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.

Who are we?

We are Cornish Gems Ltd ("We/Us/Our"), a registered company in England and Wales incorporated under company number 06984313. Our registered office is at Carne House Western Extension, Threemilestone, Truro, Cornwall, TR4 9LD, United Kingdom. We act as an agent for the Owner in the letting of their Property to you, the hirer (“You/Your”). Cornish Gems does not hold any ownership in the properties but acts as an agent for the Owner of the Property. Cornish Gems will upon request, provide the name and address of the Owner of the Property You have booked.

The following Terms will apply to Your stay at a Cornish Gems Property.

  1. Definitions
  2. Our contract with you
  3. Owner's contract with you
  4. Changes to these terms and changes to Bookings
  5. Property specific terms
  6. Your stay and use of the property
  7. Parking, keys and leisure facilities
  8. Price and payment
  9. Good Housekeeping Deposit and Good Housekeeping Waiver
  10. Access and possession
  11. Building works
  12. Health and safety
  13. Concierge services and cancellations
  14. Gift vouchers and special breaks
  15. Out of hours emergencies
  16. Your rights to cancel and our refund policy
  17. Our rights to cancel and our refund policy
  18. Our liability to you
  19. Owners liability to you
  20. Events outside our control
  21. Information about us and how to contact us
  22. How we may use your personal information
  23. Other important terms
  24. HOUSE RULES

Our Terms:

  1. Definitions
    1. When the following words with capital letters are used in these Terms, this is what they will mean:

      Booking: Your request to stay at the Property as made via the booking form on our Website or over the phone;

      Booking Confirmation: our email confirmation of Your Booking after we receive and accept Your Booking;

      Booking Deposit: an amount equal to one third of the total Hire Cost;

      Booking Fee: a non-refundable booking fee of £30 plus VAT payable for every Booking;

      Booking Party: those individuals You have booked the Property for who will stay at the Property as listed in the Booking Confirmation.

      Business Days: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

      Check-inDate: the date (and time) on which the Stay will begin and the Property will be made available to You as agreed in the Booking Confirmation. The check-in time may be varied by us in accordance with our House Rules;

      Departure Date: the date (and time) on which We have agreed in the Booking Confirmation that Your Stay at the Property will end or any later date if we have agreed in writing to an extension of Your Stay. The departure time may be varied by us in accordance with our House Rules;

      Event Outside Our Control: as defined in clause 20 of these Terms;

      Good Housekeeping Deposit: a refundable (subject to the conditions in clause 9 of these Terms) deposit payable to cover breakages, damage to the Property and failure to keep the Property clean, tidy and free of waste as further detailed in clause 9 of these Terms;

      Good Housekeeping Deposit Waiver: a non-refundable deposit payable to cover breakages, damage to the Property and failure to keep the Property clean, tidy and free of waste as further detailed in clause 9 of these Terms;

      Hire Cost: the total cost for Your Stay as indicated in the Booking Confirmation;

      House Rules: additional conditions relating to Your use of the Property, as referred to in clause 2.4;

      Owner: the owner of the Property (or their representative) whose details will be provided to You upon written request for the same;

      Property: the property as defined within the Booking Confirmation;

      Property Description: the description of the Property on our Website;

      Property Specific Terms: any specific terms that apply to the Property You have chosen which if applicable will be provided to You at the time You make Your Booking;

      Terms: the terms and conditions set out in this document;

      Stay: the period of time for which the Property is made available to You as set out in the Booking Confirmation and agreed by Us; and

      Website: our website to be found at https://www.cornishgems.com

    2. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We state otherwise.

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  2. Our contract with you
    1. These are the terms and conditions on which We provide the Booking and the Owner supplies the Property to You for the duration of Your Stay. If You make a Booking on our Website or over the phone then these Terms will apply to such Booking. We act as agent for and on behalf of the Owner to provide the Stay via Your Booking. In making the Booking You understand and accept that We do not hold any ownership in the properties listed on our Website, but act as an agent for the Owner of the Property. We will upon request, provide the name and address of the Owner of the Property You have booked.
    2. In making a Booking You confirm that You are over the age of 18. For last minute booking requests where the proposed Stay is due to start 14 days or less after the date of the Booking we reserve the right to ask for suitable proof of address before confirming the Booking.
    3. Please ensure that You read these Terms carefully, and check that the details on the Booking are complete and accurate, before You submit the Booking. Please also carefully check the Booking Confirmation. These Terms tell You who we are, how we will provide services to You, how You and we may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
    4. Our House Rules are also incorporated into the contract with You and these are available on our Website and may be amended from time to time. Please check our Website for any changes to the House Rules before Your Stay as minor changes may apply from time to time although we aim to keep such changes to a minimum.
    5. The Property is only the property as detailed in the Booking and cannot be changed to another property without Our prior written agreement which can only be given if We have permission of the Owner.
    6. When You submit a Booking to Us, this does not mean We have accepted Your Booking. Our acceptance of the Booking will take place as described in clause 2.7. If We are unable to supply You with the Property for Your requested dates, We will inform You of this in writing and We will not process the Booking and no contract will be formed between us.
    7. These Terms will become binding on You and Us when We issue You with a Booking Confirmation and You have paid the Booking Fee and Booking Deposit, at which point a contract will come into existence between You and Us for the Booking and its administration and between You and the Owner for the Stay with us acting as agent for the Owner.
    8. We shall assign a booking reference number to the Booking and inform You of this in the Booking Confirmation. Please quote the booking reference number in all subsequent correspondence with Us relating to the Booking.
    9. Please take reasonable steps to ensure that the Property is suitable for Your needs before submitting a Booking. Please familiarise Yourself with the exact location of the Property using the Google Maps feature provided in the Property Description. Properties displayed under the location headings may be in the vicinity of the location stated and You can then establish distance to local amenities using the Google Maps feature. Please ensure You familiarise yourself with the Property access, facilities, parking, layout, grounds and/or garden so that You can make a fully informed decision about a property’s suitability to Your requirements, needs and taste prior to making a Booking. Please contact Our travel advisors should You require further clarification.
    10. ‘Coming Soon Properties’ - Where a full gallery and description of the Property is unavailable, advance bookings can still be made under these Terms. Our travel advisors will notify You via email within 48 hours of the full description and images going live on the Website. Following this notification, a grace period of 7 days will be offered to guests (who have made a confirmed booking) to make a decision whether or not to proceed with the Booking. Guests are required to confirm via email that they wish to proceed in accordance with these Terms, if not, the Booking will be cancelled and a full refund of any payments made will be provided.
    11. Whilst we keep our illustrations, photographs and other imagery as up to date as possible, any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change. Whilst We make every effort to ensure the accuracy of the information contained in our 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. We 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 Us at the time of submitting a Booking. We 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 Us. We will however use 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.
    12. Any information regarding the local area and activities that may be shown in our literature or on our Website are outside our control and are not supplied by us. Whilst we endeavour to keep this information up to date we cannot guarantee that it is accurate.
    13. You acknowledge that Our staff have no authority to vary these Terms 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 Terms.

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  3. Owner’s contract with you
    1. Once Your Booking has been confirmed, the Owner agrees to provide Your Stay in accordance with these Terms and Your contract for the Stay will be with the Owner with us acting as agent in accordance with these Terms.

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  4. Changes to these terms & changes to bookings
    1. We may revise these Terms from time to time if required due to changes in the law or regulatory requirements or if business need dictates it. If We have to revise these Terms pursuant to this clause 4.1, we will give You at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 16 if You do not accept these changes.
    2. You may request a change to a Booking by contacting Us. We cannot guarantee we can accommodate Your request and whether any changes to the Booking are accepted will be decided by Us or the Owner in our sole discretion. If You request a change that results in a change to the Hire Cost, We will notify You of the amended price in writing and will ask you to confirm Your acceptance of the new price in writing. If You do not wish to accept the amended price then the Booking shall remain as originally placed. Any alterations to Your Booking which require us to issue a new invoice will result in an additional administration charge of £25 plus VAT.
    3. If You wish to cancel a Booking before the Check-in Date, please see Your right to do so in clause 16.

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  5. Property specific terms
    1. Access to the Property is subject to Your adherence to any Property Specific Terms, where provided.
    2. Any Property Specific Terms provided to You upon Booking, shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles Us or the Owner to cancel the contract.
    3. If there is any conflict between these Terms and the Property Specific Terms, the Property Specific Terms shall prevail.

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  6. Your stay and use of the property
    1. The Owner will supply the Stay to You for the period set out in the Booking Confirmation.
    2. As the person making the Booking You are responsible for ensuring all members of Your Booking Party comply with these Terms. The maximum number of people who can stay in the Property is set out in the Property Description (subject to any government restrictions) and You warrant that You will not at any time during Your Stay exceed that number or exceed any government restrictions applicable at the time of the Stay. You must not part with possession of the Property or share it, except with members of the Booking Party.
    3. Business or commercial use of the Property is strictly prohibited and the Property can only be used by You, the Booking Party and any permitted guests as temporary holiday accommodation. These Terms do not create a relationship of landlord and tenant between Us and You or between the Owner and You. You acknowledge and accept that You shall not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure either during the Stay or when Your agreed Stay ends. You should not use the Property for any illegal purpose. We / the Owner reserve the right to terminate the contract without notice for any breach of this clause and no refunds will be provided if Your Stay is ended early.
    4. We will confirm Your Check-in Date and Departure Date in the Booking Confirmation and You are required to arrive and depart from the Property at these times (unless You notify us otherwise and we agree the same in writing in advance). The Property will not be available outside of the times specified in the agreed Check-in Date or Departure Date. Early check-in is available at an additional cost for some properties (please ask a member of the team for details). Failure to vacate the Property and remove Your belongings by the date and time specified in the Departure Date will result in You being charged a further day’s proportionate cost at the prevailing tariff for the Property into which Your occupation extends. If in exceptional cases We or the Owner, in our sole discretion agree to extend a Stay beyond the agreed Departure Date payment for the additional days is required in full at the date the extension is confirmed. If payment is not received then You will be required to leave the Property at the previously agreed Departure Date.
    5. Please note that we may have to change the Check-in Date and Departure Date times due to Events Outside our Control for example if extra cleaning is required due to an epidemic, pandemic or other infectious disease outbreak. Where this is applicable we will aim to provide You with as much notice as we can of this and we appreciate Your understanding in this regard. Please see clause 20 of these Terms for Our responsibilities when an Event Outside Our Control happens for further information.
    6. If You do not pay Us for the Stay when You are supposed to, access to the Property will not be permitted. This does not affect Our right to charge You interest at the rate of 8% per year on the amount outstanding.
    7. Pets are only permitted if specified in the Property Description and in accordance with the House Rules and additional charges may apply and these will be notified to You in advance of the Booking. You will be liable for any damage caused by pets and if the Property is not left sufficiently clean and all animal waste removed then the cost of extra cleaning will be taken from the Good Housekeeping Deposit if covered or an additional charge applied. Failure to comply with this clause 6.7 and the House Rules may result in the Owner and/or Us asking You to provide alternative stay for Your animal for the remaining duration of Your Stay, or in extreme circumstances the Owner reserves the right to terminate Your Stay early without notice and without refund for a breach of this clause. If a pet is brought to the Property without prior approval from Us, then We reserve the right to increase the amount of the additional charges normally payable for pets which may include the cost of cancelling all or part of any subsequent bookings of the Property as the result of your breach of this clause 6.7. Where the Property Description states pets are not permitted in the Property, neither the Owner nor Us give any warranty or undertaking to You or any member of the Booking Party that the Property is suitable for sufferers of pet related allergies.
    8. Smoking, vaping and illegal drug use are strictly prohibited at the Property or in the grounds. Where it is apparent that You or a member of Your Booking Party has smoked, vaped or taken illegal drugs at the Property, We may charge You for any additional costs we incur including costs for cleaning the Property and including liability for the cost of cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable. We reserve the right to ask any guest found breaching this clause to leave the Property immediately and no refunds will be provided for Your Stay ending early.
    9. Broadband internet access is offered in some properties. Where a Property has broadband, this is provided on the basis that it is provided for recreational use and not for business use and on the condition that neither We or the Owner can guarantee availability, minimum speed, unrestricted bandwidth or uninterrupted provision of internet access. We / the Owner accept no liability for telephone or internet services not being available or failing.
    10. You should familiarise yourself with the House Rules which provide further important details regarding bed linen, cots, high chairs and other facilities that may be provided. You must take proper care of the Property and its contents (including without limitation any furnishings, kitchen equipment, crockery, glasses, bedding and towels) and keep them clean during Your Stay otherwise You may lose all or part of Your Good Housekeeping Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at the Check-in Date.

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  7. Parking, keys and Leisure facilities
    1. You and Your Booking Party must park only in the designated parking areas, if provided, and not cause any obstruction to occupants of neighbouring properties. Parking may not always be directly outside Your chosen property. If the Property has the benefit of an on-street parking permit or any other form of parking permit You will be responsible for any fines imposed for failure to display the permit as directed by Us. Vehicles are parked and left at the Property entirely at Your own risk.
    2. We will issue You with one set of keys to the Property and You are not permitted to get keys copied. All keys must be returned to the relevant property key safe on the Departure Date as directed by Us. If You lose a set of keys, We will deduct the cost of the replacement from Your Good Housekeeping Deposit or Good Housekeeping Waiver.
    3. If a parking permit, key or fob for lifts, parking bollards, gates and/or garages is issued to You, You must return these as directed. Failure to return them on the Departure Date will result in a fee of £50 being charged to You.
    4. All leisure facilities indicated in the Property Description including swimming pools, hot tubs and boats are subject to availability and We / the Owner cannot guarantee these will be available for Your Stay. No refunds or discounts will be provided to You in the unlikely event these facilities are not available for Your Stay due to government restrictions or guidance preventing their usage. You must follow the House Rules when using such facilities and failure to do so will be a breach of these Terms.

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  8. Price and payment
    1. The Hire Cost will be set out at the time You place Your Booking and in the Booking Confirmation. A Booking Fee is charged on every Booking and must be paid when You make Your Booking to secure the Property. This is non-refundable if You change Your mind and cancel the Booking but will be refunded if we are unable to provide the Property to You for any reason.
    2. We may offer special offers and/or discounted rates from time to time which will be subject to availability. Such offers and discounts cannot be applied to existing Bookings. Properties included in any discounts will be highlighted online where the weekly price will be visibly reduced. Properties where the discount is not visible are not included in the promotion.
    3. All payments must be made in the currency as shown in the Booking and may be made by debit card, credit card, or bank transfer. Cheques are not accepted as payment. Bank transfers must be in cleared funds by the deadlines for payment as set out in these Terms. Any bank or transfer charges shall be borne by You.

      In order to secure Your Booking You must pay a Booking Deposit (for Bookings made prior to 4 weeks before the Check-in Date) at the time You place Your Booking or the full amount payable for the Stay, including any additional charges and the Good Housekeeping Deposit or Good Housekeeping Waiver (please see clause 9 for more information on the Good Housekeeping Deposit and Good Housekeeping Waiver) for Bookings made within 4 weeks of Your Check-in Date. The Booking Deposit is one third of the Hire Cost. From time to time we may offer a ”Gems Early Pay” promotion. Where this is available it will be indicated on the Website or you will be informed of this option when you book by phone. Where available this enables you to opt to pay a £100 non-refundable holding deposit (including the Booking Fee) at the time of Booking to secure any full priced week long stay for the following year. You will then have two months from the date of making the Booking to pay the balance of the Booking Deposit so it equates to one third of the Hire Cost.

      Upon payment of the Booking Deposit and subject to acceptance of the Booking, the balance for the Stay plus the Good Housekeeping Deposit or Housekeeping Waiver and the cost of any bespoke service requirements must be made on or by the date which is 4 weeks prior to the Check-in Date (the “Final Payment Date”). We will inform You of the Final 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 Final Payment Date, You authorise us to debit the bank card provided for the balance on the Final Payment Date. If payment of the balance, for whatever reason, is not received by Us on or by 3 weeks before Check-in Date We reserve the right to cancel the Booking, retain the Booking Fee and the Booking Deposit and seek from You payment of the balance of the Hire Cost.
    4. All prices are inclusive VAT where applicable. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We reserve the right to adjust the rate of VAT that You pay, unless You have already paid for the Stay in full before the change in the rate of VAT takes effect.
    5. If You do not make any payment due to Us by the due date for payment, We may cancel Your Stay and terminate this contract. In these circumstances, Your rights to a refund are set out in clause 16.

