Minnehoma, Rock, Cornwall PL27 6LQ (“Property”)

Terms and Conditions  (“T&Cs”) for hire of the Property 

1.     Contract

These T&Cs together with the completed booking form (“Booking Form”) completed by the hirer (“Hirer”) and subsequently accepted by Caroline Margaret Stevens (“Owner”) together with the payment schedule (“Payment Schedule”) sent by the Owner to the Hirer following receipt of the Booking Form constitute the contract (“Contract”) between Hirer and Owner. The Contract is however conditional upon receipt of the deposit (“Deposit”) referred to in clause 3.1 below being received by the Owner by bank transfer to the Owner’s bank specified in the Payment Schedule or such other bank  as may be notified by the Owner  to the Hirer from time to time.

2. Booking

2.1 Unless agreed by the Owner prior to the booking being made bookings will not   be accepted from persons under the age of 21 or for parties where the majority of members are under 21 years (except families or supervised groups).

2.2 The number of persons occupying the Property may not exceed ten.

2.3 No pets may be kept at the Property or in the garden although one or two appropriately sized dogs may be kept but only at the absolute discretion and with the prior consent of the Owner and on conditions to be specified by the Owner and on payment (“Dog payment”) of the sums specified in the Payment Schedule.

2.4 The Hirer will be responsible for all persons listed on the Booking Form and will ensure that such persons are made aware of and observe these T&Cs.

2.5 The Hirer must notify the Owner as soon as possible of any alterations to the persons appearing on the Booking Form and  in any event not later that the time for the payment of the Balance.

2.6 In so far as she is legally able to do so the Owner may in her absolute discretion and at any time refuse to accept a booking from any person without being required to provide a reason for her refusal.

3.     Reservation

3.1 Provisional reservations may be accepted by telephone or email by the Owner but must be confirmed within 7 days thereof by the receipt of a completed Booking Form and payment of the  Deposit payable in accordance with clause 1 above. The Deposit is 30% of the rental (“Rental”) for the Property for the period of rent. The Deposit is non-refundable except in accordance with clause 5.2 below.

3.2 Provisional reservations not confirmed in accordance with clause 3.1 above may be cancelled by the Owner at any time thereafter without further notice.

3.3 The remaining 70% of the Rental together with the Damage Deposit (referred to in clause 6.1 (a) below) and if applicable the Dog payment (together the “Total Balance”) must be received by the Owner in the manner specified in clause 1 above not less than eight weeks before the commencement of the holiday. It should be noted that reminders are not routinely sent out.

3.4 If the Total Balance is not received within the time specified in clause 3.3 above the Owner reserves the right in her absolute discretion and without prejudice to any other right she may have to cancel the Booking and retain the Deposit.

3.5.Bookings accepted within eight weeks of the commencement of the holiday require payment in accordance with clause 1 above in full for the Rental together with the Damage Deposit and if applicable the Dog payment.

4 Cancellation

4.1 Once a booking has been accepted by the Owner in accordance with clause 3.1 above the Hirer is responsible for payment of the Total Balance.

4.2 In the event that the Hirer cancels the booking the Owner will try to re let the Property for the period booked and if successful will refund any monies paid (if at that point the Total Balance has already been paid) or will reduce the amount of the Total Balance to be paid by the amount so received.  Any part of the Balance not so reduced shall be payable to the Owner by the Hirer on demand and be payable in accordance with clause 1 above. The Deposit however will not be repayable in any event as this is non refundable.

5 Alterations to Bookings

5.1 Any changes to a confirmed booking may only be made with the agreement of the Owner and if so agreed may be subject to an additional administration charge of £100.

5.2 If for any reason  the Owner has to cancel a booking the Owner shall make all reasonable efforts to offer the Hirer alternative dates if they are available. If the Hirer does not accept the alternatives offered or there are none then the Owner shall return all monies (including the Deposit) paid by the Hirer by bank transfer to a bank specified by Hirer (“Hirer’s Bank”) whereupon the Owner’s liability in relation to such booking shall cease.

6 Damage, Liability and Loss

6.1 The Hirer agrees with the Owner:

(a) to pay a damage deposit (“Damage Deposit”) at the rate specified in the Payment Schedule per week or part thereof in respect of damage to the Property and/or its contents or any excess cleaning required over and above the routine cleaning provided by the Owner. Determination as to whether damage has occurred and/or such excess cleaning is required shall be made by the Owner in her absolute discretion but acting upon the advice of her housekeeper (“Housekeeper”).

(b) that the Owner has no responsibility for babies, children or adults requiring care whilst residing at the Property and the Hirer accepts full responsibility for such persons.

(c) to be responsible for keeping and leaving the Property and its contents in good order and condition and in a clean state.

(d) not to cause any damage or loss to the Property and its contents howsoever caused and howsoever arising during his occupation of the Property.

(e) not to cause a nuisance or annoyance to any occupants of neighbouring properties.

(f) to permit the Owner and/or her workmen on reasonable notice access to the Property during the Hirer’s occupation if the Owner deems it necessary. 

6.2 If the Hirer is found to be in breach of clause 6.1 (c) and/or clause 6.1 (d) above then the cost (“Cost”) of such damage and/or such excess cleaning shall be charged against the Damage Deposit and if insufficient then the Hirer shall be liable to the Owner for such additional costs  to be payable on demand to the Owner’s bank account in the manner specified in clause 1 above.

6.3 If there is no damage as aforesaid and/or no excess cleaning is required or the Cost is less than the Damage Deposit then the Damage Deposit or the balance (as the case may be) shall be returned without interest to the Hirer by bank transfer to the Hirer’s Bank Account  as specified in writing by the Hirer as soon as reasonably possible.

6.4 The Owner cannot accept responsibility for loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the occupation of the Property howsoever arising and of whatsoever nature or any allergy caused by any materials on the Property. No responsibility is accepted for loss or damage of whatsoever nature and howsoever arising to property of the Hirer and his party.

7. Occupancy

Occupancy shall be from 4 pm on the day of arrival and 10am on the day of departure. The Housekeeper requires such time to prepare for the next occupants and a late departure fee (“Departure Fee”) of £100 may be payable if departure is after 10am.  Such Departure Fee shall be deductible against the Damage Deposit or if this shall be insufficient then the Departure Fee or part thereof (as the case may be) shall be payable on demand by the Hirer to the Owner by bank transfer in the manner specified in clause 1 above.

8. Bed Linen and Towels, routine cleaning and utilities

Bed linen and towels for the Hirer and his party’s use are provided and routine cleaning is carried out at the end of the holiday at no additional cost. A change of linen and a routine clean are also provided on a weekly basis for those on a two week or longer holiday. Also all utilities including heating are provided at no additional cost.  

9. Description

Whilst every effort has been made to ensure the accuracy of the Property in correspondence or on the Owner’s Website they are for guidance only and do not form part of the Contract.

10. General

10.1. The failure of the Owner to enforce or exercise at any time any right pursuant to the Contract does not constitute and shall not be construed as a waiver of such right.

10.2. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

10.3. The obligation by the Owner to make any payments to the Hirer pursuant to these T&Cs by bank transfer shall not become binding unless and until the Owner receives the relevant details of the Hirer’s bank.

10.4. The laws of England and Wales shall govern the construction and performance of this Contract and each of the Owner and Hirer submit to the exclusive jurisdiction of the English Courts.

Last Updated: 19th November 2023