TERMS & CONDITIONS

NO COMMERCIAL OR SIGN WRITTEN VEHICLES ARE PERMITTED AT PENDRA LOWETH AND WE RESERVE THE RIGHT TO CANCEL, WITHOUT REFUND, ANY BREACH OF THIS CONDITION.

BOOKINGS ARE ONLY PERMITTED FOR HOLIDAY AND LEISURE REASONS AND WE RESERVE THE
RIGHT TO REFUSE A REFUND IF THIS IS NOT ADHERED TO AS WE WILL ALSO BE IN BREACH OF THE OCCUPANCY TERMS.

Reference in these terms and conditions to “the property”, “site” mean 55 Fathoms, Pendra Loweth, Falmouth, Cornwall, TR11 5BJ.

"The property" refers to the cottage named 55 Fathoms and the patio area directly to the rear of the property only.

Reference to “owner”, “us,” “our”, or “we “means the owners of 55 Fathoms.

Reference to the “hirer” or “you" means the person or persons accepted by the owner as authorised to occupy the property for the period specified on the booking form and shall, where the context permits or requires, include all persons named on the booking form occupying the property.

Only persons named on the booking form are entitled to stay at the property.

Reference to “guests” as holiday makers other than you, that are named on the booking form to stay at the property during your holiday period under your booking.

Reference to “extras” means cost for pets, the Security Deposit and any other extras requested.

Reference to “your reservation”, “holiday”, "stay" means the dates you have booked the property for.

We will not be liable for any loss or injury sustained to any person/persons or their pets or belongings whilst staying at the property and strongly suggest that adequate insurance is taken out to cover your personal requirements.

Please read the terms and conditions carefully before booking your holiday. By confirming your booking with us you accept these terms and conditions and agree to comply with them.

BOOKING

We reserve the right to refuse any bookings at our discretion without any given reason.
To make a booking you must be over 18 years of age and have the legal capacity to enter into a legal binding agreement.
You must provide us with your real name, email address and a mobile telephone number. You must state the names of all your guests on the booking form.
Booking must be made via our website.
Your booking will be secured once the deposit has been received, subject to the terms and conditions referred to here.
Please check your details carefully in your booking confirmation, if there any mistakes please inform us within 24hrs.
Please be advised that no extra overnight visitors are allowed to stay at the property.

PAYMENT

Bookings made more than 8 weeks in advance require 30% deposit. The balance, plus any extras, is due 8 weeks before your holiday commences. Bookings made less than eight weeks in advance require the full payment plus any extras.
If we cancel your stay, we will refund 100% of any monies paid by you to us.
The balance of your holiday plus extras is due 8 weeks prior to your arrival date. The outstanding amount payable and date will be confirmed when booking your stay.
It is your responsibility to ensure that the balance payment is received by us 8 weeks prior to the date of the booking. If the balance is not received within 7 days of the due date, we will automatically cancel your reservation and your deposit will not be refunded.
We strongly advise that you have adequate travel insurance.

SECURITY DEPOSIT

Please note there is a Security Deposit of £150 payable with the balance.
The security deposit is not included in the initial price of your holiday, therefore the 30% deposit does not include it.
Any damage to the property, its contents or its fixtures or fixings must be reported to the owner immediately and prior to you vacating the premises. If you lose, damage, mark or break any item of furniture, fixtures or fittings, fabric of the property or building or any of its contents you will be liable and we will ask for the full cost of repair or replacement.
The Security Deposit will be returned to you at the end of your stay if the property, furniture, utensils, equipment, linen, fixtures and fittings are in the same state of repair and condition as at the start of your occupancy.
Once you vacate the property, if there is any damage or missing items, we will notify you and tell you how much of the deposit will be used to replace/repair said items. Should the damage/cost of missing items be greater than the Security Deposit held you will be liable to pay the remaining balance to return the item/s to the condition supplied at the start of your occupancy.

PETS

You will be liable for all the damage caused by your and your guests’ pets.
The property accepts one well behaved dog for the additional charge of £25 per stay, two with prior acceptance of the owners for an additional charge of £25 per stay.
No pets are allowed other than dogs.
Please use the outside tap to ensure that excess sand and mud are washed off your pet/s before allowing them into the property. The tap is to the left of the front door, under the kitchen window.
Dogs are not permitted on furniture, sofas, or upstairs in the property. A stair gate is provided at the bottom of the stairs and must be used at all times.
Your dog is not to be left alone at any time in the property.
Due to other holiday maker allergies we will not be able to use bedding slept on by animals so the cost of replacement will be charged if evidence is found of dog hair upstairs at the property.
If the property requires additional cleaning due to excessive dog hair or dirt we will charge an additional £50 to cover the additional cleaning costs.
It is imperative that you clean up after your dog throughout your stay, this includes the rear patio area and all areas of Pendra Loweth.
Dogs must be kept on a lead and under control at all times whilst at Pendra Loweth.

