1.1 Mevagissey Holiday Cottages is the trading name of Mevagissey Telecottage, Mevagissey House, Vicarage Hill, Mevagissey, Cornwall PL26 6SZ.
1.2 Customers renting property through Mevagissey Holiday Cottages are referred to as 'the Guest'.
1.3 Mevagissey Holiday Cottages act as agent for the owners of the property (hereafter referred to as 'the Owners' or 'the Owner'). The rental arrangements are made by Mevagissey Holiday Cottages, on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
1.4 Mevagissey Holiday Cottages will, on request, provide the name and address of the Owners of any property which the Guest has booked.
2. Duration and Times of Rental
2.1 Rentals are for a maximum of four weeks and commence from 5.00 pm on the first day of the rental and end at 9.00 am on the day of departure unless otherwise notified. This period is hereafter referred to as 'the Holiday'.
2.2 The period booked will be stated on the Booking Confirmation provided to the Guest when they book and cannot be exceeded unless Mevagissey Holiday Cottages give written approval. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension.
3.1 If a booking is made six weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
3.2 If a booking is made less than six weeks before the Holiday is due to start, the full rent, plus any additional charges, must be paid at the time of booking.
3.3 Should Mevagissey Holiday Cottages not accept or reject a booking request, the rent and any additional charges paid by the Guest will be refunded immediately.
4. Final Payment
4.1 Unless otherwise agreed by Mevagissey Holiday Cottages in writing, the price for the Holiday shall be the rent for the property as set out in the Mevagissey Holiday Cottages Brochure ('the Brochure') at the time of the booking.
4.2 Subject to condition 6, as soon as the booking is received and accepted by Mevagissey Holiday Cottages, the Guest is liable for payment of the balance of the rent, along with any additional charges.
4.3 Payment of the rent and additional charges are payable to Mevagissey Holiday Cottages six weeks before the start of the Holiday ('the Due Date') and non-payment by the Due Date may be treated as a cancellation.
4.4 If payment is not received by the Due Date, then the Guest will lose their booking and the deposit will be forfeit.
4.5 Mevagissey Holiday Cottages do not and shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
5. Changing a Booking
5.1 Once a booking has been accepted by Mevagissey Holiday Cottages, the booking can only be changed to another property by treating the original booking as a cancellation (see condition 6).
5.2 The dates of the Holiday may be changed providing the property is available for the new dates and the Owners accept the change. The rent for the new dates may differ from the original booking - any difference will be confirmed before the new booking is confirmed.
6.1 A booking can only be cancelled prior to the start of the Holiday; this must be confirmed in writing.
6.2 On receipt of notice of a cancellation, we will seek to re-let the property for the period of the cancelled booking. If we are unable to re-let the property, no monies paid up to the date of cancellation will be refunded. If we are able to re-let the property, we will make a refund of monies paid less a 5% fee, which will be deducted directly from the refund.
A booking is a legally binding contract, and guests cancelling a booking will lose any monies paid, subject to our terms and conditions. Cancellation insurance is strongly recommended. Mevagissey Holiday Cottages takes bookings via its website, over the phone, via email requests, and from guests in person. Any person wishing to book a holiday via any of these methods acknowledges that such a booking is made subject to our terms and conditions.You may only request a booking if you agree to these terms and conditions. By requesting a booking you are deemed to have accepted these terms and conditions as governing your booking.
It is your responsibility to read the terms and conditions each time you request a booking and any such request shall signify you have accepted to be bound by the latest set of terms and conditions.
7. Optional Extras
Where the property being rented has optional extras, they are listed on the Web site and will be charged at the rates shown.
Under-occupancy or late availability discounts, if applicable, can only be applied at the time of booking. Guests claiming an under-occupancy discount are obliged to inform us if the number of guests increases, and if the discount is no longer applicable the guests are liable to repay the discount. Prices of un-sold weeks may increase or decrease depending on demand and current offers/discounts. New discounts cannot be back-dated to existing bookings.
9. Price Changes
9.1 Mevagissey Holiday Cottages reserves the right to amend prices quoted on the Web site due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
9.2 Subject to condition 22, any changes in the rate of VAT will be borne by the Guest.
10. Method of Payment
Payments can be made online, by cheque, credit card, debit card, electronic bank transfer or postal order. Cheques or postal orders should be made payable to 'Mevagissey Holiday Cottages ' and can only be accepted up to two weeks prior to the holiday. Post-dated cheques are not acceptable. Any charges raised against Mevagissey Holiday Cottages by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse Mevagissey Holiday Cottages within seven days of receipt of notification from Mevagissey Holiday Cottages.
11. Overseas Bookings
Overseas Guests may pay online, by cheque drawn on a UK bank, Mastercard, Visa, Maestro or by international electronic transfer. Any charges for payments from overseas will be passed on to the Guest.
Bookings will not be accepted from:
groups of single people under the age of 25.
all male or all female parties of more than three people.
13. The Holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. The Guest's Obligations
The Guest agrees:
to pay for all gas, electricity, fuel and telephone charges incurred during the Holiday unless included in the rent; no electrical appliances (other than radio's, mobile phones, portable computers or other small consumer electrical devices) may be brought onto the premises without the owners express permission;
to pay for any losses or damages to the property caused by the Guest or a member of their party (reasonable wear and tear excluded), including the cost of replacing lost keys and changing locks.
to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. A cleaning service is not provided during the Holiday unless otherwise specified. Should the Owner be dissatisfied with the condition of the property upon the Guest's departure, they may refuse to take a booking from that Guest again. If a Guest is excluded from any property, then Mevagissey Holiday Cottages have the right to refuse any more bookings from that Guest, at any other property; to permit the Owners and Mevagissey Holiday Cottages reasonable access to the property; not to part with possession of the property, or share it, except with members of the party shown on the Booking Form;
not to sell or transfer the booking to another party without Mevagissey Holiday Cottages' agreement;
not to exceed the total number of people stipulated in the property description - a cot may only be occupied by a child aged 12 months or less; if an under-occupancy discount is claimed, the guest must inform Mevagissey Holiday Cottages if the number of guests increases;
not to cause an annoyance or become a nuisance to occupants of adjoining premises.
15. Non-availability of a property and cancellations of your booking by us or the Owners
15.1 The owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these conditions that is caused by an event outside of their control.
15.2 If an event outside of their control takes place that affects the availability of the property during the rental period, the customer will be contacted as soon as reasonably possible and the owner’s obligations under these conditions will be suspended and the time for performance will be extended for the duration of the event outside of their control. At Mevagissey Holiday Cottages we define an event outside of our control as an event or act beyond our or the property owners reasonable control, including but without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3 We may cancel your Booking on an Owner's behalf if:
15.3.1 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property's water supply);
15.3.2 our agency agreement with the relevant Owner terminates due to a breach by the Owner.
15.4 An Owner may cancel your Booking due to circumstances or an event outside of their control. Please see paragraph 15.2 .
15.5 If we or an Owner cancels a Booking in accordance with paragraph 15.2, we may (but are not obliged to)
15.5.1 arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
15.5.2 obtain a refund from the relevant Owner of any amounts paid by you to that Owner in relation to the cancelled Booking.
16.1 Mevagissey Holiday Cottages will not be liable 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 Guest or any other person may suffer or incur arising out of, or in any way connected with the rental unless Mevagissey Holiday Cottages are responsible. In addition, the Owners and Mevagissey Holiday Cottages accept no liability for loss of or damage to the Guest's possessions on the Owners' property or land.
16.2 Nothing in these conditions excludes or limits the liability of Mevagissey Holiday Cottages or the Owners:
for death or personal injury caused by Mevagissey Holiday Cottages' or the Owners' negligence; for any matter which it would be illegal for Mevagissey Holiday Cottages or the Owners to exclude or attempt to exclude their liability.
17. Web site Descriptions
Some of the information on this Web site relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside Mevagissey Holiday Cottages' control. If Mevagissey Holiday Cottages is aware of any material changes to the Web site at the time of the Guest's booking, then they shall endeavour to inform the Guest of these changes.
8.1 All complaints must be notified to Mevagissey Holiday Cottages as soon as reasonably practicable, as Mevagissey Holiday Cottages may be required to carry out an on-the-spot investigation and if necessary, request the Owner to take remedial action.
18.2 If Mevagissey Holiday Cottages or the Owners are denied the opportunity of investigating the complaint within a reasonable time, or are denied the opportunity to put matters right during the Holiday, or a guest refuses an offer of alternative accommodation, then this may result in a reasonable reduction of any compensation which may be payable to the Guest arising out of a valid complaint.
18.3 Mevagissey Holiday Cottages is a member of the English Association of Self Catering Operators and Guests have the reassurance of knowing that in the unlikely event of a complaint that cannot be resolved, Guests can use the EASCO dispute resolution service, a low cost independent arbitration scheme.
19.1 Pets are only permitted with the prior consent of Mevagissey Holiday Cottages and the Owners and where pets are permitted, they are to be kept under control and exercised off the premises.
19.2 Pets are not permitted in the bedrooms or on the furniture and neither Mevagissey Holiday Cottages nor the Owners can accept responsibility for their safety. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. A weekly charge will be made for each pet.
19.3 Where the description of a property states 'no pets' or otherwise restricts the keeping of pets at the property, Mevagissey Holiday Cottages or the Owners cannot guarantee that properties that do not accept pets have never had a pet occupying the property.
19.4 Mevagissey Holiday Cottages welcomes assistance dogs, but where a property does not ordinarily accept a dog, Mevagissey Holiday Cottages (as an agency acting on behalf of the Owner) must seek permission from the Owner before confirming the booking.
Where an inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of arrival, otherwise the inventory will be deemed to be correct.
A change of linen and towels is provided between Holidays and weekly during Holidays. Beach towels are not provided and Guests should bring their own.
Many of the Owners of properties on the Mevagissey Holiday Cottages Web site are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the weekly rent.
23. Breach of Contract
23.1 If there is a breach of any of these conditions by the Guest or any of their party, the Owners or Mevagissey Holiday Cottages reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
23.2 If there is a breach of any of these conditions by Mevagissey Holiday Cottages or the Owners, then the Guests have the right to end the Holiday and leave.
23.3 Ending the Holiday by either Mevagissey Holiday Cottages, the Owner or the Guest does not affect that party's other rights and remedies.
24. Governing Law and Jurisdiction
Any dispute will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts.
25. Authority to Sign
The person who completes the Booking Form certifies that:
he or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date; the signatory is over eighteen years of age and a member of the party intending to occupy the property; agrees to take responsibility for the party occupying the property.
he or she has read the property description, booking information and FAQ's and has ensured that the property is suitable for the needs of their party.
In case of a discrepancy between these Booking Conditions and any other contents of a Mevagissey Holiday Cottages Web site, these Conditions shall prevail, but this shall not limit Mevagissey Holiday Cottages' liability for failure to supply the accommodation as described on the Web site.
27. Previous Web sites
This Web site and these Booking Conditions replace and supersede all previous Web sites and Booking Conditions.
28. Validity Clause
In the event that a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Booking Conditions, which will continue to be valid and have full force and effect.