Terms and Conditions

 TERMS AND CONDITIONS: Please read carefully. By booking a holiday with us you are agreeing to these conditions: 

In these booking conditions, 'you' and 'your' means all people named on the booking form (including anyone who is added or replaced at a later date). 'We', 'us' and 'our' means The owners and agents of ROSE COTTAGE, Brixham, Devon, LEY COTTAGE, St. Neot, Liskeard, Cornwall and WAGMUGGLE and TREWOODLOE COTTAGES, Golberdon, Cornwall

Before booking through us, please read these booking conditions carefully and all the other information relevant to your booking, including:

• the property rental conditions (which means all information in any specific conditions or restrictions set out in the brochure or website description of your chosen properties); and

• the Important information section of the brochure, the website or other publication we tell you about.

We arrange bookings of properties either as:

• an agent of the owner itself (owner) or

• the owner of the property

Section A

1 Making your booking
All bookings depend on the property being available. You as the person in charge of the party (the party leader) must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these conditions. You are responsible for making all payments due to us.
As long as the property is available and we have received all the relevant payments, we will give you written confirmation (see below) as soon as reasonably possible. This confirmation will show your booking details and the amount you still owe for the booking. Your binding contract with the owner will begin when we issue the written confirmation. For bookings made within 14 days of the holiday date, you will have a binding contract with the owner when we give spoken or email confirmation of your booking to you and you have made the appropriate payments to us If we pay the deposit into our bank account, it will not mean we have accepted a booking.
We will give you your written confirmation either by post or by email. If you book with us online, we will acknowledge that we have received your booking and then send you confirmation electronically or by email. If you book by post or phone, we will send your confirmation to you by post unless you tell us at the time of booking that you would prefer it to be provided electronically or by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We, on behalf of the owner, have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither us nor the owner will have any legal responsibility to you.
As soon as you receive your confirmation, you must check the details carefully. If anything is not correct, you should tell us immediately.

2 Payment
When you book, you should pay the deposit amount then due by bank transfer, Paypal, or by sending us a cheque. (We only accept payment in pounds sterling.) We must then receive the rest of the money owed no less than 8 weeks before the start of your trip. However, if you book less than 8 weeks before the start of your trip, we must receive full payment of the total cost when you make the booking. For any accommodation booked less than two weeks before your intended stay, you must pay for the booking in full by Paypal, or by bank transfer, at the time of booking.
If you do not pay any payment due in relation to your booking by the appropriate date we, on behalf of the owner or service provider, are entitled to assume that you want to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date.

If your bank refuses to make your payment for any reason, we are entitled to make an administration charge of £10. The amount will be shown on your confirmation.
3 Pricing
We may increase or reduce the prices of unsold products and services or correct mistakes in pricing at any time before we confirm your trip. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check all details at the time of booking.

All prices quoted or otherwise given to you include all charges and any UK taxes or government charges which may apply to your booking at the time it is made.
We can pass on to you, in full, after we have confirmed your booking, all costs or charges the owner makes to us which are connected with your accommodation, including any price increases due to changes in the rates of currency
All prices are for the property and are not on a per person basis.
4 Offers with a low deposit
Occasionally, we make offers giving you the chance to book properties with a deposit which is lower than usual. We will give you details of any extra terms that may apply to the offer before, or when, you make your booking. You should read these with these booking conditions. If you book a property with one which is lower than usual, you also agree to pay the difference between the amount paid and the usual deposit, , either at the time the balance of your booking is due or, if you cancel, at the time you cancel the booking. If you cancel, you must also pay all other cancellation charges which may apply. Please see section 6 for details on cancellations. We can also decide to extend any offer.

5 Brochure and website details
We aim to make sure that the information provided is presented accurately on our website, in brochures and other promotional literature or material we produce and provide. There may be small differences between the actual property and its description. This is usually because the owners are always aiming to improve services and facilities. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions mentioned in the brochure or on our website, by our advisers or advertised elsewhere. We make reasonable efforts to make sure that information we give you about advertised travel and other services, is accurate and complete on the date given..