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  9. Good housekeeping Deposit and Good Housekeeping Waiver
    1. On booking the Property and when paying Your final balance You will have the option to either pay a Good Housekeeping Deposit or a Good Housekeeping Waiver. The Good Housekeeping Deposit is a deposit of either £250.00, £500.00, £1,000.00 or £2,000.00 depending on the property You have booked and we will inform You of the applicable amount at the time of Booking whether by phone or via the Website. This is a pre-authorised amount which will be held on Your card from the day before Check-in Date. The Good Housekeeping Waiver is a non-refundable payment which covers You for damages up to five times the Good Housekeeping Waiver paid - the amount will depend on the property You are booking but will be notified to You in the Booking Confirmation.
    2. The option to choose either the Good Housekeeping Deposit or Good Housekeeping Waiver will be given to You at time of booking and must be finalised prior to the settling of the final balance of the Hire Cost in accordance with these Terms. Access to the Property will not be granted without either payment of the Good Housekeeping Waiver or a successful pre-authorisation of the Good Housekeeping Deposit funds.
    3. If You have chosen to pay the Good Housekeeping Deposit then the day before Your Check-in Date We will pre-authorise Your nominated card for the Good Housekeeping Deposit amount. This pre-authorised amount will be held on the payment card used for settling the balance of the payment for Your Stay. Should You wish to use an alternative card, then You will have the opportunity to provide card details when paying the balance for Your Stay, either online or over the phone (please note You can use a credit card for this). Please be aware the pre-authorisation will not show as a transaction on Your statement as the amount is simply held and will be released in full within 14 days of Your Departure Date, provided no loss or damage has been incurred and the Property is left in good order.
    4. The Property shall be checked following Your Departure Date. We shall report to You in writing within 7 days of Your Departure Date, with details of the damages/loss incurred and/or additional cleaning costs with an indication of any possible deductions along with photographic evidence (where applicable). You will have 5 Business Days to respond with any queries. During this period of investigation, We will debit the full Good Housekeeping Deposit amount from Your card. Once investigations are complete, We will confirm final deductions and refund any monies owed to You within 48 hours. Please note We reserve the right to charge an administration fee for the processing of any damage claims.
    5. Where You have chosen to pay the Good Housekeeping Waiver, the Good Housekeeping Deposit is not payable. The Good Housekeeping Waiver covers You for costs to rectify damage or loss up to five times the Good Housekeeping Waiver (including vat) value. The Good Housekeeping Waiver is non-refundable even if no damage is made to the Property. The maximum Good Housekeeping Waiver fee payable for any property shall not exceed £300 (incl. VAT). For example, the Good Housekeeping Waiver covers accidental damage repair and extra cleaning costs of up to £200 where a £40 Good Housekeeping Waiver (inclusive of vat) has been paid, up to £400 where a £80 Good Housekeeping Waiver (inclusive of vat) has been paid, up to £750 where a £150 Good Housekeeping Waiver (inclusive of vat) has been paid and up to £1500 where a £300 Good Housekeeping Waiver (inclusive of vat) has been paid. You will be liable for the balance of any costs to rectify any damage or loss above the total covered by the Good Housekeeping Waiver as well as liable for any damages / losses not covered by the Good Housekeeping Waiver (i.e. damage / loss caused by negligence). You will pay such excess to Us within 14 days of being notified of the excess. You will be advised of any costs actioned against the Good Housekeeping Waiver. The Good Housekeeping Waiver does not cover loss or damage caused by negligence.
    6. Reasonable charges will be applied against the Good Housekeeping Deposit or Good Housekeeping Waiver for miscellaneous repairs and/or replacements and additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled, otherwise than by usual wear and tear, during the Stay by You or other members of Your Booking Party. In the event of a Property providing a barbecue, these must be left clean and failure to do so will lead to cleaning costs being applied to the Good Housekeeping Deposit or Good Housekeeping Waiver.
    7. Criminal or wilful damage will not be covered by either the Good Housekeeping Waiver or Good Housekeeping Deposit.
    8. We, or the Owner, reserve the right to seek to recover further reasonable costs if the Good Housekeeping Deposit or Good Housekeeping Waiver cover total is insufficient to repair or replace any damage caused to the Property or its contents during Your Stay. In this instance We will upon request, provide the Owner of the property You have booked with Your name, email address, home address and phone number.

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  10. Access and Possession
    1. You or Your Booking Party must allow the Owner and/or Us access to the Property, grounds and gardens at all reasonable times and in the case of emergency at all times with or without You or Your Booking Party being present to enable maintenance work to be carried out, allow visits to enable the Owner and/or Us to comply with all relevant statutory requirements and the requirement of all regulatory bodies to which the Owner and/or We belong relating to the Property. The Owner, its representatives and any third party contractors including but not limited to gardeners, window cleaners and hot tub engineers shall be allowed access to the Property, grounds and gardens at any reasonable time during Your Stay.
    2. You or Your Booking Party must not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises. We 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 condition of these Terms or that damage is likely to be caused, has been caused or is being caused by You or any members of Your Booking 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. We and the Owner shall not have any liability for any losses suffered as a consequence of the cancellation.

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  11. Building works
    1. We are unable to provide advance warning of nearby building works 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 made aware of such works in the first instance) if works may potentially compromise safety, access and the view from the front of the Property.

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  12. Health and Safety
    1. For Your safety, it is important that You read and adhere to the important information provided within the Property. This information includes; Fire Safety Notices and evacuation procedures as well as information regarding the use of facilities such as hot tubs and swimming pools. Appliance instruction manuals should be provided by property Owners (within the Property) along with any additional troubleshooting information where Owners deem necessary. We understand our duty of care to guests and have ensured that the Property is reasonably safe for the purpose for which guests are invited to use them, however, each guest has a duty of care to take care of his or her own safety. We cannot be held responsible for a customer's own negligence so please ensure You use the Property and the facilities safely and responsibly.

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  13. Concierge services and cancelations
    1. Concierge services / hampers may be provided by Us subject to availability. We cannot guarantee provision of concierge services for last minute deals or Stays booked within 4 weeks of the Check-in Date. Prices for concierge services are subject to change. For properties where We are only the bookings and marketing agent and don't manage the housekeeping, We reserves the right to add a delivery charge for all hampers/veg boxes etc. ordered. Where the concierge service involves an activity provided by an independent contractor, We accept no responsibility or liability for any losses or injuries caused by You undertaking the activity. We shall however endeavour 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 Us instructing them.
    2. Please note that any welcome packs for managed properties contain dairy, gluten and may contain traces of nuts - please inform the office if You have any allergies and the item will be removed from Your pack. No alternatives will be offered. Please see the House Rules for further details.
    3. Due to commitments made with third party suppliers, We are not able to refund monies to You after deposits and/or full balances have been paid for concierge service(s). To cancel Your concierge booking, You must telephone Us on the number shown on Your concierge booking confirmation as soon as the reason for cancellation occurs. You must immediately confirm Your cancellation in writing. The day We receive Your written cancellation is the date on which Your concierge service(s) will be cancelled. If the written confirmation is received more than 28 days before the Check-in Date, then only the deposit shall be retained and any balance held by Us shall be returned to You. If the written confirmation is received by Us 28 days or less before the Check-in Date, then the full payment for concierge service (if held by Us) shall be retained, or alternatively be payable by You. We strongly recommend that You take out holiday insurance which includes cancellation of holiday "extras".

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  14. Gift vouchers and special breaks
    1. Vouchers can be redeemed towards any stay at any of our properties and are valid for 24 months from the date shown on the voucher. Any outstanding voucher balance cannot be exchanged for cash. Copies of vouchers will not be accepted. Vouchers cannot be redeemed against a current booking that's been made prior to the date shown on the vouchers.

