Terms and Conditions: Liner Beach Residences
STANDARD LINER BEACH RESIDENCE TERMS AND CONDITIONS
1.1 St Michaels Falmouth Ltd. is a limited company (registered in England with company number 10479395) whose registered address is Gyllyngvase Beach, Falmouth, Cornwall TR11 4FG. Our trading name is St Michaels Resort and is mentioned throughout this document.
1.2 St Michaels Resort do not hold any proprietary interest in the properties but merely act as agents for the owners of the property (“the Owner”). The letting arrangements are made by St Michaels Resort on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
1.3 The booking is complete when you receive confirmation from St Michaels Resort in writing (“Booking Confirmation”)
2 Making a booking
2.1 Bookings may be made by telephone on 01326 312707 or via the St Michaels Resort website at stmichaelsresort.com.
2.2 St Michaels Resort may request details of all persons in your party including names and ages. If requested, this information must be provided in writing within fourteen days and prior to the first day of letting. This information may be passed to the Owner or their representative for insurance purposes.
2.3 A booking is complete once you have received confirmation from St Michaels Resort in writing (“Booking Confirmation”).
2.4 Hen or stag parties are not permitted in any of the properties unless agreed with the Owner. Please make us aware if this is the purpose of your visit so we can ask permission on your behalf.
3.1 A booking, whether by telephone, or via the St Michaels Resort website, must be accompanied by a deposit.
3.2 If a booking is made six weeks or more before the letting is due to start you must pay a non-refundable deposit equal to the sum of 5% of the letting fee.
3.3 If a booking is made less than six weeks before the letting is due to start, the full letting fee is required, plus any additional charges for extra services. This must be paid by you at the time of booking.
4 Final Payment
4.1 Payment of the balance of the letting fee plus any additional charges due to St Michaels Resort must be paid to us six weeks before the letting is due to start (“the Due Date”).
4.2 Non-payment by the Due Date may be treated as a cancellation.
4.3 St Michaels Resort do not and shall not be responsible for sending reminders of the Due Date.
5 Changing Booking Dates
5.1 Once a booking has been accepted and confirmed by St Michaels Resort the booking can only be changed with the written agreement of the owner and St Michaels Resort.
5.2 Where St Michaels Resort agree to the change in the dates of the letting an administration fee of £30.00 must be paid by you.
6.1 If you wish to cancel the letting you must notify St Michaels Resort in writing (“Cancellation Notice”).
6.2 A booking can only be cancelled prior to the start of the letting.
6.3 In the event that a cancellation is made then a cancellation charge is payable depending on the number of days before the letting start date the Cancellation Notice is received by St Michaels Resort. The amount payable is set out in the table below.
|Number of days before letting
start date that notification
(as percentage of the total
cost of the letting)
|0 – 41 days
|42 days or more
|The Deposit (20%)
7 Duration and Times of Letting
7.1 Lettings are for a maximum of four weeks and commence at 4 pm on the first day of the letting and end at 10 am on the day of departure unless otherwise notified.
7.2 The period booked cannot be exceeded unless St Michaels Resort give written approval. You will be liable for any cost of whatever nature incurred because of an unauthorised extension. If you wish to have a late departure, or extend your stay, please speak to the St Michaels Resort reservations team no less than 48 hours before the due departure date and time. Late departures and extensions are subject to availability.
8 Your Obligations
(a) where a telephone is available for use at the property, to pay for all telephone charges incurred during a letting unless included in the letting fee;
(b) to vacate the property by 10 am on the day of departure;
(c) to pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which for the avoidance of doubt means repairs that are decorative and wear out or come adrift in the course of reasonable use) which will be determined at the discretion of the Owners or ourselves;
(d) to inspect the inventory left at the property and report any discrepancies, or damage and faults in the property to St Michaels Resort reception within 72 hours of arrival. If no discrepancies, damage or faults are reported within this period, the property and inventory will be deemed to be correct and in full working order;
(e) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed. Should the St Michaels Management team or the Owner be dissatisfied with the condition of the property upon your departure, they may refuse to take a booking from you again. If you are excluded from a property then St Michaels Resort have the right to refuse any more bookings from you at any property including our resort;
(f) to permit the Owners or St Michaels Crew reasonable access to the property;
(g) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
(h) not to sell or transfer the booking to another party without the written agreement of St Michaels Resort;
(i) not to exceed either the total number of people stipulated in the property description or the total number of people stated in the Booking Confirmation;
(j) not to have anyone other than those detailed at the time of booking and listed in the Booking Confirmation staying at the property;
(k) not to use a cot for a child over the age of 24 months;
(l) to respect the well-being of those occupants of adjoining or nearby properties and not to cause an annoyance or become a nuisance. Complaints from adjoining or nearby occupants to St Michaels Resort & The Liner properties regarding your behaviour may result in the Owner or St Michaels Resort requiring you to leave the property immediately without a refund of any monies paid by you.
9 Non-availability of Property
9.1 If for any reason beyond St Michaels Resort or the Owners’ control the property is not available on the date booked, or the property becomes unsuitable for holiday letting. We will endeavour to find you similar alternative accommodation (subject to availability) or you will be refunded in full and St Michaels Resort may cancel the booking. You will have no further claim against St Michaels Resort or the Owner.
