Credit Terms and Conditions
This credit is subject to the following terms and conditions:
This credit may be used as payment or part payment of a cottage holiday booked with The Cowrie Club.
PROPERTY BOOKING CONDITIONS
The Agent: The Cowrie Club, 1a Brooklands View, Port Isaac, Cornwall, PL29 3AE. incorporated and registered in England and Wales with the company number 12184871 whose registered office is at 1A Eddystone Road, Wadebridge, PL27 7AL.
The Owner: Is the owner (or their legal representative) of the Property being booked.
The Guest: Is the person booking a holiday in accordance with these Conditions.
The Deposit: is the deposit referred to in the Balance Form.
The contract: The contract entered into is between the Owner of the holiday accommodation and the Guest. The contract is not effective until the required payment has been received and confirmation sent from the Agent to the Guest.
The holiday: The Guest has the right to occupy a property for a holiday only (within the meaning of Schedule 1, para 9 of the Housing Act, 1988) for no more than 28 consecutive days at a single property. This begins at 4pm on the start day of the holiday and ends at 10am on the day of departure.
Bookings cannot be accepted from persons under the age of 18 years or from parties where the majority of members are under 25 years (except families or supervised groups). No bookings can be accepted from single sex groups of three or more, irrespective of age unless a special arrangement has been made with the Owner. The number of persons occupying a property must not exceed the maximum stated in the current property description (infants who do not occupy a bed are not counted as a member of a party).
The person who makes the booking will be legally responsible for all persons included within the party details and should ensure that they are aware of the booking terms and conditions. The Agent reserves the right to decline any booking or to refuse to hand over a key to any person who is not considered suitable, or who has not complied with the booking terms and conditions.
To secure a booking with the Agent, party details must be provided to include names and ages of all persons who will be occupying the property during the holiday period. Bookings will not be confirmed until this information has been provided. If the party details change prior to the holiday commencing, Guests will need to inform the Agent.
A non-refundable booking fee of £35 is payable at the time of booking to cover the Agent’s accreditation, banking and insurance costs.
To secure the reservation, Guests must complete all parts of the online booking form or provide these details to the Agent over the telephone and make payment for the deposit; a third of the total tariff. The balance is payable six weeks before the holiday is due in most cases (please refer to booking correspondence) and it should be noted that reminders are issued three days before the balance is due and again on the balance due date. If the balance is not received, the Agent reserves the right to cancel the booking without refund of the deposit and the holiday will be offered for resale. Any bookings made within six weeks of the start of the holiday require full payment at the time of booking.
The Guest will be required at the time of making the final payment to provide the Agent with a damage deposit. The amount is property specific and is detailed on the property’s webpage on the Book tab. This deposit covers damage, loss, or loss of rental as a result of the conduct of the Guest or members of the Guest’s party. The Guest is liable for the loss and damage caused to the property and contents to the full value of the Owner’s loss even though the value of the loss:
a) may exceed the damage deposit.
b) may not be covered by the Owner’s insurance cover.
It is also a requirement of the conditions of booking that the property is left in a clean and tidy condition at the end of the letting period. The damage deposit will normally be refunded to the Guest seven to ten working days after departure, provided that no damage has been caused to the property, its contents, fittings and fixtures.
The Agent reserves the right to deduct a £40 charge in the event of having to clear, pick up or black-bag waste and rubbish, or clean a barbecue that has been used by the Guest.
The damage deposit does not limit the Guest’s liability for damages. If the damage claim exceeds the damage deposit paid then the Guest is required to settle this within seven days of being notified of the total amount. If the Guest wishes to claim the amount from any personal insurance-based scheme, then the Agent will provide all required documentation, but the Guest must personally settle the claim within the seven-day term.
The Holiday The Agent acts as a booking agent for the Owner. The Guest, by booking the property through the Agent, enters into a contract with the Owner of that Property subject to these Conditions. For the avoidance of doubt, the Agent is not the principal.
Nothing herein contained shall be deemed to create a legal demise or any greater interest than a licence for the purpose of only a holiday on the terms herein provided. The contract is not effective until the required payment has been received and confirmation sent from the Agent to the Guest. The Agent cannot be held responsible for the action of either party.
The Agent does not accept liability for any act, neglect or default on the part of the Owner or any other person not within their employ or otherwise under their control; nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the occupation. In addition, the Owner accepts no liability for loss of or damage to the Guests personal possessions (including pets) on the owners’ property or land. The Agent accepts no responsibility for personal injury to, or death of, any Guests, or for other matters over which the Agent has no control, except to the extent such personal injury or death is caused by negligence or wilful default of the Agent. Every effort is made to ensure all items of equipment described and supplied by the Owners are in good working order; however, no guarantee is given or liability accepted if breakdowns occur before or during a holiday and whilst the Agent and/or Owner will endeavour to organise repairs or replacements as quickly as possible, delays may occur, particularly during the main season.
