BOOKING TERMS & CONDITIONS
We really want you to have a most enjoyable holiday in our beautiful properties and we realise that reading the small print can be a bind. Our owners have taken great care to try to provide an excellent standard of accommodation and presentation. Our booking terms and conditions are there to protect the trust The Owners have placed in us and in you, their guests.
Please therefore read through these terms and conditions carefully before confirming your reservation, as once you have paid your deposit this creates a legally binding agreement. If you have any worries or concerns, regarding our terms and conditions, please do not hesitate to contact us.
2. AGREEMENT TERMS & CONDITIONS
All of the accommodation advertised by St Michael’s Coastal Cottages is privately owned. St Michael’s Coastal Cottages act only as a letting agent on behalf of the owner of the property that you will be occupying and the following conditions form the basis of the contract between you (the ”Hirer” or “you” or “your”) and the relevant Property Owner (The “Owner”) acting through St Michael’s Coastal Cottages (“StMCC” or The “Agent” or “we” or “us”).
St Michael’s Coastal Cottages (StMCC) is an independent contractor acting only as The Agency for The Owner of The Properties featured on its website. The Agent does not sell or offer for sale any “packages” or act as an “organiser” within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking the Owner may accept. The Hirer has the right to occupy a property as tenant for a holiday only, for a period of less than 1 month, (within the meaning of Schedule 1, para 9 of the Housing Act, 1988).
The Owner hereby agrees to let the property to you on the following terms and conditions:
The Contract will not exist until The Hirer has completed a booking request and a non-returnable 25% deposit has been paid to The Agents. By confirming your booking through payment of this deposit, you accept the terms and conditions as below, and our agreement becomes a legal contract. We reserve the right to terminate the contract of hire without notice and without refund for a breach of these conditions.
The Hirer (person paying the deposit) certifies that:
· He / she is authorised to agree the booking conditions on behalf of all persons included on the booking and including those added or substituted to the original booking.
· The Hirer is over 18 years of age.
· The Hirer agrees to take responsibility for the party occupying the property and to notify StMCC if they are not a member of that party.
Rental prices may increase or decrease at any time, but not after your booking has been confirmed. Prices may be different from standard prices advertised or on our website where an extra charge is levied (e.g. for dogs or extra persons) or reduced for late availability offers.
All discounts, special offers, and late availability reduced pricing are offered at StMCC’s discretion and can be withdrawn or added at any time. Reduced pricing applies to new reservations only and any bookings with a deposit paid are confirmed and contracted at the original price with any outstanding balance payments due at the contracted price.
The prices our properties are advertised at on other websites (e.g Airbnb, Home Away, Every Stay etc.) may differ from the standard prices shown on the StMCC website. This is due to the other website taking an additional service charge from you. As far as possible the basic prices shown on these other websites are set by StMCC to provide the Owner with the same income as if the booking had been direct through StMCC website, and does not include the service charge levied by those other companies which can be as much as 20% plus VAT extra.
4. PAYMENT OF DEPOSIT AND FINAL BALANCE
For all bookings via the StMCC website* a 25% non-refundable deposit, paid by credit or debit card is required at the time of your booking. A £30 (non-refundable) booking fee is also payable at the time of booking.
The final 75% balance, paid by credit or debit card, is due eight weeks before your arrival.
A reminder will be sent that your balance is due, however if we do not receive all amounts due in full and on time, we have the right to treat your booking as cancelled by you and the holiday property may be re-booked to someone else. In this case all monies paid or due at that time will be retained / must be paid to us. Your 25% deposit is non-refundable, however we may refund the balance paid if an alternative letting is achieved for the property, taking into account any losses incurred by us.
All properties require a £100 refundable security deposit. This must be received at least eight weeks prior to your arrival, paid by card OR bacs at the same time as the balance of the rental cost. It will be refunded to you in full within 7 days of your departure providing the property is left in a clean and undamaged condition. (See later section on breakages and security deposit). Where payment is by bank transfer the refund will be by cheque.
