TERMS & CONDITIONS
Reference in these Terms and Conditions to “the Property” or “the cottage” means Captains Cottage located at Trelowia, Widegates, Looe, Cornwall, PL13 1QL, and shall include, where the context permits or requires, any and all common parts or communal areas such as the courtyard, passageways, driveway and bin storage area.
Reference to, “owner”, “us”, “our”, or “we” means the owner of Captains Cottage, Looe.
Reference to “the hirer” or “you” means the person or persons accepted by the Owner as authorised to occupy the Property for the period specified on the Booking Form and shall, where the context permits or requires, include all persons named on the Booking Form occupying the Property.
1. Booking
Your application must be made either on-line via our website or via one of our management portals such as Holiday Lettings, AirBnB etc, with a completed Booking Form (attached).
Bookings made more than 8 weeks in advance require an initial deposit payment, which you will be advised on at the point of booking via our website. The balance, plus any extras, is due 8 weeks before your holiday commences. The damage deposit is accounted for from the balance payment. Bookings made less than 8 weeks in advance require the full charge plus any extras.
Deposits are non-refundable if you should cancel your stay. If we cancel your stay, we will refund your deposit.
2. Balance Payment
On confirmation of the booking, the balance plus any extras is due 8 weeks before the commencement of the holiday. We do send a reminder – the balance due date is shown on the booking confirmation. If the balance is not received within 7 days of the due date we reserve the right either to deduct the full amount outstanding from your debit or credit card, or at our election, to treat the booking as cancelled as set out in clause 12 below.
3. Damage Deposit
Any damage to the property, its contents or its fixtures or fittings, must be reported to the owner immediately, not ‘saved’ for check-out. If you lose, damage, mark or break any item of furniture, fixtures and fittings, fabric of the property or building or any of its contents, you will be liable to us for the full cost of repair or replacement. If you pay by credit card or debit card, you irrevocably authorise us to deduct from your credit card or debit card the full cost of such replacement or repair. By giving us your credit or debit card details you authorise us to charge any loss or damage to your card without your being present at the time of the card transaction and without any signature or further notice to or authority from you. If you do not book using a credit or debit card, you must pay the damage deposit of £250 at least 8 weeks prior to the start of your holiday.
Please note that the provision of the £250 damage deposit does not limit your liability for damage to this amount and you will be liable to us for the full amount of any damage or losses. Provided there is no loss or damage, any damage deposit taken will be refunded within 7 working days following the end of your holiday.
4. Method of Payment
Online payment by acceptable credit or debit cards may be made through one of our nominated booking agencies although an admin / commission charge may be added to them by the agency concerned. Alternatively, you may pay us directly by BACS. Credit card payments using Paypal or Stripe may incur an additional admin / processing fee. Any bank charges received on foreign cheques or transfers shall be paid by the Hirer and may be deducted from the damage deposit.
5. Eligibility
We reserve the right to refuse any booking at our discretion without giving any reason.
6. Price Changes
We reserve the right to amend prices quoted due to errors or omissions or changes beyond our control.
7. Dogs
Captains Cottage accepts up to two medium (Labrador size) or three small (Terrier size), well behaved dogs in the property for an additional charge of £30 per dog. Young dogs / puppies, aged 12 months old or under are not permitted to stay in the cottage. Dogs are not permitted on furniture, sofas, or upstairs in the property, in bedrooms / on beds, and a stair gate is in place to help with this.
Any significant amount of dog hair found on bedding or where we suspect a dog has been sleeping on bedding, we have the right to retain your damage deposit to cover the cost of replacement bedding and additional cleaning required. Additional cleaning above and beyond ‘normal’ cleaning, is charged at £35/hour.
If you bring a dog or an extra dog without prior written agreement, we reserve the right forthwith to cancel your booking and terminate your holiday without any refund.
If you bring a dog, it needs to be update to date with flea and worming treatments. Should the property be subject to an infestation of fleas following your stay, you will be liable for all cleaning and sanitation costs that may be required to eradicate such.
Dogs are not to be left alone in the cottage without the express prior permission of the owner, and then it should not be left for longer than 3 hours and ideally, be crated unless you can guarantee it won’t do any damage.
You are required to clean up after your dog throughout your stay, this includes in the back garden, the driveway and in the surrounding lanes.
Dog toilet bags should be placed in with your normal household refuse (in a large black bin bag) and not dropped lose in the outside bins, as they have been known to explode, which is unpleasant for anyone having to clear it up. If dog toilet bags / rubbish is found loose in the outside bins, and not in a large black refuse bag with the rest of the household rubbish; or you fail to clean up dog mess from the garden, a charge will be deducted from your damage deposit to remove / clean such.