6 If you change or cancel your booking
a Changes
If you want to change any detail of your confirmed booking, we will do our best to make the changes. However, we must receive your notice in writing you will have to pay any costs we have to pay to the owner. Individual party members may be able to transfer their place to someone else introduced by you as long as we are told at least two weeks before your departure date. .

b Full cancellations

If you have to, or want to, cancel your booking, you must phone us on the number shown on your booking confirmation as soon as possible. The day we receive your notice by phone to cancel is the date on which we will cancel your booking with the owner.

Depending on your reason for cancellation, you may receive a refund (authorised by the owner) of all money you have paid to us for your booking.. We will keep a cancellation administration fee of £36 for each week or part of a week per booking.

The conditions for getting a refund referred to above only apply if the cancellation applies to all members of your party. All prices are for the whole property and not on a per person basis.

Under your contract with the owner, to qualify for a refund you must have one of the following reasons and you may be asked to send evidence.

• Illness or pregnancy (we will need to see medical evidence that you or a member of the party is unfit to travel).

• Death.

• Redundancy (as long as the employment has been  continuous with the same employer for at least two years).

• Jury or witness service (in a court of law).

• Illness or death of a close relative (a close relative is defined as a husband, wife, civil partner, son or daughter, son-in-law or daughter-in-law, parent, mother-in-law or father-in-law, grandparent, sister or brother or fiancé or fiancée).

• Your home is damaged and cannot be lived in because of fire, storm, flood, subsidence or malicious damage.

• The police have asked you to stay at home, following a burglary at your home or place of business, during the period of your holiday or within the seven days before this.

• You are in HM Forces and are posted unexpectedly or have leave cancelled if you are in the police (unless you can recover the cost of the lost booking from another source) or

• You are placed in quarantine.

Please note that all of the above reasons must have arisen after you made your booking and must not have been within your knowledge at the time of your booking.

You may also receive a full refund if you cannot reach your destination due to snow or flood conditions or as a result of being involved in an accident while on the way there (This only applies if you have made every effort to try and complete your journey. You will need to produce evidence to us from the police or Highways Agency )
Although a refund is available in these circumstances, you may prefer to delay your arrival. In these cases, we will give you a 15% refund for each 24-hour delay (up to 72 hours maximum = 45%). For short breaks, we will give you a fixed refund of 45 % for all arrivals delayed for more than 24 hours.

In the cases above we may ask you to fill in a booking cancellation form which may need signing by a medical practitioner or employer. We may also need you to give us more information/evidence from other people (we will tell you at the time).

The following reasons for cancellation do not qualify for a refund as set out above. Suicide or attempted suicide, deliberate self-injury, the effect of alcohol or drugs, or any other reason which is not specifically referred to.

If the reason for cancellation does not fall within one of those given above, for example, you do not want to travel, your leave is cancelled by your employer (other than HM Forces or the police) and so on, you will have to pay a cancellation charge based on the number of days before the arrival date at the property that we receive notice, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not paid your total holiday cost,  by the time of your cancellation, you may have to make a further payment to cover the cancellation charge.

For the purpose of the table below, total cost means the total cost of the accommodation booking, including any extra items.

7 Cancellation charges

To avoid any doubt, total cost does not include flights, other travel services or any other amounts not paid to us.
 Cutting short your stay
You can also get a refund as set out above if you show that your stay  is cut short for any of the reasons set out in b above. In this case, we will refund the appropriate percentage of the cost of your stay. This only applies if everyone from your party leaves the property. If your stay is cut short for medical reasons affecting any person in your party, you will need to produce a certificate from a local doctor, confirming that they needed to return home. 
Part cancellations
If only one person in your party needs to cancel, this will not normally affect the total cost of your booking.

8 Cancellations or changes by the owner 
The owners do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled or mistakes in brochures or other details corrected. The owner has the right to do so. If they do, we will contact you (by phone if reasonably possible and in the case of a significant change or cancellation. We will let you know about minor changes by post) as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change.
9 Events beyond our control
Unless we say otherwise in these booking conditions, unfortunately we or the owner will not be legally responsible either jointly or individually for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we or the owner or service provider could not, even with all due care, expect or avoid, including:

• strike, lock-out or labour dispute;

• natural disaster;

• acts of terrorism, war, riot or civil commotion;

• malicious damage;

• keeping to any law or governmental order, rule, regulation or direction;

• accident;

• breakdown of equipment or machinery;

• insolvency or bankruptcy of an owner or service provider;

• fire, flood, snow or storm;

• difficulty or increased cost in getting workers, goods or transport; and

• other circumstances affecting the supply of goods or services.

