Niche
Retreats Limited is a company registered in England and Wales
under company registration number 5657172, and whose registered
office is situated at Gilly Barn, Gwennap, Redruth, Cornwall,
TR16 6BN (“Niche Retreats”). Our VAT registration
number is 883322125.
1 Our Status
Niche Retreats does not hold any proprietary interest in the properties
but merely acts as agent for the owners of the property (the “Owner”).
The letting arrangements are made by Niche Retreats on behalf
of the Owner and the contractual relationship in connection with
the lettings is between the Owner and you.
2 Reservation
2.1 You can make a reservation either by post, through our website
(www.nicheretreats.co.uk), or over the telephone.
2.2 Your reservation is complete once you have received confirmation
from Niche Retreats in writing (the “Confirmation of Booking”),
and following Niche Retreats’ receipt of your 30% deposit
in cleared funds (see Deposit below).
2.3 We shall hold your provisional reservation for 7 days. If
we have not received your completed and signed booking form with
the deposit within 7 days, we reserve the right to cancel the
booking.
2.4 Unfortunately, Niche Retreats cannot accept any reservations
made for groups of people under the age of 25 years old.
2.5 Niche Retreats cannot accept responsibility for the non-availability
of the property for reasons beyond the control of Niche Retreats
and the Owner. If necessary, you will receive a full refund and
Niche Retreats may cancel the booking. Where possible, Niche Retreats
will endeavour to provide at least four weeks’ notice in
such circumstances.
3 Deposit
3.1 A non-refundable deposit of 30% of the full tariff is payable
at the time of booking (the “Deposit”). The balance
of the tariff must be paid at least six weeks before the start
date. If your holiday begins less than six weeks from the time
of booking, the full tariff is payable on booking.
3.2 A refundable damage deposit of up to £200 per property
shall be payable (the “Refundable Damage Deposit”).
The Refundable Damage Deposit shall be held until the end of the
letting when it will be refunded to you, subject to deductions
for any damage to the property caused during the letting. Please
note that if you are staying at The Vean
the Refundable Damage Deposit will be the sum of £500.
3.3 In addition, a deposit of up to £100 per pet (the “Pet
Deposit”) may be payable if you wish to have a pet stay
at the property (where pets are accepted). This Pet Deposit shall
also be refunded to you in full at the end of the letting, subject
to any deductions for additional cleaning required due to the
presence of the pet(s).
4 Confirmation of booking
4.1 The Deposit shall be treated as part payment of the total
sum due for the holiday. All charges (including the amount of
the Deposit) are shown on the Confirmation of Booking. Once a
Confirmation of Booking has been issued, you are responsible for
the total advertised price of the retreat as shown on the Confirmation
of Booking.
4.2 We strongly recommend holiday cancellation insurance as once
a Confirmation of Booking has been issued, the total sum is payable.
Any such insurance should cover you for pre-booked UK self-catering
holidays.
4.3 However, if you do wish to change your booking, Niche Retreats
shall use reasonable endeavours to facilitate this (subject to
availability). An administration fee of £15 may be payable
at the sole discretion of Niche Retreats.
5 Cancellation
5.1 If you cancel the reservation giving at least six weeks’
notice, you will forfeit the Deposit only.
5.2 In the event of cancellation less than six weeks before a
holiday begins, and Niche Retreats is unable to re-let the property
for that period, the whole tariff is payable.
5.3 If you cancel the reservation giving less than six weeks’
notice, but Niche Retreats is able to re-let the property, you
will be liable to forfeit the Deposit and to pay the difference
between the full tariff quoted to you in the Confirmation of Booking,
and the price at which the property has been successfully re-let.
5.4 Where a reservation is cancelled, an administration fee of
£15 may be payable at the sole discretion of Niche Retreats.
5.5 Failure to pay the full tariff quoted in the Confirmation
of Booking at least six weeks before the commencement date of
the letting shall be treated as a cancellation and will be subject
to the above.
6 Arrival and Departure
6.1 All holidays start and finish on a Friday or Saturday.
6.2 Lettings commence at 4:00pm on the day of arrival and terminate
at 10:00am on the day of departure (unless otherwise notified
in writing by Niche Retreats).