8. Non-smoking
Captains Cottage is a non-smoking property. This includes vaping. You may smoke outside in the courtyard but cigarette butts should be disposed of before the end of your stay.
9. Duration and Times of Letting
Holiday lettings commence at 4pm on the first day of the tenancy and end at 10am on the last day of the tenancy. You must vacate the Property no later than 10am on the last day and failure to do so will result in an additional day’s rental charge to your account.
10. Website and Advertising
The photographs and images on our web site, and in other promotional material, may not reflect the actual or current furniture, decoration, room layouts or fixtures and fittings; and we reserve the right to change furniture, decorations, room layouts and fixtures and fittings at any time.
11. Key collection
Keys can, at our election, be collected by the Hirer, on arrival at 4pm. We use a key safe system. A code for the key safe, with other details, will be sent to you prior to your booking. If your arrival will be delayed, you must contact the owner so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us. See the Cancellation Policy. Lost keys will incur a charge of £10 per key.
12. Cancellation
Cancellations must be advised to us in writing or by email in a timely manner - allowing us enough time to re-book. We will use all reasonable endeavours to secure another booking for the Property for the same terms, and if possible for the same charge, but we reserve the right to negotiate a lower charge.
Any agreed refund will be made less the deposit, administration and booking fee, which is non-refundable, and less any difference in the charge we are able to make in respect of any replacement booking.
We shall not be liable to any Hirer of accommodation on the grounds that we have not used reasonable endeavour, or for any other reason.
If we are unable to re-sell the Property for the dates you have cancelled, the full hire charge will remain payable 8 weeks before your holiday commences, and / or you will not be eligible to any refund if you have already paid for your booking.
It is possible to insure against cancellation and we strongly advise you to do so. We strongly urge you to ensure you have adequate travel insurance in place. We are not in a position to act as your insurance provider.
In instances of Force Majeure, we cannot accept liability or responsibility for any alterations, delay or cancellations or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, livestock, epidemics, pandemics, acts of government, or public authority, changes imposed by re scheduling of airlines, ferries, trains or any event outside of our control.
We reserve the right to refuse any booking and to cancel any booking already made if the property is unavailable e.g. through fire, flood, failure of utility services etc. for any reason whatsoever. We are not under any other liability if such a cancellation occurs.
13. COVID-19 policy: We will, and require you to adhere to current government advice/instructions regarding COVID-19 at the time of your booking. In particular, you must not come to the property if you are aware or suspect you have been exposed to the virus and must therefore self-isolate at home at the time of the booking, or if you are placed in a Tier imposed with travel restrictions.
If you need to cancel your booking, or you are placed in localised lockdown in your area and can no longer travel to Cornwall, and therefore have no choice but to cancel your stay, we will do our best to try and re-sell your booking. Such change will be processed under our cancellation policy above.
For the avoidance of doubt, only in a complete UK national lockdown, are we able to a) move your holiday dates, without penalty or b) refund your booking. In all other circumstances, the above cancellations terms are applicable.
Should your local area go into a localised lockdown with travel restrictions, but Cornwall remain open for business, our usual cancellation terms apply.
If we are able to resell your cancelled stay, we will offer to refund your booking, as described under our guest cancellation policy above, less any admin or advertising charges.
If we are unable to re-sell your cancelled booking, no refund will be available and you will need to claim on your travel insurance for any losses.
If you become ill with COVID-19 symptoms, or become aware you have been exposed to the COVID-19 virus during your stay, you must inform us and leave the property for home immediately. You will not be permitted to self isolate in the property.
14. Changing a Booking
Once a booking has been confirmed, the booking cannot be changed to another date or person, except by dealing with the booking as a cancellation as set out in clause 12 above.
15. Consideration of our neighbours: You must respect and show consideration for our neighbours at all times. For example, you must not do anything that would be considered excessively noisy or disruptive, park inconsiderately or be rude to our neighbours.
16. This Agreement
This Agreement confers upon the Hirer the right to occupy the Property for a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988. It does not create any tenancy or security of tenure of any description. No term in this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement.
The Hirer Agrees:
You agree to comply with the regulations set out in any property manual provided in the property; to you and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party.
(a) To keep and leave the accommodation in a clean and tidy state, and not move any furniture around from the location in which you found it. No cleaning service is provided whilst the property is occupied.
(b) You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition and to pay for any loss, breakage and damage.
