Booking Terms and Conditions

These Terms are the terms and conditions on which we will accept your booking and make the Property available to you.  They apply to every booking that is made, describe our booking policies and procedures (including any cancellation rights), and clarify the contractual relationship between you and us, as owners of the property.  

Please read these Terms very carefully before you make a booking. By making a booking via our website, by email, on the telephone or by any other method, you agree to be bound by these Terms.

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

1.1.1 Booking: your request to stay at the Property as made via our website booking form, over the phone, by email or by any other means;

1.1.2 Check-in Date: the date (and time) on which your Stay will begin, and the Property will be made available to you;

1.1.3 Damage Deposit: as described in clause 6

1.1.4 Event Outside Our Control: is defined in clause 11;

1.1.5 Farm: Gilly Vean Farm, Gwennap, Cornwall TR16 6BN;

1.1.6 Property: the specific property/cottage located at the Farm, as identified in the Booking;

1.1.7 Stay: the period of time for which We will make available the Property to you as set out in the Booking and agreed by Us;

1.1.8 Terms: the terms and conditions set out in this document and any other terms or rules relating to your Stay that We provide to you (whether in our property guide or otherwise), which will form the entire agreement between you and Us); and

1.1.9 We/Our/Us: The Cornish Place Ltd, a company established in England and Wales with its registered address at 25 Lemon Street, Truro TR1 2LS

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These Terms are the terms and conditions on which We provide the Property to you for your Stay and comprise the entire agreement between you and Us.

2.2 The Property is only the property as detailed in the Booking and cannot be exchanged with any other property.

2.3 Please ensure that you read these Terms carefully, and check that the details on the Booking are complete and accurate, before you submit the Booking. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

2.4 When you submit the Booking to Us, this does not mean We have accepted your order for the Stay. Our acceptance of the Booking will take place as described in clause 2.6.

2.5 If We are unable to supply you with the Property for the Stay, We will inform you of this in writing and We will not process the Booking.

2.6 These Terms will become binding on you and Us when We issue you with a written acceptance of a Booking, at which point a contract will come into existence between you and Us.

2.7 If you make a Booking over the phone, then these Terms will apply to such Booking.

2.8 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You promise that you will not exceed that number. Only those people listed on the booking form can occupy the Property or have access to the Farm.  For the avoidance of any doubt, you are not permitted any visitors (whether they stay over or not) unless they have been identified as part of the Booking process, or by prior agreement with Us. We reserve the right to terminate the Booking without notice and without a refund in case of a breach of this condition.

2.9 You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless you notify us otherwise and We agree the same expressly in advance). The Property will not be available at any time outside of the times reserved by you. We reserve the right to make a reasonable additional charge (whether by retaining the Damage Deposit or otherwise) in the event that you have not left the Property by the agreed departure time.

2.10 Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.  We retain all copyright and other intellectual property rights in any such illustrations, photographs and other imagery.

2.11 You confirm that you are over the age of 18.

2.12 The contract binds you and all the members of your party.  It is your responsibility to ensure that all members of your party accept the terms of the contract set out in these Terms.  Failure to disclose all relevant information or to comply with these Terms may lead to termination of the contract and loss of the Booking (without refund).

2.13 We or our representatives reserve the right to enter the Property at any time to undertake essential maintenance or for inspection purposes or any other valid reason.

 3.CHANGES TO BOOKING OR TERMS

3.1 We reserve the right to make reasonable amendments or additions to the Booking and/or these Terms without notice to you, except in the circumstances set out in clause 3.2. In particular, We may revise these Terms from time to time in the following circumstances:

3.1.1 changes in how We accept payment from you;

3.1.2 changes in relevant laws and regulatory requirements; or

3.1.3 if We have a valid commercial reason to do so.

3.2 If We have to make any change to the Booking or these Terms under clause 3.1 (that will, in our reasonable opinion, materially or substantively affect your Booking), we will give you written notice of any such change before it takes effect. Except in the circumstances set out in clause 9.3, you can choose to cancel the contract in accordance with clause 10.

3.3 You may request a change to the Booking by contacting Us. Any changes to the Booking:

3.3.1 are only permitted at Our sole discretion;

3.3.2 may incur an administration charge of £30 (including VAT); and

3.3.3 that result in a change in the total price of the Stay will be notified to you in writing. If you do not wish to accept the amended price, then the Booking shall remain as originally placed (with no right to cancel and/or receive a refund other than in accordance with clause 10).

