Porthcothan Mill Cottage
Terms & Conditions
In these terms and conditions the following terms have the following meanings:
‘Accommodation’ means Porthcothan Mill Cottage, shown in the confirmation invoice or as may otherwise be agreed in writing between Porthcothan Mill Cottage and the Visitor;
‘Agreement’ means the agreement between the owners of Porthcothan Mill Cottage and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;
‘Porthcothan Mill Cottage' means Porthcothan Mill Cottage, Porthcothan Bay, Cornwall, PL28 8LN
‘Visitor’ means the person named in the confirmation invoice.
1.1 These Terms and Conditions are available online. The making of a booking will form an agreement on these Terms and Conditions between the Visitor and Porthcothan Mill Cottage for the holiday rental of the Accommodation.
1.2 Porthcothan Mill Cottage permits the Visitor to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.
1.3 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and shall make his or her party fully aware of these terms and conditions.
2. Price Changes
2.1 Holiday prices are reviewed each year in autumn, for the coming calendar year. Once prices are reviewed, the price for each Visitor’s booking is confirmed on their confirmation invoice.
2.2 If the Visitor has booked in advance of the price review, and the price for their holiday has changed as a result of the review, Porthcothan Mill Cottage will notify the Visitor in writing as soon as possible. Porthcothan Mill Cottage will then ask the Visitor to confirm the booking at the agreed new price, or confirm that they no longer wish to continue with the booking. Should the Visitor choose not to continue, they shall be entitled to a full refund.
2.3 If Porthcothan Mill Cottage has not heard back from the Visitor within 4 weeks it shall notify them again and if it has still not received confirmation within a further 4 weeks it shall have the right to terminate the booking. In such circumstances, Porthcothan Mill Cottage will only be liable for the return of the deposit.
It is important in order for Porthcothan Mill Cottage to correspond with the Visitor, that the Visitor keeps Porthcothan Mill Cottage notified of any changes in their contact details by email or by calling 07714 708416
3. Booking and Payment Terms
3.1 These terms have been varied temporarily during the current Covid-19 Pandemic to allow Visitors to wait until nearer their stay before making their final holiday payment and allow them to better assess the situation at the time. Once the Pandemic is over references to the period “4 weeks in advance” of the stay will revert to “6 weeks in advance”.
3.2 For bookings made 4 weeks or more in advance, the booking for a holiday will be effective when a deposit of at least one third of the holiday price (rounding up to the nearest pound sterling) has been received by Porthcothan Mill Cottage.
3.3 The full balance of the total holiday cost (including any increase made in accordance with these Terms and Conditions) will be payable not later than 4 weeks before the holiday begins.
3.4 For bookings made for a holiday less than 4 weeks away, full payment must be made at the time of booking.
3.5 All payments can only be accepted in Pounds Sterling and are either paid by bank transfer, or paypal (current Paypal fees will be added).
4.1 If a visitor wishes to cancel a booking they must give Porthcothan Mill Cottage notice in writing as soon as possible.
4.2 During the period where holiday arrangements are impacted by the Coronavirus Covid-19 Pandemic the following terms apply.
4.3 If a Visitor wishes to cancel a stay, due to the Covid-19 situation pertaining at the time, Porthcothan Mill Cottage will offer the following options:
4.4 If Government Advice at the time of the booked stay makes the stay impossible (for example by forbidding overnight stays away from home), Porthcothan Mill Cottage will offer the guest, at their option, a full refund or the option to book an alternative stay up to 18 months in the future and roll forward all payments into this stay.
4.5 If Government Advice at the time of the booked stay permits the stay to take place, but the Visitor wishes to cancel due to the Covid-19 situation and their own circumstances in that situation, Porthcothan Mill Cottage will offer the option to carry forward all moneys paid against a future stay up to 18 months from the original stay date.
4.6 Alternatively, at the Visitor’s option, Porthcothan Mill Cottage will release the booked dates to encourage another booking. If an alternative booking is received, any moneys paid will be refunded to the extent that we are able to secure another booking on the same terms. A partial refund may be made if we are able to secure another booking on less advantageous terms. If another booking is not secured, no refund will be made. However Porthcothan Mill Cottage will still offer the Visitor the option to roll payments into a future stay in accordance with clause 4.5.
4.7 At the Visitor’s request, Porthcothan Mill Cottage will provide confirmation in writing to enable the Visitor to make a claim on their insurance.
4.8 If a booking is cancelled within 4 weeks of the holiday date but before the final payment has been received,100% of the full cost of the holiday will be payable by way of a cancellation charge. This payment will then be dealt with under clauses 4.4 to 4.7 as appropriate.
4.9 If, following a booking, the full balance is not paid on time, Porthcothan Mill Cottage shall notify the Visitor. If, after 3 days from the date on which full payment is due, full payment has not been received by Porthcothan Mill Cottage then it may cancel the holiday booking and the above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.
5. Porthcothan Mill Cottage Right to Refuse/Alter
5.1 Porthcothan Mill Cottage may, at its discretion, refuse any booking.
5.2 Porthcothan Mill Cottage may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary: (a) due to circumstances beyond the reasonable control of the Porthcothan Mill Cottage; or (b) to perform or complete essential remedial or refurbishment works.
