Booking Terms and Conditions
These Booking Terms and Conditions (“these Conditions”) apply to lettings of holiday accommodation by Trevassack Holidays (as defined below). These Conditions form the basis of your contract with Trevassack Holidays so please read them carefully before making a reservation.
These Conditions set out:
Your legal rights and responsibilities;
Our legal rights and responsibilities; and
Certain key information required by law.
Customer: the customer booking the holiday and responsible for the Guests occupying the Property.
Booking Confirmation: the confirmation of a booking provided in writing (email) by Trevassack Holidays to the Customer when a booking has been accepted.
Booking Form: the online booking form completed by, or on behalf of, the Customer.
Rental Period: the period of time the Property is provided to the Customer as set out in the Booking Confirmation.
Guest/s: the people that occupy the Property subject to these Conditions and named on the Booking Confirmation.
Property: the accommodation identified in the Booking Confirmation together with the fixtures, furniture and effects at the Property which may be specified in the Inventory.
Property Description: the description of the Property set out on the Website.
Inventory: the inventory of fixtures, furniture and effects at the Property.
Rental Fees: the total amount due from a Customer in respect of a booking of the Property.
Booking Fee: a non-refundable booking fee of £30 (including VAT).
Booking Deposit: 30% of the Rental Fee plus the Booking Fee.
Event Outside Control: any act or event beyond Trevassack Holidays reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, movement restrictions, government lockdowns, quarantine requirements or other natural disaster, or failure of public or private telecommunications networks.
Trevassack Holidays: Trevassack Holidays is a trading name of CST Trading Ltd incorporated and registered in England and Wales with company number: 12572960 whose registered office is Hodgsons, 48 Arwenack St, Falmouth TR11 3JH.
Website: Trevassack Holidays’ Website currently located at www.trevassackholidays.com, together with such other websites which may be developed by Trevassack Holidays from time to time.
2. By making a booking, you agree that:
You have read these Conditions and agree to be bound by them;
You are authorised to accept these Conditions on behalf of the Guests, including those substituted or added at a later date;
You are over eighteen years of age; and
You agree to take responsibility for the Guests occupying the Property, and to notify Trevassack Holidays if they are not a Guest confirmed on the Booking Confirmation.
You will ensure that the number of Guests occupying the Property do not exceed the maximum stated in the Property Description, unless formally agreed in writing by Trevassack Holidays (please note that babies under the age of 2 are not normally counted towards the maximum number of occupants).
You will ensure that all Guests are aware of, and comply with, these Conditions.
3. Covid-19. Trevassack Holidays Flexible Booking Policy for holidays up to 31st October 2021:
Should you not be able to travel because your home, or holiday accommodation be in a lockdown, or you or one of your named guests contracts Covid-19 then Trevassack Holidays will either offer a transfer to an alternative date, in the same accommodation, to be taken no later than 31st October 2022 or provide a full refund.
If you choose to transfer your booking to a higher or lower value period, please note that you will be liable to pay any difference should the value be higher, alternatively if your transfer to a lower value period then you will be credited with the price difference accordingly.
Please note that this Flexible Booking Policy is only available in relation to a cancellation that arises directly because of Government advice against travel in your home location, or the accommodation location, or due to you, or one of your guests becoming unwell with Covid-19. For all other cancellations, clause 8 shall apply.
If you would like to book using our Flexible Booking Policy, you will need to opt in at the reservation stage. A transfer to an alternative date will only be available on the basis that you give notice of your intention to transfer at least 72 hours before your arrival date.
We strongly advise you take out comprehensive travel insurance to cover cancellation costs and your stay in the Property.
4.1 Trevassack Holidays are essentially providing accessible holidays. It is the Customer’s responsibility to ensure that the Property they are booking is suitable for their needs and requirements.
4.2 It is our policy not to accept bookings for hen or stag parties or from groups of people under the age of 18 years or from groups where the majority of the group are under 21 years, with the exception of families or supervised groups.
5. Deposit and Booking
5.1 If a booking is made eight weeks or more before the first day of the Rental Period, a Booking Deposit plus Booking Fee is payable. The Booking Deposit shall be paid by the Customer at the time they submit the Booking Form to Trevassack Holidays.
