Terms

Please take a moment to read these terms so you have the peace of mind of knowing your contractual relationship with us both before and during your holiday.

DEFINITIONS

“Booking” – means a booking for a Property

“Booking Conditions” – means the terms and conditions of the Booking forming the Contract

“Booking Form” – means the form sent to you for completion

“Contract” – means this contract between You and the Owner

“Deposit” – means the sum payable as a first payment to secure the Booking

“Guest” or “You” – means the person making the Booking

“Guests” – means You or any member of your party

“Owner” or “We/Us” – The Owner of Upper Deck is Bigglesworth Investments Limited (registered in England and Wales No. 5701013) and Lower Deck is Packham Leisure Limited (registered in England and Wales No. 8535408). Registered Address at An Mordros, Parc Owles, Carbis Bay, St Ives, Cornwall TR26 2RE. The Director for all communications is Fiona Batchelor.

“Privacy Notice” – means the privacy notice on our Website

“Property” – means the relevant apartment Upper Deck or Lower Deck as agreed

“Rental Fee” – means the total fee for the Property as agreed at the time of booking to include rental, heating, lighting, use of bed linen and towels, parking and wifi but excluding any additional services provided by the Owner or unreasonable use

“Rental Period” – means the period of the Booking as agreed with Us in writing on the Booking Form

“Website” – means our website or any third party booking website that we employ such as Vrbo

“Written” or “in writing” – includes fax and email or reasonable method of reproduction of words but excludes any text messaging via mobile phone

