Padstow Breaks Terms & Conditions
In these booking conditions “We” “Us”, “Our” and “the Company” means Padstow Breaks.
Insurance: Tenants should make their own arrangements for Holiday Insurance.
All damage, breakage or anything giving cause for concern noticed on taking occupancy must be reported immediately to the Company by the Party Leader. If damage or breakage is not reported to the Company by the Party Leader on taking occupancy and then is reported to the Company by the Caretaker on your departure you will be charged the cost of the repair or the replacement of the damaged items.
All damage and breakage during your stay must be reported immediately to the Company by the Party Leader. The Caretaker will inspect the property immediately on your departure. Any damage or breakage will be reported to the Company by the Caretaker. For any damage or breakage that has not been reported to the Company by the Party Leader but reported to the Company by the Caretaker on your immediate departure, the Tenant will be charged to cover the cost of repair or replacement of the damaged items.
Padstow Breaks is responsible for the administration of your booking, but, except where otherwise stated in these Conditions. References to “You” and “Your” mean the person making the booking (the “Party Leader”) and all members of the holiday rental party who have been accepted by Padstow Breaks (including anyone who is added or substituted at a later date). These Conditions set out the basis of your contract with Padstow Breaks. Nothing in these Conditions affects your normal statutory rights.
1) Your booking:
All offers and bookings are subject to availability. The Party Leader must be at least 18 years of age at the time of booking. The Party Leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. By making the booking, the Party Leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The Party Leader is responsible for making all payments due to the Company. Your booking is made as a consumer and you agree that no liability can be accepted by Padstow Breaks for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When we issue a written confirmation (see below) to you, this signifies that Padstow Breaks has entered into a contract with you which is subject to these Conditions. Padstow Breaks has the right to refuse any booking prior to the issue of your written confirmation, and if we do this, we will tell you in writing and promptly refund any money you have paid us.
When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell Padstow Breaks immediately.
Please note we will provide you with your written confirmation either by post or email. If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you by email. If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking you would prefer it to be provided by email. All references to “your written confirmation” therefore means confirmations provided by post, or by email as applicable. It is your responsibility to check your emails regularly.
2) Paying for your apartment or cottage
When you book and make any payments for your apartment or cottage, you should pay the amount then due by debit card (there is no debit card payment surcharge) or credit card (please note there is a 2.3% credit card payment surcharge), or by sending a cheque to the Company.
Providing the booking can be confirmed, Padstow Breaks will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the us no less than 8 weeks before your arrival date at the apartment. An email/letter reminder will be sent to you one week before your due balance date. If your balance is not received on your balance due date your holiday will be presumed cancelled and you will lose your deposit. If you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For apartments booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking.
There are no extra costs to be added to the tariff. All utility charges are included i.e. Gas, electric and water. If any payment you make is not honoured for any reason whatsoever, Padstow Breaks is entitled to make an administration charge of £25. If any payment due in relation to your booking is not paid by the appropriate date, Padstow Breaks is entitled to assume that you wish to cancel your booking. In this case we will be entitled to keep all deposits paid or due at that date. The Company normally sends out a reminder to you before your booking is cancelled.
3) Cancellations or changes to your booking:
We do not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, Padstow Breaks will contact the Party Leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, Padstow Breaks will, if possible and as soon as reasonably practical, offer the Party Leader an alternative apartment (from the range advertised on www.padstowbreaks.com) of similar type and standard in a similar location for the same or similar time of year. If you do not wish to accept a significant change or any alternative apartment offered or if Padstow Breaks cannot offer you a suitable alternative apartment, you will be entitled to cancel your booking and receive a full refund of all monies paid to the us. However, refunds will not be payable where any change or cancellation results from “Force Majeure” (Please refer to section 4 below).
So as to keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The Party Leader should tell Padstow Breaks as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the Party Leader fails to tell Padstow Breaks that you wish to accept any change or alternative apartment that we are entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the us. However, refunds will not be payable where any change or cancellation results from “Force Majeure” (Please refer to section 4 below).
Please note the above options are not available where any change made is a minor change.
Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from “force majeure” (please refer to the Section 4 below) or where you have refused, without good reason, to accept an alternative apartment you have been offered. Please note, no compensation is payable for minor changes. No compensation is payable and the above options will not be available if Padstow Breaks cancels your booking as a result of your failure to comply with any requirement entitling us to cancel (such as paying on time). A minor change is a change which, taking into account the information you gave at the time of booking or which we can reasonably be expected to know, we (as applicable) could not reasonably expect to have a significant effect on your confirmed booking.
4) Circumstances beyond the control Padstow Breaks (Force Majeure):
Except where otherwise expressly stated in these Conditions, Padstow Breaks shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by Padstow Breaks to perform or properly or promptly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of Padstow Breaks (referred to as “force majeure” in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, pandemics, destruction or damage of the property by any cause (other than negligence of Padstow Breaks) and all similar situations. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by us.
5) Apartment details:
We aim to ensure that the information provided by us is accurately conveyed on the Company web site and brochures. However, the information on the Company web site and brochures may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the Company web site and brochures, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Company at the time of booking. There may be small differences between the actual apartment and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, Padstow Breaks will tell the Party Leader as soon as reasonably practical after we become aware of the situation.
We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned. The Company makes reasonable efforts to ensure that information supplied to you in relation to the apartment or its facilities and/or services is accurate and complete as at the date given. Padstow Breaks will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information contained in a brochure or otherwise provided to you as soon as reasonably practical after the Company becomes aware of the change or inaccuracy.
6) Liability:
Padstow Breaks shall have no liability for any death or personal injury. You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, such personal property except, in the case of Padstow Breaks, where the damage or loss is caused by the negligence by us or that of any employee of the Padstow Breaks (providing they were at the time acting in the course of their employment).
7) If you change or cancel your booking:
(i) Changes
If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made an administration fee of £25 will be payable to Padstow Breaks once any change has been made together with any other resulting costs (for example any increase in price). However, it is important to realise that a change of apartment or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. Padstow Breaks will advise the party leader if this is the case when the change is requested. The party leader must then inform us as soon as reasonably possible to whether you still wish to change your booking. If you advise us that you do or the party leader fails to contact Padstow Breaks as soon as reasonably possible, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, Padstow Breaks will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.
(ii) Cancellations
If you have to, or wish to, cancel your booking, the Party Leader must telephone Padstow Breaks on the number shown on your booking confirmation as soon as possible. The Party Leader must also immediately confirm your cancellation in writing sent by recorded delivery to the Company at the address shown in the brochure or on the website. The day the Company receives your telephone notification of cancellation is the date on which your booking is cancelled.
Depending on your reason for cancellation, you may receive a refund of all monies you have paid to the Company for your booking. The Company will also retain a cancellation administration fee of £35 per week or per part week per booking.) Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis.
To qualify for a refund your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your holiday and must prevent you from taking your holiday. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home - Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage, during the period of your holiday or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your holiday destination due to snow or flood conditions or as a result of being involved in an accident en route (NB: This only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from the Police, RAC or AA). Although a refund is available in these circumstances you may prefer to delay your arrival. In these cases, a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% (For short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours). You will be asked to complete the Company’s Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which the Company may request further information from a third party.
The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to.
Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, eg: dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, a cancellation charge will be payable, based on the number of days before the arrival date at the property that the Company receives notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total holiday cost by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of the table below, cost means the total cost of the booking and administration fee paid for making any change. Please note that administration fees are not refundable in the event of your cancellation.
Number of days before arrival date that notification of cancellation is received.
Cancellation Charge:
More than 56 days - Full Deposit
29-56 days - 50% of cost
15-28 days - 75% of cost
1-14 days - 90% of cost
On arrival date or later - Total Cost
(iii) Curtailment of your holiday
A refund as set out above is also available if your holiday is cut short for any of the qualifying reasons set out in (ii) above. In this case, you will be reimbursed for the appropriate proportion of the holiday charge. This only applies if the property is vacated by all persons in your holiday party. Where your holiday is curtailed for medical reasons affecting any persons in your party, you will need to produce a certificate from a local doctor, confirming the necessity of returning home.
