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General
1. These terms and conditions apply to the letting of the house and garden at Round House East, Pendower Road, Veryan, Truro, Cornwall TR2 5QL ("Round House East") by the owner, Ian Rose, of Round House East, Pendower Road, Veryan, Truro, Cornwall TR2 5QL (the "Owner"), to the holidaymaker (the "Holidaymaker"), who accepts these terms and conditions on his or her own behalf and also as agent for all others in his or her party.
2. The Holidaymaker warrants that the information given by him or her, including the e-mail address, is correct, and the Holidaymaker agrees that correspondence may be made by e-mail and that the Owner shall have no liability in the event that the Holidaymaker changes his or her e-mail address and does not inform the Owner of the new e-mail address at the latest when such change takes effect.
3. Subject to compliance with these terms and conditions, the Holidaymaker and one other person may occupy Round House East for the purposes of a holiday (the "Holiday") from 3.00 p.m. on the first day of the Holiday (the "First Day") until 10.00 a.m. on the last day of the Holiday (the "Last Day").
Booking and payment
4. In order to book the Holiday, the Holidaymaker shall complete the booking process at http://www.roundhousecornwall.co.uk/ and pay the amount due, which shall either be a deposit of £100, if the First Day is 90 days or more from the date of booking (the "Deposit"), or the full amount due for the Holiday, which shall include any Dog Fee in accordance with clause 17 below, if the First Day is within 90 days of the date of booking (the "Full Amount"). In doing so, the Holidaymaker agrees to these terms and conditions.
5. If the Holidaymaker has paid only the Deposit, then he or she agrees to pay the difference between the Deposit and the Full Amount (the "Balance") at the latest 90 days before the First Day. Payment of the Balance may be made by cheque or by bank transfer, in accordance with the details which the Owner shall provide to the Holidaymaker.
6. If the Owner does not receive the Balance from the Holidaymaker at the latest 90 days before the First Day, then the Owner may cancel the Holiday and re-let Round House East and he shall have no liability towards the Holidaymaker.
Cancellation
7. Should the Holidaymaker wish to cancel the Holiday at any time, then he or she may do so by sending an e-mail to the Owner. In such a case, the Holiday shall be cancelled, the Owner shall, subject to clause 8 below, make a refund to the Holidaymaker, and neither party shall have any claim against the other party.
8. If the Holidaymaker cancels the Holiday in accordance with clause 7 above, then the Owner shall make such efforts as he considers reasonable to re-let Round House East. If he does re-let Round House East for the period and at the price as booked by the Holidaymaker, then he shall refund all amounts paid by the Holidaymaker, less an administration charge of £50.00. If he re-lets Round House East for the period as booked by the Holidaymaker but at a lower price than the price agreed by the Holidaymaker, then he shall refund all amounts paid by the Holidaymaker, less an administration charge of £50.00 and the difference between the price agreed by the Holidaymaker and the amount for the re-letting. If he does not re-let Round House East, then no amounts will be refunded. This means that cancelling more than 90 days before the First Day will result in a refund of the Deposit of £100, less £50 and any difference between the price agreed by the Holidaymaker and the amount for the re-letting, and that cancelling less than 90 days before the First Day will result in a refund of the Full Amount paid by the Holidaymaker, less £50 and any difference between the price agreed by the Holidaymaker and the amount for the re-letting, in each case if the Owner re-lets Round House East. If the Owner does not re-let Round House East, then no amounts paid by the Holidaymaker (the Deposit if the Holiday is cancelled more than 90 days before the First Day or the Full Amount if the Holiday is cancelled within 90 days before the First Day) will be refunded.
9. If the Owner is unable to provide the Holiday due to circumstances beyond his control which arise before the First Day, such as fire or flood making Round House East uninhabitable, then he shall refund all amounts paid to the Holidaymaker, the Holiday shall be cancelled and the Owner shall have no further liability to the Holidaymaker.
10. The Holidaymaker warrants that he or she has sufficient insurance to cover any loss in the event of cancellation or in the event that he or she is unable to take up the Holiday, or that he or she does not require such insurance.
Access
11. At least five days before the First Day, so long as the Deposit and any Balance have been paid, the Owner will send an e-mail to the Holidaymaker, providing details for gaining entry to Round House East.
Complaints
12. If the Holidaymaker has any complaints about the Holiday, he or she shall inform the caretaker whose details are in the information file at Round House East (the "Caretaker") without delay, or if the Caretaker is not available, to the Owner on the numbers indicated in the information file. The Caretaker and the Owner shall do all that they can to rectify the problems highlighted by the Holidaymaker with the minimum possible delay.
13. The Owner shall not be obliged to take any action in respect of any complaints which the Holidaymaker may raise after the Last Day.
Breakages and damage
14. The Holidaymaker and all members of his or her party agree to keep the property clean and tidy and to leave it in a similar condition as found on arrival. The Holidaymaker is responsible to the Owner for any breakages or damage in or to Round House East, along with any additional costs that may result, which are caused by the Holidaymaker, any member of his party or any pet. In the event of any breakages or damage, the Holidaymaker agrees to inform the Caretaker at the latest on the Last Day.
15. The Owner does not ask for a damage deposit but shall rely on the Holidaymaker to report any damage or breakages. The Holidaymaker shall reimburse the Owner the cost of repairing or replacing any items which are damaged or broken during the Holiday and of which the cost of repair or replacement exceeds £50.00.
Children
16. Children may not stay at Round House East. Moreover, due to the fact that the windows on the first floor are at floor level and are not locked, children may not under any circumstances go upstairs. The Holidaymaker agrees to ensure that any children do not go upstairs and to be responsible for the behaviour and safety of any children, for the duration of the Holiday.
Animals
17. The Holidaymaker may bring up to two dogs on the Holiday, subject to the payment of £20.00 for each dog for the Holiday (the "Dog Fee"), which will be added to the Full Amount in accordance with clause 4 above.
18. The only animals allowed at Round House East are dogs in respect of which the Holidaymaker has paid the Dog Fee. The Holidaymaker agrees to be responsible for any dogs at Round House East during the Holiday, not to allow any dogs to sleep on the bed and to clean up any mess in the garden. If any dog causes a mess on the carpet, bed or furniture upstairs, or on any rug downstairs or upstairs, then the Holidaymaker agrees to inform the Caretaker immediately and to reimburse the Owner the costs of cleaning or replacement of the item in question within five days of the Last Day.
19. The Holidaymaker warrants that he or she has sufficient insurance to cover any liability arising under clause 18 above, or that he or she does not require such insurance.
20. The Holidaymaker acknowledges that Round House East is "dog friendly", that dogs may previously have stayed at Round House East and that the Owner shall not be liable in the event that the Holidaymaker or any of his or her party suffers from any allergy arising out of the previous presence of dogs at Round House East.
Telephone and Internet
21. The Holidaymaker agrees not to use the telephone except to make reasonably short calls. The Owner reserves the right to require the Holidaymaker to pay for usage which the Owner considers to be unreasonable.
22. The Holidaymaker agrees to use the Internet connection at Round House East lawfully and in accordance with common fair usage policies. The Owner shall not be liable for any loss or damage arising out of the use by the Holidaymaker of the Internet connection.
Limitation of liability
23. The Owner shall not be liable for any personal injury or damage to property, except in so far as such liability is imposed by law and is not capable of being excluded. The Holidaymaker warrants that he or she has sufficient insurance to cover any loss in the event of personal injury or damage to property, or that he or she does not require such insurance.
Smoking and barbecues
24. The Holidaymaker acknowledges that smoking is not allowed in Round House East and that neither barbecues nor any fires are allowed in Round House East or in the garden.
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