Booking Terms and Conditions
Ocean Holidays Cornwall Limited is a company registered in England and Wales, registered no. 010995871, registered office address 7 West Stables, Foundry Lane, Hayle, TR27 4DW. VAT Registered, number: 340 5139 31.
Reference in these terms and conditions to “The Property” or “accommodation” means the named property stated on your booking confirmation and shall include, where the context permits or requires, any and all common parts or communal areas such as the car park and gardens.
Reference to the “Owner” means the owner of the properties.
Reference to “Ocean Holidays Cornwall” means Ocean Holidays Cornwall, the Agent.
Reference to “the hirer” or “you” means the person or persons accepted by the owner as authorised to occupy the Property for the period specified on the Booking Confirmation and shall, where the context permits or requires, include all persons named on the Booking or substituted therefore or otherwise occupying the Property.
Ocean Holidays Cornwall does not hold any proprietary interest in the properties but merely acts as agent for the owner of the property. The letting arrangements are made by Ocean Holidays Cornwall, on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
1.1 Bookings may be made via the Ocean Holidays Cornwall website at beachstaysstives.co.uk or by telephone. Bookings via 3rd party websites are always subject to approval and confirmation at the discretion of Ocean Holidays Cornwall.
1.2 A booking, whether via the website, by telephone, or through a 3rd Party must be accompanied by a deposit payable to Ocean Holidays Cornwall.
1.3 Your booking is complete once you have received confirmation from Ocean Holidays Cornwall in writing (the “Confirmation of Booking”).
1.4 Ocean Holidays Cornwall reserves the right to terminate a confirmed booking at any time until the day of arrival.
1.5 Bookings made more than 4 weeks in advance require a 25% initial payment. The balance, is due 4 weeks before your holiday commences. Bookings made less than 4 weeks in advance require payment in full.
2.1 Once a booking has been confirmed by Ocean Holidays Cornwall, the booking can only be changed with the written agreement of Ocean Holidays Cornwall.
2.2 Where Ocean Holidays Cornwall agree to the change in the dates of the letting, an administration fee of £75 (inclusive of VAT) will be added to the full tariff.
2.3 If you wish to cancel the booking, you must notify Ocean Holidays Cornwall in writing (“Cancellation Notice”).
2.4 A booking can only be cancelled prior to the start of the letting.
In the event that a cancellation is made then a Cancellation Charge is payable. The charge is dependent on the number of days before the letting start date the Cancellation Notice is received by Ocean Holidays Cornwall.
|DAYS TO LETTING START DATE||CANCELLATION CHARGE AS A PERCENTAGE OF TOTAL BOOKING VALUE|
|0 – 31||100%|
|32 – 45||50%|
|45 OR MORE||25%|
- Arrival and Departure
3.1 Lettings commence at 4:00pm on the day of arrival and terminate at 10:00am on the day of departure (unless otherwise notified in writing by Ocean Holidays Cornwall). If a late check out is unavoidable it must be arranged in advance and is at Ocean Holidays Cornwall sole discretion. A late check out that is not pre arranged and sanctioned by Ocean Holidays Cornwall will incur a charge of £50 per hour (inclusive of VAT).
3.2 The maximum letting period is 28 days.
3.3 All accommodation must be left as you found on arrival. A cleaning charge of £150 (inclusive of VAT) will be levied on the Hirer if the property is left in an unacceptable condition as defined at Ocean Holidays Cornwall discretion. Any damages are payable separately.
- Price Changes
Ocean Holidays Cornwall has made all reasonable efforts to accurately describe the property in the information that we publish. You acknowledge that differences may arise between the information given and the actual property itself including fixtures and fittings.
Ocean Holidays Cornwall reserve the right to amend prices quoted due to errors or omissions or changes beyond our control, such as changes to VAT.
If you as the Hirer meet any of the criteria below we may cancel or refuse your booking. For further clarification please speak to one of the team prior to booking:
- a) The Hirer and accompanying guests are aged under 18 years.
- b) The Hirer and accompanying guests are stag or hen parties.
- c) The Hirer has on a previous occasion left the property in an unacceptable standard as defined by Ocean Holidays Cornwall.
We also reserve the right to refuse any booking at our discretion without giving reason.
Unless otherwise noted our properties are not pet friendly. The hirer is responsible for not allowing pets or animals into the property throughout the duration of the rental agreement. If you are given authorisation to bring a pet please note your additional obligations.
All properties are Non Smoking. Smoking in the property will incur a charge of £120 (inclusive of VAT) and any additional costs incurred to rectify damage including smell will be liable to the guest.
- Method of Payment
Ocean Holidays Cornwall can only accept payments made by credit or debit card, BACS and telegraphic bank transfer.
8.1 Payments by cash cannot be accepted.
8.2 Any charges raised against Ocean Holidays Cornwall by their bank for handling bank transfers or any other payments will be passed on to you and you are liable to reimburse Ocean Holidays Cornwall within seven days of receipt of notification from Ocean Holidays Cornwall.
8.3 Overseas applicants may pay by telegraphic transfer to Ocean Holidays Cornwall bank (details available on request). Any charges for payments from overseas will be passed on to you.
- The Holiday Letting
The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
9.1 The letting does not confer upon you a shorthold tenancy.
- Published Information
Some of the information published by Ocean Holidays Cornwall relates to matters beyond the properties such as shops, activities and public houses. Changes to and services provided by external facilities are outside Ocean Holidays Cornwall control and we cannot be held liable for.
11.1 Subject to condition 11.3, Ocean Holidays Cornwall cannot accept liability for any act, neglect or default on Ocean Holidays Cornwall part or any other person not within their employ or otherwise under their control, nor for any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Ocean Holidays Cornwall, its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the holiday letting. In addition, Ocean Holidays Cornwall accepts no liability for loss of or damage to your possessions on the Owners’ property or land.
11.2 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.3 Nothing in these conditions excludes or limits the liability of Ocean Holidays Cornwall:
(a) for death or personal injury caused by Ocean Holidays Cornwall; or
under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for Ocean Holidays Cornwall to exclude or attempt to exclude their liability; or for fraud or fraudulent misrepresentation.
11.4 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking less any insurance or cancellation charges.
- Your Obligations
- a) to pay within 14 day of notification for any losses or damages to the property, caused by you or a member of your party. Reasonable wear and tear excluded, which for the avoidance of doubt means repairs wear out or come adrift in the course of reasonable use, which will be determined at the Owner’s discretion;
- b) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed in writing with Ocean Holidays Cornwall
- c) to permit the Owner and Ocean Holidays Cornwall reasonable access to the property;
- d) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
- e) not to sell or transfer the booking to another without the written consent of Ocean Holidays Cornwall;
- f) not to use a cot for a child over the age of 12 months; and
- g) not to have anyone other than those detailed at the time of the booking and listed in the Booking Confirmation staying at the property; and
- h) to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Ocean Holidays Cornwall properties regarding your behaviour may result in the Owner and Ocean Holidays Cornwall requiring you to leave the property immediately without a refund of any monies paid by you.
- Breach of Contract
13.1 If there shall be a material breach of any of these conditions by you, Ocean Holidays Cornwall reserves the right to re-enter the property and terminate the letting.
13.2 If there shall be a material breach of any of these conditions by Ocean Holidays Cornwall, then you have the right to terminate the letting.
13.3 In the event that Ocean Holidays Cornwall is unable to find someone else to occupy the property for the remainder of your stay at an equivalent rate no refund of any sums you have paid will be returnable to you.
13.4 Termination of the letting pursuant to condition 13.1 and 13.2 does not affect that party’s other rights and remedies.
14.1 Ocean Holidays Cornwall tries to take every care to prepare the properties to a standard whereby you will enjoy your holiday. If a problem or cause for complaint does arise, please contact Ocean Holidays Cornwall immediately. Every effort will then be made to assist you. It is frustrating for all parties if you write after your holiday to inform Ocean Holidays Cornwall of a problem that could have been solved had Ocean Holidays Cornwall known at the time.
14.2 If Ocean Holidays Cornwall was denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint.
- Data and Privacy
15.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you via email or post. We will pass your information onto any third parties for the purposes of administration, such as a card payment processor. Contractors will not be allowed to use your personal information for any other purpose than that which Ocean Holidays Cornwall may have instructed. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to email@example.com.
15.2 Ocean Holidays Cornwall is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
Many of the Owners are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the Rental Fee.
17.1 Unless stated under ‘Apartment Description’, none of the apartments are equipped with a landline. Mobile phone reception is limited at many of the properties due to the rural location of St Ives and Ocean Holidays Cornwall cannot be held responsible for poor service provision. Ocean Holidays Cornwall offer a free wifi internet access where stated in property descriptions; if the service is ever disrupted or internet access in not available Ocean Holidays Cornwall cannot be held responsible and will not issue compensation because of the disruption.
18. Validity Condition
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
The contract embodied in the booking is governed by English law, and subject to the exclusive jurisdiction of the English courts.