Owner Terms and Conditions

To simplify Padstow Cottage Company Ltd Terms and Conditions below, the following abbreviations apply:

‘The Agency‘ is Padstow Cottage Company Ltd.

‘The Owner‘ is the owner/owners of the property to be let by Padstow Cottage Company Ltd for the purpose of holiday accommodation letting to the clients.

‘The Tenant‘ is the clients applying for holiday accommodation letting the owner/owners property let by the Padstow Cottage Company Ltd.

‘The Property‘ is the owner/owners property to be let by The Padstow Cottage Company Ltd for the purpose of holiday accommodation letting to the clients.

‘The Contract‘ is the Padstow Cottage Company Ltd: Holiday Accommodation Letting Agency Agreement between the Padstow Cottage Company Ltd and the owner/owners of the property to be let by the Padstow Cottage Company Ltd for the purpose of holiday accommodation letting to the clients.

The Owner can only sign The Contract if they have the right to let The Property and must have Public Liability Insurance in place for The Property, this Public Liability Insurance should include cover for damage by The Tenant to The Property.

The Owner to agree to award The Agency sole rights to let The Property for the duration of The Contract.

The Agency acts only as an agent for The Owner and any contract for occupation of The Property by The Tenant is between The Owner and The Tenant.

The Contract between The Agency and The Owner is continuous unless terminated by either The Agency or The Owner.

Either The Agency or The Owner can terminate The Contract at any time giving minimum 28 Days Notice in writing, the stipulation being that all lettings made by The Agency and notified to The Owner must be honoured and all commission monies on The Tenant lettings must be paid to The Agency by The Owner.

The Agency will collect all fees payable in respect of lettings of The Property by The Tenant and forward all payments to The Owner minus commission due to The Agency.

The Owner will pay The Agency commission on all lettings of The Property by The Tenant, lettings balance paid will be subject to VAT on commission amounts.

The Owner reserved dates will not be subject to commission or VAT on commission amounts.

Payment online to The Owner from The Agency will be made on the first of each month based on The Tenant balance paid letting departure date from the previous month, a full monthly statement will be forwarded by email to The Owner from The Agency listing all letting details and payment amounts from The Tenant.

A current letting schedule will be forwarded by email to The Owner from The Agency on the first of each month, however a letting cannot be guaranteed.

The Agency will ensure all payments have been received from The Tenant before allowing them access to The Property.

The Tenant will pay a deposit of £200 per week per letting to The Agency, and a one off Booking Fee. The balance of the letting will be paid by The Tenant to The Agency eight weeks before the start date of The Tenant letting. Where the start date of The Tenant letting is less than eight weeks from The Tenant letting date the full tariff amount will be paid by The Tenant to The Agency.

The Tenant will receive a letting deposit (where applicable) and balance confirmation. A balance due reminder (where applicable) will be sent to The Tenant seven days before The Tenant balance due date from The Agency.

If appropriate The Agency may reimburse The Tenant with any expenses incurred by The Tenant as a result of the breach of these Terms and Conditions by The Owner and The Agency will reclaim these expenses from The Owner.

No cancellation will be made of The Tenant letting by The Agency before the completion of the sale of The Property on behalf of The Owner.

The Owner will be informed of the following year tariff for The Property by The Agency and it will be subject to The Owner approval.

Owner Bookings

The Owner may occupy The Property for up to eight weeks of the year (this is flexible) with a maximum of two weeks being taken in July and August without incurring commission charges from The Agency providing always that The Agency have no prior letting for the required dates. Owner reserved dates must be requested by email to The Agency, and a reply confirmation received.

The Owner to inform The Agency by email, of the dates they wish to reserve for the following year by 1 September, ready for availability and tariff to be released by The Agency from the 1 September for the following year: 1 January to 31 December inclusive. No cancellation will be made of The Tenant letting by The Agency after the 1 September on behalf of The Owner.

Short Breaks (Only Applies To Properties Which Allow Short Breaks).

During November, December, January, February and March (excluding Christmas, New Year, Easter and half term), Short Breaks can be made available available.

Short Breaks, three nights from a Friday or Saturday and four nights from a Monday or a Tuesday, are priced at 70% of the 7 night tariff.