If you book less than eight weeks before you holiday is due to commence then full payment for the property and the £100 security deposit is required at the time of booking.
On line Payments can be made using debit or credit card and will be processed in GB Pounds Sterling. There is no handling fee for credit or debit cards. We are unable to accept American Express Cards. Payment is also possible by Bank Transfer or Cheque.
* Payment arrangements for bookings made through other websites such as Airbnb or Home Away will differ from section 4.
Under no circumstances may the number of people stipulated in the property description be exceeded, and only those listed at the time of booking may occupy the property. A child under 24 months does not count as a person for the purpose of calculating occupancy, however where the child is 'extra' to the maximum occupancy stated, StMCC will provide extra bedding at extra cost.
Celebration parties or gatherings during your period of occupancy, including guests not staying at the property must be with prior agreement with StMCC.
Pitching of tents or siting of caravans on land at any property or property is not permitted and will be considered as a breach of contract. If the property, its contents or grounds are abused or misused or the number of persons exceeds that declared at the time of booking this contract may be terminated without recourse by the Hirer to refund or compensation.
Bookings from single gender groups and groups of persons under 21 years may be declined.
Dogs are accepted only at Dog Friendly cottages. Where a dog is found to be residing at a non-dog friendly property these are grounds for cancellation of the booking without refund or compensation.
6. CANCELLATION POLICY
A holiday booking is a legally binding contract. Cancellations, alterations and curtailments will only be accepted in writing (by letter or e-mail).
In the event of your cancellation/amendment/curtailment every attempt will be made by The Agents to re-let the property. However where a property is not re-let we operate the following policy:
· In the event of cancellation, alteration or curtailment the Non Refundable 25% deposit will NOT be refunded under any circumstances. It is therefore in your own interest to take out Holiday Cancellation Insurance.
· When cancellations, alterations or curtailment occurs 8 weeks or more before your stay, you will not be liable to pay the full balance outstanding, but you will forfeit the non-refundable 25% deposit.
· In the event of you cancelling your booking with less than 8 weeks’ notice we will endeavour to re-let the property for the period concerned, but the condition of your booking is that the full cost of the rental (not including the £100 security deposit) must be paid if not re-let. If such re-letting can be arranged, the balance, if already paid, will be refunded less a £50 administration charge and you will also forfeit your non-refundable 25% deposit.
Once a booking has been accepted by StMCC, the booking can only be changed to another property by treating the original booking as a cancellation (i.e. the original 25% deposit will be forfeited).
7. CANCELLATION BY StMCC OR THE OWNER
We do not expect or intend to make any changes or to cancel your booking. Occasionally changes do occur and cancellation is necessary due to circumstances beyond our control. (E.g. if a property was flooded or damaged by fire). In the event that confirmed bookings have to be cancelled by The Owner or The Agent we will endeavour to provide alternative accommodation of a similar standard if available. If this is not possible, a full refund including the deposit paid will be made. The Owner and StMCC will not be liable for additional expenses or compensation claims thereafter.
Should The Holiday Property be sold with bookings scheduled for a time after exchange of contracts then those bookings must either:
a) Be honoured by the New Owner, or
b) The Owner selling shall be responsible for finding alternative accommodation of an equal or higher standard for the Hirer, and if that alternative accommodation is more expensive, then the Owner selling shall bear that additional cost, or
c) The Owner selling shall provide a full refund of all monies (including the 25% deposit) paid by the Hirer for a holiday at the Property.
Option c) above will be regarded very much a last resort, as minimising any inconvenience or distress to the Hirer is the absolute priority in such situations.
Our properties are constantly being improved by The Owners so we cannot guarantee that furnishings, decoration or facilities at a property will be exactly as per the photos or specification on our website / advertising. Whilst The Agent makes every effort to ensure the accuracy of the property description on our website and advertising, The Agent cannot be held responsible for any alterations, improvements or changes made by The Owner to the property or its amenities which are beyond our reasonable control, or for any inaccurate, potentially misleading or incomplete information about the property.
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 The Owners negligence.
Furthermore, no responsibility is accepted for the personal property (including pets), car or the cars contents belonging to the Hirer, or any member of the party during their occupancy.
StMCC properties are typically comfortably furnished and well-equipped with crockery, cutlery, cooking utensils, cooker, microwave, fridge, toaster, iron and ironing board, television, DVD and Hi-Fi. Some have a dishwasher, washing machine, tumble drier, Wi-Fi or telephone. All are centrally heated and some have open fires or log burners. Where there is an outside sitting space garden furniture is also included. (Please refer to our website for specific details of equipment and facilities at individual properties).
The Agents and Owner cannot be held responsible where appliances fail to operate or malfunction, but we will endeavour to repair or replace such appliances as soon as practically possible after we are made aware of the issue. When repair is not possible during the duration of your stay, (e.g. if a spare part has to be ordered), then StMCC or the Owner cannot be held liable for any inconvenience this may have caused).
The Guest parks his/her vehicle at their own risk. Neither The Agents nor The Property Owner can be held responsible for any damage caused to, or loss from The Guests vehicle(s) whether parked at The Property or in an allocated parking space elsewhere in Marazion.
9. LIABILITY FOR LOCAL ‘ISSUES’
Whilst Marazion is an un-spoilt and peaceful holiday destination, it is also a ‘living town’ with local people who live here all year round. Naturally there are occasional activities; wedding celebrations, concerts, the yearly regatta, parades, the carnival, and various sporting events which may result in crowds of tourists, road closures or localised congestion etc., which are all part of town life.
Marazion is a typical Cornish rural coastal community and from time to time, especially after rough seas, there may be accumulations of seaweed, or flotsam & jetsam on the beach which sometimes results in ‘seaside’ smells and short lived swarms of small flies. Seagulls may also be a nuisance, squawking early in the morning, leaving ‘deposits’ on you or your car and even stealing your pasties! Similarly there may be issues related to agriculture – such as slow moving tractors, mud on the road, livestock smells, wasps, bees and insects or visits by various ‘furry friends’ or other wildlife.
There may also be gardening noise, bonfires and road works or construction work over which we have no control. We are unable to provide advance notice of building works close to our rental properties as in the vast majority of cases we are not advised of where and when or why they might occur. However for your convenience when we are made aware, advance warning will be provided to you if we believe that such works may potentially compromise safety, access, the outlook from the front of the property or be a source of excessive noise - however we cannot be held responsible or liable for any inconvenience caused to you, or disruption to your holiday caused by 3rd party contractors working nearby over whom we have no control.
This list of community ‘issues’ is not exhaustive, but provide examples of normal everyday life in Marazion, for which The Owner and StMCC have no control and cannot be held responsible, and for the avoidance of doubt, for which the Agent and the Owners accept no responsibility or liability.
10. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, the Agent and the Owner can accept no liability where the performance or prompt performance of the Owners contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss as a result of “Force Majeure”. In these Booking Conditions “Force Majeure” means any event which the Owner could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, power outages, flooding, fire and all similar events outside our control.
11. ARRIVAL / DEPARTURE TIMES
Unless otherwise stated, weekly bookings are either from Friday to Friday or Saturday to Saturday. You must ensure that you do not arrive at the property until after 4:00 pm on the day of your arrival and you must depart before 10:00 am at the latest on the day of your departure. It is your responsibility to check at the time of booking to confirm changeover day and arrival / departure time for your specific property. These strict arrival and departure times are to ensure our cleaning teams have sufficient time to prepare the property for your arrival and in readiness for its next holiday tenants after you leave. If our housekeepers are delayed by the late departure of the Hirer or your guests, a late leaving charge of £25 per hour or part hour will be applied. These arrival and departure times also apply to the car parking spaces (if provided), as our cleaners will need to park in those spaces whilst conducting changeovers.
Unless otherwise specified, all bed linen and bathroom towels are provided. Swimming or Beach towels and Cot Bedding & linen are NOT supplied so please bring your own. We cannot guarantee that duvets and pillows do not contain feathers, so if this is a problem to you please bring your own.
