Studio Cottage Talland Bay

Booking Terms & Conditions

1
Studio Cottage – Terms & Conditions
1. General Information
1.1. In these conditions, ‘The Client’ is the person who has made arrangements with the Owner as
the principle contact or party leader and is named on the Invoice.
2. The Reservation Process
2.1 Reservations can be made via either by our website www.studiocottagetallandbay.co.uk or by
email. A provisional reservation can be held for 24 hours, after which it will be cancelled
automatically if we have not received payment (in part or full).
2.2 When you submit a contact form via our website you will receive an email back to the email
address you provide in the form. This does not form a contract. A contract shall only arise when your
booking is subsequently confirmed in writing via a letter of confirmation sent to you by email along
with our Terms & Conditions.
2.3 The Owner reserves the right to refuse a booking if it is deemed that the accommodation might
not be suitable for the intended stay (Holiday).
2.4 A reservation is confirmed once we have received the following: –
• An acknowledgement of receipt of the Terms & Conditions by the Client.
• Received either a deposit payment or full payment (whichever is applicable). Any payment made
by the Client to the Owner in respect of a property is deemed to confirm acceptance of these Terms
and Conditions.
2.5 As soon as your confirmation is received please check the details carefully, if anything is incorrect
please inform us immediately. However, we regret we cannot accept liability if we are not notified
of any inaccuracy in the documentation. If there is an error in the confirmation, we reserve the right
to correct it as soon as we become aware of it.
2.6 Reservations made more than 60 days prior to arrival require a deposit payment of 30% with the
remainder of the balance due 60 days prior to arrival. Reservations made less than 60 days prior to
arrival require full payment. If the final balance payment is not received by the due date a late fee of
£20.00 will automatically be added to the final balance total. If after 7 days the balance is still
outstanding the booking will be treated as a Cancellation by the Client. (see Cancellation Policy).
2.7 We accept the following method of payment – Bank Transfer.
3. Security Deposits
3.1 Security Deposits are taken. The amount is £250.00
3.2 A Security Deposit is required to cover costs resulting from the action or inaction of the Client or
a member of their party such as (but not limited to): the property being left in an unreasonable
state, loss or non-return of keys, excessive or long distance telephone call charges, neglect or
damage to the property, damage or loss of contents and/or, any extra or excessive cleaning costs
required. (Please see points 7 and 9).
3.3 The Security Deposit will be refunded within 7 – 10 days of your departure from the property less
any costs incurred. Please note: If we are awaiting a quote for repair/replacement of items, an
extension of this 14-day timescale may be necessary.
3.4. In the event of damages attributed to the Client or a member of their party during their stay the
Owner shall notify this to the Client as quickly as reasonably possible together with any evidence.
The cost of any remedial action shall be deducted from the Security Deposit and the balance
refunded to the Client.
2
3.5. In the event that the cost of rectification for losses or damage caused by the Client or a member
of their party exceeds the Security Deposit held, the Owner shall notify the Client of any additional
amount owing. The Client is advised that the Owner reserves the right to pursue recovery of any
additional cost over and above the Security Deposit and for this reason adequate personal liability
insurance is strongly recommended (See Insurance Requirements below).
3.6 In the event that the Owner is unable to contact the Client to advise of deductions from the
Security Deposit, then the Owner will not be held accountable for any bank charges or other losses
incurred by the Client resulting from those deductions from the Security Deposit. If the Owner is
unable to contact the Client, refund of the balance of the Deposit cannot be guaranteed within 7 –
10 days.
4. Cancellations & Amendments to Bookings by Client
4.1 A booking can only be cancelled prior to the start date of the holiday. Cancellation requests must
be received by the Owner in writing (email).
4.2 The holiday deposit (30% of the total holiday cost): Where a cancellation notice is received after
the deposit has been paid and before the final balance is due, the Client is still liable to pay the final
balance on the due date, unless the Owner has successfully re-sold the holiday dates.
4.3 100% of the total holiday cost: Where a cancellation notice is received after the balance is due
and/or been paid then the Client shall be liable for the full cost of the booking.
4.4 Subject to application of an Administration Fee of £50, wherever possible, the Owner will
actively re-sell cancelled dates. If successful, subject to the limits above, we will return to you any
monies paid less the difference between the cost of the cancelled booking and the replacement
booking and the Booking Fee.