Properties with standard changeover day of a Friday, breaks are available as below:

3 nights from Friday

4 nights from Monday

7 nights from Friday

7 nights from Monday

Properties with standard changeover day of a Saturday, breaks are available as below:

3 nights from Saturday

4 nights from Tuesday

7 nights from Saturday

7 nights from Tuesday

Offers

Discounts on tariff, late availability and bespoke Short Break offers for The Property will only be offered to The Tenant after discussion with The Owner by The Agency.

All published tariffs for The Property will remain the same unless The Agency is instructed by The Owner to alter The Property published tariffs. The alteration of The Property published tariff on instruction from The Owner will be at the total discretion and decision of The Agency.

Fees

The Agency does not charge fees for Debit or Credit Card Transactions.

The Booking Fee will go directly to The Agency, it will not be included in the tariff and no amount of the Booking Fee will go to The Owner.

VisitEngland Assessment & Safety

The Property to have a current Quality in Tourism award provided by VisitEngland, of Three Stars and above, this is to be renewed every year. The Owner to arrange, pay and oversee this assessment. Quality in Tourism: 0845 300 6996. Go to the VisitEngland website for more information.

The Owner to ensure that all aspects of The VisitEngland Assessment grading awarded to The Property are adhered to, this includes, furniture, furnishings, fire extinguisher/blanket, functioning smoke alarm, Gas Certificate (where applicable), Electrical/equivalent Certificate, PAT (Portable Appliance Testing) Certificate, Fire Risk Assessment and Access Statement.

The Owner to provide a full inventory for The Property and this must be available for The Tenant to view at The Property.

The Owner to provide The Agency with three sets of Keys for The Property one set each for The Agency, The Cleaner/Caretaker and The Tenant.

The Owner will provide The Property with three sets of the following: Bed linen, towels (one hand and one bath towel per person, one hand, two tea towels for kitchen, one hand towel per bathroom), one bath mat per bathroom and one oven glove. Beds will be made for The Tenant. On two or more week lettings, a linen set change will be provided for The Tenant at the end of each letting week, beds will not be remade for The Tenant. The tariff paid by The Tenant will include a linen set, per week, as above.

The Owner to have a current (to be carried out annually) Landlord’s Gas Safety Certificate (applies only to properties with mains gas supply) for The Property in place at all times, The Agency can arrange this for The Owner.

The Owner to have a current (to be carried out every five years either from new build or total rewiring) Electrical/equivalent Certificate for The Property in place at all times, The Agency can arrange this for The Owner.

The Owner to have a current (to be carried out every year) PAT (Portable Appliance Testing) Certificate, The Agency can arrange this for The Owner.

The Owner to have a Fire Risk Assessment available at The Property for The Tenant to view. The Agency will supply.

The Owner to have an Access Statement to enable The Tenant to view it on The Agency web site. The Agency will supply.

The Owner to have a functioning fire extinguisher/fire blanket fitted in the advised correct position at The Property.

The Owner to have The Property fire extinguishers, fire blankets and torches checked and serviced annually by Fire Safety Matters (South West) Limited, The Agency will arrange this for The Owner.

Fire Safety Matters (South West) Limited will check, service, liaise with The Owner and invoice The Owner directly for this service. The Agency will pay Health and Safety Matters to replace The Property completed check sheets in the The Property Fire Safety File with new check sheets and return completed check sheets to The Owner.

The Owner to have a functioning Smoke Detector fitted in the advised correct position at all times. We recommend a functioning Smoke Detector on all floor levels of The Property.

The Owner to have a functioning Carbon Monoxide detector (applies only to properties with mains gas supply and wood burners) fitted to the wall in the advised correct position at The Property at all times.

The Owner to identify gas box (where applicable), gas box key (where applicable), electric box, electric box key and water cut off stop cock locations at The Property to The Tenant.

Cleaning/Caretaking

Any cleaning and caretaking contract or agreement between The Owner and The Property cleaner and caretaker is totally between them and not The Agency. The Owner in the event of damage to The Property by The Property cleaner and caretaker will not be able to make any claims against The Agency.

The Owner or any person hired by The Owner will not be allowed to access The Property with The Tenant in occupation for any reason other than emergency repairs. Deliveries, assessments and annual gas inspections etc will not be allowed to take place while The Tenant is in occupation of The Property.

The Owner to ensure that The Owner/service provider maintains a high standard of cleanliness and all faulty, broken or missing items at The Property repaired or replaced before each let.

The Owner to provide a comprehensive instruction manual for all appliances and items at The Property.

