1. THESE TERMS
1.1. What these Terms cover
These are the terms and conditions on which we will supply holiday lets to you.
1.2. Why should you read them
Please read these terms carefully before you submit your booking request to us. These terms tell you who we are, how to make a booking, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US
2.1. Who we are
We are Mawgan Porth Holiday Village Limited, trading as The Park, a company registered in England and Wales. Our company registration number is 02950234 and our registered office is at The Park, Mawgan Porth, Newquay, Cornwall TR8 4BD. Our registered VAT number is 643425743.
2.2. How to contact us
You can contact us by telephoning our customer service team at 01637 860322 or by writing to us at [email protected] or The Park, Mawgan Porth, Newquay, Cornwall TR8 4BD.
2.3. How we may contact you
If we have to contact you we will do so by telephone or in writing to you at the email address or postal address you provided to us in your booking request.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. MAKING A BOOKING/OUR CONTRACT WITH YOU
3.1. Bookings requests may be made by telephone on 01637 860322 or via the Park’s website at www.theparkcornwall.com
3.2. The Park will request details of all persons in your party including names and ages at the time of booking. This information will be required by us for insurance purposes.
3.3. A booking is complete once you have received confirmation of your holiday booking from The Park in writing (“Booking Confirmation”).
3.4. When you receive the Booking Confirmation from The Park a contract will come into existence.
3.5. The contract is with The Park, being the owner of the accommodation and you the person signing the booking form.
3.6. The person who completes the booking and therefore accepts the terms of these booking conditions confirms that:
a) He/she is responsible for agreeing to the booking conditions on behalf of all other persons included in the booking, including those substituted or added at a later date; and
b) He/she is over twenty-one years of age and a member of the party intending to occupy the property; and
c) He/she agrees to take responsibility for all parties occupying the property.
3.7. If we cannot accept your booking request we will inform you of this is writing and we will not charge you for the booking.
3.8. The Park reserves the right to accept or refuse any bookings in their absolute discretion.
4. PRICE AND PAYMENT
The prices and charges shown in our tariff and other communications are reviewed throughout the year and are subject to increase or decrease. The most up to date prices (which include VAT) are available on our website and will be quoted when you make a booking request. We take all reasonable care to ensure that the price advised to you is correct however, please see paragraph 4.3 for what happens if we discover an error.
4.2. We will pass on any changes in the rate of VAT.
If the VAT rate changes between your booking request date and the date of your holiday, we will adjust the rate of VAT that you pay, unless you have already paid for the holiday in full before the change in the VAT rate takes effect.
4.3. What happens if we have got the price wrong.
It is always possible that, despite our best efforts, some of the holidays we sell may be incorrectly priced. We will normally check prices before accepting your booking request so that, where the holiday’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the holiday’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your booking request. If we accept and process your booking request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
4.4. When you must pay and how you must pay.
A booking, whether by telephone, post or via our website, must be accompanied by a deposit at the following times:
a) If a booking is made ten weeks or more before the holiday is due to start you must pay a deposit equal to the sum of one-third of the total fee;
b) If a booking is made less than ten weeks before the letting is due to start, the full holiday fee plus a cautionary deposit (if requested) plus any additional charges, must be paid by you at the time of booking.
4.4.2 Final Payment
a) Payment of the balance of the total holiday fee plus any cautionary deposit and any additional charges due to The Park must be paid ten weeks before the holiday is due to start (“the Due Date”).
b) Non-payment by the Due Date may be treated as a cancellation by you.
c) The Park is not and shall not be responsible for sending any reminders of the Due Date.
4.5. Methods of payment
4.5.1. Payments may be made by cheque (drawn from a UK bank only), credit card, debit card, or BACS payment.
4.5.2. Cheques should be made payable to Mawgan Porth Holiday Village Ltd. Post-dated cheques are not accepted.
4.5.3. Any charges raised against The Park for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse The Park within seven days of receipt of notification of such charges from us.
5. OUR PROPERTIES
5.1. The properties may vary slightly from the pictures. The images of our properties on our website or marketing material are for illustrative purposes only. Whilst The Park has taken all reasonable steps to ensure that the information contained in its tariff, website, leaflets, advertisements, and other forms of promotional material are accurate, the services, facilities and amenities provided may be altered differ or withdrawn.
5.2. Making sure your information is accurate. We are providing properties and services in accordance with the information that you have given us and so you are responsible for ensuring that information is correct.
6. YOUR RIGHT TO MAKE CHANGES TO A BOOKING
6.1. If you wish to make a change to the booking you have requested please contact us.
We will let you know if a change is possible. Once a booking has been accepted and confirmed by The Park the booking can only be changed at the absolute discretion of The Park.
6.2. If it is possible to make the changes and The Park agrees to make the changes to the booking we will let you know about any changes to the price of the booking, the timing of the booking, or anything else that would be necessary as a result of your requested change and ask you to confirm if you wish to go ahead with the change. You must pay an administration fee of £20.00 to The Park for handling your booking.
6.3. No changes will be permitted within 10 weeks of the holiday start date.
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the booking. We may change the booking or service provided:
a) to reflect changes in relevant laws and regulatory requirements; or
b) to implement minor technical adjustments and improvements.
7.2. More significant changes to the booking and these terms/non-availability of property. If for any reason beyond The Parks control the property is not available on the date booked, or if the property becomes unsuitable for holiday letting, all rent and charges paid in advance by you will be refunded in full and The Park reserves the right to cancel the booking.
7.3. Where possible The Park will provide you with 4 weeks’ notice except in exceptional circumstances.
7.4. If the Notice period is less than 4 weeks The Park will endeavour to find you alternative accommodation, or at your request return to you any sums that you have paid. You will have no claim against The Park.
8. YOUR RIGHTS TO END THE CONTRACT
8.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the booking, how we are performing and when you decide to end the contract.
8.2. Ending the contract because of something we have done. If after you have received your Booking Confirmation the property becomes unavailable on the date booked for any reason you may end the contract immediately and we will refund you in full for any payments made to us.
8.3. Ending the contract because you have changed your mind.
No monies are refundable in the event of cancellation by you. Deposits may be transferred to a future booking if cancellation is more than 10 weeks before the holiday start date subject to The Park’s discretion. We strongly recommend that you take out Holiday Cancellation Insurance to provide cover in the event that you should need to cancel your booking.
9. HOW TO END THE CONTRACT WITH US.
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Phone or email. Call customer services on 01872 860322 or email us at [email protected] .Please provide your name, home address, details of the booking and, where available, your phone number and email address.
b) By post. Simply write to us at the address shown on our website, including details of what you bought, when you ordered or received it and your name and address.
9.2. How we will refund you. Where we have cancelled your holiday in accordance with paragraph 7.2 above we will refund you the price you paid for the booking by the method you used for payment.
9.3. When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for the holiday letting at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
b) you exceed the total number of people stipulated in the property or the total number of people stated in the Booking Confirmation;
c) you are excluded from the property due to unacceptable behaviour effecting others on the site.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 10.1 we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. THE CAUTIONARY DEPOSIT
11.1. Where a cautionary deposit is required, this will be stated, along with the amount, in the property description on the website, in the brochure and confirmed in the Booking Confirmation.
11.2. The Park will be entitled to deduct from the Cautionary Deposit the cost of remedying any breach of the obligations set out in paragraph 13 or any unauthorised extension referred to in paragraph 12.2 and shall be entitled to change any additional amount where the Cautionary Deposit does not fully cover the cost of remedy.
11.3. Where no breach of obligations set out in paragraph 13 has occurred, you will be refunded the whole amount of the Cautionary Deposit.
12. DURATION AND TIMES OF HOLIDAY
12.1. Holidays are for a maximum of four weeks and commence at 4pm - 6pm on the first day of the holiday and end at 9am on the day of departure unless otherwise notified.
12.2. The period booked cannot be exceeded unless The Park gives written approval. You will be liable for any cost of whatever nature incurred because of an unauthorised extension.
13.1. Where a telephone is available for use at the property, to pay for all telephone charges incurred during a holiday unless included in the holiday fee;
13.2. To vacate the property by 9am on the day of departure;
13.3. To pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which is for the avoidance of doubt means repairs that are decorative and wear out or come adrift in the course of reasonable use) which will be determined at The Park’ discretion;
13.4. To inspect the inventory left at the property and report any discrepancies or concerns to The Park within 24 hours of arrival. If no discrepancies are reported the inventory will be deemed to be correct.
13.5. Take good care of the property and leave it in a clean and tidy condition at the end of the holiday. A cleaning service is not provided during the holiday unless otherwise specified or agreed. Should The Park be dissatisfied with the condition of the property upon your departure, they may refuse to take a booking from you again. If you are excluded from a property then The Park has the right to refuse any more bookings from you at any property.
13.6. To permit The Park reasonable access to the property.
13.7. Not to part with possession of the property, or share it, except with members of the party confirmed at the time of booking.
13.8. Not to sell or transfer the booking to another party without written agreement of The Park.
13.9. Not to exceed either the total number of people stipulated in the property description or the total number of people stated in the Booking Confirmation.
13.10. Not to have anyone other than those detailed at the time of booking and listed in the Booking Confirmation staying at the property.
13.11. Not to use a cot for a child over 24 months.
13.12. To respect the privacy and well-being of those occupants of adjoining or nearby properties and not to cause an annoyance or become a nuisance. Complaints from adjoining or nearby occupants about your behaviour may result in The Park requiring you to leave the property immediately without a refund of any monies paid by you
13.13. To take care when using sun cream, fake tan, hair dye, waterproof make up and henna tattoos and other such items which may cause damage to linen, bedding and towels. A charge may be levied to replace any items damaged by such products.