SMOKING

Smoking and vaping is strictly prohibited at 55 Fathoms.

CANDLES

Candles are not permitted inside or outside at 55 Fathoms.

PARKING

Parking is provided for one vehicle in the designated bay for the property, marked '55'.
Additional parking is available for other guests and visitors in designated bays found around the site.
We do not accept any liability or responsibility for any damage, fines or loss in relation to the parking of any vehicle by you or your guests.

ELECTRIC CAR CHARGING

Domestic electric vehicle chargers (commonly known as 'granny chargers' or 'trickle chargers' are not suitable for use at the property and are strictly prohibited, however, there are charging points near reception which is very close to the property.

LINEN

Clean bed linen, towels, bathmats, tea towels and oven gloves are provided at the start of your holiday, if your stay is longer than 7 days we will contact you regarding a change of linen. You will be asked prior to the start of the holiday which beds you would like made up if your booking is for less than 6/7 people.

EQUIPMENT FOR INFANTS

A highchair is available and a travel cot (if requested ahead of the booking) at no extra cost, but we ask that they are left clean and in the same condition you found them in. It is your responsibility to check that they are in good working order prior to using and we will not be held responsible for any defects or damage caused by their use.
Linen is not provided for the travel cot.
It is your responsibility to ensure that the property and all its contents are suitable and safe for guests of all ages in your booking.

WI-FI / TELEVISION

Wi-Fi is provided at the property. The code can be found in the property information pack.
We cannot be held liable for Wi-Fi internet signal or connection.
You and your guests agree to reasonable and lawful usage of the Wi-Fi.

CHECK IN & CHECK OUT

Your check-in time is at 4:00 PM on the first day of your reservation and will end at 10:00 AM on the last day of the reservation.

CANCELLATION POLICY

Cancellations must be advised to us in writing by email and when you have received a reply confirmation from us.

FULL REFUND

Within 24hrs after booking 100% refund (provided that it is at least 60 days before your stay).

PARTIAL REFUND

If you cancel your holiday up to 8 weeks prior to your arrival date, we will refund 50% of any monies paid, excluding the deposit.

NO REFUND

No refund if cancelled less than 4 weeks before your arrival date.
IT IS STRONGLY ADVISED THAT YOU TAKE OUT ADEQUATE TRAVEL INSURANCE THAT INCLUDES CANCELLATION COVER.

In instances of force majeure, we cannot accept liability or responsibility for any alterations, delay or cancellations or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, livestock, epidemics, acts of government, or public authority, changes imposed by rescheduling of airlines, ferries, trains, or other transport or any event outside of our control. We reserve the right to refuse any booking and to cancel any booking already made if the property is unavailable, for example, through fire, flood, failure of utility services etc. for any reason whatsoever. We are not under any other liability if such cancellations occur.

CHANGING A BOOKING

In the event that you need to change your booking to another date, then you may do so, however this will be dealt with as a cancellation, as set out under our cancellation policy.
If you do not stay at the property during your reservation dates you will still be legally liable.

IF WE CANCEL OR AMEND YOUR BOOKING

We would not expect to make any changes to your booking once it is agreed between you and us but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings.
If this does happen, we will contact you as soon as reasonably practical and inform you of the cancellation or the change to your booking. If we cancel your booking, we will refund you any fees you have already paid to us. However, we will not be liable to refund you for any fees that you may have paid to any third party in connection with your holiday (including, and without limitation, fees for travel, entertainment, activities or insurance).
We may cancel your booking if we become aware of any health and safety or quality related issue with the applicable immediate surroundings (for example contamination at the properties water supply).
We may cancel your booking due to circumstances or events outside of our reasonable control.

YOUR RESPONSIBILITIES

You must ensure that...

