Terms & Conditions
HOUSE RULES
Whilst using the Property, please adhere to the following House Rules:
- You are responsible for the supervision of all members of your party at all times especially those under the age of 18.
- Please respect our neighbours and keep noise levels to a minimum at all time and especially between the hours of 10pm and 8am.
- Smoking (including e-cigarettes and vapes) is not permitted inside the Property.
- Cigarette butts are litter. Please dispose of them accordingly and safely.
- No unauthorised visitors are allowed to stay at the Property. If you wish to invite additional visitors during your stay, please contact us.
- Where an animal has been permitted, you must not leave it unattended at the Property.
- Fire risks including candles, firepits, fireworks, barbecues and lanterns are not permitted at the Property.
- Equipment being electrically charged should not be left unattended.
- Drones and unmanned vehicles are not to be used on or from the Property without permission.
- You are not permitted to use domestic power sockets to charge an electric or hybrid vehicle, including electric bikes and scooters.
BOOKING TERMS AND CONDITIONS
Please read these terms and conditions carefully as they contain details of our mutual obligations to one another. These Conditions govern all bookings from 23rd March 2024 onwards made by You (the lead booker named on the booking paperwork) with Ebenezer Falmouth Ltd.
- DEFINITIONS
When the following words with capital letters are used in these Terms, this is what they will mean:
Arrival Date
the date and time on which your Booking will begin and the Property will be made available to you.
Balance Due Date
Eight (8) weeks before your Arrival Date.
Booking
the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date.
Booking Confirmation
the written acceptance, by us, of the Booking Reservation which may include more information such as details around arrival and departure, directions, House Rules etc.
Booking Deposit
50% of the Booking Price which is required when making your Booking Reservation.
Booking Fee
a fee of 5% which is charged in accordance with clause 7.
Booking Price
as set out on our Website and confirmed in the Booking Confirmation.
Booking Reservation
your request to book a Property.
Business Day
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Contact Details
the details found on the Contact Us page of our website.
Departure Date
the date and time on which your Booking will end and you must vacate the Property.
Events Outside of the Parties’ Control
as defined in clause 9.
Group
the named individuals attending the Property subject to these Terms.
House Rules
a separate document provided to you at the time of the Booking Confirmation and therewith forming our contract.
Permitted Pets
any dog attending the Property (other than assistance animals) which has been included in your Booking Confirmation. No animals are permitted except by prior agreement and arrangement.
Property
the property provided for holiday letting purposes, details of which have been made available on the Website and includes the outside spaces belonging to the Property.
Security Deposit
a fee will be taken prior to the Arrival Date and held throughout the duration of the Booking in case damage is caused to the Property.
Terms
the terms and conditions on which your Booking is supplied to you (also referred to as Booking Terms), being this agreement and any other documentation referred to in this agreement which constitute our overall contract.
Website
www.ebenezerholidays.co.uk together with other listing websites which may be used by us from time to time.
We/our/us
Ebenezer Falmouth Limited
Dove House, Empire Way, Falmouth, Cornwall TR11 4SN
You/your
the individual who makes the Booking Reservation, who must be over the age of 18.
If any of these Terms conflict with any term contained within the Booking Confirmation, these Terms will take priority.
- OUR CONTRACT WITH YOU
2.1 Please ensure that you read these Terms carefully and check that the details on the Booking (including the Arrival Date and time, number of guests, etc) are complete and accurate before you submit the Booking Reservation.
2.2 These Terms will become binding between us once we issue you with the Booking Confirmation.
2.3 Your Booking is accepted only once we issue a Booking Confirmation.
2.4 The maximum number of people who can stay in the Property under the terms of the Booking will be confirmed in the Booking Confirmation.
2.5 You agree not to arrive at the Property before the Arrival Date and to depart from the Property no later than the Departure Date. The Property will not be available at any time outside of the times reserved by you and set out in the Booking Confirmation and you may be charged if you do not leave by the agreed time on the agreed Departure Date.
2.6 All illustrations, photographs and other imagery displayed are for illustrative purposes only and décor and layout are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
2.7 As lead for the Group, you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.
2.8 The Property is provided for holiday letting purposes only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any of the following:
2.8.1 a tenancy;
2.8.2 the right to sub-let the Property in part or in whole;
2.8.3 an assured shorthold or tenancy (AST); or
2.8.4 any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.
- ENJOYING THE PROPERTY
3.1 Access to the Property is subject to adherence to these Terms and House Rules, which are contained in a separate document and form part of these Terms.
3.2 Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage, guidance on use, safety or operational instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.
