The following definitions and rules of interpretation apply in these Conditions: Booking Confirmation:the confirmation of booking provided by email to the Customer when a booking has been accepted. Booking Deposit: one-third of the Rental Fees, provided that the booking is submitted more than eight weeks before the first day of the Rental Period. Customer(s): the customer(s) booking holiday accommodation. Booking Fee: a non-refundable booking fee of £38 (including VAT). Classic Cottages: Classic Cottages Limited incorporated and registered in England and Wales with company number 1966317 whose registered office is at Leslie House, Lady Street, Helston, Cornwall, TR13 8NA. Event Outside Control: any act or event beyond Classic Cottages or the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine, or failure of public or private telecommunications networks. Guest(s): the people that occupy the Property subject to these Conditions. Inventory: the inventory of fixtures, furniture and effects at the Property, a copy of which may be kept at the Property. Owner: the owner of the Property. Property: the house (and garden, if any) identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory. Rental Fees: the total amount due from a Customer in respect of a booking of the Property. Rental Period: the rental period specified in the Booking Confirmation. Website: Classic Cottages’ website currently located at www.classic.co.uk together with such other websites which may be created by Classic Cottages from time to time.
2.1 Classic Cottages act as an agent for the Owner. The rental arrangements are made by Classic Cottages, on behalf of the Owner, and the contractual relationship is directly between the Owner and the Customer.
2.2 Classic Cottages will, on request, provide the name and address of the Owner to the Customer.
3. Duration and times of rental
3.1 Rentals are for a maximum of four weeks and commence at 3.00pm on the first day of the Rental Period and end at 10.00am on the last day of the Rental Period, unless otherwise notified in writing by Classic Cottages.
3.2 The Rental Period cannot be exceeded unless Classic Cottages give written approval. The Customer will be liable for any cost of whatever nature incurred because of an unauthorised extension.
4.1 If a booking is made eight weeks or more before the first day of the Rental Period, a Booking Deposit plus Booking Fee is payable. The Booking Deposit shall be paid by the Customer at the time they submit the booking to Classic Cottages.
4.2 If a booking is made less than eight weeks before the first day of the Rental Period, the full Rental Fees, plus any additional charges, must be paid at the time of submitting the booking.
4.3 The Customer agrees to pay the Booking Fee. If two or more Properties are booked these constitute separate contracts and are subject to separate Booking Fees.
4.4 The Customer’s submission of a booking is an offer to book the Property. If the Property is available on the requested dates, Classic Cottages will send the Customer a Booking Confirmation. At this point a binding contract, incorporating these Conditions, will come into existence. Classic Cottages reserve the right to refuse a booking and if Classic Cottages refuse a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded immediately.
5. Final payment
5.1 Unless otherwise agreed by Classic Cottages in writing, the Rental Fee shall be set out on the Website at the time of submitting the booking.
5.2 Subject to clause 6, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause
5.3 ,along with any additional charges such as optional extras.
5.4 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer will be deemed to have cancelled their booking and Classic Cottages shall retain the Booking Deposit and Booking Fee.
5.5 Classic Cottages shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.
6. Changing a booking
6.1 Once a Booking Confirmation has been sent, the booking can only be changed to another Property by cancelling the original booking in accordance with clause 6.
6.2 The Rental Period may not be changed by the Customer within two weeks of the first day of the Rental Period, any other date changes are subject to approval by the Owners and a £38 (including VAT) administration fee payable to Classic Cottages.
6.3 If the Owner approves a date change and Classic Cottages receives the administration fee in accordance with clause 6.2, Classic Cottages shall issue an email confirming the date change to the Customer when the change has been approved (“Change Confirmation”). The Change Confirmation shall set out the amended rental period approved by the Owner (“Amended Rental Period”).
6.4 If the Customer wishes to cancel the booking confirmed in the Change Confirmation, the cancellation charge set out at clause 7.3 shall be calculated on the earlier of the first day of the Rental Period (specified in the original Booking Confirmation) or the first day of the Amended Rental Period.
