TERMS AND CONDITIONS
1 - DEFINITIONS
“Newquay Bay Holidays” is the trading style of Camel Estate Agents Ltd, the “Agents”.
“The Owner” means the owner of the property let by the Agent.
“The Client” means the person making the booking and, where appropriate, includes the members of his party.
“The Property” and “The Accommodation” mean the house, cottage, bungalow or flat let to the Client.
2 – BOOKINGS
Bookings will only be accepted on receipt of the Agent’s properly completed booking form and a deposit of one-third of the total amount payable in respect of the booking as shown on the booking form (excluding the Security Deposit). If a booking is made less than eight weeks before the start of the holiday the full amount must be paid at the time of booking (plus the Security Deposit where applicable).
3 – PAYMENT OF BALANCE
(a) The date on which the balance is payable will be sent out in the booking confirmation, but, in any event, must be paid to the Agent not later than eight weeks before the holiday is due to commence (“the due date”).
(b) The deposit will be accepted in part payment of the total payable in respect of the booking. If the balance of the total payable is not paid in full by the due date, the Agent shall be entitled to cancel the booking without notice to the Client and without incurring any liability to the Client in respect of any loss or damage following such cancellation. The cancellation will be deemed to have been made by the Client and the provisions of Clause 5 shall apply in such case.
4 – CREDIT CARD PAYMENTS
A 2.5% surcharge is payable on all credit card payments (not debit cards).
5 – CANCELLATION
(a) In the event of cancellation of the booking by the Client the total payable in respect of the holiday (excluding the Security Deposit) will be non-refundable, unless the Agent is able to re-let the accommodation for the relevant period (or any part of it) the Agent will refund to the Client a pro-rata amount.
(b) Whilst all bookings are accepted in good faith, in the extremely unlikely event of any occurrence making it necessary for the Agent to cancel the booking, the Agent’s liability shall be limited to the immediate return in full of all monies, paid by the client in respect of the booking. Wherever possible, however, alternative accommodation will be offered.
(c) Although cancellations cannot be unavoidable we recommend that you take out a holiday cancellation insurance. We can refer you to an independent broker. The Agent must be notified in writing of all cancellations.
6 – SECURITY DEPOSIT
A Security Deposit is payable to the Agent and this is cashed prior to the holiday and held by the Agent on the Owner’s behalf to cover losses, damage and additional cleaning charges if the Property is left in an unsatisfactory condition. Charges for extra services provided by the Owner such as the provision of groceries, fuel etc. may also be deducted from the Deposit if not settled locally before the end of the holiday.
This deposit, less any charges, will normally be refunded within fourteen days of the end of the tenancy except in those cases where an estimate has to be obtained for the cost of repairs or replacement.
The Client is liable for the full amount of any damage and the Client’s liability is not limited to the amount of the Security Deposit.
Any dispute about the deduction from the Security Deposit must be taken up with the Owner direct.
7 – BOOKING FEE
For each booking made there is a £20.00 booking fee.
8 – OCCUPANCY
Occupancy commences after 4pm (unless specifically stated otherwise or by prior arrangement) on the commencement date of the holiday and terminates at 10am on the termination date of the holiday. 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
9 – LINEN
Bed linen is included in the price, and all beds will be made up on arrival. Towels (not beach towels) are included in most properties.
10 – PETS
Domestic pets are only allowed in specified properties. In properties where pets are permitted they are not allowed into the bedrooms or onto the furniture. At the end of your stay please remove all traces of pets from the property and garden. “No pets” in a property description may not guarantee that pets have never occupied the property.
11 – THE TENANCY
(a) The Property will be available to the Client and members of his party only and shall be used solely for the purpose of a holiday within the meaning of Section 9 of The Rent Act. 1977.
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(b) In no circumstances may the period booked be exceeded unless written permission has been given by the Agent and the Client will be liable for additional charges in respect of such extension.
(c) The total number of people shall not exceed the number stated on the booking form unless notified to the Agent in writing before the commencement of the holiday and in any event shall not exceed the number stated in the Property description.
12 – DISCLAIMER
All properties are used at your own risk. Special care must be taken by Clients at properties where there is a swimming pool, elevated terrace or balconies which are used at your own risk. Parents should ensure that their children are supervised in such areas at all times.
13 – GENERAL
(a) The client undertakes to keep the Property and furniture, fittings and effects in or at the Property in the same state of repair and conditions as at the commencement of the holiday (reasonable wear and tear excepted), and to leave the Property in a clean and tidy condition at the end of the holiday. If any items are lost or damaged during the holiday, the Client shall be responsible for the cost of replacing with the same or similar or making good such lost or damaged items before the end of the holiday. Any cost to the Owner of replacement or making good will be deducted from the Security Deposit.
(b) The inventory displayed in the property will be deemed to describe the contents of the Property correctly unless discrepancies are reported to the Owner, the Caretaker or the Agent within twenty-four hours of arrival.
(c) The Agent and Owner reserve the right to enter the Property at all reasonable times, with or without workmen, for the purpose of inspection or to carry out any cleaning, repair or maintenance to the Property or equipment.
(d) If the Client has grounds for a complaint about the property they have chosen it must be taken up immediately with the key holder or the Owner. The Agent must be notified so that an investigation can be made if necessary. In no circumstances will compensation be made for complaints raised after the holiday has ended.
(e) The Client shall not cause or allow to be caused any nuisance or annoyance to any occupant of any neighbouring premises and noise should be limited after 11pm. The Agent and the Owner reserve the right to terminate the tenancy immediately if any of the above conditions are not observed.
(f) The Agent is acting as agent for the Owner and the Agent shall have no liability to the Client for any loss or damage caused by any act or omission outside the Agent’s control or otherwise than through their own negligence.
(g) Definitions of the areas in which the Properties are located are intended to be indicating in a general sense only of the area and facilities offered. Both the area and facilities available vary from time to time and sometimes vary on a seasonal basis.
(h) The description of the Property contained was accurate at the time of printing, but features of the Property may be changed by the Owner from time to time. The Owner has agreed with the Agent, however, not to reduce the amount of accommodation available or to reduce its standard.
(i) The Client is authorised by all members of this party to sign the booking form on behalf of them all so that they shall be subject to these Conditions. The Client accepts responsibility for all damage to the Property or any of its contents or the loss of any of the contents during the letting to the client caused by any member of the Clients party or any person entering the Property with the consent of the Client or any member of the Clients party apart from the Owner or any person authorised by the Owner.
(j) This contract shall be deemed to have been made subject to English Law and the jurisdiction of the English Courts.