Bookings made at this property are made under the followings terms:
Booking Conditions for Sandspur
Guest Booking Conditions
PLEASE READ THESE BOOKING CONDITIONS CAREFULLY. WHEN YOU MAKE A BOOKING, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT, THE TERMS OF WHICH ARE SET OUT IN THESE BOOKING CONDITIONS.
Contact details:
Company name: West Country Beach Holidays of Mermaids Purse, Polzeath Beach, Nr Wadebridge, Cornwall, PL27 6ST United Kingdom (“West Country Beach Holidays”)
Tel: +44 (0) 7808078834
Email: bookings@westcountrybeachholidays.co.uk
Correspondence address: South Hooe Farmhouse, Bere Alston, Yelverton, Devon
PL20 7BW
1. Definitions:
"Owner(s)" means owner(s) of the property being booked as a rental.
"Applicant" or “you” means the person making the Booking, who shall be the person (i) named on the Payment receipt email; (ii) who shall be responsible for the administration and correspondence in regard to the Booking; and (iii) who warrants that they have the legal authority and capacity to make the Booking (and any amendments and/or cancellations) on behalf of all persons staying at the property as part of the Booking (including anyone who is added or substituted at a later date) and any one of them, as applicable.
"Booking" means a reservation by an Applicant to rent a property through West Country Beach Holidays.
“Website” means https://www.westcountrybeachholidays.co.uk/
“We”, “us” or “ours” means West Country Beach Holidays acting as agent for the property Owner
2. Your Contract
These booking conditions, together with any information set out in your payment receipt email and any rules and/or restrictions put in place by the property Owner, set out the terms on which (i) West Country Beach Holidays agrees to make the property available to you through our Website; and (ii) the Owner agrees to provide the property to you. In making a Booking, you are regarded as having read, understood and agreed to these booking conditions.
West Country Beach Holidays acts in the capacity of an agent for the Owners of the properties listed on our Website and, in making a Booking for a property, your contract will be with the Owner of such property which shall come into existence once we have confirmed your Booking at that property and issued you with a Payment receipt email.
3. Access and Departure Times and Other Conditions of Rental:
3.1 The Applicant shall warrant and ensure that:
(i) they shall, at all times, be a member of the Booking that shall rent the property;
(ii) if the majority of the persons in the Booking are under 25 years old, or if the persons in the Booking are all of the same gender, they shall notify the Owner (or West Country Beach Holidays) in writing at or before the time of Booking and shall ensure that a responsible adult shall stay at the property for the duration of the Booking;
(iii) no additional persons will be permitted to stay at the property, other than those that form part of the Booking;
(iv) they shall not, in any circumstances, sublet (in full or part) or otherwise allow anyone to stay at the property other than those persons included in the Booking, except as expressly agreed otherwise by the Owner and/or West Country Beach Holidays at the time of Booking;
(v) they shall not disrupt the quiet enjoyment of the neighbours by causing unnecessary noise and or other disturbances (including, without limitation, drunken behaviour, parties, events and/or camping) in and around the property and especially during hours of darkness;
3.2 Depending on the property that the Applicant books, children may be counted as being included within the ‘maximum number of guests’.
3.3 The maximum number of persons permitted to rent a property at any one time is dependent upon the property, but is generally between 2 to 17 guests.
3.4 Depending upon the property that the Applicant books, dogs may be permitted to stay at the property, at an additional charge, providing this has been agreed with West Country Beach Holidays at the time of Booking. The actual charge will be set by the property Owner, but is usually around £50 per dog per Booking. The number of dogs in the property shall not exceed the number of dogs that has been permitted by West Country Beach Holidays and/or the property Owner and dogs must not be left unattended inside or outside of the property at any time.
3.5 The Applicant can occupy a Booked property in accordance with the check-in time as stated on the ‘Arrival Info’ email and must ensure that the property is fully and properly vacated by the check-out time.
