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Bookings: Terms and Conditions for Helsbury Park

Updated 01/10/2013

1. The Law and Your Rights

a. These conditions alone shall govern and be incorporated in every Contract for the lease of holiday property owned or managed by Lavender Dog Ltd (hereinafter referred to as the Company). References to 'the Company' mean Lavender Dog Ltd., its employees and nominated representatives (providing they were at the time acting in the course of their employment). References to 'you' and 'your' mean the person making the booking (the 'party leader') and all members of the holiday rental party who have been accepted by the company. These conditions set out the basis of your contract with the company. Nothing in these Conditions affects your normal statutory rights.

b. All disputes shall be settled in accordance with the laws of England and any dispute between the parties will be subject to English laws. The parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or connected with this contract.

c. Any proceedings arising out of this contract shall be brought in any competent jurisdiction in Cornwall.

d. These booking conditions will apply to all confirmed bookings. These booking conditions supersede any previous conditions.

e. The statutory rights of the person who deals as a consumer (as defined by Section 12 of the Unfair Contract Terms Act 1977) relating to mis-described or defective goods or services are not reduced by these conditions and information and assistance regarding statutory rights for consumers are available from Trading Standards Departments or Citizens Advice Bureau. The tenancy is a holiday tenancy pursuant to Section 9 part 1 of the First Schedule Housing Act 1988.

2. Your Booking

a. That the hiring contract shall be between you and the company. The party leader must be at least 21 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Company for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. The Company accepts no responsibility for personal injury to you or loss or damage to your property or other matters over which it has no control. You must take all necessary steps to safeguard your property and ensure your personal safety.

b. If you wish to reserve one of the properties for the purposes of a holiday, we recommend that you telephone first to check availability. Please then complete the enclosed booking form in full and return it to us with a cheque for the booking deposit of 33% of the total cost of renting the property you wish to reserve. In the event of your booking being sent within 8 weeks of commencement of the holiday the full amount of the holiday must be sent.

c. By completing and returning the booking form no Contract exists between you and the Company. If the accommodation is available when we receive the booking form and we accept the booking we'll send you confirmation of the acceptance of your booking and the Contract will be concluded between you and the Company when the acceptance is posted to you. Once a booking has been confirmed in writing the deposit is non-refundable. When you receive your confirmation, the details must be checked carefully. If anything is incorrect, you should notify the company immediately.

d. The balance of the rental is due 8 weeks before the commencement of the holiday. No further invoice will be sent to you and you must make this payment in good time. Failure to make the payment on time may result in cancellation of the holiday and forfeit of the deposit. All prices quoted on the web site or otherwise advised to you include all booking fees, charges and Value Added Tax (VAT). Should the VAT rate increase or any additional taxes or levies be introduced that increase the price of your holiday you may be required to pay the extra amount. If you pay by credit card or PayPal the company will make a charge of up to 5% to for each payment made this way to recover the credit card company's charges to the Company. If any payment by you is not honoured for any reason whatsoever, the Company is entitled to make an administration charge of 25.

e. Every effort is made in compiling the web site as to accuracy. Facilities may be altered or withdrawn for reasons outside the control of the Company in which case no responsibility can be accepted. Any minor discrepancies between text, photograph and illustrations on the web site and the actual property may arise and must be accepted by you. Any additional information given by Lavender Dog Ltd or its staff over the telephone shall not amount to representations on behalf of the Company

3. Cancellation

a. In the event that you cancel the holiday once the contract has been completed, the following procedure will apply:
1. Up to two calendar months before the start date of the holiday, 33% of the total cost of the holiday (i.e. the deposit) is non-refundable.
2. Once the balance is due (two calendar months prior to start date) and up to one calendar month prior to the start date of the holiday, we will refund 50% of the total cost of the holiday when and IF we relet the property provided the balance has been paid on time.
3. If a cancellation is made after the balance becomes due the whole or part of the balance will still be payable depending on our ability to relet the property.
4. If a cancellation is made one calendar month or less before the start date of the holiday, the full cost of the holiday is forfeit.

Note: We will provide a cancellation invoice on request so that you can claim on your holiday insurance.

b. Your occupation of the holiday accommodation will be on the terms contained in this document under the heading Terms of Hire.

c. The Company does not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Company will contact the party leader (by telephone or email where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. If you do not want to accept a significant change or any alternative property offered or the Company cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to the Company. No compensation, expenses costs or other sums of any description (including the cost of securing alternative accommodation) will be payable in any circumstances.

4. Complaints Procedure

a. Should any cause for complaint arise, it must be reported to the local contact or key holder immediately and to the Company who must be given the opportunity to rectify the situation.

b. Should this fail however, or you are still dissatisfied, you should telephone details of your complaint to the Company within 48 hours of the start of your holiday or of the problem arising on 01326 573808 (an answering machine will take messages out of hours).

c. Written details of your complaint must be received by the Company within 7 days of the end of your holiday, who will investigate your complaint.

d. This complaints procedure must be strictly adhered to. No inspection of the property will be made when other holidaymakers are in residence.

e. No refund of the rental fee will be made in full or part if you have continued to occupy the property after notifying the company of your complaint.

5. Force Majeure

a. Except where otherwise expressly stated in these conditions, the Company shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for the Company's failure to perform any of its obligations to you which is due to any events or circumstances beyond its control. By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause and all similar situations. In appropriate cases the Company will refund to you all monies paid by you to the Company for your booking.

6. The Terms of Hire, you will:

a. Not do or suffer to be done on the premises anything which may be or become a nuisance or annoyance to the Landlord or to the tenants or occupiers of the adjoining premises or may vitiate any insurance of the premises against fire or otherwise or increase the ordinary premium thereon and not make any alteration in or to the premises.

b. Use the premises and the furniture, fixtures and effects in a tenant like manner and not remove any of the said furniture and effects from the premises and leave the said furniture and effects at the end of the holiday in the rooms or places which they were at the beginning of the holiday.

c. Not swim in the pond or river or allow any member of your party to do so (dogs are allowed).

d. Not use the premises or any part thereof for any other purpose than that of a private holiday residence and not assign underlet charge or part with the possession of the premises or any part thereof or of the said furniture fixtures or effects or any of them.

e. Keep the garden tidy and in good order. Any fouling of gardens or pathways, is to be removed prior to departure, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.

f. Yield up the premises at the end of the tenancy with all the said furniture fixtures and effects in the same clean state and condition as they were at the beginning of the tenancy and make good pay for the repair of or replace all such articles of the said furniture fixtures and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and tear excepted).

g. Pay for the cleaning of all counterpanes, sofa covers, curtains, rugs and carpets which have been soiled during the tenancy (reasonable use thereof nevertheless to be allowed for). An additional flat charge of 50 will be made if any such soft furnishings require additional cleaning.

h. Pay all charges made for the use of the telephone (if any) on the premises during the tenancy or a proper proportion of the amount of such charges to be assessed according to the duration of the tenancy.

i. Ensure the holiday property is securely locked when not occupied during the holiday let.

j. Keep pets, where allowed, under strict and proper control at all times, especially with regard to conditions 6e-g inclusive. Pets are not to be left alone at any time in or near the property unless in a kennel or crate. Animal hairs to be removed from carpets and furniture prior to departure. Pets are not allowed in bedrooms or on furniture. Any fouling of gardens, yards or lanes is to be removed prior to departure, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.

k. Allow Lavender Dog Ltd and its representatives access to the accommodation at any reasonable time during any holiday occupancy.

l. Accept that in rural locations people have to earn a living and often keep long hours and also accept the smells and noises associated with the countryside and farm life.

m. Limit the number of occupants to the number stipulated on the Helsbury Park web site and the party to those detailed on the booking form. Lavender Dog Ltd reserves the right to refuse admittance to the holiday property if this condition is not observed.

n. Acknowledge that your occupation of these premises under this Agreement is required for your holiday ONLY and you undertake to vacate the premises at the expiration of the tenancy to enable Lavender Dog Ltd to meet its obligations under other Agreements made or to be made for the seasonal holiday lettings and/or to reoccupy the premises.

o. If you or any member of your party fails to comply with these terms or if the company or its representative has cause to reasonably believe that damage is likely to be caused, has been caused or is being caused by you or any member of your party, the company is entitled at its sole and absolute discretion to refuse to hand over to you or to repossess the property (which includes the fixtures, fittings, furnishings and decorations). These circumstances will be treated as a cancellation by you. No refund of any monies you have made in respect of your booking will be made and nor will the Company have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as costs incurred by your needing to secure alternative accommodation). In this situation the company is under no obligation to find you any alternative accommodation.

7. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.


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