- The Law and Your Rights
- These conditions alone shall govern and be incorporated in every Contract for the lease of holiday property owned or managed by Lavender Dog Limited (hereinafter referred to as the Company). References to ‘the Company’ mean Lavender Dog Limited, its employees and nominated representatives (providing they were at the time acting in the course of their employment). 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 the company. These conditions set out the basis of your contract with the company. Nothing in these Conditions affects your normal statutory rights.
- All disputes shall be settled in accordance with the laws of England and any dispute between the parties will be subject to English laws. The parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or connected with this contract.
- Any proceedings arising out of this contract shall be brought in any competent jurisdiction in Cornwall.
- These booking conditions will apply to all confirmed bookings. These booking conditions supersede any previous conditions.
- The statutory rights of the person who deals as a consumer (as defined by Section 12 of the Unfair Contract Terms Act 1977) relating to mis-described or defective goods or services are not reduced by these conditions and information and assistance regarding statutory rights for consumers are available from Trading Standards Departments or Citizens Advice Bureau. The tenancy is a holiday tenancy pursuant to Section 9 part 1 of the First Schedule Housing Act 1988.
- Your Booking
- The hiring contract shall be between you and the Company. The party leader must be at least 21 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Company for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. The Company accepts no responsibility for personal injury to you or loss or damage to your property or other matters over which it has no control. You must take all necessary steps to safeguard your property and ensure your personal safety.
- The Company is not liable for any accident or injury occurring at the premises save where the accident or injury is as the result of the negligence or wilful misconduct of the Company.
- You should not engage any third party to provide any service at the property without the consent of the Company (and where relevant the Company’s insurers). In making a request for consent you must provide written details of the service provider and service and any information requested by the Company’s insurers. Consent will only be given where the third-party supplier has appropriate insurance cover and has provided all information relating to the insurance that is required.
- The company does not accept responsibility for the activities of third-party suppliers. Any recommendations made in person, online or on the notice boards are based on the genuine belief and/or experience of the Company and/or feedback from guests and/or contacts. The Company shall not be liable for the failure of a particular service provider to properly perform the relevant services, this being a matter between you and the third-party service provider. Any recommendation or suggestion does not alleviate the requirement to seek consent as specified in point 3 above.
- Bookings shall be made through the appointed agent and comply with their processes, terms and conditions.
- Every effort is made in compiling the web site as to accuracy. Facilities may be altered or withdrawn for reasons outside the control of the Company in which case no responsibility can be accepted. Any minor discrepancies between text, photograph and illustrations on the web site and the actual property may arise and must be accepted by you. Any additional information given by Lavender Dog Ltd, its staff or agents over the telephone shall not amount to representations on behalf of the Company
- Cancellation
- Cancellations shall be made through the appointed agent and comply with their processes, terms and conditions.
- Your occupation of the holiday accommodation will be on the terms contained in this document under the heading Terms of Hire.
- The Company does 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, the Company or agent will contact the party leader (by telephone or email where reasonably possible) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. If you do not want to accept a significant change or any alternative property offered or the Company cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to the Company. No compensation, expenses costs or other sums of any description (including the cost of securing alternative accommodation) will be payable in any circumstances.
- Complaints Procedure
- Should any cause for complaint arise; it must be reported to the local contact or key holder immediately and to the agent and Company who must be given the opportunity to rectify the situation.
- Should this fail however, or you are still dissatisfied, you should telephone details of your complaint to the agent within 48 hours of the start of your holiday or of the problem arising.
- Written details of your complaint must be received by the Company within 7 days of the end of your holiday, who will investigate your complaint.
- This complaints procedure must be strictly adhered to. No inspection of the property will be made when other holidaymakers are in residence.
- No refund of the rental fee will be made in full or part if you have continued to occupy the property after notifying the company of your complaint.
