Guest Booking Terms and Conditions

GUEST BOOKING TERMS AND CONDITIONS

ESCAPE TO ST.IVES LIMITED, with an office at: Unit 1, Wheal Virgin House, Consols, St Ives, Cornwall, TR26 2HW, herein referred to as ‘ETSI’ or ‘We’ or ‘Our’, have created these Guest Booking Terms and Conditions to govern the relationship between ETSI, as agents of the owner (‘Homeowner’) of the holiday property (‘Property’) and You, herein referred to as the ‘Guest’ or ‘You’ or ‘Your’ . When You book a Property through ETSI, you enter in to a legally binding and enforceable Agreement (‘Agreement’) with ETSI who acts as agent on behalf of the Homeowner. These Guest Booking Terms and Conditions incorporate the relevant Booking Notice, the Website Terms of Use, the ETSI Privacy Policy and the ETSI Cookie Policy by this reference and as set out at www.escapetostives.co.uk.

 

IT IS HEREBY AGREED as follows:

1        DEFINITIONS & INTERPRETATION

The definitions to be read with these Guest Booking Terms and Conditions are set out in full at Clause 16.

THE BOOKING

2.1       The Homeowner has appointed and authorised ETSI to act as its agent in relation to the Services during the Term.

2.2      All bookings are SUBJECT TO AVAILABILITY AND THESE GUEST BOOKING TERMS AND CONDITIONS and must come via an online completed Booking Form. Upon receipt of the completed Booking Form and Booking Deposit, or Booking Fee as applicable, ETSI will despatch an invoice and Booking Notice confirming all the Booking details and where applicable, any details regarding the Balance Payment.  Once the Booking Notice is sent, a legally valid and enforceable Agreement will exist between ETSI on behalf of the Homeowner and You. Where You are more than one person then all of the obligations and liabilities of those persons to ETSI hereunder shall be joint and several.  Each Guest must read the Property Description on the Site carefully and ensure that they agree with and understand the Guest Booking Terms and Conditions, the Website Terms of Use, the ETSI Privacy Policy and the ETSI Cookie Policy before proceeding to use the Site and/ or the Services or authorising You to act on their behalf.

2.3      The Guest making the Booking must be twenty-three (23) years of age or more at the time of Booking and will be responsible for the Property and for ensuring that all of the members of their party fully observe these Guest Booking Terms and Conditions

2.4      Bookings to non-family groups such as (a) single sex parties in excess of two (2) persons; and, (b) groups of single persons under the age of twenty-one (21) are only allowed with the express agreement of ETSI.

2.5      Upon making the Booking online and upon receipt of the Booking Notice, it is Your responsibility to check all the details carefully and to notify ETSI of any errors within seven (7) days as mistakes cannot always be rectified, or immediately if there are two (2) Weeks or less to run before the start date of the Holiday Period.

 

GUEST FEES: FEES PAYABLE BY YOU

• • Accidental Damage Protection: All Bookings are accepted on the condition that the Property is left clean and tidy and all breakages or any damage will be paid for by the person who made the Booking. ETSI shall be entitled to charge you an Accidental Damage Protection of thirty-five pounds (£35.00) for each Booking. All Bookings are subject to receipt of this Accidental Damage Protection by the due date. The Accidental Damage Protection should be paid at the same time as the Deposit Payment where applicable.  If there is any underpayment, ETSI will notify You of this and send an invoice to You which shall be payable within fourteen (14) days of the date on the invoice.
  • Booking Deposit: Where the Booking is made eight (8) Weeks or more prior to the start date of the Holiday Period, ETSI shall be entitled to charge You a Booking Deposit which is a sum equal to twenty-five percent (25%) of the Booking Value payable no later than eight (8) Weeks prior to the first day of the Holiday Period to secure the Booking as set out in the Booking Notice. The Booking will be deemed ‘provisional’ until the monies have cleared in the bank account (‘ETSI Client Account’).
  • Balance Payment: Where the Booking is made eight (8) Weeks or more prior to the start date of the Holiday Period and ETSI has charged You a Booking Deposit in accordance with clause 3.2, ETSI shall be entitled to charge You the remaining Balance Payment due constituting the remaining seventy-five percent (75%) of the Booking Value. The Balance Payment will become due and payable no later than eight (8) Weeks prior to the first day of the Holiday Period.
  • Booking Value: Where the Booking is made less than eight (8) Weeks prior to the start date of the Holiday Period, ETSI shall be entitled to charge You the Booking Value in one full payment in order to confirm the Booking.
  • Booking Fee: Regardless of when the Booking is made, ETSI shall be entitled to charge You a Booking Processing Fee of the sum of forty five (£45) pounds at the time of Booking.
  • Optional Extra Fees: Where one or more Optional Extras are rented from ETSI, ETSI shall be entitled to charge Optional Extra Fees for such items at the time of payment of the Balance Payment.
  • ETSI shall be under NO OBLIGATION to remind Guests to make the payments of Guest Fees on behalf of the Homeowner. Failure to make payment in accordance with these Guest Booking Terms and Conditions will result in the loss of the entire Booking and the Booking Deposit will be forfeited immediately.
  • Where VAT is payable, it shall be charged at ETSI’s then applicable rate (if any).

