House Rules
These rules apply to all bookings made via the www.porthholidays.com website or through third party bookings sites like airbnb. They are in addition to our booking terms and conditions along with any rules set by the property owner.
Arrival and departure
Unless otherwise stated all of the properties managed by Porth Holidays will have a check in time of 4pm and a check out time of 10am, please insure all windows and doors are locked, lights are off and keys returned to key safe.
Keys and permits
Located at the property in a key safe ,details of codes and its exact location will be emailed to you after full payment received at least one week prior to check in date. Parking permits must be returned and left at the property after check out, a fee of £40 will apply for lost keys and specific costs apply for lost parking permits, this will be taken from your damage deposit.
Dogs
If your property accepts pets depending on the property, there may be an additional cost per dog of £25, this covers the extra housekeeping plus wear and tear costs.The guest may still be liable to pay for extra damages caused by pets, this will be taken from your damage deposit.
House facilities and equipment
Each property is equipped with everything you need for a comfortable stay , this includes bedding, towels, crockery, glasses and furnishings, we ask that you keep leave them clean and in good condition as you are responsible fo r the cost of repair or replacement of these items.
Waste and recycling
We kindly ask you to put household waste in appropriate bins on the correct days , details of these will be in your guest folder.
Wifi
Most of our properties come with unlimited wifi access, if not it will be noted in the property description.We cannot guarantee unrestricted or uninterrupted internet use, however please get in touch with the office if you are experiencing any problems as soon as possible.
Hot tubs and log fire
Rules of use and ‘how to use’ guides are found in the guest folder please insure you read them fully before using either of these facilities.
Welcome hampers
Porth holidays provide a welcome hampers for guests and their pets for owners who are signed up to our plus + package, these contain dairy, gluten and may contain traces of nuts, please inform us of any food allergies and we will replace or remove food items.
General rules
No extra guests are allowed to stay overnight at the property
No smoking, e-cigarettes, vapes or illegal drug use is permitted in the property or its grounds
Candles and fireworks are strictly forbidden in the property or its grounds
No parties or excessive noise , please respects the neighbours
No pets or children allowed to stay in the property alone
Please keep all windows and doors locked when out of the property
If the property has parking please only park in allocated spot
Please leave the property clean and tidy, extra housekeeping charges may apply at £25 per hour
Everyone at Porth Holidays and our property owners thank you for co-operating with these house rules and we hope you have an amazing time enjoying Cornwall!
Arrival and departure
Unless otherwise stated all of the properties managed by Porth Holidays will have a check in time of 4pm and a check out time of 10am, please insure all windows and doors are locked, lights are off and keys returned to key safe.
Keys and permits
Located at the property in a key safe ,details of codes and its exact location will be emailed to you after full payment received at least one week prior to check in date. Parking permits must be returned and left at the property after check out, a fee of £40 will apply for lost keys and specific costs apply for lost parking permits, this will be taken from your damage deposit.
Dogs
If your property accepts pets depending on the property, there may be an additional cost per dog of £25, this covers the extra housekeeping plus wear and tear costs.The guest may still be liable to pay for extra damages caused by pets, this will be taken from your damage deposit.
House facilities and equipment
Each property is equipped with everything you need for a comfortable stay , this includes bedding, towels, crockery, glasses and furnishings, we ask that you keep leave them clean and in good condition as you are responsible fo r the cost of repair or replacement of these items.
Waste and recycling
We kindly ask you to put household waste in appropriate bins on the correct days , details of these will be in your guest folder.
Wifi
Most of our properties come with unlimited wifi access, if not it will be noted in the property description.We cannot guarantee unrestricted or uninterrupted internet use, however please get in touch with the office if you are experiencing any problems as soon as possible.
Hot tubs and log fire
Rules of use and ‘how to use’ guides are found in the guest folder please insure you read them fully before using either of these facilities.
Welcome hampers
Porth holidays provide a welcome hampers for guests and their pets for owners who are signed up to our plus + package, these contain dairy, gluten and may contain traces of nuts, please inform us of any food allergies and we will replace or remove food items.
General rules
No extra guests are allowed to stay overnight at the property
No smoking, e-cigarettes, vapes or illegal drug use is permitted in the property or its grounds
Candles and fireworks are strictly forbidden in the property or its grounds
No parties or excessive noise , please respects the neighbours
No pets or children allowed to stay in the property alone
Please keep all windows and doors locked when out of the property
If the property has parking please only park in allocated spot
Please leave the property clean and tidy, extra housekeeping charges may apply at £25 per hour
Everyone at Porth Holidays and our property owners thank you for co-operating with these house rules and we hope you have an amazing time enjoying Cornwall!
FAQ'S
Q: What time can i arrive and leave?
A: check in anytime after 4pm / check out before 10am.
Q: Where are the house keys?
A: Property keys are located in a lockbox at the property, information on codes and location will be emailed through to you after full invoice balance has been received.
Q: Can i bring my dog?
A: To see if your can bring your furry friends along check the property description. (extra charges may apply of £25 per dog depending on property, details in property description)
Q: Is there parking?
A: Please check the property description to see if there is designated parking place or permit/on street parking is available.
Q: Is there wifi?
A: Most of our properties do have free wifi available ,Please check the property description.
Q: Do you provide holiday insurance?
A: We recommend you take out your own insurance policies to cover things like, cancellations, lost or damaged property or any additional cover you may need.
Q: What is included with the property?
A: Properties are equipped with everything you will need for a comfortable stay , this includes bedroom linen and bathroom towels ,you just have to bring your beach and doggy towels. Our fully managed properties come with luxury bed linen and complimentary hampers for guests and one for your furry friends to! (dietary needs catered for)
Q: What if theres an emergency
A: Is there is a fire or medical emergency please contact 999 . If the property has emergency such as a plumbing leak, no power or heating, please contact the office on the details above 24/7. please note having no wifi is not an emergency ,please contact the office during office hours for minor problems.
Q: Can we extend our stay?
A: Yes absolutely! please contact the office on the above details so we can make sure the extra dates you would like to stay for our free in the properties calendar and to take full payment for selected dates.
Q: How do i cancel my holiday?
A: Contact the office on the above details as soon as possible as fees may apply, check our booking T’s & C’s.
Q: How do i pay for my holiday?
A: After initial deposit and booking fees are paid ,full payment is required within 6 weeks of arrival date.You can pay using the online guest area log in , details will be sent to you when initial booking is taken.
Q: Can i smoke at the property?
A: No, the use of cigarettes, e-cigarettes, vapes or any form of smoking is not allowed in the property or its grounds.
A: check in anytime after 4pm / check out before 10am.
Q: Where are the house keys?
A: Property keys are located in a lockbox at the property, information on codes and location will be emailed through to you after full invoice balance has been received.
Q: Can i bring my dog?
A: To see if your can bring your furry friends along check the property description. (extra charges may apply of £25 per dog depending on property, details in property description)
Q: Is there parking?
A: Please check the property description to see if there is designated parking place or permit/on street parking is available.
Q: Is there wifi?
A: Most of our properties do have free wifi available ,Please check the property description.
Q: Do you provide holiday insurance?
A: We recommend you take out your own insurance policies to cover things like, cancellations, lost or damaged property or any additional cover you may need.
Q: What is included with the property?
A: Properties are equipped with everything you will need for a comfortable stay , this includes bedroom linen and bathroom towels ,you just have to bring your beach and doggy towels. Our fully managed properties come with luxury bed linen and complimentary hampers for guests and one for your furry friends to! (dietary needs catered for)
Q: What if theres an emergency
A: Is there is a fire or medical emergency please contact 999 . If the property has emergency such as a plumbing leak, no power or heating, please contact the office on the details above 24/7. please note having no wifi is not an emergency ,please contact the office during office hours for minor problems.
Q: Can we extend our stay?
A: Yes absolutely! please contact the office on the above details so we can make sure the extra dates you would like to stay for our free in the properties calendar and to take full payment for selected dates.
Q: How do i cancel my holiday?
A: Contact the office on the above details as soon as possible as fees may apply, check our booking T’s & C’s.
Q: How do i pay for my holiday?
A: After initial deposit and booking fees are paid ,full payment is required within 6 weeks of arrival date.You can pay using the online guest area log in , details will be sent to you when initial booking is taken.
Q: Can i smoke at the property?
A: No, the use of cigarettes, e-cigarettes, vapes or any form of smoking is not allowed in the property or its grounds.
Bookings Terms For Guests
TABLE OF CONTENTS
1...... INTERPRETATION.................................................................................................. 1
2...... CONTRACT AND BOOKING.................................................................................... 2
3...... GUEST FEES........................................................................................................... 3
4...... CHECK-INS............................................................................................................. 4
5...... THE PROPERTY...................................................................................................... 5
6...... CANCELLATIONS AND CHARGES........................................................................... 5
7...... DEPARTURE........................................................................................................... 7
8...... DAMAGES AND LOSS............................................................................................. 7
9...... DATA PROTECTION................................................................................................ 8
10.... LIMITATION OF LIABILITY...................................................................................... 8
11.... COMPLAINTS......................................................................................................... 9
12.... GENERAL............................................................................................................... 9
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Agent means Porth Holidays Ltd registered in England and Wales with company number 13037968 and whose registered office is at Wheal Harmony House, Solomon Road, Redruth, England, TR15 1FD. The agent’s principal place of business is Unit 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL. The Agent is also referred to throughout this Agreement using ‘we’, ‘us’ and ‘our’.
Agreement means the agreement between Porth Holidays Ltd and the Consumer for occupancy of the Property for the Holiday Period.
Balance Payment means the value of the Booking less the Booking Deposit, representing seventy-five percent (75%) of the value of the Booking.
Booking Deposit means the value of the Booking less the Balance Payment representing twenty-five percent (25%) of the Booking Fee payable in advance as set out in the Booking Notice.
Booking Fee is an additional fee payable by Guests when making a Booking.
Booking Form means the form required to be completed by you to check availability of the Property for the chosen Holiday Period.
Booking means the booking with Porth Holidays Ltd for occupancy of the Property for the Holiday Period.
Booking Notice means the notice sent to Guests upon receipt of the Booking Form and Booking Deposit (and Booking Fee) to confirm the Booking as a legally binding Agreement.
Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Cancellation Period is as defined in clause 6.3.
Conditions means these terms and conditions as amended from time to time in accordance with clause 12.4.
Damage Deposit means a one-off premium paid to protect against damage or loss suffered to the Property which has been caused by any Guest during a Holiday Period. More information on Damage Deposits can be found in clause 3.1.
Departure Date means the date on which the Holiday Period is to come to an end, as specified in the Booking Notice.
Guest means the individual(s) who have made a Booking and paid all necessary Booking Fees to occupy the Property for the Holiday Period, referred to using ‘you’ and ‘your’ throughout this Agreement.
Holiday Period means the time during which the Booking is to take place.
Homeowner means the owner of the Property as principal of the Agent, to whom the Agent has contracted with to licence the Property to Guests.
Parties shall refer to the Guest and the Agent, or as otherwise mentioned throughout these terms.
Property means the property detailed in the Booking Notice which the Guests will occupy under a licence for the Holiday Period.
Property Specific Terms means any other terms supplied to you in the Booking Notice which detail additional terms for your use and occupancy of a specific Property, which shall be incorporated into these terms.
Services means the services that the Agent provides, including but not limited to marketing and Booking management services.
1.2 Interpretation:
(a) Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. CONTRACT AND BOOKING
2.1 The Homeowner has appointed and authorised us to act as their Agent in relation to the Services throughout the duration of our engagement with you.
2.2 This Agreement is made on the basis that the Property is to be occupied by the Guests for purposes of a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9) and the Guests acknowledge that the tenancy granted by this Agreement is not a lease or an assured shorthold tenancy and that no statutory periodic tenancy will arise when it ends, nor will any tenancy be created, or anything else to give rise to any landlord and tenant relationship under the Landlord and Tenant Act 1954, or any other legislation conveying rights to tenants, squatters, or anything other than a licensee.
2.3 All Bookings are subject to availability and these Terms, and must be received via a completed online Booking Form. Upon receipt of the completed Booking Form and Booking Deposit, we will send you an invoice via email and Booking Notice confirming all the Booking details, including your unique Booking reference number and, where applicable, any details regarding the Balance Payment. Once the Booking Notice is sent, a legally valid and enforceable Agreement will exist between Porth Holidays (acting on behalf of the Homeowner) and you.