3.4 If you wish to cancel a Booking before the Check-in Date for Accommodation, please refer to clause 10.

4.PROVIDING THE PROPERTY & RESTRICTIONS

4.1 We will supply the Property to you for the period set out in the Booking.  Tenancies normally commence at 4pm unless otherwise agreed and guests are required to vacate the property by 10am on the day of departure.  This allows the Property to be thoroughly cleaned and prepared for incoming guests.  You must empty bins, clean dirty dishes and ensure that where both Properties at the Farm are rented, the appropriate contents are returned to each Property.

4.2 The maximum number of people who can stay in the Property will be notified to you as part of the Booking process. You must not exceed that number.

4.3 We will make every effort to make the Property available to you on time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.

4.4 If you do not pay Us for your Stay when you are supposed to, access to the Property will not be permitted and we will treat the contract as cancelled with no rights to a refund (other than in accordance with clause 10). This does not affect Our right to charge you interest at the rate of 8% per year in respect of any outstanding payments.

 4.5 If you wish to bring a pet to the Property, you must notify us as part of the Booking process. Additional charges may be due in respect of pets and these will be notified to you in advance of the finalisation of the Booking. Please also see the Additional Pet Specific Terms at clause 15.

4.6 Smoking and vaping is strictly prohibited inside the Property.  It is allowed in the private garden to each Property as long as cigarette butts are disposed of as rubbish in an appropriate bin.

4.7 Broadband internet access is offered in the Property free of charge, but We do not promise that the service will be available constantly.  It is provided for recreational use and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and We will not be liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.

4.8 You must take proper care of the Property and its contents during the Stay and may lose your Damage Deposit (as defined in clause 5) and/or receive an invoice for any damage caused or loss suffered if the Property and/or its contents are not left in the same state in which they are found at the beginning of the Stay. In the event that you notice any damage in the Property please let Us know immediately so that we can take appropriate action.  If there have been any breakages during your Stay, please replace them or advise Us before you leave.

4.9 You must lock the doors and close all windows when you leave the Property unoccupied.

4.10 The Piggery and Woodshed are communal spaces for the use of all guests.  Each Property may arrange private use by prior agreement with Us, but this cannot be guaranteed.

4.11 You must not in any circumstances re-let or sublet the Property even free of charge.

4.12 We reserve the right to terminate a Stay without refund or compensation where the unreasonable behaviour of the persons named in the Booking (or any of the booking party) may impair the enjoyment, comfort or health of others.

4.13 The Farm is privately owned and Our home.  We expect all guests to enjoy the facilities and treat the Property with the same respect that they would with their own house.

4.14 We will provide various rules and regulations relating to your stay (including those within the Property guide) and these also provide part of the contract with you.  Please ensure that you read them carefully and that everyone in your party comply with them.

5.DAMAGE DEPOSIT

5.1 In making a Booking, you accept responsibility for any theft, breakage or damage caused by you or any member of your party during your Stay (whether to the Property, to the Farm, to Us or to any of the other facilities made available by Us to you) and agree to indemnify Us in full for any loss, damage or injury that We may incur as a result. This includes damage or loss to keys and excessive or incorrect use of facilities (including, but not limited to internet, and other amenities provided at the Property).

5.2 We will inform you of the amount of the Damage Deposit to be paid at the time of Booking. The Damage Deposit will need to be paid at the time of the final balance before the Check-In Date.

5.3 If the Damage Deposit payment is not received before the Check-In Date, we reserve the right to cancel the Stay and terminate this contract without any kind of refund.

5.4 We reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover reasonable costs if the Damage Deposit paid under this clause 5 is insufficient to repair or replace any damage caused to the Property and/or its contents during your Stay.

5.5 We will assess the Property after your Stay and will:

5.5.1 provide you with a refund of the deposit made under this clause 5; or

5.5.2 inform you of the amount to be retained; or

5.5.3 inform you of the amount to be further charged (which you shall pay promptly and in any event within 14 days of our invoice),

or apply a combination of any of the above at Our sole discretion.

5.6 Subject to clause 5.5, we will use reasonable endeavours to return the Damage Deposit to you within 14 days of the end of your Stay less the cost of any damages/breakages as determined by us in Our sole discretion.