The Agent cannot accept responsibility for any sickness, injury, loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the property and its appearance, plumbing, gas, electrical or otherwise exceptional weather conditions or owner negligence. Further, no responsibility is accepted for the personal property (including pets), or the cars and contents belonging to the Guest or any member of the party during their occupancy.
Bookings cannot be accepted from persons under the age of 18 years. Group bookings of single sex parties are not allowed unless special arrangements are made by the Agent with the Owner (safety deposits may be required)
1. Authority to Sign.
The ‘Guest’ who completes the booking, whether over the telephone, in writing or online, is deemed the legal signatory. The Guest certifies that he/she is authorised to sign the Booking Form on behalf of all persons who will occupy the property during the period for which he/she has booked and that they, including those substituted or added at a later date, are aware of the Booking Conditions. A booking is confirmed by payment of deposit and constitutes acceptance of
the booking conditions and the advertised price. The Agent reserves the right to decline any booking or to refuse to hand over a key to any person who is not considered suitable, or who has not complied with the booking conditions.
Rentals are for a maximum of 4 weeks and commence at 3.00 pm on the start day of the holiday.
The property must be vacated by 10.00 am on the day of departure. The number of persons occupying a property must not exceed the maximum stated in the current property description (babies who do not occupy a bed are not counted as a member of a party). Occupation of the property by more than the maximum number of guests is not permitted and will result in the booking being terminated, resulting in a forfeit of payments and immediate vacation of the property. Guests must inform the Agent if occupants of the holiday group change significantly before or during the occupation of the property. Under no circumstances should parties be held at the property without prior consent of the Owner. If the Guest arrives outside office hours the
Agent will make every effort to ensure that the keys are available provided that notice of late arrival is given. The Agent accepts no liability if the Guest cannot gain access to the Property if no notice is provided. The Agent strongly suggests that the Guest arrives during office hours whenever possible or notifies the Agent of a late arrival with sufficient notice. Details of key location is specific to each property and is documented in the property description.
A booking is made once the deposit (or full rental if within 4 weeks of the start of the holiday) and the booking fee has been paid along with the cost of insurance (if required) and any optional extras and the Agent has then confirmed the booking. The booking fee is payable per booking and is non-refundable unless the Agent is unable to accept the booking. Where the property being rented has optional extras, they are listed in the property details and if required by the Guest will be charged at the rates shown. A holiday booking is a legally binding contract and the deposit paid upon booking is accepted in part payment for the property.
4. Holiday Insurance
The Guest is strongly recommended to secure holiday insurance, which may be secured through any broker of the Guest’s choice. The Agent is an appointed representative of ITC Compliance Limited, which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486) and which is permitted to advise on and arrange general insurance contracts.
5. Damage to the Property
The Guest shall be liable for the full cost of any damage, which the Guest or a member of their party, or its additional guests or invitees during their stay cause to the property in connection with a booking (being before, during or after the holiday period).
The balance of the booking is payable 4 weeks before the start of the holiday. The balance due date can be found on the confirmation form. If the balance is not received within 7 days of the due date, the Agent reserves the right to cancel the booking as per the conditions for
cancellation and re-let the property.
7. Non-availability of Property
In the event of the accommodation becoming unavailable, the Agent will endeavour to provide the Guest with suitable alternative accommodation of up to equal value, or will refund all monies paid, or a proportion in the case of curtailment, whereupon both the Agent and the Owners’ liability will cease.
8.Changing a Booking
Once a booking has been confirmed, the booking cannot be transferred to another property, except by treating it as a cancellation of the original reservation (see cancelling a booking). The dates of a booking on a property may on occasion be changed within the same calendar year but are subject to availability and the Owners’ agreement. Any alterations to a booking by the Guest will be subject to an administration charge of £25.
9. Cancelling a Booking
i. A booking can be cancelled within 24 hours* of the booking being made and any rental paid will be re-funded (*a booking can only be cancelled prior to the actual start of the holiday).
ii. A Guest who wishes to cancel the booking after 24 hours of making a booking must notify the Agent in writing, a phone call alone will not suffice. If the Guest cancels the booking more than four weeks before the date of arrival, the deposit shall be forfeited to the Owner who shall be entitled to keep it unless the Agent can re-let the accommodation, whereupon the deposit will be refunded less the booking fee, the cost of the insurance if purchased and a cancellation fee of £25.
iii. If the Guest cancels the booking within four weeks of the date of arrival (or fails to take up the accommodation without cancelling the booking) the whole of the rental shall be forfeited to the Owner unless the Agent can re-let the accommodation, whereupon the rental will be refunded less the booking fee, the cost of the insurance if purchased and a cancellation fee of £25.
