Booking Terms and Conditions

Property Information

Booking Terms and Conditions

These terms are between you and us.

1. DEFINITIONS

When the following words with capital letters are used in these Terms, this is what they will mean:

1.1 When we use the words “writing” or “written” in these Terms, this includes email but does not include facsimile or any messaging service or platform.

1.2 Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

1.3 If any of these Terms conflict with any term contained within the Booking Confirmation, these Terms will take priority.

2. OUR CONTRACT WITH YOU

2.1 Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) are complete and accurate before you submit the Booking Reservation.

2.2 These Terms will become binding between us once we issue you with the Booking Confirmation.

2.3 Your Booking is accepted only once we issue a Booking Confirmation.

2.4 The maximum number of people who can stay in the Property under the terms of the Booking will be confirmed in the Booking Confirmation but shall not exceed the maximum occupancy of the property.

2.5 You agree not to arrive at the Property before the Arrival Date and to depart from the Property no later than the Departure Date. The Property will not be available at any time outside of the times reserved by you and set out in the Booking Confirmation and you may be charged if you do not leave by the agreed time on the agreed Departure Date.

2.6 All illustrations, photographs and other imagery displayed are for illustrative purposes only and décor and layout are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.

2.7 As lead for the Group, you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.

2.8 The Property is provided for holiday letting purposes only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any:

2.8.1 a tenancy;

2.8.2 the right to sub-let the Property in part or in whole;

2.8.3 an assured shorthold or tenancy (AST); or

2.8.4 any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.

3. ENJOYING THE PROPERTY

3.1 Access to the Property is subject to adherence to these Terms and House Rules, which are contained below and in a separate document and form part of these Terms.

3.2 Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage, guidance on use, safety or operational instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.

3.3 During your Booking at the Property, you shall take proper care of the Property and its contents during your Booking you may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which they are found at your Arrival Date. You shall report to us any damage, destruction, loss, defect, or disrepair affecting the Property as soon as it comes to your attention, to allow us to investigate and take steps to rectify where deemed necessary.

3.4 Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity.

3.5 Any recommendations for third party services, establishments and amenities made by us are our personal recommendations only and do not guarantee any level of service or quality.

3.6 It is your sole responsibility to ensure that the Property is suitable for you and your Group’s needs ahead of making your Booking Reservation.

3.7 We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property.

3.8 We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople), reserve the right to enter the Property at any time for the purpose of inspection or to carry out any repair deemed necessary to the Property or its contents.

3.9 All belongings and vehicles are left at the Property at your own risk. Please ensure all of your belongings are removed by the Departure Date as the return of any of your lost property cannot be guaranteed and will incur charges to post to you.

3.10 There is no electric vehicle charging facility at the Property. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the Property (indoors or anywhere on the Property). Information regarding the nearest public charging points can be found via ZAP-MAP.COM

3.11 Third party providers (e.g. caterers, private chefs, entertainers etc.) are not permitted at the Property without our prior written permission.

3.12 With the recent and pending increases in the costs of utility bills we would ask all guests to be thoughtful around the use of heating, gas and electricity. A standard cost per day is included within your booking, any costs beyond this will be chargeable and deducted from the damage deposit within 7 days of departure

4. PETS

4.1 Only Permitted Pets or registered assistance animals are permitted to stay in the Property.

4.2 Where pets that are not permitted but have been brought with you for the Booking, we reserve the right to request immediate departure.

4.3 We reserve the right to refuse admission or request immediate departure from the Property to anyone who their Permitted Pet is considered to be, in our sole discretion, a nuisance or danger to others. No refund will be due.

4.4 You will be liable for any damage caused by animals or parasites introduced by your Permitted Pets.

4.5 We are not liable for any allergies that are affected as a result of pets present in a previous occupancy.

4.6 Pets are not to be left unattended at the property at any time.

5. PRICE AND PAYMENT

5.1 The Booking Price will be based on your Booking Reservation and confirmed in your Booking Confirmation.

5.2 Where your Booking Reservation is before the Balance Due Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.

5.3 Where your Booking Reservation is made after the Balance Due Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.

5.4 No entry to the Property will be permitted where payment of the full Booking Price has not been made.

6. OUR LIABILITY TO YOU

6.1 No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.

6.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.