  1. BOOKING CONDITIONS
  • Bookings made more than eight weeks in advance require a 30% Deposit. Bookings made eight weeks or less in advance require full payment at the time of reservation. The Owner reserves the right to refuse any Booking. The Deposit funds must be received, Booking Form completed and the Booking confirmed in writing/email by us before the Booking is accepted. Any delay may result in our accepting an alternative Booking. The person who completes and signs the Booking Form (the Guest) certifies that they are authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form (the Guests), that they are over 21 years of age and that they will take responsibility for the party occupying the Property and to notify the Owner if they are not a member of that party. Unless otherwise agreed in writing, the price for the holiday will be the price as set out on the Website at the time of Booking.
  1. PAYMENT AND DAMAGE DEPOSIT
  • The balance is due eight weeks before commencement of holiday. Where possible a reminder will be sent however the Guest is responsible for sending the payment by the due date regardless of whether a reminder is received. Any delay in receipt of the final balance may result in the Booking being cancelled at the absolute discretion of the Owners. Unless the Property is re-let, the Guest will be liable for the full amount. A refundable damage deposit of £200 will be added to the final balance due. This will normally be refunded within 14 days of completion of the holiday should no loss or damage be incurred. Guests’ liability for loss or damage is not limited to £200.
  1. METHOD OF PAYMENT
  • Payments may be made by bank transfer (details on request), credit/debit card or PayPal. No charges are added for credit card payments. Any charges for handling bank transfers (including overseas transfers) will be passed on to the Guest who is liable to reimburse the Owner within seven days of notification.
  1. ARRIVAL/DEPARTURE
  • The Property will be available from 4pm on the first day of the Rental Period and must be vacated by 10am on the day of departure. Please don’t arrive early or depart late – our housekeepers and contractors must be allowed to do their jobs. All accommodation must be kept and left in a clean and tidy state and all furniture returned to the place in which it was found on entry. The Property is fully checked between lettings and any damage to the Property or equipment is fully chargeable to Guests. You will not be charged for the odd broken glass or cup. The Owner reserves the right to charge Guests for extra cleaning costs where a Property has not been left in a reasonable condition or where services provided such as electricity, gas or broadband have been abused.
  • Personal property left by Guests can be forwarded upon receipt of a minimum handling fee of £15.00 plus postage. Unclaimed articles will be disposed of after a period of 28 days. We are not responsible for any such lost, mislaid or damaged items and cannot guarantee that any such items can be found.
  1. DURATION
  • The period booked (Rental Period) will be stated on the Booking Form provided to the Guest and cannot be exceeded unless the Owner gives prior written approval. It will commence at 4pm on the first day of rental and end at 10am on the day of departure. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension. 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). Occupancy for any other reason is not permitted and that no rights to remain in the accommodation exist for the Guest or any person accompanying him/her on holiday.
  1. CANCELLATION
  • A Booking can only be cancelled prior to the start of a holiday. As soon as the deposit is received, the Guest is liable for payment of the full balance of the Rental Fee. Cancellation, for any reason, should be advised immediately by telephone and confirmed in writing within 5 days. The Owner will try to re-let the holiday at full cost (or reduced rate if applicable) and if successful will only charge a £50 administration cost (plus the difference between full cost and reduced rate if applicable). If the Owner is unable to re-let the Property for any reason, the Guest will be liable for the full charge due on the appropriate day. We strongly recommend that you take out Cancellation Insurance when booking your holiday.
  1. CAR PARKING
  • Two car parking spaces are provided for each Property. Guests should ensure that their cars only occupy the spaces designated for their Property and do not block other car parking spaces or impede any public footpath. Visitor parking is not permitted. Cars are parked entirely at the Guests’ own risk. If your car is particularly large, you may wish to check with us before booking as we do not guarantee spaces are suitable for all vehicles.
  1. PETS
  • No pets or other animals are permitted under any circumstances. Assistance dogs are welcome, however we require advance notice so we can discuss the suitability of the Property and to arrange enhanced cleaning for the next Guests.
  1. SMOKING
  • Smoking is not permitted in any part of the Property.
  1. ALLERGIES AND ALLERGENS
  • Whilst every reasonable effort is made to ensure the Property is free of potential allergens or pet contamination, Guests with allergies should be aware that the Owner cannot guarantee that any such contamination does not exist. We encourage any Guest who is particularly vulnerable to contact us in advance to discuss any appropriate risk management measures.
  1. WIRELESS BROADBAND
  • Wireless broadband is available at no extra charge. It is subject to a reasonable use policy. Availability of service is not guaranteed and is subject to network conditions.
  1. NON-AVAILABILITY OF PROPERTY/FORCE MAJEURE
  • If due to circumstances beyond the Owner’s control the Property is unavailable because of fire, flooding etc., or the Property becomes unsuitable for letting, all monies will be refunded and the Owner will not be under any further liability to the Guest.
  • The Owner shall not be liable for any delay or non-performance of our obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond our reasonable control. The Owner shall as soon as reasonably practicable upon it becoming aware of the same notify You.
  1. ALL GUESTS AGREE
  • To pay in full for any breakages or damage caused by the Guests.
  • Not to cause any nuisance to neighbours.
  • To allow the Owner reasonable access to the Property except in an emergency where immediate access may be required for the purposes of inspection or to carry out necessary repairs or maintenance.
  • To pay for gas, electricity or broadband charges that the Owner believes to be due to excessive use.
  • Not to smoke or allow animals in the Property.
