FISTRAL BAY HOLIDAYS – TERMS & CONDITIONS
- How to make a booking
1.1 All bookings are made via the Fistral Bay Holiday website at fistralbayholidays.co.uk, or via the contact form on the website. We aim to reply to all communications (booking requests or enquiries) via the contact form within 24 hours.
1.2 Fistral Bay Holidays request details of all persons in your party including names and ages. This information is required by the Owner for insurance purposes.
1.3 The booking is complete when you receive confirmation from Fistral Bay Holidays via email, this acts as acceptance of you to enter a contract with the Owner in accordance with the terms and conditions.
1.4 Hen or stag parties are not permitted in the Property.
1.5 We recommend booking appropriate travel insurance to include all members of the travelling party.
- Deposit
2.1 A booking via the Fistral Bay Holidays website, must be accompanied by a deposit.
2.2 If a booking is made eight weeks or more before the letting is due to start you must pay a deposit equal to the sum of one third of the fee.
2.3 If a booking is made less than eight weeks before the first day of the letting, the full letting fee, plus any security deposit plus any additional charges will be due at the time of booking.
- Final Payment
3.1 Non-payment by the Due Date may be treated as a cancellation.
- Changing Booking Dates
4.1 In the first instance please contact us to request a change, all changes will be considered based on the time remaining before the holiday should commence, we would require at least 10 weeks to enable us to fill the week.
4.2 Where a change to the dates of the letting is agreed, there will be no charge. If further changes are requested an administration fee of £30.00 must be paid by you.
- Cancellation
5.1 If you wish to cancel the booking you must notify us in writing before the booking start date.
5.2 When a cancellation is made, a charge will be payable depending on the number of days before the booking start date that the notice is received by.
5.3 The amount payable is shown below. (% of the Letting Fee payable on cancellation):
- 0 – 13 days – 100%
- 14 – 27 days – 75%
- 28 – 55 days – 60%
- 56 days or more – The Deposit (33%)
- Full refund will be given if the week cancelled becomes booked by another party for the original price. Where a booking is made at a reduced/discounted price then the above % will apply.
- Duration and Times of Letting
6.1 Bookings are for a maximum of 21 days and commence at 3pm on the first day of the booking and end at 10am on the day of departure unless otherwise agreed.
6.2 The period booked cannot be exceeded without prior written approval. You will be liable for any cost of whatever nature incurred because of an unauthorised extension. If you wish to have a late departure, or extend your stay, please speak to the Fistral Bay Holidays team no less than 48 hours before the departure date and time. Late departures and extensions are subject to availability.
- Your Obligations
7.1 You (and all members of your party) agree:
7.1.1..to vacate the Property by 10am on the day of departure.
7.1.2 to pay for any losses or damages to the Property or its contents, 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 wear out or come adrift during time and the course of reasonable use). Payments to be made following the issue of an invoice if the Security Deposit does not cover the full balance.
7.1.3 to report any damage, missing items or faults in the Property to the Appointed Agent within 24 hours of arrival. If no missing items, damage or faults are reported within this period, the Property and its contents will be deemed to be in full working order.
7.1.4 to take good care of the Property and leave it in a clean and tidy condition at the end of the booking. A cleaning service is not provided during the letting unless otherwise specified or agreed. We the Owner may make an additional, reasonable charge for professional cleaning after your occupancy as required to return the Property to its original state of cleanliness and tidiness. Should the Owner or Appointed Agent be dissatisfied with the condition of the Property upon your departure, they may refuse to take a booking from you again.
7.1.5 to permit the Owner or Appointed Agent reasonable access to the Property.
7.1.6 not to part with possession of the Property, or share it, except with members of the party confirmed in the booking.
7.1.7 not to sell or transfer the booking to another party without the written agreement of the Owner.
7.1.8 not to exceed either the total number of people stipulated in the Property description or the total number of people stated in the Booking Confirmation.
7.1.9 to get advanced written consent, through Fistral Bay Holidays, from the Owner, for any visitors to the Property.
7.1.10 to not hold events (such as parties, celebrations or meetings) at the accommodation without prior written consent from the Owner.
7.1.11 not to use the accommodation for any illegal or commercial purpose.
7.1.12 to respect the well-being of those occupants of adjoining or nearby properties and not to cause an annoyance or become a nuisance. Complaints from adjoining or nearby occupants regarding your behaviour may result in the Owner or Appointed Agent requiring you to leave the Property immediately without a refund of any monies paid by you.
7.1.13 to ensure that you secure the Property (including all windows and doors) whenever leaving the Property.
