Booking Conditions – 2011

Cornish Secrets is the trading name of Cornish Secrets Limited. The company is registered in England with Registered number; 0000000 and the Registered Address is; Coach-House, No2 Millbrook, Hatchs Hill, Angarrack, Hayle, Cornwall, TR27 5HY.

1) Cornish Secrets Status
a.) Customers renting property through Cornish Secrets are referred to as "the Guest"
b.) Cornish Secrets does not hold any ownership in the properties but merely acts as an agent for the owners of the property (the "Owner"). The rental arrangements are made by Cornish Secrets on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
c.) Cornish Secrets will upon request, provide the name and address of the Owners of any property which the Guest has booked.

2) Booking's
a.) Bookings can be made via Cornish Secrets website; www.cornish.secrets.co.uk or by Telephone.
b.) All bookings made must be accompanied by a deposit.
c.) Your booking is complete once you have received confirmation from Cornish Secrets in writing (the "Booking Confirmation") and following with Cornish Secrets' receipt of your deposit in cleared funds.

3) Deposit
a.) If a booking is made 8 weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
b.) If a booking is made less than 8 weeks before the Holiday is due to start, the full rent plus any additional charges must be paid at the time of booking.
c.) If Cornish Secrets was not to accept or reject a booking request, the rent and any additional charges paid by the Guest will be refunded immediately.
d.) A refundable Damage Deposit of up to £200.00 per a property shall be payable at the discretion of Cornish Secrets (the "Refundable Damage Deposit") shall be held until the end of the letting when it will be refunded to you, subject to deductions for any damage to the property caused during the letting.

4) Final Payment
a.) Unless otherwise agreed by Cornish Secrets in writing, the price for the Holiday shall be the rent for the property as set out on the Cornish Secrets website; www.cornishsecrets.co.uk at the time of booking.
b.) Subject to condition (6), as soon as the booking is received and accepted by Cornish Secrets, the Guest is liable for payment of the balance of the rent, along with any additional charges.
c.) Payment of the rent and additional charges are payable to Cornish Secrets 8 weeks before the start of the Holiday ("the Due Date") and non-payment by the Due Date may be treated as a cancellation.
d.) If payment is not received by the Due Date, then the Guest will lose their booking and the deposit will be forfeit.
e.) Cornish Secrets will not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.

5.) Changing a Booking
a.) Once a booking has been accepted by Cornish Secrets, the booking can only be changed to another property by treating the original booking as a cancellation (see clause 6 )
b.) If Cornish Secrets agree to change the dates of the Holiday providing the property is available for the new dates and the Owner accepts the change. In this case, a £30 plus VAT re-booking fee is payable to Cornish Secrets.

6.) Cancellation
a.) A booking can only be cancelled prior to the start of the Holiday.
b.) A guest who wishes to cancel the Letting must notify Cornish Secrets in writing ("Cancellation Notice")
c.) Subject to clause 6.d, the full rent is refunded in the event of cancellation due to death, injury, illness, or a summons for Jury Services of any member of the booking party, or close relatives or business associates of the Guests which reasonably prevents the Guest from being able to take up the Letting, "close relatives" shall mean spouse, father, mother, grand-parents, father-in-law, mother-in-law, brother, sister, child, or step-child.
d.) If the Guest wishes to terminate the Holiday under the clause 6.3, then they must provide the Cancellation Notice within 7 days of them becoming aware that they cannot take up the Letting.
e.) In the event of a cancellation there will be a cancellation charge depending on the number of days before the Letting start date.

The amount payable is set out below:
No of days before Letting start date that notification was received
Cancellation Charge (as percentage of the rental cost of the Letting)
0 - 13 days
100%
14 – 27 days
75%
28 – 55 days
60%
56 days or more
Deposit

7.) Price Changes
a.) Cornish Secrets have made all reasonable efforts to accurately describe the property in the information that we publish.
b.) Cornish Secrets cannot accept responsibility for errors contained in the information or any mis-description as a result of inaccurate information given to it by the Owner.
c.) You the Guest acknowledge that minor differences may arise between the information given and the actual property itself.
d.) Cornish Secrets reserve the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate but such changes shall be notified to the Guest as soon as possible.
e.) The Guest shall be at liberty to cancel the booking 12 weeks prior to the holiday start date if the amended price is significantly higher than the original price quoted.