6.3 We make the Property available for domestic and private use only. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.4 We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.

7. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

7.1 We strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.

7.2 You may cancel a Booking before the Arrival Date by contacting us in writing using the Contact Details. A Cancellation Fee will be charged if you cancel your booking.

7.3 Your liability for Booking Price is dependent on the Property and period of notice that you give us, as set out below. The time and date of the cancellation is when we receive written notice from you.

7.4 We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.

7.5 If you cancel your Booking, we will try and re–let the Property. If we are able to re-let the Property, we will refund money paid less our administrative costs and subject to any difference in price between the Booking Price and the re-let price.

7.6 Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you.

7.7 If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation on the arrival date and will not be refundable. For example: self-isolation or quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport will all be treated as cancellation by you in accordance with this clause.

8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

8.1 We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control. We will promptly contact you if this happens.

8.2 If we have to cancel a Booking under clause 8.1 and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full.

8.3 We may cancel your Booking at any time with immediate effect by giving you written notice if you:

8.3.1 do not pay us when you are supposed to; or

8.3.2 breach the contract in any other material way, including but not limited to any of the terms of clause 3 or the House Rules.

We shall not be liable for any refund if we cancel the contract under 8.3.2.

9. EVENT OUTSIDE OF THE PARTIES CONTROL

9.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9.2 An Event Outside our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption. An Event Outside our Control also includes extreme weather (including but not limited to snow and ice, high winds and flooding).

9.3 In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided us.

9.4 Should an Event Outside our Control occur which means the Property cannot be provided to you, we will let you know as soon as possible so a refund can be arranged for you.

10. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us in accordance with our Privacy Policy https://www.ownercottageholidays.com/privacy-policy

11. CHANGES TO BOOKING OR TERMS

11.1 We may revise these Terms from time to time.

11.2 If we have to revise these Terms under clause 11.1, we will give you at least fourteen (14) days written notice of any changes to these Terms before they take effect, or as much notice as possible where your Arrival Date is less than fourteen (14) days before the date of the change.

11.3 If you wish to change the dates of your Booking or amend your Booking in any way, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under these Terms to another individual or legal entity, but this will not affect your rights or our obligations under these Terms.

12.2 Except for you and us, no other person shall have any rights to enforce any of these Terms.

12.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.4 If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.

12.5 These Terms are governed by the law of England and Wales. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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Important - Please Note 

· Check in: 4:00pm 

· Check out: 10:00am 

· No smoking inside or outside the property (including e-cigarettes)  

· No parties/events/stag/hen 

· No EV charging – nearest point found in Fowey Car Parks or via zap-map.com

· Video doorbell in situ by the front door, covering main entrance and steps to the street.

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Property Information 

What will be provided? 

There will be some basics; tea, coffee, sugar, condiments, alcohol, toilet roll for each WC, washing up liquid, dustbin bags, cleaning materials. Sometimes just enough to get you started, sometimes enough to last the week, please replace anything that runs out ready for the next guests. See also the kitchen inventory below: 

• Set of saucepans and wok 
• Frying pans, large and small 
• Oven trays (roasting, baking) 2 of each 
• Set of sharp kitchen knives (bread, carving, vegetable, chopping), carving fork and dish 
• Set of kitchen utensils (slotted spoon, ladle, masher, slice, serving spoons, wooden spoons or equivalent, potato peeler) 
• Coffee maker (cafetiére, electric, etc) 
• Crockery (dinner plates, side plates, bowls, mugs, egg cups, cups and saucers) 
• Colander 
• Chopping boards – large and small 
• Cutlery (knives, forks, spoons, teaspoons, serving spoons) 
• Glassware (wine glasses, tumblers large and small, flutes) 
• Place mats or table cloth 
• Fire blanket 
• Grater 
• Ice tray 
• Jugs (water, measuring, milk) 
• Kettle 
• Kitchen scissors 
• Corkscrew and bottle opener 
• Mixing bowls (large and small) 
• Oven dishes (casserole, oven to table), pie dishes 
• Oven gloves 
• Storage containers – mixed sizes (min 3) 
• Teapot 
• Tea towels (minimum 2), hand towel 
• Tray 
• Tin opener 
• Toaster  
• Refuse bin with lid 
• Whisk 

Accessibility 

Fimbarr’s Reach is a town house spread over 4 floors and is situated in Fowey which is banked on the sides of the river Fowey which may mean this is not a suitable destination for everyone. 

