Treworgans Farm Holidays – Booking conditions

Treworgans Farm Holidays – Booking conditions
Date of issue: 11^th May 2022.

1. Booking
This is an agreement for a short-term holiday let (the “Holiday”) of the property (the “Property”) stated on the booking form (the “Booking Form”) entered into between Treworgans Farm Holidays (“us”) and you (“you”). Terms used in these terms and conditions (the “Booking Conditions”) have the meanings given to them in the Booking Form. Holiday bookings can only be accepted from persons over 18 years of age. By completing the booking online or by signing and returning the Booking Form and paying the Deposit you acknowledge that you will abide by these Booking Conditions and that you are authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form and further you agree to take responsibility for all the persons that comprises the party occupying the Property. The Deposit is non-refundable and is due and payable within 5 working days of us receiving a completed Booking Form from you. A Holiday booking will be held provisionally for this period but if the Deposit has not been received by 5:00pm on the fifth day of this period then the booking will be cancelled. The outstanding balance of the payment is due and payable 10 weeks before arrival. In the event of non-payment by the due date then we reserve the right to cancel the Holiday and the Deposit will be forfeited and you will still be liable to pay the total amount due subject to the provisions of section 2 (Cancellation). If a Holiday booking is made within 10 weeks of the date of arrival, payment will be required in full at the time of booking. Please note Holiday bookings are not transferable. All bookings made through our online booking system are Provisional until Confirmed by us.
A non-refundable booking fee of £30 is charged on all bookings.

2. Cancellation
During the current Coronavirus pandemic, the following terms will apply.

National Lockdown – In the event of a national lockdown, where you are unable to travel, or and we are prevented from opening, you will receive a full refund less the £30 booking fee.

Regional/Local Lockdown – In the event that your address is put into a Local/Regional Lockdown, rendering you unable to travel, you will receive a full refund less the £30 booking fee. Please note that this applies only to the address given by the Lead Booker at the time of booking and does not apply to party members at a different address unable to travel due to local lockdown.

Cancellations must be immediately notified to us by phone and confirmed in writing

2.1 Your inability (or the inability of any, some, or all, of your party) to stay for any other reason, including, but is not limited to –

• illness (including Covid)
• a requirement or recommendation to self-isolate or quarantine
• a call to jury duty
• incarceration
• change in personal or work circumstances
• family emergencies
• travel delays
• vehicle breakdown, and delays with public transport

these remain at your risk and do not give rise to a right to cancel or receive a refund.

You are strongly recommended to have suitable UK travel insurance to cover these eventualities. If you choose not to take out UK travel insurance, then you accept responsibility for any loss that you may incur due to your cancellation. Travel insurance is available for those with pre-existing medical conditions as well as Coronavirus (Covid-19) illness.

Some places to look for insurance include,

www.fishinsurance.co.uk/product/single-trip-travel-insurance
www.staysure.co.uk/uk-travel-insurance/
www.moneysupermarket.com/travel-insurance/

there will be other options.

2.2 In the event of a cancellation at any time you will still be liable to pay the total amount due. However, if we manage to re-let the property (at a price determined by us at our sole and absolute discretion) and we receive the same amount (or more) from a new customer then we shall return 70% of the total rental charge agreed with you to you at time of booking. In the event that we have to let the property at a discount then you will be liable for any balance and this will be deducted from the amount returned to you. In the event of non-payment of the balance by you then we reserve all rights against you to pursue you for this outstanding balance so that we are left in the position that we would have been in if you had not made your cancellation.

3. You agree:
a. To pay for all losses, damages, late departure fees, or excessive cleaning to the Property caused by You or a member of your party, and a refundable damage deposit of £100 will be required during the booking process. A portion of the damage deposit will be used to pay for any of the aforementioned fees should they be due.  Should the damage deposit not cover the fees then an invoice for the additional amount will be sent.
b. To take good care of the Property, ensure it is kept secure when empty and leave it in a clean and tidy condition, as you found it, at the end of your stay. In the event that the Property is not left clean and tidy you may be liable to a cleaning charge which may be greater than £100.
c. To abide by our No Smoking or Vaping policy within ANY building or doorway on the farm including the Property.
d. Not to exceed the total number of people stipulated in the property description with the exception of children aged 24 months or less, and only by our prior approval.
e. Not to cause an annoyance or become a nuisance to occupants of the other property or the farmhouse at Treworgans Farm.
f. To permit us (or our employees or other representatives) reasonable access to the Property.
g. Not to permit (or permit any person comprising part of the party on the Booking Form or a guest) to engage in any unlawful or illegal activity at the Property or on Treworgans Farm.
h. That the charging of EV (electric vehicles) from cottages is not allowed and cables run out from the internal sockets is strictly prohibited. Wheelchairs and Mobility Scooters may be charged.

If any of these conditions are not adhered to we may repossess the Property and at our sole and absolute discretion refund money in respect of the remaining portion of your stay.