 6.PRICE AND PAYMENT

6.1 The price of the Stay will be set out at the time you place your Booking and when We confirm your Booking.

6.2 Payment may be made by debit card or credit card.

6.3 Payment may only be made in the currency as shown in the Booking.

6.4 Where VAT is chargeable, it is included in the sums given. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for your Stay in full before the change in the rate of VAT takes effect.

6.5 You must pay a minimum deposit of 25% (or such other percentage as is agreed between You and us) of the total cost of your Stay at the time you place your Booking (and, without such payment, the Booking is not confirmed). This deposit is non-refundable except in the circumstances expressly provided in these terms. You must pay the full balance of the cost of your Stay at least six weeks before the Check-In Date.  If, however, the Check-In Date is less than six weeks from the date of the Booking, the full cost of your Stay (and the Damage Deposit) must be paid at the time you place your Booking.

6.6 If the balance (and the Damage Deposit) is not received by the due date, then (a) your Stay will be treated as a cancellation; (b) you will not be entitled to any refund of the deposit paid at the time of Booking; and (c) you will remain liable to Us to pay the full balance of the cost of your Stay.

7.LEGAL RIGHTS

7.1As a consumer, you have legal rights in relation to cancellation of the Booking, or if Our rental service is not provided with reasonable skill and care, or if the Property is not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7.2 Subject to clause 7.1, the full extent of Our liability is as set out in these Terms at clauses 7 and 8.

8.OUR LIABILITY TO YOU

8.1 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so.  This includes liability for:

8.1.1 death or personal injury caused by Our negligence; 

8.1.2 fraud or fraudulent misrepresentation; or

8.1.3 breach of your statutory legal rights.

8.2 We will not be liable to you if We are prevented or delayed from complying with Our obligations under these Terms by anything you (or anyone acting on your behalf or within your booking party) does or fails to do or (save as set out in clause 9) due to an Event Outside Our Control.

8.3 We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into this contract. For the avoidance of doubt, We will not responsible for any transport and/or alternative accommodation costs.

8.4 We only supply the Property for domestic and private use (unless We expressly agree otherwise) and you agree not to use the Property for any commercial, business or re-sale purpose.  In no event will we have any liability to you for any losses related to any business, including (without limitation) loss of profit, loss of data, loss of business or revenues, business interruption, or loss of business opportunity. If you do wish to use the Property for a commercial purpose, please contact Us.

8.5 We  will not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.

8.6 You understand and accept that use of any onsite facilities at the Farm, including but not limited to, hot tubs, fire pits, wood burners, are at your own risk.  You must follow any advice or instructions that We give to you in this regard to keep you safe.

8.7 You are responsible for the safety of any children under 18 in your party at all times and must supervise them at all times.

8.8 Access to certain areas of the Farm is restricted or forbidden by cottage guests.  Failure to comply with these Terms may lead to termination of the contract and loss of the Booking without any refund.

8.9 The activities that may be shown in our literature or recommended by us (such as surfing, cycling, paddle boarding) are outside our control and are not supplied by us.  You will enter into a contract directly with the supplier of those activities.   We accept no responsibility or liability for any loss, damage or injury that you may suffer as a result of any such activities.

8.10 In addition to the above provisions and subject to clause 9.1, if you are a business client and we agree to You making a Booking in this capacity:

8.10.1 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract between us; and

8.10.2 Our total liability to you for all other losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total price that you have paid for the Property under the contract.

9. EVENTS OUTSIDE OUR CONTROL

9.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of Our obligations under these Terms if such delay or failure results from any event, circumstance or cause beyond Our reasonable control including: (a) epidemic or pandemic; (b) flood, acts of God, drought, earthquake or other natural disaster; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including failing to grant a consent or licence; (f) collapse of buildings, fire, explosion or accident; (g) non-performance by suppliers or subcontractors; and (h) interruption or failure of utility service (referred to in these Terms as Event Outside Our Control).  In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

9.2 Subject to clause 9.3, should any Event Outside Our Control occur which means the Property cannot be provided to you, We will inform you as soon as possible so a full refund of the cost of the Stay can be arranged for you. We will not, however, be liable to you for any other compensation or costs.

9.3 Due to Coronavirus (COVID-19) now being a known event, should the government’s lockdown prevent your Stay over your booked dates, we will arrange for your Stay to be postponed to a mutually acceptable date in the future.

10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

10.1 All cancellations must be immediately notified to Us in writing with a copy of your invoice or booking confirmation. We will confirm the cancellation to you in writing. 