5.3 If a booking is altered or cancelled by Porthcothan Mill Cottage due to circumstances beyond its reasonable control, Porthcothan Mill Cottage will return to the Visitor the relevant proportion of the money paid by the Visitor to Porthcothan Mill Cottage in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.
6. Maximum Numbers of Visitors
Occupation must be limited to the maximum number of persons for the Accommodation stated on the Porthcothan Mill Cottage website, in the available beds only – no tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available in the cottage. To exceed the maximum number of persons in the cottage overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).
7.1 The holiday price will include all charges for water, gas, electricity or oil. Visitors must comply with the instructions found in the welcome pack in the cottage regarding the central heating, lighting and hot water controls. Any damage caused by using inappropriate fuel will be charged to the Visitor.
7.2 A landline phone is provided for the use of visitors. Local and National rate calls are included in the holiday price, subject to a fair usage restriction. The cost of international calls and calls to all premium rate numbers will be deducted from the Visitor’s deposit (see section 12).
8. Liability and Loss of Visitor Property
8.1 Lost property will normally be disposed of if it is not collected within 6 months and Porthcothan Mill Cottage may charge a reasonable administration fee to cover the costs of storage and handling of lost property.
8.2 Porthcothan Mill Cottage will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
a) unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
b) where such loss or damage is not a reasonably foreseeable result of any such breach; or
c) where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, Porthcothan Mill Cottage.
9.1 A maximum of one dog, can be accommodated at Porthcothan Mill Cottage.
9.2 Assistance dogs are permitted, however the Visitor must notify Porthcothan Mill Cottage of the intended presence of any assistance dogs prior to booking.
10. Porthcothan Mill Cottage Right of Entry
10.1 As with any accommodation, there is a need for ongoing and occasionally unforeseen work in the Accommodation. Porthcothan Mill Cottage and its contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
10.2 Porthcothan Mill Cottage will give the Visitor reasonable notice of such requirements.
11. Visitor Obligations
11.1 The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. The Visitor agrees to make his or her party aware of these terms and conditions.
11.2 The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
11.3 The Visitor must allow Porthcothan Mill Cottage and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
11.4 The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to Porthcothan Mill Cottage or to any neighbours.
11.5 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
11.6 Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.
11.7 The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing with the Porthcothan Mill Cottage Trust. The use of barbeques is permitted in the garden.
12. Damages and Security Charge
12.1 Porthcothan Mill Cottage recommends that Visitors hold personal insurance for accidental damage and personal liability.
12.2 If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to Porthcothan Mill Cottage immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.
12.3 All bookings will be subject to a refundable damage deposit of £250, payable at the time of booking. The cost of any damage or breakages up to the value of £250 will be deducted from the deposit and the remainder refunded to you. If no damage or breakages happen during your stay the deposit will be refunded to you in full within 4 weeks of the end of your stay.
You will be responsible for the cost of any breakages and/or damage caused in excess of the £250 deposit.
13.1 The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the holiday period, and not for any other purpose or longer period.
13.2 The maximum occupancy of the Accommodation shall not be exceeded. However, Porthcothan Mill Cottage will always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy (for example, a function or celebration). If the Visitor wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of Porthcothan Mill Cottage. If permission is granted, an additional charge will be made.
14. Water Supply
Porthcothan Mill Cottage cannot accept responsibility for a shortage of water at the Accommodation where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of Porthcothan Mill Cottage’s reasonable control.
If the Accommodation becomes inaccessible due to bad weather, Porthcothan Mill Cottage will take reasonable steps to inform the Visitor. However, the Porthcothan Mill Cottage’s liability does not extend to weather related conditions that affect roads.
16.1 Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the Porthcothan Mill Cottage. Reasonable steps will then be taken to assist the Visitor.
16.2 Porthcothan Mill Cottage is committed to ensuring that any problems or complaints the Visitor may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify Porthcothan Mill Cottage or refusal of reasonable rectification may affect the Visitor’s right to compensation or repayment.
16.3 Visitors must provide a contact telephone number and suitable time for Porthcothan Mill Cottage to communicate with them about problems or complaints. Visitors must allow access to the Accommodation by any staff or contractors of Porthcothan Mill Cottage to resolve problems or complaints. The Visitor must not independently move to other accommodation without first allowing the Porthcothan Mill Cottage the reasonable opportunity to assist in resolving the complaint or problem. If the Visitor does so, or refuses reasonable rectification, the Visitor may affect their rights to compensation or repayment.
16.4 Visitors must formally confirm any unresolved complaint in writing to Porthcothan Mill Cottage within 28 days of return from holiday, addressed to: Porthcothan Mill Cottage Holiday Let, 9 Chaucer Road, London SE24 0NY or by email.
17. Arrival and Departure Times
17.1 The Visitor and his or her party must arrive after the arrival time of 4:30pm on the first day of the holiday period. The Visitor must depart before the departure time of 10:00am on the last day of the holiday period.
17.2 The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday period and the Visitor must return them on the last day of the holiday period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.
18. Right to Evict
Porthcothan Mill Cottage may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:
18.1 this is deemed necessary by Porthcothan Mill Cottage where there is a serious breach by the Visitor of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of other visitors or members of staff; or
18.2 any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
19. Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts