All bookings at Vivian House are subject to the following Terms and Conditions.
Terms Version 1: 7 February 2016
1. General and Definitions
Vivian House is owned and let out by A & C Martin of Vivian House, Dove Street, St Ives, Cornwall TR26 2LZ (the “Owners”, “We” or “Us”).
Vivian House has two spaces for separate rental referred to as the “Property” for the purposes of this rental agreement (the “Agreement”). The Property may refer to either or both of the spaces, as defined in the Booking documentation.
The “Hirer” (or “You”/”Your”) is the legal person who enters into this Agreement with the Owners. The “Party” indicates the named people who occupy the Property with the Hirer as a result of this Agreement. Infants under two are not required to be counted as members of the Party
2. Making a Booking
An indication of availability and rental prices (in UK Pounds Sterling) is to be found on this website under the section “Availability & Rates”. Please note that We do our best to keep this information up to date but cannot guarantee availability on any dates or at the proposed rates until we have received and confirmed your Booking Request.
A Booking Request can be made directly from the website or else by telephone (on 01736 797940). Availability and the total rental cost due will be confirmed by Us (in an Offer to you) as soon as possible after the Booking Request has been received. We will contact you at the email or telephone number provided if any further details or other clarifications are required for us to make Our Offer.
If You accept this Offer (by telephone or by email), this becomes a provisional booking. However, the booking is not finally confirmed until a deposit is received in cleared funds as described in paragraph 3 below.
Any provisional booking will be valid for one week (seven days) after which it will normally expire. If the deposit is not received during this period, then We reserve the right to accept bookings from other clients for the same period. We will endeavour to contact you to discuss this by e-mail or telephone before We formally accept any other booking.
All bookings are made according to the full terms of this Agreement.
3. Booking Deposit
Your booking is not finally confirmed with Us until We receive a deposit from you in cleared funds. See below under “Methods of Payment” to understand what is meant by cleared funds. Once we have received this deposit, we will issue you a “Booking Confirmation” typically by e-mail but also by post if You request it.
The normal booking deposit is £200 (two hundred pounds). If your total anticipated rental charge is below this amount, then the deposit is reduced to the level of that charge. Note that We also reserve the right to request a higher deposit in certain circumstances.
This deposit represents a partial advance payment of the agreed rental amount. It will is only returnable if you cancel your booking at least six weeks before the start date (see below about cancellation).
4. Full Rental Payment
By making your booking deposit, as above, a contract exists between You and Us and You are committing to making the remainder of the payment as agreed in the booking confirmation. This is due six weeks prior to the start of the rental period (as defined in the Booking Confirmation). We will send you a reminder of this payment in good time before this date.
If we do not receive this payment before this six-week period, your booking will normally be considered cancelled and your pre-payment deposit will be returned less an administrative fee of £15. We will, however, try to contact you to discuss before cancelling your booking.
For bookings made less than six weeks in advance, the full rental payment is due immediately before the booking can be confirmed.
5. Method of Payment
Payments may be made by cheque or direct bank transfer. Full details of how to make these payments will be sent to you with the confirmation of your booking request.
For payment by Cheque or bank transfer, note that “cleared funds” means the time that funds appear in our account (for cheques, this requires that the cheque has been received by us, paid into our bank and funds received from your bank).
A charge of £25 will be made for any dishonoured cheques, which will be added to your account.
For payments made by bank transfer from non-UK accounts, please make sure that We receive the full amount in UK Pounds Sterling. We are not responsible for any exchange rate fluctuations nor foreign bank payment charges. You may need to clarify this with Your bank when arranging the transfer.
We reserve the right to refuse booking requests at our sole discretion with no obligation to explaining our reasons for doing so. Under normal circumstances, bookings will not be accepted from groups of single people under the age of 25 nor of groups of single sex adults.
The property is occupied only for a holiday: the period booked cannot be extended, nor can the total number of persons exceed the number stated in the original booking confirmation unless agreed in writing in advance with the Owners.
7. Pets & Smoking
Vivian House is not suitable for pets. These are explicitly not allowed in the Property.