3.6 In the event of any breach of clauses 3.1 and 3.4, we reserve the right to consider your Booking to have been cancelled by you with immediate effect. In this event our and the Owner’s liability to you will cease and you and the people in your booking and/or visiting the property will be required to leave the property immediately. We will have no further obligations to you and/or the people staying at or visiting the property and will not be liable for any compensation, damage, loss, refund, expense, or other cost incurred by you that may arise out of, or in connection with, any such cancellation of Booking.
4. Reservation Procedure:
Applicants can provisionally reserve a property over the telephone but no contract shall exist between the Applicant and the Owner until payment has been received by either us, or the property Owner, in accordance with clause 5 below and a Payment receipt email has been issued by West Country Beach Holidays. We and/or the Owner reserve the right not to accept your Booking at any time up until we have issued a Payment receipt email to you and, in this event, we will refund any deposit(s) that you have paid to us. It is important that you check the online Booking and Payment receipt email carefully and advise us immediately of any incorrect or incomplete information.
5. Payment Procedure:
5.1 For Bookings made more than 6 weeks prior to the Booking start date, a non-refundable booking fee of 25% of the total amount payable in respect of the rental of the property must be paid at the time of Booking. The remaining balance will be payable no later than 6 weeks prior to the start date of your Booking.
5.2 If you make a Booking within 6 weeks of your Booking start date the total amount due, together with any additional charges, must be paid at the time of Booking. Non-payment of any sum, in respect of the rental of the property, by the due date will be deemed to be a cancellation of the Booking by the Applicant and the Owner (or West Country Beach Holidays) reserve the right, at their sole discretion, to re-advertise the property for rent without prior notice to the Applicant.
5.3 The Applicant shall remain, at all times, liable for payment of the full amount due in respect of the property rental, in the event that the balance is not paid and/or the Applicant cancels the Booking (in accordance with clause 6 below).
5.4 Any payments due under these Booking conditions can be made by making a BACS payment to the property Owner’s nominated bank account or, alternatively, payment can also be made by credit card.
6. Cancellation:
N.B. ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY INSURANCE THAT INCLUDES COVER FOR CANCELLATIONS.
6.1 If, after we have confirmed your Booking, you then wish to cancel your Booking, you must confirm this to us in writing to bookings@westcountrybeachholidays.co.uk as soon as possible - and the effective date of any cancellation shall be the date that we receive such written notification from you. The Applicant shall remain liable for all payments due in respect of the Booking whether or not they have been paid at the time of cancellation.
6.2 In the event that you cancel your Booking, the Owner (or West Country Beach Holidays) reserve the right to re-advertise the property for re-booking and, in the event that the property is re-booked, the Owner may, at their sole and absolute discretion, offer a refund some of the sums paid by you which, in any event shall (i) exclude the deposit of 25% which is non-refundable; and (ii) only be payable to the Applicant after the Booking end date.
6.3 If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim some or all of these charges.
7. Changes:
7.1 Changes to the Price:
(i) We endeavour to ensure that all the information and prices on our Website and in other promotional materials are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in any such circumstances and at any time. You must check the current price and all other details relating to the property that you wish to book before you make your Booking. We will not be liable for Booking errors which are attributable to you and, should you subsequently need to amend a Booking that we have confirmed, amendment charges shall apply. If a price on our Payment receipt, Website or promotional material is obviously incorrect, a booking made on that price will not be valid and we reserve the right to cancel the Booking, unless you wish to pay the correct price.
(ii) We and/or the Owner reserve the right to amend the price of your Booking as a result of changes to VAT or any other applicable rates and/or taxes - however, we and/or the Owner will not increase the price within 6 weeks of your Booking start date. Where the price of your Booking is increased and, subject to you confirming your choice to us and/or the Owner, in writing, with 7 days from the date that we advise you of the price increase, you will have the option of (a) accepting and paying the increase in price, or (b) cancelling your Booking and receiving a refund of monies paid to us, less the applicable credit card charge (+vat) where payment was made by credit card. If you do not confirm your choice of (a) or (b) to us within 7 days from the date that we advise you of the price increase, your Booking will be deemed to have been cancelled by you and the cancellation charges as set out in clause 6 shall apply.
7.2 Changes to the Booking by the Applicant
If you wish to change/amend any part of your Booking after we have confirmed your Booking, you must inform us in writing to bookings@westcountrybeachholidays.co.uk as soon as possible and the effective date of any change shall be the date that we receive written notification from you. Whilst we will do our best to make the requested changes to your booking, it may not always be possible to do so. Where we can make the requested changes, you will be required to pay an administration charge of £35 per Booking, per change, in addition to any further costs or charges levied by the Owner.
7.3 Changes to the Booking by the Owner
(i) Occasionally the Owner may have to make changes to your Booking (including, without limitation, altering, substituting or withdrawing any service, facility or amenity) and it is a term of your contract with them that they can do so. Most changes will be minor and will be advised at the earliest possible date and, in the event of a minor change, neither us nor the Owner shall be liable to pay you any compensation. If there are points of particular importance to you about the property, please contact the Owner or West Country Beach Holidays to clarify prior to making a Booking.
(ii) In the event that the Owner has to cancel your Booking, the Owner will refund all monies paid by you. Neither West Country Beach Holidays nor the Owner will be liable for any loss, damage, cost or other expense incurred by you arising out of, or in connection with, any such cancellation.
8. Damage and conduct
8.1 If the Applicant, or any people staying at the property as part of the Booking, cause damage to the property (including, without limitation, damage to the fixtures, fittings and or decor, howsoever caused), you must fully reimburse the Owner for the cost of the damage before the Booking end date (if the cost has been established by then) or as soon as it has been established (if later).
8.2 The Applicant shall ensure that they, any people staying at the property as part of the Booking shall:
(i) take all reasonable care of the property, its effects and furnishings and leave it in a clean and tidy condition at the end of the rental (extra cleaning can be charged);
(ii) not smoke at the property or behave in any other way or do anything which may cause a fire hazard;
(iii) not cook anywhere on the property other than in designated kitchen areas;
(iv) not cause a nuisance or annoyance to the occupants of any nearby properties including, without limitation, the playing of music or making a noise which is clearly audible in a nearby property after 2300 hours;
(v) allow reasonable access to the property by the Owner or caretaker where it is deemed necessary by the Owner.
8.3 The Applicant is responsible and liable for all persons staying and/or visiting the property and shall ensure that any such persons are aware of their and the Applicant’s obligations under the Booking conditions.
8.4 If, in our reasonable opinion or in the reasonable opinion of any other person in authority, including the property Owner, your behaviour or that of any people staying at or visiting the property, is causing or is likely to cause distress, danger or annoyance to any third party (including being threatening or abusive, upsetting, annoying or disturbing any other person, and/or our staff, and/or the Owner, or putting any of them in danger) or damage to property, we reserve the right to consider your Booking to have been cancelled by you with immediate effect. In this event our and the Owner’s liability to you will cease and you and the people in your booking and/or visiting the property will be required to leave the property immediately. We will have no further obligations to you and/or the people staying at or visiting the property as part of the Booking and will not be liable for any compensation, damage, loss, refund, expense, or other cost incurred by you (including, without limitation, any costs of cleaning, repairing or replacing property lost, damaged or destroyed by you, compensating any person, staff or agent affected by your actions) that may arise out of, or in connection with, any such cancellation of Booking.
9. Damages and Security Deposit:
All property Owners require a security deposit which will need to be made by BACS transfer to the property Owner along with the final payment, 6 weeks before the start date of your Booking. This amount is fully refundable providing the property is fully and properly vacated before the required check-out time on your departure day (in accordance with clause 3), and the property is left clean and tidy with internal and external furniture left where found, all rubbish and recycling removed, washing up put away, soiled dishes placed in the dishwasher and the dishwasher switched on, keys returned to key safe and, subject to the provisions of clause 8, there has been no damage, breakages, extra cleaning required, or extra guests, or extra dogs, found to be staying at the property.
