OCEAN HOLIDAYS CORNWALL LIMITED – BOOKING TERMS AND CONDITIONS

1. These terms
   • What these terms cover. These are the terms and conditions on which we arrange your booking. When you make a booking, we will arrange for you to enter into a contract with the relevant property owner. The contract is between you and the owner; we act solely as an agent for and on behalf of the owner.
   • Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide our services to you, what to do if there is a problem and other important information.
   • The nature of our services. We administer the booking of holiday accommodation. We do not hold any proprietary interest in the properties but merely act as agent for the owner of the property. The letting arrangements are made by us, on behalf of the property owner and the contractual relationship in connection with the letting is between the property owner and you.
2. Information about us and how to contact us
   • Who we are. We are Ocean Holidays Cornwall Limited, a company registered in England and Wales. Our registered office address is 7 West Stables, Foundry Lane, Hayle, TR27 4DW. We are VAT registered, with number: 340 5139 31.
   • How to contact us. You can contact us by:-
     • Telephone: 01736 806173;
     • Email: hello@oceanholidayscornwall.co.uk; or
     • Website: oceanholidayscornwall.co.uk
   • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
   • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Your booking
   • How we will accept your order. Bookings can be made on our website, via a third-party booking provider (such as Airbnb) or by telephone. Our acceptance of your booking will only take place when we have written to you to confirm it, at which point a contract will come into existence between you and the relevant property owner. You will be required to pay a deposit when booking.
   • If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the booking. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the property, for example.
   • We only provide services within the UK. Our website is solely for the promotion of our services in the UK.
4. Your rights to make changes

If you wish to make a change to your booking please contact us. We will let you know if the change is possible. We are under no obligation to accommodate such a request. If the requested change is possible we will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note that you will be required to pay an administration charge (the amount of which will be confirmed to you in advance at the relevant time) if a change can be accommodated.

5. Providing the services
   • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services. If so, we will ask you for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
   • Arrival and departure. Lettings generally commence at approximately 4:00pm on the day of arrival and terminate at approximately 10:00am on the day of departure (unless otherwise agreed in writing by us). However, we may need to alter this from time to time, should the circumstances demand it, and we shall notify you in writing ASAP should we become aware that this applies to your booking.

If you check out late without our agreement, and this hinders the performance of our services or causes us to incur costs, you shall have to pay us compensation equivalent to the costs we suffer as a result.

• Respect for the property. We may at our discretion provide you with a list of ‘house rules’ which must be abided by as a condition of your booking.

You must leave the holiday accommodation in the clean and tidy condition in which you found it on your arrival. A cleaning charge (which shall amount only to the costs we incur) will be levied on you if the property is left in an unacceptable condition (as reasonably determined by us) and we have to arrange for exceptional cleaning or repair work to be carried out.

If you have damaged the property or its contents then you shall be liable to pay the costs of repair or replacement, as appropriate, in full, which shall in include the cost of our time reasonably spent administering the replacement and/or repairs.

We shall notify you within 14 days, from the last day of your booking, whether we propose to impose any such charges and, if so, the reasons why.

• Your other obligations. You must not:-
  • allow pets into the holiday accommodation without our prior written consent.
  • charge an electric vehicle by any means without prior permission.
  • do any of the following in the holiday accommodation:
    • smoke or use ‘vapes’ or e-cigarettes (or similar).
    • Use fireworks.
    • Light candles.
    • Use illegal drugs or carry out or allow any other unlawful activity.
    • do anything analogous to the above.

If you do so, we will incur additional costs rectifying this damage to the property and you shall be liable for these costs in full.

• part with possession of the property, or share it, except with members of the party confirmed in the booking.
• move furniture or alter the interior layout.
• Use of excessive utilities including water, gas, oil and electricity. Excessive energy usage would be measured as a significant increase on the average use taking into account occupancy and the climate.
• sell or transfer the booking to anyone else without our prior written consent.
• cause any annoyance or nuisance to neighbouring properties. In the event that we receive a complaint about your behaviour or otherwise become aware that you have breached this requirement, we may ask you to leave the property immediately, without entitlement to a refund.

At least one of the booking party, and the lead or main person on the booking, must be over the age of 21.

You are not permitted to use the holiday accommodation for the purpose of a party or, in particular, stag or hen parties.

You must not exceed the stated sleeping capacity.

• Provision of cots and high chairs. Cots, where supplied, are travel cots and are only supplied with padded bases (not mattress). All cots will meet European safety standards. However, we are not able to, or responsible for, ensuring that the cot is erected for your arrival for health and safety reasons. All baby bedding and linen must be provided by you. If you wish to use a mattress in the travel cot it is your responsibility to ensure the mattress properly fits the cot. Cot dimensions can be provided on request. It is your responsibility to ensure that you are satisfied with the cot provided and, where applicable, the fit of any mattress and that the baby bedding you provide is safe and appropriate for use by your child.

The type of high chair type provided may vary from property to property but will meet European safety standards. It is your responsibility to ensure they are used correctly.

• Bore Holes and Septic Tanks. Some of our unique and remote properties have to rely on septic tanks to store toilet waste. It is important that you do not use bleach products where septic tanks are present as these can cause the septic tank to smell. Sanitary and baby products should not be put down the toilet but disposed of in a safe and hygienic way using the bins provided. Please be aware that in some extreme circumstances, bore holes have been known to run dry in spells of hot weather. Should this arise, you should contact us (in accordance with paragraph 8 below) and we will endeavour to manage the situation.