7.1.14 to refrain from smoking, vaping and the use of illegal drug use at the Property or in the grounds. Where it is apparent that you or a member of your party has smoked, vaped or taken illegal drugs at the Property, you may be charged for any additional costs incurred including costs for cleaning the Property and including liability for the cost of cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable. We reserve the right to ask any guest found breaching this Clause to leave the Property immediately and no refunds will be provided for your stay ending early.
7.1.15 not to use candles or fireworks in or at the Property.
7.1.16 to comply with all rules and guidance at the Property including information relating to appliances and equipment.
- The Refundable Security Deposit
8.1 A Security Deposit is required for all Bookings.
8.2 The Owner shall be entitled to deduct from the Security Deposit the cost (including but not limited to reasonable costs for breakages, damage and any other incidental costs where applicable) of remedying any breach of your obligations pursuant to this agreement and shall be entitled to charge any additional amount where the Security Deposit does not fully cover the cost of remedy.
8.3 The lead guest will be liable for any costs or additional costs if any damage or breakage exceeds the Security Deposit value or is due to damage that was done other than accidentally.
8.4 All disputes are the responsibility of the Owner or Appointed Agent and will be dealt with directly between you and the Owner or its Appointed Agent.
8.5 Where no breach of obligations pursuant to this agreement has occurred, you will be refunded the whole amount of the Security Deposit within 7-10 days of the end of the booking period. Where deductions to the Security Deposit are made the balance will be paid as soon as practicable after the Owner has received quotes for replacement or remedial works.
- Non-availability of Property
9.1 If for any reason beyond reasonable control the Property is not available on the date booked, or the Property becomes unsuitable for holiday letting, Fistral Bay Holidays may cancel the booking and all Booking Fees and charges paid in advance by you will be refunded in full by Fistral Bay Holidays on behalf of the Owner within 3-5 working days.
9.2 Where possible Fistral Bay Holidays will provide you with four weeks’ notice except in extraordinary circumstances.
9.3 You will have no further claim against Fistral Bay Holidays, the Owner and / or the Appointed Agent.
- Price and Property Changes
10.1 Fistral Bay Holidays and the Owner do not accept responsibility for any disruption building or road works, or events near the Property nor any impact such works may have on your stay. If the Owner or Fistral Bay Holidays are made aware of any nearby building or road works, or events which may impact the booking, affected guests will be notified as soon as practicable via telephone or email.
10.2 You acknowledge that minor differences may arise between that information given and the actual Property itself.
10.3 Fistral Bay Holidays reserves the right to amend prices quoted in published information and via the Fistral Bay Holidays website due to errors or omissions. Any such changes shall be notified to you as soon as possible.
10.4 You shall be at liberty to cancel the booking if the amended price (as described in Clause 10.3) is significantly higher than the original price advertised (or quoted where no deposit has been taken).
- Liability – Fistral Bay Holidays
11.1 If Fistral Bay Holidays fails to comply with the terms of this contract, it is responsible for loss or damage you suffer that is a foreseeable result of Fistral Bay Holidays’ breach of this contract or negligence, but Fistral Bay Holidays is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if this is contemplated by you and Fistral Bay Holidays at the time this contract was entered into. Fistral Bay Holidays responsibilities to you are limited to making the booking in accordance with your instructions. For the avoidance of doubt, Fistral Bay Holidays is not liable for any transport and/or alternative stay costs and or any loss of or damage to your possessions or vehicles on the Owner’s Property.
11.2 Fistral Bay Holidays does not limit its liability for;
11.2.1 death or personal injury caused by Fistral Bay Holidays’ negligence or the negligence of its employees, agents or subcontractors.
11.2.2 fraud or fraudulent misrepresentation.
11.2.3 any liability it would be unlawful to exclude.
- Liability – the Owner
12.1 The Owner provides the Property for holiday use only. You agree not to use the Property for any commercial, business or resale purpose, and the Owner has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.2 If the Owner fails to comply with this contract, they are responsible for loss or damage that you suffer that is a foreseeable result of their breach of this contract or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the Owner’s breach or if it was contemplated by you and the Owner at the time this contract was entered into.
12.3 The Owner does not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings or vehicles, howsoever caused.
- Pets
13.1 Pets are only permitted with the prior consent of the Owner and where such pets are permitted, they are to be well-behaved, kept under control and exercised off the premises.
13.2 Pets are not permitted in the bedrooms or on the furniture and neither Fistral Bay Holidays nor the Owners nor the Appointed Agent can accept responsibility for their safety. Dogs must not be left unattended in the Property or in a vehicle outside of the Property at any time.
13.3 A charge will be made for pets in the sum of £40 per stay, which is payable to Fistral Bay Holidays at the time of booking. Guide or hearing dogs are permitted to stay at no extra charge.
13.4 It is your responsibility to ensure your pets do not disturb those in adjoining properties or nearby and, on departing from the Property, it is your responsibility to ensure that you have cleared up after your pets and that there is no trace of your pets having been at the Property. If any additional cleaning is required that may incur an additional charge this will be payable by you at the discretion of Fistral Bay Holidays, the Owner or Appointed Agent. Any damage caused by pets must be reported to Fistral Bay Holidays, the Owner or Appointed Agent immediately.
13.5 Fistral Bay Holidays reserves the right to deduct £40 from the Security Deposit in the event of dog mess having to be cleared after departure and reserves the right to refuse any future bookings.
13.6 Pet owners must ensure that their pets are free from all parasites and fleas before they occupy the Property. Failure to do so may incur additional charges.
13.7 If you or your guests have an allergy to animals, Fistral Bay Holidays cannot accept responsibility for any health condition which may occur because of animals having been recently present in the Property.
13.8 You must be mindful of other people and animals, including livestock, in the vicinity so as not to allow your pet to become a nuisance.
13.9 You should provide pet bedding and necessary equipment, including food and towels. A water bowl and food bowl are provided. You are required to wash these at the end of your stay.
- Streaming Accounts and Broadband
14.1 It is your responsibility to ensure that any use of a personal television account at the Property smart television or other device in the Property has been properly signed out before you leave. Fistral Bay Holidays and the Owner cannot be held liable for any use of these accounts by another party/guest.
14.2 Where broadband internet is provided, there is no guarantee of a minimum speed, unrestricted bandwidth, or uninterrupted provision. Fistral Bay Holidays and the Owner are not liable for any failure or interruption to the broadband access.
- Lost Property
15.1 At the end of every stay, please ensure you check that all personal items have been packed. The Owner or their Appointed Agent will store lost property items for a maximum of one month after which they will be given to charity or disposed of. Items can be posted to the guest for the cost of the postage plus an admin fee.
- Method of Payment
16.1 Payments may be made by credit card, or debit card.
16.2 No debit and credit card payment will attract a surcharge.
- Eligibility
17.1 Fistral Bay Holidays on behalf of the Owner reserves the right to accept or refuse bookings at its absolute discretion.
- Complaints
18.1 All complaints must be notified to the Owner or Appointed Agent as soon as reasonably practicable, as the Owner or Appointed Agent may be required to carry out on-the-spot investigation and if necessary, carry out remedial action. Contact details for the Owner or Appointed Agent will be provided to you in your confirmation email and at the Property.
18.2 If Fistral Bay Holidays or the Owner or the Appointed Agent are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the booking, then this may result in a reasonable reduction of any compensation payable to you arising out of such a complaint.
- Linen
19.1 The Property is equipped with bed linen (duvets, sheets, pillowcases), bath and hand towels, oven mitts, tea towels and bathmats (one per bathroom). Clean bed linen will be provided on the letting start date. No change of bed linen will be provided except during stays of 10 days or more where a change of bed linen and towels will be provided. Linen will be changed on day 7 of your stay between 10am and 3pm.
19.2 If additional linen or towels are required they can be requested, for an additional charge, from the housekeeper.
- Breach of Contract
20.1 If there shall be a material breach of any of these conditions by you, the Owners, or the Appointed Agent, Fistral Bay Holidays reserve the right to re-enter the Property and terminate the booking. If Fistral Bay Holidays 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.
20.2 If there shall be a material breach of any of these conditions by Fistral Bay Holidays, the Owners or the Appointed Agent, then you have the right to terminate the booking. You will be entitled to recover the deposit in the event of such breach if prior to your stay. Where a breach occurs during your stay, you will be entitled to recover the Booking Fee on a pro rata basis.
- Authority to Accept
21.1 The person who completes the booking and therefore accepts the terms of this contract confirms that:
21.1.1 he or she is authorised to agree the booking conditions on behalf of all persons included on the booking, including those substituted or added later.
21.1.2 he or she is over eighteen years of age and a member of the party intending to occupy the Property.
21.1.3 he or she agrees to take responsibility for the party occupying the Property.
- Discrepancies
22.1 In the event of inconsistency between these booking conditions and any other information regarding the Property, these booking conditions will prevail.
- Data and Privacy
23.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. From time to time we may use other companies and individuals for the purposes of administration. These companies and individuals will not be allowed to use your personal information for any other purpose than that which Fistral Bay Holidays may have instructed. Your identity will also be made available to the Property Housekeeper. By booking with us you are deemed to have consented to use of personal information for these purposes. If you require any more details concerning your personal details, please refer to our privacy policy.
23.2 Fistral Bay Holidays are committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with all applicable laws concerning the protection of personal data; including the Data Protection Act 1998 (DPA) and The General Data Protection Regulation 2016 (GDPR) together, and with other subsequent laws “Data Protection Laws”.
- Validity Clause
24.1 If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this contract.