FEES PROCESSING

4.1     All Guest Fees payable by You shall be paid in accordance with this clause.

4.2      The Homeowner authorises ETSI to charge and collect any and all of the Fees.  The Homeowner authorises ETSI to accept any debit cards or other forms of payment approved by ETSI in connection with the Bookings. All payments of Guest Fees whether from the UK or oversees must be made in UK currency. Guests from overseas are permitted to pay by international bank transfer. Any international transfer to an overseas bank account will incur an Administration Fee of twenty five pounds (£25.00) which shall be deducted by ETSI prior to making the transfer.

• 3 ETSI shall be entitled to charge You for any charges levied against ETSI in relation to the handling of dishonoured cheques, bank transfers, or any other payment method (‘Unauthorised Charges’). You shall be solely liable to reimburse ETSI (or the Homeowner direct upon ETSI’s instruction) for any and all Unauthorised Charges which ETSI are entitled to deduct from the Damage Deposit.
• 4 If You fail to make any payment due under this Agreement by the due date for payment, the other shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of Barclays Bank.

 

PROPERTY DETAILS

5.1       Although ETSI shall make reasonable efforts to reflect the Property advertised in a true and honest light and procure that the information provided by the Homeowner is conveyed accurately across all advertising material on all media at the time of broadcasting and/or printing, errors can occur e.g. a facility may no longer be available. Please check and confirm all Property details with ETSI upon making the Booking and ETSI will in turn check the same with the Homeowner. ETSI will use reasonable endeavours to notify You of any changes to or inaccuracies in any advertising information as soon as is reasonably practicable.

5.2      Each Property contains a Property Information Folder with details about the Property and the surrounding area.  It also contains important information about Your Emergency Contact.

5.3      The Property shall be available for the Holiday Period as set out in the Booking Notice.

CANCELLATIONS OR CHANGES BY YOU

• • 1 If You need to cancel the Booking in whole or in part, ETSI MUST receive Written Notice of such cancellation from You which can be by email. Depending on the date that the notice of cancellation is received by ETSI, the following cancellation charges will apply. If the notice of cancellation is received by ETSI:
• eight (8) Weeks or more prior to the start date of the Holiday Period, then You will suffer the loss of the Booking Deposit; or
• less than eight (8) Weeks prior to the start date of the Holiday Period, then You will suffer the loss of the Booking Value i.e. any Booking Deposit and Balance Payment.

6.2      ETSI will use reasonable endeavours to re-let the property for the cancelled Holiday Period but this cannot always be guaranteed. If ETSI receives a Booking for the Property, ETSI will be entitled to refund the difference between the new Booking Value paid for the Property for the same Holiday Period (which might be at a reduced price) less the Booking Deposit to the Guest in accordance with clause 6.1 (a). An Administration Fee of twenty-five pounds (£25.00) shall also be payable. In order to secure a new booking, it may be necessary to negotiate a discount which shall be at ETSI’s discretion.

6.3      If the Guest needs to change their Booking, a significant change such as the change of Property or Holiday Period may be treated as a cancellation of the Booking and clause 6.1 will apply in full. Subject to availability and capacity of the Property, any minor or insignificant changes to a Booking will incur a twenty five pound (£25.00) Administration Fee.

CANCELLATIONS OR CHANGES BY ETSI

7.1      ETSI reserves the right to cancel the Booking at the request of ETSI and/ or the Homeowner due to circumstances beyond ETSI and/ or the Homeowner’s control (or where it is suspected that a Booking has been made fraudulently). In the unlikely event that ETSI need to cancel the Booking, ETSI shall provide Written Notice to You on behalf of the Homeowner (which may be by email) as soon as is reasonably practicable and promptly refund any Fee in full. Payment will be either by cheque, bank transfer or we will credit the card used to make the original payment.

