TERMS AND CONDITIONS
We’ve kept our terms and conditions as simple as possible. If you think anything is unclear, please just ask. We strongly recommend that you take out holiday insurance to cover all risks including cancellation, accident, breakdown, loss or damage to personal property. We cannot accept any liability for theft of, loss of or damage to the personal belongings of any Guest whilst staying at The Big Blue.
1.1. These terms and conditions (the “Terms”) apply to lettings of The Big Blue and form the basis of the contract between You (the Holidaymaker) and Us (the Owners).
1.2. You must be one of the Guests who stays at The Big Blue. You must be over 18 years old and You are responsible for making sure the terms of the booking are adhered to.
1.3. The Big Blue has a maximum occupancy of 10. Any booking of more than 5 Guests of the same sex will not be permitted unless agreed with the Owners in advance or unless those Guests are members of the same family.
1.4. We reserve the right to refuse a booking.
1.5. The Big Blue is let strictly for holiday use.
1.6. We will not be held responsible or liable for any loss or damage suffered by You or any Guest during your stay.
1.7. We will carry out most communication with You by email. The Owners’ contact details are firstname.lastname@example.org.
2. Definitions and Interpretation
The following definitions and rules of interpretation apply in these Terms:
Bank Account: the Owners’ Bank Account, details of which will be notified to You by Us in the Booking Confirmation.
Booking Confirmation: the confirmation of booking provided by email to You when a reservation has been accepted.
Booking Deposit: the deposit payable to secure a booking which shall be:
a) if the Booking Form is submitted 42 or more days prior to the Start Date, 20% of the Rental Fees,
(b) if the Booking Form is submitted less than 42 days prior to the Start Date, 100% of the Rental Fees.
Booking Form: the form that You will fill in online as part of the booking process or, if You are booking over the phone, by Us on Your behalf.
Booking Query: a query from You, whether by phone or by email, as to the availability of The Big Blue for rental for certain dates.
Facilities: the facilities available at the Property which are described on the Website.
Guest or Guests: the people that occupy the Property subject to these Terms.
Guest Directory: the pack of information made available at the Property.
Owners, We, Our or Us: Mrs Kate Eveleigh of Broom House, Bottom Lane, Seer Green, Bucks HP9 2UH and Mrs Amanda Maclellan of Bridge End, Gilbrook, Woodbury, Devon EX5 1LG
The Big Blue or Property: 116-7 Gwithian Towans, together with the fixtures, furniture and effects at the Property and its garden.
Rental Fees: the total amount due from You in respect of a booking of the Property including a charge for dogs (if any).
Rental Period: the rental period specified in the Booking Confirmation.
Security Deposit: the sum of £200, further details of which can be found at Clause 5 of these Terms
Start Date: the first day of the Rental Period.
You or Your: the person who makes the booking and is named on the Booking Form.
3. Booking rates
These are as published by Us on the Website and are subject to change from one year to the next.
4. The Booking and Payment Process
4.1. We agree:
4.1.1. That, on receipt of a Booking Query, and if The Big Blue is available on the requested dates, We will send You a Booking Form for You to submit.
4.1.2. That, on receipt of a Booking Form from and payment of the Booking Deposit by You a binding contract, incorporating these Terms, will come into existence.
4.2. You agree:
4.2.1. To pay the Booking Deposit to Us at the same time as You submit the Booking Form, payable by BACs to the Bank Account.
4.2.2. To pay the balance of the Rental Fees and the Security Deposit to Us at least 42 days before the Start Date, again payable by BACs to the Bank Account.
4.2.3. That, by submitting the Booking Form and paying the Booking Deposit and Rental Fees, You understand and agree that a binding contract will come into existence between You and Us and that You will be bound by these Terms and will ensure that all Guests are aware of and will comply with them.
5. Damages/Returnable Security Deposit
5.1. You agree that You are liable for any damages to The Big Blue during the Rental Period that has been caused by any Guest’s actions.
5.2. The amount needed to rectify any damage will in the first instance be deducted by Us from the Security Deposit.
5.3. You agree that the amount of the Security Deposit is not the limit of Your liability for damages in excess of this amount.
5.4. We agree:
5.4.1. to notify You of any deductions necessary pursuant to Clause 5.2 as soon as possible after the end of the Rental Period; and
5.4.2. return the Security Deposit (less any deductions necessary to cover damages pursuant to Clause 5.2 above) as soon as possible after the end of the Rental Period, upon receipt of Your bank details to enable payment to be made by BACS.
