Terms & Conditions
This is a legally binding contract between the property owner, Sue Angove t/a Cockleshell Holidays and the holidaymaker. The property owner is also referred to as “we” and “us”. The holidaymaker is the person who signs the booking form or, in the case of online booking, the person who makes the online payment.
This person is responsible for ensuring all members of the holiday party accept and adhere to these terms and conditions.
The holidaymaker is also referred to as “you”. The properties referred to being “Cockleshell Cottage” is 5 Cliff Cottages, Chapel Street, Marazion, Cornwall, United Kingdom, TR17 0AE or the property referred to as ” Cockleshell Apartment ” is 4 Kingsley Cove, Sandy Road, Porthtowan, Truro, Cornwall TR4 8UD.
A booking deposit is payable within 7 days of the provisional booking being taken. The booking is taken on a provisional basis until the deposit has been paid in full and funds cleared through the banking system (where appropriate). The booking then becomes confirmed.
Until the booking is confirmed, it can be cancelled at any time without prior notice. The balance of the rental charge, along with the breakage deposit, is payable not less than 42 days prior to the start of the holiday.
Failure to pay the deposit or balance in full by the due dates will constitute a cancellation of the holiday by the holidaymaker. Please be sure to note the due dates of these payments as reminders are not routinely issued.
Bookings made less than 49 days prior to the arrival date must be paid in full at the time of booking.
3. Cancellation by the Holidaymaker:-
Cancellation of the booking by the holidaymaker should be made in writing and addressed to: Ms Molly Bowen, Cockleshell Holidays, 9 Kings Road, Camborne, Cornwall, TR14 8LS.
They should be posted or emailed to firstname.lastname@example.org.
In the event of a cancellation, we will attempt to re-let the property and if successful, a discretionary payment may be made.
However, we strongly recommend you take out holiday cancellation insurance.
Guest cancelling up to:
1 weeks before the start of the holiday will not receive a refund.
2 weeks before the start of the holiday a refund of 15% of the booking will be given.
3 weeks before the start of the holiday a refund of 40% of the booking will be given.
4 weeks before the start of the holiday a refund of 50% of the booking will be given.
5 Weeks before the start of the holiday a refund of 60% of the booking will be given.
8 weeks or less before the start of the holiday a refund of 75% of the booking will be given
8 weeks or greater before the start of the holiday a refund of 90% of the booking will be given.
4. Cancellation by the Property Owner:-
The property owner will endeavour to make sure the stated property is available for the dates contracted. In the unlikely event the property becomes not available and the property owner has to cancel the booking, the property owner will endeavour to find the holidaymaker suitable alternative accommodation.
If suitable alternative accommodation cannot be found, the holidaymaker shall be entitled to a full refund. The property owner shall only be liable to return the monies received. No compensation or consequential losses shall be paid.
Whilst every care is taken to provide a true and accurate description of the property, over time, alterations are made, and some things do change. The holidaymaker accepts that no refunds are available for such discrepancies.
The property owner reserves the right to enter the property, at a reasonable time, in the event of an emergency or remedial repair work being required. The property owner is entitled to ask the holidaymaker to leave the property without any refund if, in the property owner’s opinion, the behaviour of the holidaymaker and/or his/her party is unacceptable.
The property owner reserves the right to refuse entry to anyone, who in the property owner’s opinion is not suitable to or capable of taking charge of the property.
The property owner reserves the right to ask the holidaymaker and their party to leave the property, without refund, should the behaviour of the holidaymaker and/or their party be considered by the property owner to be unreasonable.
6. Number of Guests:-
The maximum number of people entitled to stay at this property is two and furthermore, only those people named on the booking form are entitled to stay.
If it is found that more people than agreed are using the property, this will be considered a breach of contract and the holidaymaker and his/her party will be asked to leave immediately without any refund. Sub-letting or assignation of the let is prohibited.
Pets are allowed in the property subject to the property owner’s agreement, and this should be disclosed at the time of booking when a supplement will be charged on top of the advertised rental. All pets must be house trained, and the number and type of pet must not exceed what was agreed at the time of booking, otherwise a breach of contract will be deemed to have taken place.
Pets must not be left unaccompanied in the property at any time and must not be allowed on the beds or furniture. The holidaymaker shall be liable for all damage caused by his/her pet or any pet belonging to the holidaymaker’s party.
A charge will be made for any additional cleaning required. The property owner cannot be held responsible for any accident or injury to a pet during their stay.
8. Arrival and Departure Time:-
Every effort will be made to have the property available from 16:00 on the day of arrival. The property must be vacated by 11.00 on the day of departure. Late departure will result in an additional charge being made. Information about keys and how to collect them will be provided once full payment has been received.
The property owner takes no responsibility for the personal possessions of the holidaymaker or the holidaymaker’s party. Vehicles and possessions are left entirely at the risk of the holidaymaker. Children must be supervised at all times.
We would like to think the holidaymaker and party would treat the property as they would their own home and at the end of the holiday the property is left in a clean and tidy condition. The property owner retains the right to make an additional charge for cleaning should the property not be left in a similar condition to the way it was found at the start of the holiday.
The holidaymaker should make every effort to keep the property, fixtures and fittings and all contents in the same state of repair and condition as at the start of the holiday. Any accidental dame or breakages should be reported to the property owner (or their representative) prior to departure.
The property owner retains the right to make an additional charge for damage and breakages although it should be noted that minor breakages and reasonable wear and tear (in the opinion of the property owner) will not be charged for.
Every endeavour is made to ensure your stay with us is memorable for all the right reasons. However, we do recognise that from to time things do go wrong. In these circumstances, it is the responsibility of the holidaymaker to make any such problem known to the property owner (or their representative) immediately it becomes apparent, thereby giving the property owner the opportunity to correct the situation.
Unless this procedure is followed, no subsequent claim will be entertained. The property owner will make every endeavour to rectify any identified problems as soon as is reasonably possible.
13. Return of Breakage Deposit:-
Your breakage deposit, minus any deductions, will be returned to you within 14 days of the departure.
14. Force Majeure:-
Cockleshell Holidays will not be liable for failure to perform our obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
No party is entitled to terminate this Agreement under in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified
22nd January 2020