TERMS AND CONDITIONS FOR HOLIDAY ACCOMMODATION (please note – other terms and conditions apply for wedding bookings)
CONTRACT
This Contract for a short-term holiday rental will be between the owners of Cosawes Barton (referred to as “us”, “we” or “our”) and the person making the booking (referred to as “the Customer”, “your” or “you”). English law will govern the contract which will be subject to these booking conditions. The person making the booking must be at least 18 years of age at the time of booking and prior to arrival we must be provided with a list containing the names, ages, postcodes and contact details of all guests.
PAYMENT
Bookings are confirmed upon receipt the deposit of 30% of the booking cost. The balance of the cost will be due for payment 56 prior to the booking commencement date whether demanded or not. If the booking is made withing 56 days of the holiday start, the payment is due in full. If any payment is not made within 7 days of it being due, we reserve the right to cancel the booking.
CANCELLATION
Cancellation by You
Cancellations must be immediately notified to us in writing.
Bookings will be treated based of the reason for the cancellation, the length of time between cancellation and your holiday, and our ability to re-let the property, as follows:
National Lockdown – In the event of a national lockdown that coincides with your holiday where you are unable to travel, and we are prevented from opening, you will receive a full refund.
Regional/Local Lockdown – In the event that the address given on the booking is put into Regional/Local Lockdown rendering you unable to travel, and the period of restriction covers the period of your booking, you will receive a full refund. Please note that this applies only to the address given on the booking by the lead booker and does not apply if another party member at a different address is unable to travel due to local lockdown.
Your inability (or the inability of any, some or all of your intended party) or disinclination to travel to and stay with us for any other reason than lockdown. This includes – but is not limited to – illness (including Covid), a requirement or recommendation to self-isolate or quarantine, a call to jury duty, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport. These remain at your risk and do not give rise to a right to cancel or to receive a refund unless we re-let the property, other than according to the sliding scale below. You are strongly recommended to take out UK travel insurance to cover these eventualities. If you choose not to take out UK travel insurance, then you accept responsibility for any loss that you may incur due to your cancellation.
Travel Insurance
It is your responsibility to take out acquire suitable travel insurance to cover your holiday, including Cancellation and Curtailment Protection Insurance. We strongly recommend that you take out suitable insurance which will cover you for possible cancellation of your holiday. There are several suitable options which include cover for COVID-related cancellation (see below), or you can look for suitable cover on comparison sites such as www.gocompare.com. We are not selling, promoting, endorsing or recommending any particular product, and do not benefit financially or have any formal relationship with any of these providers.
https://www.coverwise.co.uk/Travel-Insurance/corona-virus.aspx
https://www.allianz-assistance.co.uk/travel-insurance/Covid-19-travel-insurance.html
https://www.trailfinders.com/insurance#/step1
Refunds
All refunds will be subject to deduction of a non-refundable administration fee of £75 to cover our costs related to cancellation and remarketing (these costs include our admin costs, re-marketing costs, bank fees and accounting fees).
A cancellation charge will be made based on the number of days notification of cancellation given and whether the cottage is re-let for the period of the cancelled stay. We will apply the scale shown in the table below to determine the amount of the refund payable to you. If the cottage is not re-let, this will be a percentage of the total cost of the holiday. If the cottage is re-let, the amount refunded will be the rebooking value (which may be less than you paid) less the non-refundable administration fee of £75.
Part Cancellations – If any person(s) in your party needs to cancel, this will not affect the total cost of your booking. In addition, no refunds are payable in the event that you cut short your stay.
Time from Cancellation to Arrival |
Cottage not rebooked – |
Cottage rebooked – |
|
we refund to you |
we refund to you |
> 8 weeks |
Deposit less £75 |
Deposit less £75 |
42-56 days |
60% of total cost |
Rebooking value less £75 |
29- 41 days |
50% of total cost |
Rebooking value less £75 |
22-28 days |
40% of total cost |
Rebooking value less £75 |
15-21 days |
30% of total cost |
Rebooking value less £75 |
8-14 days |
20% of total cost |
Rebooking value less £75 |
0-7 days |
10% of total cost |
Rebooking value less £75 |
Cancellation by Us
If we have to cancel your booking for any reason, including a Force Majeure event, meaning any of the following circumstances which may hinder or prevent the performance by us of this contract, you will be refunded in full:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including without limitation imposing a restriction, prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts;
(h) non-performance by suppliers or contractors; and
(i) interruption or failure of utility service where the period of closure covers you booking.
THIRD PARTY SUPPLIERS
If you wish to engage any third party to perform any service (including private catering, beauty therapy, childminding or entertainment services) during your stay you must obtain our written permission. Such permission should be requested in advance of your stay with details of the party you intend to use, the service to be performed and details of their public and employer’s liability insurance. Consent will only be given where we and our insurers are happy that the appropriate risks have been covered. We will not accept liability for the services provided (or failure to provide such services) by any third-party supplier used by you in the course of your stay (regardless of whether they are recommended or referred by us). This will not apply where we have been negligent or dishonest in this regard.
PERIOD OF HIRE
You should not arrive before 4pm on your arrival date and should leave by 10am on the day of departure. Failure to do so may result in you being charged a further day’s rental. The agreement to stay in the property for the holiday period does not create the relationship of Landlord and Tenant. You shall not be entitled to a new tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the holiday period.
NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on the website occupy the property unless agreed with us in advance. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use our facilities.
LIABILITY
We shall not be liable to you or your party for loss or damage to property howsoever arising unless demonstrably caused by our negligence or wilful misconduct or that of those for whom we are legally responsible. You must take all necessary steps to safeguard yourselves and your property. Please note that the play equipment is strictly for children under 12 years old and its use is at your own risk. Children should be supervised at all times when using the equipment or whilst exploring the estate.
You agree to fully indemnify us against any claim which may arise as a result of your negligence, wilful misconduct, use of property or breach of these conditions.
BEHAVIOUR AND CARE OF THE PROPERTY
You are responsible for the behaviour of your party and are expected to take all reasonable care of furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair and in a reasonable clean and tidy condition at the end of the rental period. All waste must be removed and placed in the bins or recycling area at the end of your stay.
You must not use the property for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on any act that may be a nuisance or annoyance to us or other neighbouring properties. We reserve the right to ask you to leave, without refund, should your behaviour or that of your party be unacceptable in our reasonable opinion. It is generally our policy to take security deposits but whether a security deposit is taken or not, you are responsible for any damage or breakages to the property. If no security deposit is taken (or the security deposit amount is insufficient), we shall be entitled to make an additional charge. An additional charge may also be made if extra cleaning is made necessary as a result of the property being left in a dirty condition. You are not permitted to move any furniture or equipment without prior written consent. In the event of such permission being granted, it is your responsibility to return the same to its original position before checkout.
SMOKING No smoking is allowed in any internal parts of the property. If you wish to smoke outside, please do not discard cigarette butts in the gardens or grounds.
Wi-Fi AND OTHER AMENITIES
Wi-Fi is provided and you agree to reasonable and lawful usage of this service. The provision of Wi-Fi is a complimentary facility, and we accept no responsibility for loss of coverage or quality where technical problems are experienced. The use of the climbing frame and Games Room cannot always be guaranteed.
RIGHT OF ENTRY
We have the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
COMPLAINTS
If you have any problem or cause for complaint, please contact us immediately to give us the chance to resolve it during your stay.
DRONES, FIREWORKS AND NIGHTLIGHTS
The use of drones or fireworks are not allowed without our express written permission. Night Lanterns are expressly forbidden.
PETS
Dogs have to be booked in and paid for (£35 per dog, per stay). Up to two dogs are allowed in each cottage. We may allow more dogs to stay but this must be agreed in writing before arrival. We would ask that you comply with the following:
– On arrival, and at all other times, your dog(s) must be kept on a lead in and around the courtyard/cottages.
– Please be aware there may be animals in our fields, and only take dogs into fields with other animals whilst on a lead. Please also make sure you close any gates behind you.
– Please pick up after your dogs in the estate and in the cottage gardens.
– Your dog(s) must not be left alone in the property.
– Please thoroughly clean the cottage, including dog hair from rugs, before you leave.
PRIVACY POLICY
This Privacy Policy will help you understand how we collect, use and protect your personal information. If you have any queries about this Privacy Policy or how we process your personal information, please contact [email protected] or by post to: Louise Bishop, Cosawes Barton, Ponsanooth, Cornwall, TR3 7EJ. We are a ‘data controller’ under the General Data Protection Regulation also known as the GDPR.
WHAT INFORMATION WE COLLECT ABOUT YOU
The personal data you have provided, or we have collected from you includes:
- Name and address
- contact details, including telephone numbers and email address
- Size of group booking and possibly ages of individuals (to ascertain whether guests are adults or children)
- Ages of children in order to ascertain particular needs such as high chairs/cots
HOW WE COLLECT INFORMATION ABOUT YOU
The information we hold about you is that which we collect directly from you during the booking process or in subsequent communication with you.
WHAT WE USE YOUR INFORMATION FOR AND THE LEGAL BASIS FOR PROCESSING
We store and use your personal information for the purposes of administering your booking as is necessary for our legitimate business interests. Our “legitimate interests” include our legitimate business purposes and commercial interests in operating our business in a customer-focused, efficient and sustainable manner to ensure your stay is enjoyable.
USING YOUR PERSONAL DATA FOR MARKETING
We may occasionally send marketing material by post, or email and through digital channels. Digital channels include social media and similar such digital marketing channels. You can object to receiving marketing from us at any time. Please email us at [email protected] in order to unsubscribe or by post to Louise Bishop, Cosawes Barton, Ponsanooth, Cornwall, TR3 7EJ. We consider that it is within our legitimate interests to send you information about Cosawes Barton for marketing purposes.
WHO WE SHARE YOUR DATA WITH
We use third party service providers who support the operation of our business, such as IT (as is necessary for our legitimate interests). Bookalet online booking systems are used in order to store your personal data and as such they are deemed a Data Processor. Bookalet have confirmed they are GDPR compliant and their privacy policy can be found at https://www.bookalet.co.uk/privacy
We are a member of Premier Cottages, a professional collective of independent luxury cottage owners. Premier Cottages promotes properties on our behalf as well as other luxury cottages. As members of Premier Cottages we would like to give them your information so that they can contact you about other quality properties that you might like. You may unsubscribe from this service at any time. Otherwise we do not share your information with any other 3rd parties.
HOW LONG YOUR INFORMATION IS KEPT
We will retain your personal information after a booking as necessary to allow us to carry out our business. Your information will be kept for up to 3 years on systems after which time it will be deleted.
YOUR RIGHTS
Under the GDPR, you have the following rights:
- to require us to erase your personal information;
- to require us to restrict or object to our data processing activities;
- to receive from us the personal information we hold about you which you have provided to us
- to require us to correct the personal information we hold about you if it is incorrect.
If you are not satisfied with how we are processing your personal information, you can make a complaint to the Information Commissioner.