These Terms and Conditions (these “Terms”) apply to lettings of holiday accommodation by Sail Lofts – St Ives Limited a company registered in England and Wales with company number 07163707 whose registered office is at 7 Sail Lofts, Porthmeor Road, St Ives, Cornwall, TR26 1GB (“Agency”). The Agency’s VAT number is 922280152.
The Agency acts as an agent for the Owner (as defined below) and the Customer contracts directly with the Owner.
These Terms form the basis of the Customer’s (as defined below) contract with the Owner and the Customer is encouraged to read them carefully before making a booking.
The Agency may amend these Terms from time to time as set out in clause 15. Every time a Customer submits a Booking Form, it must check these Terms to ensure it understand the Terms which will apply at that time. These Terms were most recently updated on 8 December 2020.
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation apply in these Terms:
“Booking Confirmation” the confirmation of booking provided by email to the Customer when a booking has been accepted;
“Booking Deposit” the deposit payable to secure a booking which shall be:
a) if the Booking Form is submitted more than 8 weeks prior to the Start Date, 50% of the Rental Charges; or
b) if the Booking Form is submitted less than 8 weeks prior to the Start Date, 100% of the Rental Charges.
“Booking Fee” a non-refundable fee of £75;
“Booking Form” the accommodation booking form completed by, or on behalf of, the Customer;
“Customer” the person who submits the Booking Form;
“Dog Friendly Page” the page on the Website which sets out the Customer’s obligations relating to dogs;
“End Date” the last day of the Rental Period as set out in the Booking Confirmation;
“Event Outside Control” any act or event beyond the Agency’s or Owner’s reasonable control, including, without limitation, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic 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.
“Guests” the people that occupy the Property subject to these Terms;
“Owner” the owner of the Property.
“Pet Supplement Charge” the additional charge payable for each dog (set out on the Website from time to time) permitted to occupy the Property and confirmed in the Booking Confirmation;
“Property” the apartment, house or unit identified in the Booking Form together with the fixtures, furniture and effects;
“Rental Charges” the rental charges and Pet Supplement Charge specified in the Booking Confirmation (excluding the Security Deposit);
“Rental Period” the rental period specified in the Booking Confirmation;
“Security Deposit” the sum of up to £350 (charged by credit card chargeback, or otherwise at the election of the Agency) payable by the Customer respect of possible damage to the Property;
“Start Date” the first day of the Rental Period as set out in the Booking Confirmation;
“Website” The Agency’s website currently located at www.thesaillofts.co.uk together with such other websites which may be developed by the Agency from time to time.
2. THE PROPERTY
2.1 The Property is as described on the Website from time to time. The Customer agrees that the Agency’s employees and agents are not authorised to make any contractually binding representations concerning the Property. The Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations.
2.2 Images of the Property on the Website and in the Agency’s brochures are for illustrative purposes only. The Agency makes every effort to describe the Property as accurately as possible, and to keep information up-to-date. The Property may vary slightly from the images on the Website and in brochures.
3. BOOKING AND PAYMENT OF BOOKING DEPOSIT
3.1 The Agency acts as an agent for the Owner and arranges bookings of the Property on behalf of the Owner. The Customer acknowledges and agrees that it shall form a contractual relationship direct with the Owner.
3.2 The Customer agrees;
a) to pay the Booking Deposit and the Booking Fee to the Agency at the same time as it submits the Booking Form if payment is made by credit or debit card, or within one week of the date of submitting the Booking Form if payment is made by cheque;
b) that it is one of the Guests staying at the Property;
c) that it is at least 18 years old; and
d) to ensure that all Guests are aware of, and comply with, these Terms.
3.3 Unless otherwise agreed in writing, the Property shall not be let to groups of three or more people of the same sex (such as stag or hen parties). The Agency shall not accept any bookings (acting on the Owner’s behalf) which relate to stag and hen parties and the Customer agrees not to submit any Booking Forms which relate to stag and hen parties.
3.4 The submission of a Booking Form and payment of the Booking Deposit and Booking Fee is an offer to let the Property on the requested dates. A booking is provisional until the Booking Deposit has been paid in full, in cleared funds and the Agency has issued a Booking Confirmation (acting on the Owner’s behalf).
