GUEST BOOKING TERMS AND CONDITIONS
IT IS HEREBY AGREED as follows:
1 DEFINITIONS & INTERPRETATION
The definitions to be read with these Guest Booking Terms and Conditions are set out in full at Clause 16.
2.1 The Homeowner has appointed and authorised ETSI to act as its agent in relation to the Services during the Term.
2.3 The Guest making the Booking must be twenty-three (23) years of age or more at the time of Booking and will be responsible for the Property and for ensuring that all of the members of their party fully observe these Guest Booking Terms and Conditions
2.4 Bookings to non-family groups such as (a) single sex parties in excess of two (2) persons; and, (b) groups of single persons under the age of twenty-one (21) are only allowed with the express agreement of ETSI.
2.5 Upon making the Booking online and upon receipt of the Booking Notice, it is Your responsibility to check all the details carefully and to notify ETSI of any errors within seven (7) days as mistakes cannot always be rectified, or immediately if there are two (2) Weeks or less to run before the start date of the Holiday Period.
4.1 All Guest Fees payable by You shall be paid in accordance with this clause.
4.2 The Homeowner authorises ETSI to charge and collect any and all of the Fees. The Homeowner authorises ETSI to accept any debit cards or other forms of payment approved by ETSI in connection with the Bookings. All payments of Guest Fees whether from the UK or oversees must be made in UK currency. Guests from overseas are permitted to pay by international bank transfer. Any international transfer to an overseas bank account will incur an Administration Fee of forty pounds (£40.00) which shall be deducted by ETSI prior to making the transfer.
5.1 Although ETSI shall make reasonable efforts to reflect the Property advertised in a true and honest light and procure that the information provided by the Homeowner is conveyed accurately across all advertising material on all media at the time of broadcasting and/or printing, errors can occur e.g. a facility may no longer be available. Please check and confirm all Property details with ETSI upon making the Booking and ETSI will in turn check the same with the Homeowner. ETSI will use reasonable endeavours to notify You of any changes to or inaccuracies in any advertising information as soon as is reasonably practicable.
5.2 Each Property contains a Property Information Folder with details about the Property and the surrounding area. It also contains important information about Your Emergency Contact.
5.3 The Property shall be available for the Holiday Period as set out in the Booking Notice.
6.2 ETSI will use reasonable endeavours to re-let the property for the cancelled Holiday Period but this cannot always be guaranteed. If ETSI receives a Booking for the Property, ETSI will be entitled to refund the difference between the new Booking Value paid for the Property for the same Holiday Period (which might be at a reduced price) less the Booking Deposit to the Guest in accordance with clause 6.1 (a). An Administration Fee of twenty-five pounds (£25) shall also be payable. In order to secure a new booking, it may be necessary to negotiate a discount which shall be at ETSI’s discretion.
6.3 If the Guest needs to change their Booking, a significant change such as the change of Property or Holiday Period may be treated as a cancellation of the Booking and clause 6.1 will apply in full. Subject to availability and capacity of the Property, any minor or insignificant changes to a Booking will incur a twenty five pound (£25.00) Administration Fee.
7.1 ETSI reserves the right to cancel the Booking at the request of ETSI and/ or the Homeowner due to circumstances beyond ETSI and/ or the Homeowner’s control (or where it is suspected that a Booking has been made fraudulently). In the unlikely event that ETSI need to cancel the Booking, ETSI shall provide Written Notice to You on behalf of the Homeowner (which may be by email) as soon as is reasonably practicable and promptly refund any Fee in full. Payment will be either by cheque, bank transfer or we will credit the card used to make the original payment.
7.2 For any significant changes to Your Booking, ETSI shall provide Written Notice to You on behalf of the Homeowner as soon as is reasonably practicable and inform You of the change and give You the option to reconfirm Your Booking or cancel Your Booking. If the change is not acceptable to You, ETSI will promptly refund any Guest Fee in full as in clause 6.1. Under these circumstances and whenever possible, ETSI may be able to offer You an alternative, similar property. If You elect to take the alternative property from ETSI acting on behalf of a new Homeowner, the new cost of the alternative property shall become due and payable in accordance with its terms. In the unlikely event that You fail to notify ETSI that You wish to accept any change or alternative property or if ETSI are unable to contact You, ETSI is entitled to assume You wish to cancel your Booking and You shall receive a full refund.
7.3 You will NOT be entitled to a full (or partial) refund of any Guest Fee in respect of only minor or insignificant changes to Your Booking. A minor change will be assessed by ETSI on the grounds of ‘reasonableness’.
No pets other than dogs are allowed in some properties at a minimum weekly surcharge of twenty pounds (£20.00) per pet. You are liable for any extra cleaning costs, replacement or repairs which shall be deducted from the Damage Deposit. Dogs must remain on the ground floor and are not permitted on to any furnishings. Please bring your own dog basket and clear and clean up any pet mess. Dogs are to be kept under control at all times and must not be left alone in the Property. Neither ETSI nor the Homeowner can accept responsibility for your dog’s safety.
Every effort is made to provide You with a pleasurable and unforgettable holiday. If You wish to make a complaint, it is vital that You make contact with ETSI immediately by telephoning 01736 796198 (and in any event within the Holiday Period) and express the concerns You have so that an on the spot investigation, or remedial work can be undertaken as soon as possible in order to resolve the issue/s. In no circumstances will compensation be made for complaints made after the last day of the Holiday Period. If you vacate the Property prematurely because you are dissatisfied with something or if You decide to make a complaint outside of the Holiday Period, under no circumstances will communications regarding the complaint be entered in to. ETSI or the Homeowner will have no liability in respect of any complaint made outside of the Holiday Period.
Enforceability: If any one or more of the provisions of this Agreement should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired and the parties shall amend this Agreement to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
Assignment: This Agreement shall be binding on and inure to the benefit of each of the parties and their respective successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement (in whole or in part) without the prior written consent of ETSI which shall not be unreasonably withheld or delayed. ETSI shall be entitled to assign or sub‑contract any of its rights or obligations under this Agreement in whole or in part.
Status of Guest: You are a consumer and ETSI is a business and no other relationship is intended.
Variations: Save as expressly provided in this Agreement, no variation to, or notice or consent under this Agreement shall be effective unless it is in writing and signed by an authorised signatory of each party. A waiver by any party of any of the terms or conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. No waiver of any right shall constitute a waiver of any other right or be effective unless made in writing and signed by an authorised signatory of the party making the waiver. No person other than a director of ETSI is an authorised signatory of ETSI for these purposes.
Entire Agreement: This Agreement (which includes by reference the Booking Notice) constitutes the entire Agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes any and all prior agreements, arrangements and understandings relating to the matters provided for herein. You and ETSI acknowledge that they have not relied on any oral or written representations made by the other party or the other party’s representatives in entering into this Agreement and subject to clause 11.6 herein, each party irrevocably and unconditionally waives any right it may have to rescind the Agreement or claim damages for misrepresentation, whether innocent or negligent, or breach of any warranty not contained in this Agreement or implied by operation of law.
Remedies Not Exclusive: The rights and remedies of the parties set out in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.
Force Majeure: If either party is unable to perform any obligation under this Agreement due to a Force Majeure Event, that party’s failure to perform that obligation shall not constitute a breach or default under this Agreement. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts in respect of any dispute arising out of or in connection with this Agreement.
In this Agreement (except where the context otherwise requires) the following words shall have the following meanings:
2018 Act: refers to the Data Protection Act 2018
Accidental Damage Protection: a one off premium paid to protect against damage or loss suffered to the Property by You during a Holiday Period.
Administration Fee: a non-refundable fee payable on the instigation of a change to a Booking by a Guest as set out in clauses 4.2 and 6 of these terms.
Balance Payment: the Booking Value less the Booking Deposit, representing seventy-five percent (75%) of the Booking Value.
Booking: any confirmed Agency Booking through ETSI to stay in a Property during the Holiday Period.
Booking Deposit: the Booking Value less the Balance Payment representing twenty-five percent (25%) of the Booking Fee payable in advance as set out in the Booking Notice.
Booking Value: the entire fees payable for a Booking in relation to a Property i.e. the Property Deposit, the Balance Payment excluding the standalone Booking Processing Fee.
Booking Form: the form required to be completed by You to check availability of the Property for the chosen Holiday Period.
Booking Notice: means the notice sent to You by ETSI upon receipt of the Booking Form and Booking Deposit (or Booking Fee) to confirm the Booking as a legally binding Agreement.
Booking Processing Fee: the forty (£40) fee payable to ETSI for processing the Booking.
Holiday Period: the time during which the Booking is to take place e.g. from 1600 hours on day of arrival to 1000 hours on day of departure.
Commencement Date: as set out in the Booking Notice.
Commission: the amount paid to ETSI by the Homeowner in consideration of performing the Services.
Confidential Information: all information which is imparted or obtained under or in connection with this Agreement on, before or after the Commencement Date in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the personal affairs of the contracting party, including the terms of this Agreement.
Emergency Contact: as set out in the Booking Notice and in the Property Information Folder.
Force Majeure Event: any happening or event beyond the control of the party concerned fire including any act of God, act of terrorism, riot, labour dispute, power or telecommunications failure.
Guest: a person who makes and confirms a Booking and pays the Guest Fees where applicable in order to rent the Property for the Holiday Period. In these Guest Booking Terms and Conditions, reference to ‘Guest’ is a reference to one or more person or persons singularly or jointly.
Guest Fees: any one or all of the following – the Accidental Damage Protection, Booking Deposit, Balance Payment, Booking Value, Booking Processing Fees, Optional Extra Fees and Administration Fees where and as applicable.
Homeowner: the owner of the Property.
Key Fee: a per key charge upon failure by a Guest to return a key in accordance with your obligations.
Losses: claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Optional Extras: include but are not limited to the following where the Property does not come with these as default i.e. travel cot; travel cot linen; high chair; stair gate; baby bath; microwave steriliser; bed guard.
Optional Extra Fees: refers to those fees charged for Optional Extras.
Overstay Fee: a charge issued upon failure to vacate the Property in accordance with Your obligations.
Payment Processing Fee: a non-refundable fee for debit card payment processing as set out in clause 4.2.
Property: as set out in the Booking Notice.
Property Description: as set out on the Site.
Property Information Folder: contains important information peculiar to the Property and is located at the Property.
Services: any one or all of the following in relation to the Property – marketing, booking management and any other service that might be provided to You from time to time.
Week: a calendar week running for a period of seven (7) days.
Written Notice: means any notice or other communication given to a party under or in connection with the Booking or potential Booking (except in relation to the service of proceedings) which shall be in writing and shall be sent by email to the email addresses for each party as provided on the Site (ETSI) or on the Booking Form (Guest) or such alternative email addresses confirmed in writing by each party to the other and such communication shall be deemed received by 9.00am the next business day after transmission.
We understand many people have concerns about how COVID-19 might affect their holiday so we want to put you at ease…
If the Government enforce a lockdown that explicitly bans travel to St Ives, or introduces a lockdown in your home area, you will have the option to receive a full refund or postpone your visit to a later date.