7.2      For any significant changes to Your Booking, ETSI shall provide Written Notice to You on behalf of the Homeowner as soon as is reasonably practicable and inform You of the change and give You the option to reconfirm Your Booking or cancel Your Booking. If the change is not acceptable to You, ETSI will promptly refund any Guest Fee in full as in clause 6.1. Under these circumstances and whenever possible, ETSI may be able to offer You an alternative, similar property. If You elect to take the alternative property from ETSI acting on behalf of a new Homeowner, the new cost of the alternative property shall become due and payable in accordance with its terms. In the unlikely event that You fail to notify ETSI that You wish to accept any change or alternative property or if ETSI are unable to contact You, ETSI is entitled to assume You wish to cancel your Booking and You shall receive a full refund.

7.3      You will NOT be entitled to a full (or partial) refund of any Guest Fee in respect of only minor or insignificant changes to Your Booking. A minor change will be assessed by ETSI on the grounds of ‘reasonableness’.

PETS

No pets other than dogs are allowed in some properties at a minimum weekly surcharge of twenty pounds (£20.00) per pet. You are liable for any extra cleaning costs, replacement or repairs which shall be deducted from the Damage Deposit.  Dogs must remain on the ground floor and are not permitted on to any furnishings. Please bring your own dog basket and clear and clean up any pet mess. Dogs are to be kept under control at all times and must not be left alone in the Property. Neither ETSI nor the Homeowner can accept responsibility for your dog’s safety.

GUEST OBLIGATIONS

• • You understand and agree that:
    • all payments must be paid as they fall due in accordance with these Guest Booking Terms and Conditions;
    • You must not cause an annoyance or become a nuisance to occupants of the neighbouring properties;
    • there is a strict NO SMOKING policy at all times. If there is a smell of smoke on changeover this may result in an excess cleaning and additional charges;
    • You must not cause a disturbance to occupiers of the surrounding properties;
    • You must take care of and respect the Property as best as possible and leave it in a tidy and clean condition upon departure. A cleaning service is not provided during the Holiday Period unless otherwise specified;
    • You must permit access to the Property for Homeowners and ETSI at all reasonable times for inspection or repair. If it is an emergency, immediate access will be required at ETSI’s discretion;
    • a cot may only be occupied by a child aged 24 months or less;
    • failure to arrive on the start date of the Holiday Period with no notice of delay or misadventure will not result in any refund of the Booking Fee in part or in whole;
    • Your failure to leave the Property by 9.00 am on the final day means that an Overstay Fee may be incurred;
    • failure to return all keys means that forty pounds (£40.00) per Key Fee will be incurred. All keys must be returned to the key safe (or via alternative pre-agreed location);
    • no persons other than those Guests named on the Booking Form and Booking Notice can stay at the Property. The maximum number of persons permitted to stay in the Property during the Holiday Period is clearly stated in each Property Description and any extra persons are not permitted to stay in the Property;
    • unless with the express written consent of the Homeowner, the Property cannot be used for commercial purpose including sub-letting;
    • where Wifi is supplied, You agree to comply with all current legislation regarding the use of Wifi and the Internet. ETSI and the Homeowners accept no liability for the loss or damage to Your possessions or data nor for unavailability of the Wifi or internet connection;
    • where car parking is provided, You must only use the allocated space. If in doubt of the size of the space, You should check with ETSI before booking. Guests should check with ETSI before placing the Booking. ETSI or Homeowner accept no liability for additional costs incurred if an alternative space is required or if Your vehicle is damaged;
    • You are responsible for ensuring that Your chosen Property is right for Your needs and that any specific needs and/or requirements have been raised with ETSI within a reasonable time PRIOR to the start day of the Holiday Period;
    • the Booking is inclusive of all linen and towels, gas, electricity and Wifi, where stated.
    • You have been advised to obtain and maintain cancellation insurance to protect against unforeseen incidents such as cancellation, accident or breakdown during the Holiday Period;
    • by submitting a request for the Services to ETSI via the online method or otherwise, You are warranting that Your personal details as contained in the same are genuine and correct and relate to You

ETSI on behalf of the Homeowner reserves the right to terminate the Booking (and eject you from the Property) forthwith without refund or other compensation if you are in breach of any of your obligations in this clause. You confirm that You will be liable for any loss or damage caused as a result of a breach of this clause 9.

 

WARRANTIES AND INDEMNITIES

• • You hereby warrant, represent and undertake to ETSI that this Agreement has been duly authorised by You and constitutes the valid, legal and binding Agreement of You, enforceable in accordance with its terms and that You will comply with all applicable laws in connection with Your obligations under this Agreement
  • You shall indemnify and hold harmless ETSI and the Homeowner on demand, and shall keep ETSI and the Homeowner fully and effectively indemnified against any and all Losses imposed on, incurred by or asserted against ETSI and the Homeowner, arising out of or in connection with:
    • any breach of this Agreement or breach of warranty by You or the acts or omissions of You (other than and to the extent that any Losses arise directly from breach of these Guest Booking Terms and Conditions by ETSI or ETSI’s negligence); and
    • any failure of You to comply with Your obligations in Clauses 9, 4.3 and 8.

LIMITATION OF LIABILITY

• • Subject to clause 11.6, ETSI and the Homeowner shall not be liable to you for any special, indirect or consequential loss or damage or any loss (whether direct or indirect) of profit, anticipated profits, business, data, opportunity, revenue, goodwill or reputation including in respect of damage to, or loss of, your personal property or vehicles before, during or after the Holiday Period unless such damage or loss is caused by the negligence of ETSI or the Homeowner or that of any employee of ETSI or the Homeowner acting in the course of their employment at the time the alleged damage or loss occurred. Please note that forgotten items will be returned to Guests wherever possible on receipt of pre-paid postage and packaging costs.
  • Subject to clause 11.6, ETSI cannot accept any liability to you for any inaccurate, incomplete or misleading information about any Property and/ or its facilities provided to ETSI by the Homeowner.
  • In the event that a Booking is cancelled or changed in accordance with clause 7, neither the Homeowner nor ETSI shall be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and alternative accommodation which have been arranged by you are at Your own risk.
  • Subject to clause 11.6, ETSI and the Homeowner cannot accept any liability to You for any matters or circumstances beyond their control including noise, nuisance or disturbance from neighbours or other persons, local events, building works in the surrounding area, any disruption of service from utility suppliers, closure of local shops or amenities. Where ETSI have been put on notice of any of the above, ETSI will use reasonable endeavours to provide advance warning to you.
  • Subject to clause 11.6, the Homeowner or ETSI’s total maximum liability in aggregate arising under or in connection with these Guest Booking Terms and Conditions, whether in Agreement, tort (including negligence), breach of statutory duty or otherwise shall not exceed, in respect of your Booking for the Property during the Holiday Period, an amount equivalent to the Commission paid to ETSI in respect of the relevant Booking.
  • Nothing in this clause 11 shall however exclude or restrict the Homeowner or ETSI’s liability for (i) fraudulent misrepresentations, (ii) any liability where the law does not permit such exclusion of liability, and (iii) death or personal injury arising from negligence.
  • You acknowledge that ETSI’s Services under this Agreement are limited to serving as an agent of the Homeowner in relation to the Property being made available for Bookings through ETSI and as agent to the Homeowner, ETSI shall not be in breach of any of its obligations under this Agreement which arise or occur due to the act, omission, default of the Homeowner or anyone representing, or employed by, the Homeowner.
  • Except as expressly set out in this Agreement, ETSI gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
  • ETSI shall not be in breach of any of its obligations under this Agreement which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Agreement.

GENERAL DATA PROTECTION REGULATION AND CONFIDENTIALITY

In respect of any personal data (as defined in the Data Protection Act 2018 (the ‘2018 Act’)) processed by ETSI pursuant to these Guest Booking Terms and Conditions, these Guest Booking Terms and Conditions incorporates the ETSI Privacy Policy and the ETSI Cookie Policy by this reference.

COMPLAINTS

Every effort is made to provide You with a pleasurable and unforgettable holiday. If You wish to make a complaint, it is vital that You make contact with ETSI immediately by telephoning 01736 796198 (and in any event within the Holiday Period) and express the concerns You have so that an on the spot investigation, or remedial work can be undertaken as soon as possible in order to resolve the issue/s.  In no circumstances will compensation be made for complaints made after the last day of the Holiday Period. If you vacate the Property prematurely because you are dissatisfied with something or if You decide to make a complaint outside of the Holiday Period, under no circumstances will communications regarding the complaint be entered in to. ETSI or the Homeowner will have no liability in respect of any complaint made outside of the Holiday Period.

GENERAL

Enforceability:  If any one or more of the provisions of this Agreement should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired and the parties shall amend this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.

Assignment:  This Agreement shall be binding on and inure to the benefit of each of the parties and their respective successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement (in whole or in part) without the prior written consent of ETSI which shall not be unreasonably withheld or delayed. ETSI shall be entitled to assign or sub‑contract any of its rights or obligations under this Agreement in whole or in part.

Status of Guest: You are a consumer and ETSI is a business and no other relationship is intended.

Variations:  Save as expressly provided in this Agreement, no variation to, or notice or consent under this Agreement shall be effective unless it is in writing and signed by an authorised signatory of each party.  A waiver by any party of any of the terms or conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof.  No waiver of any right shall constitute a waiver of any other right or be effective unless made in writing and signed by an authorised signatory of the party making the waiver. No person other than a director of ETSI is an authorised signatory of ETSI for these purposes.

