Terms & conditions applying to bookings made by telephone, by email, by post and via our contact form
In these terms and conditions “you” or “your” means the person named in the booking confirmation. “We” or “us” means the registered legal owners of Trelowen, Flat 1, Trewince House, Trewince Lane, Port Navas TR11 5RH “Trelowen”. “The Communal Areas” means the communal hallway of Trewince House and the grounds of Trewince House, Trewince Lane, Port Navas TR11 5RH. “The Accommodation” means Trelowen and the use of the Communal Areas.
1. Your booking
1.1. We reserve the right to accept or decline bookings entirely at our discretion.
1.2. Your contract with us will begin when we issue you with your booking confirmation and will be based on the terms and conditions set out in these Terms and Conditions.
1.3. We may offer you the option of provisionally holding a booking if you contact us by telephone, email or via our contact form. We’ll let you know how long we can provisionally hold your booking for when you contact us. If you don’t confirm your booking by that time, the Accommodation will be released for general sale.
1.4. All bookings are confirmed when we issue you with your booking confirmation. Your booking confirmation will detail the Accommodation, the dates of your booking, the total amount payable for your booking and the dates on which payments are due. We’ll issue you with your booking confirmation by email or, if requested, by post.
1.5. You, as the person making the booking, will be responsible for all members of your party. You must be at least 18 years old at the time of booking.
1.6. Children under the age of 18 must be accompanied by an adult.
1.7. We can only discuss your bookings (including any changes) with you – we can’t discuss your booking with another member of your party, unless you give express consent in writing for us to do so.
2. Paying for the Accommodation
2.1. For bookings made 8 weeks or more in advance you must pay us a third of the total amount payable for your booking at the time of booking. We must then receive the balance by the date set out in your booking confirmation (which will generally be 8 weeks before the start of your stay).
2.2. For bookings made less than 8 weeks in advance, you must pay us the total amount payable for your booking at the time of booking.
2.3. If you don’t make any payment by the date it is due, we’ll remind you by post, email or telephone. If you fail to make the relevant payment within 14 days of the due date, we’ll assume you want to cancel your booking. If this happens, your booking will immediately be cancelled and the cancellation charges set out in Section 4.3 (“If you want to cancel your booking”) will apply.
2.4. We will only accept payment by cheque where the cheque is drawn from a bank based in the United Kingdom; this is because of the additional costs and processing time for cheques outside this area.
3. Pricing for the Accommodation
3.1. We periodically review and amend the prices we charge for the Accommodation. For the most up to date pricing information please check our website or call us on 07970 420307. We will confirm the price of the Accommodation at the time you make your booking and in your booking confirmation.
3.3. All prices given by telephone, on our website or in any other promotional material include any charges for water, gas and electricity for the Accommodation.
4. If you want to cancel your booking
4.1. Your contract with us is a contract for the provision of the Accommodation on a specific date or dates and this means that you do not have a statutory right to change your mind and cancel the contract. We do, however, offer you the right to cancel your contract subject to the provisions of this Section 4.
4.2. If you wish to cancel a confirmed booking you must let us know by email or in writing as soon as possible and, in any event, prior to the first day of your booking. Your booking will be cancelled with effect from the day we receive your email or written notification and will be subject to the cancellation charges set out in Section 4.3 below.
4.3. Our cancellation charges are calculated according to the time between when we receive notification from you that you wish to cancel your booking and the start of your booking. Our cancellation charges are set out below:
| number of days prior to booking start date | cancellation charge |
|---|---|
| More than 180 days | no charge |
| 180 – 57 days | 10% of the total booking charge |
| 56 – 29 days | 40% of the total booking charge |
| 28 – 9 days | 60% of the total booking charge |
| 8 days or less prior to holiday start date or at any point after holiday start date | 100% of the total booking charge |
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4.4. If you cancel your booking after the booking start date, we will not issue you any refund for any remaining nights of your booking. To clarify, this includes when you cancel your booking for any reason outside of your reasonable control, including without limitation, inclement weather and illness. We strongly recommend you take out holiday insurance to compensate you in these circumstances.
4.5. We acknowledge that COVID-19 / Coronavirus related national and local lockdowns are circumstances beyond your control for which travel insurance does not appear to be easily available. We have therefore agreed to share the risk of you not being able to travel in the following and very specific lockdown circumstances.