Vivian House, the Apartment and the Annexe operate a strict ‘No Smoking’ policy and that includes outside the property.
8. Duration and Times of Letting
Lettings commence from 3pm on the first day of the tenancy and end at 10am on the last day of the tenancy.
You can arrive and collect your keys between 3pm and 8pm on the day of arrival. If you plan to arrive after 8pm, you should let us know in advance. Properties must be vacated by 10am on the day of departure. We may be able to offer some flexibility in these times depending on bookings. Please contact us if you would like to discuss this.
9. Changing Your Booking
If you want to make a minor change to any of the details of your booking before the rental period starts (e.g. changing the name of a member of your party), please let us know as soon as you can. There will be no charge for minor changes.
A change of dates, or any change that affects the price of your holiday, will be treated as a major change.
Major changes made at least six weeks prior to the start date of your holiday will incur an administration charge of £15.00. Major changes made within six weeks of the start date of your holiday will be treated as a cancellation – see below for cancellation conditions.
10. Cancellations in advance of rental start
Cancellation by Us
Note that we may cancel your booking before the rental starts:
- If you have not paid us the full Rental Fee on time as per section 4 above
- We are unable to provide the accommodation (as per 13b below)
Cancellation by You
Cancellations must firstly be advised by telephone to us on 01736 797940 followed by written confirmation to be received within 7 days. Provided we receive written confirmation within this period, the cancellation date will be that of the original telephone call.
Cancellations more than six weeks before rental start date
If you cancel your booking more than six weeks before the agreed start date, you will not be required to pay the remainder of the rental fee and your deposit will be refunded (less a £15 administration fee). If you have already paid the full rental fee, this will be refunded (less the £15 administration fee).
Cancellations less than six weeks before rental start date
If you cancel your booking after payment of the full rental amount (as per 3 above) and within six weeks of the start date, then we will only be able to offer you a refund of your rental fee if we are able to re-let the property for the period originally booked. We will use our best efforts to secure another booking but this cannot be guaranteed and any new booking may not cover the full amount of your payment, in which case your refund will be reduced accordingly.
No pro-rata refunds will be considered for rentals which have started and which you terminate early (curtailment).
For full protection against unforeseen cancellations, we recommend that you check that your holiday insurance policy covers all costs of cancellation.
Cooling Off Period
If a booking is cancelled within 7 calendar days of the first deposit payment being made (or the full payment if within six weeks of the planned start date), cancellation procedures will not apply and your payments will be returned in full. Again, this cancellation must firstly be advised by telephone to us on 01736 797940 followed by written confirmation to be received within 7 days. Provided we receive written confirmation within this period, the cancellation date will be that of the original telephone call
Refund Method & Fee
All refunds will be made according to the initial payment method. If you have used two methods, the refund will be split accordingly
All refunds (other than under the Cooling Off Period as above) will incur a £15 administration fee which will be deducted from the amount returned to you.
11. Obligations of the Owners
Other than resulting from negligence, the Owners shall not be responsible for any injury, damage or loss of whatsoever nature suffered by the Hirer or any members of the Hirer’s party or any other person lawfully upon the property during the holiday occupancy. In addition, the Owners accept no liability for loss of or damage to your or the Party’s possessions on the Owners’ property or land.
b. Non Availability of Accommodation
If due to any occurrence beyond the control of the Owners and/or his Agent the accommodation is not available as booked (such as, though not exclusively, through fire or flood), all monies paid (including the deposit) will be refunded in full. Furthermore, the Owners will endeavour to connect the Hirer to sources of possible alternative accommodation though are under no obligation to ensure this is provided. The Owners will be under no further liability towards the Hirer or the Party.
12. Obligations of the Hirer
The rental confers upon you and your Party the right to occupy for a holiday within the meaning of schedule 1, paragraph 9 of the Housing Act 1988.
(a) To keep and leave the accommodation in a clean and tidy state returning all furniture to the place in which it was found on entry. A cleaning service is not provided during the rental period.
(b) In the case of breakages and damage to replace with similar items or else to notify the Owners, with any replacement costs being paid by you.
(c) Not to do anything to make void or voidable any policy of insurance.
