Booking Terms and Conditions
This Agreement is made between the owner of the property (“the Property Owner(s)”) and you and all the members of your holiday rental party in respect of the property booked with us.
If your holiday is affected by a Government Travel Restriction due to COVID -19 you can choose to have your deposit swapped across to a change of date, a credit note to be used within 12 months of your original booking, or a refund – if required. We continue to recommend UK Travel insurance for all holidays to cover cancellations that may be due to other reasons, many policies include COVID now. Some banks also provide cover within their current account package – so always worth checking with your bank prior to purchasing cover.
Should guests need to self-isolate at any of our properties, they will be charged the full tariff for the week(s) required.
Crumplehorn Cottages reserve the right to amend these Booking Terms and Conditions especially if required in line with changes in Government Policy.
1. Condition Precedent
1.1 You must be at least eighteen (18) years of age at the time of booking and be booking as a consumer as opposed to for any business purpose.
1.2 You must ensure that all members of your holiday party have read the terms and conditions contained herein and accept them in full. Completion of the booking form online will represent that all members of the party have agreed to these terms and conditions. Liability under this Agreement is joint and several between all members of the party.
2. Incorporation of website terms and conditions
The terms and conditions contained on the website of Crumplehorn Cottages also form part of these terms and conditions, which govern the agreement between you and the Property Owner.
3. Letting of the Property
3.1 Upon the issue of written confirmation to you, the Property Owner will be deemed to have entered into a contract with you subject to these terms and conditions. The Property Owner has the right to refuse any booking prior to the issue of your written confirmation and in such event any deposit received will be returned to you immediately.
3.2 When you receive your written confirmation, the details must be checked carefully by you. If anything is not correct, then you must notify Crumplehorn Cottages immediately.
4.1 On booking the Property, you should pay the deposit (or in the case of holidays commencing within one (1) month of the booking date the full balance), the options on how to pay are – Cheque in the post, bank transfer or card over the phone.
Crumplehorn Cottages will then send written confirmation to you as soon as possible showing your booking details and the balance of your holiday cost (if applicable), which must be received by Crumplehorn Cottages no later than one (1) month before your arrival date.
The Property Owner may re-let the Property if no payment is received by the due date. In such circumstances the deposit paid by you will be forfeited and you remain liable for the full amount of the holiday cost in such circumstances although credit may be given for any monies received as a result of re-letting (less an administrative cost of £75 for re-letting).
4.2 If any payment you make is not honoured for any reason, we reserve the right to make an administration charge of £25.
5. Price and Facilities
5.1 The Property Owner reserve the right to amend prices quoted on the website of Crumplehorn Cottages due to errors or omissions.
5.2 The Property Owners reserve the rights to change facilities quoted on the website of Crumplehorn Cottages due to errors or omissions. The Property Owners also reserve the right to alter or withdraw amenities or facilities, which have been previously advertised as being available where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond the control of the Property Owner.
6. Changes to or cancellation of the booking by you
6.1 You can cancel your holiday within seven (7) calendar days of making payment and receive a full refund providing the start date of your holiday is equal to or more than twenty eight (28) calendar days from the date payment is made. To cancel you must email Crumplehorn Cottages at [email protected] giving details of the Booking, the amount paid, method of payment, and the reason for cancellation. On receipt of such notice Crumplehorn Cottages will refund any monies debited from you for the Property direct to you. If your holiday is due to start within 28 days and you wish to cancel within seven (7) calendar days you must notify us by email and we will try and re-sell the holiday on your behalf. This will involve administration charges and a resale is not guaranteed.
6.2 If you have to or wish to cancel your booking at any time other than pursuant to Clause 6.1 above, you must telephone Crumplehorn Cottages on the telephone number shown on the website and the Booking Form (01503 265143) or e-mail us at [email protected]o.uk
6.3 If you want to change your booking once confirmation has been issued, an administration fee of £25.00 will be payable to Crumplehorn Cottages once any change has been made.
6.4 After initial notification pursuant to clause 6.2, the person who signed the Booking Form must also immediately confirm your cancellation in writing by email to [email protected]
The day that Crumplehorn Cottages receive your written notification of cancellation is the date on which your booking is cancelled, and this is only deemed to be cancelled when a written acceptance of cancellation has been sent by Crumplehorn Cottages.