6. Cancellation of Booking
6.1 You agree that all cancellations shall be made in writing, either by email or by letter.
6.2. This Clause is subject to Clause 6.3. If You have to cancel, the following charges apply:
6.2.1. For cancellations 42 days or more before the Start Date, We shall retain the Booking Deposit;
6.2.2. For cancellations between 41 days and 28 days before the Start Date, We shall retain 60% of the Rental Fees;
6.2.3. For cancellations between 27 days and 14 days before the Start Date, We shall retain 80% of the Rental Fees;
6.2.4. For cancellations between 13 days and 0 days before the Start Date, We shall retain 100% of all Rental Fees.
6.2.5. We shall return the security deposit, in full, in all cases, subject to the detail above.
6.3. If advance notice of cancellation is due to COVID restrictions, We agree to offer alternative dates where available so that You can defer Your stay, or offer a full refund where as much notice as reasonable and no less that 48 hours’ notice has been provided.
In the unlikely event that The Big Blue is unavailable for the Rental Period, We will let You know immediately and, in the event that We cannot offer You acceptable alternative dates, We shall refund 100% of any Rental Fees.
8.1. Dogs, cats and pets of any kind are not allowed at The Big Blue without our express permission, to be requested by You in advance in the Booking Form.
8.2. Subject to Clause 8.1 above, up to two well-behaved and fully house-trained dogs are allowed at the Big Blue during the Rental Period.
8.3. You agree:
8.3.1. That at no time will dogs be allowed to sit/sleep on any furniture or beds;
8.3.2. That any dog mess in the garden will be cleared by You on a daily basis;
8.3.3. That You will vacuum The Big Blue on a daily basis to help keep it clean of dog hair etc;
8.3.4. That You will dry down dogs before they are allowed into The Big Blue; and
8.3.5. That You will not bring puppies into The Big Blue.
8.3.6. That You will be responsible for any damage and extra cleaning caused by the dog(s).
9. Our Obligations During The Rental Period
9.1. We agree;
9.1.1. that You may occupy The Big Blue during the Rental Period without any interruption from us.
9.1.2. that We will endeavour to ensure that the property is well maintained and is in good working order and will, if notified by You via email, text or phone if something isn’t working, we will endeavour to sort it out as quickly as possible and with the minimum of disruption to You.
9.1.3. to provide the Facilities at The Big Blue.
10. Your Obligations During The Rental Period
10.1. You agree:
10.1.1. to use The Big Blue as private holiday accommodation for no more than 10 people and to ensure that only those persons named on the Booking Confirmation are entitled to occupy The Big Blue. We reserve the right terminate without notice and without refund for breach of this condition.
10.1.2. to use The Big Blue in a reasonable and careful manner.
10.1.3. not to cause nuisance, damage or annoyance to the adjoining properties or their owners.
10.1.4. not to park more than two cars in the designated parking space in front of The Big Blue, and to keep those cars within the designated parking area allowing Our neighbours to access their properties.
10.1.5. not to smoke or vape at The Big Blue, whether inside the house or in the garden;
10.1.6. not to take the towels provided for Guest use to the beach
10.1.7. not to light or permit any open fire in The Big Blue or the garden
10.1.8. to report to Us, by phone, text or email any damage or defect affecting The Big Blue or any fixtures or fittings as soon as it comes to Your attention
10.1.9. to ensure that The Big Blue is kept clean during the Rental Period and is returned to a clean state prior to vacating it, similar to that found at the start of Your holiday, including dusting, vacuuming, cleaning bathrooms and kitchen and removing all rubbish.
10.1.10. to put out both the main rubbish bin and recycling containers for collection during the Rental Period, as per the Guest Directory.
10.1.11. to allow Us or our representatives to access The Big Blue during the Rental Period (upon reasonable prior notice) to conduct any necessary repairs.
11. Arrival and Departure Times
11.1. The Rental Period commences at 5pm on the Start Date.
11.2. You agree to vacate The Big Blue no later than 9am on the last day of the Rental Period.
11.3. Parking spaces cannot be occupied before 5pm on the Start Date or after 9am on the last day of the Rental Period.
12. Bed linen
Beds will be made up dependant on the number of Guests specified in the Booking Form. Spare beds will be left unmade.
13.1. You are entitled to occupy The Big Blue for holiday use only and by agreeing to these terms We will not give you any security of tenure under the terms of the Housing Act 1988 pursuant to which Your occupation of The Big Blue will be deemed to be by way of an excluded tenancy.
13.2. You agree that your booking is not an assured tenancy and that no periodic tenancy will start at the end of the Rental Period. As a holiday letting your Booking is excluded for the purposes of The Protection From Eviction Act 1977.
13.3. The Booking will be governed by the laws of England and Wales.
13.4. A person who is not party to this agreement cannot enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.