All the information you provide to us in connection with your booking is true and complete. If any of your details change you must inform us immediately.
You accept financial responsibility for all your transactions made under your name.
You promise during your stay that...
The number of people and pets occupying the property will not exceed the number stated on your booking form.
That the property will be used solely for the purpose of a holiday by you and your guests, and no business activity is carried out during your stay.
That you and your guests will show all due consideration and respect for your neighbours and other persons or parties that have connection with the property this includes refraining from dangerous, offensive, violent or anti-social behaviour towards such persons.
You will allow us, or our representatives, to access the property at a reasonable time convenient to you during your holiday for maintenance work that needs to be carried out during your stay. However, we will do our best to avoid this.
You will not do anything to make void or voidable any policy of insurance, for example, leave windows open when the property is unoccupied or during inclement weather. If windows and doors are left open or if the property is in anyway left unsecured, the owners or their agents have the right to enter the property to secure and protect the property.
You will not share the property except with members of the party shown on the booking form.
You must take all necessary steps to safeguard your personal property both inside and outside the property.
You will not change the timings or leave the heating on constantly or excessively when the property is unoccupied.
You will not change the timings on the hot water control panel.
You will keep, and leave the property and all the furniture, utensils, glass wear, crockery, equipment, fixtures and fittings in clean and good condition.
You will responsibly clean up after your pet/s at all times, keep them on a lead and do not allow them to bother or inconvenience any other persons within the village.
We are local and manage the property ourselves. Any breakages, damages or other issues relating to the interior or exterior and all contents of the property must be reported to us immediately. In most circumstances we can be with you within a very short time. No refunds will be considered for any issues that are not reported to us while you are still at the property.
You agree to pay for any damages caused to property or contents by you, your guests or your pet/s.
You will keep and leave the property in the clean and tidy state as it was found on entry.
You agree to arrive after 4:00 PM on the day of arrival and vacate the property by 10:00 AM on the date of departure.
You must be responsible for your personal belongings.

OUR RESPONSIBILITIES

We will...

As soon as possible, notify you in writing of any changes to the description of the property.
Ensure that the property is vacant and that you and your guests have exclusive access to the property for the full period of your holiday.
Ensure that the key is in the key safe. You will be notified of the key safe code prior to your arrival.
Ensure that the property will comply with all applicable laws and regulations during your holiday.

OUR RIGHT TO END THE CONTRACT

We may immediately terminate the rental contract with you if...

You/your guests do not comply with the obligations set out above.
You do not comply with the applicable rules on pets above.
If you fail to pay the full amount of your holiday by the agreed date as set out in your booking form.
We reserve the right to evict guests immediately without compensation in the case of criminal or anti-social behaviour, misuse of the property, over occupancy, unreasonable damage, breakages, behaviour or if any of the terms or conditions are broken.

COMPLAINTS PROCEDURE

Every effort has been made to ensure that you have an enjoyable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. If you have any cause for dissatisfaction, you must contact us immediately by telephoning. Save in the case of an emergency, it is imperative that we see the reason for the complaint before any remedial action is taken. We regret we cannot consider any complaints where we have not been given an opportunity to investigate the complaint and endeavoured to put matters right during the holiday; or any complaints made on or after departure.

SEVERANCE

The parties to this agreement agreed that if any part of this agreement is found to be unreasonable, invalid or unlawful under any enactment or rule of law the pertaining thereto, the court or the competent tribunal shall have the power to strike out or override that part, whether it be an entire clause or clauses, or some part or parts thereof, and enforce this agreement as though the unreasonable, invalid or unlawful part or parts has not been included.

GOVERNING LAW AND JURISDICTION

This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

GENERAL

Please do not move any furniture from one room to another or any of the indoor furniture, furnishings or bedlinen outside.
Please remove shoes, particularly muddy boots prior to entering the property. There is a covered porch perfect for leaving footwear, coats and wetsuits.
Please lock the doors and close the windows when you leave the property unoccupied.
Please make sure you switch off lights, heating, and any electrical appliances when you go out – we’re an eco-friendly holiday home.
Please don’t take any bath towels with you to the beach, you need to bring your own beach towels.
The owner reserves the right to make a charge to cover additional cleaning costs if you leave the property in an unacceptable condition.
Please note that if any keys issued are not returned at the end of your stay, then the cost of replacement will be charged to you.
You may no, under any circumstance re-let or sublet the property.
The owners shall not be liable to you or your holiday party for loss or damage to property, however arising.
All inventory must remain in the property and not be taken to another property.
You are responsible for the supervision of all members of your party under the age of 18 at all times.
Please respect the community and try to keep noise levels to a minimum, especially between 11 pm and 8 am.
We reserve the right to terminate your rental agreement with immediate effect where the unreasonable behaviour of the persons named on the booking (or their guests) may impair the enjoyment, comfort or health of others. You’ll be asked to leave the property, without any refund of the rental amount paid.
Please use the designated barbecue utensils and ensure you clean the barbecue after use.
Fireworks, Chinese lanterns, firepits, candles and portable BBQs are prohibited.
Any problem or complaint must be immediately reported directly to us to allow us the opportunity to resolve it prior to you vacating the property.
Non-compliance with the house rules will be considered as a breach of the terms and conditions of the rental agreement. We reserve the right to terminate the booking with immediate effect and without a refund if you or any of your guests do not abide by the rules.
55 Fathoms is privately owned. We are responsible for the cottage and the patio, we do not own or have jurisdiction beyond there. We have no control over the other facilities on the site, their opening times, operating restrictions or availability and cannot be held responsible for anything outside of the property.
This property is privately owned and is lovingly managed by us to ensure the highest of standards. We expect all guests to enjoy the facilities and treat the property with the same respect that they would with their own home.