In these conditions the ‘Agents’ shall mean David Ball Agencies known as Newquay Holiday Lettings acting as letting agents on behalf of the property owners. ‘the Owners’,  being the property owner. ‘the Customer’ being the person who signs the booking form.

CONTRACT

The contract shall be between the customer and the owner acting through the agents, but will not exist until the signed booking form, together with a 1/3 deposit and extras as applicable have been received, within 7 days of making the provisional booking and confirmed by the agents, subject to cheques being cleared. If booking less than 8 weeks before the holiday, the full cost of the holiday is payable at the time of booking together with the bond. Regretfully a charge of £8 must be made for cheques represented for clearance or where the cheque is ‘referred to drawer’. Once confirmed the customer is liable for the full cost of the holiday, the balance being due at least 8 weeks before commencement of the same. It is regretted that reminders for any outstanding balance cannot be given and non-payment by the due date could be treated as a cancellation, the property being considered as available for re-letting without further reference to the customer. Post-dated cheques are not accepted.

All bookings made within 14 days of the booking start date, the full amount due must be paid by debit/credit card *see bond*.

CUSTOMER OBLIGATIONS

The customer agrees:

To pay for all gas, electricity, fuel and telephone charges incurred during a tenancy, unless these costs are included in the rental. To pay for any losses or damage to the property, however caused (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be recovered under the householders insurance policies maintained by the owners.

To keep the holiday property and all furniture, fittings and effects in or on the property in the same state of repair and condition as at the commencement of the holiday, and must also leave the holiday property in the same state of cleanliness and general order of which it was found. The Owner / Agent will be entitled to make an additional charge to the customer if extra cleaning is made necessary as a result of the property being left in a dirty condition upon the customers departure. Singles parties will be issued with a ‘Code of Conduct’ of acceptable behaviour before and on arrival.

Value Added Tax
Where applicable this is included in prices quoted and subject to change. See General Conditions D.

GENERAL CONDITIONS
(a)  the person making the booking is responsible for the property and ensuring that members of the party observe all aspects of their obligations. To comply with the owner’s insurance requirements, only the maximum number of persons and animals, shown on the booking form, may occupy a property. If the stated number of persons is exceeded, the Owner/Agent is entitled to refuse entry and this will be treated as a cancellation; see Non Compliance with Booking Conditions. All persons named on the booking form  are classed as a ‘person’ for tariff bands. Under no circumstances can the booked holiday period be extended beyond the initial booking except by the prior written agreement of the Agents.
The Owner/Agent is entitled to ask the customer or member of the customers party to leave the property, without refund of monies paid, if in reasonable opinion of the Owner/Agent  the behaviour of the customer(s) is unacceptable. They must observe the holiday property ‘House Rules’ as displayed in the property, at all times. The Owner / Agent has the right to inspect the property during the holiday. Please note, only the persons named on the booking form are allowed to occupy the property.

(b)  Discrepancies. In the event of any discrepancy between these booking conditions and the contents of the brochure these booking conditions shall prevail. Whilst the Owners/Agents take all reasonable steps to ensure the accurate reproduction of brochure text / illustrations, it cannot accept responsibility for errors contained in the brochure or the results thereof. The customer must accept that minor differences between the text and photograph/illustration and the actual property may arise. All distances are approximate and facilities may be altered or withdrawn for reasons not within the Owners/Agents control and responsibility cannot be accepted or compensation considered. Neither the Agents nor the Owner (s) can accept any liability for any loss or damage resulting from the information given or statements made by either party.

(c )  On arrival any complaints regarding the condition of the property, the accommodation afforded or the facilities available must be taken up within 24 hours with the Owner/Agent so that any necessary action can be taken. Any problems arising during the holiday period must be notified to the Owner/Agent within 24 hours of the problem occurring. If the customer vacates the premises prematurely as the result of any alleged dissatisfaction, or makes any claim upon return from the holiday, and has not followed this simple procedure then no liability for any subsequent claim will be accepted or correspondence entered into.

ALL COMPLAINTS MADE DURING THE HOLIDAY MUST BE CONFIRMED IN WRITING, TO THE AGENTS, WITHIN SEVEN DAYS OF THE LAST DAY OF THE HOLIDAY.

(d)The Owners/Agents reserve the right to alter prices given, due to errors or omissions or, where applicable, changes in VAT. Whilst price alterations must also apply to confirmed bookings, if an increase, the customer has the right to cancel within seven working days of notification of such price increase. If for reasons beyond the control of Owner/Agent a property isn’t available, on the date booked, the Agent will endeavour to offer alternative accommodation of a similar type and standard and at the same cost as that originally requested by the customer. Should the alternative property offered be of a higher price the Owners/Agents reserve the right to charge the difference. If the alternative accommodation is not acceptable to the customer, or no alternative accommodation can be offered, the Owners/Agents will refund in full all monies paid and be under no other liability.

(e) The Owner/Agents reserve the right to cancel any booking within 48 hours of it having been made and refunding the full amount paid, without any further obligation.

(f)  The Owner/Agents will cancel any holiday without prior notification if the full balance has not been paid by 28 days prior to the arrival date.

(g)Pets are permitted only in those properties advertised in the brochure as accepting pets. If a pet is taken into a property where pets are excluded, or the stated number /size of pets is exceeded, the Owner/Agent is entitled to refuse entry and this will be treated as a cancellation by the customer, see Non Compliance with Booking conditions.

(h)Optional extras are charged at the rates shown.

BOOKING FEE Every booking is subject to a non refundable booking fee of £20

CANCELLATION INSURANCE
You are strongly advised to obtain your own cancellation insurance against holiday cost.