10 Our legal responsibilities to you

If you have any complaints about any services we provide, you must let us know immediately in writing and in any event within seven days of the end of any arrangements booked through us. Unfortunately, we cannot accept any legal responsibility if you do not let us know. We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or for any criminal act we may commit.
Neither we nor the owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner's control. If we know about a problem before you arrive, we will contact you to let you know.

11 Insurance
We recommend that you take out enough travel insurance to cover you for your total stay.
You are responsible for covering us if we suffer any losses or expenses arising out of your failure to take out proper insurance cover. We strongly advise you to take out insurance which will cover any damage which may happen to property which belongs to other people and which may get damaged.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to make sure that the insurance cover you buy is enough for your needs.

12 Disabilities and medical problems
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you confirm your booking and give us full details in writing as early as possible before you travel. If the owner reasonably feels unable to properly meet that person"s particular needs, we can refuse or cancel the reservation.
13 Your property
The owner has set the following conditions on your stay at the property. You can arrive at your property at any time after 3pm (unless we tell you otherwise, for example on your confirmation) on the start date of your rental period. You must leave by 10am on the last day. If your arrival will be delayed beyond 8pm on the start date of your rental period, you must contact the person whose details are given in the location guide. If you fail to do so, you may not be able to get into the property. If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not let the person whose details are given on the location guide know you are arriving late, we on behalf of the owner may treat your booking as having been cancelled by you. In this situation, we will not refund any money you have paid.
You and all members of your party agree to keep the property clean and tidy, to leave the property in a similar condition as you found it when you arrived, and to behave in a way at all times while at the property which does not break any law. You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted on behalf of the owner. You are responsible to the owner for the actual costs of any breakage or damage in or to the property - along with any extra costs that may result - which are caused by you or any members of your party. The owner can ask for an extra payment from you to cover any related costs.
The owner can refuse to allow you into the property or ask you to leave if they reasonably believe you or any member of your party is behaving illegally, or that any damage is likely to be caused, has been caused or is being caused by the behaviour of you or any members or your party. We will treat these circumstances as a cancellation by you. You also must not allow more people than the brochure states to stay in the property. And you cannot significantly change the number of adults, children or pets during your stay. If you do any of these things, the owner can refuse to hand over the property to you, or can repossess it. If the owner does this, we will treat this as you cancelling the booking. And we or the owner will not be legally responsible to you as a result of this situation. (This will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation.) Neither we nor the owner are under any obligation to find any alternative accommodation for you.
You must allow the owner or their representative (including workmen) access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, the owner can enter the property at any time without giving you prior notice).
If you take a pet with you, it is not allowed on beds or furniture. Do not leave any pets unattended in the property. Registered guide and support dogs belonging to those with sight and hearing difficulties are allowed in all properties. If you or any member of the party has an allergy, we cannot guarantee that a registered guide or support dog has not stayed in your chosen property nor can we accept any legal responsibility for any suffering as a result of animals having been there. 

14 Damage / Minor Accidental Damage
You will be responsible to the owner for all damage or breakages caused by you and/or (whichever applies) genuine members of your party to the property or its contents (including the cost of any work needed to put this right). This may include responsibility for paying for this damage. If you discover that anything is missing or damaged on arrival please notify the owner/keyholder immediately.
15 Special requests
If you have any special requests, you must let us know when you make a booking and confirm them in writing. Although we will try to pass any reasonable requests on to the owner , we cannot guarantee that any request will be met. Confirmation that we have noted a special request, or of the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we or the owner fail to meet any special request, it will not mean we or they have broken your contract.
16 Complaints
If you want to complain, we, together with the owner, will want to take action to sort your complaint out as soon as possible. It is essential that you contact the owner immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless the owner is told promptly. If you discuss the problem with the owner, during your stay at the property, it can usually be sorted out straightaway. In particular, complaints which would only be temporary (for example, complaints on how the property is prepared or the heating not working) cannot possibly be investigated unless registered during your stay. If you cannot contact the owner, or if you are not happy with their response, you should immediately phone Tabitha on 01793 631500 or 07872 112240, who will endeavour to sort out any difficulties as soon as possible. We have designed this procedure to make sure we can sort out complaints as quickly as possible. Please help us and the owner to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation if this would be appropriate.