If The Owner/service provider fails to maintain a clean, safe and well maintained property The Agency reserves the right to suspend all bookings and terminate The Contract immediately.

Security Deposits

The Tenant will pay a Security Deposit of £200 per letting to The Agency for The Property.

The Security Deposit will cover The Tenant damage to The Property and its contents and extra Property Manager duties (extra cleaning above normal and rubbish removal where it has not been correctly bagged or put out for collection).

The Security Deposit will be paid by The Tenant at the same time as The Tenant Balance Amount is paid. The Agency will hold the Security Deposit for 7 days after The Tenant letting has taken place.

If there has been no damage by The Tenant to The Property and its contents or extra Property Manager duties the full £200 will be refunded to The Tenant online.
If there is any damage by The Tenant to The Property and its contents or extra Property Manager duties, the cost will be deducted from the Security Deposit and the remaining amount will be refunded to The Tenant online.

Any amounts due to The Owner or the Property Manager will be paid online by The Agency.

Damage to The Property and its contents by The Tenant costing over and above £200 will be subject to an extra charge to The Tenant by The Owner of The Property for the full cost of the damage to The Property and its contents.

An inventory for The Property is required for The Tenant to view at The Property (see details below).

The Agency will endeavour to charge The Tenant for damage and loss (on accurate evidence to The Agency) to The Property however if for any reason payment cannot be collected from The Tenant, then The Owner and not The Agency will be liable.

The Owner in the event of damage to The Property by The Tenant or any other person will not be able to make any claims against The Agency.

The Agency shall not be liable to The Owner nor to any third party in any way for any loss or damage due to any cause whatsoever.

The Agency will arrange lettings by The Tenant to comply with the Terms and Conditions of The Agency web site and booking form.

The Owner will accept all lettings of The Property taken by The Agent in accordance with The Contract.

Cancellation by The Tenant

See Booking Terms and Conditions section 7)(ii) Cancellations on www.padstowcottagecompany.co.uk which are as below:

(ii) Cancellations
If you have to, or wish to, cancel your booking, the Party Leader must telephone the Company on the number shown on your booking confirmation as soon as possible. The Party Leader must also immediately confirm cancellation by email shown on the website. The day the Company receives your email notification of cancellation is the date on which your booking is cancelled.
Please note: The cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis.
THE TENANT IS STRONGLY ADVISED TO MAKE THEIR OWN ARRANGEMENTS FOR HOLIDAY INSURANCE TO COVER CANCELLATION OF THE TENANT LETTING FOR ANY REASON AS REFUNDS OF ANY DEPOSIT AND BALANCE AMOUNTS WILL NOT BE MADE TO THE TENANT FROM PADSTOW COTTAGE COMPANY OR THE OWNER FOR ANY REASON.

If The Tenant has only paid a Deposit amount of £200.00 for The Property and then cancels The Tenant Letting The Company will retain the Deposit amount of £200.00.

If The Tenant has paid the Balance amount for The Property and then cancels The Tenant Booking The Owner will retain the Tariff amount minus The Agency Commission Charge.

The Agency reserves the right to change, amend or cancel a letting.

The Agency reserves the right to change The Tenant deposit amount.

The Agency reserves the right to change The Tenant balance due date time, in terms of the number of weeks the balance is due before the start date of The Tenant letting.

Marketing

The Agency will market The Property fully to obtain maximum lettings throughout The Contract, however no guarantee of an amount of lettings can be made by The Agency, and no claim can be made by The Owner to The Agency for failure to let The Property.

The Agency will provide all photographs and text on The Property and enter them live onto the Padstow Cottage Company Ltd web site www.padstowcottagecompany.co.uk free of charge.

The Agency will provide all photographs and text on The Property for Padstow Cottage Company Ltd page on the Official Padstow Tourist Information Centre Web Site
www.padstowlive.com free of charge.

The Agency will provide all photographs and text for Padstow Cottage Company Ltd to be advertised in the printed Official Padstow Tourist Information Centre’s Padstow Holiday Guide free of charge.

On award of your annual VisitEngland grading The Agency will provide photographs and text on The Property and arrange upload to the Visit England Assessment Services website.

Rights

The Agency does not accept liability for any act, neglect or default on the part of The Owner or any other person not within their employ, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which The Tenant or anyone connected with the letting may incur.

The Agency reserves the right to amend these terms and conditions and any such amendments will be confirmed by email to The Owner from The Agency before coming into effect.

6 January 2021