Entire Agreement: This Agreement (which includes by reference the Booking Notice) constitutes the entire Agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior agreements, arrangements and understandings relating to the matters provided for herein. You and ETSI acknowledge that they have not relied on any oral or written representations made by the other party or the other party’s representatives in entering into this Agreement and subject to clause 11.6 herein, each party irrevocably and unconditionally waives any right it may have to rescind the Agreement or claim damages for misrepresentation, whether innocent or negligent, or breach of any warranty not contained in this Agreement or implied by operation of law.

Remedies Not Exclusive:  The rights and remedies of the parties set out in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Force Majeure: If either party is unable to perform any obligation under this Agreement due to a Force Majeure Event, that party’s failure to perform that obligation shall not constitute a breach or default under this Agreement. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event.

GOVERNING LAW & JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement.

DEFINITIONS & INTERPRETATION

In this Agreement (except where the context otherwise requires) the following words shall have the following meanings:

2018 Act: refers to the Data Protection Act 2018

Accidental Damage Protection: a one off premium paid to protect against damage or loss suffered to the Property by You during a Holiday Period.

Administration Fee: a non-refundable fee payable on the instigation of a change to a Booking by a Guest as set out in clauses 4.2 and 6 of these terms.

Balance Payment: the Booking Value less the Booking Deposit, representing seventy-five percent (75%) of the Booking Value.

Booking: any confirmed Agency Booking through ETSI to stay in a Property during the Holiday Period.

Booking Deposit: the Booking Value less the Balance Payment representing twenty-five percent (25%) of the Booking Fee payable in advance as set out in the Booking Notice.

Booking Value: the entire fees payable for a Booking in relation to a Property i.e. the Property Deposit, the Balance Payment excluding the standalone Booking Processing Fee.

Booking Form: the form required to be completed by You to check availability of the Property for the chosen Holiday Period.

Booking Notice: means the notice sent to You by ETSI upon receipt of the Booking Form and Booking Deposit (or Booking Fee) to confirm the Booking as a legally binding Agreement.

Booking Processing Fee: the forty five (£45) fee payable to ETSI for processing the Booking.

Holiday Period: the time during which the Booking is to take place e.g. from 1600 hours on day of arrival to 1000 hours on day of departure.

Commencement Date: as set out in the Booking Notice.

Commission: the amount paid to ETSI by the Homeowner in consideration of performing the Services.

Confidential Information: all information which is imparted or obtained under or in connection with this Agreement on, before or after the Commencement Date in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the personal affairs of the contracting party, including the terms of this Agreement.

Emergency Contact: as set out in the Booking Notice and in the Property Information Folder.

Force Majeure Event: any happening or event beyond the control of the party concerned fire including any act of God, act of terrorism, riot, labour dispute, power or telecommunications failure.

Guest: a person who makes and confirms a Booking and pays the Guest Fees where applicable in order to rent the Property for the Holiday Period. In these Guest Booking Terms and Conditions, reference to ‘Guest’ is a reference to one or more person or persons singularly or jointly.

Guest Fees: any one or all of the following – the Accidental Damage Protection, Booking Deposit, Balance Payment, Booking Value, Booking Processing Fees, Optional Extra Fees and Administration Fees where and as applicable.

Homeowner: the owner of the Property.

Key Fee: a per key charge upon failure by a Guest to return a key in accordance with your obligations.

Losses: claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.

Optional Extras: include but are not limited to the following where the Property does not come with these as default i.e. travel cot; travel cot linen; high chair; stair gate; baby bath; microwave steriliser; bed guard.

Optional Extra Fees: refers to those fees charged for Optional Extras.

Overstay Fee: a charge issued upon failure to vacate the Property in accordance with Your obligations.

Payment Processing Fee: a non-refundable fee for debit card payment processing as set out in clause 4.2.

Property: as set out in the Booking Notice.

Property Description: as set out on the Site.

Property Information Folder: contains important information peculiar to the Property and is located at the Property.

Services: any one or all of the following in relation to the Property – marketing, booking management and any other service that might be provided to You from time to time.

Site: www.escapetostives.co.uk

Week: a calendar week running for a period of seven (7) days.

Written Notice: means any notice or other communication given to a party under or in connection with the Booking or potential Booking (except in relation to the service of proceedings) which shall be in writing and shall be sent by email to the email addresses for each party as provided on the Site (ETSI) or on the Booking Form (Guest) or such alternative email addresses confirmed in writing by each party to the other and such communication shall be deemed received by 9.00am the next business day after transmission.