(c) Not to do anything to make void or voidable any policy of insurance i.e leave windows open when the property is unoccupied or during inclement weather. If windows or doors are left open or the property is in anyway left unsecure, the owners have the right to enter the property and secure it / protect the property.
(d) You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
(e) To allow the Owner, his employees, contractors, servants or agents reasonable access at all times.
(f) To take all reasonable and proper care of the Property and its furniture, pictures, fittings and effects, and leave them in the same state of repair and condition, and in the same clean and tidy condition at the end of the period of occupation by the Hirer as at the start.
(g) To leave the accommodation in such condition that it is suitable for occupation for another Hirer. If this is not the case the Hirer will be liable for the hire charges as shown for the accommodation for the period until it is so available and for any loss or damage which shall be occasioned thereby.
(h) Not to share the Property except with members of the party shown on the booking form, or to allow entry or use of the property by any third party not on the booking form.
(i) Not to part with or remove any possessions, furniture or effects on or in the Property.
(j) Not to exceed the total number of people the Property sleeps as set out in the Property description, nor can you significantly change the makeup of the party during your stay in the Property i.e. inviting other guests to stay. A cot may only be occupied by a child aged 22 months or under.
(k) Not to run any form of business from the Property, or allow guests to visit without the express permission of the Owner.
(l) Not to use the gangways, passageways, driveway or external parts of the Property for any purpose other than walking to and from the Property. Camping or sleeping overnight in these areas by the booking guests, or anyone invited by the booking guest, is strictly prohibited and will result in additional charges and immediate cancellation of your stay.
In the event that any of these Terms and Conditions are breached, the Owner may forthwith re-enter the Property and terminate the occupation and/or pass to the Hirer any additional charges and claim damages for all losses.
(m) Not to add any third party hardware on to our network to boost or enhance wifi signal.
(n) You agree to take all necessary steps to safeguard your personal property both inside and outside the property i.e. do not leave items in full view through windows etc.
(o) You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
17. Non Availability of Accommodation
If due to any occurrence beyond the control of the Owner, our employees or agents, the accommodation is not available as booked, all monies paid will be refunded in full to the Hirer, but neither the Owner nor our employees or agents shall have any further liability to the Hirer.
18. Works
From time to time it may be necessary to undertake repair, maintenance, building or similar work either at or inside the Property, or in neighbouring roads or properties, and we reserve the right to undertake any such work at any time without making or paying any compensation, refund or similar payment to the Hirer or any member of his/her party. Similarly, we cannot accept any responsibility for any building, maintenance or repair work by any neighbouring or other property, nor for road works or utility works. No compensation, refund or other payments shall be required or made in respect of any such work.
19. Right of Entry
We reserve the right to enter the property at any time to inspect it or carry out necessary repairs or maintenance during your stay. We will aim to arrange to this at a convenient time to you where possible.
20. Liability
The Owner does not accept any liability for consequential loss or damage suffered by the Hirer or any other person, which results from the Owner’s negligence or the Owner’s breach of this Agreement.
The Owner does not accept liability for loss or damage suffered by the Hirer, which results from acts or omissions of the Hirer in connection with the hire and occupation of the Property.
We shall not be liable for any losses which are not a foreseeable consequence of us breaking these Booking Conditions. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
In addition, we accept no liability for loss of or damage to the Hirer’s possessions kept or otherwise located on any part of the Property or land.
This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
21. Parking
We do provide off road parking to the side of the Property however we do not accept any liability or responsibility for any damage, fines or loss in relation to the parking of any vehicle by the Hirer or any of his/her party. The parking area outside the cottage cannot be used as any form of camping area / overnight sleeping of friends or family wishing to visit you.
22. Complaints Procedure
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. If you have any cause for dissatisfaction you must contact us immediately by telephoning. Save in the case of an emergency, it is imperative that we see the reason for the complaint before any remedial action is taken. We regret we cannot consider any complaints where we have not been given an opportunity to investigate the complaint and endeavoured to put matters right during the hire period; or any complaints made on or after departure.
23. Right to Evict
We reserve the right to evict guests immediately, without compensation in the case of anti-social behaviour, misuse of the property, over occupancy, unreasonable damage / breakages / behaviour, or if any of our house rules / terms and conditions are breached / not observed.
We take over-occupancy of the property very seriously. Only those guests registered on the booking form, at the time of booking, are permitted to stay in the cottage during the booking period. Guests are not permitted to invite further friends or family to stay in the cottage and sleep in any spare beds, on sofas, camp or blow-up beds. Over-occupying the property or allowing guests to stay that are not registered with us, breaches our fire safety assessments, therefore our insurance. It is also in breach of the track, test and trace obligations set out by the government. Should you wish to add another guest to your booking, and there is space to do so, you are required to seek our approval.
24. Severance
The parties to this Agreement agree that if any part of this Agreement is found to be unreasonable, invalid or unlawful under any enactment or rule of law pertaining thereto, the Court or the competent tribunal shall have the power to strike out or override that part, whether it be an entire clause or clauses, or some part or parts thereof, and enforce this Agreement as though the unreasonable, invalid or unlawful part or parts had not been included.
25. Governing Law and Jurisdiction
These Terms and Conditions create a binding Agreement between you (the Hirer) and us (the Owner), and are governed by and shall be construed in accordance with English law. This Agreement is subject to the exclusive jurisdiction of the English courts.
These Terms & Conditions, together with the Quote, the Cancellation Policy and our confirmation email, contain the entire agreement between us and you relating to the Booking and supersedes any previous agreements, arrangements or discussions.
IMPORTANT INFORMATION
Cleaning
Although the property is cleaned between bookings, the hirer is expected to keep and leave the Property in a clean and tidy state. If the property is left in a condition which results in any additional charges by our cleaners, the costs will be recharged to you at an overtime rate of £35/hour.
Fair Usage Policy
Use of electricity, heating oil, water or complimentary items that we deem excessive i.e. heating/boiler settings overridden, turned up unreasonably high, or left on when the property is vacant or when windows are open, taps left running, lights left on when the property is vacant etc., such costs will be deducted from your damage deposit at our discretion.
Non-smoking
Captains Cottage is completely non-smoking.
Any smoking / vaping in the Property will incur substantial additional cleaning costs for which the Hirer will be liable.
Television Reception
Interference to the picture can be experienced at times and is not necessarily a fault in the set or aerial but can be due to the tides and/or weather conditions.
Electricity, Heating Oil & Water
Electricity, heating oil and water, are included in the price of your holiday and have been costed based on 'reasonable' consumption. The Property is heated via a small external oil tank (it is not on the mains). Heating is set to come on via a timer on the boiler / NEST. You may increase such times by using the NEST thermostat – as per the instructions in the cottage manual. You are not however authorised to change the boiler / NEST timings, nor leave the heating on constantly or excessively, especially when the Property is unoccupied or, for example, if you are trying to dry laundry, as this will drain the oil tank unnecessarily. Oil deliveries are made in advance by special order, so when the oil runs out, it may take days/weeks to re-fill. Unreasonable usage or oil, electricity or water during your stay will be deducted from your damage deposit.
Insurance
You can take out holiday insurance to cover various risks including cancellation of your holiday due to circumstances beyond your control, such as accidents, illness and COVID. We request that you take out such appropriate holiday insurance.
Linen
Clean bed linen and towels are supplied once at the start of the holiday, and/or at the end of each week on a multiple stay, should you request it.
If you wish to have a further change of clean bed linen and towels during your holiday, this can normally be arranged at an additional charge. Extra linen and towels can also be hired from us at an additional charge.
Cots
Cots, high chairs and stair gates are available subject to availability.
Furniture
Please refrain from moving furniture around. This includes pushing beds together or moving the sofas, which marks/damages the carpet. Damage to any fixtures or fittings as a result of guests moving furniture about, will be charged.
WiFi and Internet
We provide free WiFi internet connections for our guests, but this is subject to local signal strength and atmospheric conditions which can adversely affect connection and are outside our control.
We shall not be liable for any failure or unavailability of the WiFi internet signal or connection.
If guests use our free WiFi internet connection, they are solely responsible for complying with all relevant laws and ensuring that no computer or software virus, inappropriate or illegal material, is accessed or downloaded, and we shall be fully indemnified by any guest using our WiFi internet service against any computer or software virus which is downloaded and damages our software, systems or hardware, and against any other consequences of the accessing or downloading of inappropriate or illegal material.
It is the sole responsibility of each guest to ensure that any parental locks or other restrictions are in place, and we cannot accept any responsibility for any inappropriate access or use of the internet by children or others.
Electric Vehicles
The cottage electrics have not been insured, PAT tested or certified for electric vehicles to be charged from the property. Doing so is in breach of our fire safety and health and safety risk assessments, which invalidates our insurance policy. If guests are found using the cottage electricity supply to charge vehicles - guests will be charged accordingly, and risk having their stay immediately terminated. We are happy to provide details of local EV charge points.