8.) Method of Payment
Payments may be made by telegraphic bank transfer or by Cheque (drawn from a UK bank only). Cheques should be made payable to Cornish Secrets Limited – post dated or undated cheques are not acceptable. All payments must be sent to Cornish Secrets, Coach-House, No2 Millbrook, Hatchs Hill, Angarrack, Hayle, TR27-5HY. Any charges raised against Cornish Secrets by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse Cornish Secrets within 7 days of receipt of notification from Cornish Secrets.

9.) The Letting
The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988). The letting does not confer upon you a short-hold tenancy.

10.) Liability
a.) Subject to 10.c Cornish Secrets will not be liable for any act, neglect or default on the part of the Owners or any other person not within their employment or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the Guest or any other person may have suffered or incurarising out of, or in any way connected with the rental, unless Cornish Secrets is responsible. In addition the Owners and Cornish Secrets accept no liability for loss of or damage to the Guests possessions on the Owners property or Land.
b.) Cornish Secrets accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,
c.) Nothing in these conditions excludes or limits the liability of Cornish Secrets or the Owner:
1.) for death or personal injury caused by Cornish Secrets or the Owners negligence or
2.) under section 2(c.), Consumer Protection Act 1987; or
3.) for any matter which it would be illegal for Cornish Secrets or the Owner to exclude or attempt to exclude their liability or
4.) for fraud or fraudulent misrepresentation.
d.) In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less any insurance or cancellation charges.

11.) The Guests Obligation
The Guest agrees:
(a) to pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which for the avoidance of doubt means repairs that are decorative and ware out or come adrift in the course of reasonable use) which will be determined at the Owner's discretion;
(b) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed in writing with Cornish Secrets;
(c) to permit the Owner reasonable access to the property;
(d) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
(e) not to sell or transfer the booking to another without the written consent of Cornish Secrets;
(f) not to use a cot for a child over the age of 12 months; and
(g) not to have anyone other than those detailed at the time of the booking and listed in the Booking Confirmation staying at the property; and
(h) to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Cornish Secrets properties regarding your behaviour may result in the Owner requiring you to leave the property immediately without a refund of any monies paid by you.

12.) Breach of Contract
a.) If there shall be a material breach of any of these conditions by you, the Owner or Cornish Secrets reserve the right to re-enter the property and terminate the letting. 
b.) If there shall be a material breach of any of these conditions by Cornish Secrets or the Owner, then you have the right to terminate the letting. 
c.) In the event that Cornish Secrets is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you. 
d.) Termination of the letting pursuant to condition 12.a and 12.b does not affect that party's other rights and remedies. 

13.) Complaints
Cornish Secrets tries to take every care to prepare the properties to a standard whereby you will enjoy your holiday. If a problem or cause for complaint does arise, please contact Cornish Secrets immediately. Every effort will then be made to assist you. It is frustrating for all parties if you write after your holiday to inform Cornish Secrets of a problem that could have been solved had Cornish Secrets known at the time. If Cornish Secrets or the Owners were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint. 

14.) Pets
Pets are only permitted with the prior agreement with Cornish Secrets and the Owner and where pets are permitted; they are to be kept control and exercised off the premises. Pets are not permitted in any of the bedrooms and on any of the furniture and neither Cornish Secrets nor the Owners can be responsible for their safety. Pets must not be left in the properties unattended as this can result in damages to the property and distress to the pet. A weekly charge will be made for each pet. Where the description is stated "Regret no pets" Cornish Secrets or the Owner cannot guarantee that there have been no pets previously kept at the property.

15.) Data and Privacy
In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. We will not pass your information onto any third parties for the purposes of administration. Contractors will not be allowed to use your personal information for any other purpose than that which Cornish Secrets may have instructed. Your identity will also be made available to the Owner. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to info@cornishsecrets.co.uk
Cornish Secrets is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998. 

16.) Validity Condition
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect. 

17.) Governing Law
The contract embodied in the booking is governed by English law, and subject to the exclusive jurisdiction of the English courts.