7.1 A booking can only be cancelled prior to the first day of the Rental Period.
7.2 A Customer who wishes to cancel the booking must notify Classic Cottages in writing (“Cancellation Notice”).
7.3 In the event that a Cancellation Notice is received by Classic Cottages, a cancellation charge is payable depending on the number of days before the first day of the Rental Period. The amount payable is set out below:
|Number of days before the first day of the Rental Period||Cancellation Charge (as a percentage of the Rental Fees)|
|0 - 13 days||100%|
|14 - 27 days||75%|
|28 - 55 days||60%|
|56 days or more||Deposit|
7.4 Classic Cottages strongly recommends that Customers and Guests take out cancellation insurance in relation to their booking.
8. Optional Extras
If the Property has optional extras, they are listed on the Website and will be charged at the rates shown on the Website.
9. Price changes
9.1 Classic Cottages reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.
9.2 Subject to clause 21, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Classic Cottages will adjust the rate of VAT and the Customer agrees to pay the applicable rate.
10. Method of payment
All payments made to Classic Cottages may be made by cheque, credit card, debit card or electronic bank transfer. Cheques should be made payable to 'Classic Cottages Limited' and can only be accepted if received at least two weeks before the first day of the Rental Period. Post-dated cheques are not acceptable.
11. Overseas bookings
Customers located outside the United Kingdom shall pay in Pounds Sterling by cheque drawn on a UK bank, MasterCard, Visa card, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
Classic Cottages are essentially providing family holidays and it is our policy not to accept bookings for hen or stag parties or from groups of people under the age of 18 years.
13. The holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. Customer obligations
The Customer agrees:
14.1 to pay for all additional utilities and fuel incurred during the Rental Period and not included in the Rental Fee;
14.2 to report to Classic Cottages any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer;
14.3 to pay for any losses or damages to the Property caused by the Customer or a Guest in their party (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guest then Classic Cottages, on behalf of the Owner, have the right to reclaim any costs incurred up to the sum of £200 (£500 for Corporate bookings) from the card the Customer used to pay the Rental Fees. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests;
14.4 to take good care of the Property and leave it in a clean and tidy condition at the end of the Rental Period. A cleaning service is not provided during the Rental Period unless otherwise confirmed in writing by Classic Cottages. If the Owner is dissatisfied with the condition of the Property upon the Customer’s departure, they reserve the right to refuse to take a booking from that Customer in the future. If a Customer is excluded from two or more Properties by different Owners, then Classic Cottages reserve the right to refuse any more bookings from that Customer, at any other property;
14.5 to permit the Owner and Classic Cottages reasonable access to the Property at all times without notice;
14.6 not to part with possession of the Property, or share it, except with Guests identified on the Booking Confirmation;
14.7 not to sell or transfer the booking to another party without Classic Cottages' prior written consent;
14.8 to ensure only Guests who are identified on the Booking Confirmation and Receipt occupy the property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the start of the Rental Period;
14.9 not to smoke at a non-smoking Property or cause an annoyance or become a nuisance to occupants of adjoining premises;
14.10 to only use the designated parking spaces allocated (if any). Unless otherwise stated, all parking spaces shall only accommodate an average-sized car. The Owner and Classic Cottages accept no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged; and
14.11 that notices (including notices in proceedings) must be served on the Owner at the following address:
c/o Classic Cottages Limited
15. Non-availability of property
15.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, and Classic Cottages are unable to offer an alternative property to the Customer during the Rental Period or offer suitable alternative dates to the Customer, the Customer may end the contract and all payments (less the Booking Fee) will be refunded. Where the Customer is unable to travel to the Property (including, inability to travel caused by an Event Outside Control), but the Property is still available during the Rental Period, the Customer may end the contract and the cancellation charge set out at clause 7.3 shall apply.
