Conditions of Hire. Cornish Gems.

Booking Conditions

Please read these booking conditions carefully. All holiday reservation requests (whether via email, telephone or post) are considered to be an acceptance of these conditions.

1. Contract

Cornish Gems Ltd (CG) act as agent for the owner (the Owner) in the letting of their property (the Property) to you, the hirer (You). When You make a booking through CG, You enter into a contract with the Owner.

2. Payment

Bookings made within 4 weeks of your holiday start date must be paid for in full, including any additional charges and the damage deposit. For a booking made more than 4 weeks before your holiday start date, a deposit of one third of the total rental is payable. Upon payment of the deposit and subject to acceptance of the booking, the balance of the rent plus the damage deposit and the cost of any bespoke service requirements must be made on or by the date which is 4 weeks prior to the holiday start date (the Payment Date). CG will inform you of the Payment Date at the time of the booking and remind you by email as the date approaches. If the balance is not paid on or by the Payment Date, You authorise CG to debit the bank card provided for the balance on the Payment Date. If payment of the balance, for whatever reason, is not received by CG on or by 3 weeks before the holiday start date, CG reserve the right to cancel the reservation, to retain the deposit and seek from You payment of the outstanding balance. CG accept all major credit and debit cards except for AMEX. A 2.5% surcharge applies to payment by credit card. Cheques are not accepted as payment. Once CG have communicated the booking to You, a minimum administration fee of £25.00 is payable for all changes to the booking. Any alterations involving re-invoicing will carry a £25.00 fee payable for each alteration made. Requests for a Property transfer will be handled as a cancellation (see paragraph 12).

3. Booking and Availability

You, as the party leader, must be over 18 years old. You acknowledge that CG staff have no authority to vary these booking conditions or any of its printed matter and that You have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these conditions or any of CG printed matter. Whilst the contract is made on the understanding that the Property and its published facilities will be available for the dates stated, all of the properties are subject to availability. In the unlikely event that CG or the Owner has to cancel the booking, CG will, if possible and as soon as reasonably practicable, offer You alternative accommodation of a similar type, standard, location and price. As the alternative property is likely to be owned by a different Owner, the advertised cost of the alternative property will be payable. If the cost is higher, You may be able to claim the price difference from the original Owner. If the cost is lower and You have already paid the full amount for the holiday, You will receive a refund of the price difference. If you do not wish to accept the alternative property You will receive a full refund of all monies paid to CG but You will have no further claims against CG or the Owner.

4. Sleeping Capacity

The maximum number of people allowed is stated in every description and extra persons cannot be accommodated. You shall not part with possession of the Property or share it, except with members of the party named on the booking form. You shall not use the Property for any commercial purpose. The Owner reserves the right to terminate without notice and without refund for a breach of this condition.

5. Occupation times

The Property shall be available from 5pm on the holiday start date until 10am on the end date. Early check in is available at an additional cost (please ask a member of the team for details). Should You fail to leave the Property by this time, a fee may be incurred which is payable out of the damage deposit (paragraph 8). All keys must be returned to the key safe upon check out otherwise a £50.00 fee will be incurred and deducted from the damage deposit.

6. Pets and Smoking

Where pets are allowed there is an extra charge of between £29.00-£50.00 per booking, depending on the size of the property. In making this service available we are relying on you to keep your pet under strict control at all times. Please bring your own pet basket and do not allow your pet on furniture, in bedrooms or on beds. A pet must not be left unattended in the Property at any time. You will be liable for any damage caused by pets and if the Property is not left sufficiently clean then the cost of extra cleaning will be taken from the damage deposit. CG adopt a strict no smoking policy. Smoking is not acceptable anywhere inside the Property. If this policy is ignored then CG reserve the right to take appropriate action. The use of candles are prohibited as they are a fire hazard.

7. Linen and Equipment

The Property is equipped with bed linen (duvets, sheets, pillowcases), bath and hand towels, oven cloths, tea towels and bath mats (one per bathroom) and all items specified on the Property's inventory. Additional linen and towels can be provided upon request and will incur an additional charge. Linen and blankets for cots are not supplied. You must not take the white towels to the beach. Any items that are missing from the inventory at the end of the holiday shall be charged to You at their RRP and deducted from the damage deposit.

8. Damage, Deposits and Cleanliness

All bookings are accepted on the condition that the Property will be respected, and that You shall be responsible for any breakage and/or damage to the Property and/or its contents. A damage deposit of between £250.00 and £1,000.00 will be held in accordance with our bank card pre-authorisation and will be returned in full within 14 days of departure, provided no loss or damage has incurred and the Property is left in good order. When you pay the balance of your holiday, you will be asked to provide card details to cover the relevant damage deposit for your property. The pre-authorisation of your damage deposit is carried out on the day you check into the property. In the unlikely event you haven't specified which card upon which to pre-authorise the damage deposit we will use the same card for which the balance of your holiday was paid on. The Property shall be checked within 0-5 days of your departure/termination date. In the event of damage as a result of your holiday, we shall report to You within 7 days of departure with a breakdown confirming the deductions we will make from your deposit details to cover; loss, breakage, damage, extra cleaning costs to the Property or its contents. You have a further 7 days after deductions have been made to respond with any relevant queries. There will be a minimum £25.00 charge to dispose of any excess rubbish or recycling left in the Property at termination, which may be deducted from the damage deposit. The information packs provide information regarding where the nearest recycling and refuse centres are in relation to the Property. Your liability for a breach of this condition is not limited to the damage deposit. Where properties have a BBQ, we expect guests to clean this after use. If the BBQ is not left clean and our team have to clean this on the changeover then we reserve the right to deduct £50 from your damage deposit.