Towels will be laid out in the house ready for your use. Please do not take extra towels / linen out of the linen cupboards as this will incur you additional cost. Please note that the white towels provided should not be taken out of the house or to the beach and any stains on towels or linen not removable by normal laundering will require us to arrange replacement towels or linen which will be charged for.
Ordinarily for stays of two weeks or more, fresh changeover linen and towels will be supplied, but there will be no cleans during the stay (unless agreed in advance). Beds will be made up on your arrival, but not made up during the tenancy period.
13. REPORTING DAMAGE and BREAKAGES
Other than normal wear and tear or minor breakages (i.e. the odd glass or piece of crockery), all other breakages, losses or damage and other extra costs will be charged for.
Any damage or malfunction of any aspect of the house should be notified to StMCC without delay, and be noted by you in the maintenance book in the property to enable rectification to be carried out. Contact numbers in the case of complaints, damage or malfunctions in order or preference are:
· StMCC Marazion Office: 01736 711098
· Paul Elliott Mobile: 07518 945279
· Alison Elliott mobile: 07854 649415
In the unlikely event that there is no response on these numbers please do leave us a message with your name and contact number so we can get back to you as soon as we pick up your call.
14. CLEANING GUIDELINES
The Hirer must check that the cleanliness of the property is to their satisfaction on arrival, as cleaning complaints can only be responded to if notified within 2 hours of arrival. Thereafter, whilst at the property, the Hirer is responsible for normal everyday cleaning and for keeping the property tidy.
We are often asked how the accommodation should be left at the end of a holiday. It would be very much appreciated if you could help by observing the following guidelines so that the property is left clean and tidy on your departure:
· Please remove food from the fridge and dispose of all rubbish and food waste in the dustbin.
· Please wash, dry and put away all crockery, cutlery, pans and cooking utensils, and empty the dishwasher. Please ensure that these items are stored in a clean, ready to use condition.
· Please attend to any spillages or splattering of food on the cooker, in the oven or in the refrigerator.
· Please leave your beds made up, but turn back the duvets on the used beds.
· All used towels to be left in the shower tray or bath.
15. SECURITY DEPOSIT
All of our properties require a £100 refundable security deposit. This must be received at least 8 weeks prior to arrival at the same time as the final balance of the rental cost.
The deposit is fully refundable within 7 days of departure, provided the following provisions are met:
· No damage is done to property or its contents, beyond normal wear and tear.
· No charges are incurred due to illegal activity, pets or services rendered during the stay.
· All debris, waste food, rubbish and discards are placed in the rubbish bin, and the wheelie bin / rubbish sacks are put out on Sunday evening for collection early on Monday mornings. Please refer to the information folder in your property regarding recycling arrangements. It is important that correct items are placed into the correct recycling bags as the refuse collector will decline to empty any bags with ‘mixed’ or incorrect contents.
· All soiled pots, dishes and cutlery are washed, dried and put away and the dishwasher is emptied. You must ensure that these items are stored in a clean ready to use condition, and that you attend to any spillages or splattering of food on the cooker, in the oven or in the refrigerator.
· You must abide by instructions in the property folder to ensure you use the correct cleaning products for individual items. (E.g. use ‘hob cleaner’ for cleaning induction hobs etc.). You should also ensure young children do not have access to cleaning materials and products which may be stored under sinks or in cupboards.
· No linens or towels are lost or damaged. (Linen is included in the hire price of the property, but we do ask that you bring your own beach towels and that you do not take property towels onto the beach).
· The Hirer or members of your party are not evicted by The Owner (or representative of the owner) or The Agent or the Police.
· If you move any furniture during your stay, it should be replaced to it where it was when you arrived.
· Any items that are damaged or broken during the stay are reported to StMCC as soon as possible. (The cost of repairs or similar replacements will be deducted from the security deposit before it is returned. If the cost of damage or breakage rectification should exceed the security deposit paid, the additional balance will become immediately due).
· All keys are returned and left in the key safe on departure.
