Sea Breeze Apartment Terms and Conditions
1. Letting arrangements
The letting arrangements are made by “the Owners” of the property, and the contractual relationship in connection with the lettings is between the Owners and you.
2.1 Bookings may be made via the Sea Breeze Apartment website or by telephone.
2.2 All accommodation must be paid in full when entering a booking.
2.3 If we become aware of an error in the arrangements which the automated booking system has made with you we reserve the right to resolve this with you directly.
Your reservation for the Sea Breeze Apartment in Saint Austell is an advance purchase rate and a credit card is required to charge full pre-payment at the time of booking.
This is non-refundable and non-transferable.
5. Holiday Insurance
We advise all our guests to take out holiday insurance just incase your circumstances change.
6. Arrival and Departure
6.1 All lettings commence on Fridays unless otherwise agreed in writing by Sea Breeze Apartment.
6.2 All lettings commence at 3.00 p.m. on the day of arrival and terminate at 10.30 a.m. on the day of departure (unless otherwise notified and agreed by Sea Breeze Apartment)
6.3 The maximum letting period is 28 days.
7. Price changes
7.1 Sea Breeze Apartment has made all reasonable efforts to accurately describe the property in the information that we publish.
7.2 Sea Breeze Apartment cannot accept responsibility for errors contained in the information or any mis-description as a result of inaccurate information given to it by the Owner.
7.3 You acknowledge that minor differences may arise between the information given and the actual property itself.
7.4 Sea Breeze Apartment reserves the right to amend prices quoted in published information due to errors or omissions but such changes shall be notified to you as soon as possible.
8. Method of Payment
8.1 Payments can be made by credit or debit card, telegraphic bank transfer Internet Banking
9. The Holiday Letting
9.1 The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1. Paragraph 9 of the Housing Act 1988.
9.2 The letting does not confer upon you a short-hold tenancy.
10. Published Information
Some of the information published by Sea Breeze Apartment relates to matters beyond the properties such as shops, restaurants, public houses, and other private businesses. Changes to external facilities are outside Sea Breeze Apartment control. If Sea Breeze Apartment is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes.
Subject to condition 11.3 Sea Breeze Apartment cannot accept any liability for any act, neglect or default on Sea Breeze Apartment part or the part of the Owner or any other person not within their employ or otherwise under their control, nor for any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Sea Breeze Apartment its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the holiday letting. In addition, the Owner and Sea Breeze Apartment accept no liability for loss of or damage to your possessions on the Owners’ property or land.
11.2 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.3 Nothing in these conditions excludes or limits the liability of Sea Breeze Apartment or the owner: (a) for death or personal injury caused by Sea Breeze Apartment or the Owner’s negligence, or, (b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Sea Breeze Apartment or the Owner to exclude or attempt to exclude their liability; or
(d) for fraud or fraudulent misrepresentation.
11.4 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less any insurance or cancellation charges.
12. Your Obligations
(a) to pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which for the avoidance of doubt means repairs that are decorative and wear out or come adrift in the course of reasonable use)which will be determined at the Owners discretion;
(b) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed in writing with Sea Breeze Apartment
(c) to permit the Owner reasonable access to the property;
(d) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
(e) not to sell or transfer the booking to another without the written consent of Sea Breeze Apartment
(f) not to use a cot for a child over 12 months; and
(g) not to have anyone other than those detailed at the time of the booking and listed in the Booking Confirmation staying at the property; and
(h) to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Sea Breeze Apartment properties regarding your behaviour may result in the Owner requiring you to leave the property immediately without a refund of any monies paid by you.
(I) we are a Non-smoking accommodation and we have a smoking Penalty Fee of £50.
(J) No pets are permitted on the premises.
13 Breach of Contract
13.1 if there shall be a material breach of any of these conditions by you, the Owner or Sea Breeze Apartment reserve the right to re-enter the property and terminate the letting.
13.2 If there shall be a material breach of any of these conditions by Sea Breeze Apartment or the Owner, then you have the right to terminate the letting.
13.3 In the event that Sea Breeze Apartment is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you.
13.4 Termination of the letting pursuant to condition 13.1 and 13.2 does not affect that party’s other rights and remedies.
14.1 Sea Breeze Apartment tries to take every care to prepare the properties to a standard whereby you will enjoy your holiday. If a problem or cause for complaint does arise, please contact Sea Breeze Apartment immediately. Every effort will then be made to assist you. It is frustrating for all parties if you write after your holiday to inform Sea Breeze Apartment of a problem that could have been solved had Sea Breeze Apartment known at the time.
14.2 If Sea Breeze Apartment or the Owners were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint.
15. Data and Privacy
15.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. We will not pass your information onto any third parties for the purposes of administration. Contractors will not be allowed to use your personal information for any other purpose than that which Sea Breeze Apartment may have instructed. Your identity will also be made available to the Owner. By booking with us you are deemed to have consented to use of personal information for these purposes, if you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to Sea Breeze Apartment.
15.2 Sea Breeze Apartment is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
16 Validity Condition
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
17 Governing Law
The contract embodied in the booking is governed by English law, and subject to the exclusive jurisdiction of the English courts.
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