terms & conditions
The Property
Apartment 19, Ocean Gate
1 Esplanade Road
Newquay
Cornwall
TR7 1PY
The Rent
If you are booking directly with us a 30% booking deposit must be paid immediately on the confirmation of the hire of the apartment.
The balance to be paid 6 weeks before the arrival date.
Any bookings made less than 6 weeks before the arrival date must be paid in full.
If you book via a partner site such as booking.com our payment terms are as laid out there.
Security Deposit
A separate security deposit of £250 is required to be paid 7 days before the scheduled arrival date.
The Keys
One full set of keys are provided for the property and will be located in a key safe, details of which will be sent to you following receipt of the Security Deposit
The Inventory
The Inventory means the list of Owner’s possessions at the Property
Details of the Property Manager
Victoria Booth
Hasslefree Cleaning and Property Management
Mobile 07984 854475
eMail hasslefreecleaning@gmail.com
1 General
1.1 In this Agreement any reference to the masculine includes the feminine.
1.2 This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the [Housing Act 1988 Schedule 1 paragraph 9 and the Tenant acknowledges that this Agreement shall not confer on the Tenant any security of tenure within the terms of that Act.
1.3 Where the Tenant comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.
2 Condition of Property / Inventory
2.1 Before you arrive the property will have been cleaned and the inventory checked. Discrepancies and any damage found should be reported within 24 hours of arrival to the Owners or their Representative, the inventory will otherwise be deemed to be correct. Losses, damage or any cleaning necessary over and above normal servicing, will be invoiced to you on or as soon after departure as possible.
3 The Security Deposit
3.1 The Tenant must pay the Security Deposit specified above to the Owner with the Rent, to be held by the Owner until the end of the Term as security towards the Tenant's liability for any damage or loss.
3.2 The Security Deposit shall be refunded to the Tenant (without interest) within two weeks following the departure date, after deduction of such sums that may be due to the Owner from the Tenant as a result of any breach of the Tenant's obligations.
4 Cancellation
4.1 If you book directly with us the following cancellation conditions apply. The Tenant may cancel the booking at any time, all cancellations must be communicated to the Owner in writing and take effect from the date received by the Owner. In the event of a cancellation the following charges become applicable:
Less than 2 weeks prior to the arrival date: 100% of the full cost
Between 2 and 6 weeks prior to the arrival date: 75% of the full cost
Between 6 and 8 weeks prior to the arrival date: 50% of the full cost
If more than 8 weeks notice is given the Owner will provide a full refund minus any actual costs incurred to that point.
In the event that we are able to rebook the property we may be able to refund part or all of your balance.
4.2 The Owner reserves the right to make changes at any time, and if this includes cancellation of the booking for reasons of force majeur or any other reason that makes the property unfit for rental, the Tenant will have the choice of either allowing the Owner to find an alternative date, or of cancelling the booking and accepting a full refund of all monies paid. The Owner will not liable for any consequential loss or incidental expenditure resulting from such a cancellation of the booking.
4.3 If you book via a partner website such as booking.com the cancellation conditions are set out there.
5 Insurance
5.1 It is the responsibility of the Tenant to arrange insurance for their personal possessions. The Owner does not accept any liability for theft of, loss of, or damage to the Tenant's personal possessions We strongly recommend that guests arrange adequate travel insurance for cover in case of cancellation.
5.2 At all times throughout the Term the Owner shall effect suitable building insurance cover for the Property and shall insure the Owner's fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
5.3 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Owner for the Property and the Owner's fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
6 Quiet Possession
6.1 The Owner agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.
7 Underletting
7.1 The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.
8 Use of Property
8.1 The Tenant shall use the Property for the purpose of a private holiday residence for a maximum of ‘agreed’ persons only and not for any other purpose whatsoever and the Tenant must not use the Property or any part of it for any improper, immoral or illegal purposes.
9 Advertisements
9.1 The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.
10 Nuisance
10.1 The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Owner, other tenants or any neighbours.
10.2 The Ten ant shall not (nor allow others to) hang or dry wet suits or any other clothing, including towels, over the balcony.
11 Damage
11.1 The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.
11.2 The Tenant is liable for the full cost of any damage caused to or within the property during the letting. Any such damage will be deducted from the Security Deposit. The Tenant acknowledges that this does not limit their liability for damages in excess of this amount. The cost of any damage will be invoiced to the Tenant on or as soon possible after departure as possible by the, the Owner or their Representative.
12 Alterations to Property
12.1 The Tenant shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow others to) remove any of the items specified in the inventory or any of the Owner’s possessions, from the Property.
13 Maintenance
13.1 The Tenant shall keep any fixtures, fittings and effects of the Owner in good repair and condition, reasonable wear and tear and damage by accidental fire excepted.
13.2 The Tenant must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
13.3 The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
14 Outgoings
14.1 The Owner must pay all the water and sewerage charges and any rates or taxes levied in respect of the Property.
15 Pets
15.1 The Tenant shall not keep or allow pets of any kind at the Property. If it is reported that there is a pet at he apartment during your stay you may be asked to leave immediately. There is no refund under these circumstances as you will be in breach of these Ts & Cs
16 Smoking
16.1 The Property is a NO SMOKING property, should anyone smoke in the property and this is apparent at changeover the Owner reserves the right to charge the Tenant a cleaning fee for the deep clean of furniture and fabrics.
17 Barbeques/ open fires/ naked flames
17.1 Barbeques, open fires and naked flames, for example candles, are not permitted anywhere on the Property or in any of the communal areas.
18 Reporting Disrepair
18.1 The Tenant must report to the Owner, or their Agents, any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances, as soon as practical after such disrepair or defect is noticed.
19 Call Out
19.1 The Owner reserves the right to charge the Tenant for any call out where the reason for the call out could have been resolved by phone, or the Tenant has caused damage that requires immediate attention.
20 Rights of Access
20.1 The Tenant must allow the Owner, his Agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Owner's repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant's breach of any covenant contained in this Agreement regarding repair, maintenance or decoration.
21 End of the Term
21.1 The Tenant must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.
22 Complaints
22.1 Complaints must be reported immediately to the Owner, or their representatives, thereby giving the Owner the opportunity to rectify any genuine problem as quickly as possible during the stay. If the problem can not be rectified during the stay, the Tenant must write to the Owner within 28 days of the departure date giving full details of the complaint.
23 Safety Regulations
23.1 The Owner confirms that all furniture and furnishings comply with the relevant fire safety regulations.
23.2 The Owner shall ensure that all appliances, flues and installation pipe work in the Property are maintained in accordance with the relevant regulations.
24 Public Indemnity and Public Liability
24.1 The Owner and/or the Property Management Company do not accept any responsibility or liability for acts of omission of third parties, which may prevent or disrupt a customers booking. The booking contract exists between the Owner and the Tenant and is limited to the rental of the Property and associated facilities only. The information and descriptions supplied are believed to be accurate and are offered in good faith. It may be possible that certain facilities or features may not be available on occasions due to circumstances beyond the Owner’s control for which the Owner and/or the Property Management Company accepts no liability. In addition, no liability can be accepted by the Owner and/or Property Management Company for any injury, loss or damage to the Customer, any member of the Customers party or any visitor to the Property arising out of or in connection with the use of the Property or Facilities.
25 Force Majeure
25.1 The Owner will not be liable or accountable for any unforeseen situations or unforeseen circumstances. This may be such situations as freak weather conditions, local or national strikes, etc. or anything out of the ordinary.
26 Consequences of Breach
26.1 Any breach of this Agreement could result in you being asked to leave the apartment immediately forfeiting any monies paid including your security deposit.