
18.5 The contract between the parties shall be governed by the laws of England and Wales.
Forever Cornwall Limited, Admiralty House, Bank Place, Falmouth, Cornwall TR11 4AT. Registered in England No 08013534