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  15. Out Of Hours Emergencies
    1. Please see the House Rules for details of out of hours support and refer to Your property welcome letter for relevant contact numbers should an emergency arise. Please call the emergency line for emergencies listed in the House Rules only. Any issue not deemed an emergency will be responded to on the next Business Day by the office team.
    2. It is important that You remember to download ALL Your welcome information prior to the start of Your journey as mobile signal in Cornwall is not always reliable.

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  16. Your rights to cancel and OUR refund Policy
    1. If You have to cancel your booking or are unable to reach us due to adverse weather or other circumstances, please contact us in writing by email or letter with a copy of Your Booking Confirmation as soon as possible and we will confirm the cancellation in writing. We will charge a £30 (including VAT) administration charge if You cancel the Booking at any time prior to the Check-In Date and the Booking Fee paid when you made the Booking will be non-refundable. If We are able to do so We will make a reasonable effort to re-let the Property for the full length of Your original Booking and if successful we will not charge You for the days we have been able to re-let the Property. We do however reserve the right to retain Your Booking Deposit in full or in part to cover our administration costs and the work and costs incurred by us if we have had to carry out additional changeovers and marketing in order to re-let the Property. Our costs for re-marketing a property are likely to be in the region of £75 but we will confirm the costs to be deducted from any balance we can return to you once we have re-let the Property. If you cancel more than 28 days before the Check-in Date and we are unable to re-let the Property, then only the Booking Fee and Deposit shall be retained and any balance held by Us shall be returned to You. If the cancellation is received by Us 28 days or less from the Check-in Date and we are unable to re-let the Property then the full Hire Cost (if already held by Us) shall be retained, or alternatively be payable by You if full payment has not yet been received. We strongly recommend that You take out holiday insurance which includes holiday cancellation.
    2. Where You have cancelled a Booking because of Our failure to comply with these Terms or if We change these Terms under clause 4.1 and You elect to cancel the contract (except where We have been affected by an Event Outside Our Control), You do not have to make any payment to Us and we will refund any payments already made.
    3. Once You have accessed the Property or the Check-In Date has passed (whichever is earlier), You may only cancel the contract for Stay by giving Us written notice if We:
      1. break this contract in any material way;
      2. go into liquidation or a receiver or an administrator is appointed;
      3. change these Terms under clause 4.1 and You elect to cancel the contract; or
      4. are affected by an Event Outside Our Control.
    4. If You depart voluntarily from the Property before the Departure Date, no refund shall be given in respect of any period when you do not occupy the Property.

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  17. Our rights to cancel and our refund Policy
    1. We or the Owner may have to cancel a Booking before the Check-in Date, due to an Event Outside Our Control, the unavailability of the Property or the unavailability of key personnel or key materials without which We cannot provide the Stay. We will promptly contact You if this happens. We will, if possible and as soon as reasonably practicable, offer You alternative accommodation of a similar type, standard, location and price if available. As the alternative property is likely to be owned by a different Owner, the advertised cost of the alternative property will be payable by You. 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 Stay, You will receive a refund of the price difference. If You do not wish to accept the alternative property or another property is not available You will receive a full refund of all monies paid to Us but You will have no further claims against Us or the Owner.
    2. We may cancel the contract for Stay at any time with immediate effect by giving You written notice if You:
      1. do not pay Us when You are supposed to. This does not affect Our right to charge You interest at the rate of 8% per year; or
      2. break the contract in any other material way.
    3. The full extent of Our and the Owner’s liability is as set out in clauses 18 and 19 of these Terms respectively.

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  18. Our liability to you
    1. If We fail to comply with these Terms for the Booking of the Stay, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract. Our responsibilities to You are limited to making the Booking in accordance with Your instructions For the avoidance of doubt, We are not responsible for any transport and/or alternative stay costs and are not responsible for matters pertaining to the state of the Property. As We act only as the agent for the Owner, We accept no liability for any acts or omissions of the Owner, including any shortcomings or defects with the Property. Subject to clause 18.2, Our total liability to You will not exceed the Hire Cost for the relevant Stay.
    2. We do not limit Our liability for;
      1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. any liability it would be unlawful to exclude.
    3. Lost property will be held for a period of 14 days from the Departure Date. Items will be returned to You if requested, at a cost of £10.00 plus postage and packing. We do not accept responsibility for the safe carriage of any items returned which will be returned at Your risk. Items of food and drink will not be returned. We do not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles except where the damage or loss is caused by the negligence of Us or the Owner. It is Your responsibility to ensure that You have adequate holiday insurance cover.
    4. We would strongly recommend You consider taking out a suitable insurance product to cover against unexpected costs such as cancellation charges, curtailment or delay to Your Stay and that such cover includes adverse weather conditions, illness affecting You or any member of Your Booking Party, transportation cancellations and government restrictions which may prevent You from travelling to or staying at the Property.

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  19. Owners liability to you
    1. If the Owner fails to comply with these Terms, they are responsible for loss or damage You suffer that is a foreseeable result of their breach of the Terms or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Owners breach or if they were contemplated by You and the Owner at the time this contract was entered into. For the avoidance of doubt, the Owner is not responsible for any transport and/or alternative stay costs. Subject to clause 19.3, The Owners total liability to you will not exceed the Hire Cost for the relevant Stay.
    2. The Owner only supplies the Property for holiday use. You agree not to use the Property for any commercial, business or resale purpose, and the Owner has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. The Owner does not limit its liability to You for;
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any liability it would be unlawful to exclude.
    4. The Owner does not have any responsibility or liability to You (other than as outlined above) for loss of or damage to any of Your items, belongings or vehicles, howsoever caused.

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  20. Events outside our control
    1. We and the Owner shall not be in breach of these Terms, nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from an Event Outside Our Control. If the Owner is unable to provide the Property to You due to an Event Outside Our Control, we will inform You as soon as possible and offer You either:
      1. a full refund of the Booking Deposit (and the balance if already paid); or
      2. move your booking, either later in the year or the following year for the same Property, subject to availability.
    2. An Event Outside Our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance breakdown, temporary invasion of pests or utilities failure or interruption.
    3. If changes to Your Booking are required due to a Event Outside Our Control we will not charge the usual administration fee to amend that Booking.
    4. If You are unable to reach the Property due to bad weather or Your visit to the Property is delayed this will be treated as a cancellation by You and the cancellation policy in clause 16 will apply. We recommend You take out holiday insurance for this eventuality.

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  21. Information about us and how to contact us
    1. If You have any questions or if You have any complaints, please contact Us. Please see the House Rules for our Complaint Procedure.
    2. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by email on enquiries@cornishgems.com We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail to the address You provide to Us in the Booking.

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  22. How we may use your personal information
    1. We will use the personal information You provide to Us to:
      1. provide the Stay;
      2. process Your payment for Your Stay;
      3. comply with government requirements; and
      4. inform You about similar products or services that We provide. You may stop receiving these at any time by contacting Us.
    2. Please note all calls (inbound and outbound) may be recorded for the following reasons;
      1. To provide staff training, assisting in personal development, helping us to improve the quality of our customer services and to ensure the information we provide is consistent and accurate;
      2. To ensure we have an accurate record of the call where a customer transaction takes place;
      3. To assist in establishing the facts in the event of dispute or complaint made by a customer; and
      4. To protect Our staff from abusive behaviour.
    3. All data You provide to us will be treated in accordance with our Privacy Policy which can be found here: https://www.cornishgems.com/information/privacy-policy.html

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  23. Other important terms
    1. We may transfer Our rights and obligations under these Terms to another individual, but this will not affect Your rights or Our obligations under these Terms.
    2. You acknowledge that the Owner may enforce any and all of the Terms of this agreement against You.
    3. Except for You, Us and the Owner, no other person shall have any rights to enforce any of these Terms. No-one other than such individuals as are listed in the Booking Confirmation may enjoy the Stay.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If We or the Owner fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
    6. These Terms replace and supersede all previous booking conditions and will apply to all new Bookings after the date they are posted on our Website.
    7. These Terms are governed by English law. All parties agree to submit to the exclusive jurisdiction of the English courts in the event of a dispute.

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  24. HOUSE RULES
    1. View the Cornish Gems House Rules

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5 November 2020

Previous Booking Terms and Conditions are available here