6.3 The maximum letting period is 28 days.
7 Short Breaks and Small Parties
Please contact Niche Retreats to discuss availability for short
breaks. 3 nights minimum, from 75% of weekly tariff. Reduced tariffs
for smaller parties are also negotiable.
8 Your Obligations
8.1 You (and all other members of your party) agree to the following
conditions:
(a) To pay for any losses or damages to the property from the
Refundable Damage Deposit, and any additional charges where necessary.
(b) To take good care of the property and leave it in a clean
and tidy condition at departure to the reasonable satisfaction
of Niche Retreats.
(c) To permit representatives of Niche Retreats and/or the Owner
reasonable access to the property. Please note that if you are
staying at The Vean you will be staying in a working estate and
staff on the estate will have access to the laundry at basement
level.
(d) Not to part with possession of the property, or share it,
except with members of the party listed on the booking form.
(e) Not to exceed the total number of people stipulated in the
property description.
(f) Guests are required to adhere to the Niche pet policy as stated
on the policy letter sent at the time of booking.
(g) Where telephone or internet access is available at the property,
to pay for all charges incurred.
(h) To vacate the property by 10:00am on the day of departure
(unless otherwise agreed in writing).
(i) To ensure that all kitchen equipment (including, but not limited
to, crockery, cutlery and utensils) are washed and put away in
the cupboards provided.
(j) Not to sell or transfer the reservation.
(k) Not to allow cots to be used by children over the age of 24
months.
(l) To respect any neighbours of the property.
(m) Not to smoke.
(o) Guests are required to adhere to the terms and conditions
or policies of the Owner as sent at the time of booking.
8.2 Where any of these obligations are breached and additional
cleaning is required, a deduction will be made from the Refundable
Damage Deposit, and any additional charges
not covered by the Refundable Damage Deposit will also be charged
to you if necessary.
9 Price changes
9.1 Niche Retreats has made all reasonable efforts to accurately
describe the property in the information that we publish.
9.2 Niche Retreats cannot accept responsibility for errors contained
in the information or any mis-description as a result of inaccurate
information given to it by the Owner.
9.3 You acknowledge that minor differences may arise between the
information given and the actual property itself.
9.4 Niche Retreats reserves the right to amend prices quoted in
published information due to errors or omissions or changes in
the VAT rate but such changes shall be notified to you as soon
as possible.
9.5 You shall be at liberty to cancel the booking 12 weeks prior
to the holiday start date if the amended price is significantly
higher than the original price quoted.
9.6 Subject to condition 9.4, any changes in the rate of VAT payable
on the letting will be borne by you.
10 Method of Payment
10.1 Payments may be made by cheque (drawn from a UK bank only),
credit card, bank transfer or cash (in the case of last minute
bookings only).
10.2 Cheques or postal orders should be made payable to Niche
Retreats Limited and cash should always be sent by recorded delivery.
10.3 Post-dated or undated cheques are not acceptable.
10.4 All payments must be sent to Niche Retreats Limited, Gilly
Barn, Gwennap, Redruth, Cornwall, TR16 6BN.
10.5 Any charges raised against Niche Retreats by their bank for
handling dishonoured cheques, bank transfers or any other payments
will be passed on to you and you are liable to reimburse Niche
Retreats within seven days of receipt of notification from Niche
Retreats.
10.6 Overseas applicants may pay by Sterling cheque drawn on a
UK bank or by telegraphic transfer to Niche Retreats’ own
bank (details available on request). Any charges for payments
from overseas will be passed on to you.
11 The Holiday Letting
11.1 The letting confers upon you the right only to occupy for
a holiday within the meaning of Schedule 1, Paragraph 9 of the
Housing Act 1988.
11.2 The letting does not confer upon you a shorthold tenancy.
12 Published Information
Some of the information published by Niche Retreats relates to
matters beyond the properties such as shops and public houses.
Changes to external facilities are outside Niche Retreats’
control. If Niche Retreats is aware of any changes to the information
at the time of your booking, then it shall endeavour to inform
you of these changes.
13 Linen
Towels and bed linen are provided at no extra charge. Please do
not wash them.
