Terms & Conditions for booking The Milk House
PLEASE READ THESE TERMS AND CONDITIONS CARFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT BELOW.
1. The contract for a short-term holiday rental of The Milk House at Trebarvah Barn, Trebarvah Lane, Perranuthnoe, Cornwall, UK, TR209NG
The Milk House is booked on the understanding that the accommodation is for holiday use for the dates booked only and that no right to remain in the accommodation exists for the Guest or anyone in the Guest’s party.
The contract for a short-term holiday rental will be between the owner of The Milk House (referred to as “us” or “we”) and the person making the booking and all members of the holiday party (referred to as “you” or “your”) in the following booking conditions. The law of England and Wales will govern the Contract. Any reference to ‘The Property’ refers to The Milk House, together with its outside parking area and garden.
The Milk House has one large bedroom, and the maximum number of people it can accommodate is two (a couple). Should a couple wish to bring a young infant and cot, they should contact us in advance. Only those guests listed on the official booking form may occupy the property and use its facilities. Any changes in guest names and numbers must be advised prior to commencement of the holiday. In no circumstances may the maximum number of guests stated on booking be exceeded.
The contract of hire is effective once we have received your booking form and deposit. The party leader must be at least 21 years of age at the time of the booking, and the booking form must list names, and addresses of the people staying at The Milk House. The contract will be subject to these booking conditions, all of which must be complied with.
2. Duration and Times of Lettings
The Milk House is booked on the understanding that the accommodation is for holiday use for the dates booked only and that no right to remain in the accommodation exists for the Guest or anyone in the Guest’s party. You should arrive after 3pm on the commencement date, and leave by 10am on the day of departure. Failure to do so will result in you being charged a further day of rental. Unless otherwise agreed, prior to your holiday, weekly bookings are Sunday to Sunday.
You must only use the Property for the purpose of a holiday and not for any other purpose. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tennant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
3. Booking Procedure
All applications to book holidays in The Milk House must be submitted by you to us using our standard Booking Form. The Booking Form must be fully completed by you and must be accompanied by payment of the booking fee by cheque or bank transfer. The amount of the booking fee shall be as follows:
i. a cleared cheque or bank transfer more than 4 weeks before the commencement of the requested holiday letting period: 25% of the full amount payable in respect of the letting; or
ii. a cleared cheque or bank transfer less than 4 weeks before the commencement of the requested holiday period: the full amount payable in respect of the whole of the letting period.
In the event that we decline an application, the booking fee will be refunded to you. In the event that an application is accepted, the booking fee will be retained by us and treated as a payment on account of the amount payable in respect of the letting.
4. Acceptance of an Application
The contract between us and you for the short-term holiday use letting of the property shall arise upon us giving written confirmation to you of acceptance of your application, and once we have obtained cleared funds as outlined in the Booking Procedure. We reserve the right to refuse any booking.
The Milk House bookings are confirmed by the issue of a receipt. The booking has not been accepted until this receipt is issued. It is the responsibility of the guests to check that the written confirmation is correct.
The full amount of the payment for the fee for the letting shall be paid on the ‘due date’. The ‘due date’ for full payment is up to and including the fourth week before the commencement of the requested holiday letting period. The full amount payable is the amount specified on this site for the letting period, plus £100 refundable damage deposit. The booking fee contributes to the full payment. Payments may be made by cheque (UK only), or bank transfer (details supplied on request). Cheques should be payable to Sophie van der Meeren and must have cleared four weeks prior to the requested holiday letting period. Post-dated cheques are not acceptable. Any overseas bookings, please make payments in Pounds Sterling.
6. Damage Deposit:
Bookings of The Milk House require a damage deposit of £100. You will be required to make this payment by either cheque or bank transfer on the ‘due date’. This sum will be held by us as security towards your liability for any damage or additional expenses incurred by your stay.
The £100 damage deposit will be refunded to you (without interest) in full within 7 days of your departure or the end of the holiday period reserved by you (whichever is the latest), provided:
(a) No damage, breakage or loss to the building, furniture, fittings, equipment or décor has occurred.
(b) The property has been left in a clean and tidy condition and does not incur excessive cleaning charges.
(c) The front door key has been returned to us
(d) No additional people have been found to be staying at the property
In the event that you or anyone visiting you at the property during your reservation period causes damage or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during your reservation period, you will be notified in writing of the details of any extra costs incurred within 7 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit and /or additional payment will be required by you.