17 Governing law
Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you must agree that any dispute will be dealt with by the courts of England and Wales.

18. Communicating with you
To process your booking we will need to collect and process personal information.
We would like to send you information about our properties in future that we think will interest you. We may do this by post, phone, text message or email. If you would rather that we did not do this, please tell us when you book.


19. Cancellations or changes made by us

It is unlikely that we will have to make changes to your booking arrangements but occasionally, as we make the arrangements for your bookings many months ahead, we may occasionally have to make changes both before and after bookings have been confirmed. Or, we may have to cancel confirmed bookings. While we always try to avoid changes and cancellations, we can make cancellations or changes at any time. Occasionally we have to make a "significant change" such as a change of property to that of a lower standard, or a change of area. If we need to do this, we will let you know as soon as possible before you leave. We treat all other changes as minor. As a result, we will decide whether to let you know about them. If we have to make a significant change or cancel your booking, and as long as there is time to do so before the departure date, we will offer you three options.

• You can accept the other booking arrangements we offer you.

• You can transfer to another booking (the price may be different from your original booking).

• You can cancel your booking (together with a refund of any amounts you have paid).

  Following our offer of the other booking arrangements, you must let us know your choice within a reasonable time. If you fail to do so, we will assume that you have chosen to accept the other booking arrangements. The options shown above are not available if any change is a minor one or if the change or cancellation by us arises out of alterations to the confirmed booking which you have asked for. And, if we make a significant change or cancel your booking within 10 weeks before the date of departure, we will pay you compensation in line with the scale and conditions set out below. However, there is one exception. We cannot offer anything more than the above options if we are forced to make a change or cancellation as a result of unusual or unexpected circumstances beyond our control, which we could not avoid. These circumstances may include, but are not limited to, those listed under "Events beyond our control" in clause 9 above.

The table above sets out the most we will pay under this clause. We are sorry that we cannot meet any expenses or losses you may suffer as a result of inconvenience suffered. If we offer you accommodation with a higher price than the original accommodation and you accept it, we will take the difference from any compensation due.

20. Our legal responsibility to you

We will not be legally responsible for any injury, illness, or death or resulting losses suffered by you or any member of your party, unless you can prove that the injury or illness was caused by lack of reasonable care and skill on the part of ourselves or our suppliers under our contract with you. Before we pay you any compensation, you must make any complaint or claim strictly in line with clause 16. You must also transfer your legal rights you may have against anyone else in connection with your claim. You must co-operate with us and our insurers in this. If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you booked with us - including for example any extra services or facilities provided to you by a hotel or any other supplier which was not included as part of the original contract between us - we will not be legally responsible to pay you or your representative any compensation. However, we will offer you reasonable advice and guidance in all the circumstances as long as we are told about the incident within 90 days of it happening. We will not be responsible if you do not enjoy the holiday or suffer any other problems because of a reason which you did not make us aware of when the holiday was booked.

• In all claims we will not be legally responsible if the alleged loss or damage results from any of the following.

• The fault of the person affected or any members of their party

• The fault of someone not connected with providing your holiday which we could not have predicted or avoided

• An event or circumstance which we or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care.

• The fault of anyone who was not carrying out work for us (generally or in particular) at the time.

21. If you change or cancel your booking -
Full cancellations
If you have to, or want to, cancel your booking, you must phone us on the number shown on your booking confirmation as soon as possible. You must also immediately confirm your cancellation in writing, sent by recorded delivery, to us at the address shown in the brochure or on the website. The day we receive your notice by phone is the date on which we cancel your booking. If you cancel, the owner will make a cancellation charge, as shown in the following table.
This means that if you have paid the balance of your total cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not paid your total cost, by the time of your cancellation, you may have to make a further payment as a cancellation charge.

For the purpose of the table below, "total cost" means the total cost of the booking, including any extra items. You will still have to pay any insurance premiums, PayPal or credit-card charges and administration fees for making any changes.

If you have already paid insurance premiums, credit-card charges and administration fees, we will not refund them if you cancel.

Cancellation charges

Rose Cottage is a self catering holiday cottage on the South Devon Coast, It sleeps 6, has two bathrooms  and dogs are welcome. We also have self catering cottages in Cornwall - please contact us for details.