14 Liability
14.1 Subject to condition 14.3, Niche Retreats cannot accept liability
for any act, neglect or default on Niche Retreat’s part
or the part of the Owner or any other person not within their
employ or otherwise under their control, nor for any accident,
loss, damage, costs, injury, expense or any other inconvenience
or claim for compensation whatsoever, whether to person or property
and whether caused by Niche Retreats, its employees or agents
or otherwise, which you or any other person may suffer or incur
arising out of, or in any way connected with the holiday letting.
In addition, the Owner and Niche Retreats accept no liability
for loss of or damage to your possessions on the Owners’
property or land.
14.2 We accept no liability for any loss of income or revenue,
loss of business, loss of profits or contracts, loss of anticipated
savings or for any indirect or consequential loss or damage of
any kind however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable.
14.3 Nothing in these conditions excludes or limits the liability
of Niche Retreats or the Owner:
(a) for death or personal injury caused by Niche Retreats’
or the Owner’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Niche Retreats
or the Owner to exclude or attempt to exclude their liability;
or
(d) for fraud or fraudulent misrepresentation.
14.4 In all cases, except for personal injury or death, our liability
to you for the total of all claims arising out of the letting
is limited to the cost of the booking fees less any insurance
or cancellation charges.
15 Breach of Contract
15.1 If there shall be a material breach of any of these conditions
by you, the Owner or Niche Retreats reserve the right to re-enter
the property and terminate the letting.
15.2 If there shall be a material breach of any of these conditions
by Niche Retreats or the Owner, then you have the right to terminate
the letting.
15.3 In the event that Niche Retreats is unable to find someone
else to occupy the property for the remainder of your stay, no
refund of any sums you have paid will be returnable to you.
15.4 Termination of the letting pursuant to condition 15.1 and
15.2 does not affect that party’s other rights and remedies.
16 Complaints
16.1 Niche Retreats tries to take every care to prepare the properties
to a standard whereby you will enjoy your holiday. If a problem
or cause for complaint does arise, please contact Niche Retreats
immediately. Every effort will then be made to assist you. It
is frustrating for all parties if you write after your holiday
to inform Niche Retreats of a problem that could have been solved
had Niche Retreats known at the time. Please note that if you
are staying at The Vean please contact the local manager in the
first instance (details will be provided to you with the Confirmation
of Booking).
16.2 If Niche Retreats or the Owners were denied the opportunity
of investigating the complaint within a reasonable time or denied
the opportunity to put matters right during the letting, then
this may result in a reduction of any compensation payable to
you arising out of such a complaint.
17 Data and Privacy
17.1 In making a reservation we will ask for personal information
such as your name, postal address, email address, telephone number
and payment details. We may use the data to inform you about news
and information we think may be of interest to you. From time
to time we may use other companies and individuals for the purposes
of administration. Contractors will not be allowed to use your
personal information for any other purpose than that which Niche
Retreats may have instructed. Your identity will also be made
available to the Owner. By booking with us you are deemed to have
consented to use of personal information for these purposes. 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 info@nicheretreats.co.uk.
17.2 Niche Retreats is committed to protecting your privacy. We
will only use the information that we collect about you lawfully,
in accordance with the Data Protection Act 1998.
18 Validity Condition
If any term or provision in these booking conditions is found
by any court, tribunal or administrative body of competent jurisdiction
to be wholly or partly illegal, invalid, void, voidable, unenforceable
or unreasonable it shall to the extent of such illegality, invalidity,
voidness or unreasonableness be deemed severable and the remaining
provisions of the booking conditions and the remainder of such
provision shall continue in full force and effect.
19 Governing Law
The contract embodied in the booking is governed by English law,
and subject to the exclusive jurisdiction of the English courts.
All correspondence to:-
Mrs Jacqueline Kitchen, Niche Retreats, Gilly Barn, Gwennap, Redruth,
Cornwall TRI6 6BN. Telephone: 01209 861745. (International: +44
1209 861745).
Fax: 01209 861746. (International: +44 1209 861746).
E-mail: info@nicheretreats.co.uk. www.nicheretreats.co.uk