9. Access

The Owner or his representatives shall be allowed access to the Property at any reasonable time during any holiday occupancy.

10. Possession of the Property

CG or the Owner may cancel the booking and take back possession of the Property and its contents if they reasonably believe that You are in breach of a material booking condition or that damage is likely to be caused, has been caused or is being caused by You or any members of your party. This will be treated as a cancellation by You and no refund of any monies paid in respect of the booking will be made. CG and the Owner shall not have any liability for any losses suffered as a consequence of the cancellation.

11. Vehicles and Personal Belongings/Lost property

CG and the Owner do not accept any liability in relation to any damage to, or loss of, your personal property and belongings except where the damage or loss is caused by the negligence of CG or the Owner. It is your responsibility to ensure that you have adequate holiday insurance cover. Lost property will be held for 14 days and then handed to a local charity shop or a recycling centre unless we have been contacted by You with proof of ownership.

12. Building works

We are unable to provide advance warning of nearby building works to properties as in the vast majority of cases we are never advised when and where they will occur. However advance warning will be provided where possible (in the event we are aware of such works in the first instance) if works may potentially compromise safety, access and the view from the front of the property.

13. Cancellations

To cancel your booking, You must telephone CG on the number shown on your booking confirmation as soon as the reason for cancellation occurs. You must immediately confirm your cancellation in writing. The day CG receives your written cancellation is the date on which your booking is cancelled. If the written confirmation is received greater than 28 days from the start date of the holiday, then only the deposit shall be retained and any balance held by CG shall be returned to You. If the written confirmation is received by CG 28 days or less from the start date of the holiday, then the full rental payment (if held by CG) shall be retained, or alternatively be payable by You. We strongly recommend that You take out holiday insurance which includes holiday cancellation.

14. Complaints Procedure

Should any complaints arise, please allow us the opportunity to investigate the matter by following these simple steps as soon as is reasonably practicable after the problem arises:
1.You should contact the agent as shown on your booking confirmation as quickly as possible and ask for their assistance to remedy your concern.
2.If this does not resolve the problem, You should contact our head office on 0844 800 2813 immediately, giving full details of your complaint. CG will make every effort to deal with your complaint quickly and efficiently.
In no circumstances will compensation be made for complaints raised after the holiday has ended when the visitor has denied CG and/or the Owner the opportunity of investigating the complaint and endeavouring to put matters right during the holiday. If however You have followed the above steps and remain dissatisfied, You must within 30 days from the date of the end of your holiday put your complaint in writing to the CG head office. CG will thereafter provide assistance in attempting to resolve the complaint between You and CG and/or the Owner.

15. Advertising

Whilst CG make every effort to ensure the accuracy of the information contained in all advertising and other promotional literature, the information and prices may have changed by the time You come to book or there may have been an error. CG reserve the right to amend prices quoted for the Property in any advertising material due to error, omission, or changes in the VAT rate and, to change the payment processing charges. You must check all material details of the Property with CG at the time of booking. CG cannot accept any responsibility or liability for any inaccurate, incomplete or misleading information about the Property or its facilities and/or services, except in the case of negligence by CG. CG will however use its reasonable endeavours to notify You of any changes to or any inaccuracies in any information contained in any advertising material provided to you relating to the Property as soon as reasonably practicable.

16. Liability

CG and the Owner shall have no liability for failure to perform any of its obligations if such failure results from events, circumstances or causes beyond its reasonable control (such as a breakdown of domestic appliances, internet access, plumbing or wiring, exceptional weather conditions, and changes to or the withdrawal of specified amenities or facilities mentioned in CG's advertising literature). CG and the Owner shall have no liability for any death or personal injury unless this results from the negligence of CG or the Owner. As CG acts only as the agent for the Owner, CG accepts no liability for any acts or omissions of the Owner, to include any shortcomings or defects with the Property. CG total liability in respect of any losses arising in relation to the letting of the Property shall not exceed the amount paid by you to CG for the Property.

17. Concierge Services

CG will endeavour to provide any concierge services requested to the best of their ability. CG cannot however guarantee provision of concierge services for last minute deals or holidays booked within 4 weeks of commencement. Prices for concierge services are subject to change. Where the concierge service involves an activity provided by an independent contractor, CG accept no responsibility or liability for any losses or injuries caused by you undertaking the activity. CG shall however endeavor to ensure that the independent contractor has adequate experience. Our service partners are all hand picked and all necessary checks and insurances have been confirmed prior to working with Cornish Gems. Please note the concierge charges quoted are inclusive of a booking fee and VAT.

18.Discounts

Properties included in the discount will be highlighted at discounted online where the weekly price will be visibly reduced. Properties where the discount is not visible are not included in the promotion.

19. Law

These conditions and any dispute or claim arising out or in connection with its subject matter shall be governed by and construed in accordance with the law of England and Wales.

20. Early Bird Saver

The Early Bird Saver only applies to those holidays booked between 1st November 2011 and midnight on 31st January 2012. The Early Bird Saver is not available on short breaks. To qualify for the Early Bird Saver you must sign up to our Cornish Gems newsletter, and remain subscribed for a minimum of 12 months. We reserve the right to vary the contents of the Welcome Pack provided as part of the Early Bird Saver. We also reserve the right to terminate this offer at any time, without notice.