3.5 If the Property is available on the requested dates and the Booking Deposit and Booking Fee has been paid, the Agency (acting on the Owner’s behalf) will issue a Booking Confirmation to the Customer. At this point, a binding contract, incorporating these Terms, will come into existence.
3.6 The Agency strongly recommends that the Customer and Guests take out holiday insurance. Insurance should cover all risks including cancellation, accident, breakdown, loss or damage to personal property.
4. PAYMENT OF RENTAL CHARGES
4.1 The Booking Deposit and Rental Charges are inclusive of VAT.
4.2 The Customer must pay the balance of the Rental Charges due to the Agency at least 8 weeks before the Start Date by credit or debit card or by cheque. The Customer agrees to pay an additional £50 administration charge for any dishonoured cheques.
4.3 The Agency shall send a payment reminder to the Customer.
4.4 If the Customer has not paid the balance of the Rental Charges by the date specified in clause 4.2, the Agency may (at its sole option) deduct the balance from the credit or debit card used to pay the Booking Deposit or deem the Customer to have cancelled the booking in accordance with clause 6.2.
4.5 The Agency will endeavour to check the Rental Charges displayed on the Website before issuing a Booking Confirmation. If the correct Rental Charges (or any associated VAT) are higher than the Rental Charges set out on the Website and a Booking Confirmation has been issued, the Agency will contact the Customer and request the correct Rental Charges. If the Customer does not agree to the correct Rental Charges, it may cancel the Contract and all payments will be refunded by the Agency to the Customer.
4.6 The Rental Charges include Wi-Fi connections, electricity, water, bed linen and towels. Cots, high chairs, stair gates, companion beds and waterproof mattress protectors are subject to availability and the Customer agrees to include a request for these items at the time it submits the Booking Form.
4.7 The Owner shall provide a free Wi-Fi connection to the Customer. The Customer acknowledges and agrees that the Wi-Fi connection is subject to local signal strength and atmospheric conditions which may adversely affect the connection and are not within the Agency or Owner’s control.
4.8 The Wi-Fi connection is provided by third party internet providers and the Owner is not responsible for the failure or unavailability of the Wi-Fi connection. The Customer agrees that it shall not attach or include any Wi-Fi extenders or boosters to the Owner’s Wi-Fi network.
4.9 The Customer and the Guests agree that they shall not use the Wi-Fi connection:
a) in any way that breaches any applicable local, national or international law or regulation;
b) any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm minors in any way; or
d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, malware, spyware, adware or any other harmful programs.
4.10 The Customers agrees that it is the Customer’s sole responsibility for imposing any parental controls on any children’s access to the Wi-Fi connection.
4.11 If the Customer breaches clause 4.8 or clause 4.9 the Agency or Owner may suspend the Customer’s access to the Wi-Fi connection and the Customer agrees that it shall be responsible for all costs and expenses incurred by the Agency or Owner resulting from the breach.
5. SECURITY DEPOSIT
5.1 If the Customer has paid the Rental Charges by credit or debit card, it authorises the Agency to deduct the Security Deposit from the relevant debit or credit card within 14 days of the End Date.
5.2 If the Customer has paid the Rental Charges by cheque, the Customer may be required (on receipt of a written request from the Agency) to pay the Security Deposit to the Agency at least one week prior to the Start Date.
5.3 The Security Deposit will be held by the Agency and applied against any cost incurred in relation to:
a) remedying any damage to the Property, fixtures, fittings and effects at the Property caused by the Customer, any Guests or, where applicable, any dogs;
b) removing any rubbish left by the Customer or the Guests at the Property;
c) any bank charges received on foreign cheques or transfers; and
d) performing any additional cleaning at the Property which is required due to the Customer’s, or Guest’s, failure to leave the Property in a clean and tidy condition on the End Date.
5.4 In the event that any of the costs identified at clause 5.3 exceed the Security Deposit, the Customer agrees to pay such further costs following receipt of a written request by the Agency (together with such supporting evidence as may be reasonably required).
5.5 Unless confirmed otherwise in writing by the Agency:
a) where payment is made by cheque, the Security Deposit will be returned to the Customer not more than 14 days after the End Date less any deductions made for the cost of remedying any damage; or
b) where payment is made by debit or credit charge, deductions will be made from the relevant card up to the amount of the Security Deposit. In the event that the damage incurred exceeds the Security Deposit, clause 5.4 shall apply.
6. CANCELLATION BY THE CUSTOMER
6.1 The Customer shall notify the Agency in writing if it intends to cancel the booking.
6.2 If the Customer cancels the booking by giving more than 8 weeks’ notice before the Start Date the Agency will refund all sums paid by the Customer, less the Booking Fee.
6.3 If the Customer cancels the booking by giving less than 8 weeks’ notice before the Start Date, the Agency may retain 100% of the Rental Charges. The Agency shall endeavour to re-let the Property during the Rental Period which is subject to the cancellation. If the Agency is able to re-let the Property during the cancelled Rental Period, it shall refund the Rental Charges to the Customer, or if the Rental Period is only partially re-let (or let for a discounted fee) an equivalent proportion of the Rental Charges will be due to the Customer less the Booking Fee.
6.4 The Customer agrees that it is responsible for the full payment of the Rental Charge if it cancels the booking in accordance with clause 6.3 and, unless the Agency is able to re-let the Property, the Agency may settle this payment by deductions from the credit or debit card used to pay the Booking Deposit.
7.1 Unless otherwise agreed in writing by the Agency, the Customer is not permitted to amend the Rental Period.
7.2 The Customer acknowledges and agrees that it may only change the Rental Period by cancelling the original booking in accordance with clause 6 or clause 19.
8. RENTAL PERIOD
8.1 Unless otherwise agreed in writing by the Agency (or changed or amended by the Agency pursuant to clause 15.1) the Rental Period commences at 4:00pm on the Start Date and ends at 10:00am on the End Date.
8.2 The Agency agrees to leave the keys to the Property in the key safe located at the Property and the Customer may collect the keys after the Rental Period has commenced in accordance with clause 8.1. The Agency shall provide the Customer with a key safe code 14 days prior to the Start Date.
8.3 The Customer agrees to place the keys to the Property in the key safe located at the Property or at the Agency’s registered office on or before the Rental Period ends in accordance with clause 8.1.
8.4 The Rental Period cannot be exceeded for any reason without the Agency’s prior written consent. The Customer agrees that it is responsible for any additional costs and charges incurred due to an unauthorised extension. For the avoidance of doubt, if the Customer, or any Guests, become sick or unwell during the Rental Period the Customer shall ensure that the Customer and the Guests vacates the Property at the end of the Rental Period (set out at clause 8.1).
9. OWNER’S OBLIGATIONS DURING THE RENTAL PERIOD
9.1 Subject to clause 10.1k) and 10.1l), the Owner agrees that the Customer may occupy and enjoy the Property during the Rental Period without any interruption from the Owner, Agency or any person claiming under, or in trust for, the Owner.
9.2 The Agency (acting on the Owner’s behalf), shall provide adequate bed linen and towels at the Property at the start of the Rental Period.