6.5 In the event of cancellation by you, cancellation charges will be payable. If cancellation occurs more than two (2) months prior to the holiday start date, this will be the deposit. If cancellation occurs less than two (2) months prior to the holiday start date, this will be the whole holiday cost. If you have not paid your total holiday cost you may be required to make a further payment although credit may be given for any monies received as a result of re-letting (less any administrative costs of re-letting).
6.6 In the event that the Property Owner wishes to cancel your holiday booking for any reason, they will be able to do so with no further liability to you other than the return of any deposit or monies previously paid by you.
6.7 In the event that the Property Owner wishes to cancel your holiday booking for any reason (other than a force majeure reason set out in Clause 12), less than two months prior to your holiday start date, the Property Owner will either (i) try to relocate you in similar or superior accommodation or (ii) return any deposit or monies previously paid by you.
6.8 In consideration of the above sum, you agree that this is a reasonable pre-estimate of any likely loss to you and that such amount discharges the Property Owner from any liability to you and is in full and final settlement of any claims against them.
7. Tenants Obligations
7.1 Please refer to Crumplehorn Cottages booking confirmation for details of times of arrival and departure. (Arrival 4pm – Departure 9.00am) Arrangements for keys will be confirmed to you prior to your holiday commencement.
7.2 Our properties require you to pay a security deposit of £50.00 before arrival against breakages/cleaning – This security deposit will be refunded to you after the end of your holiday (less any costs for breakages or damage). You are also responsible to the Property Owners for any loss, breakage or damage to the Property and/or its contents howsoever caused (reasonable wear and tear excluded).
7.3 You agree to keep the Property clean and tidy and to leave the Property in a similar clean condition as you found it upon your arrival.
7.4 You agree not to exceed the number of people stipulated on your booking form, and in the Property description on the website of www.crumplehorncottages.co.uk , not to allow other people on the Property and not to cause annoyance, become a nuisance or to cause excessive noise to occupants of adjoining premises.
7.5 You further agree not to use the Property for any commercial purpose – including without limitation assigning or sub-letting the same or otherwise allowing anyone to occupy it that has not been notified as part of your party to Crumplehorn Cottages.
7.6 Pets are only permitted with the prior written permission of the Property Owner and a £30.00 dog fee. Your pet is to be kept under control e.g. dogs are to be kept on a lead outside the Property and exercised off the premises. Pets are not to be left unattended and are not permitted in the bedrooms, on beds or on the furniture – and no responsibility is accepted by the Property Owner for their safety. You are responsible for clearing up after your pet. You will liable to pay for any damage caused by your pet.
7.7 The Property Owner is at his/her sole discretion able to refuse to permit entry to the Property by you if he/she reasonably believes that any damage is likely to be caused to the Property by you or your party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Property Owner will not have any liability to you as a result of this situation arising (including for the avoidance of doubt any costs or expenses you incur in securing alternative accommodation).
7.8 You agree to pay for all electricity; fuel, telephone or other charges incurred during your stay where these services are not included in the rental payment.
7.9 You agree to allow the Property Owner reasonable access to the Property.
7.10 You agree that the person completing the Booking Form (on behalf of all the members of the party) is authorised to agree the terms and conditions contained herein and on the website of Crumplehorn Cottages on behalf of all persons included on the booking form, including those substituted or added later.
7.11 Smoking is not allowed in the property. Smoking in outside spaces including patio areas and gardens is permitted – But guests must leave areas as found.
7.12 Your vehicles and their accessories and contents are left entirely at your risk.
8.1 Any queries or complaints arising when you arrive at the Property or during your stay (regarding maintenance or facilities) should be addressed via phone call or e-mail as soon as possible so that we can log and monitor the issue.
8.2 It is important that any complaints are registered with us immediately as complaints of a transient nature (for example, the heating of the Property) cannot be investigated or rectified unless they are registered whilst you are in residence.
8.3 No guarantee can be given that Crumplehorn Cottages will be able to remedy all defects or answer all queries you may have, but they will endeavour to assist you and help as much as possible.
It is recommended that you arrange suitable insurance to protect yourself from the cost of cancellation and for all personal belongings you may take into the Property with you. No insurance is included in the quoted holiday cost.
10.1 Either party shall be entitled to terminate this Agreement with immediate effect on written notice if the other party is in breach of any of its material obligations under this Agreement or, if the relevant breach of material obligations is capable of remedy, the breach has continued unremedied for a period of 30 days after the party in breach has been notified of the breach by the other by a written notice specifying the breach and the steps required to remedy it.