16.1 Nothing in these Conditions excludes or limits the liability of Classic Cottages or the Owners for:- 1. death or personal injury caused by Classic Cottages' or the Owners' negligence; or
- 2. any matter which it would be illegal for Classic Cottages or the Owners to exclude or attempt to exclude their liability.
16.2 If the Owner fails to comply with these Conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these Conditions or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
16.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability to the Customer, or a Guest, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Property descriptions
17.1 Some of the information on the Website relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Classic Cottages' control. If Classic Cottages are aware of any material changes to the Website at the time of the Customer’s booking, then we shall endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which Customers and Guests should rely. Although Classic Cottages make reasonable efforts to ensure the information on the Website is up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
17.2 The Properties offering WiFi will have this information detailed in their description on the Website; provision is subject to availability and network conditions.
18.1 All complaints must be notified to Classic Cottages as soon as reasonably practicable, as Classic Cottages may be required to carry out an on-the-spot investigation of the Property and if necessary, request the Owner to take remedial action. All Customers have a legal obligation to mitigate their loss.
18.2 The Customer agrees that Classic Cottages and the Owner shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
18.3 Classic Cottages cannot accept responsibility for any legislation relating to dogs not being permitted on beaches.
18.4 Classic Cottages welcome assistance dogs, but where a property does not ordinarily accept a dog, Classic Cottages (as an agent acting on behalf of the Owner) must verify whether the Property can accommodate dogs with the Owner before confirming the booking.
19.1 Pets are only permitted at the Property with the prior written consent of Classic Cottages and the Owner and are subject to any conditions imposed by Classic Cottages and the Owners. If pets are permitted, the Customer agrees that they shall be kept under control and exercised off the Property.
19.2 Pets are not permitted in the bedrooms or on the furniture in the Property and neither Classic Cottages nor the Owners can accept responsibility for their safety. Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. A charge will be made for each pet.
19.3 Where the description of a property states 'Regret no pets', or the Property does not accept pets or otherwise restricts the keeping of pets at the Property, Classic Cottages or the Owners cannot guarantee that there have been no pets previously kept at the Property.
Where an Inventory is provided, any discrepancies are to be reported to the Owner or the Housekeeper within 24 hours of the start of the Rental Period, otherwise the Inventory will be deemed to be correct.
21. Bed linen and towels
Linen and towels are changed at the end of the Rental Period and a fresh set is provided weekly during the Rental Period.
Many of the Owners are not registered for VAT, in which case no tax is payable. Where VAT is payable the tax is included in the Rental Fee.
23. Breach of contract
23.1 If there is a substantial breach of any of these Conditions by the Customer or any of their Guests, the Owner or Classic Cottages reserve the right to re-enter the Property and terminate (ie bring to an end) the contract that exists in relation to
23.2 If there is a substantial breach of any of these Conditions by Classic Cottages or the Owners, then the Customer has the right to terminate (ie bring to an end) the contract that exists in relation to the Property and may leave the Property.
23.3 Ending the contract by either Classic Cottages, the Owner or the Customer does not affect that party's other rights and remedies.
24. Personal Data
24.1 The Owner will use the personal information you provide:- 1. to verify the identity of the Customer and Guests who will be occupying the Property; and
- 2. to contact the Customer and Guests by post with information about the Owner’s Property.
24.2 The Owner may pass your information to Classic Cottages and other third party service providers (acting as the Owner’s agent) for the purpose of supplying the Property to you.
24.4 Classic Cottages may retain your information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
25. Authority to sign
The person who completes the Booking certifies that:
25.1 he or she is authorised to accept these Conditions on behalf of the Guests, including those substituted or added at a later date;
25.2 he or she is over eighteen years of age; and
25.3 he or she agrees to take responsibility for the Guests occupying the Property, and to notify Classic Cottages if they are not a Guest.
If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.
27. Previous websites and conditions
The Website and these Conditions replace and supersede all previous Websites and Conditions.
28. Validity clause
In the event that a court finds that a condition (or part of a conditions) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.
29. Third Party Rights
The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
30. Governing law and jurisdiction
The contract between the Owner and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).