The Old Rectory is a large Grade II listed house spread over 2 floors and is situated in Purleigh which is at the top of a hill which may mean this is not a suitable destination for everyone. 

Our accessibility guide can be found at the footer of our website.

Allergies 

If you have allergies to pet hair, feathers, etc. do not assume that a property which does not take pets will never have had a pet (an assistance dog for instance), nor that the bedding provided will be synthetic. It is always best to check with us first. 

Some Baby equipment is available, please contact us.

Changeover days 

The normal changeover day is Saturday but other days may be possible, please ask if you require alternative days.

Changeover times 

Changeover times are between 10.00 a.m. and 4.00 p.m. (in other words you can occupy from 4.00 p.m. ‘in' on the day of arrival and must leave by 10.00 a.m. ‘out' on the day of departure) This enables the housekeeper to make sure that the property is completely ready for you so please do not attempt to gain access earlier than these times. 

Code of Conduct  

For the duration of your stay at the Property, you will be responsible for the Property and will be expected to take all reasonable care of it. The Property and all equipment and utensils must be left clean and tidy at the end of the hire period. If the Property is not left clean and tidy, any additional cleaning costs will be charged to the Hirer. Should there be any specific health or mobility difficulties which may affect a party member; this must be pointed out at the initial reservation stage so that the suitability of the Property can be assessed. The Property (including any car parking spaces) must be vacated by 10.00 am on the day of departure. Late departures will be charged at £15 for very 15 minutes late.

Children must be supervised by responsible adults at all times.  

The Property is located in a residential area. We ask that nothing interferes with the enjoyment of your neighbours. Please do not do anything that is likely to inconvenience your neighbours especially during the hours of 10:30pm, and 7:30am.  

In the event that any member of your party behaves in a way that is likely to cause distress, danger or annoyance to any other holidaymakers or residents the Owners reserve the right to terminate your contract immediately and forthwith with a requirement to vacate the property immediately. The Owners will not be liable for any costs you will incur, nor shall we pay any compensation, nor make any refunds due to this action.

Directions 

Once you have paid the balance payment for your holiday, we will send you directions for key collection and how to get to the property. We also try to include some useful local information. It is important to bring these directions with you because the instructions are very detailed, and it is sometimes hopeless to try and find your property without them.

Video Doorbell and Security Cameras

There is a video doorbell next to the front door covering the main entrance and steps down to the street at Fimbarr’s Reach and a video doorbell and security cameras covering the driveway at the Old Rectory. Please refer to our Privacy and Data Policy for more information on how we collect, store and use any personal data.

Side Access 

Side access for Fimbarr's Reach is restricted so please use only in exceptional cases and please do not store items there. 

Rubbish Collection 

Bins are emptied early on:

· Tuesday morning for Fimbarr’s Reach

· Tuesday morning for the Old Rectory

Please have your rubbish out the night before. Seagulls and other wild animals are renowned for raiding bins so please put everything in the bins provided and ensure the lid is securely on! 

Laundry 

Our cleaners no longer require you to strip the bedding before you leave. If you wish to do so, please leave the used bedding in its own bedroom on the bed and any towels/bath mats in the bathroom

Electricity and fuel 

These are included in the rent (see Utilities Surcharge In Terms and Conditions). Logs are not usually included for woodburning stoves.  

The consumer board is located in the pantry cupboard next to the side door on the lower ground floor at Fimbarr’s Reach and in the plant room next to the breakfast room at the Old Rectory.

Internet access 

Our property includes Wi-Fi. Code can be found in the welcome book. 