10.2 If you cancel a Booking more than six weeks before the Check-In Date in line with clause 10.1, the deposit made at the time of placing the Booking will not be refunded to you in any circumstances, but You shall not be liable to pay any further amounts to Us in respect of the Booking.

10.3 If you cancel a Booking less than six weeks prior to the Check-In Date, after the Check-In Date  has passed, or once you have accessed the property (even if due to any circumstance or event outside of your control), We will retain the deposit made at the time of Booking and the full balance will still remain due and payable to Us and is not refundable.  This is without prejudice to any rights or remedies that you may have.

10.4 If We make any change to these Terms under clause 3.1 that will, in our reasonable opinion, materially or substantively affect your Booking and you elect to cancel the contract as per clause 3.2, We will arrange a full refund including the deposit made at the time of booking.

10.8 We strongly advise that you take out comprehensive travel insurance.  If you choose not to, then you accept responsibility for any loss that you may incur due to your cancellation.

10.9 Nothing in these Terms shall affect any statutory rights of cancellation that you may have under the Consumer Contracts Regulations 2013.

11.OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1We may cancel a Booking before the start date of the Stay, for example due to an Event Outside Our Control. We will promptly contact you if this happens.

11.2 Subject to clause 9.3, if We cancel a Booking under clause 11.1 and you have made any payment in advance for the Stay that will not be provided to you, We will refund these amounts to you (including, for the avoidance of any doubt, the deposit paid at the time of Booking),.  We will not, however, be liable to you for any other compensation or costs.

11.3 Without prejudice to any other rights or remedies that We may have (including Our right to claim for the full cost of the Stay), We may cancel the contract at any time with immediate effect (without giving you any kind of refund) by giving you written notice if you:

11.3.1 do not pay Us when you are supposed to. This does not affect Our right to charge you interest at the rate of 8% per year on any outstanding amounts; or

11.3.2 break the contract or fail to comply with these Terms in any other material way.

12.INFORMATION ABOUT US AND HOW TO CONTACT US

12.1 We are The Cornish Place Ltd, a company established in England and Wales with its registered address at 25 Lemon Street, Truro TR1 2LS

12.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning us on 07854 200750  or by contacting us by email info@thecornishplace.com.

12.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by email to info@thecornishplace.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail to the address you provide to Us in the Booking.

13.HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 We will use the personal information you provide to Us to:

13.1.1make available the Property for your Stay;

13.1.2 process your payment for the Stay; and

35.1.3 inform you about similar or related services that We provide. You may stop receiving these at any time by contacting Us.

13.2 We will respect the privacy of your data in line with all applicable laws and all data you provide to Us will be treated in accordance with our Privacy Policy.

14.OTHER IMPORTANT TERMS

14.1 We will provide you with a comprehensive property guide for your reference. This property guide will contain all the information and rules required to enjoy your stay together with recommendations for things to do and places to visit. All copyright and other intellectual property rights in this guide will belong to Us.  You agree to keep this guide and its contents confidential, not print or copy the guide or its contents for your own purposes, nor disclose its contents to any person not included in the booking party.

14.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.3  If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

14.4 These Terms are governed by English law. All parties agree to submit to the exclusive jurisdiction of the English courts.

15. ADDITIONAL PET SPECIFIC TERMS & CONDITIONS

15.1 Whilst We are happy for family dogs to be brought on holiday with you, please note that there are no specific property modifications that have taken place to accommodate pets.

15.2 You must notify us of your wish to bring a pet to the Property during the Booking process.  An additional accommodation charge is applicable for bookings that include dogs. This additional charge will be clearly detailed on your Booking and the fee is payable prior to your arrival at the Property.

15.3 Please do not leave your dog alone or unsupervised in the Property at any time during your stay, unless by prior agreement with Us which will be at your own risk.

15.4 Pets are not permitted in the bedrooms or on the furniture at any time.

15.5 For the safety and comfort of your dog, We request that owners exercise due diligence at all times. We cannot accept responsibility for the safety of your pet.

15.6 In the interests of hygiene, health and safety and out of consideration for others, it is important that you clean-up after your pet and dispose of any mess in a sanitary and responsible manner.

15.7 You are responsible for any damage caused by your pet, whether inside or outside the Property. If extra cleaning is required as a result of you having pets in the Property (over and above what is considered reasonable and therefore covered by the additional dog charge), this may be deducted from your Damage Deposit at Our sole discretion.