Reference in these Terms and Conditions to “the Property” or “apartment” means the named apartment stated on your booking confirmation located at Sail Lofts- St Ives, Porthmeor Road, St Ives TR26 1GB, and shall include, where the context permits or requires, any and all common parts or communal areas such as the courtyard, passageways, wet room and bin storage area.
Reference to “the owner”, “us”, “our”, or “we” means Sail Lofts – St Ives Limited, which owns and operates Sail Lofts – St Ives.
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 or substituted therefore or otherwise occupying the Property.
Your application must be made either on-line via our website or on the telephone through our office, with a completed Booking Form.
Bookings made more than 8 weeks in advance require a 50% initial payment. The balance, plus any extras, is due 8 weeks before your holiday commences.
Bookings made less than 8 weeks in advance require the full charge plus any extras.
A non-refundable administration and booking fee of £50 is included in the initial payment made to us.
2. Balance Payment
On confirmation of the booking, the balance plus any extras is due 8 weeks before the commencement of the holiday. We do send a reminder – the balance due date is shown on the confirmation form. If the balance is not received within 7 days of the due date we reserve the right either to deduct the full amount outstanding from your debit or credit card, or at our election, to treat the booking as cancelled as set out in clause 14 below.
3. Damage Deposit
If you lose, damage or break any item of furniture, fixtures and fittings,fabric of the property or building or any of its contents, you will be liable to us for the full cost of repair or replacement. If you pay by credit card or debit card, you irrevocably authorise us to deduct from your credit card or debit card the full cost of such replacement or repair. By giving us your credit or debit card details you authorise us to charge any loss or damage to your card without your being present at the time of the card transaction and without any signature or further notice to or authority from you. If you do not book using a credit or debit card, you must pay the damage deposit of £300 by cheque at least 1 week prior to the start of your holiday.
Please note that the provision of the £300 damage deposit does not limit your liability for damage to this amount and you will be liable to us for the full amount of any damage or losses. Provided there is no loss or damage, any damage deposit taken will be refunded within 7 working days following the end of your holiday.
4. Method of Payment
Online payment by acceptable credit or debit cards, or by cheque payable to Sail Lofts.
A charge of £50 will be made for any dishonoured cheques, which will be added to your account. Any bank charges received on foreign cheques or transfers shall be paid by the Hirer and may be deducted from the damage deposit.
We charge VAT on your booking and this is included in the current quoted price.
Our VAT registration number is 922280152. If you require a VAT receipt, please tell us at the time of booking.
We reserve the right to refuse any booking at our discretion without giving any reason.
7. Price Changes
We reserve the right to amend prices quoted due to errors or omissions or changes beyond our control, such as changes to VAT.
We have four dog-friendly apartments at Sail Lofts – St Ives and accept a maximum of two dogs per property for an additional charge between September and June. Please see our Dog Friendly page for further details. Dogs are not accepted in any of our apartments or properties throughout July and August.
Dogs are accepted only in four specified apartments in accordance with our Dog-Friendly Policy and not in any other apartment or properties. If you bring a dog to Sail Lofts without prior written agreement or seek to bring a dog into any of the apartments or property which is not designated Dog-Friendly we reserve the right forthwith to cancel your booking and terminate your holiday without any refund. Should you decide to bring your dog to one of our dog friendly apartments, there is an additional charge of £15 per dog, per night throughout November, December, January, February and March (excluding school holidays) and a charge of £20 per dog, per night throughout April, May, June, September and October. School holidays excluding Summer are charged at £25 per dog, per night.
The entire area covered by the Sail Lofts is designated as non-smoking. This includes all apartments, utility areas, the wet room and storage area, and the central courtyard.
10. Duration and Times of Letting
Holiday lettings commence at 4pm on the first day of the tenancy and end at 10am on the last day of the tenancy. You must vacate the Property no later than 10am on the last day and failure to do so will result in an additional day’s rental charge to your account.
11. Website and Brochures
The photographs and images on our web site and in our brochures, and in other promotional material, may not reflect the actual or current furniture, decoration, room layouts or fixtures and fittings; and we reserve the right to change furniture, decorations, room layouts and fixtures and fittings at any time.
12. Key collection
Keys can, at our election, be collected by the Hirer, on arrival at 4pm. We use a key safe system at Sail Lofts – St Ives. A code for the key safe, with other details, will be sent to you 14 days prior to your booking.
13. Sale of alcohol
We will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18. By adding any alcoholic beverages to your booking you confirm to us that you are at least 18 years old.
We operate a ‘Challenge 25 Policy’ and you may be asked to provide photographic ID if we suspect you to be under 25 years of age on arrival. If you are unable to produce satisfactory ID in the form of a photo driving licence, passport or a proof of age card bearing a PASS accreditation hologram, we reserve the right to cancel the order.
Any alcohol purchased via Sail Lofts website or on-site during your holiday is for consumption only within your accommodation and not off the premises.
Cancellations must be advised to us in writing or by email. We will use reasonable endeavour to secure another booking for the Property for the same term, and if possible for the same charge, but we reserve the right to negotiate a lower charge.
Any refund will be made less the administration and booking fee, which is non-refundable, and less any difference in the charge we are able to make in respect of any replacement booking.
We shall not be liable to any Hirer of accommodation on the grounds that we have not used reasonable endeavour, or for any other reason.
If the Property has not been re-let the full hire charge will remain payable 8 weeks before your holiday commences.
It is possible to insure against cancellation and we strongly advise you to do so.
15. Changing a Booking
Once a booking has been confirmed the booking cannot be changed to another date except by dealing with the booking as a cancellation as set out in clause 14 above.
16. This Agreement
This Agreement confers upon the Hirer the right to occupy the Property for a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988. It does not create any tenancy or security of tenure of any description. No term in this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement.
17. The Hirer Agrees:
(a) To keep and leave the accommodation in a clean and tidy state, returning all furniture to the place in which it was found on entry. No cleaning service is provided during the tenancy.
(b) To pay for any loss, breakage and damage.
(c) Not to do anything to make void or voidable any policy of insurance.
(d) Not to cause a nuisance or disturbance to any neighbours, or others working in or occupying other offices,studios and/or apartments.
(e) To allow the Owner, his employees, contractors, servants or agents reasonable access at all times.
(f) To take all reasonable and proper care of the Property and its furniture, pictures, fittings and effects, and leave them in the same state of repair and condition, and in the same clean and tidy condition at the end of the period of occupation by the Hirer as at the start.
(g) To leave the accommodation in such a state and condition that it is suitable for occupation for another Hirer. If this is not the case the Hirer will be liable for the hire charges as shown for the accommodation for the period until it is so available and for any loss or damage which shall be occasioned thereby.
(h) Not to share the Property except with members of the party shown on the booking form, or to allow entry or use of the property by any third party.
(i) Not to part with or remove any possessions, furniture or effects on or in the Property.
(j) Not to exceed the total number of people the Property sleeps as set out in the Property description. A cot may only be occupied by a child aged 24 months or under.
(k) Not to enter or use the Courtyard for any purpose other than access to the Sail Lofts office, the apartments, the communal waste bins, the outside shower or wet room facilities.
(l) Not to use the gangways, passageways, balcony or external parts of the Property for any purpose other than walking to and from the Property.
In the event that any of these Terms and Conditions are breached, the Owner may forthwith re-enter the Property and terminate the occupation and/or pass to the Hirer any additional charges and claim damages for all losses.
(m) Not to to add any third party hardware on to our network to boost or enhance wifi signal.
18. Non Availability of Accommodation
If due to any occurrence beyond the control of the Owner, our employees or agents, the accommodation is not available as booked, all monies paid will be refunded in full to the Hirer, but neither the Owner nor our employees or agents shall have any further liability to the Hirer.