NON COMPLIANCE WITH BOOKING CONDITIONS – CANCELLATION BY OWNERS/AGENT

The full cost of the holiday will be retained.

CANCELLATION BY CUSTOMER
If the customer cancels the holiday after the deposit is paid but before the balance, the deposit is retained in full.  Our Booking Conditions state the full balance is due at 8 weeks. Full payment for the booking is due even if the customer  cancels after the final balance date but has not paid the final balance.  If the customer cancels the holiday after the balance is paid the balance is retained in full (together with the deposit) unless DBA are able to rebook the accommodation. In the event of the accommodation being rebooked up to 2/3 of the full cost of the holiday will be refunded after a period of 35 days has passed from payment.  If the accommodation is not relet only the Bond and allocated cost of cleaning/laundry will be refunded, after 35 days have passed from payment.  We will endeavour to re-let the accommodation at the same tariff but cannot guarantee this, which could affect your level of refund. 

ALTERATION OF ORIGINAL HOLIDAY BOOKING
A fee of £20 + VAT is charged for each individual alteration to the holiday booking.  Alterations are only accepted from the original booking customer.

THE HOLIDAY ACCOMMODATION
Any property occupied through Newquay Holiday Lettings is strictly on the basis that the accommodation is for holiday use only, and that no right to remain in the accommodation exists by the customer or any person allowed in the property by him.  Neither the Agents nor Owner(s) can accept liability for any claim arising out of delayed arrival to a holiday property, or cancellation of the holiday by the customer, due to adverse weather conditions, which prevent travel to the property temporarily or at all.  The customer will be held liable for any costs incurred through any delayed departure on the designated departure day.

LIABILITY
The Agents will not be liable for any act, neglect or default on the part of the owner or any other person, not for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the customer or any member of his or her party may suffer arising out of or in connection with the holiday, or resulting from any other cause whatsoever, including any activities as may be publicised in the brochure.  Save insofar as death or personal injury to the customer or any member of the holiday party proven to be resulting from the Agents negligence.

BOND
£60-£100 per person on singles party bookings. Prior to arrival the person making the booking will receive a ‘Code of Conduct’ for which they are responsible to ensure all party members observe £20 per person on all other bookings to be paid with the final payment at least 8 weeks prior to the booking.  When payment of Bond is made by credit/debit card 35 days must pass before refund is made.  The bond is refundable after satisfactory inspection. Return payment made by cheque within 7 days of vacating the holiday property if no problems have occurred.  This bond is refundable in full if the holiday property is not occupied at any time by the booked party. 

Bond money will be allocated to the appropriate item plus a £5 + VAT admin. charge.  The Owner/Agents decision on costings is final.

OCCUPATION TIMES
Occupation commences after 1530 (unless specifically stated otherwise in brochure), on the commencement date of the holiday and terminates at 09.30 on the termination date of the holiday.  A charge of £50 will be made for any late vacations with no exceptions.  It is important that properties are vacated by the agreed time to ensure cleaners have sufficient time to make the property re-available for the next guests.

PETS
Where pets are allowed there is an extra charge per pet per week or Minibreak.  In making this service available we are relying on you to respond by keeping your pet under strict control at all times.  Please bring your own pet basket and do not allow your pet on furniture or beds.  A pet must not be left unattended in the hired property at any time.  The pet owner/s will be liable for any damage caused by pets.

LINEN
All accommodation is equipped with bed linen, sheets and pillowcases.  Unless stated towels are not provided.   Linen and blankets for cots are not supplied and should be brought by the visitor.

COMPLIANCE OF BOOKING CONDITIONS
Booking a holiday with Newquay Holiday Lettings commits the booked party to acceptance of all our Booking Conditions state above without exception.

SINGLES AND GROUP CONDITIONS

We expect all groups and singles to behave in a responsible way, therefore please read the following information very carefully regarding how deduction penalties are applied to your refundable bond money.

·         Unruly Or Noisy Behaviour In Or Around  

          The Premises At Any Time  

·         Bringing Any Person Not Registered On The 

          Booking Form Back To The Premises At Any Time.  

·         Mis-Use Of Any Of The Fire Equipment    

          Or Fire Alarm System  

·         Smoking In Any Accommodation 

First penalty -   One third of your total bond retained  

Second penalty - a further third of the total bond retained  

Third penalty - balance of total bond retained

and you will have to vacate the accommodation

COSTS OF REPAIRS OR REPLACEMENTS MAY BE ADDED TO THE BOND PENALTY.

If you leave the accommodation excessively untidy and soiled beyond normal expectations you will be charged as follows:

 ·         Extra cleaning time and staffing  a minimum of  £25 per hour or part of 

 ·         current cost + time to replace bedding and soft furnishings

 ·         removal of excessive refuse beyond normal expectations including beach goods, discarded possessions, tins, plastic and bottles not placed in the appropriate re-cycling bags will be charged at £20.00.  

·         please be aware that replacement door keys cost  £15.00 each.

Unless there is excessive damage or loss of glass, crockery, cutlery, cooking utensils etc we do not normally make a charge.

Should it be necessary to apply any of these charges repayment of any balance due on the Bond will be delayed beyond the normal 7 day period. A charge will be made for administration of £5.00 + vat. Any Bond paid by credit/debit care within 30 days of arrival cannot be returned until a minimum of 35 days has passed.  

IN EXCEPTIONAL CIRCUMSTANCES WE PURSUE CLAIMS FOR DAMAGES THROUGH THE SMALL CLAIMS COURT

EXPECT VISTS FROM NEWQUAY HOLIDAY LETTINGS DURING YOUR STAY  

10/11/09