13.14 To only park one car at the property and to park any other cars in the main car park or the overflow car park, (you will need a pass for the overflow car park and this can be provided).
14. PRICE CHANGES
14.1. The Park has made all reasonable efforts to accurately describe the property in the information that we publish.
14.2. The Park cannot accept responsibility for errors contained in the information or any other mis-description as a result of inaccurate information given by us.
14.3. You acknowledge that minor differences may arise between the information given and the actual property itself.
14.4. The Park reserves the right to amend prices quoted in published information and online at any time.
14.5 . The Park reserves the right to offer last minute deals for late availability, and discounted offers throughout the year. Once you have booked and paid a deposit, or full balance payment, your holiday price will be fixed and will not be subject to any price increases nor eligible for subsequent discounts or offers.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
15.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the booking.
15.3. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4. The Park accepts no liability for any accident, loss or damage to your possessions on The Park’s property or land.
16.1. Pets are only permitted within certain properties with the prior consent of The Park.
16.2. Pets are not permitted in the bedrooms or on the furniture.
16.3. Pets must not be left unattended in the property as this can result in considerable damage to the property, noise disturbance to nearby occupants and distress to the pet.
16.4. Pets are not permitted in the children’s play areas*
16.5. Pets are not permitted in the indoor or outdoor pool areas*
16.6. A charge will be made for pets in the sum of £40 per dog per stay, which is payable at the time of booking.
16.7. It is your responsibility to clean up after your pets around the site and to ensure that no trace is left of your pets having been at the property.
16.8. Pets must be kept under control at all times and on kept on a lead throughout the site.
16.9. Pets are not allowed in the Café but are permitted in the conservatory and outdoor seating area*
16.10. In properties where pets are not allowed, The Park cannot guarantee that there has been no pet previously in the property.
* These terms do not apply to assistance dogs.
17.1. It is our aim to provide you with the best holiday experience possible. In the unlikely event that a problem should arise we kindly ask the person who booked the stay to inform a member of The Park staff at the earliest opportunity to assist us in dealing with the situation effectively and promptly. Alternatively please telephone our team on [Telephone number].
18. DAY VISITORS
18.1. Day visitors are welcome although they must park in the main car park.
18.2. Day visitors are not permitted to use the outdoor pool area.
18.3. Day visitors are permitted to use the indoor pool but must pay the relevant charges.
19. LINEN AND TOWELS
19.1. Bed linen and bathroom towels are supplied for use in each property.
19.2. White bath towels must not be removed from the property or used in the pool areas.
19.3. Pool and beach towels are not supplied. Please ensure that you bring your own
19.4. Linen changes only apply to bookings of fourteen days or more and will usually take place between 10am and 11am on the second Monday of your stay.
19.5. Cot bedding is not supplied
The following equipment may be supplied for hire free of charge (subject to availability), but must be reserved at the time of booking and will appear in your Booking Confirmation. Please bring this to our attention if the equipment booking does not appear on your Booking Confirmation as we cannot guarantee availability on your arrival:
a) Travel cot;
b) Child’s buggy;
c) High chair;
d) Bed guard.
21.1. Bicycles are stored at the owner’s risk. We do not accept responsibility for loss or damage.
21.2. Bicycles must not be taken indoors.
22.1. Smoking is not permitted in any of our properties or buildings.
22.2. A charge of £150.00 will be levied against any person responsible for the booking should it be found that someone has been smoking inside the property.
23. THE KITCHEN
23.1. The Kitchen is open to residents as well as Day Visitors.
23.2. The Park reserves the right to close The Kitchen at any time, without notice and for any reason.
24. SWIMMING POOLS, SAUNA, STEAM ROOM and CHILDREN’S PLAY AREAS
24.1. Our pools, their amenities and children’s play areas are not attended by our staff; therefore children aged 15 or under MUST be supervised by an adult at all times.
24.2. Babies and infants still being nappy trained must wear aqua nappies when using the pools. These can be purchased from The Café.
24.3. The Park reserves the right to close these areas at any time, without notice and for any reason.
24.4. Children under the age of 16 are not allowed to use the Sauna and Steam room without adult supervision.
24.5. Displayed safety notices must be adhered to at all times.
24.6. The Park accepts no responsibility for injury or accidents.
The price quoted will be the price including VAT where payable.
26. HOW WE MAY USE YOUR PERSONAL INFORMATION
26.1. How we will use your personal information. In making a booking we will ask for personal information such as your name, postal address, email address and telephone number as well as payment details. We will use the personal information you provide to us:
a) to action the booking request and provide the holiday let to you;
b) to process your payment for the holiday; and
c) to inform you about news, offers and information about similar services we provide which we think may be of interest to you.
26.2. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to [email protected]
26.3. We will only give your personal information to third parties where the law either requires or allows us to do so.
27. OTHER IMPORTANT TERMS
27.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
27.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
27.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
27.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
27.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the holiday, we can still require you to make the payment at a later date.
27.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.