The Captain’s House, Falmouth – Terms and Conditions
In these terms and conditions, the following terms have the following meanings:
‘Accommodation’ means The Captain’s House, 2 Wodehouse Terrace, Falmouth TR11 4QY;
‘Agreement’ means the agreement between the Owner, and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;
‘Owner’ means Mark Ballett, of Wadhurst, East Sussex; and
‘Visitor’ means the person named in the confirmation invoice.
Agreement
These Terms and Conditions are referenced on the confirmation invoice. The making of a booking will form an agreement on these Terms and Conditions between the Visitor and the Owner for the holiday rental of the Accommodation.
The Owner permits the Visitor to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.
The Visitor will be responsible for all payments and for any damage, whether caused by the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.
Booking and Payment Terms
Prices are kept up to date on the website and the total final cost is set out on the confirmation invoice.
For bookings made 8 weeks or more in advance, the booking will be effective when a 25% deposit is received by the Owner.
For bookings made less than 8 weeks away, full payment, comprising the rental fee, security deposit and any extra charges agreed with the Owner, such as pets or wood for the Drawing room fire, must be made at the time of booking.
Value Added Tax is not chargeable on this transaction.
Payment can be accepted by BACS transfer, Stripe or through The Captain’s House PayPal account and the PayPal service charges will be added to the visitor’s booking fees.
Guests booking through online travel agencies may be paying according to their websites.
Cancellation
If a Visitor wishes to cancel a booking it must give the Owner notice in writing as soon as possible. If this is received more than 8 weeks prior to the date of arrival and the property is re-booked for the period the deposit will be refunded less a £100 administration fee. If it isn’t possible to re-let the property, or it has to be re-let at a discount, no refund will be payable. If the cancellation is within 8 weeks of the arrival date no refund will be payable.
If, following a booking, the full balance is not paid on time, the Owner shall notify the Visitor. If, after 30 days from the date on which full payment is due, full payment has not been received by the Owner then he may cancel the booking and the above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.
These terms differ if the holidaymaker has booked through an online travel agency and is using alternative policies.
Owner’s Right to Refuse/Alter
The Owner may, at his sole discretion, refuse any booking.
The Owner may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary:
due to circumstances beyond the reasonable control of the Owner; or
to perform or complete essential remedial or refurbishment works.
If a booking is altered or cancelled by the Owner due to circumstances beyond his reasonable control, he will take reasonable steps to find a suitable alternative. If the Owner is not able to offer such an alternative or the Visitor does not accept the alternative offered, the Owner will return to the Visitor the relevant proportion of the money paid by the Visitor to the Owner in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.
Maximum Numbers of Visitors
Occupation must be limited to a maximum of eight persons, in the available beds only – no tents, caravans or campervans are allowed. This occupation limit is set in line with the level of amenities at the property and expected overhead costs. To exceed the maximum number of persons will overload the facilities available which are not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage.
Services
The price includes all charges for water, gas, and electricity. We do have a fair usage policy on gas and electricity consumption and any gas or electricity usage above £100 per week will be deducted from the security deposit. Visitors must comply with the instructions found in the welcome pack in the Accommodation regarding the appropriate fuel for use in the open fire in the Drawing Room for which there may be an additional charge. Any damage caused by using inappropriate fuel will be charged to the Visitor.
Liability and Loss of Visitor Property
Any Visitor’s property found at the Accommodation will normally be disposed of if it is not collected within 6 months and the Owner may charge a reasonable administration fee to cover the costs of storage and handling of lost property.
The Owner will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
unless he has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
- where such loss or damage is not a reasonably foreseeable result of any such breach; or
- where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, the Owner.
Pets
One small dog is allowed but dogs must be declared in advance on booking and paid for. Dogs must be kept off all furniture and not go upstairs or on any beds. You should bring a blanket/bed for them and a dog bowl and be very considerate to your neighbours. Please check your garden on departure and get rid of any mess and always be aware of your pet’s whereabouts. You will be asked to pay £50 extra for one dog.
Assistance Dogs are permitted in the Accommodation, however the Visitor must notify the Owner of the intended presence of any assistance dogs prior to booking.
Owner Right of Entry
As with any accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. The Owner and his contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business and the undertaking of unforeseen (internal and external) remedial repairs together. Planned maintenance will not be carried out during the Visitor’s occupation of the Accommodation.
The Owner will give the Visitor reasonable notice of such requirements.
Visitor Obligations
The Visitor will be responsible for all payments and for any damage, whether caused by the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.
The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
The Visitor must allow the Owner and/or his agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the Owner or to any neighbours.
The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.
The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing with the Owner.
Damages and Security Charge
The Owner recommends that Visitors hold personal insurance for accidental damage and personal liability.
If on arrival at the Accommodation the Visitor discovers that anything is missing or damaged then this must be reported to the Owner immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.
A refundable damage deposit of £500 is payable with final payment, eight weeks prior to arrival. The cost of any damages or breakages up to the value of £500 will be deducted from the deposit and the remainder refunded to the Visitor. If no damage or breakages happen during your stay, the deposit will be refunded to the Visitor in full within 4 weeks of the end of the stay. Notwithstanding the refundable deposit the Visitor will also be responsible for the cost of any breakages and/or damage caused in excess of £500.
Occupation
The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the holiday period, and not for any other purpose or longer period.
The maximum occupancy period for the Accommodation set out in the confirmation invoice shall not be exceeded.
Comments/Complaints
Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the Owner as indicated on the website. Reasonable steps will then be taken to assist the Visitor.
Arrival and Departure Times
The Visitor and his or her party must arrive after the arrival time (4 pm on the first day of the holiday period) and depart before the departure time (10 am on the last day of the holiday period). Any stay that extends over this period will be subject to a charge being made for additional days.
The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday period and the Visitor must return them on the last day of the holiday period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set and an administration fee. This is likely to be high for the electronic controls to the garage door.
Right to Evict
The Owner may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:
this is deemed necessary by Owner where there is a serious breach by the Visitor of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of others; or
any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
Contact details
Any data collected during the course of a booking will be stored on our computer. We may from time to time contact you about promotions. We will not share your details with any third party.
Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.
MB December 2023