Any damage or loss is fully chargeable to the you and is not limited to the £100 damage deposit.
The Owner is not registered for VAT and the rental charges are therefore not subject to VAT.
8. Failure to pay
Non-payment of the sum payable under clauses 3, 5 and 6 by the due date may be treated as a cancellation of your booking and we will be entitled to re-let the property without reference to the client. The terms as to cancellation in clause 9 apply.
Any request to cancel a booking must be made in writing to us. In the event of you cancelling your booking at The Milk House more than 4 weeks before commencement, you forfeit only your booking deposit, which is 25% of the rental fee. If you cancel your holiday with us within the 4 weeks prior to commencement of your holiday, you will forfeit the full cost of the holiday. If you have paid the £100 Damage Deposit, this will however be refunded to you in full.
In the event of a cancellation every effort will be made by us to re-let The Milk House and, if successful, we will refund you the monies paid, less the booking fee and cost of administrative expenses in handling your booking and re-letting the property.
You shall remain liable for all the payments due in respect of your booking reservation whether or not they have been paid at the time of the cancellation. You are advised to take out holiday cancellation insurance to cover this eventuality.
10. Non-availability of The Milk House:
In the unlikely event that the property is not available as booked, the owner will refund all monies received, but is under no additional liability.
We reserve the right to amend the price quoted on the website, brochure or rates sheet, due to errors or omissions. In such circumstances, we will contact you as soon as we become aware of an increase in charges. If you do not wish to pay the increase, you shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation, providing your notice of cancellation is received by us within 7 days of us informing you of the amendment to the price.
12. Occupancy and Use of Property
Under no circumstances may more than the maximum number of persons stated on the web site occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities of The Milk House, unless prior written consent has been obtained by us. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage.
The Owner reserves the right to reasonably access the property during the period of hire, with prior notice whenever possible.
13. Fire Risk
When the wood burner is lit, the door must be closed at all times. You must make sure that the fire is extinguished before going to bed or leaving the property. Never leave the fire unattended. To maintain the efficient operation of the wood burner and flue pipe, please only use seasoned wood, do not burn any other materials. The use of candles inside or outside The Milk House is strictly prohibited. Turn off all electrical appliances before going to bed and close all doors.
For the comfort of all of our guests, smoking is not permitted inside The Milk House. If evidence of smoking is detected we reserve the right to terminate your holiday immediately and will levy a charge for additional cleaning.
For the comfort of all of our guests, pets are not permitted inside The Milk House.
If you wish to allow you or your visitors pets in to the grounds of The Milk House you must seek our permission in advance. If we agree to allow the pet in to the grounds of The Milk House, you agree that you will never leave any pet unattended and will ensure that pets behave in such a manner as not to disrupt the enjoyment of other people staying in the vicinity, or to prejudice the reputation of the owner of the property, and that you will not allow any pet to foul the area.
16. Care of the Property and Respect of Neighbours
You are responsible for the property during your holiday period and are expected to take all reasonable care of all furniture, equipment, pictures, linen, fittings and effects in or on the property. You must leave them in the same state of repair, and must leave the property in the same clean and tidy condition at the end of the rental period as at the beginning. Guests should satisfy themselves that everything is present and in working order at the beginning of their holiday. Reference may be made to the inventory provided. Any omissions or damage should be reported to the owner at the start of your holiday.
You shall not (nor allow others to) cause any damage to the exterior, structure or any part of the Property or adjoining property. You shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and shall not (nor allow others to) remove any of the items from the Property.
Guests must report to the owner, any loss, damage or breakage that occurs during their stay.
You shall not (nor allow others to) use the properties for any dangerous, offensive, noxious, noisy or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. We request that noise be kept to a minimum between the hours of 10.30pm and 9am.
The Milk House must be left secure, when you are out.
Bed linen is provided and beds made up for your arrival. Bathroom towels, Hand towels and Bath Mats are provided. Linen must not be removed from The Milk House. Guests will need to bring their own beach towels.
18. Information on Local Attractions
Good care has been exercised to provide accurate information in The Milk House about local attractions and facilities, however these things are liable to change and are outside the Owner’s control.
All complaints must be reported to the Owner immediately so that an on-the-spot investigation can be made, if necessary, and remedial action taken where required. In no circumstances will compensation be made for complaints raised after the holiday has ended, when the Owner has been denied the opportunity of investigating the complaint and endeavouring to put matters right during the holiday.