8) Your apartment:
You can arrive at your property strictly after 3.00pm on the start date of your holiday rental and you must leave strictly by 10.00am on the last day. Any damage, breakage or anything giving cause for concern noticed on taking occupancy must be reported within 48 hours to Padstow Breaks. No complaints will be accepted after the termination of The Tenancy, or where The Tenant has denied Padstow Breaks the opportunity to try to put matters right during The Tenant's stay.
Padstow Breaks will require you to pay a security deposit of £100. The security deposit will be refunded by Padstow Breaks at the end of your holiday rental (less any costs for breakages, damage etc if applicable - see below).
You and all members of your party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. Losses, damage or any cleaning necessary over and above normal servicing, will be invoiced to you on departure. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by Padstow Breaks. You are responsible for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and Padstow Breaks can require payment from you to cover any such costs.
We are entitled at our sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if we reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you.
You also must not allow more people than the web/brochure states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property. No pets can be taken into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, we can refuse to hand over the property to you, or can repossess it. If Padstow Breaks does so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and we will not have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). Padstow Breaks will also not be obliged to find any alternative accommodation for you.
On vacating your property during your holiday, when leaving on your departure date and when you retire to bed you must check that:
All electrical and gas appliances are switched off at the appliance and at the wall plug/switch.
All water taps are turned off.
All windows are closed (upstairs windows may be left open when you retire to bed).
All doors are locked.
Only central heating, freezers and fridges can be left on when the property is empty or when you retire to bed.
'No pets allowed' in any of the apartments.
9) Linen:
Linen is included in the price. This includes bed linen, one bath and one hand towel per person, one hand towel and one bathmat for the bathroom, one hand and two tea towels for the kitchen. In the case of bookings of two or more weeks a linen change, as above, will be provided on the property’s changeover day at 10 am (ie at the end of each week). The dirty linen which should be removed and placed in a bin liner and will be collected when the clean linen is delivered. The clean bed linen will only be supplied and not put on the beds.
10) Smoking:
All properties are strictly non-smoking.
11) Access:
You must allow Padstow Breaks and any representative of the Padstow Breaks (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations we are entitled to enter the property at any time without giving you prior notice).
12) Complaints:
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint Padstow Breaks are anxious that remedial action is taken as soon as possible. It is essential that you contact Padstow Breaks immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the company is promptly notified. Discussion of any criticisms with Padstow Breaks whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 30 days of returning from your holiday rental, put your complaint in writing to Padstow Breaks. We will then follow our company complaints procedure. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help us to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
13) Communicating with You:
For the purposes of the Data Protection Act 1998, Padstow Breaks is the sole data controller of all personal data provided to the Company by customers and prospective customers. In order to process your booking the Company needs to collect certain personal details from you, for example names and addresses of party members. In order to effectively process your credit or debit card transactions it may be necessary for the secure bank or card processing agency we use to verify your personal details. However, under no circumstances will Padstow Breaks hold sensitive payment details such as your credit or debit card number, expiry date and security code. All such details collected for payment transactions are handled through our accredited secure payment bureau "Sage Pay", which displays more information about the Sage Pay privacy policy at http://www.sagepay.com/privacy_policy.html
The Company will need to process and store your personal details for their own administration, market analyses and operational reviews. The Company would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which the Company feels may be of interest to you). All details you give to the Company at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
Except where expressly permitted by the Data Protection Act 1998, the Company will only deal with the personal details you give to it as set out above unless you agree otherwise.
14) Law:
The contract between you and Padstow Breaks is subject to English law and no other, and is formed in Warwick, Warwickshire England. It is agreed that any dispute you may have with Padstow Breaks will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of those countries.
15) Your rights:
Your statutory rights are not affected by anything contained within these Conditions.