Our cleaners have been allocated an average cleaning time for each property. If you leave the property in such a condition that the average cleaning hours are exceeded you will be charged at the rate of £15.00 / hour for the extra cleaning time incurred and this will be deducted from your security deposit.
Where properties have a BBQ we expect guests to clean them after use. If the BBQ is not left clean and our team has to clean it on the changeover then we reserve the right to deduct £50 from your security deposit.
16. SAFETY AND GUEST BEHAVIOUR
Your safety whilst staying in our properties is of paramount important to us. Whilst the Owner has taken every care to provide a safe environment, no liability is accepted for Injury to persons staying in properties, save where this can be shown to be as a result of the negligence of the owner.
You and your party are expected to behave in a circumspect manner at all times with regard to their own and others safety, and to abide by any house rules especially concerning rowdy behaviour and excessive noise.
Parents are primarily responsible for the safety of their children and letting this house does not negate parental responsibility. Where stair gates are supplied, these are the responsibility of the parents to check and use correctly.
There is always an element of danger in unfamiliar surroundings. Some of our properties may be near to the road, beside the beach or close to a cliff edge. They may have steep terraced gardens and steps or have a swimming pool. In all such cases, common sense should prevail and the hirer and parents of children staying at the property are responsible for the safety and supervision of their children and party members at all times.
Where a StMCC property adjoins another private property or its grounds, then the neighbours privacy must be respected and such neighbouring property or their grounds should not be entered and nuisance should not be caused to them.
Some of our properties have steep stairs, low ceilings or other features which form part of their character, but may be considered by some as unsuitable for children, the elderly or physically impaired. If any aspect of the property poses safety concern to you or any member of your party, please contact StMCC as soon as you read these conditions and before you confirm your reservation. We can then explain more fully the specific area of concern and if necessary try to suggest suitable alternative accommodation.
The Hirer is advised to check details of individual properties on our website prior to making your booking to ensure it meets your personal requirements. It will be the responsibility of the person making the reservation by paying the deposit (The Hirer), to ultimately decide if the property is suitable for the members of their party or not.
17. RIGHT OF ENTRY
Whilst respecting the privacy and enjoyment of the Hirer, The Owner or representatives of StMCC including tradespersons, reserve the right to enter the property at any reasonable time, whether occupied or not, to inspect the property and carry out both essential repairs and normal maintenance including gardening etc., or to enter at any time without notice if there is cause for concern that the booking conditions are being broken.
The Owner reserves the right to take any appropriate action, including immediate termination of the Tenancy (when no refunds will be made and the Owner will have no further liability to you), if the property, contents or its grounds are abused or misused or if the number of persons staying at the property exceeds the number stated by StMCC to be the capacity of the property, or if dogs are found at a property that is not dog friendly.
Damage to the property as a result of the fault or abuse (willful, negligent or otherwise) of you or your party will be fully charged including consequential loss re future lettings.
Where car parking is provided on site or nearby guests must only use the space allocated. Unless otherwise stated, it must be assumed that the parking space will only accommodate an average sized car (e.g. Ford Focus), and if in doubt the Hirer should check with The Agent before booking. The Owner & StMCC accept no liability for additional costs incurred if an alternative parking space is required or a vehicle is damaged.
Please note that unless dedicated parking is specified at the property we cannot guarantee parking. There are usually spaces to be found either in the town car parks or on the streets around Marazion.
Where parking permits are provided for specific properties, they must be left at your property upon your departure. Parking permits are subject to a £25 charge if not left at the property or if they are returned in a significantly damaged state.
Please Note Parking is entirely at your own risk. Neither The Agents nor The Property Owner, Nor the owner of any specified designated car parking space can be held responsible for any loss or damage caused to The Guests vehicle(s) whether parked at The Property or in a Designated parking space elsewhere in Marazion.
19. DOG POLICY
No Pets of any description except dogs are permitted at any St Michaels Coastal Cottage.
Where property owners accept dogs, a specified number of well-behaved dogs may be brought by prior arrangement only, at an additional cost of £25 per dog per week. Sorry, but no cats or pets other than dogs are allowed.