4.5 If the Owner is unable to sell any part of the cancelled period then all monies paid will be forfeit
and for this reason, we strongly advise the Client to obtain their own holiday cancellation insurance.
4.6 The Owner shall not repay any monies due to the Client as the result of a booking cancelled by
the Client until the whole of the cancelled period has been resold or the last day of that period is
passed.
4.7 Requests to change confirmed booking dates must be made in writing to the Owner. We will
make every effort to facilitate a booking amendment.
4.8 By agreeing these T&Cs the Client warrants that they will not sell or transfer the booking to
another party.
5. Cancellations & Amendments to Booking by Owner
5.1 It is extremely unlikely that the Owner cancels a confirmed booking. If, however, for reasons
beyond the reasonable control of the Owner, the property is no longer available the Owner reserves
the right to cancel a booking. In this event, the Owner will inform the Client as soon as possible. The
Owner may not have suitable alternative accommodation to offer, if this is the case and the
cancellation does not arise from reasons of Force Majeure (see below) all monies paid by the Client
will be refunded.
5.2 If a suitable alternative can be found the Client will be required to pay any difference in rental
rates if the alternate property is of a higher price. If the rate of the alternative property is lower,
then the Owner will refund the difference.
6. Your Holiday
6.1 As outlined above, you will be sent by email, a direction sheet, together with any other
instructions regarding your arrival at the property prior to arrival. PLEASE remember to take these
3
instructions with you when you travel. In the event you do not make the necessary arrangements
and omit to take the directions with you, the Owner is not responsible if you are unable to gain entry
to the property on the day of arrival. If you fail to arrive at the property, for whatever reason and
are unable to make contact with the Owner and your arrival has to be postponed to the following
day, no refunds / partial refunds will be applicable.
6.2 Your confirmation will show the arrival and departure time agreed. This is normally 5 pm on the
day of arrival and 09.00 am on the day of departure.
7. Use of Property & Your Responsibilities
7.1 Party Size – There is a limit of a maximum number of 10 guests that can be at the property and
the number of guests at the property must not exceed these limits except with prior written
agreement from the Owner. Admittance to the property may be refused or the Client may be asked
to vacate the property immediately if this condition is not observed.
7.2 A Client may not invite additional guests to the property without first seeking authority from the
Owner. A charge maybe deducted from the Security Deposit if this rule is broken.
7.3 If the Client alters the party without prior request and/or if additional guests are given
unauthorized access to the property, then additional costs incurred will be deducted from the
Security Deposit. The Owner reserves the right to refuse admission to the property or to ask the
Client to vacate the property with immediate effect if the Client fails to adhere to this condition.
7.4 We do not allow any fireworks or Chinese Lanterns to be released on the property due to the
stress it causes to neighbouring farm animals. The Client may be asked to vacate the property
immediately if this condition is not observed.
7.5 The property is to be used as holiday accommodation for you, or your organisation. It is not for
use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or
an assured shorthold or assured tenancy. No relationship of landlord and tenant is created and no
statutory security of tenure exists now or when the period of occupation ends. If you or any member
of your party fails to vacate at the end of the period you will be charged the appropriate
accommodation charges for the continued period of occupation and this will be deducted from the
Security Deposit. No persons other than the guests have the right to use the property. This
Agreement is made on the basis that the property is to be occupied by the Client for a holiday only.
7.6 Stag Parties – The Owner does not accept stag parties. The owner reserves the right to refuse
admission to the property or to ask the Client to vacate the property with immediate effect if the
Client fails to adhere to this condition.
7.7 Pets – No pets are allowed.
8. Smoking
No smoking is permitted at the property. A Client who fails to adhere to this condition may have
some or all of their Security Deposit retained.
9. Equipment and Facilities within the Property
9.1 The Client and guests will adhere to any special rules and requirements relating to the property.
This is for your own safety. Failure to adhere to rules (which you will find at the property) may result
in a claim being made against the Security Deposit.
9.2 It is not acceptable to move furniture within the property without the consent of the Owner. If
items of furniture, such as beds, tables, sofas are found to have been moved and not put back in
their rightful place a charge may be made against the Security Deposit.
4
9.3 The Client is legally obliged to take all reasonable and proper care of the property including
buildings, gardens, fixtures, fittings, furniture, pictures and other effects in or around the property
and shall leave them in the same state of repair and condition at the end of the rental period as
found at the beginning.