From time to time it may be necessary to undertake repair, maintenance, building or similar work either at or inside the Property, or in neighbouring roads or properties, and we reserve the right to undertake any such work at any time without making or paying any compensation, refund or similar payment to the Hirer or any member of his/her party. Similarly, we cannot accept any responsibility for any building, maintenance or repair work by any neighbouring or other property, nor for road works or utility works. No compensation, refund or other payments shall be required or made in respect of any such work.
The Owner does not accept any liability for consequential loss or damage suffered (death or personal injury excepted) by the Hirer or any other person, which results from the Owner’s negligence or the Owner’s breach of this Agreement.
The Owner does not accept liability for loss or damage suffered by the Hirer, which results from acts or omissions of the Hirer in connection with the hire and occupation of the Property.
In addition, we accept no liability for loss of or damage to the Hirer’s possessions kept or otherwise located on any part of the Property or land.
We do not provide parking at or outside of the Property and we do not accept any liability or responsibility for any damage, fines or loss in relation to the parking of any vehicle by the Hirer or any of his/her party.
If we provide parking for you whether in the Sail Lofts – St Ives car park located on Beach Road of at any other location, we will not accept any liability for any damage, fines or loss; and any vehicle left or parked at any location suggested or arranged by us is left or parked entirely at the owners own risk. If we provide you with parking, you must park only in the numbered parking bay we allocate to you and not in any other bays.
22. Complaints Procedure
If you have any cause for dissatisfaction you must contact us immediately by telephoning 01736 799175. 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 hire period; or any complaints made on or after departure.
The parties to this Agreement agree that if any part of this Agreement is found to be unreasonable, invalid or unlawful under any enactment or rule of law 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 had not been included.
24. Governing Law and Jurisdiction
These Terms and Conditions create a binding Agreement between you (the Hirer) and us (the Owner), and are governed by and shall be construed in accordance with English law. This Agreement is subject to the exclusive jurisdiction of the English courts.
Although properties are cleaned between bookings the hirer is expected to keep and leave the Property in a clean and tidy state. If a property is left in a state which results in any additional charges by our cleaners the costs will be recharged to you.
Should a mattress/bedding be soiled during your stay you will be liable to either:
a) cover the cleaning cost of soiled item(s), or
b) should this not be deemed adequate, a contribution of £250 towards the full cost of replacement
Waterproof mattress protectors are available and should be requested at the point of booking or prior to arrival.
The Sail Lofts – St Ives is completely non-smoking, and this includes the central courtyard and other common parts.
Any smoking in the Property will incur substantial additional cleaning costs for which the Hirer will be liable.
Interference to the picture can be experienced at times and is not necessarily a fault in the set or aerial but can be due to the tides and/or weather conditions.
Electricity and Gas
Are included in the price of your holiday.
You can take out holiday insurance to cover various risks including cancellation of your holiday due to circumstances beyond your control, such as accidents or illness. We strongly advise you to take out such appropriate holiday insurance.
Clean bed linen and towels are supplied once at the start of the holiday, and/or at the end of each week on a multiple stay.
If you wish to have a further change of clean bed linen and towels during your holiday, this can normally be arranged at an additional charge. Extra linen and towels can also be hired from us at an additional charge.
Cots, high chairs and stair gates are available subject to availability.
WiFi and Internet
We provide free WiFi internet connections for our guests, but this is subject to local signal strength and atmospheric conditions which can adversely affect connection and are outside our control.
We shall not be liable for any failure or unavailability of the WiFi internet signal, quality or connection. It is deemed unacceptable to add thirdparty WiFi extenders or boosters onto our network, should we suspect a device has been added to our network you will forfeit your access to the service.
If guests use our free WiFi internet connection, they are solely responsible for complying with all relevant laws and ensuring that no computer or software virus, inappropriate or illegal material, is accessed or downloaded, and we shall be fully indemnified by any guest using our WiFi internet service against any computer or software virus which is downloaded and damages our software, systems or hardware, and against any other consequences of the accessing or downloading of inappropriate or illegal material.
It is the sole responsibility of each guest to ensure that any parental locks or other restrictions are in place, and we cannot accept any responsibility for any inappropriate access or use of the internet by children or others.