Fowey Cottages West Country Experience Ltd t/a Fowey Cottages (“Agent”) has been appointed by the owner(s) (“Owner”) of the cottage (“Cottage”) specified on the attached booking form (“Booking Form”) to accept bookings on their behalf in respect of the Cottage. All bookings and stays at the Cottage are subject to these terms and conditions which form a binding contract between the lead guest specified in the Booking Form (“Lead Guest”) and the Owner (“Agreement”).
The Lead Guest warrants to the Owner that he/she is aged over 18, will be a member of the party intending to occupy the Cottage and is authorised to enter into this Agreement in respect of their proposed use of the Cottage on behalf of all persons included on the Booking Form (“Guest Party”).
The price for the Guest Party’s stay at the Cottage (specified on the Booking Form) is payable by the Lead Guest to the Agent (on behalf of the Owner) as follows:
for bookings made more than eight weeks before the start date of the holiday, a deposit of 30% of the total cost is required on making the booking with the balance becoming due eight weeks before the due arrival date (for which no reminder is necessarily sent);
for bookings made less than eight weeks before the start date of the holiday, payment must be made in full on booking;
all payments must be made in time for cleared funds to be received by the Agent by the applicable due date.
By the Lead Guest
If, having made a booking, the Lead Guest wishes to cancel the booking (in whole or part, for whatever reason), the Lead Guest will still be liable to pay the price in full on the terms of this Agreement and accordingly guests are advised to obtain appropriate insurance to cover such cancellation costs. In the event that the Agent is able to re-let the Cottage (which it is under no obligation to do), the Owner shall reimburse to the Lead Guest a sum equal to 75% of the sums actually received from the Lead Guest prior to such re-let. Lead Guests may not (without the prior written consent of the Agent) transfer one booking to another Cottage, or carry over (or receive a refund for) any unused period booked;
By the Owner
The Owner may cancel any booking (i) by reimbursing to the Lead Guest all sums paid by him (which shall represent the Guest Party’s sole remedy in respect of such cancellation) or (ii) where any payment has not been made by or on behalf of the Lead Guest when due (in which case the Owner shall have no liability to refund any payments made).
Health & Safety
The Lead Guest warrants to the Owner that he/she shall (and shall procure that each member of the Guest Party shall):
familiarize him/herself with (or be made aware of) the contents of any information pack at the Cottage, including but not limited those sections regarding safety and fire escape (“Cottage Information Pack”);
ask the Agent immediately if any instructions in the Cottage Information Pack are unclear;
comply with any instructions in the Cottage Information Pack and in any event shall not (and shall not permit anyone at the Cottage to):
- smoke at the Cottage;
- leave lit candles or similar in the Cottage;
- leave any woodburner, stove, open fire, naked flame, BBQ, gas hob or oven unattended, when lit/hot;
- deep fat fry at the Cottage;
- leave children and/or pets unattended at the Cottage;
- leave the Cottage unlocked when vacant;
- vandalise, damage or deface the Cottage;
- cause a nuisance to neighbours;
- allow any person or pet to reside at the Cottage who is not a member of the Guest Party;
- do anything which could render the Owner’s insurance policy(ies) in respect of the Cottage void or voidable
(clause 4(a), “Guest Safety Warranties”)
The Lead Guest shall indemnify and keep the Owner and Agent indemnified against any loss, cost or expense any of them may suffer from time to time as a result of a breach by the Guest Party of any of the Guest Safety Warranties. Without limiting the Owner’s rights and remedies in respect of a breach of any Guest Safety Warranty, the Owner may immediately bring the booking to an end (in which case the Guest Party shall immediately vacate the Cottage, without any refund).
The Lead Guest shall allow the Owner or its representatives access to the Cottage during their stay to check compliance with this Agreement.
The Owner warrants that the description of the Cottage on the website as at the date the Lead Guest’s booking is made is materially accurate, but reserves the right to rearrange furniture, make improvements and redecorate.
The Lead Guest hereby agrees (for him/herself and on behalf of the Guest Party) that, save to the extent set out in this Agreement, all representations and warranties, implied, statutory or otherwise relating to the booking be and are hereby disclaimed by the Owner and waived by the Lead Guest (for him/herself and on behalf of the Guest Party).
Nothing in this Agreement excludes or limits the liability of the Owner for fraudulent misrepresentation, or for death or personal injury caused by its negligence (“Excluded Claims”). Subject to the preceding sentence, the Owner shall have no liability arising from or relating to the acts or omissions of the Guest Party (save to the extent such acts or omission are at the direction of the Owner).
For all claims other than Excluded Claims, the Owner’s aggregate liability for breach by it of this Agreement shall be limited to a sum equal to the amount paid by (or on behalf of) the Lead Guest to the Owner (or its Agent) in respect of the booking, prior to the applicable claim. The Owner shall not be liable to any member of the Guest Party for (i) any indirect or consequential losses (ii) lost profits, income or goodwill, regardless of whether or not the Owner or the Agent has been advised of the possibility of such losses, caused by or resulting from any breach of this Agreement (iii) any loss to the extent caused (or contributed to) by a breach of any Guest Safety Warranty (iv) matters out of the Owner’s reasonable control, including but not limited to fire, flood, lightning strike, high winds, power/phone/Freeview (or equivalent) or broadband outage or road works (v) theft, loss or damage to any vehicle (vi) lost or stolen cash, bank cards, jewellery, business secrets, bearer shares, antiques or artworks.
It is a condition of the Owner’s acceptance of any liability under this clause that the Lead Guest has notified the Agent immediately of any complaint or other issue which could give rise to such claim.
If required, the Lead Guest shall pay to the Owner a security deposit of up to £150 (“Security Deposit”) which will be returned within 14 days of the end of the holiday, less any costs of extra cleaning, rectifying losses, breakages or damage caused during the Guest Party’s term of occupancy (other than as a result of fair wear and tear) and outgoing phone calls/broadband download charges (the Agent’s decision as to the amount of any deduction from the Security Deposit shall be final).
Pets are only permitted in the Cottage subject to Owner’s prior consent (and on payment of the additional applicable fee). Pets are not allowed on furniture or beds in the Cottage and are never to be left unattended in the Cottage. Neither the Agent or the Owner shall be liable for pets’ safety at the Cottage.
Unless otherwise agreed by the Agent/Owner, the Cottage is available for occupation from 4pm on the day of arrival and must be vacated by 10am on the day of departure (Owner reserves the right to make a charge (which it may deduct from the Security Deposit) for unauthorized late departures).
This Agreement contains the entire agreement between the Owner and the Guest Party in respect of the applicable booking.
The failure of or delay by the Owner to enforce or exercise, at any time or for any period of time, any term of, or any right pursuant to this Agreement does not constitute and shall not be constituted as a waiver of such term or right.
No amendments to this Agreement are valid unless they are made in writing and signed by the Lead Guest and the Owner (or Agent on its behalf).
A person who is not a party to this Agreement shall have no rights to enforce it, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
This Agreement and all matters arising from or connected with it shall be governed by, and construed in accordance with, English law and the courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity.