Padstow Cottage Company
Terms & Conditions
In these booking conditions “We” “Us”, “Our” and “the Company” means Padstow Cottage Company Ltd. The Company arranges bookings of properties (“the Property”) as agent of the owners (“the Owner”) of such properties. When you (“the Tenant”) book a property through the Company you enter into a contract with the Owner of that property.
The Company is responsible for the administration of your booking, but, except where otherwise stated in these Conditions, does so solely on behalf of and as agent for the Owner. 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 Company on behalf of the Owner (including anyone who is added or substituted at a later date). These Conditions set out the basis of your contract with the Owner. They also deal with the Company’s position. Nothing in these Conditions affects your normal statutory rights.
COVID-19: What happens if I or one of my party have COVID-19 confirmed 14 days before their stay?
If you or a member of your party develops symptoms within 14 days of your stay and a test confirms COVID-19 infection please let us know immediately.
COVID-19: What happens if I or one of my party feels unwell during my stay?
If you or a member of your party falls ill at a property, you should self-isolate and request a test. If you are confirmed to have Covid-19, you should return home if you can. When contacting the NHS, please specifically mention that you are staying in a holiday home. If you are advised by NHS to remain at the property, we will work with the owner to facilitate this as best we can and you will be required to pay the rates due for an additional stay and any other costs that relate to the additional stay.
1) HOLIDAY INSURANCE
The tenant is strongly advised to make their own arrangements for holiday insurance to cover cancellation of the tenant booking for any reason as refunds of any deposit and balance amounts will not be made to the tenant from Padstow Cottage Company Ltd or the owner for any reason this applies from the moment the booking is confirmed by email to the tenant by the company.
2) SECURITY DEPOSIT
The Tenant will pay a Security Deposit of £200 per booking to The Agency for The Property, this can only be refunded to the card used to pay.
All bookings will be subject to a Security Deposit of £200 per booking.
The Security Deposit will cover The Tenant damage to The Property and its contents and extra Property Manager duties (extra cleaning above normal (standard fee of £50 applies) 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.
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.
All damage, breakage, cleaning issues or anything giving cause for concern noticed on taking occupancy must be reported immediately to the Company by the Party Leader. If damage, breakage and cleaning issues are not reported to The Company by the Party Leader on taking occupancy and then is reported to The Company by the Property Manager on your departure you will be charged the cost of the repair or the replacement of the damaged items and cleaning issues will not be accepted as The Company needs to see and obtain evidence of cleaning the issues immediately on your arrival.
All damage and breakage during your stay must be reported immediately to the Company by the Party Leader. The Property Manager will inspect the property immediately on your departure. Any damage or breakage will be reported to the Company by the Property Manager. For any damage or breakage that has not been reported to the Company by the Party Leader but reported to the Company by the Property Manager on your immediate departure, the Tenant will be charged to cover the cost of repair or replacement of the damaged items by the amount being deducted from The Tenant Security Deposit.
You and all members of your party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. Losses, damage or any cleaning necessary over and above normal servicing, will be deducted from your Security Deposit. All refuse must be placed in secured black / authority accepted bin bags before being placed in dustbins and dustbins placed ready for collection as instructions stated on bins.
3) AMENDMENTS & ADDITIONAL CHARGES
Booking amendment fee £50. (See point 10)
Once balance amount is paid a booking cannot be amended. (See point 10)
A £50 call out fee will be charged to you if you lock yourselves out of or lose your cottage keys.
A £20 per item plus package and postage return fee will be charged to you for all personal items left in your cottage after your departure.
A £50 fee will be charged to the Tenant by the Company for Car Parking Permits or Car Parking Key Fobs lost or not left in The Property on departure.
4) YOUR BOOKING
All offers and bookings are subject to availability. The Party Leader must be at least 18 years of age at the time of booking. The Party Leader 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 Company. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or the Company 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 Company issues a written confirmation (see below) to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Company on behalf of the Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Company does this, the Company will tell you in writing and promptly refund any money you have paid us.
On placing your booking a non-refundable BOOKING FEE is charged of £35 per stay.
When you receive your email confirmation, the details must be checked carefully. If anything is not correct, you should tell the Company immediately. It is your responsibility to check your emails regularly.
5) PAYING FOR YOUR PROPERTY
When you book and make any payments for your property, you should pay the amount then due by debit card or credit card.
The Company on behalf of the Owner will then send your email confirmation immediately showing your booking details and the balance of your total holiday cost which must be received by the Company no less than 8 weeks before your arrival date at the property. An email reminder will be sent to you one week before your due balance date. If your balance is not received on your balance due date your holiday will be presumed cancelled and you will lose your deposit. If you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway.
There are no extra costs to be added to the tariff – All utility charges are included ie. Gas, electric and water.
If any payment you make is not honoured for any reason whatsoever, the Company 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 Company on behalf of the Owner is entitled to assume that you wish to cancel your booking. In this case, the Company on behalf of the Owner will be entitled to keep all deposits paid or due at that date. The Company normally sends out a reminder to you before your booking is cancelled.
6) CANCELLATIONS OR CHANGES TO YOUR BOOKING BY THE OWNER OR THE COMPANY
Neither the Owner nor the Company 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 Company 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 Company will, if possible and as soon as reasonably practical, offer the Party Leader an alternative property (from the range advertised by the Company) of similar type and standard in a similar location for the same or similar time of year. 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. However, it is possible you may be able to claim any price difference (if the alternative property is more expensive than the original one) from the Owner of the original property. 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 Company 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 Company. So as to keep any period of uncertainty to a minimum, the Company 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 Company 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 Company that you wish to accept any change or alternative property the Company is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Company.
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 the 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 Company cancels your booking as a result of your failure to comply with any requirement entitling the Company or 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 we or the Owner can reasonably be expected to know, we or the Owner (as applicable) could not reasonably expect to have a significant effect on your confirmed booking.
7) CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER OR COMPANY (FORCE MAJEURE)
Except where otherwise expressly stated in these Conditions, the Owner and the Company shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner and/or the Company 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 either the Owner or the Company (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 or the Company) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the Company on behalf of the Owner will, however, refund to you all monies paid to the Company 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 either the Owner or the Company to you.
8) PROPERTY DETAILS
The Company aims to ensure that the information provided by the Owners is accurately conveyed on the Company web site. However, the information on the Company web site may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the Company web site, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Company at the time of booking. There may be small differences between the actual property and its description, as both the Company and the Owners are 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 Company will tell the Party Leader as soon as reasonably practical after the Company becomes aware of the situation. Neither the Owner nor the Company can accept responsibility for any changes or closures to area amenities or attractions mentioned. The Company makes 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. As the Company acts only agent for the Owner the Company cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services except in the case of the negligence of the Company. The Company will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information provided to you as soon as reasonably practical after the Company becomes aware of the change or inaccuracy.
Where a Car Parking Ticket/permit is included in your booking, the Owner and the Company shall have no liability for any damage or theft caused to the Tenant’s car while the Car Parking Ticket/permit is in use by the Tenant.
The Owner and the Company shall have no liability for any death or personal injury unless, in the case of the Company, this results from the negligence of the Company or its employees (providing they were at the time acting in the course of their employment) or, in the case of the Owner, 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 or the Company 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) or, in the case of the Company, where the damage or loss is caused by the negligence of the Company or its employees (providing they were at the time acting in the course of their employment). As the Company acts only as agent for the Owner, the Company cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Further, the Company cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owner. Please also refer to Section 4 (Force Majeure) above.
10) IF YOU CHANGE OR CANCEL YOUR BOOKING
If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made an administration fee of £50 will be payable to the Company once any change has been made together with any other resulting costs (for example any increase in price). If The Tenant has paid the balance amount The Tenant booking cannot be changed.
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 your cancellation by email to The Company.
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 BOOKING FOR ANY REASON AS REFUNDS OF ANY DEPOSIT AND BALANCE AMOUNTS WILL NOT BE MADE TO THE TENANT FROM THE PADSTOW COTTAGE COMPANY OR THE OWNER FOR ANY REASON.
(iii) Curtailment of your holiday
This should be covered by your own holiday insurance.
11) YOUR PROPERTY
You can arrive at your property strictly after 5.00pm on the start date of your holiday rental and you must leave strictly by 9.30am on the last day. Any damage, breakage or anything giving cause for concern noticed on taking occupancy must be reported immediately to The Agent. No complaints will be accepted after the termination of The Tenancy, or where The Tenant has denied The Agent or The Owner opportunity to try to put matters right during The Tenant’s stay.
You and all members of your party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. Losses, damage or any cleaning necessary over and above normal servicing costs on your departure will be deducted from your Security Deposit. You and all members of your 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 Company on behalf of the Owner. You 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 you and/or any members of your party.
The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, 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 you or any members or your party. These circumstances will be treated as a cancellation by you.
You also must not allow more people than the web states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property, You must also not allow any children under twelve years old in Fuchsia Cottage, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). The Owner or the Company will also not be obliged to find any alternative accommodation for you.
On vacating your property during your holiday, when leaving on your departure date and when you retire to bed you must check that:
- All electrical and gas appliances are switched off at the appliance and at the wall plug/switch.
- All water taps are turned off.
- All windows are closed (upstairs windows may be left open when you retire to bed).
- All doors are locked.
- Only central heating, freezers and fridges can be left on when the property is empty or when you retire to bed.
‘No pets allowed’ in a property description may not guarantee that pets have never occupied the property.
Please note: Kingfisher Cottage does not allow tenants to bring a pet with them to occupy Kingfisher Cottage however the Owners of Kingfisher Cottage have a dog which they bring with them to occupy Kingfisher Cottage.
If you take a dog with you in a one dog allowed property, it is not allowed upstairs or on any furniture. 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. All dog waste must be immediately removed and disposed of correctly from the cottage grounds.
You should not cause an annoyance or become a nuisance to occupants of adjoining premises.
Check you have all your personal belongings on departure. A fee of £20 plus package and postage cost will be charged for each returned item.
Padstow Cottage Company Ltd and Cottage Owners cannot be held to account for any disturbance caused by holiday fairs, fetes, events or festivals or building works in the vicinity or on neighbouring properties.
Linen is included in the price. This includes bed linen, one bath and one hand towel per person, one hand towel and one bath mat for the bathroom, one hand and two tea towels for the kitchen. In the case of bookings of two or more weeks a linen change, as above, will be provided on the property’s changeover day at 10 am (ie at the end of each week). The dirty linen which should be removed and placed in a bin liner and will be collected when the clean linen is delivered. The clean bed linen will only be supplied and not put on the beds.
All properties are strictly no smoking.
You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time – in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
15) PROPERTY MAINTENANCE ISSUES AND COMPLAINTS
The Tenant must report any pre-existing damage noticed upon arrival immediately.
If any issues arise during the stay the Tenant must contact the Owner or the Owner’s representative or the Owner’s Property Manager or the Company as soon as reasonably practicable for the issue to be investigated and, if required, to take any remedial action. If an issue is not reported and the Owner or the Owner’s representative or the Owner’s Property Manager is denied an opportunity to investigate or rectify a problem during the holiday, then the Tenant will have waived all rights in the matter.
If the Tenant feels that their complaint has not been resolved satisfactorily on completion of the holiday, the Company requests that the verbal complaint is followed-up by emailing the Owner via the Company within seven days of departure from the property. To protect contact details of the Tenant and the Owner all correspondence will be forwarded to the relevant party via the Company, contact details of both parties will not be shown. However if the Company cannot resolve the complaint initially the Company then have to pass the Tenant contact details to the Owner to try and resolve the complaint with the Tenant.
It is the responsibility of the Owner and the Tenant to resolve any disputes arising between them, including those relating to retention of the Security Deposit in whole or part. As the Agent, the Company is not and cannot become responsible or involved in this process since the contractual relationship is between the Tenant and the Owner.
16) COMMUNICATING WITH YOU
The Company will need to process and store your personal details for their own administration, market analyses and operational reviews. The Company 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 Company feels may be of interest to you). All details you give to the Company at any time will be kept, 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.
Except where expressly permitted by the Data Protection Act 1998, the Company will only deal with the personal details you give to it as set out above unless you agree otherwise.
The contract between you and the Owner is subject to English law and no other. It is agreed that any dispute you may have with the Owner or the Company will be dealt with 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 those countries.
18) YOUR RIGHTS
Your statutory rights are not affected by anything contained within these Conditions.