Terms & Conditions of booking at our Cornish coastal estate
The fine print
Terms & Conditions
These terms are between you and us.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
|Arrival Date||the date (and time) on which your Booking will begin and the Property will be made available to you.|
|Balance Due Date||10 weeks before your Arrival Date, except in circumstances where the Booking Confirmation is issued less than 10 weeks before the Arrival Date (in which case the balance is due upon Booking).|
|Booking||the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date.|
|Booking Confirmation||the written acceptance of the Booking Reservation which may include more information such as details around arrival and departure, directions, Property Rules etc.|
|Booking Price||the total price as charged to you for the Booking including any additional charges as set out on the Website or otherwise notified to you when making a Booking.|
|Booking Reservation||the Guest’s request to book a Property for holiday letting purposes.|
|Business Day||a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.|
|Business Hours||10:00am-3:00pm, Monday-Friday.|
|Contact Details||the details found on our Contact Us page of our Website, St Aubyn Estates Holidays - Tel: 01736 888515 (staubynestatescottages.co.uk).|
|Departure Date||the date (and time) on which your Booking will end and you must vacate the Property.|
|Deposit||33.3% of the total Booking Price, required from you when making the Booking to secure the Property for the duration of the Booking.|
|Events Outside of the parties Control||as defined in clause 11.|
|the individual who makes the Booking Reservation and will attend and make use of the Property (further to the Booking Confirmation) with their party.|
|Property||the property/properties provided for holiday letting purposes, details of which have been made available on the Website and properties shall be construed accordingly. Our properties include:|
|Property Rules||specific restrictions applicable to a Property as detailed on the Website.|
|St Aubyn Estates Cottages (we/our/us)||St Aubyn Estate Ltd, a company registered in England and Wales under company number 00392156 whose registered office address is at St Aubyn Estate Office, King’s Road, Marazion, Cornwall, TR17 0EL. St Aubyn Estate Ltd operates St Aubyn Estates Cottages.|
|Terms||these terms and conditions on which your Booking is supplied to you.|
1.2 When we use the words "writing" or "written" in these Terms, this will include email but excludes fax.
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 within these Terms are complete and accurate before you submit the Booking Reservation. If you think that there is a mistake within these Terms or that these Terms require any changes, please contact us to discuss. We will confirm any changes to these Terms in writing to avoid any confusion between you and us.
2.2 Once you submit a Booking Reservation to us and pay the Deposit (or the full Booking Price if the Booking Reservation is made within 10 weeks of the Arrival Date) we will send you a Booking Confirmation email (or letter in the post, if you do not have or have not provided an email address).
2.3 These Terms will become binding between you once we issue you with the Booking Confirmation.
2.4 If any of these Terms conflict with any term contained within the Booking Reservation, the Booking Confirmation, or the Property Rules, these Terms will take priority.
2.5 The maximum number of people who can stay in the Property will be notified to you on the Website (subject to any government restrictions, which may supersede this from time to time). You guarantee that you will not exceed the maximum occupancy number on the Website or exceed any government restrictions applicable at the Arrival Date.
2.6 All Bookings start and finish on a Friday for Faraway Cottage and Bosistow Farmhouse, and Saturday for Corner Cottage, Cove Cottage, Three Chimneys and Higher Roskestal (except as agreed for out-of-season short breaks). Your Booking will commence at 5pm on the Arrival Date and terminate at 9am on the Departure Date.
2.7 You agree not to arrive at the Property before the Arrival Date and to depart from the Property on or before the Departure Date. The Property will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge in the event that you have not left the Property by the agreed Departure Date.
2.8 Any illustrations, photographs and other imagery displayed are for illustrative purposes only are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
2.9 You confirm that the individual making the Booking Reservation is over the age of 18.
2.10 The Property is provided for holiday letting purpose 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 between you and us and you will not be entitled to any:
2.10.1 new tenancy; or
2.10.2 assured short hold or tenancy; or
2.10.3 any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure,
now or from the Departure Date of the Booking.
3. Changes to BOOKING or terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how we accept payment from you;
3.2.2 changes in relevant laws and regulatory requirements; or
3.1.3 if we have a valid commercial reason to do so.
3.2 If we have to revise these Terms under clause 3.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 If you wish to change the dates of your Booking or amend your Booking in anyway, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve that right to charge for any differences in price (for example if the new dates fall within a high season as detailed on the Website).