10. External factors
Neither Agent nor the Owner will be held to account or be responsible for any of the following which may have an impact on the Guest’s stay which results in the Guest seeking to cancel or end their booking early:
11. Properties with swimming pools and hot tubs
For properties with a swimming pool and/or hot tub, the lead Guest agrees and accepts responsibility for:
The Owner and the companies they engage to provide services at their property reserve the right to:
12. Smoking and vaping policy
All properties are strictly non-smoking and non-vaping. Smoking and vaping are only permitted outside the property away from any open windows or doors. The Guest must not leave cigarette or cigar butts or ashes anywhere around the property. Additional cleaning charges will apply and will be deducted from the Guest’s damage deposit should the inside of the property smell of smoke or cigarette butts and ashes are left in the vicinity of the property.
Payments may be made by Credit or Debit Card or via bank transfer, please ring our office for details. Post-dated cheques are not acceptable and cheques sent to us should be made payable to ‘The Cowrie Club Ltd (Client A/C)’. A charge of £25 will be made for any dishonoured cheques or dishonoured card payment, and the Guest will be liable to reimburse the Agent. The Agents website is SSL secured, your credit card details are entered on a secure page and are
transferred using secure SSL technology.
2. Overseas Bookings
Overseas Guests may pay in Sterling drawn on a UK bank, MasterCard, Visa, or by international electronic transfer, please ring our office for details. Any charges for payments from overseas will
be passed on to the Guest.
3. Guest Obligations:
The guest agrees:
i. To take good care of the Property and leave it in a clean and tidy condition ready for the next occupier, otherwise a cleaning charge will be levied. Please note a cleaning service can be organised for Guests at an extra fee by contacting the Agent at least 48 hours
prior to departure. Should the Owner be dissatisfied with the condition of the property upon the Guest’s departure, they may refuse to take a booking from that Guest again. If a Guest is excluded from two or more properties by different Owners, then the Agent reserves the right to refuse any more bookings from that Guest, at any other property.
ii. To pay for any losses or damages to the Property, its fixtures, fittings and effects caused by the Guest or a member of their party (reasonable wear and tear excluded).
iii. To pay for gas, electricity, fuel, telephone and WIFI charges incurred during the holiday that the Agent or the Owner believe to be the result of excessive Guest use.
iv. To accept responsibility for the supervision of all children, babies, pets and any adults requiring care. Properties with an enclosed garden, patio or decked area should not be considered as dog proof or child friendly.
v. Not to cause a nuisance or annoyance to occupants of nearby property.
vi. Not to smoke inside any property or from the windows of any property. Candles should also not be used in any property even if they are there in the house. The Agency and the Owners reserve the right to make a charge where Guests have contravened an Owner’s request for their property to be smoke free (in order to comply with the Unfair Terms in Consumer Contracts Regulations 1999 the amount of such a charge should not be more than the cost of the cleaning.)
vii. To be responsible for placing any rubbish in the correct bags and location for collection as per the individual property’s waste collection instructions. The Agent reserves the right to pass on any charges resulting from incorrect or excessive disposal of rubbish.
viii. To pay a £40 charge in the event of the Agent having to clear, pick up or black-bag waste and rubbish, or clean a barbecue that has been used by the Guest.
ix. To allow the Owner or the Agent or its authorised representatives to enter the Property to inspect the state of it and to carry out any necessary works of maintenance or repair, at all reasonable times (in the event of emergency at any time), causing as little inconvenience to the Guest as is reasonably practicable and making good any damage caused to the Property and to the Tenant’s property.
A pet may be permitted in certain properties, those which display a dog icon, at a standard extra weekly cost. Where pets are permitted, the Guest must ensure that:
i. The pets must never be left in the property unattended.
ii. Any fouling of lawns, paths etc. must be cleared by the Guest, or a charge of £40 will be applicable.
iii. A bed is brought by the Guest for the pet to sleep in.
iv. Pets are free from parasites and fleas before they occupy the property.
v. The pet is kept under strict control at all times whilst on the property.
vi. No dogs are allowed in bedrooms, or on beds, chairs or settees and hair must be cleared up before departure (other The Cowrie Club
Property Booking Conditions 2020 stipulations can apply, please refer to specific property descriptions).
vii. Any damage caused by a pet should be reported to the Agent immediately.
viii. Excessive cleaning due to Guest pets may incur an additional charge.
ix. Guests should ensure they have suitable pet Insurance in place to cover damage caused to the Owners property or belongings. Failure to comply may result in you being asked to leave without compensation and/or may incur subsequent charges. Where “No Pets” is specified at a property, this is non-negotiable. If an assistance dog is required by a Guest or a member of the Guest’s party, this should be communicated to the Agent at the time of booking or immediately thereafter if such booking was made online. In such circumstances, the assistance dog’s identification book must be presented to the Agent upon request. Please note that the Agent cannot guarantee a property that says “No
Pets” has never had a pet in it. The Agent cannot accept responsibility for any legislation relating to dogs not being permitted on beaches.
5. Bed Linen & Towels
Sheets, pillowcases, duvet covers and towels are provided unless otherwise specified within the property description. If Guests have allergies to certain types of bedding, they should bring their own pillows and duvets. Linen can be hired at an extra charge, please ask for more details.
Broadband speed and service can vary widely and at some properties bandwidth is restricted, so may not be sufficient capacity for downloading films, TV programmes or music. If connection to the Internet is vital to a Guest they should bring their own access (via a dongle) and should NOT rely on the house provision. If WiFi/Broadband is offered, the Guest agrees to comply with all current legislation pertaining and regarding to the use of electronic data use and the Internet. The Owners and the Agent accept no liability for the loss or damage to the Guest’s data, or for the Guest’s inappropriate or illegal use of the Internet.
7. Photos & Descriptions
The property descriptions and photos on the website/brochure are provided in good faith and can be subject to minor alterations. Whilst the Agent makes every effort to ensure the accuracy of the property description, they cannot be held responsible for any alterations made to the property or its amenities that are beyond its reasonable control. If a facility is particularly important to you, please check with the Agent prior to booking. A booking is taken on the assumption that the guest should only book a property that is suitable for their needs and by placing a booking with the Agent, the Guest confirms that they have read the full property description and any notifications held within.
The Agent reserves the right to amend prices quoted in the brochure or online due to errors or omissions, but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
9. Users Risk
The use of amenities provided by the Owners such as swimming pools, play equipment etc. is entirely at the Guests risk and no responsibility can be accepted by the Owner or Agent for any injuries caused, or loss or damage to any belongings or persons who use them.
10. External Factors
The Agent and the Owner cannot be held to account or be responsible for; any holiday fairs, fetes, events or festivals occurring during the letting season; any noise or building works in the vicinity or on neighbouring properties or the activity of any wildlife that may live in the vicinity.
11. Older Properties
Many of our older cottages offer charm and character and were built well before the current building regulations, some being grade listed. Sometimes they may have lower ceilings, or low doorways, narrow stairs, uneven or unusual sized steps. Heating systems in properties vary from electric and oil/gas central heating, through to ground source under-floor.
As the Agent our aim is to provide you with excellent customer service. Occasionally we may fail to meet your expectations, mistakes can happen and when they do, we will try to put things right as quickly as possible.
In the event of there being a cause for complaint concerning a property, the Guest must contact the Agent immediately in person or by telephoning the office within office hours. It is important that this is done whilst the Guest is still at the property so that an on-the-spot investigation can be made if necessary and remedial action taken if possible.
No compensation will be offered to a Guest by the Agent or Owner should the Guest deny the Owner or Agent the opportunity to rectify the issue during the Holiday. For complaints that cannot be resolved immediately Guests must contact the Agent within 14 days of their departure date and the Agent will follow a set Complaints Handling Procedure. All complaints will be considered by a designated complaints handler from the Agent who will be acting on a goodwill basis as arbiters between the Guest and the Owner to resolve any dispute, but the Agent cannot be held liable if one or both parties are dissatisfied with the outcome.
Neither the Owner nor the Agent accepts responsibility for work taking place outside the boundary of a property, or for noise or nuisance resulting from third party activity over which the Owner or the Agent has no control.
If the complaint cannot be resolved, it can be referred at any time, by either side to the independent arbitration service, via the Chief Executive officer of the national Holiday Home Association.
13. Breach of Contract
If there is a breach of any of these conditions by the Guest or any of the party, the Owners or the Agent reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave. If there is a breach of contract by the Agent or the Owners, then the Guests have the right to end the Holiday and leave. Ending the holiday by either the Agent, the Owner or the Guest does not affect that party’s other rights and remedies.
14. Governing Law & Jurisdiction
The non-exclusive law and jurisdiction of English and Wales will govern any dispute.
15. Confidentiality and Data Protection
16. Lost Property
Neither the owner or the Agent can take any responsibility for any item(s) left behind by a guest after their stay is over. If an item is recovered by the Owners caretaker or one of the Agent’s staff, then it will be brought to the Agent’s office to await collection from a courier arranged and paid for by the Guest. After 3 months any items found that have not been claimed or collected, will be donated to charity.
17. Previous Booking Conditions
These Booking Conditions replace and supersede all previous editions.