a. Fowey Cottages West Country Experience Ltd t/a Fowey Cottages (“FC”) 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”)
b. FC act as an agent for the owner in the letting of their property to you, the hirer. When you make a booking through FC, you enter into a contract with the Owner. FC does not hold any ownership in the properties but acts as an agent for the owner of the property. The rental arrangements are made by FC on behalf of the Owner and the contractual relationship is directly between the Owner of the property and you.
c. 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”).
2. Payment – the price for the Guest Party’s stay at the Cottage (specified on the Booking Form) is payable by the Lead Guest to FC (on behalf of the Owner) as follows:
a. for bookings made more than eight weeks before the start date of the holiday, a deposit of 30%-50% 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);
b. for bookings made less than eight weeks before the start date of the holiday, payment must be made in full on booking;
c. all payments must be made in time for cleared funds to be received by FC by the applicable due date.
a. 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 FC are able to re-let the Cottage (which it is under no obligation to do), the Owner shall reimburse to the Lead Guest all sums paid save that FC will retain a sum equal to 30% of the total price of the booking. Any reimbursement over and above that sum shall be entirely at the discretion of FC. Lead Guests may not (without the prior written consent of FC) transfer one booking to another Cottage, or carry over (or receive a refund for) any unused period booked;
b. 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).
4. Initial Information Pack
On receipt of payment in accordance with Clause 2 FC shall email to the Lead Guest the relevant information regarding the location of the Property and where to obtain the keys for the Property.
5. Health & Safety
a. The Lead Guest warrants to the Owner that he/she shall (and shall procure that each member of the Guest Party shall):
i. 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”);
ii. ask FC immediately if any instructions in the Cottage Information Pack are unclear;
iii. 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 damage to any of the fixtures, fittings, appliances and linens provided
- cause a nuisance to neighbors;
- 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
Collectively “The Guest Safety Warranties”)
b. The Lead Guest shall indemnify and keep the Owner and FC 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.
c. In the event of a breach of the Guest Safety Warranties the Owner may immediately terminate the Guest Party’s occupation of the Property. In the event that the Contract is brought to an end in this fashion FC and/or the Owner shall have no liability in respect of any losses suffered by the Guest Party.
d. The Lead Guest shall allow the Owner or its representatives access to the Cottage during their stay to check compliance with this Agreement.
The maximum number of people allowed is stated in every description and extra persons cannot be accommodated. You shall not part with possession of the Property or share it, except with members of your party detailed on the booking form. You shall not use the Property for any commercial purpose. The Owner reserves the right to terminate without notice and without refund for a breach of this condition.
7. Owner’s Liability
a. 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.
b. 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).
c. 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).
d. 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 FC have 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.
e. FC and/or the Owner accept no liability in respect of any disturbances caused as a result of nearby building works or events taking place in the locality, over which FC and/or the Owner have no control.
f. It is a condition of the Owner’s acceptance of any liability under this clause that the Lead Guest has notified FC immediately of any complaint or other issue which could give rise to such claim.
8. Surety Deposit – if required, the Lead Guest shall pay to the Owner a security deposit of up to £250 (“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 (FC’s decision as to the amount of any deduction from the Security Deposit shall be final).
9. Pets – 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 FC or the Owner shall be liable for pets’ safety at the Cottage.
We recommend all our properties provide WiFi for our guests and it will be made clear in the Holiday Properties particulars whether the Property You have booked includes WiFi. However, no warranty is given as to the speed of the wi-fi service nor its reliability as the factors vary considerably according to location, service provider and other factors. WiFi service is provided with the expectation that speeds/data allowance may be limited and no compensation will be given as a consequence of slow speeds/over consumption of data usage. WiFi may not be available at all times and is provided for pleasure and not business purposes. Bookings cannot be accepted if they are reliant on the provision of uninterrupted and unlimited provision of WiFi.
11. Arrival/Departures - unless otherwise agreed by FC/the 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).
Whilst FC will make every effort to ensure the accuracy of the information contained in all advertising and other promotional literature, the information and prices may have changed by the time you come to book or there may have been an error. FC reserve the right to amend prices quoted for the Property in any advertising material due to error, omission, or changes in the VAT rate and, to change the payment processing charges. You must check all material details of the Property with FC at the time of booking. FC cannot accept any responsibility or liability for any inaccurate, incomplete or misleading information about the Property or its facilities and/or services, except in the case of negligence by FC. FC will however use its reasonable endeavours to notify you of any changes to or any inaccuracies in any information contained in any advertising material provided to you relating to the Property as soon as reasonably practicable.
13. Complaints Procedure
Should any complaints arise during your stay, please allow FC and/or the Owner the opportunity to investigate the matter further. As soon as is reasonably practicable after the problem arises you should contact FC’s customer services team at X, giving full details of your complaint. FC and/or the Owner will make every effort to deal with your complaint quickly and efficiently. In no circumstances will compensation be made for complaints raised after your period of occupation has ended when the visitor has denied FC and/or the Owner the opportunity of investigating the complaint and attempting to remedy such. In the event that you have followed the above process and the complaint remains unresolved you must within 30 days from the date of the end of period of occupation put your complaint in writing to FC. FC will thereafter provide assistance in attempting to resolve the complaint between You and the Owner and/or FC.
14. Out of Hours Emergency
Our office opening hours are 9am-5.30pm Monday to Saturday and closed on Sunday. In the event of an emergency please call the out of hours number provided in the Cottage Information Pack. Please only call this number for the following reasons
a. No Power
b. No Heating
c. No Water
d. Serious Leak
e. Locked Out of the Property
Please note than an inability to access WIFI is not deemed an emergency. Any issue not deemed to be an emergency will be responded to on the next business day.
a. This Agreement contains the entire agreement between the Owner and the Guest Party in respect of the applicable booking.
b. 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.
c. No amendments to this Agreement are valid unless they are made in writing and signed by the Lead Guest and the Owner (or FC on its behalf).
d. 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.
e. This Agreement and all matters arising from or connected with it shall be governed by, and construed in accordance with the Law of England and Wales.