9.4 In the event of any damage to property or equipment during the stay, the Client is required to
notify the Owner.
9.5 The Client shall leave the property in a clean and tidy condition: this includes cleaning all cutlery
and crockery and placing all rubbish and recycling in the outside dustbins. It is not acceptable to
leave crockery and cutlery unwashed in sinks or dishwashers, an additional charge will be deducted
from the Security Deposit.
9.6 Damage to Linen and Towels will be deducted from the Security Deposit, this includes stains
caused by fake tan, make-up, blood or any other substance that cannot be removed by regular
washing.
9.7 A Client or guests will not decorate walls or woodwork with banners, balloons or pictures, any
marks caused by drawing pins, sellotape or blu tac or any other product such as fake tan that require
retouching by repainting or partial re-painting will be deducted from the Security Deposit.
9.8 Toilets and Septic Tank: We have our own septic tank. Please do not flush anything like wipes,
cotton buds or disposable nappies down the toilets as this can potentially damage or block the
system.
9.9 Failure of the Client to exercise reasonable care may result in deductions being made from the
Security Deposit.
9.10 If on departure, the Owner is dissatisfied with the condition of the property they may refuse to
take a booking from the Client again.
10. Guest Conduct
10.1 The Client agrees to respect their surroundings and not to disturb or otherwise annoy the
occupants of neighbouring properties. The Client also agrees to adhere to any specific noise
restrictions in place at the property. The Owner or representative reserves the right to enter the
property to investigate concerns relating to the care of the property or to disturbances. The Owner
is within their rights to request that the Client and guests vacate the property with immediate effect
if it is found to be in a neglected or damaged condition.
10.2 In the event the Owner receives a complaint with regard to noise from a neighbour or from The
Police, this may result in a charge being made against the Security Deposit.
10.3 As stated in point 7.3 the party size may not exceed the total number of guests that the
property is advertised to sleep. The Client also must not erect marquees or any other temporary
structure within the grounds of the property. This will invalidate the Public Liability Insurance and
the Client will be asked to vacate the property with immediate effect. The Owner will not be
responsible for any damage to property supplied by a third party.
11. Rubbish Disposal
11.1 General Waste: There are black dustbins for all general waste outside by the garage. All waste
and recycling material must by placed into black bin bags.
11.2 Recycling: There is no requirement to separate the general waste from the recycling. The
rubbish management company sorts all waste from recycling back at the plant depot. Guidance
notes can be found in the ‘Welcome Book’ at Studio Cottage. All rubbish and recycling must be
placed in black plastic bin bags prior to collection and put inside the dustbins by the garage.
5
12. Third Party Contractors
21.1 The Owner may include a number of suppliers on its web site and Property Information and can
accept no liability for any goods or services provided by these suppliers. The Client should check that
they agree to the suppliers’ own terms and conditions before trading with them.
12.2 For any reason a property becomes unavailable for your stay, the Owner is not liable to refund
costs paid out by the Client to third party suppliers.
13. Problems or Complaints
13.1. The Client must report any pre-existing damage noticed upon arrival within 24 hours.
13.2. If any issues arise during the stay the Client must contact the Owner as soon as reasonably
practicable for the issue to be investigated and, if required, to take any remedial action. If an issue is
not reported and the Owner is denied an opportunity to investigate or rectify a problem during the
holiday, then the Client will have waived all rights in the matter.
13.3. If the Client feels that their complaint has not been resolved satisfactorily on completion of the
holiday, the Owner requests that the verbal complaint is followed-up by writing to the Owner within
seven days of departure from the property.
14. Facilities & Services
14.1 Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay,
however, cannot guarantee or be held responsible for any failure or interruption of, services to any
property, including electricity, water or any damage to telephone, terrestrial TV, broadband,
internet and other communications, including disruption or noise caused as a result of repair works
being carried out in the immediate vicinity. Where we are made aware of such failure or
interruption, we will endeavour to rectify such services within a reasonable period of time.
14.2 While we will make every effort to ensure the service is available at all times, we are unable to
guarantee any internet or broadband connection, also where a fault is deemed to be associated with
the users’ hardware or software no support will be available. We are not responsible for loss or
damage to guests’ computers or software at any apartment or while connected to a network service.
Guests must not use the broadband connection at the property for illegal or immoral purposes and
we reserve the right to pass on any records to the authorities if required.