2.4 Where you are more than one person, all of the obligations and liabilities of those persons shall be joint and several. Each Guest must read the description of the Property on our website carefully and ensure that they agree with and understand these Terms and all other terms that may apply to them (including Property Specific Terms, our website terms and our privacy policy https://www.porthholidays.com/terms--conditions.html
2.5 You must be over the age of 18 to make a Booking on our site.
2.6 Upon receiving a Booking Notice, it is your responsibility to carefully check over the details of the Booking Notice and notify us within 7 days of any errors. If your Booking is scheduled to begin within two weeks of the Booking Notice sent to you, you must notify us of any errors immediately.
2.7 You can contact us using the details provided below. Please also use these details to contact us in case of any emergencies which require our immediate attention:
Email: [email protected]
Telephone: 01736396339
Website: www.porthholidays.com
2.8 Once a Booking is confirmed, it is not subject to change. If you choose to cancel, see clause 6 for details of the terms that apply. Whilst we will be under no obligation to do so, we may, in certain circumstances and with the agreement of the Homeowner, comply with your request to make minor adjustments to any Bookings. In these circumstances, we will charge an administration fee of £25 to make the necessary changes.
2.9 You are responsible for ensuring that the Property and the surrounding area accommodates any specific needs or requirements you may have, and that you have notified us within a reasonable time prior to the start day of the Holiday Period of any specific requirements you may have.
2.10 Access to the Property is subject to any other Property Specific Terms that have been supplied to you upon Booking. You should consider Property Specific Terms as incorporated into these Terms, and any breach of Property Specific Terms will be considered a breach that entitles us or the Homeowner to cancel the Agreement. In the case of conflict between these Terms and any Property Specific Terms regarding your use of the Property, the Property Specific Terms will prevail.
3. GUEST FEES
3.1 The fees that are payable by you before and throughout your Booking include:
(a) A refundable Damage Deposit. All Bookings are accepted on the condition that the Property will be left clean and tidy, and that any damage to the Property will be paid for by the Guest who made the Booking. Any Bookings are therefore subject to a Damage Deposit, which vary between Properties and will be shown in a Booking Form or elsewhere prior to the Booking Notice. We reserve the right to withhold this deposit should any damage to the Property be sustained during your stay – whether that was during the Holiday Period or occurred after as a direct result of any action taken by you during the Holiday Period. This Damage Deposit will also be kept in the event that you breach any of your obligations under these Terms.
(b) A Booking Deposit. A Booking Deposit of 25% of the cost of the Booking must accompany the Booking Form. The Booking Deposit is non-refundable unless we are unable to accept the Booking.
(c) A Booking Fee. A Booking Fee of £35 should also accompany the Booking Form. The Booking Fee is non-refundable unless we are unable to accept the Booking.
(d) The Balance Payment. Where the Booking is made six weeks or more prior to the first day of the Holiday Period, and you have paid the Booking Deposit, Damage Deposit and Booking Fee, we shall be entitled to charge you the remaining Balance Payment due constituting the remaining 75% of the value of the Booking. This payment will become due and payable no later than six weeks prior to the first day of the Holiday Period.
3.2 If you chose to make payments separately up until the six week period before the Holiday Period when all payments are due, we shall be under no obligation to remind you to make any necessary payments. Failure to make any payments in accordance with these Terms will result in the loss of your entire Booking and the Booking Deposit will be forfeited immediately. Please see clause 6 for full charges in relation to cancellations.
4. CHECK-INS
4.1 You will be permitted to check-in to the Property from 4pm on the first day of your Holiday Period. We do not offer any premium for early check-ins.
4.2 We will provide information to you regarding local amenities and activities in a welcome folder upon your arrival.
4.3 We also provide welcome hamper services which contain coffee, tea, fresh milk (an alternative will be provided upon request) and a selection of Cornish produce, including biscuits, cookies, and jams etc. Please note that any welcome packs may contain dairy, gluten and traces of nuts. If you have allergies, please inform us at least 72 hours before the first day of your Holiday Period, using our contact details provided in clause 2.7. We will endeavour to remove any such items that you tell us you or another Guest are allergic to, but this does not excuse any Guest from their responsibility to check product labels and ensure any food provided is safe to consume.
4.4 Please note that, upon arrival, you will be subject to the following rules:
(a) Smoking, vaping, e-cigarettes and any illegal drug use is prohibited inside the Property or anywhere on its grounds;
(b) You must not allow any individuals who are not Guests to stay overnight in the Property or on the grounds of the Property;
(c) You must not bring any pets into the Property or anywhere on its grounds if they have not been previously authorised in writing by the Homeowner;
(d) You must be respectful to neighbouring properties at all times and not make excessive noise, whether through hosting parties or otherwise;
(e) You must permit access to the Property for us and the Homeowners at all reasonable times for inspection and repair, and immediate access in case of emergencies;
(f) A cot may only be occupied by a child aged 24 months or less;
(g) You must look after any Property access materials (such as key fobs and parking permits) that have been given to you throughout your stay at the Property, for which you may incur a fee if lost as detailed in clause 8.3;
(h) You must not use the Property for any commercial purposes; and
(i) You must not misuse, damage or vandalise the Property.
4.5 If it is brought to our attention that you or any other Guest has not complied with the rules in clause 4.4, then we shall be entitled to ask you to leave the property with immediate effect without a refund of any payments you have made to us or due. We will also withhold your Damage Deposit for breach of these terms.
5. THE PROPERTY
5.1 Although we shall make reasonable efforts to reflect the Property advertised in a true and honest light and procure that the information provided by the Homeowner is conveyed accurately across all advertising material on all media at the time of publishing, errors can occur. We will use reasonable endeavours to notify you of any changes to or inaccuracies in any advertising information as soon as is reasonably practicable, but we, nor the Homeowner, can be held liable for any minor inaccuracies.
5.2 The Property shall be available for the Holiday Period as set out in the Booking Notice.
5.3 In the event of the Property becoming unavailable (such as due to fire or flooding), we will endeavour to provide you with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. We cannot, however, pay any compensation or expenses as a consequence of such an event.
6. CANCELLATIONS AND CHARGES
6.1 We reserve the right to cancel your Booking for our own reasons or at the request of the Homeowner due to circumstances beyond the Homeowner’s control (or where it is suspected that a Booking has been made fraudulently). In the unlikely event that we need to cancel your Booking, we shall provide written notice to you on behalf of the Homeowner (which will be by email) as soon as is reasonably practicable, and either offer you an alternative property or refund any payments made by you in accordance with clause 3.
6.2 For any significant changes to your Booking, we shall provide written notice to you on behalf of the Homeowner as soon as is reasonably practicable, inform you of any changes and give you the option to reconfirm your Booking or cancel your Booking. If the change is not acceptable to you, we will either offer you an alternative property or refund any payments already made by you in accordance with clause 3. You will not be entitled to any refund of any payments made in respect of only minor or insignificant changes to your Booking. A minor change will be assessed by us on the grounds of ‘reasonableness’. In the event that you elect to instead occupy the alternative property, the new cost of the alternative property shall become due and payable in accordance with the terms of that property. If you fail to notify us that you wish to accept any change or alternative property, or if we are unable to contact you, we will assume that you wish to cancel your Booking and you shall receive a full refund.
6.3 You have a right to cancel a Booking within 14 days of submitting a completed Booking Form (the ‘Cancellation Period’). If your Holiday Period commences within this Cancellation Period and you cancel the contract, we shall withhold from you an amount which is in proportion to what Services had been performed by us until you communicated your cancellation. If you cancelled a Booking outside of the Cancellation Period, you may be due a partial refund which is dependent on when notice of cancellation was given to us before the start of the Holiday Period. The refund will be calculated as follows:
(a) 13 or fewer days’ notice – No refund due;
(b) 14-27 days’ notice – 15% of the total Guest fees in clause 3;
(c) 28-55 days’ notice – 50% of the total Guest fees in clause 3;
(d) More than 56 days’ notice – your liability for the remainder of the balance will be waived or the balance refunded if this has already been paid.
If a refund is due, it will be paid within 14 working days of cancellation.
6.4 If you decide to cancel, we will charge you a cancellation fee of £25 in addition to any cancellation charges as specified in this clause 6.
6.5 We will only accept cancellations by email.
6.6 If you do not pay the full amount due for your Booking before the six week cut-off point as detailed in clauses 3.1(d) and 3.2, then we will notify you of any payments due. If the payment has not been made within 48 hours of us requesting payment (the grace period), then we will treat the Booking as cancelled and, as per our cancellation policy in clause 6.4, retain all payments already made, such as the Booking Deposit and Booking Fee.
6.7 If you fail to make any payments due under these Terms by the due date for payment, we shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment at the rate of 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
6.8 We strongly recommend you take out appropriate insurance cover to protect against any unexpected costs you may incur, cancellation charges or delay to your Booking that includes adverse weather conditions, illness and government restrictions, which may prevent your Booking from taking place.
7. DEPARTURE
7.1 You must vacate the Property at the time specified in your Booking Notice (usually 10am) on the Departure Date. Failure to vacate the Property and remove your belongings will result in you being charged £25 for every hour into which your occupation extends.
7.2 If in exceptional cases we or the Homeowner, at our sole discretion, agree to extend your Holiday Period beyond the agreed Departure Date, payment for the additional days is required in full at the date the extension is confirmed. If payment is not received, then you will be required to leave the Property at the previously agreed Departure Date.
8. DAMAGES AND LOSS
8.1 Your refundable Damage Deposit will be retained for 7 days after your Departure Date. In this time, we will inspect the Property for any damages, loss incurred and/or additional cleaning costs (charged at a rate of £25 per hour) which we shall report to you within 7 days after the Departure Date. Our report will include an indication of any possible deductions from your Damage Deposit, along with any photographic evidence where applicable. You will have 7 Business Days to respond with any queries.
8.2 Once investigations are complete, we will confirm final deductions and refund any monies owed to you within 48 hours. Please note that we reserve the right to charge an administration fee of £25 for the processing of any damage claims.
8.3 If you lose or damage any access related materials (such as key fobs and parking permits) or any linen provided to you, the cost of replacing these items will be charged to you and taken from your Damage Deposit.
8.4 Any personal belongings (not including food items) that you have left at the Property will be held for 14 days. In this period, you can request these items to be posted to you at your expense. We will not be responsible for the loss of any personal belongings during their posting to you.
9. DATA PROTECTION
9.1 We will process any personal data in relation to you and any other Guests in accordance with our privacy policy, which can be accessed here https://www.porthholidays.com/terms--conditions.html through our website.
10. LIMITATION OF LIABILITY
10.1 Neither Porth Holidays Ltd nor the Homeowner shall be liable to you for any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of personal property or vehicles.
(f) loss of use or corruption of software, data or information;
(g) loss of or damage to goodwill or reputation; and
(h) indirect or consequential loss.
Unless such loss is caused by our negligence or the negligence of the Homeowner.
10.2 We cannot accept any liability to you for any inaccurate, incomplete or misleading information about any Property and/or its facilities provided to us by the Homeowner.
10.3 In the event that a Booking is cancelled or changed in accordance with clause 6, neither us nor the Homeowner shall be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and alternative accommodation which have been arranged by you are at your own risk.
10.4 Neither us nor the Homeowner can be held responsible for any circumstances that arise outside of our control including, but not limited to, excessive noise from neighbouring properties or areas, any building works, local events or disruption to services in the surrounding area. Where we have been informed of circumstances which might disrupt your enjoyment of the Property, we will make reasonable endeavours to notify you.
10.5 Our maximum liability in aggregate arising under or in connection with these Terms, whether in tort (including negligence), breach of statutory duty or otherwise shall not exceed an amount equivalent to the fees paid to us in respect of the relevant Booking.
10.6 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.7 We shall not be in breach of any of our obligations under this Agreement which arise or occur due to any act, omission or default by you to comply with any of your obligations under this Agreement.
11. COMPLAINTS
11.1 We hope you have a pleasurable stay with us, but if you wish to make a complaint you should contact us immediately using the contact details provided in clause 2.7. If the complaint is made within the Holiday Period, we will endeavour to correct the problem(s) raised by you or provide a form of compensation we deem appropriate. If the complaint is made after the Departure Date, we will be under no liability to offer any form of compensation or enter into any communications with you in respect of the complaint.
12. GENERAL
12.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.2 Assignment. This Agreement shall be binding on and shall inure to the benefit of each of the Parties and their successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or sub-contract any of our rights or obligations under this Agreement in whole or in part.
12.3 Entire agreement.
(a) This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that, in entering into the Agreement, it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
12.4 Variation. Except as set out in this Agreement, no variation of the Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
12.5 Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deleted under this clause 12.6, the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email.
(c) This clause 12.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
12.8 Third party rights.
(a) Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
(b) The rights of the Parties to rescind or vary the Agreement are not subject to the consent of any other person.
12.9 Governing law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
1...... INTERPRETATION.................................................................................................. 1
2...... CONTRACT AND BOOKING.................................................................................... 2
3...... GUEST FEES........................................................................................................... 3
4...... CHECK-INS............................................................................................................. 4
5...... THE PROPERTY...................................................................................................... 5
6...... CANCELLATIONS AND CHARGES........................................................................... 5
7...... DEPARTURE........................................................................................................... 7
8...... DAMAGES AND LOSS............................................................................................. 7
9...... DATA PROTECTION................................................................................................ 8
10.... LIMITATION OF LIABILITY...................................................................................... 8
11.... COMPLAINTS......................................................................................................... 9
12.... GENERAL............................................................................................................... 9
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Agent means Porth Holidays Ltd registered in England and Wales with company number 13037968 and whose registered office is at Wheal Harmony House, Solomon Road, Redruth, England, TR15 1FD. The agent’s principal place of business is Unit 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL. The Agent is also referred to throughout this Agreement using ‘we’, ‘us’ and ‘our’.
Agreement means the agreement between Porth Holidays Ltd and the Consumer for occupancy of the Property for the Holiday Period.
Balance Payment means the value of the Booking less the Booking Deposit, representing seventy-five percent (75%) of the value of the Booking.
Booking Deposit means the value of the Booking less the Balance Payment representing twenty-five percent (25%) of the Booking Fee payable in advance as set out in the Booking Notice.
Booking Fee is an additional fee payable by Guests when making a Booking.
Booking Form means the form required to be completed by you to check availability of the Property for the chosen Holiday Period.
Booking means the booking with Porth Holidays Ltd for occupancy of the Property for the Holiday Period.
Booking Notice means the notice sent to Guests upon receipt of the Booking Form and Booking Deposit (and Booking Fee) to confirm the Booking as a legally binding Agreement.
Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Cancellation Period is as defined in clause 6.3.
Conditions means these terms and conditions as amended from time to time in accordance with clause 12.4.
Damage Deposit means a one-off premium paid to protect against damage or loss suffered to the Property which has been caused by any Guest during a Holiday Period. More information on Damage Deposits can be found in clause 3.1.
Departure Date means the date on which the Holiday Period is to come to an end, as specified in the Booking Notice.
Guest means the individual(s) who have made a Booking and paid all necessary Booking Fees to occupy the Property for the Holiday Period, referred to using ‘you’ and ‘your’ throughout this Agreement.
Holiday Period means the time during which the Booking is to take place.
Homeowner means the owner of the Property as principal of the Agent, to whom the Agent has contracted with to licence the Property to Guests.
Parties shall refer to the Guest and the Agent, or as otherwise mentioned throughout these terms.
Property means the property detailed in the Booking Notice which the Guests will occupy under a licence for the Holiday Period.
Property Specific Terms means any other terms supplied to you in the Booking Notice which detail additional terms for your use and occupancy of a specific Property, which shall be incorporated into these terms.
Services means the services that the Agent provides, including but not limited to marketing and Booking management services.
1.2 Interpretation:
(a) Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. CONTRACT AND BOOKING
2.1 The Homeowner has appointed and authorised us to act as their Agent in relation to the Services throughout the duration of our engagement with you.
2.2 This Agreement is made on the basis that the Property is to be occupied by the Guests for purposes of a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9) and the Guests acknowledge that the tenancy granted by this Agreement is not a lease or an assured shorthold tenancy and that no statutory periodic tenancy will arise when it ends, nor will any tenancy be created, or anything else to give rise to any landlord and tenant relationship under the Landlord and Tenant Act 1954, or any other legislation conveying rights to tenants, squatters, or anything other than a licensee.
2.3 All Bookings are subject to availability and these Terms, and must be received via a completed online Booking Form. Upon receipt of the completed Booking Form and Booking Deposit, we will send you an invoice via email and Booking Notice confirming all the Booking details, including your unique Booking reference number and, where applicable, any details regarding the Balance Payment. Once the Booking Notice is sent, a legally valid and enforceable Agreement will exist between Porth Holidays (acting on behalf of the Homeowner) and you.
2.4 Where you are more than one person, all of the obligations and liabilities of those persons shall be joint and several. Each Guest must read the description of the Property on our website carefully and ensure that they agree with and understand these Terms and all other terms that may apply to them (including Property Specific Terms, our website terms and our privacy policy https://www.porthholidays.com/terms--conditions.html
2.5 You must be over the age of 18 to make a Booking on our site.
2.6 Upon receiving a Booking Notice, it is your responsibility to carefully check over the details of the Booking Notice and notify us within 7 days of any errors. If your Booking is scheduled to begin within two weeks of the Booking Notice sent to you, you must notify us of any errors immediately.
2.7 You can contact us using the details provided below. Please also use these details to contact us in case of any emergencies which require our immediate attention:
Email: [email protected]
Telephone: 01736396339
Website: www.porthholidays.com
2.8 Once a Booking is confirmed, it is not subject to change. If you choose to cancel, see clause 6 for details of the terms that apply. Whilst we will be under no obligation to do so, we may, in certain circumstances and with the agreement of the Homeowner, comply with your request to make minor adjustments to any Bookings. In these circumstances, we will charge an administration fee of £25 to make the necessary changes.
2.9 You are responsible for ensuring that the Property and the surrounding area accommodates any specific needs or requirements you may have, and that you have notified us within a reasonable time prior to the start day of the Holiday Period of any specific requirements you may have.
2.10 Access to the Property is subject to any other Property Specific Terms that have been supplied to you upon Booking. You should consider Property Specific Terms as incorporated into these Terms, and any breach of Property Specific Terms will be considered a breach that entitles us or the Homeowner to cancel the Agreement. In the case of conflict between these Terms and any Property Specific Terms regarding your use of the Property, the Property Specific Terms will prevail.
3. GUEST FEES
3.1 The fees that are payable by you before and throughout your Booking include:
(a) A refundable Damage Deposit. All Bookings are accepted on the condition that the Property will be left clean and tidy, and that any damage to the Property will be paid for by the Guest who made the Booking. Any Bookings are therefore subject to a Damage Deposit, which vary between Properties and will be shown in a Booking Form or elsewhere prior to the Booking Notice. We reserve the right to withhold this deposit should any damage to the Property be sustained during your stay – whether that was during the Holiday Period or occurred after as a direct result of any action taken by you during the Holiday Period. This Damage Deposit will also be kept in the event that you breach any of your obligations under these Terms.
(b) A Booking Deposit. A Booking Deposit of 25% of the cost of the Booking must accompany the Booking Form. The Booking Deposit is non-refundable unless we are unable to accept the Booking.
(c) A Booking Fee. A Booking Fee of £35 should also accompany the Booking Form. The Booking Fee is non-refundable unless we are unable to accept the Booking.
(d) The Balance Payment. Where the Booking is made six weeks or more prior to the first day of the Holiday Period, and you have paid the Booking Deposit, Damage Deposit and Booking Fee, we shall be entitled to charge you the remaining Balance Payment due constituting the remaining 75% of the value of the Booking. This payment will become due and payable no later than six weeks prior to the first day of the Holiday Period.
3.2 If you chose to make payments separately up until the six week period before the Holiday Period when all payments are due, we shall be under no obligation to remind you to make any necessary payments. Failure to make any payments in accordance with these Terms will result in the loss of your entire Booking and the Booking Deposit will be forfeited immediately. Please see clause 6 for full charges in relation to cancellations.
4. CHECK-INS
4.1 You will be permitted to check-in to the Property from 4pm on the first day of your Holiday Period. We do not offer any premium for early check-ins.
4.2 We will provide information to you regarding local amenities and activities in a welcome folder upon your arrival.
4.3 We also provide welcome hamper services which contain coffee, tea, fresh milk (an alternative will be provided upon request) and a selection of Cornish produce, including biscuits, cookies, and jams etc. Please note that any welcome packs may contain dairy, gluten and traces of nuts. If you have allergies, please inform us at least 72 hours before the first day of your Holiday Period, using our contact details provided in clause 2.7. We will endeavour to remove any such items that you tell us you or another Guest are allergic to, but this does not excuse any Guest from their responsibility to check product labels and ensure any food provided is safe to consume.
4.4 Please note that, upon arrival, you will be subject to the following rules:
(a) Smoking, vaping, e-cigarettes and any illegal drug use is prohibited inside the Property or anywhere on its grounds;
(b) You must not allow any individuals who are not Guests to stay overnight in the Property or on the grounds of the Property;
(c) You must not bring any pets into the Property or anywhere on its grounds if they have not been previously authorised in writing by the Homeowner;
(d) You must be respectful to neighbouring properties at all times and not make excessive noise, whether through hosting parties or otherwise;
(e) You must permit access to the Property for us and the Homeowners at all reasonable times for inspection and repair, and immediate access in case of emergencies;
(f) A cot may only be occupied by a child aged 24 months or less;
(g) You must look after any Property access materials (such as key fobs and parking permits) that have been given to you throughout your stay at the Property, for which you may incur a fee if lost as detailed in clause 8.3;
(h) You must not use the Property for any commercial purposes; and
(i) You must not misuse, damage or vandalise the Property.
4.5 If it is brought to our attention that you or any other Guest has not complied with the rules in clause 4.4, then we shall be entitled to ask you to leave the property with immediate effect without a refund of any payments you have made to us or due. We will also withhold your Damage Deposit for breach of these terms.
5. THE PROPERTY
5.1 Although we shall make reasonable efforts to reflect the Property advertised in a true and honest light and procure that the information provided by the Homeowner is conveyed accurately across all advertising material on all media at the time of publishing, errors can occur. We will use reasonable endeavours to notify you of any changes to or inaccuracies in any advertising information as soon as is reasonably practicable, but we, nor the Homeowner, can be held liable for any minor inaccuracies.
5.2 The Property shall be available for the Holiday Period as set out in the Booking Notice.
5.3 In the event of the Property becoming unavailable (such as due to fire or flooding), we will endeavour to provide you with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. We cannot, however, pay any compensation or expenses as a consequence of such an event.
6. CANCELLATIONS AND CHARGES
6.1 We reserve the right to cancel your Booking for our own reasons or at the request of the Homeowner due to circumstances beyond the Homeowner’s control (or where it is suspected that a Booking has been made fraudulently). In the unlikely event that we need to cancel your Booking, we shall provide written notice to you on behalf of the Homeowner (which will be by email) as soon as is reasonably practicable, and either offer you an alternative property or refund any payments made by you in accordance with clause 3.
6.2 For any significant changes to your Booking, we shall provide written notice to you on behalf of the Homeowner as soon as is reasonably practicable, inform you of any changes and give you the option to reconfirm your Booking or cancel your Booking. If the change is not acceptable to you, we will either offer you an alternative property or refund any payments already made by you in accordance with clause 3. You will not be entitled to any refund of any payments made in respect of only minor or insignificant changes to your Booking. A minor change will be assessed by us on the grounds of ‘reasonableness’. In the event that you elect to instead occupy the alternative property, the new cost of the alternative property shall become due and payable in accordance with the terms of that property. If you fail to notify us that you wish to accept any change or alternative property, or if we are unable to contact you, we will assume that you wish to cancel your Booking and you shall receive a full refund.
6.3 You have a right to cancel a Booking within 14 days of submitting a completed Booking Form (the ‘Cancellation Period’). If your Holiday Period commences within this Cancellation Period and you cancel the contract, we shall withhold from you an amount which is in proportion to what Services had been performed by us until you communicated your cancellation. If you cancelled a Booking outside of the Cancellation Period, you may be due a partial refund which is dependent on when notice of cancellation was given to us before the start of the Holiday Period. The refund will be calculated as follows:
(a) 13 or fewer days’ notice – No refund due;
(b) 14-27 days’ notice – 15% of the total Guest fees in clause 3;
(c) 28-55 days’ notice – 50% of the total Guest fees in clause 3;
(d) More than 56 days’ notice – your liability for the remainder of the balance will be waived or the balance refunded if this has already been paid.
If a refund is due, it will be paid within 14 working days of cancellation.
6.4 If you decide to cancel, we will charge you a cancellation fee of £25 in addition to any cancellation charges as specified in this clause 6.
6.5 We will only accept cancellations by email.
6.6 If you do not pay the full amount due for your Booking before the six week cut-off point as detailed in clauses 3.1(d) and 3.2, then we will notify you of any payments due. If the payment has not been made within 48 hours of us requesting payment (the grace period), then we will treat the Booking as cancelled and, as per our cancellation policy in clause 6.4, retain all payments already made, such as the Booking Deposit and Booking Fee.
6.7 If you fail to make any payments due under these Terms by the due date for payment, we shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment at the rate of 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
6.8 We strongly recommend you take out appropriate insurance cover to protect against any unexpected costs you may incur, cancellation charges or delay to your Booking that includes adverse weather conditions, illness and government restrictions, which may prevent your Booking from taking place.
7. DEPARTURE
7.1 You must vacate the Property at the time specified in your Booking Notice (usually 10am) on the Departure Date. Failure to vacate the Property and remove your belongings will result in you being charged £25 for every hour into which your occupation extends.
7.2 If in exceptional cases we or the Homeowner, at our sole discretion, agree to extend your Holiday Period beyond the agreed Departure Date, payment for the additional days is required in full at the date the extension is confirmed. If payment is not received, then you will be required to leave the Property at the previously agreed Departure Date.
8. DAMAGES AND LOSS
8.1 Your refundable Damage Deposit will be retained for 7 days after your Departure Date. In this time, we will inspect the Property for any damages, loss incurred and/or additional cleaning costs (charged at a rate of £25 per hour) which we shall report to you within 7 days after the Departure Date. Our report will include an indication of any possible deductions from your Damage Deposit, along with any photographic evidence where applicable. You will have 7 Business Days to respond with any queries.
8.2 Once investigations are complete, we will confirm final deductions and refund any monies owed to you within 48 hours. Please note that we reserve the right to charge an administration fee of £25 for the processing of any damage claims.
8.3 If you lose or damage any access related materials (such as key fobs and parking permits) or any linen provided to you, the cost of replacing these items will be charged to you and taken from your Damage Deposit.
8.4 Any personal belongings (not including food items) that you have left at the Property will be held for 14 days. In this period, you can request these items to be posted to you at your expense. We will not be responsible for the loss of any personal belongings during their posting to you.
9. DATA PROTECTION
9.1 We will process any personal data in relation to you and any other Guests in accordance with our privacy policy, which can be accessed here https://www.porthholidays.com/terms--conditions.html through our website.
10. LIMITATION OF LIABILITY
10.1 Neither Porth Holidays Ltd nor the Homeowner shall be liable to you for any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of personal property or vehicles.
(f) loss of use or corruption of software, data or information;
(g) loss of or damage to goodwill or reputation; and
(h) indirect or consequential loss.
Unless such loss is caused by our negligence or the negligence of the Homeowner.
10.2 We cannot accept any liability to you for any inaccurate, incomplete or misleading information about any Property and/or its facilities provided to us by the Homeowner.
10.3 In the event that a Booking is cancelled or changed in accordance with clause 6, neither us nor the Homeowner shall be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel, subsistence and alternative accommodation which have been arranged by you are at your own risk.
10.4 Neither us nor the Homeowner can be held responsible for any circumstances that arise outside of our control including, but not limited to, excessive noise from neighbouring properties or areas, any building works, local events or disruption to services in the surrounding area. Where we have been informed of circumstances which might disrupt your enjoyment of the Property, we will make reasonable endeavours to notify you.
10.5 Our maximum liability in aggregate arising under or in connection with these Terms, whether in tort (including negligence), breach of statutory duty or otherwise shall not exceed an amount equivalent to the fees paid to us in respect of the relevant Booking.
10.6 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.7 We shall not be in breach of any of our obligations under this Agreement which arise or occur due to any act, omission or default by you to comply with any of your obligations under this Agreement.
11. COMPLAINTS
11.1 We hope you have a pleasurable stay with us, but if you wish to make a complaint you should contact us immediately using the contact details provided in clause 2.7. If the complaint is made within the Holiday Period, we will endeavour to correct the problem(s) raised by you or provide a form of compensation we deem appropriate. If the complaint is made after the Departure Date, we will be under no liability to offer any form of compensation or enter into any communications with you in respect of the complaint.
12. GENERAL
12.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.2 Assignment. This Agreement shall be binding on and shall inure to the benefit of each of the Parties and their successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or sub-contract any of our rights or obligations under this Agreement in whole or in part.
12.3 Entire agreement.
(a) This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that, in entering into the Agreement, it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
12.4 Variation. Except as set out in this Agreement, no variation of the Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
12.5 Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deleted under this clause 12.6, the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email.
(c) This clause 12.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
12.8 Third party rights.
(a) Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
(b) The rights of the Parties to rescind or vary the Agreement are not subject to the consent of any other person.
12.9 Governing law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Agency Terms For Owners
TABLE OF CONTENTS
1...... INTERPRETATION.................................................................................................. 1
2...... THE CONTRACT..................................................................................................... 2
3...... OUR SERVICES....................................................................................................... 3
4...... BOOKING PROCEDURE.......................................................................................... 4
5...... GUEST BOOKING CANCELLATION POLICIES.......................................................... 5
6...... CANCELLATION BY YOU......................................................................................... 6
7...... FEES....................................................................................................................... 6
8...... YOUR OBLIGATIONS.............................................................................................. 7
9...... TERMINATION....................................................................................................... 8
10.... PRIVACY................................................................................................................. 9
11.... OUR LIABILITY TO YOU.......................................................................................... 9
12.... INSURANCE.......................................................................................................... 10
13.... PROPERTY DAMAGE............................................................................................ 10
14.... GENERAL............................................................................................................. 11
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Agency Fees means any fees due to the Agent for their property management, listing and marketing services.
Agent means Porth Holidays Ltd registered in England and Wales with company number 13037968 and whose registered office is at Wheal Harmony House, Solomon Road, Redruth, England, TR15 1FD. The agent’s principal place of business is at Unit 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
Agreement means the agreement between Porth Holidays Ltd and the Homeowner. Also referred to as these ‘Terms’.
Booking means a licence to occupy the Property by a Guest for the Holiday Period.
Booking System means ‘Bookster’, an online booking platform incorporated into our website.
Booking Terms for Guests means the terms provided to the Guest upon Booking that detail the conditions for their occupancy of the Property.
Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions means these Terms as amended from time to time in accordance with clause 14.4.
Damage Deposit means a one-off premium set by you and agreed with us for each property. The Guest pays the Damage Deposit at the same time as the Guest Fees to protect against damage or loss suffered to the Property which has been caused by any Guest during a Holiday Period.
Departure Date means the date on which the Holiday Period is to come to an end, as specified in the Guest Booking Notice.
Engagement means the engagement of the Agent by the Homeowner on the terms of this Agreement.
Guest Booking Notice means the notice sent to Guests upon receipt of the Guest Fees to confirm the Booking as a legally binding Agreement.
Guest Fees means the fees payable by Guests for occupying the Property as specified in the Guest Booking Notice.
Guest means the individual or individuals who have made a Booking and paid all necessary Guest Fees to occupy the Property for the Holiday Period.
Holiday Period means the dates during which the Booking is to take place.
Homeowner means the owner of the Property, legally referred to as the Principal in an Agency relationship.
Platform means the online platform operated by the Agent for the listing and Booking of holiday properties.
Property means the property the Homeowner has contracted with the Agent to licence to Guests.
Property Specific Terms means any other Property specific terms agreed in advance by the Agent and the Homeowner regarding the use and occupancy of the Property by Guests.
Services means the services that the Agent provides, including but not limited to listing, marketing and property management services.
Tradespeople means any individuals engaged in a trade who the Agent engages to perform services on the Property from time to time in accordance with these Terms.
1.2 Interpretation:
(a) Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. THE CONTRACT
2.1 This Agreement is between the Homeowner (meaning the Principal and referred to throughout using ‘you’ and ‘your’) and Porth Holidays Ltd (meaning the Agent referred to throughout using ‘we’, ‘us’ and ‘our’).
2.2 You agree to appoint us as your exclusive agent to promote the licencing of your Property on the terms of this agreement, and we accept the appointment on these Terms. You authorise us to negotiate and conclude contracts for the licencing of your Property on your behalf, without your prior reference, but only as agreed in these Terms.
2.3 We operate a Platform which allows Guests to browse and make Bookings for the use and occupancy of Properties listed on the Platform. The Platform allows for binding agreements to be made between you and the Guests who use the Property for a licence to occupy the Property for an agreed period of time (as detailed in the Guest Booking Notice).
2.4 We will provide the Guest with our standard Booking Terms for Guests which will form the basis of the Agreement between you and the Guest. You agree to be bound by these Terms and, although these Terms may be modified from time to time by us, they may not be modified by you or the Guest.
2.5 You agree that any of your Property listings may also be listed with third party booking websites (including ‘Airbnb’ and ‘booking.com’), and that the additional terms of these third party booking websites will also apply to you to the extent they do not materially change these terms.
2.6 You can contact us using the details provided below. Please also use these details to contact us in case of any emergencies which require our immediate attention:
Email: [email protected]
Telephone: 01736396339
Website: www.porthholidays.com
2.7 By accepting these Terms, you agree that we are entitled to accept any Guest Bookings and occupy your property in respect of these Bookings. You also agree that no other third party listing agent is entitled to accept Bookings to a Property you have allowed us to list on our website and any third party booking websites we choose to list on.
3. OUR SERVICES
3.1 In the process of listing your Property, we will incur expenditures which include, but are not limited to, photography, inspection by us or third parties and any remedial costs. We will agree these costs with you in advance, and we will be entitled to charge these costs to you which are payable on request.
3.2 When required, you also agree to us entering the Property at any time before, during and after the Holiday Period when you request this from us or in the case of an emergency. This includes engaging any Tradespeople who may be required to carry out any work on the Property and granting them permission on your behalf to enter the Property.
3.3 With your explicit consent, we will also renumerate any Tradespeople we have engaged from any Guest Fees owed to you at that time (in accordance with clause 7) or charge to you any fees which are not covered by the Guest Fees owed to you at that time. Please note that we are not responsible for any Tradespeople or any errors or omissions from their completion of any necessary work. If you are dissatisfied with the quality of any remedial work undertaken by any Tradespeople engaged by us, then you should raise your concerns with us immediately and we shall seek to rectify the situation in a manner we consider fair. For clarity, this clause 3.3 will apply to all third parties who we engage to conduct any remedial work to the Property.
3.4 If we are seeking to enter the Property during a period where you have told us you are in occupation, we will provide you with reasonable notice.
3.5 Property Specific Terms will be agreed prior to listing your Property for Bookings and will be incorporated into our general house rules for guests. These Property Specific Terms will cover special rules in relation to your Property that you wish Guests to adhere to and can be changed by you wherever you feel necessary, with changes incorporated into a new set of general house rules every two weeks.
3.6 As part of our property management services, we offer an optional “full housekeeping” service which includes cleaning of the Property and linen hire for Guests. We charge independently for this service (as further detailed in clause 7.3 on Fees).
3.7 If you do not wish to purchase our “full housekeeping” service, you will be responsible for ensuring that the Property is clean, tidy and suitable for occupation by Guests. If the Property is not cleaned to a sufficient standard prior to the commencement of a Holiday Period, then we may also arrange for additional cleaning which will be subject to an additional fee we shall charge to you or deduct from any Guest Fees owed to you.
3.8 By agreeing to these Terms, you agree to us that you have complied with all Regulations pertaining to the Property including all relevant laws, planning restrictions, building rules and ordinances (the ‘Regulations’) and contractual restrictions relating to the Property. Our listing of your Property does not constitute an acceptance by us that you have complied with the necessary Regulations or your contractual obligations, and you are responsible at all times for updating us on any changes to your compliance with any Regulations.
3.9 You agree to provide us with three sets of keys prior to us marketing the Property. You will be responsible for the provision and replacement of these key sets at our cost if lost or damaged by us or any Guests.
3.10 Although your Agreement with us is to market your Property for Booking by Guests, we are under no obligation to list your Property or accept any Booking for your Property on our website or any third party websites we may list your Property on. We will always consult with you with regards to any promotional opportunities we wish to offer to Guests through our website or a third party website, however, if we approach you with an opportunity and you do not respond within 5 working days, we will use our best judgement to make decisions on your behalf.
3.11 We are not responsible for the maintenance of plants or outside areas, neither are we responsible for feeding, watering or otherwise caring for any pets.
4. BOOKING PROCEDURE
4.1 We use a third party online Booking System (‘Bookster’) which enables you to select dates which your Property is either ‘available’, ‘unavailable’ or ‘available on request’, view your statements and view a selection of Booking statistics.
4.2 We will permit Guest Bookings in accordance with this Booking System, and it is your responsibility to keep the information on this Booking System accurate and ensure that booking labels correspond to your non-occupation of the Property. Where you have not selected either ‘available’, ‘unavailable’ or ‘available on request’, we will assume that the Property is ‘available on request’ and you will be contacted by us to confirm this.
4.3 When Guests make a Booking for dates which are ‘available on request’, we will contact you with details of a proposed Booking and give you a time period in which to respond (usually 3 days) either accepting or declining the proposed Booking. If you do not respond within the specified time period, then we will treat the Booking as declined.
4.4 If a Guest makes a Booking for an ‘available’ date, then we will accept and confirm the Booking with the Guest without your prior acceptance. You will then be obligated to honour this Booking, notwithstanding a situation where you later terminate our Agreement before the commencement of the Booking (for further detail on termination, see clause 9).
4.5 If you wish to change a future date from ‘available’ to ‘unavailable’, and this date is already subject to an accepted Booking, then we would advise against such a change. If it is imperative that the Property is not occupied by a Guest on the date(s), then we request 8 weeks’ notice from you in order to arrange alternative accommodation for the Guest. Where a suitable replacement is not possible, a refund of the Guest Fees will be given to the Guest, and we will charge you a £25 administration fee for these services. (For further detail on Homeowner cancellation, see clause 6).
4.6 When a Booking has been made, you will receive an immediate notification from the Booking System and, within 24 hours, an email from us detailing the dates of the Holiday Period, how many Guests are scheduled to occupy the Property, if any pets are requested to accompany the Guests, the balances (whether paid or overdue) and if a damage deposit has been paid by the Guests.
4.7 We agree to provide to you regular monthly financial statements and quarterly Property reports that detail the Property condition, maintenance and any safety checks we have carried out.
5. GUEST BOOKING CANCELLATION POLICIES
5.1 If a Guest cancels their Booking for any reason, they may be liable to pay a proportion of the Guest Fees in line with our Booking Terms for Guests. When we do charge a Guest a proportion of their Guest Fees, a percentage will be owed to you determined by the percentage you would have received should the Booking have proceeded (as detailed in clause 7).
5.2 We will provide you with reasonable assistance to obtain the Guest Fees from the Guest in respect of any money owed by them, but this does not include the cost of issuing proceedings against the Guest.
5.3 Any additional administration fees which may be charged to the Guest in the event of cancellation will be kept by us.
6. CANCELLATION BY YOU
6.1 Further to clause 4.5, if you choose to cancel or make ‘unavailable’ a Booking which has already been confirmed to the Guest, then you shall be liable for any surplus relating to any alternative accommodation found for the Guest during their Holiday Period or a new Holiday Period. This surplus will not be more than 20% of the original value of the Booking.
6.2 The responsibility for sourcing any alternative Guest accommodation will be ours.
6.3 If relocation is not possible, then the Booking will be cancelled and any payments made will be refunded to the Guest. You will incur a fee of £25 for the administrative costs of cancelling the Booking.
6.4 In the event that a Guest cancels the Booking prior to its commencement, we do not require the dates of that Holiday Period to remain ‘available’ for further Bookings and we will ensure that no Bookings are made for those dates. Where the Guest cancels the Booking and the dates are left ‘available’ by you, you will receive the same proportion of the retained Guest Fees that you would have been entitled to should the Guest Booking have proceeded as planned.
6.5 Any cancellation charges we charge to you will be taken from the Guest Fees owed to you for the previous month before the balance is paid to you.
7. FEES
7.1 Before marketing your Property, we will agree on the Guest Fees that should be chargeable for a Property like yours based on the best information we have available to us at the time. We will advise you on the standard price for a Property of its nature, but the final decision will be made by agreement between us. By agreeing to these Terms, you grant us authority to collect any Guest Fees from your Guests by invoicing them, and directly or indirectly asking them for payment through any third party payment processor(s) we may use.
7.2 Payments will be made to you in the first week of a new monthly period for the preceding month’s Bookings, and we will deduct in this payment any fees we are due, including any costs or disbursements we have incurred, and any marketing and listing costs (the ‘Agency Fees’).
7.3 Our Agency Fees for standard property management are 9% of the Guest Fees.
7.4 With your agreement, we will also deduct any fees relating to maintenance and repair costs and any trades or services engaged by us.
7.5 Where you have not selected our ‘full housekeeping ‘ service, you are responsible for your own cleaning and tidying. If the Property is not clean to our satisfaction when inspecting the Property before the Holiday Period, then we reserve the right to charge you for the cost of adequately cleaning the Property. For the avoidance of doubt, this includes the cost of cleaning up after any pets allowed with your permission into the Property.
7.6 In the event that you are overpaid, either for the Guest Fees or any other payment, then you agree to promptly reimburse to us that amount. If you do not reimburse this amount, we will be entitled to deduct this overpayment from any future Guest Fee payments owed to you.
7.7 Unless agreed otherwise, you agree that we have authority to negotiate discounts, extra nights and other special fee arrangements in the event that you are unavailable and do not respond within 5 days of us contacting you. Wherever the special arrangement might need to be granted sooner, we will use our best judgement in approving or rejecting the request on your behalf.
7.8 You must inform us before marketing the Property if you are registered for VAT or, if you become registered for VAT during the course of our Engagement, then you must notify us immediately.
8. YOUR OBLIGATIONS
8.1 We always carry out safety checks when conducting property reports, however we are not responsible for the Property’s adherence to any applicable Regulations. You must therefore ensure that you have carried out adequate checks and can confirm the following:
(a) The Property has an appropriate fire safety certificate with all recommended equipment fitted including fire extinguishers and working smoke alarms;
(b) The Property has the required gas and oil safety certificates;
(c) The Property is safe for habitation and use;
(d) All electrical appliances have been thoroughly PAT tested; and
(e) You have taken out all necessary insurance policies (as further detailed in clause 12).
You will be liable to any Guest in respect of any loss or damage they suffer as a result of your failure to comply with any Regulations or the assurances set out in this clause 8.1.
8.2 You also warrant that you are the owner of the Property or that you have been authorised by the owner or landlord to provide licences to occupy the Property to Guests.
8.3 You agree that you are responsible for the payment of all utility bills, including internet access, heating, water, electricity and gas. We will not be liable for any payments owed in respect of these bills.
8.4 If you have any sound or image recording devices inside of the Property, you must turn these off before the arrival of the Guests and disclose to us their presence in the Property. Failure to do this will mean liability to the Guest in respect of any applicable data privacy laws which apply. For the avoidance of doubt, any recording equipment on the outside of the Property can continue to be active during the Holiday Period, so long as we are made aware of any equipment, in writing.
8.5 We will not permit your entry into the Property during any Holiday Period unless there is a real emergency. If, for some other reason, you need to access the Property during the Holiday Period, you must contact us and we will try to accommodate your request.
9. TERMINATION
9.1 Without affecting any other right or remedy available to it, either party may terminate the Agreement by giving the other party 6 weeks’ written notice. If you terminate the Agreement, you agree to honour any Bookings made up until notice was given and these Terms will still be applicable to such Bookings. No new Bookings will be accepted from the date that written notice was received.
9.2 In the event that you terminate our Agreement and a Booking cannot proceed, you will be liable to us for the corresponding costs of providing Guests with alternative accommodation as detailed in clause 6.1.
9.3 Without affecting any other right or remedy available to them, either party may terminate the Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this Agreement or the Booking Terms for Guests and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so.
9.4 Without affecting any other right or remedy available to it, we may also terminate the Agreement with immediate effect by giving you written notice if:
(a) you fail to pay any amount owed under the Agreement when payment is due;
(b) you refuse a Booking outside of your right to do so under clause 4.3; or
(c) your Property has not been maintained to an appropriate standard and presents a health and safety risk to any Guests seeking occupancy of the Property.
9.5 In the event that this Agreement is terminated and there are outstanding owing payments to us, then these should be paid to us immediately without any set-off or deduction.
9.6 If we terminate the Agreement, we will not be liable to you in respect of any Guest Fees for cancelled Guest Bookings. We will also ensure that your Property is removed from our website and any online marketing materials we may have advertised your Property on, and ensure that we cease to refer to you or your Property as under any agency or licence agreement with us.
10. PRIVACY
10.1 We will respect your privacy at all times during our Engagement, and we will collect and process your data in accordance with our privacy policy which can be found here https://www.porthholidays.com/terms--conditions.html
11. OUR LIABILITY TO YOU
11.1 We shall not be liable to you for any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of personal property or vehicles;
(f) loss of use or corruption of software, data or information;
(g) loss of or damage to goodwill or reputation; and
(h) indirect or consequential loss.
unless such loss is primarily caused by our negligence or wilful actions.
11.2 We will not be liable to you in the event of a claim made by a Guest against you, unless the claim is primarily a result of our negligence. You agree to indemnify us against any breach by you of this Agreement, the Booking Terms for Guests, the Property Specific Terms or any misrepresentation you may make in the process of marketing and listing your Property.
11.3 We will not be responsible for any theft or damage by Guests that is not covered by the Damage Deposit or recoverable under our insurance policies.
11.4 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12. INSURANCE
12.1 During this Agreement, we shall maintain in force the following insurance policies with reputable insurance companies:
(a) public liability insurance with a limit of £5,000,000; and
(b) professional indemnity insurance with a limit of £100,000.
12.2 We require you to take out the following insurance policies:
(a) public liability insurance with a limit of £5,000,000; and
(b) holiday home insurance (including buildings cover, contents cover and accidental damage for the building and contents of the Property) with a limit of £1,000.000.
12.3 You shall ensure that any such insurance policies are taken out with reputable insurers acceptable to us and that the other terms of insurance are acceptable to and agreed by us.
12.4 You shall, on request, supply us with copies of your insurance policies and evidence that the relevant premiums have been paid.
12.5 You shall notify the insurers of our interest and shall cause the interest to be noted on the insurance policies together with a provision to the effect that, if any claim is brought or made by the Guest against us in respect of which we would be entitled to receive indemnity under any of the insurance policies, the relevant insurer will indemnify us directly against such claim and any charges, costs and expenses in respect of such claim. If the relevant insurer does not so indemnify us, you shall use all insurance monies received by them to indemnify us in respect of any claim and shall make good any deficiency from their own resources.
12.6 You shall comply with all terms and conditions of your insurance policies at all times. If cover under the insurance policies shall lapse or not be renewed or be changed in any material way or if you are aware of any reason why the cover under the insurance policies may lapse or not be renewed or be changed in any material way, you shall notify us without delay.
13. PROPERTY DAMAGE
13.1 You must report any property damage to us within 7 days of the end of the Holiday Period, except where alternative conditions have been arranged by both parties in advance. If you fail to report any damage you wish to claim for before this 7 day cut-off, then we will not be liable to you for any damage caused by Guests and you will have no remit to be reimbursed by our insurance policies.
13.2 If you do make a claim within this 7 day period, you must provide evidence of the damage. If we accept your claim, you must send over the invoices for the work completed to rectify the damage within 7 days.
13.3 The Guest is responsible for any damage they cause to the Property, and the costs of any damage can be taken from the Guest’s Damage Deposit. If damage to the Property, directly caused by Guests, will cost more to repair than the Damage Deposit, then we will take steps to recover the first £1,000 of any claim for damage from the Guest. However, please note that we are not responsible for taking any legal action against any Guest to recover any monies owed to you for damage outside of our Damage Deposit.
13.4 For the sake of clarity, damage does not include minor wear and tear to the Property caused by Guests. Wear and tear includes, but is not limited to, scuffs, minor spillages and marks on furniture, flooring and walls.
14. GENERAL
14.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.2 Assignment. This Agreement shall be binding on and shall inure to the benefit of each of the parties and their successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or sub-contract any of our rights or obligations under this Agreement in whole or in part.
14.3 Entire agreement.
(a) This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
14.4 Variation. Except as set out in this Agreement, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.5 Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Agreement deleted under this clause 14.6, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email.
(c) This clause 14.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
14.8 Third party rights.
(a) Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
(b) The rights of the parties to rescind or vary the Agreement are not subject to the consent of any other person.
14.9 Governing law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
1...... INTERPRETATION.................................................................................................. 1
2...... THE CONTRACT..................................................................................................... 2
3...... OUR SERVICES....................................................................................................... 3
4...... BOOKING PROCEDURE.......................................................................................... 4
5...... GUEST BOOKING CANCELLATION POLICIES.......................................................... 5
6...... CANCELLATION BY YOU......................................................................................... 6
7...... FEES....................................................................................................................... 6
8...... YOUR OBLIGATIONS.............................................................................................. 7
9...... TERMINATION....................................................................................................... 8
10.... PRIVACY................................................................................................................. 9
11.... OUR LIABILITY TO YOU.......................................................................................... 9
12.... INSURANCE.......................................................................................................... 10
13.... PROPERTY DAMAGE............................................................................................ 10
14.... GENERAL............................................................................................................. 11
1. INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1.1 Definitions:
Agency Fees means any fees due to the Agent for their property management, listing and marketing services.
Agent means Porth Holidays Ltd registered in England and Wales with company number 13037968 and whose registered office is at Wheal Harmony House, Solomon Road, Redruth, England, TR15 1FD. The agent’s principal place of business is at Unit 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
Agreement means the agreement between Porth Holidays Ltd and the Homeowner. Also referred to as these ‘Terms’.
Booking means a licence to occupy the Property by a Guest for the Holiday Period.
Booking System means ‘Bookster’, an online booking platform incorporated into our website.
Booking Terms for Guests means the terms provided to the Guest upon Booking that detail the conditions for their occupancy of the Property.
Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions means these Terms as amended from time to time in accordance with clause 14.4.
Damage Deposit means a one-off premium set by you and agreed with us for each property. The Guest pays the Damage Deposit at the same time as the Guest Fees to protect against damage or loss suffered to the Property which has been caused by any Guest during a Holiday Period.
Departure Date means the date on which the Holiday Period is to come to an end, as specified in the Guest Booking Notice.
Engagement means the engagement of the Agent by the Homeowner on the terms of this Agreement.
Guest Booking Notice means the notice sent to Guests upon receipt of the Guest Fees to confirm the Booking as a legally binding Agreement.
Guest Fees means the fees payable by Guests for occupying the Property as specified in the Guest Booking Notice.
Guest means the individual or individuals who have made a Booking and paid all necessary Guest Fees to occupy the Property for the Holiday Period.
Holiday Period means the dates during which the Booking is to take place.
Homeowner means the owner of the Property, legally referred to as the Principal in an Agency relationship.
Platform means the online platform operated by the Agent for the listing and Booking of holiday properties.
Property means the property the Homeowner has contracted with the Agent to licence to Guests.
Property Specific Terms means any other Property specific terms agreed in advance by the Agent and the Homeowner regarding the use and occupancy of the Property by Guests.
Services means the services that the Agent provides, including but not limited to listing, marketing and property management services.
Tradespeople means any individuals engaged in a trade who the Agent engages to perform services on the Property from time to time in accordance with these Terms.
1.2 Interpretation:
(a) Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. THE CONTRACT
2.1 This Agreement is between the Homeowner (meaning the Principal and referred to throughout using ‘you’ and ‘your’) and Porth Holidays Ltd (meaning the Agent referred to throughout using ‘we’, ‘us’ and ‘our’).
2.2 You agree to appoint us as your exclusive agent to promote the licencing of your Property on the terms of this agreement, and we accept the appointment on these Terms. You authorise us to negotiate and conclude contracts for the licencing of your Property on your behalf, without your prior reference, but only as agreed in these Terms.
2.3 We operate a Platform which allows Guests to browse and make Bookings for the use and occupancy of Properties listed on the Platform. The Platform allows for binding agreements to be made between you and the Guests who use the Property for a licence to occupy the Property for an agreed period of time (as detailed in the Guest Booking Notice).
2.4 We will provide the Guest with our standard Booking Terms for Guests which will form the basis of the Agreement between you and the Guest. You agree to be bound by these Terms and, although these Terms may be modified from time to time by us, they may not be modified by you or the Guest.
2.5 You agree that any of your Property listings may also be listed with third party booking websites (including ‘Airbnb’ and ‘booking.com’), and that the additional terms of these third party booking websites will also apply to you to the extent they do not materially change these terms.
2.6 You can contact us using the details provided below. Please also use these details to contact us in case of any emergencies which require our immediate attention:
Email: [email protected]
Telephone: 01736396339
Website: www.porthholidays.com
2.7 By accepting these Terms, you agree that we are entitled to accept any Guest Bookings and occupy your property in respect of these Bookings. You also agree that no other third party listing agent is entitled to accept Bookings to a Property you have allowed us to list on our website and any third party booking websites we choose to list on.
3. OUR SERVICES
3.1 In the process of listing your Property, we will incur expenditures which include, but are not limited to, photography, inspection by us or third parties and any remedial costs. We will agree these costs with you in advance, and we will be entitled to charge these costs to you which are payable on request.
3.2 When required, you also agree to us entering the Property at any time before, during and after the Holiday Period when you request this from us or in the case of an emergency. This includes engaging any Tradespeople who may be required to carry out any work on the Property and granting them permission on your behalf to enter the Property.
3.3 With your explicit consent, we will also renumerate any Tradespeople we have engaged from any Guest Fees owed to you at that time (in accordance with clause 7) or charge to you any fees which are not covered by the Guest Fees owed to you at that time. Please note that we are not responsible for any Tradespeople or any errors or omissions from their completion of any necessary work. If you are dissatisfied with the quality of any remedial work undertaken by any Tradespeople engaged by us, then you should raise your concerns with us immediately and we shall seek to rectify the situation in a manner we consider fair. For clarity, this clause 3.3 will apply to all third parties who we engage to conduct any remedial work to the Property.
3.4 If we are seeking to enter the Property during a period where you have told us you are in occupation, we will provide you with reasonable notice.
3.5 Property Specific Terms will be agreed prior to listing your Property for Bookings and will be incorporated into our general house rules for guests. These Property Specific Terms will cover special rules in relation to your Property that you wish Guests to adhere to and can be changed by you wherever you feel necessary, with changes incorporated into a new set of general house rules every two weeks.
3.6 As part of our property management services, we offer an optional “full housekeeping” service which includes cleaning of the Property and linen hire for Guests. We charge independently for this service (as further detailed in clause 7.3 on Fees).
3.7 If you do not wish to purchase our “full housekeeping” service, you will be responsible for ensuring that the Property is clean, tidy and suitable for occupation by Guests. If the Property is not cleaned to a sufficient standard prior to the commencement of a Holiday Period, then we may also arrange for additional cleaning which will be subject to an additional fee we shall charge to you or deduct from any Guest Fees owed to you.
3.8 By agreeing to these Terms, you agree to us that you have complied with all Regulations pertaining to the Property including all relevant laws, planning restrictions, building rules and ordinances (the ‘Regulations’) and contractual restrictions relating to the Property. Our listing of your Property does not constitute an acceptance by us that you have complied with the necessary Regulations or your contractual obligations, and you are responsible at all times for updating us on any changes to your compliance with any Regulations.
3.9 You agree to provide us with three sets of keys prior to us marketing the Property. You will be responsible for the provision and replacement of these key sets at our cost if lost or damaged by us or any Guests.
3.10 Although your Agreement with us is to market your Property for Booking by Guests, we are under no obligation to list your Property or accept any Booking for your Property on our website or any third party websites we may list your Property on. We will always consult with you with regards to any promotional opportunities we wish to offer to Guests through our website or a third party website, however, if we approach you with an opportunity and you do not respond within 5 working days, we will use our best judgement to make decisions on your behalf.
3.11 We are not responsible for the maintenance of plants or outside areas, neither are we responsible for feeding, watering or otherwise caring for any pets.
4. BOOKING PROCEDURE
4.1 We use a third party online Booking System (‘Bookster’) which enables you to select dates which your Property is either ‘available’, ‘unavailable’ or ‘available on request’, view your statements and view a selection of Booking statistics.
4.2 We will permit Guest Bookings in accordance with this Booking System, and it is your responsibility to keep the information on this Booking System accurate and ensure that booking labels correspond to your non-occupation of the Property. Where you have not selected either ‘available’, ‘unavailable’ or ‘available on request’, we will assume that the Property is ‘available on request’ and you will be contacted by us to confirm this.
4.3 When Guests make a Booking for dates which are ‘available on request’, we will contact you with details of a proposed Booking and give you a time period in which to respond (usually 3 days) either accepting or declining the proposed Booking. If you do not respond within the specified time period, then we will treat the Booking as declined.
4.4 If a Guest makes a Booking for an ‘available’ date, then we will accept and confirm the Booking with the Guest without your prior acceptance. You will then be obligated to honour this Booking, notwithstanding a situation where you later terminate our Agreement before the commencement of the Booking (for further detail on termination, see clause 9).
4.5 If you wish to change a future date from ‘available’ to ‘unavailable’, and this date is already subject to an accepted Booking, then we would advise against such a change. If it is imperative that the Property is not occupied by a Guest on the date(s), then we request 8 weeks’ notice from you in order to arrange alternative accommodation for the Guest. Where a suitable replacement is not possible, a refund of the Guest Fees will be given to the Guest, and we will charge you a £25 administration fee for these services. (For further detail on Homeowner cancellation, see clause 6).
4.6 When a Booking has been made, you will receive an immediate notification from the Booking System and, within 24 hours, an email from us detailing the dates of the Holiday Period, how many Guests are scheduled to occupy the Property, if any pets are requested to accompany the Guests, the balances (whether paid or overdue) and if a damage deposit has been paid by the Guests.
4.7 We agree to provide to you regular monthly financial statements and quarterly Property reports that detail the Property condition, maintenance and any safety checks we have carried out.
5. GUEST BOOKING CANCELLATION POLICIES
5.1 If a Guest cancels their Booking for any reason, they may be liable to pay a proportion of the Guest Fees in line with our Booking Terms for Guests. When we do charge a Guest a proportion of their Guest Fees, a percentage will be owed to you determined by the percentage you would have received should the Booking have proceeded (as detailed in clause 7).
5.2 We will provide you with reasonable assistance to obtain the Guest Fees from the Guest in respect of any money owed by them, but this does not include the cost of issuing proceedings against the Guest.
5.3 Any additional administration fees which may be charged to the Guest in the event of cancellation will be kept by us.
6. CANCELLATION BY YOU
6.1 Further to clause 4.5, if you choose to cancel or make ‘unavailable’ a Booking which has already been confirmed to the Guest, then you shall be liable for any surplus relating to any alternative accommodation found for the Guest during their Holiday Period or a new Holiday Period. This surplus will not be more than 20% of the original value of the Booking.
6.2 The responsibility for sourcing any alternative Guest accommodation will be ours.
6.3 If relocation is not possible, then the Booking will be cancelled and any payments made will be refunded to the Guest. You will incur a fee of £25 for the administrative costs of cancelling the Booking.
6.4 In the event that a Guest cancels the Booking prior to its commencement, we do not require the dates of that Holiday Period to remain ‘available’ for further Bookings and we will ensure that no Bookings are made for those dates. Where the Guest cancels the Booking and the dates are left ‘available’ by you, you will receive the same proportion of the retained Guest Fees that you would have been entitled to should the Guest Booking have proceeded as planned.
6.5 Any cancellation charges we charge to you will be taken from the Guest Fees owed to you for the previous month before the balance is paid to you.
7. FEES
7.1 Before marketing your Property, we will agree on the Guest Fees that should be chargeable for a Property like yours based on the best information we have available to us at the time. We will advise you on the standard price for a Property of its nature, but the final decision will be made by agreement between us. By agreeing to these Terms, you grant us authority to collect any Guest Fees from your Guests by invoicing them, and directly or indirectly asking them for payment through any third party payment processor(s) we may use.
7.2 Payments will be made to you in the first week of a new monthly period for the preceding month’s Bookings, and we will deduct in this payment any fees we are due, including any costs or disbursements we have incurred, and any marketing and listing costs (the ‘Agency Fees’).
7.3 Our Agency Fees for standard property management are 9% of the Guest Fees.
7.4 With your agreement, we will also deduct any fees relating to maintenance and repair costs and any trades or services engaged by us.
7.5 Where you have not selected our ‘full housekeeping ‘ service, you are responsible for your own cleaning and tidying. If the Property is not clean to our satisfaction when inspecting the Property before the Holiday Period, then we reserve the right to charge you for the cost of adequately cleaning the Property. For the avoidance of doubt, this includes the cost of cleaning up after any pets allowed with your permission into the Property.
7.6 In the event that you are overpaid, either for the Guest Fees or any other payment, then you agree to promptly reimburse to us that amount. If you do not reimburse this amount, we will be entitled to deduct this overpayment from any future Guest Fee payments owed to you.
7.7 Unless agreed otherwise, you agree that we have authority to negotiate discounts, extra nights and other special fee arrangements in the event that you are unavailable and do not respond within 5 days of us contacting you. Wherever the special arrangement might need to be granted sooner, we will use our best judgement in approving or rejecting the request on your behalf.
7.8 You must inform us before marketing the Property if you are registered for VAT or, if you become registered for VAT during the course of our Engagement, then you must notify us immediately.
8. YOUR OBLIGATIONS
8.1 We always carry out safety checks when conducting property reports, however we are not responsible for the Property’s adherence to any applicable Regulations. You must therefore ensure that you have carried out adequate checks and can confirm the following:
(a) The Property has an appropriate fire safety certificate with all recommended equipment fitted including fire extinguishers and working smoke alarms;
(b) The Property has the required gas and oil safety certificates;
(c) The Property is safe for habitation and use;
(d) All electrical appliances have been thoroughly PAT tested; and
(e) You have taken out all necessary insurance policies (as further detailed in clause 12).
You will be liable to any Guest in respect of any loss or damage they suffer as a result of your failure to comply with any Regulations or the assurances set out in this clause 8.1.
8.2 You also warrant that you are the owner of the Property or that you have been authorised by the owner or landlord to provide licences to occupy the Property to Guests.
8.3 You agree that you are responsible for the payment of all utility bills, including internet access, heating, water, electricity and gas. We will not be liable for any payments owed in respect of these bills.
8.4 If you have any sound or image recording devices inside of the Property, you must turn these off before the arrival of the Guests and disclose to us their presence in the Property. Failure to do this will mean liability to the Guest in respect of any applicable data privacy laws which apply. For the avoidance of doubt, any recording equipment on the outside of the Property can continue to be active during the Holiday Period, so long as we are made aware of any equipment, in writing.
8.5 We will not permit your entry into the Property during any Holiday Period unless there is a real emergency. If, for some other reason, you need to access the Property during the Holiday Period, you must contact us and we will try to accommodate your request.
9. TERMINATION
9.1 Without affecting any other right or remedy available to it, either party may terminate the Agreement by giving the other party 6 weeks’ written notice. If you terminate the Agreement, you agree to honour any Bookings made up until notice was given and these Terms will still be applicable to such Bookings. No new Bookings will be accepted from the date that written notice was received.
9.2 In the event that you terminate our Agreement and a Booking cannot proceed, you will be liable to us for the corresponding costs of providing Guests with alternative accommodation as detailed in clause 6.1.
9.3 Without affecting any other right or remedy available to them, either party may terminate the Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this Agreement or the Booking Terms for Guests and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so.
9.4 Without affecting any other right or remedy available to it, we may also terminate the Agreement with immediate effect by giving you written notice if:
(a) you fail to pay any amount owed under the Agreement when payment is due;
(b) you refuse a Booking outside of your right to do so under clause 4.3; or
(c) your Property has not been maintained to an appropriate standard and presents a health and safety risk to any Guests seeking occupancy of the Property.
9.5 In the event that this Agreement is terminated and there are outstanding owing payments to us, then these should be paid to us immediately without any set-off or deduction.
9.6 If we terminate the Agreement, we will not be liable to you in respect of any Guest Fees for cancelled Guest Bookings. We will also ensure that your Property is removed from our website and any online marketing materials we may have advertised your Property on, and ensure that we cease to refer to you or your Property as under any agency or licence agreement with us.
10. PRIVACY
10.1 We will respect your privacy at all times during our Engagement, and we will collect and process your data in accordance with our privacy policy which can be found here https://www.porthholidays.com/terms--conditions.html
11. OUR LIABILITY TO YOU
11.1 We shall not be liable to you for any:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of personal property or vehicles;
(f) loss of use or corruption of software, data or information;
(g) loss of or damage to goodwill or reputation; and
(h) indirect or consequential loss.
unless such loss is primarily caused by our negligence or wilful actions.
11.2 We will not be liable to you in the event of a claim made by a Guest against you, unless the claim is primarily a result of our negligence. You agree to indemnify us against any breach by you of this Agreement, the Booking Terms for Guests, the Property Specific Terms or any misrepresentation you may make in the process of marketing and listing your Property.
11.3 We will not be responsible for any theft or damage by Guests that is not covered by the Damage Deposit or recoverable under our insurance policies.
11.4 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12. INSURANCE
12.1 During this Agreement, we shall maintain in force the following insurance policies with reputable insurance companies:
(a) public liability insurance with a limit of £5,000,000; and
(b) professional indemnity insurance with a limit of £100,000.
12.2 We require you to take out the following insurance policies:
(a) public liability insurance with a limit of £5,000,000; and
(b) holiday home insurance (including buildings cover, contents cover and accidental damage for the building and contents of the Property) with a limit of £1,000.000.
12.3 You shall ensure that any such insurance policies are taken out with reputable insurers acceptable to us and that the other terms of insurance are acceptable to and agreed by us.
12.4 You shall, on request, supply us with copies of your insurance policies and evidence that the relevant premiums have been paid.
12.5 You shall notify the insurers of our interest and shall cause the interest to be noted on the insurance policies together with a provision to the effect that, if any claim is brought or made by the Guest against us in respect of which we would be entitled to receive indemnity under any of the insurance policies, the relevant insurer will indemnify us directly against such claim and any charges, costs and expenses in respect of such claim. If the relevant insurer does not so indemnify us, you shall use all insurance monies received by them to indemnify us in respect of any claim and shall make good any deficiency from their own resources.
12.6 You shall comply with all terms and conditions of your insurance policies at all times. If cover under the insurance policies shall lapse or not be renewed or be changed in any material way or if you are aware of any reason why the cover under the insurance policies may lapse or not be renewed or be changed in any material way, you shall notify us without delay.
13. PROPERTY DAMAGE
13.1 You must report any property damage to us within 7 days of the end of the Holiday Period, except where alternative conditions have been arranged by both parties in advance. If you fail to report any damage you wish to claim for before this 7 day cut-off, then we will not be liable to you for any damage caused by Guests and you will have no remit to be reimbursed by our insurance policies.
13.2 If you do make a claim within this 7 day period, you must provide evidence of the damage. If we accept your claim, you must send over the invoices for the work completed to rectify the damage within 7 days.
13.3 The Guest is responsible for any damage they cause to the Property, and the costs of any damage can be taken from the Guest’s Damage Deposit. If damage to the Property, directly caused by Guests, will cost more to repair than the Damage Deposit, then we will take steps to recover the first £1,000 of any claim for damage from the Guest. However, please note that we are not responsible for taking any legal action against any Guest to recover any monies owed to you for damage outside of our Damage Deposit.
13.4 For the sake of clarity, damage does not include minor wear and tear to the Property caused by Guests. Wear and tear includes, but is not limited to, scuffs, minor spillages and marks on furniture, flooring and walls.
14. GENERAL
14.1 Force majeure. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.2 Assignment. This Agreement shall be binding on and shall inure to the benefit of each of the parties and their successors and assigns. You shall not assign or sub-contract any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or sub-contract any of our rights or obligations under this Agreement in whole or in part.
14.3 Entire agreement.
(a) This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
14.4 Variation. Except as set out in this Agreement, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.5 Waiver. A waiver of any right or remedy under the Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.6 Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Agreement deleted under this clause 14.6, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.7 Notices.
(a) Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its principal place of business.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email.
(c) This clause 14.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
14.8 Third party rights.
(a) Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
(b) The rights of the parties to rescind or vary the Agreement are not subject to the consent of any other person.
14.9 Governing law. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Website Acceptable Use Policy
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
What's in these terms?
This acceptable use policy sets out the content standards that apply when you provide content to be uploaded on our site, link to our site, or interact with our site in any other way,
Click on the links below to go straight to more information on each area:
1. Who we are and how to contact us
1.1. ‘www.porthholidays.com’ is a site operated by Porth Holidays Ltd ("We"). We are registered in England and Wales under company number 13037968 and have our registered office at 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
1.2. To contact us, please email [email protected] or call us on 07751227414.
2. By using our site you accept these terms
2.1. By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
2.2. If you do not agree to these terms, you must not use our site.
2.3. We recommend that you print a copy of these terms for future reference.
3. There are other terms that may apply to you
3.1. Our Terms of website use https://www.porthholidays.com/terms--conditions.html also apply to your use of our site.
4. We may make changes to the terms of this policy
4.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in June 2021.
5. We may suspend or withdraw this website
5.1. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Prohibited uses
6.1. You may use our site only for lawful purposes. You may not use our site:
a) In any way that breaches any applicable local, national or international law or regulation.
b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
c) For the purpose of harming or attempting to harm minors in any way.
d) To bully, insult, intimidate or humiliate any person.
e) To upload any material which does not comply with our content standards (see clause 7).
f) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
g) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2. You also agree:
a) Not to reproduce, duplicate, copy or re-sell any part of our site;
b) Not to access without authority, interfere with, damage or disrupt:
i. any part of our site;
ii. any equipment or network on which our site is stored;
iii. any software used in the provision of our site; or
iv. any equipment or network or software owned or used by any third party.
7. Interactive services
7.1. We may from time to time provide interactive services on our site, including the ability to leave reviews about Properties you have stayed in.
7.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
7.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. Content standards
8.1. These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
8.2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
8.3. Porth Holidays Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.
8.4. A Contribution must:
a) Be accurate (where it states facts).
b) Be genuinely held (where it states opinions).
c) Comply with the law applicable in England and Wales and in any country from which it is posted.
8.5. A Contribution must not:
a) Be defamatory of any person.
b) Be obscene, offensive, hateful or inflammatory.
c) Bully, insult, intimidate or humiliate.
d) Promote sexually explicit material.
e) Include child sexual abuse material.
f) Promote violence.
g) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
h) Infringe any copyright, database right or trade mark of any other person.
i) Be likely to deceive any person.
j) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
k) Promote any illegal content or activity.
l) Be in contempt of court.
m) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
n) Be likely to harass, upset, embarrass, alarm or annoy any other person.
o) Impersonate any person or misrepresent your identity or affiliation with any person.
p) Give the impression that the Contribution emanates from Porth Holidays Ltd, if this is not the case.
q) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
r) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
s) Contain any advertising or promote any services or web links to other sites.
t) Disclose information like exact addresses capable of identifying a precise property, nor disclose lock box locations and pin codes, or third party names, telephone numbers, and other personal data.
9. Breach of this policy
9.1. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
9.2. Failure to comply with this acceptable use policy constitutes a material breach of our general terms https://www.porthholidays.com/terms--conditions.html upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
a) Immediate, temporary or permanent withdrawal of your right to use our site.
b) Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
c) Issue of a warning to you.
d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
e) Further legal action against you.
f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.3. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
10. Websites we link to
10.1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2. We have no control over the contents of those websites or resources.
11. How this contract can be transferred
11.1. We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
12. Which country's laws apply to any disputes?
12.1. If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England
What's in these terms?
This acceptable use policy sets out the content standards that apply when you provide content to be uploaded on our site, link to our site, or interact with our site in any other way,
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us
- By using our site you accept these terms
- There are other terms that may apply to you
- We may make changes to the terms of this policy
- We may suspend or withdraw this website
- Prohibited uses
- Interactive services
- Content standards
- Breach of this policy
- Websites we link to
- How this contract can be transferred
- Which country's laws apply to any disputes?
1. Who we are and how to contact us
1.1. ‘www.porthholidays.com’ is a site operated by Porth Holidays Ltd ("We"). We are registered in England and Wales under company number 13037968 and have our registered office at 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
1.2. To contact us, please email [email protected] or call us on 07751227414.
2. By using our site you accept these terms
2.1. By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
2.2. If you do not agree to these terms, you must not use our site.
2.3. We recommend that you print a copy of these terms for future reference.
3. There are other terms that may apply to you
3.1. Our Terms of website use https://www.porthholidays.com/terms--conditions.html also apply to your use of our site.
4. We may make changes to the terms of this policy
4.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in June 2021.
5. We may suspend or withdraw this website
5.1. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Prohibited uses
6.1. You may use our site only for lawful purposes. You may not use our site:
a) In any way that breaches any applicable local, national or international law or regulation.
b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
c) For the purpose of harming or attempting to harm minors in any way.
d) To bully, insult, intimidate or humiliate any person.
e) To upload any material which does not comply with our content standards (see clause 7).
f) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
g) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
6.2. You also agree:
a) Not to reproduce, duplicate, copy or re-sell any part of our site;
b) Not to access without authority, interfere with, damage or disrupt:
i. any part of our site;
ii. any equipment or network on which our site is stored;
iii. any software used in the provision of our site; or
iv. any equipment or network or software owned or used by any third party.
7. Interactive services
7.1. We may from time to time provide interactive services on our site, including the ability to leave reviews about Properties you have stayed in.
7.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
7.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. Content standards
8.1. These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
8.2. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
8.3. Porth Holidays Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.
8.4. A Contribution must:
a) Be accurate (where it states facts).
b) Be genuinely held (where it states opinions).
c) Comply with the law applicable in England and Wales and in any country from which it is posted.
8.5. A Contribution must not:
a) Be defamatory of any person.
b) Be obscene, offensive, hateful or inflammatory.
c) Bully, insult, intimidate or humiliate.
d) Promote sexually explicit material.
e) Include child sexual abuse material.
f) Promote violence.
g) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
h) Infringe any copyright, database right or trade mark of any other person.
i) Be likely to deceive any person.
j) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
k) Promote any illegal content or activity.
l) Be in contempt of court.
m) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
n) Be likely to harass, upset, embarrass, alarm or annoy any other person.
o) Impersonate any person or misrepresent your identity or affiliation with any person.
p) Give the impression that the Contribution emanates from Porth Holidays Ltd, if this is not the case.
q) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
r) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
s) Contain any advertising or promote any services or web links to other sites.
t) Disclose information like exact addresses capable of identifying a precise property, nor disclose lock box locations and pin codes, or third party names, telephone numbers, and other personal data.
9. Breach of this policy
9.1. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
9.2. Failure to comply with this acceptable use policy constitutes a material breach of our general terms https://www.porthholidays.com/terms--conditions.html upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
a) Immediate, temporary or permanent withdrawal of your right to use our site.
b) Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
c) Issue of a warning to you.
d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
e) Further legal action against you.
f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.3. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
10. Websites we link to
10.1. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2. We have no control over the contents of those websites or resources.
11. How this contract can be transferred
11.1. We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
12. Which country's laws apply to any disputes?
12.1. If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England
Privacy Policy
We respect your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you when you become a customer.
This policy applies to Homeowners (meaning a User whose property is listed on our website for occupancy by Guests), Guests (meaning a User looking to obtain a licence to occupy the Homeowner’s property) and any other person using the website. Although some elements of this policy may not apply to you, as you will see, this does not mean you should not read those parts.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.
1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary
1. Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and processes your personal data based on different types of interaction.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
We as Porth Holidays Ltd are the controller and responsible for your personal data (collectively referred to as "Porth Holidays", "we", "us" or "our" in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Email address: [email protected]
Postal address: 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
Telephone number: 01736 396339
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated in June 2021.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) or data about corporate entities, like a company.
With regard to Homeowners, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
● Identity Data includes first name, maiden name, last name, username (or similar identifier) marital status, title, date of birth and gender.
● Contact Data includes billing address, home address, holiday property address, email address and telephone numbers.
● Financial Data includes bank account and payment card details.
● Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
● Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
● Usage Data includes information about how you use our website and services.
● Marketing and Communications Data includes emails, document views, email link clicks and opens, and your preferences in receiving marketing from us and our third parties and your communication preferences.
With regard to Guests, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
● Identity Data includes first name, maiden name, last name, username (or similar identifier) marital status, title, date of birth and gender.
● Contact Data includes billing address, home address, email address and telephone numbers.
● Financial Data includes bank account and payment card details.
● Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
● Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform information.
● Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
● Usage Data includes information about how you use our website and services.
● Marketing and Communications Data includes emails, document views, email link clicks and opens, and your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel part of our service, but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
● Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by webchat, post, phone, email or otherwise. This includes personal data you provide when you:
● apply for our services;
● filling out the booking form on our website;
● pass over any documents to us;
● subscribe to our publications;
● request marketing to be sent to you;
● enter a competition, promotion or survey; or
● give us feedback or contact us.
● Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see section titled ‘cookies’ under ‘HOW WE USE YOUR PERSONAL DATA’ for further details.
● Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics providers, such as Google based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
Identity and Contact Data from publicly available sources, such as social media sites.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where we need to perform the contract we are about to enter into or have entered into with you, where it is necessary for our legitimate interests or where we need to comply with a legal obligation.
Please refer to the meaning of Lawful Basis under the glossary to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) Listing your property (for Homeowners)
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical (for Guests)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical (for Guests)
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical (for Guests)
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive phone calls from us from time to time, targeted adverts on social media and other websites, advertising delivered by post (after a Guest’s stay, a postcard may be sent to you to obtain feedback) and emails with new properties or offers added if you are or have been a Guest. You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by contacting us at any time using the information above.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of purchases or other transactions.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
● Analytical, tracking or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website or our client’s website when they are using it. This helps us to improve the way website works, for example, by ensuring that users are finding what they are looking for easily. Tracking cookies
● Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
For your convenience, the cookies that we use have been formatted into a table to help you understand their purpose and how long they last (the duration).
Sl. No:
Cookie Name
Duration
Description
1
AWSALB
7 days
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.
2
AWSALBCORS
6 days
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.
3
CONSENT
6044 days
Used to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.
4
city
1 day
Stores the selected store location.
5
country
1 day
The cookie determines the preferred language and country-setting of the visitor - This allows the website to show content most relevant to that region and language.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table ‘Purposes for which we will use your personal data’ above.
● External Third Parties as set out in the Glossary
● Specific third parties listed in the table Purposes for which we will use your personal data
● Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We do not transfer your personal data outside the UK.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy, which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data as follows (please check the Glossary for further information on each right):
● Request access to your personal data.
● Request correction of your personal data.
● Request erasure of your personal data.
● Object to processing of your personal data.
● Request restriction of processing your personal data.
● Request transfer of your personal data.
● Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
In addition to any third parties specifically mentioned throughout this document, External Third Parties can be summarised as follows:
● Service providers acting as processors based in the UK who provide IT and system administration services, such as Bookster who provide our booking platform.
● Professional advisers, acting as processors, including lawyers, bankers, auditors and insurers based in the UK, who provide consultancy, banking, legal, insurance and accounting services.
● HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
● If you want us to establish the data's accuracy.
● Where our use of the data is unlawful but you do not want us to erase it.
● Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
● You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
This policy applies to Homeowners (meaning a User whose property is listed on our website for occupancy by Guests), Guests (meaning a User looking to obtain a licence to occupy the Homeowner’s property) and any other person using the website. Although some elements of this policy may not apply to you, as you will see, this does not mean you should not read those parts.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.
1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary
1. Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and processes your personal data based on different types of interaction.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
We as Porth Holidays Ltd are the controller and responsible for your personal data (collectively referred to as "Porth Holidays", "we", "us" or "our" in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Email address: [email protected]
Postal address: 8 Penwith Business Centre, Longrock, Penzance, TR20 8HL.
Telephone number: 01736 396339
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated in June 2021.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) or data about corporate entities, like a company.
With regard to Homeowners, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
● Identity Data includes first name, maiden name, last name, username (or similar identifier) marital status, title, date of birth and gender.
● Contact Data includes billing address, home address, holiday property address, email address and telephone numbers.
● Financial Data includes bank account and payment card details.
● Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
● Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
● Usage Data includes information about how you use our website and services.
● Marketing and Communications Data includes emails, document views, email link clicks and opens, and your preferences in receiving marketing from us and our third parties and your communication preferences.
With regard to Guests, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
● Identity Data includes first name, maiden name, last name, username (or similar identifier) marital status, title, date of birth and gender.
● Contact Data includes billing address, home address, email address and telephone numbers.
● Financial Data includes bank account and payment card details.
● Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
● Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform information.
● Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
● Usage Data includes information about how you use our website and services.
● Marketing and Communications Data includes emails, document views, email link clicks and opens, and your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel part of our service, but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
● Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by webchat, post, phone, email or otherwise. This includes personal data you provide when you:
● apply for our services;
● filling out the booking form on our website;
● pass over any documents to us;
● subscribe to our publications;
● request marketing to be sent to you;
● enter a competition, promotion or survey; or
● give us feedback or contact us.
● Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see section titled ‘cookies’ under ‘HOW WE USE YOUR PERSONAL DATA’ for further details.
● Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics providers, such as Google based outside the EU;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
Identity and Contact Data from publicly available sources, such as social media sites.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where we need to perform the contract we are about to enter into or have entered into with you, where it is necessary for our legitimate interests or where we need to comply with a legal obligation.
Please refer to the meaning of Lawful Basis under the glossary to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) Listing your property (for Homeowners)
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical (for Guests)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical (for Guests)
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical (for Guests)
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive phone calls from us from time to time, targeted adverts on social media and other websites, advertising delivered by post (after a Guest’s stay, a postcard may be sent to you to obtain feedback) and emails with new properties or offers added if you are or have been a Guest. You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by contacting us at any time using the information above.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of purchases or other transactions.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
● Analytical, tracking or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website or our client’s website when they are using it. This helps us to improve the way website works, for example, by ensuring that users are finding what they are looking for easily. Tracking cookies
● Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
For your convenience, the cookies that we use have been formatted into a table to help you understand their purpose and how long they last (the duration).
Sl. No:
Cookie Name
Duration
Description
1
AWSALB
7 days
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.
2
AWSALBCORS
6 days
Registers which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.
3
CONSENT
6044 days
Used to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.
4
city
1 day
Stores the selected store location.
5
country
1 day
The cookie determines the preferred language and country-setting of the visitor - This allows the website to show content most relevant to that region and language.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table ‘Purposes for which we will use your personal data’ above.
● External Third Parties as set out in the Glossary
● Specific third parties listed in the table Purposes for which we will use your personal data
● Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We do not transfer your personal data outside the UK.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy, which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data as follows (please check the Glossary for further information on each right):
● Request access to your personal data.
● Request correction of your personal data.
● Request erasure of your personal data.
● Object to processing of your personal data.
● Request restriction of processing your personal data.
● Request transfer of your personal data.
● Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
In addition to any third parties specifically mentioned throughout this document, External Third Parties can be summarised as follows:
● Service providers acting as processors based in the UK who provide IT and system administration services, such as Bookster who provide our booking platform.
● Professional advisers, acting as processors, including lawyers, bankers, auditors and insurers based in the UK, who provide consultancy, banking, legal, insurance and accounting services.
● HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
● If you want us to establish the data's accuracy.
● Where our use of the data is unlawful but you do not want us to erase it.
● Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
● You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Advertising with us Terms & Conditions
All property owners must be verified by emailing us a verification code sent to the property by post.
Porth Holidays take no responsibility for any bookings made directly through your advertisement on our website.
Porth Holidays take no responsibility for third party companies that may contact you after seeing your advertisement on our website.
Porth Holidays are not liable for any damage or complaints made against guests booking through your advertisement on our website.
Accounts will be deleted if found to be misleading or falsely advertising a property
You agree to guests contacting you directly using the details on the page we link your property profile to.
We reserve the right to update and amend our website and all property pages at any time.
Your account will be removed if you are found to be in breach of these terms and conditions
Porth Holidays take no responsibility for any bookings made directly through your advertisement on our website.
Porth Holidays take no responsibility for third party companies that may contact you after seeing your advertisement on our website.
Porth Holidays are not liable for any damage or complaints made against guests booking through your advertisement on our website.
Accounts will be deleted if found to be misleading or falsely advertising a property
You agree to guests contacting you directly using the details on the page we link your property profile to.
We reserve the right to update and amend our website and all property pages at any time.
Your account will be removed if you are found to be in breach of these terms and conditions