6. Cancellation
   • Your rights when you end the contract will depend on the circumstances:
     • If you want to cancel your booking because of something we have done or have told you we are going to do, see clause 2.
     • You do not have the right to change your mind, see clause 3.
     • Consequences if you wish to cancel the booking, see clauses 4 to 6.9.
   • Ending the contract because of something we have done or are going to do. If you wish to cancel for a reason set out below, the contract will end immediately and we will refund you in full. The reasons are:
     • we have told you about an error in the price or description of your booking and, as a result, you do not wish to proceed;
     • we cannot honour the booking because of events outside our control; or
     • you have a legal right to end the contract because of something we have done wrong.
   • You do not have the right to change your mind because the booking is for the supply of accommodation for a specific date or dates. This means you do not have the legal right to change your mind and receive a refund.
   • Consequences of cancellation. Even if we are not at fault, and despite the fact you do not have a right to change your mind, you can cancel your booking. However, please see clauses 5 to 6.9 below, which set out the consequences of you doing so.
   • If you wish to cancel, you must notify us of this in writing.
   • You may not be entitled to a refund. Whether you are entitled to a refund, and how much you are entitled to, will depend on whether we are able to secure a replacement booking, and the number of days before the booking start date we receive your notice of cancellation.
   • We shall try to secure a replacement booking for your booked dates.
   • If you have provided written notice of cancellation to us more than 12 months prior to the booking start date, you shall receive a refund of the booking price less the booking fee and any costs, fees or expenses we have incurred as a result of your cancellation, within 28 days.
   • If you have provided written notice of cancellation to us between 12 months and eight weeks prior to the booking start date, you shall receive a refund of the booking price less the deposit and booking fee and any other costs, fees or expenses we have incurred as a result of your cancellation, within 28 days.
   • If you have provided written notice of cancellation to us less than 8 weeks prior to the booking start date, the following shall apply, and you shall receive the relevant refund within 28 days of the replacement booking being confirmed by us to the replacement guest:-
     • If we secure a replacement booking for the dates you had booked, for the same price you agreed to pay or greater, you shall receive a refund of the booking price less the deposit; the booking fee; and, any other costs, fees or expenses we have incurred as a result of your cancellation, which shall include an administration fee for re-administering the booking.
     • If we secure a replacement booking for the dates you had booked, for a lower price than you agreed to pay, you shall receive a refund of the booking price less the difference between the price of your booking and the replacement booking; the deposit; the booking fee; and any other costs, fees or expenses we have incurred as a result of your cancellation, which shall include an administration fee for us re-administering the booking.

7. Our rights to cancel your booking
   • We may cancel your booking if you break the contract. Without limiting any general legal rights of termination available to the owner (or us on their behalf), we may cancel your booking at any time by writing to you if:
     • you do not make any payment to us when it is due and you still do not make payment within 14 calendar days of us reminding you that payment is due;
     • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
     • you otherwise fail to perform or comply with your obligations set out in these terms.
   • You must compensate us if you break the contract. If the contract ends because of the situations set out in clause 1, we will refund any money you have paid less any costs, fees or expenses we have incurred as a result of you breaking the contract, which shall include the booking fee and compensation of such amount as is necessary to cover any costs or losses we have incurred as a result of you breaking the contract.
   • We may cancel the booking if we can no longer offer the agreed services. We may write to you to let you know that we are unable to honour the booking due to exceptional circumstances or events outside of our control. In such circumstances we will refund you in full for money you have paid us.
8. If there is a problem with our services
   • How to tell us about problems. If you have any questions or complaints about our service, please contact us. Our contact details are set out in paragraph 2.2 above.
   • Neither us or the property owner are able to predict or prevent building or maintenance works (or other potential disturbances) at neighbouring or adjoining properties owned by third parties, and neither we nor the owner are liable to you for any compensation or refund in the event of the presence of any such disturbances.
   • Equally, we can offer no guarantees of the reliability or adequacy of the local Wi-Fi availability or performance at the holiday accommodation.
9. Price and payment
   • Where to find the price for the product. The price of the relevant holiday accommodation (which includes VAT) will be the price indicated on our website or confirmed by us over the telephone, and will be confirmed in our written booking confirmation.
   • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
   • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the bookings we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the booking’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the booking’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
   • When you must pay and how you must pay. We can only accept payments made by credit or debit card, BACS and telegraphic bank transfer.

When we accept your booking, you must pay:-

• A booking fee (the amount of which shall be confirmed to you in advance at the relevant time); and
• A 25% deposit.

You must then pay the balance of the booking price in full at least four weeks before the booking start date.

If you make a booking four weeks or less before the booking start date, you must pay the booking fee and booking price in full.

If you are liable for any additional charges, you must pay these to us in full within 14 calendar days.

10. Our responsibility for loss or damage suffered by you
    • As we are acting only as an agent for and on behalf of the owner, we have no liability to you under the contract between you and the owner.
    • We are only responsible to you for foreseeable loss and damage caused by us. We are not liable or responsible for any loss or damage you suffer connected with your booking unless it arises as a direct and foreseeable result of our own actions or omissions, or us failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
11. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
12. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law.