4. Arrivals and departure
The property is only available for occupation from after 4:00pm on the Arrival Date and must be vacated by 09:00am on the Departure Date. We (or our employees or other representatives) reserve the right to enter the Property from 9:30am on the Departure Date to commence cleaning if the property is still occupied.  If our housekeepers are delayed by the late departure of You or any member of your party a charge of £30 will be made and thereafter £30 for each hour or part of will be applied.  Please note that although the property will be ready for occupation from 4:00pm on the Arrival Date, we employ external housekeepers and we cannot guarantee that the Property will be available before 4:00pm so please do not arrive before this time.

5. Non-availability of Property
If for any reason beyond our control, (for example fire damage) the property is unsuitable for the Holiday for the dates booked, all monies will be refunded in full, but we will not be liable for any further claims.

6. Pets
Pets are only permitted with our prior consent and must be kept under strict control, not allowed to run freely unsupervised and all faeces must be cleaned up immediately. Pets are not permitted in the bedrooms or on the furniture and must not be left unattended, unless caged, within the Property at any time. There will be a weekly charge made for each pet.

7. Linen
All bed linen is provided. Towels are also provided but these must not be taken to the beach.

8. Heating
Heating is included within the total cost.

9. Left property
Any articles left at the Property by You or a member of your party may be forwarded upon request subject to an administrative fee of £5.00 plus all applicable postage costs.  Any items left at the Property that are not claimed within 7 days may be disposed of.

10. Liability
10.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub- agents) to you in respect of:
10.1.1 any breach of this agreement; and
10.1.2 any representation, statement or tortuous act or omission including negligence arising under or in connection with this agreement.
10.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this agreement.
10.3 Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
10.4 Subject to the provisions of 10.2 and 10.3:
10.4.1 We shall not be liable to you for any indirect or consequential loss or damage, costs, damage to property, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement; and
10.4.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with this agreement shall be limited to the amount actually received by us from you pursuant to this Agreement

11. Additional Equipment
In the event that you request any additional equipment (e.g. a harness for a shower chair) (“Equipment”) then, if we have the Equipment available, we will provide it to you without charge (unless specifically stated at the time) and subject to and on the basis that: (i) you carry out your own assessment as to the suitability of the Equipment for the intended use and person by whom it will be used and your own risk assessment prior to using the Equipment; and (ii) the use of the Equipment is at your own risk reliant upon your assessment as to suitability and your risk assessment and we exclude all liability (other than death or personal injury arising from our negligence) in relation to your use of the Equipment.

12. General
12.1 Treworgans Farm Holidays is a partnership the partners of which are David Eyles and Esme Eyles and whose address is Treworgans Farm, Ladock, Truro, Cornwall. TR2 4QD.
12.2 These Booking Conditions together with the Booking Form and any policies or handbooks that we may provide to you in relation to the Property are the only terms and conditions that apply to the letting of the Property and supersede any other terms and conditions or booking form.
12.3 We provide information and leaflets provided to us by third parties for your information and to facilitate the enjoyment of your stay (e.g. shops, beaches, restaurants and walks). Although we endeavour to keep this information up to date the accuracy of such information cannot be guaranteed and we accept no liability for any error in any such materials.
12.4 This agreement confers upon the right thing to occupy the Property for a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988. This agreement does not create a shorthold tenancy.

The following conditions apply to the Wi-fi network at Treworgans Farm Holidays (the “Service”)
By using and/or activating the Service with us you agree to be bound by this agreement. If you do not agree to the terms of the agreement, do not use the service.

1. Extent of the Service
1.1 We do not recommend in particular the use of any websites (or other Internet related services) (“Internet Services”) and your use of Internet Services is carried out entirely at your own risk.
1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.
1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.
1.5 We do not guarantee:
1.5.1 the availability of the Service;
1.5.2 the speed at which information may be transmitted or received via the Service; or
1.5.3 that the Service will be compatible with your equipment or any software which you use.
1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service] we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilising the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.
1.7 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

2. Your Use of the Service
2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.1.1 are defamatory, threatening, intimidatory or which could be classed as harassment;
2.1.2 contain obscene, profane or abusive language or material;
2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
2.1.5 contain material which infringe third party’s rights (including intellectual property rights);
2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or
2.1.7 are otherwise unlawful or inappropriate;
2.2 Music, video, pictures, text and other content on the Internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.8.
2.4 We recommend that you do not use the Service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
2.5 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
2.6 You must keep the password confidential and not disclose it to any person or allow any person other than an authorised member of your group to use the Service.
2.7 You should not attempt to gain access to any restricted area of our network.
2.8 You are entitled to reasonable usage and if you commit us to additional costs for downloading/streaming large amounts of data (e.g. music, videos) then we will invoice you for the additional cost incurred by us.

3. Criminal Activity
3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.
3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

4. Other Terms
4.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.8 and 3.1 above.
4.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
4.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
4.4 This agreement is governed by the law of England and Wales and is subject to the nonexclusive jurisdiction of the English courts.
I confirm that I accept these terms and conditions as the basis of my use of the wireless Internet.