4.5.1. If you are unable to travel to the Accommodation on the check-in date because travel outside of the area where you live or travel to Cornwall is prohibited by the application of Covid-19 related regulations (i.e. it would be illegal for you to travel to the Accommodation on the check-in date of the rental) you may ask us to cancel your booking and the cancellation charges in clause 4.3 above will not apply. If you choose to cancel your booking under this clause 4.5.1. you must notify us as soon as it is confirmed by the Government that travel is not permitted on your check-in date and also confirm this in writing. Any refund arising in these circumstances will be made within 5 working days after the check-out date of the original booking.
5. If you want to change your booking
5.1. If you want to change any detail of your confirmed booking you must let us know by telephone, by email or in writing as soon as possible.
5.2. Whilst we’ll do our best to accommodate you, we can’t guarantee that we’ll be able to meet any request for changes. Any reduction in the number of nights will be treated as a partial cancellation and cancellation charges calculated in accordance with clause 4.3 may apply at our discretion.
5.3. If we do change your booking, you must pay us any additional Accommodation costs due as a result of the change (for example, if you change your booking to a week that has a higher weekly rate) – we’ll confirm the amount of any additional Accommodation costs due (if any) at the time we change your booking. If your Accommodation costs are lower as a result of the change, we’ll refund you the difference at the time we change your booking, after deducting any cancellation charges if applicable.
6. If we need to change or cancel your booking
6.1. We don’t expect to have to make changes to your booking, however sometimes problems happen and bookings have to be changed or cancelled. We will only change or cancel your booking:
6.1.1. if necessary to perform or complete essential remedial or refurbishment works; or
6.1.2. for other reasons unforeseen at the time you made your booking which are beyond our reasonable control. This may include occasions where the Accommodation becomes inaccessible due to a Meteorological Office Severe Weather Warning or other severe weather event.
6.2. If we do need to change or cancel your booking for the reason set out in Section 6.1.1 we will do our best to offer you a suitable alternative booking. If we’re not able to offer you a suitable alternative, or if you don’t accept the alternative we offer, the booking will be deemed cancelled and we will refund you the total amount you have paid us for the booking.
6.3. If we do need to change or cancel your booking in line with Section 6.1.1, we’ll only be responsible for foreseeable losses that you suffer as a result of that change or cancellation and we will not be responsible for any unforeseeable losses you suffer as a result of that change or cancellation. A loss is foreseeable if it is an obvious consequence of our change or cancellation of your booking or if it was contemplated by you and us at the time we entered into this contract.
6.4. It is a condition of your booking that you obtain appropriate travel insurance for all members of your group. This should ideally cover illness, cancellation and injuries during your stay.
7. Special requests
7.1. Special requests must be requested at the time of booking. Whilst we’ll do our best to accommodate you, we can’t guarantee that we’ll be able to meet any request.
8. Visitor standards and behaviour
8.1. You’ll be provided with a welcome folder at the Accommodation that contains important information about your stay with us. Please ensure that you and your party read the welcome folder carefully on arrival. You must also ensure that you and your party familiarise yourselves with the layout of the Accommodation and the location of the fire exits.
8.2. You must only use the Accommodation for the purposes of your holiday. You must not use the Accommodation for any other purpose, including for any business purposes, without our prior written consent.
8.3. You must keep the Accommodation and its contents clean and tidy and leave them in the same condition as when you arrived.
8.4. You mustn’t use the Accommodation, or allow it to be used, for any dangerous, offensive, noisy, illegal or immoral activities. You must not cause any nuisance or annoyance to any neighbours or anyone else during your stay.
8.5. Smoking is not permitted in any part of the Accommodation or the Communal Areas. Please note smoking includes use of vapours and/or e-cigarettes. You and your party must not smoke inside the Accommodation. You and your party must not use candles, fireworks or Chinese lanterns in the Accommodation or in the Communal Areas.
8.6. Assistance dogs are the only dogs permitted at the Accommodation and in the Communal Areas but you must tell us at the time of booking if you wish to bring an assistance dog with you.
8.7. If you wish to charge an electric vehicle from the Accommodation you must tell us at the time of booking.
8.8. Please note that if you do not comply with the standards and behaviours set out in this Section 8 we may need to exercise our rights under Section 13 (“Our right to evict”).
9. Maximum occupancy for the Accommodation
9.1. You must ensure that the maximum number of persons occupying the Accommodation does not exceed 4 persons. For the purposes of occupancy limits a child over the age of 2 is considered an occupant.
9.2. You must not bring additional camp beds to the Accommodation or allow tents or caravans or campervans (unless a campervan is the vehicle you use during your holiday for travel) at the Accommodation and in the Communal Areas. You may bring a travel cot and your own cot linen to the Accommodation.
