Terms and Conditions - Kingfisher Cottage

These terms are between you and us.

DEFINITIONS
1. When the following words with capital letters are used in these Terms, this is what they will mean:

Arrival Date	the date and time on which your Booking will begin and the Property will be made available to you.
Balance Due Date	8 weeks before your Arrival Date.
Booking	the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date.
Booking Confirmation	the written acceptance from us of the Booking Reservation which may include more information such as details around arrival and departure, directions, House Rules, EV Policy etc.
Booking Deposit	30% of the Booking Price plus the £150 Damage Deposit and the non-refundable £50 Booking Fee required when making your Booking Reservation.
Booking Price	as set out on our Website and then confirmed in the Booking Confirmation.
Booking Reservation	your request to book the Property.
Business Day	a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Cancellation Fee	the administration booking fee of £50 is charged and any bank transfer charges we incur plus those itemised in clause 7 below.
Contact Details	the details found on the Contact Us page of our Website and which will be set out in all communication between us and you when in written form.
Departure Date	the date and time on which your Booking will end and you must vacate the Property.
Events Outside of the Parties Control	as defined in the clause below on Events Outside of the Parties Control.
Group	the named individuals attending the Property subject to these Terms.
House Rules	a separate section of this document provided to you at the time of the Booking Confirmation and therewith forming our contract.
Permitted Pets	any animal attending the Property (other than assistance animals).
Property	Kingfisher Cottage, 45 Pendra Loweth, Falmouth provided for holiday letting purposes, details of which have been made available on the Website and includes the outside patio space belonging to the Property.
Security Deposit	a fee of £150 taken prior to the Arrival Date and held throughout the duration of the Booking in case damage is caused to the Property.
Terms	the terms and conditions on which your Booking is supplied to you (also referred to as Booking Terms), being this agreement and any other documentation referred to in this agreement which constitute our overall contract.
Website	www.kingfisher-pendra-loweth.co.uk together with other websites which may be used by us from time to time.
We/our/us	Lyn & Mark Williams, Kingfisher Cottage, 45 Pendra Loweth, Falmouth
You/your	the individual who makes the Booking Reservation, who must be over the age of 18.

- When we use the words “writing” or “written” in these Terms, this includes email but does not include facsimile or any messaging service or platform.
- Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
- If any of these Terms conflict with any term contained within the Booking Confirmation, these Terms will take priority.
OUR CONTRACT WITH YOU
- We strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.
- Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) are complete and accurate before you submit the Booking Reservation.
- These Terms will become binding between us once we issue you with the Booking Confirmation.
- Your Booking is accepted only once we issue a Booking Confirmation.
- The maximum number of people who can stay in the Property under the terms of the Booking will be confirmed in the Booking Confirmation.
- Unless otherwise personally agreed and notified with you by the property owner, Lyn Williams, you agree not to arrive at the Property before the Arrival Date and to depart from the Property no later than the Departure Date. The Property will not be available at any time outside of the times reserved by you and set out in the Booking Confirmation and you may be charged if you do not leave by the agreed time on the agreed Departure Date.
- All illustrations, photographs and other imagery displayed are for illustrative purposes only and décor and layout are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
- As lead for the Group, you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.
- The Property is provided for holiday letting purposes only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any of:
  - tenancy.
  - the right to sub-let the Property in part or in whole;
  - an assured shorthold or tenancy (AST); or
  - any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.
ENJOYING THE PROPERTY
- Access to the Property is subject to adherence to these Terms and House Rules, which are contained in a separate document and form part of these Terms.Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage, guidance on use, safety or operational instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk. During your Booking at the Property, you shall take proper care of the Property and its contents during your Booking. You may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which they are found at your Arrival Date. You shall report to us any damage, destruction, loss, defect, or disrepair affecting the Property as soon as it comes to your attention, to allow us to investigate and take steps to rectify where deemed necessary for the benefit of future guests. Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation, or expenses claimed by you in respect of the provision or quality of internet connectivity. Any recommendations for third party services, establishments and amenities made by us are our personal recommendations only and do not guarantee any level of service or quality. It is your sole responsibility to ensure that the Property is suitable for you and your Group’s needs ahead of making your Booking Reservation. We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property. We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople), reserve the right to enter the Property at any time for the purpose of inspection or to carry out any repair deemed necessary to the Property or its contents.
- All belongings and vehicles are left at the Property at your own risk. Please ensure all of your belongings are removed by the Departure Date as the return of any of your lost property cannot be guaranteed and will incur charges to post to you.
- There is no electric vehicle charging facility at the Property. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the Property (indoors or anywhere on the Property) as it invalidates the property insurance policy. Instead, electric vehicle chargers are provided next to the disabled car parking bay, which is close to the right-hand side of the nearby clubhouse building.
- Third party providers (e.g. caterers, private chefs, entertainers, etc.) are not permitted at the Property without our prior written permission.
PETS
- Kingfisher Cottage only accepts one well behaved dog in the Property, and this is subject to an additional charge of £25 per stay.
- Where pets that are not permitted but have been brought with you for the Booking, we reserve the right to request immediate departure.
- We reserve the right to refuse admission or request immediate departure from the Property to anyone who their Permitted Pet is considered to be, in our sole discretion, a nuisance or danger to others. No refund will be due.
- You will be liable for any damage caused by animals or parasites introduced by your Permitted Pets.
- We are not liable for any allergies that are affected as a result of any pets present in a previous occupancy.
PRICE AND PAYMENT
- The Booking Price will be based on your Booking Reservation and confirmed in your Booking Confirmation.
- Where your Booking Reservation is before the Balance Due Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.
- Where your Booking Reservation is made after the Balance Due Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
- No entry to the Property will be permitted where payment of the full Booking Price has not been made.
OUR LIABILITY TO YOU
- No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
- We make the Property available for domestic and private use only. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- We strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation. You may cancel a Booking before the Arrival Date by contacting us in writing or by email using the Contact Details. A Cancellation Fee will be charged if you cancel your booking.
- Your liability for Booking Price is dependent on the period of notice that you give us, as set out below. The time and date of the cancellation is when we receive written notice from you.

