TERMS & CONDITIONS 2009/10

PRICE
1. Prices are for a 7 night stay starting on Saturday.
2. Deposit of £50 required at time of booking.
3. 10% reduction on basic price for previous guests
4. Full payment due 8 weeks before arrival.
5. Cancellations must be covered by the client's personal travel insurance cover.
6. Monies will not be refunded after full payment has been paid unless a substitute booking is made..

DOGS (no other pets permitted)
Dogs £15 each.
Puppies, bitches in season and incontinent dogs not accepted (dogs must be 1 year plus)
Dogs are not to be left in the cottage alone.
Dogs must be exercised outside the property.
The owner reserves the right to inspect the property at any time during a rental.

HEAT, LIGHT, WATER (UTILITIES)
Additonal heating charge of £20 per week from September to the end of April inclusive for heat, light and water (pro rata for additional days)
Additional heating charge of £10 per week from May to August if heating is required.

1. BOOKING
In any agreement made to rent the property the clients will select a Party Leader (referred to as "Party Leader" in the contractual arrangement) to act on their behalf and the nominated person will be the person to whom all corespondence will be addressed and who will act on behalf of other members of the Party with their agreement.
(a) All offers and bookings are subject to availability. The Party Leader must be at least 25 years of age at the time of booking and must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. By making the booking, the Party Leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The Party Leader is responsible for making all payments due to the Owner. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Owner issues a written confirmation (see below) to the Party, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Owner has the right to refuse any booking prior to the issue of your written confirmation.. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Owner immediately.

Please note the Owner will provide you with your written confirmation either by post, electronically or by email. If you book by email a booking form for completion will be sent to the Party Leader. When this is returned suitably completed, your booking will be confirmed by email and by post. . All references to "your written confirmation" therefore means confirmations provided by post, or by email as applicable. It is your responsibility to check your emails regularly and to advise of any change to your email address.

(b). When you book a property through the Owner you enter into a contract with the Owner of the property. References to "you" and "your" mean the person making the booking (the "Party Leader") and all members of the holiday rental party who have been accepted by the Owner (including anyone who is added or substituted at a later date but who must be notified for acceptance before arrival). These Booking Conditions are set out as the basis of your contract with the Owner. Nothing in these Booking Conditions affects your normal statutory rights.

2. Paying for your property
When you book your property you should pay the amount then due by sending a cheque to the Owner. Providing the booking can be confirmed, the Owner will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Owner no less than 8 weeks before your arrival date at the property. If you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking. All prices quoted in the brochure or on the website or otherwise advised to you are inclusive of basic rental (surcharges as stated above are in addition or any additional taxes or levies that may be introduced which affect the price of your holiday, you may be required to pay the extra amount - likewise any tax reduction made will be refundable).
If you cancel you must also pay all other applicable cancellation charges. Please refer to Sections 3 and 7 for details regarding cancellations. If any payment you make is not honoured for any reason whatsoever, the Owner is entitled to make an administration charge of £25. If any payment due in relation to your booking is not paid by the appropriate date, the Owner is entitled to assume that you wish to cancel your booking. In this case, the Owner will be entitled to keep all monies paid or due at that date. The Owner will normally send out a reminder to you before your booking is cancelled. If the Owner does not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Section 7 depending on the date the Owner reasonably treats your booking as cancelled.

3. Cancellations or changes to your booking by the Owner
The Owner does not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Owner will contact the Party Leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change. If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, the Owner will, if possible and as soon as reasonably practical, notify the Party Leader and help to find alternative accommodation. As the alternative property is likely to be owned by a different Owner to that of the original property booked, the advertised cost of the alternative property will be payable by the Party Leader. Obviously, if the alternative property is advertised at a lower price, you will receive a refund (if you have already paid the balance of your total holiday cost) of the price difference. If you do not wish to accept a significant change or any alternative property offered or the Owner cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund of all monies paid to the Owner. So as to keep any period of uncertainty to a minimum, the Owner will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The Party Leader should tell the Owner as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the Party Leader fails to tell the Owner that they wish to accept any change or alternative property the Owner is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Owner. Please note the above options are not available where any change made is a minor change. Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from "force majeure" (please refer to Section 4 below) or where you have refused, without good reason, to accept an alternative property you have been offered. Please note, no compensation is payable for minor changes. No compensation is payable and the above options will not be available if the Owner cancels your booking as a result of your failure to comply with any requirement entitling the Owner to cancel (such as paying on time). A minor change is a change which, taking into account the information you gave at the time of booking or which the Owner can reasonably be expected to know, the Owner could not reasonably expect to have a significant effect on your confirmed booking.

4. Circumstances beyond the control of the Owner/ (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, the Owner shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner to perform or properly or promptly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of the Owner (referred to as "force majeure" in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the the Owner will refund to you all monies paid by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by the Owner to you.

5. Brochure and Website details
The Owner aims to ensure that the information provided is accurately conveyed in brochures, on the websites and other promotional literature or material produced and circulated. However, the information and prices in brochures/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of brochures/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Owner at the time of booking. There may be small differences between the actual property and its description, as the Owner is always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Owner will tell the Party Leader as soon as reasonably practical when they become aware of the situation. The Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in advertising material.. The Owner will make reasonable efforts to ensure that information supplied to you in relation to the property or its facilities and/or services is accurate and complete as at the date given.

6. Liability
The Owner shall have no liability for any death or personal injury unless it results from the Owner's negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment) Please also refer to Section 4 (Force Majeure) above.

7. Changes or Cancellations to your booking
(i) Changes
If you want to change your booking once your confirmation has been issued the Owner will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made an administration fee will be payable to the Owner to cover costs of implementing or an increase in charges. However, it is important to realise that a change of property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. The Owner will advise the Party Leader if this is the case when the change is requested. The Party Leader must then inform the Owner as soon as reasonably possible whether they still wish to change the booking. If the leader advises the Owner that they accept or the Party Leader fails to contact the Owner as soon as reasonably possible, the booking will be treated as having been cancelled. So as to keep any period of uncertainty to a minimum, the Owner will, whenever reasonably possible, communicate with the leader by telephone and the leader is required to do the same.
(ii) Cancellations
If the party booking has to, or wishes to, cancel the booking, the Party Leader must telephone the Owner on the number shown on your booking confirmation as soon as possible. The Party Leader must also immediately confirm the cancellation in writing sent by recorded delivery to the Owner at the address shown on the booking form. The day the Owner receives your telephone notification of cancellation is the date on which the booking is cancelled. Depending on the reason for cancellation, the Party Leader may receive a refund of all monies you have paid to the Owner for your booking (including all booking fees but excluding any amendment charges, and credit card charges you have already incurred. The Owner will also retain a cancellation administration fee of £35 per week or per part week per booking.) Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis. To qualify for a refund the reason for cancellation must be one of the following, must apply to a member of the party, and with the exception of pregnancy must have occurred after the holiday was booked and must prevent a person(s) in the party from taking the holiday. Please note that there is no refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home - Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; a member of the party's presence is requested by the Police, following a burglary at their home or place of business, during the period of their holiday or within the preceding 7 days; their unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source); or compulsory quarantine. It may also be possible to receive a full refund if the party are unable to reach the holiday destination due to snow or flood conditions or as a result of being involved in an accident en route (NB: This only applies if the party has made every effort to attempt to complete the journey. Evidence will be need to be produced from the Police, RAC or AA). Although a refund is available in these circumstances the party may prefer to delay the arrival. In these cases a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% An Owner's Cancellation form may require signing by a Medical Practitioner or employer and in which the Owner may request further information from a third party. The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to. Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, eg: dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, a cancellation charge will be payable, based on the number of days before the arrival date at the property that the Company receives notification of your cancellation, as shown in the following table. This means that if the party has paid the balance of the total holiday cost and then have to, or wish to, cancel, the party may receive a refund of part of such cost. However, if the total holiday cost has not been paid by the time of the cancellation, it may be a requirment for the party to make a further payment by way of cancellation charge. For the purpose of the table below, cost means the total cost of the booking, including any extra items such as booking fee, credit card charges and administration fee paid for making any change. Please note that insurance premiums, booking fees, credit card charges and administration fees are not refundable in the event of cancellation.

8. Non UK Bookings
(i) If the party lives outside the UK they must book with the Owner direct and the same conditions apply.
A sterling/euro deposit of £100 will be required on arrival and will be refunded after a satisfactory inspection of the property on departure.
(iii) Curtailment of holiday
A refund as set out above is also available if the party's holiday is cut short for any of the qualifying reasons set out in (ii) above. In this case, the party will be reimbursed for the appropriate proportion of the holiday charge. This only applies if the property is vacated by all persons in the holiday party. Where the holiday is curtailed for medical reasons affecting any persons in the party, a certificate will need to be produced from a local doctor in the vicinity of the property confirming the necessity of returning home.

9. The rented Property
Arrival time can be at any time after 1600 hours (unless advised otherwise, for example on the confirmation) on the start date of the holiday rental and departure must be by 9.30am on the last day. If arrival will be delayed beyond 2000 hours on the start date of the holiday rental, the Owner must be contacted on the details given on the location guide. Failure to do so may mean the party is unable to gain access to the property.Failurel to arrive by 12 noon on the day after the start date of the holiday rental and the Owner has not been advised of late arrival, the booking may be treated as having been cancelled by the party. No refund of any monies paid by the party (leader) will be made in this situation. Where a security deposit applies advice will be given of the amount at the time of booking. The security deposit will be refunded by the Owner at the end of the holiday rental (less any costs for breakages, damage etc if applicable - see below). All members of the party must agree both to keep the property clean and tidy and to leave the property in a similar condition as was found upon arrival. All members of the party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by the Owner. The party are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by the members of the party, and the Owner can require payment from the to cover any such costs. The Owner is entitled at his/her sole and absolute discretion to repossess or to refuse to hand over to you, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by all or any of the party or any members or your party. These circumstances will be treated as a cancellation by you. No more people are allowed to occupy the property than the confirmation booking states, neither can a significant changebe made to the composition of the party during the contracted occupation of the property, nor can a dog be taken into the property unless this has been arranged in advance and is shown on your confirmation (pet=dogs only) . If any of these things are done, the Owner can refuse to hand over the property, or can repossess it. If the Owner does so, this will be treated as a cancellation by the Party Leader and party. In these situations no refund of any monies aid in respect of the booking will be made and neither the Owner will have any liability to the Party as a result of this situation arising (including for example any costs or expenses incurred due to not being able to occupy the property, such as incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to the Party). The Owner will also not be obliged to find any alternative accommodation for the Party. If a pet (pet=dog only) is with the Party, it is not allowed in bedrooms, on beds or furniture.. Pets (pets=dogs) should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden. Customers with allergies should be aware that it cannot be guaranteed that a dog has not stayed in their property nor can the Owner accept any liability for any suffering which may occur as a result of a dog having been present. You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during the Party's occupation of the property (except in cases of emergency or where a problem needs remedying quickly and the Party cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving prior notice).
External noise caused by the occupants of Poltor Cottage after 2230 hours and before 0730 hours will not be regarded as acceptable in consideration of neighbouring properties. Any breach of this condition will be taken as forfeiture of occupancy. Immediate notice will have to be given.

10. Complaints
Every effort is made to ensure that the Party has an enjoyable and memorable holiday. If, however, there is any cause for complaint the Owner is anxious that remedial action is taken as soon as possible. It is essential that a member of the Party contact the Owner immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified. Discussion of any criticisms with the Owner whilst the Party is in residence will usually enable short-comings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst the Party is in residence. No complaints will be considered after 21days of vacating the property.

11. Communicating With You
In order to process your booking the Owner will need to collect certain personal details from you, for example names and addresses of party members, payment details, special requirements such as those relating to any disability or medical condition which may affect any party member's holiday arrangements.. If the Owner needs any other personal details from the Party the Party Leader will be informed. The Owner may need to pass on your personal details to other suppliers such as your bank, and such individuals, companies and organisations which may be outside the European Union, Norway, Iceland and Liechtenstein. Data protection legislation in those countries may differ from that in the UK. The Owner also needs to process and store your personal details for their own administration, market analyses and operational reviews. The Owner would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which the Owner feels may be of interest to you). All details you give to the Owner at any time will be kept in paper format, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information. If you do not wish to receive any or all of the communications set out in this Section, then please let the Owner know as soon as possible by telephone, letter, or e-mail. The Owner is entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to the Owner or subsequently. You are generally entitled to ask the Owner (by letter or e-mail) if and how they are processing your personal details. . The Owner may also record or monitor telephone calls to and from without notification for security purposes.

12. Law
The contract between the Party/Party Leader and the Owner is subject to British law and no other, It is agreed that any dispute you may have with the Owner will be dealt initially through arbitration or through the small claims' courts or finally by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of Scotland or Northern Ireland respectively.

13. Your rights
Your statutory rights are not affected by anything contained within these Booking Conditions.

14. Booking Conditions
These Booking Conditions were made July 2009 and prices and booking conditions may change from this edition. Prices and booking conditions may be superseded by subsequent editions.

The Owner
Poltor
Penpillick
Cornwall
PL24 2RU
017777687607
email info@cornwallcottagerental.com

Feb 2010