11. Effect of Termination
11.1 Any termination of this Agreement (however occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect any provision of this Agreement which is expressly intended to come into or continue in force on or after such termination.
12. Force Majeure
12.1 If the Property Owner is affected by circumstances which are beyond their reasonable control (including without limitation flood, storm, fire, employment strikes, urgent unforeseen repairs required to Property, telecommunications access problems, destruction or damage of the Property, a pandemic or road blockages) then the Property Owner shall notify you immediately of the extent and nature thereof.
12.2 The Property Owner shall not be deemed to be in breach of this Agreement, or otherwise liable to you, by reason of any delay in performance or non-performance of any of its obligations hereunder (to the extent that such delay or non-performance is caused by circumstances beyond their reasonable control as set out in Clause 12.1 above).
12.3 The Property Owner will procure the refund of any monies held in respect of such bookings for the Property via Crumplehorn Cottages, which are cancelled due to circumstances set out in Clause 12.1 which (notwithstanding Clause 6) shall constitute the full liability of the Property Owner to you.
13. Limited liability
13.1 Save in respect of any death or personal injury claim caused by the negligence of the Property Owner, Crumplehorn Cottages cannot accept liability for any damage, expense or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever.
13.2 Save in respect of any death or personal injury claim caused by the negligence of the Property Owner, any other liability of the Property Owner (if relevant) under this Agreement shall be limited to the rental value of the relevant booking at the Property.
13.3 The Property Owner shall not be liable to you for any loss of profit, consequential loss or other indirect losses under the terms of this Agreement.
13.4 For the avoidance of doubt, the Property Owners take every care to ensure that the accuracy of property descriptions and information contained on the website of Crumplehorn Cottages are correct at the time of publication. However, in the event of any good faith error, the Property Owner cannot accept any liability. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose or other warranties, conditions, guarantees or representations whether express implied by statute or otherwise oral or in writing except as provided herein or such as cannot be excluded by law.
13.5 The use of any amenities, where offered, such as barbeques, gardens, patios, etc is entirely at the user’s risk and no responsibility can be accepted by the Property Owner for any death or personal injury (save to the extent that such death or personal injury was caused by the negligence of the Property Owner). No liability for any other loss or damage in connection with the use of such amenities is accepted.
14.1 This Agreement and any document referred to in this Agreement constitutes the entire agreement, and supersedes any previous agreement, between the parties relating to the subject matter of this Agreement.
14.2 A variation of this Agreement is valid only if it is in writing and signed by or on behalf of each party.
14.3 The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy under this Agreement shall prevent any further exercise of the right or remedy of the exercise of any other right or remedy.
14.4 Except as expressly provided in this Agreement the rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
14.5 Nothing in this Agreement shall be construed as creating a partnership between the parties or as constituting either party as the agent of the other party (save as expressly set out in this Agreement) for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
14.6 The Property Owner shall be entitled to perform any of the obligations undertaken by them and to exercise any of the rights granted to them under this Agreement through any other company which at the relevant time is a holding company or subsidiary or group company and any act or omission of any such company shall for the purposes of this Agreement be deemed to be the act or omission of the Agent.
14.7 You may not assign or transfer or purport to assign or transfer a right or obligation under this Agreement. The Property Owner may assign or transfer or purport to assign or transfer a right or obligation under this Agreement.
14.8 The Property Owner undertakes that in connection with the performance of the services they will comply in all respects with the Data Protection Act 1998 (“the Act”) and they will not knowingly by any act or omission be in breach of the Act and in particular but without limitation they will put in place appropriate technical and organisational measures to prevent the unauthorised processing or disclosure of personal data.
15.1 All of the personal information we hold relating to your booking will not be shared or made available to any third parties and we do not store any financial information or numbers relating to card payments.
ELECTRIC CAR CHARGING –
Guests must not charge electric cars via the electricity supply at the cottages, as the wiring is not suitable.
The nearest electric charge points are situated at –
The Millpool Car-park – West Looe
Seaview Holiday Village – Polperro
Genie Point Charging Station – Polperro Road (Between Looe and Polperro)
Waitrose, Tamar View – Saltash
China Fleet Country Club – Saltash