Terms of business for Fabulous Stays, part of Cornish & Devonshire Cottage Holidays
Booking terms and conditions in force from 1 January 2015

These are the terms under which we will make a booking for you. We, Cornish Cottage Holidays Limited (trading as Cornish & Devonshire Cottage Holidays, Cornish Cottage Holidays, Devonshire Cottage Holidays and Fabulous Stays), arrange bookings as the agent of the owners of a property. You can get the owner's full name and address details from us.

When you book a property through us, you enter into a contract with the owner of that property. As we only act as agents when taking your booking, we are not legally responsible for any contract you enter into for the accommodation, or for anything which the owner, or other person connected with your booking, does or fails to do.

The contract between you and the property owner does not create a tenancy agreement between you and them.

Any specific owners' terms (which you can get from us) and the booking conditions will apply to your booking. You should read these carefully as they contain important information about your booking.

These terms of business are governed by English law. However, you can choose for them to be governed by the laws of Scotland or Northern Ireland if you prefer.

Booking and holiday details

We aim to make sure that the information owners give us is quoted accurately on our websites and in other promotional material we produce. There may be small differences between the actual property and its description. This is mainly due to owners trying to improve their properties.

Although we do everything reasonably possible to make sure descriptions and prices quoted are accurate, mistakes sometimes happen. You should check all the details of your chosen property with us (including the price, grading and suitability) before making the booking.

We will send you a written confirmation invoice by post or email.

  • If you book online, we will send you the confirmation invoice by email.
  • If you book by post or phone, we will send you the confirmation invoice by email, unless you tell us at the time of booking that you would prefer us to post it to you.

You are responsible for checking your emails regularly and letting us know about any change to your email address. When you receive your confirmation invoice, please check that all the details shown are correct. If there are any mistakes, you must tell us within seven days.

We will give the property owner the names and ages of everyone who will be staying in the property.

Problems sometimes mean that some facilities or services become unavailable or restricted. If this happens, we will tell you as soon as reasonably possible after we find out about the situation.

We do everything reasonably possible to make sure that the information we give you about the property and its facilities and services is accurate and complete.

We are not responsible for any inaccurate, incomplete or misleading information about any property, facilities or services unless this is due to our negligence. We will do our best to tell you about any changes or inaccuracies in any information we have provided as soon as is reasonably possible.

As we are only an agent for the owner, we are not liable for anything which the owner, or anyone representing or employed by them, does or fails to do. Also, we are not liable for any faults with or in a property as all properties are controlled by the owners.

Payment

When you make your booking, you will need to pay our booking fee and a deposit. We will send you a confirmation invoice as soon as possible. This will show your booking details and the remaining amount (if any) which you must pay by no later than eight weeks before the start of your stay.

If you book less than eight weeks before your arrival date, you must pay the full cost of the holiday when you make the booking.

If you do not pay in full on time, we will tell the owner. They may cancel your booking and charge a cancellation fee of up to the total cost of the holiday.

All prices advertised or quoted to you include VAT where appropriate.

After we have confirmed your booking (by sending you a confirmation invoice) we can charge you for all costs or charges the owner makes to us.

Service charges

If you make any payments by credit card, we will make a charge of 2% of each payment to cover the charges we have to pay to the credit card company.

The total cost of your holiday includes a booking fee. You must pay this when you make your booking. The fee is for each booking, regardless of the number of people who will be staying in the property.

Cost of holiday

Booking fee

£35 (discounted to £25 for short breaks of 5 nights or less)

Cancellations and amendments

If you make your booking more than eight weeks before the arrival date, you can cancel your booking or make changes to it up to seven days after we issue your confirmation invoice. If you make your booking within eight weeks of the arrival date, the following will apply.

a. If you want to change any detail of your confirmed booking, you must request this by sending us a letter or email setting out the change. We will do our best to make the changes, but we cannot guarantee that the owner will be able to agree to it.

b. If you want to change property or the date your holiday starts or ends, this change may have to be treated as cancelling one booking and making another. In this case, you may have to pay cancellation charges. These could be as much as the total cost of your booking. We will tell you if this would be the case when you ask for the change.

c. If you want to cancel your booking, you must contact us as soon as possible and confirm this in writing. You will still need to pay the balance of the holiday. We will try to sell your booking to another customer, either at the full cost or a reduced price decided by us. If we manage to sell your booking to another customer, we will give you refund equal to the amount we receive for the booking, less any booking fees. We strongly recommend you take out cancellation insurance. You can arrange this yourself or through us.

Complaints procedure

Every effort has been made to make sure that you have an enjoyable and memorable holiday. Because the contract for your accommodation is between you and the property owner, if you have any complaints you should contact the owner, or their representative, as soon as possible. The owner's or representative's details will be shown on your confirmation invoice. You should also contact the owner or their representative if any problems arise during your stay, so that they can be solved as soon as possible.