We confirm that all furniture and furnishings provided in The Milk House comply with the relevant fire safety regulations and that all electrical appliances and equipment provided have been checked and are safe to use.
You agree that the use of equipment provided by us is at your (or any third party residing in the property during the period of your reservation) risk. You confirm that any additional equipment that you bring will not cause damage to The Milk House, or disturbance to those living nearby. You must immediately report to us any disrepair or defect in respect of all equipment at The Milk House.
You must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
You must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
We shall take out suitable building insurance cover for the Property, fixtures and fittings against loss or damage by fire and any other risks we decide to insure against, with an insurance office of repute.
You must not do anything, or fail to comply with any requirement outlined in these Terms and Conditions, as a result of which our policy of insurance for the Property and fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
You are strongly advised to take out your own holiday insurance to cover you.
This condition sets out our financial liability (including any liability for the acts or omissions of employees, agents, consultants and subcontractors) to you in respect of any breach of this agreement; any use made by you or any third party residing or making use of the property during your period of reservation and any representation, statement, act or omission (including negligence) arising under or in connection with this agreement.
Guests are totally responsible for their personal property and belongings. The Owner accepts no responsibility or liability whatsoever for any damage, breakage or loss to any personal property brought onto the premises nor any injury sustained to any person.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of us for death or personal injury resulting from negligence or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal
property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of your reservation under the conditions of this agreement.
Any vehicle of yours or any third party making use of the property during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle.
23. Force Majeure
In these terms and conditions “Force Majeure” means any circumstances beyond our reasonable control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason of Force Majeure the property is not available at the commencement of the time booked by you or the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be liable for any other claim for loss or damage by you.
24. Security and Privacy
We will ensure that:
1. Personal data is only used for the legitimate interests of The Milk House and does not unduly prejudice the rights and freedoms of the individual in question.
2. Personal data will be processed fairly and lawfully in accordance with the Data Protection Act, and will not be used for publicity or marketing purposes.
25. Confirmation and Responsibilities
You confirm that you are authorised to sign the booking form on behalf of all persons who will occupy
the property and that those persons are aware of the booking conditions. You shall be a member of the party occupying the property and are required to ensure that:
A. Each member of the party on whose behalf you have submitted the Booking Form is listed on the
booking form with his or her full name and age;
B. Each member of the party is aware of and will comply with these Terms and Conditions and all rules and regulations published by ourselves in respect of the use and occupation of The Milk House
C. The number of persons within the party shall not exceed the maximum number of 2 persons permitted to occupy the property (provision may be provided for infants)
D. You shall use the property solely for the purpose of a private holiday residence and not for any other purpose whatsoever and must not use the Property or any part of it for any improper or illegal purposes.
26. Breach of Contract
Any breach of the provisions outlined in these Terms and Conditions will constitute a breach of contract, thereupon we may terminate the booking forthwith, in which event all moneys paid by you will be forfeited and you may be required to vacate the property. If there is a breach of any of these conditions, the owner reserves the right to re-enter the property and terminate the holiday without prejudice to the other rights and remedies of the owner.
27. Authority to Sign
The person who makes the online booking or who signs the booking form certifies that he/she is authorised to agree to these Terms and Conditions of Booking on behalf of all persons included on the booking form, including those substituted or added at a later date. The signatory must be a member of the party intending to occupy the property and must be over the age of 21 years.
Please note that the information available on this web site or at The Milk House may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with us before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on this web site that you accept that we will not be liable for any action you take in reliance on the information on this web site.
The contents of the pages on this web site have copyright by The Milk House. The copying or incorporation into any other work of part or all of the material available on this web site in any form is prohibited save that you may: download extracts of the material on the site for your personal use; or: copy the material on the site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
Please be forewarned that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected program. Whilst The Milk House has taken steps to ensure that the pages on this web site are free from infection, such is the nature of the Internet that no assurance can be given. It is a condition of us allowing you free access to the internet that The Milk House will not be liable for any loss or damage suffered by any person or any third party using the internet at The Milk House, nor by use of this web site which results in the transmission of a computer virus.
(a) In the event of any conflict between these Terms and Conditions and any other contents of any brochure or website, these conditions shall prevail.
(b) These Terms and Conditions and the contract between you and us shall be subject to and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear any claim arising from such contract.
(c) Words herein denoting the masculine gender shall, where the context so admits be taken to include the feminine and neuter genders and vice versa.
(d) Words herein denoting the singular shall, where the context so admits be taken to include the plural and vice versa.