Please note that our property has a limit on the broadband usage. If you are likely to want to use the broadband quite a bit for downloading large files, such as music, TV programmes, games or films, then you should check before you book as to what the limit on the broadband usage is. Please note that exceeding the limit may incur extra charges.   

In addition, connectivity can occasionally be unreliable so you may experience times when there is either no signal or only a weak one. 

Inviting friends 

The property is for the use of your party only and numbers in the property may not exceed those stated in the property details at any time. So, for instance, it is not acceptable to have friends who are staying on a campsite nearby visiting every day to use the facilities at the property nor for anyone to stay overnight. Of course, you can have friends to visit for a cup of tea but anything more than this should be checked with us first. 

Mobile phone reception 

· Mobile phone reception can be patchy. If you need to know whether mobile phone reception is good where you are going do check with your provider but you should be aware that, even where it is supposed to be good, it can vary from day to day depending on such things as the weather and whether you are standing inside a stone cottage! You can check on coverage on these websites: 

• Orange/EE 
• Vodafone  
• O2  
• Three Mobile 

Old properties 

Please be aware that, due to the maritime climate we enjoy, especially in Cornwall, a few properties - especially old or stone buildings - may suffer from a little damp or condensation (obviously exacerbated during wet or humid weather) despite our best efforts. These problems can usually be sorted by ventilation and/or heating. Also, older properties and those in the countryside will naturally attract spiders, ants, flies and other such harmless insects which the owner's housekeeper deals with on changeover day but which may re-appear during your stay. If they are a problem to you just pick up the telephone and speak to us. 

Pets 

 We are pleased to accept your well-behaved dog at Fimbarr's Reach, we are however, not able to accept pets at the Old Rectory (with the exception of registered assistance dogs) and we know how important bringing their dog on holiday is to some people. There are some simple common-sense rules which apply to your dog on their holidays: Where a dog is welcomed, please note that there are specific booking conditions. In essence these are: 

~ Don't forget to put them on the booking form/inform us if you are intending to bring them. 
~ Dogs must be kept under control, exercised off the premises and never left alone in the property. 
~ Dogs must be kept off the furniture and not allowed upstairs into bedrooms.  
~ Dogs must not mess in the garden; all "accidents" must be cleaned up. 
~ Dogs must be up to date with flea and worm treatment. 
~ You must clear any pet hair from floors and furniture. 

~ You must provide your own pet bed, blankets and towels 

~ We do not accept any pets other than up to 2 well-behaved dogs

You may also find that specific rules may apply (e.g. to be excluded from certain areas). You should be aware that we are unable to categorically guarantee that there has never been a pet at a particular property or in the grounds. Neither can we say for certain that a property described as having an enclosed garden is necessarily pet-proof (nor, for that matter, child-proof!). When you are deciding whether to bring your dog on holiday you should be aware that dogs are banned from some beaches in the summer. Please read the limitations on pets at the respective beach.

Problems 

Problems and difficulties should always be reported in the first instance to us immediately. Please don't suffer in silence; nobody will be able to help you unless you tell them straightaway. We will be pleased to put things right for you at once 

Before you leave 

• Please return the key to the key safe
• Please lock all doors and close all windows
• Log out on TV’s from Netflix etc to avoid future guests from inadvertently using your accounts
• Please leave the used bedding in its own bedroom on the bed and any towels/bath mats in the bathroom (see other notes on Laundry)
• Waste: At Fimbarr's Reach, there is no need to recycle as our waste collection service does this at their own site. Please dispose of any perishable foods and remove rubbish from the property using black bin liners only and place in the black outdoor bins provided. The bins can be found to the left-hand side of the front garden as you face the property. Please note the wheelie bins behind the gate belong to our neighbour so please do not use these. 
• Waste: At the Old Rectory, our waste collection service asks us to recycle. Orange bags are for plastics, tins, paper and cardboard. Food caddies are for food waste only, bottles and glass in the small open bin boxes outside the property and Black bin liners are for everything else. Please note the wheelie bins, bottle bin boxes and outdoor food caddy are located to the right hand side of the property as you face the house.