Discussing problems or complaints with the owner or their representative while you are staying in the property will usually allow issues to be sorted out straightaway. In particular, problems that may be temporary or can be quickly sorted out (for example, issues about the cleanliness of the property) can only be investigated if you report them during your stay. If you cannot contact with the owner or their representative, or you are not happy with their response to your complaint, you should contact us immediately.

If, after going through the procedure above, you feel that your complaint has not been settled to your satisfaction, you must send our Customer Service Department your complaint in writing. To do this, send an email to

customerservice @cornishcottageholidays.co.uk

or write to:

Customer Service Department,
Cornish & Devonshire Cottage Holidays,
Unit 9a, Barncoose Gateway Park,
Cornwall, TR15 3RQ.

This complaints procedure is designed to make sure that complaints can be investigated and settled as soon as possible. If you do not follow this procedure, or you leave the property early without giving the owner the opportunity to solve the problem, it may affect your right to claim compensation which you may otherwise have been entitled to.

If the matter cannot be settled, you can refer it to the arbitration scheme arranged by ABTA. See their website at www.abta.com.

Protecting your information

We will always keep to the Data Protection Act 1998 when collecting, storing and using information (data) provided to us by customers and potential customers.

To process your booking we need to collect certain personal details from you (for example, the names, ages and addresses of people who will be staying in the property with you, payment details and any special requirements such as those relating to any disability or medical condition). We may need to pass your personal details to the people and organisations who need to know them (for example, the owner and anyone who has a key for the property, other suppliers, your credit-card or debit-card company or bank, and the insurance company if you buy travel insurance through us).

We also need to process and store your personal details for our own business purposes.

We would also like to store and use your personal details for marketing purposes (for example, sending you details of our promotions and offers which may be of interest to you). If you do not want us to contact you for marketing purposes, let us know. Only names, contact details and any booking preferences will be used for marketing purposes, unless we tell you otherwise when you provide information.

We may record or monitor phone calls for staff- training purposes.

ABTA

We are a member of ABTA (membership number P5021). As a member we must maintain a high standard of service and keep to ABTA's Code of Conduct.

As we are a member of ABTA, you have access to an arbitration scheme for settling disputes arising out of, or in connection with, the services we provide. The arbitration scheme is arranged and managed by ABTA. The arbitration scheme cannot be used for claims of more than £5,000 per person or £25,000 per booking. It also cannot be used for claims which only relate to physical injury or illness, or their consequences. (For such claims, you can go through the ABTA Mediation Procedure if we agree to this.) However, the scheme can deal with compensation claims partly relating to minor injury or illness if the amount the arbitrator can award for that part of the claim is no more than £1,500 per person.

If you want to use the arbitration scheme you must contact ABTA within 18 months of the date you return from holiday. After this time, you may still be able to use the scheme if we agree, but the ABTA Code of Conduct does not state that we have to agree to this.

You can get more information on ABTA's Code of Conduct and how they can help you on their website at www. abta.com.

1. Your booking

We can only accept your booking if the property you want is available on your chosen dates. You must be at least 18 at the time of the booking.

We do not accept bookings from large groups of people who are not related (for example, hen and stag parties). By making the booking, you are confirming that you are authorised to do so and that all the people staying in the property with you agree that these conditions will apply to the booking. You are responsible for making all payments due.

Your booking is considered to be for a personal holiday and not in connection with a business. The owner will not be liable for any expenses, costs, losses, claims or other amounts relating to any business.

When we send you a confirmation invoice, this is proof that the owner has entered into a legally binding contract with you. These booking conditions form part of that contract. The owner has the right to refuse any booking before we issue your confirmation invoice. If this happens, we will tell you in writing and refund any money you have paid. We will have no other legal responsibility to you.

2. Pricing

The prices owners charge are constantly reviewed, and the price of any property that has not been booked can be increased or reduced at any time.

If we discover a mistake in the price quoted for your booking, we can correct the mistake at any time. We will tell you about the correction as soon as possible. If the corrected price is higher than the original price quoted, you can cancel the booking and receive a full refund of any amount you have paid.

3. Cancellations or changes made by the owner

We do not expect the owner to have to cancel or make changes to your booking, but this may happen if any problems arise or mistakes have been made on websites or in other details. If this does happen, we will contact you on behalf of the owner to tell you about the cancellation or change and explain the reason for it.

If a significant change has to be made or your booking has to be cancelled, where possible we will offer you a similar property in a similar location. You will have to pay the advertised cost of the alternative property. If we cannot offer you a suitable alternative, or you do not want to accept an alternative property we have offered, you will receive a full refund of all amounts you have paid.