  • Not to charge any Guest’s electric or hybrid vehicle at the Property and not use any domestic power socket at the Property to do so as this may cause safety and damage at the Property.
  • Not to do anything to void any insurance policy on the Property.
  • To observe any general rules and regulations applying to the Property and in particular read and follow the guidance regarding fire hazard and safety.
  • To leave the Property in the condition in which you found it on entry.
  • Not to part with possession of the Property, or share it, except with those shown on the Booking Form.
  • Not to sell or transfer the booking to another party without the Owner’s prior written agreement (agreement at the Owner’s absolute discretion).
  • Not to exceed the total number of people stipulated in the Property description.
  • To respect our staff and contractors. Any personal abuse, derogatory or inappropriate language is not tolerated and could result in immediate termination of the holiday.
  1. ELIGIBILITY
  • All persons booking a Property must be over the age of 21 years. Bookings cannot necessarily be accepted from all male or all female parties more than 2 in number, or for groups of 3 or more single people under 21 years of age. Stag or hen parties are not permitted.
  1. EXTRA PERSONS
  • Under no circumstances may the number or names of persons occupying the Property differ from what is indicated on the Booking Form. The accommodation is let for the specified number of Guests only. The name of each occupant is to be listed on the Booking Form together with the ages of those under 21 years and there is to be no alteration to this list without the prior consent of the Owner. A cot may only be occupied by a child aged 30 months or under.
  1. REBOOKING
  • We hope you have a lovely holiday and love our Guests to rebook. We do offer Guests a short priority period to rebook their equivalent week which is offered at our absolute discretion.
  1. WEBSITE DETAILS
    • We aim to ensure that the particulars as they appear on the Website are true and accurate. Whilst every effort has been made to describe the Property as fully as possible, the Owner cannot be held responsible for any disappointment caused where a Guest has differing expectations to those in the description. In any event, You acknowledge that minor differences may arise between our photographs, illustrations and descriptions of the Property and the actual Property.
  1. OTHER
  • We reserve the right to alter or withdraw amenities or facilities or any activities without prior notice where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond our control.
  • The Owner cannot accept responsibility for work taking place outside the boundary of the Property nor for any noise or nuisance arising from works over which the Owner has no control.
  • The Owner cannot accept liability for events that occur outside their control, such as normal breakdown of domestic appliances, plumbing, wiring or damage resulting from exceptional weather conditions. Once advised of a problem, immediate action will be taken to try to effect a speedy solution, minimising inconvenience caused. Complaints/problems should be reported to the Owner as soon as possible during occupation of the Property. Any complaints received on departure or when you return home cannot necessarily be dealt with, as it may not be possible to correct or investigate effectively at that time.
  1. CHANGES TO TERMS
    • We may need to update our terms and Booking Conditions from time to time. You can find the latest version on our website.
    • If we make a significant and material change to our Booking Conditions after you’ve booked, we will where possible honour our previous conditions or, if this is not possible, we will give you the option of cancelling. If you’re not happy with our Booking Conditions or have any questions about them, please contact us. Otherwise, we will assume you have accepted these terms.
  1. LIABILITY
    • Nothing in these Booking Conditions shall limit or exclude the liability of the Owner for death or personal injury resulting from its negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
    • Subject to condition 20.1 above, all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract.
    • Subject to condition 20.1 above, the Owner shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or for any loss (either direct or indirect) of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
    • Subject as stated in condition 20.1 above, the aggregate liability of the Owner to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the Contract shall be limited to damages not exceeding three times the total amount of the Rental Fee received from you.
  2. BREACH OF CONTRACT
    • Breach of any of these Booking Conditions shall entitle the Owner to resume possession forthwith and to terminate the holiday rental. We reserve the right to terminate a Contract without prejudice to any rights and remedies accrued by the Owner or You which shall remain following termination and ask You and your guests to leave the Property immediately if it is deemed necessary as a result of your behaviour or that of any of your Guests or any other material breach of these Booking Conditions.
  • In the event that your Contract is terminated in accordance with condition 21.1, the Owner reserves the right not to refund to You any part of the Rental Fee in respect of the shortened Rental Period.
  • Any person who is not a party to this Contract shall not have any rights under or in connection with it.
  1. DATA PROTECTION AND PRIVACY NOTICE
  • We will comply with the Data Protection Act 1998 and any directions issued by the Information Commissioner in the processing of such personal data.
  • You agree that We may process your personal data in this way and may need to pass your personal data on to third parties and organisations who need to know them so that the Booking can be provided.
  • You agree that We may also process and store your personal details for its own administration, market analyses and operational reviews.
  • You have the right under the Data Protection Act 1998 to obtain information about You held by Us. Should you have any queries regarding this right or your personal information please contact Us.
  • A copy of our Privacy Notice is available on the website or by post upon request.
  1. VALIDITY
  • Invalidation or voiding of any clause or wording in this contract shall not invalidate any other clauses which shall remain in full force.
  1. GOVERNING LAW AND JURISDICTION
  • The contract shall be governed by English Law and any dispute shall be governed by the non-exclusive law and jurisdiction of the English Courts.

 

Updated – May 2022