- Force Majeure
- Except where otherwise expressly stated in these conditions, the Company shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for the Company’s failure to perform any of its obligations to you which is due to any events or circumstances beyond its control. By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause and all similar situations. In appropriate cases the Company will refund to you all monies paid by you to the Company for your booking.
- The Terms of Hire, you will:
- Not do or suffer to be done on the premises anything which may be or become a nuisance or annoyance to the Landlord or to the tenants or occupiers of the adjoining premises or may vitiate any insurance of the premises against fire or otherwise or increase the ordinary premium thereon and not make any alteration in or to the premises.
- Not engage the services of any third-party provider without the consent of the Company and where relevant the Company’s insurers.
- Use the premises and the furniture, fixtures and effects in a tenant like manner and not remove any of the said furniture and effects from the premises and leave the said furniture and effects at the end of the holiday in the rooms or places which they were at the beginning of the holiday.
- Not swim in the pond or river or allow any member of your party to do so (dogs included).
- Not use the premises or any part thereof for any other purpose than that of a private holiday residence and not assign underlet charge or part with the possession of the premises or any part thereof or of the said furniture fixtures or effects or any of them.
- Not engage in any dangerous or hazardous activity in the premises or within the grounds.
- Keep the garden tidy and in good order, any fouling of gardens or pathways, is to be removed immediately, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.
- Yield up the premises at the end of the tenancy with all the said furniture fixtures and effects in the same clean state and condition as they were at the beginning of the tenancy and make good /pay for the repair of or replace all such articles of the said furniture fixtures and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and tear excepted).
- Pay for the cleaning of all counterpanes, sofa covers, curtains, rugs and carpets which have been soiled during the tenancy (reasonable use thereof nevertheless to be allowed for). An additional flat charge of £50 will be made if any such soft furnishings require additional cleaning.
- Not arrange for the delivery of any goods to the property unless you can guarantee you will be there to receive them.
- Ensure the holiday property is securely locked when not occupied during the holiday let.
- Keep pets, where allowed, under strict and proper control at all times, especially with regard to conditions 7 to 9 above inclusive.
- Have adequate insurance to cover any accident or damage caused by your pet(s).
- Not leave pets alone at any time in or near the property. Animal hairs to be removed from carpets and furniture prior to departure. Pets are not allowed in bedrooms or on furniture. Any fouling of gardens, yards or lanes is to be removed immediately, securely enclosed in a plastic bag and disposed of in an outdoor dustbin.
- Allow the Company and its representatives access to the accommodation at any reasonable time during any holiday occupancy.
- Accept that in rural locations people have to earn a living and often keep long hours and also accept the smells and noises associated with the countryside and farm life.
- Accept that in rural locations, rough ground, tracks and rustic features are uneven and possibly slippery.
- Limit the number of occupants to the number stipulated on the Helsbury Park web site and the party to those included in the booking. Lavender Dog Ltd reserves the right to refuse admittance to the holiday property if this condition is not observed.
- Only charge electric vehicles using the dedicated car charging point provided and paying the associated fee. You will be liable for any damage caused by inappropriate vehicle charging.
- Acknowledge that your occupation of these premises under this Agreement is required for your holiday ONLY and you undertake to vacate the premises at the expiration of the tenancy to enable the Company to meet its obligations under other Agreements made or to be made for the seasonal holiday lettings and/or to reoccupy the premises.
- If you or any member of your party fails to comply with these terms or if the Company or its representative has cause to reasonably believe that damage is likely to be caused, has been caused or is being caused by you or any member of your party, the Company is entitled at its sole and absolute discretion to refuse to hand over to you or to repossess the property (which includes the fixtures, fittings, furnishings and decorations). These circumstances will be treated as a cancellation by you. No refund of any monies you have made in respect of your booking will be made and nor will the Company 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 costs incurred by your needing to secure alternative accommodation). In this situation the Company is under no obligation to find you any alternative accommodation.
- If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.
Updated 01/01/2022