If the owner has to make a minor change (that is, a change which could not reasonably be expected to have a significant effect on your holiday), you will not be entitled to an alternative property or to cancel your booking without paying the normal charges as set out in these conditions.

4. Cancellations or changes made by you

If you want to cancel your booking you must contact us. We will try to sell the booking to someone else on your behalf. You will stay liable for the full cost of the holiday until the booking has been sold.

5. Circumstances beyond the owner's control

Except where these conditions state otherwise, the owner will not be liable for any change or cancellation needed as a result of unavoidable circumstances beyond their control, such as fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property (other than that resulting from our or the owner's negligence). We and the owner will not pay any compensation, expenses, costs or other amounts (including the cost of you booking alternative accommodation) in such circumstances.

We have the right to refuse your booking or cancel it if we have to do so by any law or government regulation.

6. Property details

The owner cannot accept responsibility for any changes to or closures of local services or attractions mentioned in the brochure or on our website, or advertised elsewhere.

If Wi-Fi is an advertised service, whether or not it is available depends on network conditions. It may not be available 24 hours a day and is provided for pleasure, not for business. We do not accept bookings that rely on having uninterrupted Wi-Fi. We are not responsible for any mobile phone networks and you should check with your provider to make sure you will have a signal at the property if this is important to you.

7. Liability

The owner will not be liable for any death or personal injury unless this results from their negligence. You must take all necessary steps to protect your personal belongings. The owner will not be liable for damage to, or loss of, your personal property unless the damage or loss is caused by their negligence.

8. Your holiday accommodation

You can arrive at the property on or after the time stated on your confirmation invoice (usually 4pm), and you must leave by 10am on the last day, unless you arrange otherwise.

Your confirmation invoice may state that you must contact a certain person three days before the start of your holiday to give your approximate time of arrival. If you do not arrive by 12pm (midday) on the day after the start date of your holiday, and you had not told the person named on the confirmation invoice that this would be the case, your booking may be treated as if you had cancelled it. In this situation you will not get a refund of any money you have paid.

8 a. Security deposits

The owners of some properties ask for a security deposit. If this applies to your chosen property, this is a direct arrangement between you and the owner. We will give you details of the deposit - how much it is, how and when you should pay it, and how and when it will be returned (less costs for any breakages, damages and so on) - when you make the booking.

8 b. Looking after the property

You and everyone staying in the property with you must keep the property clean and tidy and leave it in a similar condition as you found it when you arrived. You and everyone staying in the property with you (your holiday party) must not use the property for any illegal purpose or business purpose, including subletting the property. You are responsible to the owner for the actual costs of any breakage, loss or damage, along with any extra costs arising as a result, caused by you or any member of your holiday party. The owner can invoice you to cover any such costs.

8 c. Possession of the property

The owner is entitled to refuse to let you stay in, or continue staying in, the property if they reasonably believe that any damage is likely to be caused or has been caused by you or any member of your holiday party.

You must not do the following.

  • Allow more than the number of people stated on our website to stay in the property, or significantly change the members of the holiday party during your stay.
  • Arrange for visitors to come to or stay at the property, unless you have permission from the owner.
  • Hold events (such as parties, celebrations or meetings) at the property, unless you have the owner's permission.
  • Take a pet into the property, unless your confirmation invoice shows that you have arranged this.

If you do any of these things, the owner can refuse to let you stay in, or continue staying in, the property. If this is the case, you will be considered to have cancelled the booking. You will not get a refund of any money you have paid for your booking and the owner will not have any liability to you (including for any extra costs or expenses you have to pay for alternative accommodation or travel arrangements). Also, the owner does not have to find any alternative accommodation for you.

8 d. Property conditions

Any individual property conditions will be shown on your confirmation invoice. If you are not happy about any of the conditions, contact us immediately.

8 e. Pets

If you are allowed to take a pet with you to the property, you must keep it off the beds or chairs and must not leave it alone in the property. Guide dogs and hearing dogs are allowed in all properties, even where the property description states that pets are not allowed. You should bear this in mind if you have allergies. The owner will not be liable for any symptoms you suffer from as a result of animals having been in the property.

8 f. Access to the property

You must give the owner and any representative of theirs, including workmen, access to the property at any reasonable time (except in an emergency or where a problem needs prompt action, in which case the owner can enter the property at any time without giving you notice).

The owner is not responsible for the area surrounding the property.

9. The law

Any dispute, claim or other matter relating to your booking will be governed by English law and will be dealt with by the courts of England and Wales.

10. Your rights

Nothing in these conditions affects the rights you have by law.

11. Previous conditions

These booking conditions replace all previous versions, and they may be replaced by future versions.

Fabulous Stays
© Cornish and Devonshire Cottage Holidays 2019