15. Insurance
15.1 We strongly recommend that a Client obtain insurance that at least includes holiday
cancellation cover for the value of their booking. Ideally the insurance policy will cover other
eventualities such as travel and road conditions as the Owner shall be not be liable for circumstances
that may prevent you accessing the property (See Force Majeure, below). A Client and guests are
legally responsible for any damage caused during their stay at the property therefore we also
strongly recommend that any insurance covers losses due to personal liability claims.
15.2 We are not responsible for the theft and/or damage of your personal belongings during your
stay in the property. Therefore, you are advised to ensure you have appropriate insurances in place.
16. Pricing
16.1 The rates we advertise are to the best of our knowledge correct at the date of publication but
we reserve the right to change any rates from time to time. Prior to the booking being confirmed
rates quoted are based on the rates prevailing at the time but are subject to change. Once a booking
has been confirmed we will not change the rate quoted unless you amend the booking.
6
16.2 All prices quoted at the point of enquiry are valid until midnight of the day on which they were
given. Prices quoted for a provisional booking are valid for 24 hours from when the provisional
reservation is made.
16.3. After the reservation period, where the Owner has not received a deposit, prices quoted may
be subject to change.
16.4 Notwithstanding the above, the Owner reserves the right to amend prices quoted as a result of
errors or omissions. Any changes resulting from an error or omission shall be notified to the Client as
soon as possible and the Client shall be able to cancel the booking if the amended price is
significantly higher than the original price quoted.
17. Liability
17.1 The Owner shall not be liable for any act, neglect or default on its part or on the part of any
other person not within the employ of the Owner or otherwise under their control, nor for any
accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the
Client or any other person may suffer or incur arising out of, or in any way connected with the rental
accommodation unless the Owner is responsible. In addition, the Owner accepts no liability for loss
of or damage to a Client’s possessions on the Owner’s property or land.
17.2 Nothing in these conditions excludes or limits the liability of the Owner: for death or personal
injury caused by the Owner’s negligence; or for any matter which it would be illegal for the Owner to
exclude or attempt to exclude their liability.
17.3 The Owner (for itself, its employees and agents) shall not, except if caused by our negligence or
breach of these Booking Conditions, be under any liability to the Client or third parties for any
accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred or arise
out of or in any way connected with the rental. No term of the Contract is enforceable under the
Contracts (Rights of Third Parties) Act 1999 by a person who is not party to the Contract.
18. Privacy Policy
18.1 Any personal information supplied to the Owner is used, held or stored in accordance with the
Data Protection Act 2018.
18.2 The Owner shall only make information about you available to those involved in supplying your
holiday. The Owner never provides Client information to anyone else without first obtaining consent,
unless we are obliged by law to disclose it.
18.3 Personal information provided by the Client in registering for a service will be used by the
Owner in the provision of that service or to inform you about any other of our services that may be
of interest. In any email communication that is not essential to the provision of the requested
service the Owner will always provide the option to unsubscribe.
18.4 The full details, including the address, comprehensive directions and key collection
arrangements shall be sent one week prior to arrival once full payment has been received.
18.5. The Client agrees to not, under any circumstances, exploit for commercial purposes any
photographic or moving images of the property.
19. Force Majeure
The Owner cannot accept any liability or pay any compensation where the performance or prompt
performance of our contractual obligations is prevented or affected by circumstances amounting to
force majeure. Force majeure is any event which the Owner could not, even with all due care and
attention, avoid. Such events may include war or threat of war, civil strife, natural or nuclear
disaster, industrial dispute, terrorist activity, fire, adverse weather conditions, unforeseen local
7
building or road-works, unavoidable technical problems with transport, closure or congestion of
airports or ports, cancellations or changes of schedule by scheduled airlines and all similar
circumstances beyond our control.
20. Our Website
Reasonable care has been taken to ensure that the content of our website (and/or other means of
promotion or advertising) is correct but it is subject to amendment at any time without notice. All
content on our website (and/or other means of promotion or advertising) is published in good faith.
Our website may link to other websites and we are not responsible for the data policies, content or
security of these linked websites.
21. Breach of Contract
If any of the above conditions are breached by the Client or any member of their party, the Owner
reserves the right to enter the property and request that the party leave the property with
immediate effect.
22. Law of Contract
This agreement is governed by English Law and the English courts will have exclusive jurisdiction in
any dispute between the parties.