Dogs are only accepted on the strict understanding that they are kept under control, exercised off the premises and are not permitted in the bedrooms or on the furniture, nor should they be left in the property unsupervised or cause a nuisance to neighbours. All evidence of their stay, both inside and out, must be cleaned up by the hirer. All properties have a vacuum cleaner for guest use if required.
If the property has a paved or decked patio or courtyard Do Not allow your dog to use this area as a toilet.
Where Dogs are allowed please bring your own dog beds, towels and all necessary equipment to protect the property. Any damage caused by dogs, or additional time required for cleaning relating to dogs, will be charged to you.
In properties which do not accept dogs, we cannot guarantee that pets have never been in the property, so any pet related allergies should be brought to our attention before booking.
20. GENERAL CONDITIONS
SMOKING - All St Michaels Coastal Properties are strictly ‘No Smoking’ properties. This includes use of vapour cigarettes. When smoking outside our premises please ensure you dispose of cigarette ends considerately and safely.
CANDLES - The use of candles in the premises is prohibited as this constitutes a fire hazard.
Wi-Fi - We are unable to guarantee mobile telephone reception or the internet connections as connections and signals are subject to supplier network connectivity beyond our control. We do not accept bookings on the basis that they rely on having uninterrupted Wi-Fi or good mobile reception whether for business or pleasure.
COTS - StMCC do not routinely supply high chairs, stair gates, cots or bedding for cots. If needed please request to borrow a travel cot or high chairbring your own. A cot may only be occupied by a child aged 24 months or less. A child over 24 months counts as a person for the purpose of calculating occupancy. There is no charge for infants under 24 months occupying a cot.
OPEN FIRES / LOG BURNERS - Where properties have log burners or open fires enough fuel for your first fire is usually provided. Thereafter logs may be purchased locally at Cobbles Corner, the Long Rock Post Office store or at local supermarkets on the outskirts of Penzance.
LOST PROPERTY - If you leave any items at the property please inform us ASAP. The most common item left
are phone chargers, so make sure you check sockets for them before you leave. If we find something which we think may belong to you we will inform you by e-mail. We will retain any property found for 2 weeks and then it will be disposed of. If you wish lost property to be returned to you please inform us within 2 weeks, and be aware that we will charge a £10 fee plus post and packaging to return said item.
If you have any complaints concerning the property, or service received from StMCC, it is important that you inform us immediately (within 24 hours), allowing the complaint to be corrected at the earliest opportunity.
The Hirer should always raise any complaints with StMCC during the time of their stay as we cannot properly investigate any complaints made at a later time. In no circumstances will any complaint be accepted if it is brought to our attention, or to the attention of the Owner after the holiday letting has ended.
The Hirer must check that the cleanliness of the property is to your satisfaction on arrival as cleaning complaints can only be responded to if notified within 2 hours of arrival.
22. OUT OF HOURS EMERGENCY CONTACTS
Our business hours are 10.00am to 7.00pm Monday to Saturday. Our office is closed on Sundays. An out of hours 'emergency phone’ number is supplied in your welcome folder.. Support on this line is available between 7.00pm and 10.00pm daily and 10.00am to 10.00pm on a Sunday.
Please call the ‘emergency’ number for the following reasons only:
1. No heating
2. No power
3. No water
4. Any serious water leak (flood)
5. Locked out.
Being unable to access the Wi-Fi or operate the TV is not deemed an emergency. Please refer to your property welcome letter and the property information folder for relevant contact numbers.
Any issue not deemed an emergency or reported after 10.00pm will be responded to on the next business day by a member of the StMCC team.
23. AMENDMENTS TO TERMS AND CONDITIONS
StMCC has the right to amend or update these Terms and Conditions at any time to reflect any changes in policy or prices which will be reviewed annually. The onus is on the Hirer to read and review any amended Terms and Conditions as published on the StMCC website.
St Michaels Coastal Cottage, Britannia House, Turnpike Hill, Marazion, TR17 0BZ
Registered Business Number 2298206
Tel Office 01736 711098
T&C Version March 2019