4. ENJOYING the Property & Restrictions
4.1 We will supply the Property to you for the period set out in the Booking Confirmation.
4.2 Access to the Property is subject to your adherence to these Terms and the Property Rules.
4.3 We will make every effort to make the Property available to you on time. However, there may be delays due to an Event Outside of the Parties Control. See clause 11 for our responsibilities when an Event Outside of the Parties Control happens.
4.4 If you do not pay us for your Booking when you are due to, access to the Property will not be permitted and the Booking will be cancelled.
4.5 You shall take proper care of the Property and its contents during your Booking or you may 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 it is found at your Arrival Date.
4.6 Any Property Rules provided to you via the Website, shall be incorporated into these Terms and breach of any of the Property Rules will be treated as a breach that entitles us to cancel the contract.
4.7 Keys are kept in a key code box on each Property. We will issue you with the key safe code by email prior to the Arrival Date. All keys must be returned to the relevant Property key safe on the Departure Date. If you lose or damage a set of keys, we will invoice you separately for the cost of a replacement key. Failure to return the keys before or on the Departure Date will result in further charges.
4.8 All Properties and the surrounding grounds are no smoking and no vaping areas. If it is evident that smoking or vaping has occurred during your Booking, you will be asked to vacate the Property immediately and will be liable for any costs incurred deep cleaning, redecorating, and cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable.
4.9 There is parking for cars at all the Properties. Cars are left at your own risk.
4.10 Cots can be made available by us but can only be occupied by a child under two years of age. Cot linen is not provided.
4.11 Electricity is included in the Booking Price, as is central heating where provided. A “starter pack” of lighters, matches, and logs are provided for a fire on the first evening. Bed linen and bath towels are provided by us. Beach towels are not provided.
4.12 Internet access is offered in all Properties, 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.
4.13 If you wish to have a third party to provide services on the Property premises, this will only be allowed where we have provided written approval of such third parties ahead of the Arrival Date. Please contact us using the Contact Details to discuss any such third party.
4.14 Upon your arrival, please notify us of any defects within the first 24 hours. Thereafter you will be deemed to have accepted the condition of the Property.
4.15 Please ensure you are familiar with the Property’s location and that the Property is suitable for your needs.
4.16 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 all reasonable times for the purpose of inspection or to carry out any repair deemed necessary to the Property and its contents.
4.17 All belongings and vehicles are left at the Property at your own risk. Please ensure all belongings are removed by the Departure Date as the return of any lost property cannot be guaranteed and will incur charges.
5.1 All our Properties accept well-behaved dogs at the discretion of the management. There is a charge of £35 per dog per week. A maximum of one dog can be accommodated in Corner Cottage and a maximum of two dogs in Higher Roskestal Bosistow Farmhouse, Three Chimneys, Cove Cottage and Faraway.
5.2 Dogs should not to be left alone in the Property at any time and should not be allowed on any furniture. Pets are not allowed upstairs in any Property.
5.3 We reserve the right to refuse admission or request immediate departure from the Property to anyone who brings more than the agreed number or size of pets or anyone who leaves pets unattended in the Property during the period of their Booking.
5.4 You will be liable for any damage caused by dogs or parasites introduced by your dogs, including where the Property is not left sufficiently clean and for any dog waste that has not been removed from the Property and the surrounding areas. The cost of any repair, replacement or extra cleaning will be invoiced to you separately.
5.5 We are not liable for any allergies that are affected as a result of pets present in previous occupancy.
6. Price and payment
6.1 The Booking Price will be set out on the Website, at the time of submitting your Booking Reservation and as detailed in your Booking Confirmation.
6.2 All Payments must be made in the currency shown in the Booking and may be made by debit card, credit card, or bank transfer. Cheques are not accepted as Payment. Bank transfers must be cleared in funds by the deadlines for Payment as set out in these terms. Any bank or transfer charges must be borne by you.
6.3 Where VAT is chargeable, it is included in the sums given.
6.4 Where your Booking Reservation is more than 10 weeks before the Arrival Date, you must pay the Deposit of one-third of the full Booking Price which will be notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.
6.5 Where your Booking Reservation is made with less than 10 weeks before the Arrival Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
6.6 We will notify you before the Balance Due Date that payment is due. If payment is not received we will try and contact you. If we cannot contact you or you do not make any payment due to us by the Balance Due Date for payment, we will treat the non-payment as your cancellation of the Booking and therefore termination of this contract. In these circumstances, your rights to a refund are set out in clause 9.