3.3 You shall take proper care of the Property and its contents during your Booking. You may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which they are found at your Arrival Date. You shall report to us any damage, destruction, loss, defect, or disrepair affecting the Property as soon as it comes to your attention, to allow us to investigate and take steps to rectify where deemed necessary.
3.4 Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity. Nor will we be held responsible for any injury or loss incurred by you in respect of any incident arising from a malicious or other kind of internet attack.
3.5 Any recommendations for third party services, establishments and amenities made by us are our personal recommendations only and do not guarantee any level of service or quality.
3.6 It is your sole responsibility to ensure that the Property is suitable for you and your Group’s needs ahead of making your Booking Reservation.
3.7 We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, in contravention to the contract, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property.
3.8 We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople), reserve the right to enter the Property at any time as deemed reasonable for the purpose of inspection or to carry out any repair deemed necessary to the Property or its contents.
3.9 All belongings and vehicles are left at the Property at your own risk. Please ensure all your belongings are removed by the Departure Date as the return of any of your lost property cannot be guaranteed and, where possible, will incur charges to post to you.
3.10 You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the Property (indoors or anywhere on the Property). Information regarding the nearest public charging points will be made available where possible.
3.11 Third party providers (e.g. caterers, private chefs, entertainers etc.) are not permitted at the Property without our prior written permission.
3.12 The use of amenities and equipment, where made available, is entirely at your risk and We shall not accept responsibility for loss or damage to you or your belongings. Availability of such amenities and equipment cannot be guaranteed and no remedy will be offered in their absence.
- PETS
4.1 Only Permitted Pets or registered assistance animals are permitted to stay in the Property.
4.2 Where pets that are not permitted but have been brought with you for the Booking, we reserve the right to request immediate departure.
4.3 We reserve the right to refuse admission or request immediate departure from the Property to anyone who their Permitted Pet is considered to be, in our sole discretion, a nuisance or danger to others. No refund will be due.
4.4 You will be liable for any damage caused by animals or parasites introduced by your Permitted Pets.
4.5 We are not liable for any allergic reaction that may be considered to have been caused by the presence of pets in a previous occupancy.
- PRICE AND PAYMENT
5.1 The Booking Price will be based on your Booking Reservation and confirmed in your Booking Confirmation.
5.2 Where your Booking Reservation is before the Balance Due Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.
5.3 Where your Booking Reservation is made after the Balance Due Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
5.4 No entry to the Property will be permitted where payment of the full Booking Price has not been made.
- OUR LIABILITY TO YOU
6.1 We make the Property available for domestic and private use only. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.2 We do not have any responsibility or liability to you for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.
- YOUR RIGHTS TO CANCEL AND REFUND
7.1 We recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.
7.2 You may cancel a Booking before the Arrival Date by contacting us in writing using the Contact Details. The time and date of the cancellation is when we receive written notice from you.
7.3 Cancellations made more than 8 weeks before Arrival Date will be fully refundable via the original method of payment less the Booking Fee.
7.4 We will confirm your cancellation with you in writing and notify you of any refund due to you at that time.
7.5 If you cancel your Booking within 8 weeks of your Arrival Date, we will refund only 20% of the value of the Booking.
7.6 Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you.
7.7 If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to arrive for your Booking this will be regarded as a cancellation on the Arrival Date and will not be refundable. Self-isolation, quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown and delays with public transport will all be treated as cancellation by you in accordance with this clause.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 In the unlikely event that we have to cancel your Booking before the Arrival Date of your Booking, we will promptly contact you.
8.2 If we have to cancel a Booking under clause 8.1 and you have made any payment in advance for your Booking that has not been provided to you, we will refund these amounts to you in full.
8.3 We may cancel your Booking at any time with immediate effect by giving you written notice if you:
8.3.1 do not pay us when you are supposed to; or
8.3.2 breach the contract in any other way including, but not limited to, any of the terms of Clause 3 or the House Rules. We shall not be liable for any refund if we cancel the contract under this clause.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our Privacy Policy which can be found on our website.
- CHANGES TO BOOKING OR TERMS
10.1 We may revise these Terms from time to time.
10.2 If we have to revise these Terms under clause 10.1, we will give you at least fourteen (14) days’ written notice of any changes to these Terms before they take effect, or as much notice as possible where your Arrival Date is less than fourteen (14) days before the date of the change.
10.3 If you wish to change the dates of your Booking or amend your Booking in any way, please contact us. We cannot guarantee that your requests will be accommodated and reserve the right to charge for administragive time and adjust relative to any differences in price.
- These Terms are governed by the law of England and Wales. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.