10. Liability
10.1 The Owners make their property(ies) available to you via our Website and their liability to you is as set out in these Booking conditions. West Country Beach Holidays will not be liable in any respect for the property or for the acts, errors, omissions, representations, warranties or negligence of the Owner and/or any third party.
10.2 Except as expressly set out in these Booking conditions, all the information displayed on our Website is provided without any warranty (either express or implied) or implied term of any kind including, without limitation, any implied warranties or terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. The inclusion or offering of any property on our Website does not constitute any endorsement or recommendation of any such property by us. The information and images relating to the property(ies) are provided to us by the Owners as guidance only and we shall not be liable for any inaccuracy of any such information or images (including, without limitation, facilities or distances).
10.3 Neither the Owner nor West Country Beach Holidays shall 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 to any Booking.
10.4 In the event that West Country Beach Holidays are found liable for any loss, damage, cost or other expense under these Booking conditions, our liability shall be limited to direct damages that were; (i) reasonably foreseeable by both you and us; (ii) actually suffered or incurred by you; and (iii) directly attributable to the actions of us and/or the Owner; and shall not, in any event, exceed £1,000 or the cost paid by you in respect to your Booking, whichever is the lower amount.
10.5 The supervision of children, babies and adults requiring care remains the responsibility of the Applicant at all times.
10.6 Neither West Country Beach Holidays nor the Owner shall be liable for any loss or damage to property howsoever arising during the term of the Booking, that may include, without limitation, any vehicles or other forms of transport or any personal belongings.
11. Linen and Cleaning
11.1 Some properties, where requested, will provide bed linen and towels (1 bath towel, 1 hand towel) for each guest, at an additional cost, which are counted into and out of the property inventory by the housekeeper. Any missing, damaged or heavily soiled, stained or bleached (take extra care with tanning products and make-up please) items will be charged for, in accordance with clause 8 and 9.
11.2 Applicants staying at the property for 2 weeks can request fresh linen and towels at the end of the first week, however, there may be a charge at cost for this service.
11.3 Should you prefer to bring your own linen and towels, please check with us in advance whether this is possible.
11.4 There are no cleaning visits included in the rental period but cleaning can be arranged with the housekeeper, subject to availability, the cost of which will be payable by the Applicant direct to the housekeeper. In accordance with clause 9 and, when leaving the property, any rubbish and/or debris is to be placed in the outside bins in sealed refuse bags. Soiled dishes are to be placed in the dishwasher and the dishwasher switched on before departure.
12. Covid-19
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities. Neither we nor the Owners will bear any liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(i) If you, or anyone staying at the property, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 5 days of your Booking start date, you must contact us as you may no longer be able to stay at the property. We will offer you the following options where possible and subject to availability:
(a) Postponing your Booking to a later date. We will notify you of any impact to the price the postponement may have (please note that you may have to pay any increase in cost if the rental charge is higher on the dates that you wish to change your Booking to);
(b) If not everyone in the Booking is affected, you can transfer your place on the Booking to another person;
(c) Cancelling your Booking, in which case our standard cancellation charges shall apply as set out in clause 5, as of the date we receive notice of cancellation from you. You may be able to claim these charges back from your travel insurance.
If this happens whilst you are staying at the property please notify us without delay and, in any event, no later than 48 hours before your departure date from the property, and we will provide such reasonable assistance as we can in the circumstances (in addition to allowing for the property to be deep cleaned). However, we will not be responsible for covering the cost of any curtailment of your Booking, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
(ii) You fail any tests, checks or other measures imposed by any government body or local authority or fail to submit for testing or assessment when requested to do so and, as such, you are unable to proceed with your Booking, or part thereof.
13. Special Requests
Any special requests must be advised to us at the time of Booking. Whilst every effort will be made to arrange any reasonable special requests, we cannot guarantee that they will be fulfilled and any failure to arrange a special request shall not be deemed as being a breach of the Owners contract with you. We reserve the right to decline any Booking that is conditional upon any special request being met.
14. Restricted Mobility Applicants:
14.1 If the Applicant or any persons in the Booking has any specific medical condition, disability or reduced mobility which may affect your chosen property then you should provide us with full details before or at the time of Booking, so that we and/or the Owner can advise as to any suitability or otherwise of your chosen property. The Applicant must also promptly update us of any changes that may occur after Booking but before the Booking Start Date. If we and/or the Owner reasonably feel unable to properly accommodate the particular needs of the person concerned, we/the Owner must reserve the right to inform you of this.
14.2 Neither the Owner nor West Country Beach Holidays shall accept any responsibility or liability for the provision of any equipment and/or any form of care required by any person due to any medical condition, disability or reduced mobility.
15. The Reservation:
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
16. Non-Availability of Property due to Force Majeure:
16.1 Except where otherwise expressly stated in these Booking conditions neither we nor the Owner shall be liable for any damage, loss, costs or other expenses incurred by you - or pay you compensation - where the performance or prompt performance of our contractual obligations are prevented, or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and extraordinary events (“Force Majeure Event”).
16.2 Force Majeure events are events that neither we nor the property Owners could, even with all due care, foresee or avoid. Such events include, without limitation, war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, health risks, infectious disease, epidemics and pandemics and government measures to combat such outbreaks, riot, the act of any government or other national or local authority or the act of any airport, port or river authorities, unforeseeable technical problems with transport, airport, port or airspace closure restriction or congestion; flight or other travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock closure, natural or nuclear disaster, fire, flood, storm, explosion, destruction, break-in or criminal damage to property, adverse weather conditions, volcanic eruption, chemical or biological disaster, consequences of Brexit and all similar events outside our or the concerned supplier’s control.
17. Waiver
The failure of the Owner and/or West Country Beach Holidays to enforce or exercise at any time or for any period of time, any term of, or any right pursuant to these Booking conditions does not constitute and shall not be construed as a waiver of such terms or right. The Owner reserves the right to terminate a Booking any time where these Booking conditions are breached by the Applicant.
18. Complaints
18.1 Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact the caretaker in the first instance if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we or the Owner are promptly notified. Discussion of any criticisms with us whilst you are in residence at the property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered and notified whilst you are in residence. Any complaints regarding the property or facilities that cannot be resolved by the caretaker or Owner, must be reported within 24 hours of your Booking start date, in writing and accompanied by photographs, to bookings@westcountrybeachholidays.co.uk so that they may be passed to the Owner and resolved as and where possible during your stay at the property.
18.2 If you fail to follow the requirement to report your complaint during your stay at the property, we and/or the Owner will have been deprived of the opportunity to investigate and rectify your complaint, and this may affect your rights under your Contract with the Owner.
19. Health Requirements
It is your responsibility to check and comply with any travel, health, vaccination, or testing requirements. Requirements change on a regular basis and you must therefore continually check and monitor the requirements up to your Booking end date.
We do not accept any responsibility or liability if any persons in your Booking cannot travel/enter a premise/attend and event because they have not complied with any vaccination, health or testing requirements or are not in possession of necessary documentation (including, without limitation, vaccination certificates, testing kits and any other required documentation).
20. Prevalence
In the event of discrepancy between these Booking conditions and any other document, these Booking conditions shall prevail.
21. Data protection
Our privacy policy sets out what personal data we collect about you, how and why we use it, who we disclose it to, and how we protect your privacy in accordance with the UK GDPR: https://www.westcountrybeachholidays.co.uk/terms#privacy
22. Variation
These Booking conditions may be varied by us at any time and at our sole discretion. Any new Booking conditions will be published on our Website and will have immediate effect.
23. Law and jurisdiction
These Booking conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or Booking will be dealt with by the exclusive jurisdiction of the Courts of England and Wales.
[Date: 10 March 2022 ]