(d) Not to cause a nuisance to neighbours.
(e) To allow Us, our servant or agents reasonable access. Although We have no desire to disturb your holiday, we do reserve the right to enter the property during your stay should the need arise but will endeavour to do so with prior notice to you or while you are present.
(f) To leave the accommodation in such a state and condition that it is suitable for occupation for another hirer. In the unlikely event of the property not being left to the required standard the Hirer will be notified in writing and the cost of extra cleaning / rectification / repair be due within seven days from the Hirer. The word of the owner/or their representative will be final in this respect.
(g) Not to part with possessions of the Property, or share it, except with members of the party shown on the booking form.
(h) Not to exceed the total number of people it sleeps as detailed in the property description and as confirmed on the Booking Confirmation. A cot may only be occupied by a child aged 24 months or less.
(i) Not to leave any child or children (under the age of 16) unsupervised in the property for any length of time. If you require babysitting services, please contact Us in good time and we will help arrange it for you. Note that this would be a direct contract agreed between you and any babysitter with no liability or responsibility entertained by Us.
(j) Not to bring pets (of any type) into the Property
(k) To remain responsible for all members of Your Party, ensuring they are all aware of these booking conditions which apply to them in all respects. In particular, you must be with your Party at the Property during the full rental period.
If these conditions are not met, the Owners may refuse, at any time, right of entry to the Property and no monies will be refunded.
Should the booking conditions not be met, the Hirer agrees to pay any additional charges incurred and the Owners or their agents reserve the right to re-enter the property and terminate the tenancy with immediate effect.
WiFi is supplied in Vivian House for the use of you and your Party. You agree to comply with all current legislation regarding the use of WiFi and the internet. The Owners accept no liability for the loss or damage to your or your Party’s possessions or data nor for unavailability of the WiFi or internet connection. You also agree not to pass any access passwords on to any person outside your immediate Party.
As the Property is in central St Ives, access is strictly controlled, especially in the peak Summer months. You may drive up to the front of the property to load/unload but may not wait there before moving on to the car park. We are not responsible for any parking fines which you may incur by stopping for too long outside the Property.
One secure parking space is now available and will always be offered first to guests staying in the Apartment. (£7.50 per night or £47 per week) The gated carpark is located 3 minutes away and visitors will be given the keycard upon arrival when they unload. The keycard must be always returned at the same time as the accommodation keys other wise further charges will be incurred.
We can arrange for you a Cornwall Council Rover parking ticket, which for £47 (current price) offers parking in most long-term car parks in Cornwall (note that this should be requested in advance and the cost will be added to the rental payment due – or if made after all rental fees have been paid, to be remitted in cash on arrival). See relevant pages (links on this website) for more information from the local council about current parking regulations.
Bicycles may be brought into the courtyard in front of the Property but should be locked securely. We have no liability for any loss of your personal items, including bicycles, during your stay at Vivian House.
15. Complaints Procedure
We will take every care to make sure you enjoy your holiday at Vivian House.
If you have any cause for complaint during your stay, please contact Us as soon as possible and We will undertake best efforts to resolve it to your satisfaction.
Please do not wait until the end of your holiday to contact us with any problem as We wish to be able to view try to fix things for You. As a result, no complaint will be entertained at the end of the holiday or after you and your Party has returned home.
Of course, reports, appreciative comments or constructive suggestions for improvement will always be gladly received.
In matters of equipment going wrong, it should please be realised that although frequently checked, items not reported by departing occupants may escape attention. In cases of failure or malfunction of domestic appliances or equipment, furniture, fittings, drainage, electricity/gas/water/fuel supplies, telephone and including loss of colour or picture quality of TV receivers, the Owners will use their best endeavours to have all such faults and failures corrected as soon as possible after the same shall have been reported to them.
However, in the case of items requiring expert attention the Owners’ liability shall be limited to the passing of the request for service to their usual suppliers or repairers. No responsibility can be accepted for any subsequent delay on the part of such suppliers or repairers for any loss of frozen food due to failure or inadequacy of the refrigerator, which may or may not be of a type having a special or separate storage compartment.