10. CUSTOMER’S OBLIGATIONS DURING THE RENTAL PERIOD
10.1 The Customer shall:
a) use the Property (including the Owner’s fixtures and fittings) in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times;
b) be responsible for all damage, or soiling, caused to the Property (including the Owner’s fixtures and fittings) or to any other property owned by the Owner, resulting from any breach of the obligations set out in these Terms or any improper use by or negligence of the Customer, Guest or any other person at the Property with the Customer’s permission. The Customer agrees that the cost of any damage to the Property may be deducted from the Security Deposit;
c) notify the Agency immediately in respect of any damage to the Property (including the Owner’s fixtures and fittings) or to any other property owned by the Owner;
d) notify the Agency immediately in respect of any soiled bed linen or mattresses. The Customer agrees that the costs of cleaning any soiled bed linen or mattresses may be deducted from the Security Deposit;
e) keep the Property and the fixtures, furniture and effects at the Property clean and in the same condition as at the commencement of the Rental Period (fair wear and tear excepted) and shall be responsible for paying for any replacement items (by way of deduction from the Security Deposit);
f) to keep possession of the keys to the Property and, in the event that the key is lost or not made available to the Owner in accordance with clause 8.2, pay to the Agency a charge of £20 for each key, immediately on request;
g) only allow children aged 24 months and under to sleep in a cot provided by the Owner or the Agency (on the Owner’s behalf);
h) place all refuse in the receptacles provided for the Property by the Agency, Owner or any other competent authority;
i) keep the Property heated to a reasonable level during the winter months to prevent damage to the Property or the water pipes drains tanks and other plumbing apparatus by cold weather;
j) report to the Agency any damage, destruction, loss, defect or disrepair affecting the Property as soon as it comes to the attention of the Customer;
k) allow the Agency, Owner and/or its agent or anyone with the Agency’s or Owner’s written authority together with any workmen and necessary appliances to enter the Property at reasonable times of the day to inspect its condition and to carry out any necessary repairs provided the Agency has given reasonable notice (with regard to the work to be undertaken). The Customer shall not interfere with or obstruct any such persons and may be required to vacate the Property during the inspection or repair period;
l) in cases of emergency, allow the Agency, or anyone with the Agency’s authority, to enter the Property at any time and without notice;
m) use the Property as a private holiday residence for the maximum number of people stated on the Booking Confirmation and ensure that the persons named on the Booking Confirmation are the only persons entitled to occupy the Property;
n) log out of any online accounts accessed on the hardware provided by the Owner at the Property at the end of the Rental Period; and
o) at the end of the Rental Period, remove the Customer’s belongings and refuse from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation. In the event that the Property is not left clean and tidy, the Customer agrees that the Agency may deduct a reasonable fee for cleaning from the Security Deposit. If the Customer requests the return of any belongings, it agrees to pay any reasonable postage charges incurred by the Agency in returning such items.
10.2 The Customer shall not:
a) enter the courtyard to the Property for any purpose other than to access the Agency’s office, the Property, the communal waste bins, the outside shower or wet room facilities;
b) use the gangways, passageways, balcony or external parts of the Property for any purpose other than walking to and from the Property;
c) add any third party hardware on to the Owner’s network to boost or enhance Wi-Fi signal;
d) block or otherwise damage the taps, baths, wash basins, toilets, cisterns or pipes within or exclusively serving the Property;
e) do anything on the Property which may be a nuisance to, or cause damage or annoyance to, the Agency, Owner or the tenants or occupiers of any adjoining property;
f) play any music system or other device after 10pm or before 8am;
g) use the Property for any illegal or immoral purposes;
h) use the Property in a way which contravenes the Owner’s insurance policies;
i) cause or permit any dangerous or inflammable substance to collect in or on the Property apart from those needed for general domestic use;
j) display any notice or advertisement that is visible from outside the Property;
k) keep any dog, pet or animal on the Property;
l) smoke cigarettes, e-cigarettes or vapour cigarettes at the Property or in the courtyard providing access to the Property;
m) transfer, assign or sublet the Property or any part of the Property and shall not part with possession or share occupation of the Property or any part of it; or
n) alter, add to or interfere with the appearance, structure, exterior or interior of the Property or the arrangement of the fixtures, furniture and effects belonging to the Owner.
11.1 If confirmed in the Booking Confirmation, the Agency may offer parking spaces to the Customer in a car park owned by a third party car park provider.
11.2 The Customer acknowledges and agrees that the Agency and Owner are not the owner of the car park and are not responsible for any loss or damage incurred by the Customer when parking its vehicle in the car park.
11.3 The Customer agrees that it shall only park in the numbered parking bay allocated to it by the Agency and at all times ensure that its vehicle is parked within the white line markings of the allocated parking bay.
12.1 The description of each Property on the Website will clearly confirm whether any dogs are permitted in the Property.
12.2 If dogs are permitted at a Property, the Customer agrees:
a) to comply with the obligations set out on the Dog Friendly Page;
b) to pay the Pet Supplement Charge;
c) to not exceed the number of dogs stated on the Booking Confirmation (which shall never exceed 2 dogs);
d) to not allow dogs in bedrooms;
e) to keep dogs off sofas and armchairs;
f) to not leave dogs alone in a Property at any time;
g) to not allow dogs in the courtyard or any other communal area to the Property, unless the dogs are using the courtyard or communal area to access the Property; and
h) to pick up after dogs after soiling at all times. The Customer agrees to pay an additional £280 cleaning charge for failing to comply with this clause 12.2h) which the Agency may settle by way of a deduction from the Security Deposit.
If there has been a substantial breach of any of the Customer’s obligations, the Owner (or the Agency acting on the Owner’s behalf) may terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property. The Owner shall not be liable for any losses incurred by the Customer as a result of the Owner terminating due to the Customer’s substantial breach of its obligations. The other rights and remedies of the Agency and Owner will remain in force.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms limits or excludes the Owner’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation.
14.2 If the Owner fails to comply with these Terms, the Owner is responsible for losses which are a foreseeable result of its breach of these Terms or its 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.
14.3 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 for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 The Agency issues Booking Confirmations, and forms contracts, on behalf of the Owner. The Customer acknowledges and agrees that the Agency accepts no responsibility for any acts or omissions of the Owner.
15. CHANGES TO THESE TERMS
15.1 The Agency may revise these Terms from time to time if it changes the way it lets the Property or if there are changes in any relevant laws and regulatory requirements or any circumstances beyond the control of the Agency.
15.2 When the Customer submits a Booking Form to the Agency, the Terms in force at that time will be incorporated into the contract the Customer forms with the Owner.
15.3 If the Agency revises these Terms in accordance with this clause 15, it will give notice to Customers by stating that these terms have been amended on the Website and including the date of the amendment in these Terms.
16.1 If the Customer has any compliant about the Property, it must contact the Agency immediately by email or telephone on 01736 799175. Save for cases of emergency, the Customer agrees to provide the Agency with written reasons for the complaint to allow the Agency to investigate the complaint further.
16.2 The Customer agrees to raise complaints during the Rental Period to allow the Agency to investigate the complaint and arrange for any necessary remedial action to be made.
17.1 The Agency may contact the Customer by telephone or by writing to the email address or postal address set out on the Booking Form.
17.2 The Customer may contact the Agency by telephone or in writing to the email address or postal address set out in the Booking Confirmation.
18. PERSONAL INFORMATION
18.1 The Owner shall collect the salutation, name (first name and surname), telephone numbers (mobile and landline), postal address of the Customer and the Guests (“Contact Data”).
18.2 The Owner shall process the Contact Data for the purpose of fulfilling the booking contract with the Customer and permitting the Customer and Guests to occupy the Property. The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.
18.3 The Customer agrees that the Owner shall share the Contact Data with the Agency for the purpose of completing the booking and permitting the Customer and Guests to occupy the Property.
19. EVENTS OUTSIDE OUR CONTROL
19.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations in these Terms that is caused by an Event Outside Control.
19.2 If an Event Outside Control takes place that affects the availability of the Property on the reserved dates set out in the Booking Confirmation:
a) the Customer will be contacted by the Agency as soon as reasonably possible; and
b) the Owner’s obligations under these Terms will be suspended and the time for performance of its obligations 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, the Agency and Owner will use reasonable endeavours to arrange suitable alternative dates (within 12 months of the Start Date) and, if no alternative dates are available, the Customer may cancel the contract and payments will be refunded to the Customer.
20.1 Any obligation on the Customer in these Terms not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
20.2 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, other than by the Agency.
20.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.4 An obligation in these Terms to pay money includes an obligation to pay Value Added Tax in respect of that payment.
20.5 These Terms entitle the Customer to occupy the Property for the purpose of a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988.
20.6 Under section 48 of the Landlord and Tenant Act 1987 the Customer is hereby notified that notices (including notices in proceedings) must be served on the Owner by the Customer at the following address:
c/o Sail Lofts – St Ives Limited
7 Sail Lofts,
20.7 This contract between the Owner and the Customer shall be governed by the law of England and Wales. The Owner and the Customer agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this contract.