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Clowance Lodges represents individual timeshare owners on the Clowance Estate and Country Club, Cornwall.

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Terms & conditions of Your Booking with Clowance Lodges

 

In these Booking Conditions, "we", "us", "our" and "Clowance Lodges" means Ian Feber, acting for and on behalf of individual timeshare owners.
Clowance Lodges arranges bookings of properties as agent of the owners (the "Owner") of such properties. When you book a property through Clowance Lodges you enter into a contract with the Owner of that property.


Clowance Lodges is responsible for the administration of your booking, but does so solely on behalf of and as agent for the Owner. References to "you" and "your" mean the person making the booking (the "party leader") and all members of the holiday rental party (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with the Owner. They also deal with Clowance Lodges' position. Nothing in these Booking Conditions affects your normal statutory rights.


1. Your booking

All bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. By making a booking, the party leader confirms that he/she is authorised to make the booking and that all party members agree to these Booking Conditions.
The party leader is responsible for making all payments due to Clowance Lodges. Your booking is made as a private individual and you agree that no liability can be accepted by the Owner or Clowance Lodges for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When Clowance Lodges issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions.


The Owner has the right to refuse any booking prior to the issue of your written confirmation, and if they do this, Clowance Lodges will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, please tell us immediately.

2. Paying for your property
When you book your property, unless otherwise advised you must pay the amount then due by bank transfer, or paypal, or using a credit or debit card through paypal. In all cases your payment is made to "Ian Feber". Providing the booking is confirmed, Clowance Lodges will send you written confirmation as soon as reasonably possible. This will show your booking details and your total holiday cost. The balance must be received by Clowance Lodges within 7 days of your booking. 


If you do not pay in full by the appropriate date, Clowance Lodges on behalf of the Owner is entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep any deposit or any other money paid. Clowance Lodges will send out a reminder to you before your booking is cancelled.

3. Cancellations or changes to your booking by the Owner or Clowance Lodges
We don't anticipate making any changes to your booking. But occasionally, problems occur and bookings have to be changed or cancelled. If this does happen, we will contact the party leader as soon as is reasonably practical, to explain what has happened, and inform you of the cancellation or change.


If a significant change has to be made (and you are not prepared to accept the change), or your booking has to be cancelled, we will, if possible, try to offer you an alternative property. If you do not wish to accept a significant change, or any alternative property offered - or if Clowance Lodges cannot offer you a suitable alternative - you will be entitled to cancel your booking and receive a full refund.


These options are not available if we cancel your booking because you have failed to comply with any requirement which entitles Clowance Lodges or the Owner to cancel (such as not paying on time).

4. Circumstances beyond our control (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, the Owner and Clowance Lodges shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you, or for any failure by either of us to perform or properly or promptly perform any of our respective obligations to you, if this is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner or Clowance Lodges (referred to as "force majeure" in these Conditions). For example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner or Clowance Lodges) and all similar situations.


No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable by us in such circumstances. We suggest you obtain suitable travel insurance to cover any money you may lose if you suffer force majeure.

5. Property details
Clowance Lodges aims to ensure that the information provided by Owners is accurately conveyed on our website or other material we produce and circulate. But as Clowance Lodges acts only agent for the Owner, we cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services.


Whilst every effort is made to ensure accuracy, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with Clowance Lodges at the time of booking.


There may be small differences between the actual property and its description, as Seasons Holidays (who manage the properties on the Clowance Estate) are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or are subject to restriction. If this happens, we will tell the party leader as soon as reasonably practical after we become aware of the situation.
Neither the Owner nor Clowance Lodges can accept responsibility for any changes or closures to area amenities or attractions mentioned on the website, by the Clowance Estate's holiday advisers or advertised elsewhere.

6. Liability
The Owner and Clowance Lodges shall have no liability for any death or personal injury unless, in the case of the Owner, it results from the Owner's negligence.

You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or Clowance Lodges in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner. As Clowance Lodges acts only as agent for the Owner, Clowance Lodges cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Clowance Lodges cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owner. Please also refer to Section 4 (Force Majeure) above.

7. If you change or cancel your booking
(i) Changes
If you want to change your booking once your confirmation has been issued we will endeavour to assist, but please bear in mind that changes cannot be guaranteed. However, it is important to realise that any change of property or dates will have to be treated as the cancellation of one booking and the making of another. Because of this, cancellation charges may be incurred which may be as much as the total cost of your booking. We will advise the party leader if this is the case when the change is requested. As party leader, you must then inform Clowance Lodges as soon as reasonably possible whether you still wish to change your booking. If you tell us that you do - or if you fail to contact us as soon as reasonably possible - your booking will be treated as having been cancelled by you.


To keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by email. You are required to do the same.


(ii) Cancellations
If you have to, or wish to, cancel your booking, the party leader must email Clowance Lodges as soon as possible. You must also immediately confirm the cancellation in writing, sent by recorded delivery to the address shown on the booking form. The day Clowance Lodges receives your email notification of cancellation is the date on which your booking is cancelled.


If you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you will NOT receive a refund. If you have not paid your total holiday cost, you may still be required to make the further payment if we are unable to re-let or re-arrange your week. We suggest you make sure suitable travel insurance arrangements are in place to cover any money you may lose if you have to cancel your booking.

8. Your property
You can arrive at your property at any time after 4.00pm on the start date of your holiday rental. You must leave by 10.00am on the last day. If your arrival will be delayed beyond 8.00pm on the start date of your rental, you must contact the Clowance Estate Reception so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise Reception, your booking may be treated as having been cancelled by you. No refund of any money paid by you will be made in this situation.

 
By taking possession of the keys, you agree to pay direct to Clowance all additional charges such as metered electricity, internet use or telephone calls, bar or restaurant bills, or fees for golf or beauty treatments, incurred by you or your party during your stay.


You and all members of your party agree both to keep the property clean and tidy, to follow all instructions provided, and to leave the property in a similar condition as you found it upon your arrival. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by Clowance Lodges 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 additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
 

The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you. You also must not allow more people than the booking form states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property, nor can you take any pet into the property. 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 so, this will be treated as a cancellation by you. In these situations no refund of any money you have paid will be made and neither the Owner nor Clowance Lodges will have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the property, such as the cost of securing an alternative property/ accommodation or the payment of any compensation to you). The Owner or Clowance Lodges will also not be obliged to find any alternative accommodation for you.
 

You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).

9. Communicating With You
In order to process your booking, Clowance Lodges needs to collect certain personal details from you. But rest assured, Clowance Lodges will never give, sell or provide your name and contact details to any other individuals, companies and organisations, for any purpose other than to arrange and provide your holiday booking.
 

Clowance Lodges would like to store and use your personal details in order to send you emails about special offers, future availability etc. Please tell us if you do not want to be contacted in this way.

10. Law
The contract between you and the Owner is subject to English law and no other, and is formed in Leeds, England. It is agreed that any dispute you may have with the Owner or Clowance Lodges will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of Scotland or Northern Ireland respectively.

11. Your rights
Your statutory rights are not affected by anything contained within these Booking Conditions.

 

 
 
 

Site by Clowance Lodges 2013, representing individual lodge owners on the Clowance Estate and Country Club