1. Forgotten Houses is a trading name of Forgotten Houses Ltd (‘the company’) whose registered office is at Bosvathick Constantine Falmouth TR11 5RD, who act entirely and only as booking agents for the owners (“the owner”) of all the properties offered. Contracts accepted by the company shall be between the person signing the application form (“the tenant”) and the owner of the property whose name is shown on the company’s form of acceptance.
2. The tenancy confers upon the tenant the right to occupy for a holiday. Unless so agreed in writing, bookings cannot be accepted from groups of single persons under the age of 25, or all male or female parties with more than two persons.
3. Lettings are for a maximum of four weeks and, unless otherwise agreed in writing, or so specified in the details for a particular house, commence at 3.00pm on the first day of the let, ending at 10.00am on the day of departure, allowing time for cleaning of the property between visitors. Lettings generally commence on a Saturday afternoon and finish on the Saturday morning, except for a weekend, midweek or other agreed period.
4. The company holds a telephone booking for four working days, until a booking form and a deposit equal to thirty percent of the full rent due is received. If the booking is not accepted, the deposit will be refunded in full.
5. Once a booking is accepted by the company as agents, a contract for the occupation has been agreed, and the balance due is payable eight weeks before the start of the tenancy, for which no reminder is necessarily sent. Bookings made within eight weeks of occupation require that payment in full be made at the time of booking. If any payment due in relation to your booking is not received by the due date, the company on behalf of the owner is entitled to treat the tenant’s booking as cancelled and the company may immediately attempt to remarket the property in order, on behalf of the owner, to use best efforts to minimise the loss for the tenant.
6. Clients should be aware that use of a clients credit card means that the payee will be charged a percentage. This percentage can, with some cards, be considerable. The payee will, therefore, add a percentage payment to the sum due, the percentage payment reflecting the charges deducted on each such payment by the credit card company. The present charge is 2.5% on the value of each credit card transaction.
7. A cancellation by the tenant after acceptance by the company of a booking constitutes a breach of contract. Due to the period of time that is usual between booking and occupation, the owner may have turned away other prospective tenants in the period between acceptance and cancellation, and thereafter be unable to obtain a booking, despite the owner’s best endeavours to minimise the tenant’s loss, including the use of advertising and making of special offers. In the case of cancellation by the tenant, the owner shall be entitled to retain any sum paid as a deposit and may also bring a claim against the person signing the booking form for a sum equal to the owner’s additional losses if any, including loss of profit, suffered by reason of the cancellation. Non-payment of the outstanding balance of monies due eight weeks prior to the start of the tenancy shall be deemed a cancellation. It is emphasized that reasonable and proper cancellation charges may be as much as the total cost of the holiday booking. However, rents cannot be taken for a property twice, and the company will use every effort to relet a property if told in writing that the tenant wishes to change the date, or no longer requires the property. If and when a property is relet, credit will be given for the full replacement rent obtained and received, less any deposit paid together with reasonable costs of additional advertising and letting, if any, if and when the cancelled period is re-let to third parties, and funds received.
8. The tenant agrees: a) To arrive at the property before 8.00pm on the day the tenancy commences, in order to assure the security of the property, unless an alternative arrangement is agreed in writing with the company. Failure to arrive without prior agreement before 12pm the day after the tenancy commences, will be regarded as cancellation, and no refund of any monies paid by the tenant will be made. b) To take good care of the property and contents and to leave it in a clean and tidy condition. No cleaning service is provided in the course of the tenancy. The tenant is responsible to the owner for the actual costs of any breakage or damage in or to the property, – along with any additional costs that may result- which are caused by the tenant or any member of the tenant’s party, and the owner can require payment from the tenant to cover any such costs. c) To permit the owners and their agents reasonable access to the property. d) Not to part with possession of the property, or share it save with members of the party shown on the booking form, and not to exceed the number of people shown in the property description. e) Not to allow a pet into the property unless first notified to and then agreed to by the company. Pets are not allowed on chairs or beds, and are never to be left unattended in the property
9. Electricity, fuel, wood, gas and oil are supplied as appropriate, & without further charge for use on the property unless specifically mentioned as an extra in the rate chart.
10. Pets are allowed, where so permitted in writing, when a weekly charge is made for each pet.
11. Use of the home and any amenities provided to the applicant is provided by owners to the applicants entirely at user’s risk, and no responsibility can be accepted for loss or damage to any persons or persons’ property who use the property.
12. As noted in the brochure descriptions and other literature of the company, the details include scale plans noting furniture on a representational basis only and there may also have been improvements, renovation, alterations or changes in detail, layout, furniture and equipment between the date of publication and the date of the holiday. The company makes reasonable efforts to ensure that the information given in relation to a property is accurate and complete when so given. In case of any discrepancy between these booking conditions and the contents of any brochure or correspondence, these conditions prevail.
13. If for any reason beyond the owner’s control the property is not available on the date booked (due to fire damage, for example) or the property is unavailable for holiday letting, all rents and charges paid in advance by the tenant will be refunded in full.
14. All or any complaints must be notified to the company immediately so that the owners or their agents can make an immediate on the site investigation and, if necessary, take remedial action. If complaints are raised after the tenancy the owners or the company as agents for the owners will have been denied the opportunity to investigate and endeavour to put right any such matter, during the tenancy.
15. If there shall be any material breach of these conditions including, but not limited to vandalism or disturbance, the owners or their agents reserve the right to re-enter the property and terminate the tenancy without prejudice to the other rights and remedies of the owners.
16. The contract is deemed to have been made at Bosvathick, Constantine, Falmouth, Cornwall, and the proper law of the contract is English.
17. The person signing the booking form must be a member of the party intending to occupy, be over eighteen years old, and certify that he or she is authorised to agree the booking conditions on behalf of all persons included on the booking form, including those he or she may substitute or add at a later date.