Number of days before Arrival Date that notification of cancellation is received	Percentage of Booking Price & Fee payable by you
Up until 48 hours after you make the booking	Full refund less the non-refundable Booking Fee of £50 and plus any bank transfer charges we incur
From 48 hours after Booking is made and prior to the Balance Due Date	30% (the Booking Deposit) plus the non-refundable Booking Fee of £50 and plus any bank transfer charges we incur
Less than 8 weeks	100% plus the non-refundable Booking Fee of £50

- We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
- If you cancel your Booking, we will try and re–let the Property. If we are able to re-let the Property, we will refund money paid less any deposit you have paid and less the non-refundable Booking Fee of £50 and plus any bank transfer charges we incur and subject to any difference in price between the Booking Price and the re-let price.
- Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you. Again, we strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.
- If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation on the arrival date and will not be refundable. For example: self-isolation or quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport will all be treated as cancellation by you in accordance with this clause. Again, we strongly recommend that you take out an appropriate travel insurance policy before placing your Booking Reservation.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control. We will promptly contact you if this happens. If we have to cancel a Booking under this sub-clause and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full.
- We may cancel your Booking at any time with immediate effect and no liability for any refund by giving you written notice if you:
  - do not pay us when you are supposed to; or
  - breach the contract in any other material way, including but not limited to any of the terms of the clause above on Enjoying the Proprty or the House Rules.
EVENT OUTSIDE OF THE PARTIES CONTROL
- Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. An Event Outside our Control includes, but is not limited to strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption. An Event Outside our Control also includes extreme weather (including but not limited to snow and ice, high winds and flooding).In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided us.
- Should an Event Outside our Control occur which means the Property cannot be provided to you, we will let you know as soon as possible so a refund can be arranged for you.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- We will use the personal information you provide to us in accordance with our Privacy Policy.
CHANGES TO BOOKING OR TERMS
- We may revise these Terms from time to time.If we have to revise these Terms we will give you at least fourteen (14) days written notice of any changes to these Terms before they take effect, or as much notice as possible where your Arrival Date is less than fourteen (14) days before the date of the change.
- If you wish to change the dates of your Booking or amend your Booking in any way, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these Terms to another individual or legal entity, but this will not affect your rights or our obligations under these Terms.
- Except for you and us, no other person shall have any rights to enforce any of these Terms.
- Each of the paragraphs 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.
- If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.
- These Terms are governed by the law of England and Wales. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

HOUSE RULES

Whilst using the Property, the Hirer agrees to adhere to the following House Rules:

You are responsible for the supervision of all members of your party including those under the age of 18 and for the supervision of any permitted pets, at all times.
Comply with the instructions set out in any Property Welcome Book or information manual provided in the Property, emailed or posted to you by the Owner and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party.
Respect the local community and keep the noise levels to a minimum, especially between the hours of 11pm and 8am.
Smoking (including e-cigarettes and vapes) is not permitted inside the Property.
No visitors are allowed to stay at the Property. If you wish to invite additional guests during your stay, please contact us prior to your stay.
Where animals are permitted, you must not leave them unattended in the Property.
Fire risks including candles, firepits, fireworks, lanterns are not permitted at the Property.
You will be responsible for the safe custody of the Property key and will pay a fee of £40 if you or anyone in your party loses the key.
Drone and unmanned vehicles are not to be used on or from our site without permission.
You are not permitted to use domestic power sockets to charge an electric or hybrid vehicle, including electric bikes and scooters.
You will keep and leave the Property in a clean and tidy state, returning all furniture to the place in which it was found on entry. No cleaning service is provided by the Owner whilst the property is occupied. If the Property is left in a condition which results in any additional charges by our cleaners, the costs will be recharged to you at an overtime rate of £30/hour plus the cost of any specialised cleaning products necessary.
You will keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition and to pay for any loss, breakage and damage.
You will not do anything to make void or voidable any policy of insurance. This includes: not using the Property’s electric domestic power sockets to charge your vehicle, including electric bikes and scooters; breaching the requirements of any Fire Safety Notice with particular regard to ensuring no smoking, no vaping, no use of candles or matches and no deep-fat frying in the Property; and not leaving windows open when the Property is unoccupied or during inclement weather – if windows or doors are left open or the Property is in anyway left unsecure, the owners or their agent have the right to enter the Property and secure it / protect the Property.
You will not cause any damage to the walls, doors, windows or any other part of the Property.
You will allow the Owner, his employees, contractors, servants or agents reasonable access at all times.
You will 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.
You will leave the accommodation in such 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.
You will not share the Property except with members of the party shown on the booking form, nor to allow entry or use of the Property by any third party without the express permission of the Owner.
You will not remove any of the Owner’s possessions, furniture or effects on or in the Property.
You will not exceed the total number of people the Property sleeps as set out in the Property description, nor can you significantly change the makeup of the party during your stay in the Property. A travel-cot may only be occupied by a child aged 24 months or under.
You will not run any form of business from the Property.
You will not add any third-party hardware on to our network to boost or enhance the Wi-Fi signal.
You will take all necessary steps to safeguard your personal possessions both inside and outside the Property e.g. ensure ground floor windows are securely closed and external doors are locked when the Property is unattended and do not leave items in full view through windows.
You will ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays where applicable, loss and damage to baggage and other possessions) and health insurance (including evacuation and repatriation coverage).

IMPORTANT INFORMATION

Parking

We do provide off road parking for one vehicle in a specified parking bay next to the Property. Additional, unmarked bays are available nearby if not already in use by other cottages. However, 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/their party.

Cleaning

The Property is only professionally cleaned between bookings. Should the Hirer want an additional cleaning service during their stay this can normally be arranged in advance with the Owner and will incur an additional charge of £100.

Robotmowers

There are several robot mowers operating around Pendra Loweth between the hours of 5 am and 5 pm daily in order to maintain the lawns in good condition. Therefore, guests are advised not to leave anything lying on the lawns during these times as they may get chewed by the mower blades (e.g. picnic or dog blankets). If the hours of operation are going to interfere with your holiday plans (e.g. a family lunchtime picnic) please let the office know and they will send a command to the mower concerned to return to base.

Television Reception

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 weather conditions and being located in Maen Valley.

Electricity and Water

Are included in the price of your holiday. The Property is heated via electric radiators. Heating is set to come on via a timer. You may increase such times by pressing the ‘advance’ button once or twice to extend the times set – as per the instructions in the Property’s appliances instruction manual. In accordance with our eco-friendly policy, you are not authorised to change the actual set timings, nor leave the heating on constantly or excessively when the Property is unoccupied.

Linen

Clean bed linen and towels are supplied once at the start of the holiday. If you wish to have a further change of clean bed linen and towels during your holiday, e.g. for a stay of more than a week’s duration, this can normally be arranged at an additional charge of £100.

Equipment for infants

A stairgate, travel cot and highchair are available at a charge of £15 per stay but you are responsible for their installation if you choose to use them and must provide your own cot linen.

Wi-Fi and Internet

We provide free Wi-Fi internet connection for our guests, but this is subject to fair use (i.e. not 4K or 8K streaming or high-speed gaming), local signal strength and atmospheric conditions which can adversely affect connection and are outside our control. We have had instances where the provider has failed to provide a signal for up to 48 hours.
We shall not be liable for any failure or unavailability of the Wi-Fi internet signal or connection.

If guests use our free Wi-Fi 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 Wi-Fi 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.

Complaints Procedure

Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint it is important that remedial action is taken as soon as possible. If you have any cause for dissatisfaction, you must contact us immediately by telephoning 07590 622649. 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; where made on or after departure.