9.3. We set maximum occupancy limits in line with the facilities, space and equipment available at the Accommodation and in order to comply with applicable health and safety and regulatory requirements. As such, we reserve the right to require you to leave the premises (without any compensation or refund) if you exceed the maximum occupancy limits as described in this Section 9.
10. Damage to the Accommodation or its contents
10.1. If you discover that anything is missing or damaged on arrival at the Accommodation you must notify us immediately on 07970 420307. If you don’t notify us, we’ll assume that you caused the relevant damage or loss.
10.2. You will be responsible for the cost of any damage to the Accommodation or its contents caused by you or by any member of your party or assistance dog brought with you.
11. If you have a problem or complaint
11.1. We take care to ensure that the Accommodation is of a high standard. However, if you have any problems with the Accommodation, please contact us immediately and give us the opportunity to resolve it. Please contact us on 07970420307 or by email at info@trelowenportnavas.co.uk. We’ll work with you to ensure that any complaints are investigated and resolved as promptly and efficiently as possible.
11.2. In considering any complaint we will take into account whether we have been given the opportunity to investigate it and put matters right.
12. Our rights of access
12.1. We or contractors may need to access the Accommodation if there is an unforeseen problem, to investigate a complaint you have made, or to perform certain routine property checks. If this happens, we’ll do our best to let you know in advance of the date and time that we will need access.
12.2. If we do need to access the Accommodation for any reason, we’ll always try to access the property at reasonably convenient times (other than in the event of an emergency).
13. Our right to evict
13.1. We may terminate our contract with you and ask you to leave the Accommodation immediately (without any compensation being payable) if:
13.1.1. we consider that you or your party have committed a serious breach of these terms and conditions;
13.1.2. we consider that your or your party’s behaviour endangers the safety of other persons at the Accommodation;
13.1.3. any complaints are made of anti-social or unacceptable behaviour against you or your party;
13.1.4.you or your party cause an unreasonable amount of damage to the property or its contents; or
13.1.5. you exceed the maximum occupancy limit for the Accommodation.
14. Our liability to you
14.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is foreseeable as a result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2. Nothing in these terms and conditions is intended to limit our liability for:
14.2.1. death or personal injury caused by our negligence;
14.2.2.fraud or fraudulent misrepresentation on our part; or
14.2.3. any breach of the terms implied by Section 10, 11 and 13 of the Consumer Rights Act 2015
14.3. Nothing in these terms will affect your legal rights in respect of your booking. For a fuller explanation of your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
15. Events beyond our control
15.1. We will not be responsible for any failure to perform our obligations under these terms and conditions that is caused by an event outside our control.
15.2. An event outside our control means any act or event that is beyond our reasonable control, including, without limitation, severe weather event, drought, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes or industrial action by third parties, terrorist attack or threat of terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private telecommunications networks.
16. Some practical information for your stay
16.1. Your check-in and departure times will be set out in your booking confirmation. Normally, check-in is available from 4pm on the first day of your stay and departure is required before 9am on the last day of your stay. If you do not leave the Accommodation by the required departure time we reserve the right to charge you for an additional night on a pro-rata basis.
16.2. If you leave any of your possessions behind at the Accommodation, please contact us as soon as possible. We reserve the right to charge you for any storage and delivery costs that we incur in relation to your lost property. We charge a lost property charge of £10 to cover our administrative costs and standard Royal Mail delivery up to 2kgs in the UK to return your items to you (subject to the terms of this clause 16.2). If a request to return your items deviates from these conditions, then we reserve the right to charge you any additional costs. Where possible, we’ll hold lost property for three months after which it’ll be disposed of. Perishables will be disposed of immediately and are therefore unreturnable. In addition, we will only be able to return items permissible by Royal Mail.
16.3. Bats and other wildlife may be present at the Accommodation and in the grounds of Trewince House. Any disturbance caused by wildlife should be reported to us immediately and reasonable steps will then be taken to assist. Please remember that bats and some other species are protected and it is illegal to interfere with them or their habitat.
17. Entire Agreement
17.1. This agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous promises, representations and undertakings.
17.2. No one other than a party to this contract shall have any right to enforce any of its terms.
18. Data Protection
18.1. We may communicate with you from time to time about your booking and your experience with us and will use your data in accordance with our privacy policy.
18.2. If you wish to alter the way we communicate to you at any time, you can write to the address given in the first paragraph of these Terms and Conditions, send an e-mail to info@trelowenportnavas.co.uk or telephone 07970 420307.
19. Governing Law
19.1. These terms and conditions are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.