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1. Welcome: 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 On booking a property You enter into a contact with the Owner and in making a booking You confirm that You accept these Terms and agree to comply with them.
1.3 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.
2. Definitions and Interpretation
The following definitions and rules of interpretation apply in these Terms:
Administration Fee: a fee payable to Us for changing or moving a booking.
Booking Confirmation: the confirmation of booking provided by email to You 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 42 or more days prior to the Start Date, 30% of the Rental Fees,
(b) if the Booking Form is submitted less than 42 days prior to the Start Date, 100% of the Rental Fees.
Booking Fee: the Booking Fee is payable for Your first booking in any calendar year (1st January to 31st December) but additional bookings will not be subject to a Booking Fee.
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.
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 Admiralty House, 2 Bank Place, Falmouth, Cornwall TR11 4AT.
Guest or Guests: the people that occupy the Property subject to these Terms.
Guest Directory: the pack of information made available at the Property.
Housekeeping Bond: the sum identified on the Booking Form as the maximum amount chargeable to the Customer in respect of the any damages to the Property or cost incurred by the Owner or Us in relation to Your stay 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 charge for dogs (if any).
Rental Period: the rental period specified in the Booking Confirmation.
Start Date: the first day of the Rental Period.
Website: Forever Cornwall’s property letting website currently located at www.forevercornwall.co.uk.
You, Your or the Customer: the person who makes the booking and is named on the Booking Form.
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 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.
(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 payment processing 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 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).
(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 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.
4.3 We reserve the right to refuse a booking at any time, but will of course treat everyone equally and fairly.
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;
(d) that if You have not paid the balance of the Rental Fees by the date specified, You will be deemed to have cancelled the booking under clause 7.2 and 7.3.
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 The Booking Deposit, Booking Fee, Rental Fee, Administration Fee and Housekeeping Bond Waiver 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. Housekeeping Bond
6.1 The Housekeeping Bond is the maximum amount chargeable to You in respect of any damages 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 at clause 6.9.
6.4 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).
6.5 You can opt to pay a Housekeeping Bond Waiver, which is a non-refundable payment that covers You for damages and other costs incurred up to the value of the Housekeeping Bond.
6.6 In the event that any of the costs identified exceed the Housekeeping Bond, 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.
6.7. If any such damage necessitates an insurance claim by The Owner, the Guest may be contacted directly by the insurer to recover the cost of the claim.
6.8 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;
6.9 The Housekeeping Bond may be 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 £10 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 £50, 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 unauthorised early arrivals and/or 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.
7. Cancellation of Booking
7.1 You agree that all cancellations shall be in writing (which can be an email or letter).
7.2. If You cancel the booking the following provisions will apply:
- for cancellations 42 days or more before the Start Date, We shall retain the Booking Deposit,
- for cancellations between 41 days and 28 days before the Start Date We shall retain 60% of Rental Fees;
- for cancellations between 27 days and 14 days before the Start Date We shall retain 80% of Rental Fees;
- for cancellations between 13 days and 0 days before the Start Date We shall retain 100% of Rental Fees
- in all cases the Booking Fee is non-refundable, and;
- any other monies paid to us will be returned to You.
7.3 Any refunds will be on to the payment card You paid on.
7.4 The day We receive the cancellation in writing is the day We cancel Your booking with the Owner.
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 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 and Check-in or Arrival Times
9.1 Rental of the property commences at the time stated on the Website on the Start Date and ends at 10.00am on the last day of the Rental Period.
9.2 Parking spaces must not be occupied before the rental commences and must be vacated at 10.00am on the last day of the Rental Period.
9.3 Unless stated 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.
9.4 The Rental Period cannot be extended either by early arrival or late departure 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 Website 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.
(c) 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);
(d) 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;
(e) 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;
(f) not smoke or vape at the Property (including on any balconies or patio areas). We have a no smoking rule at all Properties;
(g) exercise great 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 damage is caused that cannot be cleaned a deduction may be made from the Housekeeping Bond;
(h) not block or otherwise damage the taps, baths, wash basins, toilets, cisterns, drains or pipes serving the Property;
(i) 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;
(j) 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;
(k) 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;
(l) not light or permit any naked flame or candle at the Property except fitted gas hobs where these are present;
(m) not park any caravan, camper van, boat trailer or erect any tent at the Property without obtaining our prior written consent;
(n) only park vehicles in the designated parking spaces provided, such vehicles to be parked at Your own risk;
(o) not to take towels provided for Guest use to the beach or other outdoor location;
(p) ensure that barbeques are left clean for the next Guest to use at Properties where these are provided;
(q) not use the Property for any illegal or immoral purposes;
(r) 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;
(s) 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;
(t) 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;
(u) 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
(v) 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 Housekeeping Bond.
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 Where a dog is permitted at a property there may be certain restrictions on the size and quantity of the dog(s).
12.3 If dog(s) are permitted at the Property, You agree:
(a) that You are deemed responsible for the actions and/or inactions of the dog;
(b) not to allow dogs in bedrooms and to keep dogs off all furniture, beds and soft furnishings;
(c) that kitchen and dining items will not be used for dogs;
(d) that dogs will be towelled thoroughly before coming indoors after spending time on beaches or on rainy days, using towels provided by You;
(e) that dogs will be kept under control at all times and will not be or cause any nuisance to any person;
(f) that dogs will not make or cause any noise which is heard outside of the Property
(g) to not leave dogs alone in a Property at any time, and;
(h) to pick up after dogs at all times and to take exceptional care to check garden areas when You leave the Property.
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 We reserve the right to deduct the cost of any damage, or extra cleaning that has been made necessary by Your dog/s, from the Housekeeping Bond if these restrictions are not adhered to.
12.6 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 12.3
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, bedding requests, guest notes, 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 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 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.
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) 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, 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.
Last updated 09/04/2020. If you booked before this date you have agreed to our previous Terms which can be found on the Confirmation Invoice attached to your booking confirmation email. Alternatively please contact us for a copy.
Forever Cornwall Limited, Admiralty House, Bank Place, Falmouth, Cornwall TR11 4AT
Registered in England No 08013534