9.2 Where possible St Michaels Resort will provide you with four weeks notice except in extraordinary circumstances.
10 Price Changes
10.1 St Michaels Resort has made all reasonable efforts to accurately describe the property in the information that we publish.
10.2 St Michaels Resort cannot accept responsibility for errors contained in the information or any mis-description as a result of inaccurate information given to us by the Owner or Appointed Representative.
10.3 You acknowledge that minor differences may arise between that information given and the actual property itself.
10.4 St Michaels Resort reserve the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate but such changes shall be notified to you as soon as possible.
10.5 You shall be at liberty to cancel the booking if the amended price is significantly higher than the original price quoted.
10.6 Subject to condition 11.4, any changes in the rate of VAT payable on applicable lettings will be borne by you. VAT on lettings is dependent on the VAT status of the individual property.
10.7 Clauses 10.1 – 11.6 inclusive are particularly pertinent in respect of any properties currently being built.
11.1 Subject to condition 12.2, St Michaels Resort do not accept liability for any act, neglect or default on St Michaels Resorts’ part or the part of the Owners or Representative or any other person not within their employ or otherwise under their control, nor for any accident, loss, costs, expenses, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by St Michaels Resort, its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the letting. In addition, the Owner, property representative and St Michaels Resort accept no liability for loss of or damage to your possessions on the Owners’ property or land.
11.2 Nothing in these conditions excludes or limits the liability of St Michaels Resort or the Owners, their representative or Appointed Agent:
(a) for death or personal injury caused by St Michaels Resort’ or the Owners’ and their representatives or the Appointed Agents’ negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for St Michaels Resort or the Owners, their representatives or the Appointed Agent to exclude or attempt to exclude their liability; or
(d) for fraud or fraudulent misrepresentation.
11.3 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less than any insurance or cancellation charges.
12.1 Pets are only permitted with the prior consent and additional charge made by St Michaels Resort and where such pets are permitted, they are to be kept under control and exercised off the premises.
12.2 Pets are not permitted in the bedrooms or on the furniture and neither St Michaels Resort nor the Owners and their representatives nor the Appointed Agents 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.
12.3 A charge will be made for pets in the sum of £20 per pet per night, which is payable to St Michaels Resort as agents for the Owner. This charge will be taken on departure, from the card used to make the booking.
12.4 It is your responsibility to ensure your pets do not disturb those in adjoining properties or nearby and, on departing from the property, it is your responsibility to ensure that you have cleared up after your pets and that there is no trace of your pets having been at the property.
12.5 Where the description of a property states ‘regret no pets’ or otherwise restricts the keeping of pets at the property, St Michaels Resort and/or the Owners/Representatives/Appointed Agents cannot guarantee that there have been no pets previously kept at the property.
13 Method of Payment
13.1 Payments may be made by credit card, or debit card.
13.2 Any charges raised against St Michaels Resort by their bank for cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse St Michaels Resort within seven days of receipt of notification from St Michaels Resort. All payments by debit and credit card will not attract a surcharge.
14 Overseas Bookings
Overseas applicants may pay by Sterling. Any charges for payments from overseas will be passed on to you.
St Michaels Resort reserves the right to accept or refuse bookings in their absolute discretion.
16 The Holiday Letting
The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
17 Information published
Some of the information published by St Michaels Resort relates to matters beyond the properties such as shops, facilities, restaurants and public houses. Closure of such premises and other changes to external facilities are outside St Michaels Resorts’ control. If St Michaels Resort is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes.
18.1 All complaints must be notified to St Michaels Resort as soon as reasonably practicable, as we may be required to carry out on-the-spot investigation and if necessary, carry out remedial action.
18.2 If the complaint is not resolved by us, the Owner or Appointed Agent then the complaint must be notified to St Michaels Resort Management who will attempt to resolve the problem. St Michaels Management may carry out on-the spot investigation.
18.3 If St Michaels Resort or the Owners or the Appointed Agent were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reasonable reduction of any compensation payable to you arising out of such a complaint.
Linen and towels are changed between lettings and weekly during lettings.
Subject to clause 11 the price quoted will be the price inclusive of VAT where payable.
21 Breach of Contract
21.1 If there shall be a material breach of any of these conditions by you, the Owners, or the Appointed Agent, St Michaels Resort reserve the right to re-enter the property and terminate the letting.
21.2 If there shall be a material breach of any of these conditions by St Michaels Resort, the Owners or the Appointed Agent, then you have the right to terminate the letting.
21.3 In the event that St Michaels Resort is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you.
21.4 Termination of the letting pursuant to condition 22.1 and 22.2 does not affect that party’s other rights and remedies.
22 Governing Law and Jurisdiction
Any dispute between us will be governed by the exclusive law and jurisdiction of the English Courts.
23 Authority to Accept
The person who completes the booking and therefore accepts the terms of these booking conditions confirms that:
(a) he or she is authorised to agree the booking conditions on behalf of all persons included on the booking, including those substituted or added at a later date;
(b) he or she is over eighteen years of age and a member of the party intending to occupy the property; and
(c) he or she agrees to take responsibility for the party occupying the property.
24.1 In case of a discrepancy between these booking conditions and any other contents of a St Michaels Resort conditions, these conditions shall prevail.
24.2 In the event of inconsistency between these booking conditions and any other information regarding the property, these booking conditions will prevail.
25 Data and Privacy
26 Validity Clause
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
For more information on your statutory rights see https://www.gov.uk/consumer-protection-rights