5.2 If a booking is made less than eight weeks before the first day of the Rental Period, the full Rental Fees, plus Booking Fee and any additional charges specified on the Booking Confirmation, must be paid at the time of submitting the Booking Form.
5.3 The Customer agrees to pay the Booking Fee. If two or more Properties are booked these constitute separate contracts and are subject to separate Booking Fees.
5.4 The Customer’s submission of a Booking Form is an offer to let the Property on the requested dates. If the Property is available on the requested dates and is suitable for the Guests’ accessibility requirements, Trevassack Holidays will send the Customer a Booking Confirmation. At this point a binding contract, incorporating these Conditions, will come into existence. Trevassack Holidays reserve the right to refuse a booking and, if Trevassack Holidays refuse a booking, the Rental Fees and any additional charges paid by the Customer will be refunded immediately.
5.5 All Rental Fees are inclusive of VAT.
6. Balance payment
6.1 Unless otherwise agreed by Trevassack Holidays in writing, the Rental Fee shall be set out on the Website at the time of submitting the Booking Form.
6.2 Subject to clause 8, as soon as the Booking Confirmation is sent, the Customer is responsible for payment of the balance of the Rental Fees along with any additional charges as specified on the Booking Confirmation. The Rental Fee does not include any activity courses, launch fees, watersports equipment hire or other service that is not mentioned as inclusive in the Property Description. The relevant fees and terms and conditions which apply to those activities are set out separately on the Website.
6.3 Payment of the Rental Fees and additional charges are due to Trevassack Holidays eight weeks before the first day of the Holiday and non-payment by the due date may be treated as a cancellation.
6.4 If the balance of Rental Fees is not paid by the Customer on the due date, then the Customer will be deemed to have cancelled their booking and Trevassack Holidays shall retain the Booking Deposit and Booking Fee.
6.5 Trevassack Holidays shall not be responsible for sending reminders of the balance of payment due date. This date will be set out on the Booking Confirmation.
7. Changing a booking
7.1 Once a Booking Confirmation has been sent, the booking can only be changed by cancelling the original booking in accordance with clause 8.
7.2 The Rental Period may not be changed by the Customer within two weeks of the first day of the Rental Period, any other date changes are subject to prior written approval by Trevassack Holidays and will incur a £50 administration fee.
8. Cancellation of a booking
8.1 A booking can only be cancelled prior to the first day of the Rental Period.
8.2 A Customer who wishes to cancel the booking must notify Trevassack Holidays in writing.
8.3 In the event that a cancellation request is received by Trevassack Holidays in writing, the Customer is liable for the full Rental Fee until such time as Trevassack Holidays are able to re-book the accommodation. If the accommodation is successfully re-booked then Trevassack Holidays will refund the amount obtained from the re- booking (which may be less than the Customer paid, if Trevassack Holidays find it necessary to re-market the accommodation on a discount to fill the dates during last minute or low demand periods), less the non-refundable Booking Fee and a £50 administration fee.
9. Price amendments
9.1 Trevassack Holidays reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is higher than the original price quoted on the Website.
9.2 Subject to clause 24, if there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Trevassack Holidays will adjust the rate of VAT and the Customer agrees to pay the applicable rate.
10. Method of payment
All payments made to Trevassack Holidays may be made by credit card, debit card or electronic bank transfer.
11. Overseas bookings
Customers located outside the United Kingdom shall pay in Pounds Sterling by Mastercard, Visa card or by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
12. Duration and times of rental
12.1 Rentals are for a maximum of four weeks and commence at 4.00pm on the first day of the Rental Period and end at 10.00am on the last day of the Rental Period, unless otherwise notified in writing by Trevassack Holidays.
12.2 The Rental Period cannot be exceeded unless Trevassack Holidays give prior written approval. The Customer will be liable for any cost of whatever nature incurred due to an unauthorised extension (including any additional Rental Fees not set out on the Booking Confirmation).
13. The holiday
The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. Customer obligations
The Customer agrees:
14.1 to pay for all additional facilities and services incurred during the Rental Period and not included in the Rental Fee or set out on the Booking Confirmation;
14.2 to report to Trevassack Holidays any damage, destruction, loss, defect or disrepair affecting the Property or items listed on the Inventory (if any) as soon as it comes to the attention of the Customer or Guest;
14.3 to pay for any losses or damages to the Property caused by the Customer or Guest (excluding any damage caused by fair wear and tear). If it is proven that damage is directly attributable to the Customer or Guest, then Trevassack Holidays have the right to reclaim any costs incurred up to the sum of £300 from the card the Customer used to pay the Rental Fees. All damage or breakdowns must be reported to Trevassack Holidays immediately so issues can be put right before the arrival of the next guests;
14.4 to take good care of the Property and leave it in the same state of repair, condition and cleanliness as at the commencement of the Rental Period. A cleaning service is not provided during the Rental Period. If Trevassack Holidays is dissatisfied with the condition of the Property upon the Customer’s departure on the end date of the Rental Period, they reserve the right to make an additional charge if extra cleaning is necessary. Trevassack Holidays also reserve the right to refuse to take a booking from that Customer in the future;
14.5 to permit a representative from Trevassack Holidays necessary access to the Property at all times without notice in cases of emergency. You agree to allow a representative from Trevassack Holidays to inspect the Property’s condition and state of repair and carry out any necessary repairs on providing reasonable notice;
14.6 not to assign, sublet the Property or any part of the Property and shall not part with possession or share occupation of the Property or any part of it (unless otherwise agreed on the Booking Confirmation);
14.7 not to remove from the Property for use elsewhere any of the items listed on the Inventory;
14.8 not to sell or transfer the booking to another party without Trevassack Holidays’ prior written consent;
14.9 to ensure only Guests who are identified on the Booking Confirmation occupy the property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the start of the Rental Period;
14.10 not to smoke, vape or use illegal drugs in or around the Property or grounds. Smoking/vaping is only permitted in the designated area. Trevassack Holidays reserve the right to charge the Customer, where the Customer and Guests have contravened their obligation that the Property must be kept smoke free. Smoking/vaping in the Property will incur additional cleaning charges, which will be charged to the Customer at the cost invoiced to Trevassack Holidays by the housekeeping company for the cost of cleaning each room, including dry cleaning charges and VAT where applicable;
14.11 not to cause annoyance or become a nuisance to occupants of other Properties within the grounds;
14.12 to take full responsibility for the supervision of all Guests in the party (particularly those under the age of 18) within the Property and grounds. This is particularly necessary around all public areas. Guests not supervising their party responsibly may be asked to put appropriate arrangements in place or to leave the relevant area;
14.13 to only use the designated parking spaces allocated. Unless otherwise stated, all parking spaces shall only accommodate an average-sized car;
14.14 not to bring/erect or sleep in portable sleeping accommodation (tents, trailer tents, caravans, camper vans etc) within the grounds of the Property or site;
14.15 at the end of the Rental Period, to remove the Customer’s and Guests’ belongings from the Property;
14.16 to only use the grounds surrounding the Property (including any grounds on which activities are provided) during supervised periods;
14.17 not to use the facilities or any equipment provided by Trevassack Holidays, or any company in its group, without the prior written agreement of Trevassack Holidays or any of its group companies;
14.18 that notices (including notices in proceedings) must be served on Trevassack Holidays at the following address: Trevassack Holidays, Trevassack Lane, Garras, Helston, TR12 6LH.
15. Non-availability of property
15.1 Trevassack Holidays will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and Trevassack Holidays’ obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.
16.1 Nothing in these Conditions excludes or limits the liability of Trevassack Holidays for:
– 1. death or personal injury caused by Trevassack Holidays’ negligence;
– 2. fraud or fraudulent misrepresentation; or
– 3. any matter which it would be illegal for Trevassack Holidays to exclude or attempt to exclude their liability.
16.2 If Trevassack Holidays fails to comply with these Conditions, Trevassack Holidays is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
16.3 Trevassack Holidays only lets the Property for domestic and private use and is not responsible for any business losses. If the Customer, or a Guest, uses the Property for any commercial or business purpose Trevassack Holidays will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Website information
17.1 Some of the information on the Website relates to amenities, shops, cafes, restaurants and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Trevassack Holidays’ control. If Trevassack Holidays are aware of any material changes to the Website at the time of the Customer’s booking, then Trevassack Holidays will endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which Customers and Guests should rely. Although Trevassack Holidays make reasonable efforts to ensure the information on the Website is up to date, Trevassack Holidays make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
Any discrepancies to the Inventory are to be reported to Trevassack Holidays within 24 hours of the start of the Rental Period, otherwise the Inventory will be deemed to be correct.
Trevassack Holidays endeavours to ensure that a free WiFi service is provided 24 hours a day. The WiFi is provided by third party internet providers and Trevassack Holidays is not responsible for any failure or unavailability of the WiFi, nor for any loss of data or damage to equipment suffered as a result of using the WiFi. The WiFi service provided is intended to be used for general internet use only. Trevassack Holidays may terminate use of the service at any time without notice if they become aware of any behaviour that has a negative effect on the network or use by other Guests.
20. Hot Tubs
Trevassack Holidays maintain hot tub hygiene to HSC Regulations. As a consequence of this, it is not always possible to have the hot tub at the desired 38 degrees on arrival time at 4pm or during the Rental Period if work to maintain optimum microbiological or chlorine levels has to be carried out. The hot tub safety and guidelines instructions will be displayed in an Information Folder in the Property and must be followed and adhered to. To comply with HSE Regulations the hot tub water is checked by a member of Trevassack Holidays staff every day.
Dogs are only permitted at the Property with the prior written consent of Trevassack Holidays and subject to any conditions imposed by Trevassack Holidays. A charge will be made for each dog. If dogs are permitted, which will be confirmed on the Booking Confirmation, the Customer agrees that:
21.1 they shall be kept on a lead at all times whilst outside the Property;
21.2 they use the designated dog toilet areas;
21.3 they must be properly supervised at all times and must not cause nuisance, excessive noise, disturbance or threat to anyone;
21.4 they must not be left unattended in the Property;
21.5 they are not permitted in the bedrooms or on the furniture;
21.6 all pet hair and waste must be cleaned up appropriately at the end of the Rental Period;
21.7 they must be at least one year old and fully house trained;
21.8 where applicable they have an up to date annual vaccination for Distemper, Canine Hepatitis, Leptospirosis and Paro Virus.
Where a Property does not accept pets Trevassack Holidays cannot guarantee that there have been no pets previously kept at the Property.
No other pets are permitted.
22. Assistance dogs
Trevassack Holidays welcome assistance dogs, but where a property does not ordinarily accept a dog, Trevassack Holidays must verify whether the Property can accommodate a dog before confirming the booking.
23.1 All complaints must be notified to Trevassack Holidays as soon as reasonably practicable, (housekeeping complaints within 24 hours of arrival) as Trevassack Holidays may be required to carry out an on-the-spot investigation of the Property and, if necessary, take remedial action. All Customers have a legal obligation to mitigate their loss.
23.2 The Customer agrees that Trevassack Holidays shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
All relevant prices include VAT at the appropriate rate.
25. Breach of contract
25.1 If there is a substantial breach of any of these Conditions by the Customer or any of their Guests, then Trevassack Holidays reserve the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property. The Customer will remain liable for the whole cost of Rental Fees and any other cost incurred and no refund shall be due.
25.2 Ending the contract by Trevassack Holidays does not affect that party’s other rights and remedies.
26. Authority to sign
The person who completes the Booking certifies that:
26.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added at a later date;
26.2 they are over eighteen years of age; and
26.3 they agree to take responsibility for the Guests occupying the Property, and to notify Trevassack Holidays if they are not a Guest.
If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.
28. Previous conditions
These Conditions replace and supersede all previous booking terms and conditions.
29. Third Party Rights
CST Trading Ltd do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
30. Validity clause
Each of the clauses in these Conditions operates separately. In the event that a court finds that a clause (or part of a clause) in these Conditions is invalid, unenforceable or illegal, the other clauses shall remain in force and effect.
31. Governing Law and Jurisdiction
The contract between Trevassack Holidays and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).
If you have any queries about these Conditions please call us on 01326 702326.