7. LEGAL RIGHTS and complaints
7.1 As a consumer, you have legal rights in relation to your Booking where it is not offered to you with reasonable skill and care, or if the service provided to you is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. However we ask that you contact us in the first instance using our Contact Details.
8. Our liability to you
8.1 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 any liability which cannot be excluded or limited by law.
8.2 Subject to clause 8.3, our total liability to you shall not exceed the total amount paid by you for the Booking under these Terms.
8.3 We do not limit our liability for:
(a) Death or personal injury caused by our negligence of our employees, agents, or subcontractors;
(b) Fraud or fraudulent misrepresentation; or
(c) Any liability it would be unlawful to exclude.
8.4 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.
8.5 We only supply the Property for domestic and private use. 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.
9. your rights to cancel and applicable refund
9.1 We recommend that you take out appropriate travel insurance policy before placing your Booking Reservation.
9.2 You may cancel a Booking before the Arrival Date by contacting us using the Contact Details. If you need to cancel your Booking, we will try and re–book the Property. If we are able to re-book the Property, we will refund any money paid by you subject to any reduction for the difference in price between the Booking Price and the re-booked price. If we cannot re-book the Property the following refund policy will apply dependant on the amount of time before the Arrival Date:
|Cancellation received at least 10 weeks before the Arrival Date||Cancellation received less then 10 weeks before the Arrival Date|
|All monies paid||50% of the Booking Price|
For example if you make your Booking on 1st January with the Arrival date of 1st April at a total cost of £1,000 and cancel your Booking on 25th February and we cannot re-book the Property, you will receive a £500 refund.
9.3 We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
9.4 If you depart voluntarily from the Property before the Departure Date, no refund shall be given in respect of any period when you do not occupy the Property.
9.5 In the unlikely event that a Property is not available during the period of Booking due to an Event Outside of the Parties Control or if you cannot legally travel to the Property as a result of an Event Outside of the Parties Control, then we may be forced to cancel the Booking and you will be advised as early as possible or you must write to us as soon as possible in the event of an Event Outside the Parties Control and its impact on your ability to legally travel to the Property. In the event of such cancellation, you shall have the following options:
9.5.1 To transfer the Booking to a later date and/or another Property free of any administration charges, subject to availability. You will have to pay any difference in price if the cost of the new Booking is higher or to be reimbursed if the difference in cost is lower;
9.5.2 To request a voucher with a redemption value equal to the amount previously paid for the Booking, the voucher terms and conditions will be available to you before you make that choice under this clause; or
9.5.3 To obtain a refund of the amount already paid for the Booking.
9.6 Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3.1 and you elect to cancel the contract (except where we have been affected by an Event Outside of the Parties Control), you do not have to make any payment to us.
10. our rights to cancel and applicable refund
10.1 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.
10.2 If we have to cancel a Booking under clause 10.1 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.
10.3 We may cancel the contract for your Booking at any time with immediate effect by giving you written notice if you:
10.3.1 do not pay us when you are supposed to; or
10.3.2 break the contract in any other material way.
11. Event Outside of the Parties Control
11. An Event Outside of the Parties Control includes without limitation, acts of God, flood, draught, earthquake, or other natural disaster; epidemic or pandemic, any law or legally enforceable action taken by the government or public authority which affects the ability of the relevant party to perform a contractual obligation.
11.2 We shall not be in breach of these Terms, nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from an Event Outside Our Control. If we are unable to provide the Property to you due to an Event Outside Our Control, we will inform you as soon as possible and offer you an alternative stay at a different property (if available), alternative dates or a full refund if possible.
11.3 Weather will only be included as an Event Outside of the Parties Control where a red weather warning has been issued by the Met Office.
12. How we may use your personal information
12.1 We will use the personal information you provide to us to:
12.1.1 provide your Booking;
12.1.2 process your payment for your Booking;
12.1.3 process identity checks where necessary; and,
12.1.4 inform you about similar products or services that we provide, where you have provided us with your consent to receive such information. You may stop receiving these at any time by contacting us.
13. Other important terms
13.1 We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.
13.2 Except for you (the Guest) and us, no other person shall have any rights to enforce any of these Terms.
13.3 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.
13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you (or if we delay in doing so) that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.5 These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts.