For Covid-related conditions and refunds, please see our Post Covid Policy 2022.
This page tells you all about the Terms and Conditions of your holiday rental.
Please read it carefully.
We think it’s important for you to understand exactly what you’ve signed up to and what to expect if things don’t go according to plan.
These terms are between you and us.
When the following words with capital letters are used in these Terms, this is what they will mean:
Amendment Fee – a fee of £50 including VAT payable in the event that we allow you to amend your Booking.
Arrival Date – the date (and time) on which your Booking will begin and the Property will be made available to you.
Balance Due Date – 8 weeks (56 days) before your Arrival Date, except in circumstances where Booking Confirmation is issued less than 8 weeks (56 days) days before the Arrival Date (in which case the balance is due upon Booking).
Booking Deposit – 25% of the total Booking Price, required from you when making the Booking to secure the Property for the duration of the Booking.
Booking Price – the total price as charged to you for the Booking including any additional charges as set out on the Website or otherwise notified to you when making a Booking.
Business Day – a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Contact Details – the details found on the Contact Us page of our Website.
Departure Date – the date (and time) on which your Booking will end and you must vacate the Property.
Electric Vehicle Policy – a separate document that will be supplied to you.
Events Outside of the parties Control – as defined in clause 11.
Property Rules – specific restrictions applicable to a Property as detailed on the Website.
(we/our/us) – P & R O’Brien T/A Gitcome whose office is at Gitcombe House County Cottages, Cornworthy, Nr Dartmouth, South Devon, TQ9 7HH and their nominated representatives.
When we use the words “writing” or “written” in these Terms, this will include email but excludes fax.
Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date and time, number of guests etc) and within these Terms are complete and accurate before you submit the Booking Reservation. If you think that there is a mistake within these Terms or that these Terms require any changes, please contact us to discuss. We will confirm any changes to these Terms in writing to avoid any confusion between you and us.
If you have booked the Property through an online travel agent, the agent may have different terms which will also apply. Please ensure you are familiar with both the online travel agent’s terms and our Terms and Property Rules. Where our Terms and the terms of the online travel agent conflict, the online travel agent’s terms will take priority. Please note that where you have paid an online travel agent, no payment is due under these Terms unless charges for extras are applicable.
Once you submit a Booking Reservation to us and pay the Booking Deposit (or the full Booking Price if the Booking Reservation is made within 8 weeks (56 days) days of the Arrival Date) we will send you a Booking Confirmation email (or letter in the post, if you do not have or have not provided an email address).
These Terms will become binding between us once we issue you with the Booking Confirmation. If you have booked through an online travel agent, the reservation system may automatically generate a booking summary to be emailed to you. This does not form a contract between us. These Terms become binding once you receive our Booking Confirmation.
If any of these Terms conflict with any term contained within the Booking Reservation, the Booking Confirmation, or the Property Rules, these Terms will take priority.
We reserve the right to refuse Bookings we no longer wish to take within 1 week of issuing the Booking Confirmation. Any Bookings that are refused within this time will be refunded any monies paid to date in full.
The maximum number of people who can stay in the Property will be notified to you on the Website. You guarantee that you will not exceed that number. Visitors are welcome during the day with our prior permission (Day Visitors). We will require the names of any Day Visitors who we have approved. Day Visitors are not permitted to use any of the leisure facilities at the Property. Overnight visitors are not permitted. Additional camp beds, tents, caravans, and camper vans are not permitted on site.
We do not accept hen or stag parties and we reserve a right to refuse to issue any Booking Confirmation at our discretion.
You agree not to arrive at the Property before the Arrival Date and to depart from the Property on or before the Departure Date. The Property will not be available at any time outside of the times reserved by you. You must not arrive before 4pm on your Arrival Date and must have vacated the Property by no later than 9:30am on your Departure Date. We reserve the right to make an additional charge in the event that you have not left the Property by the agreed Departure Date.
Any illustrations, photographs and other imagery displayed are for illustrative purposes only and are subject to change and no warranty or other representation is made as to the quality of the Property by us via the Website.
You confirm that the individual making the Booking Reservation is over the age of 18. There must be at least 1 adult over the age of 18 in the booking party.
The Property shall be used only by you and your party as detailed on the Booking Reservation. We require the names of all members of your party at the time of making the Booking. You agree that you will not sub-let the Property.
The Property is provided for holiday letting purpose only for the specified period as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any:
We may revise these Terms from time to time in the following circumstances:
If we have to revise these Terms under clause 3.1, we will give you at least 14 days written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
If you wish to change the dates of your Booking or amend your Booking in anyway, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price. We reserve the right to charge an Amendment Fee for changes made to the Booking.
We will supply the Property to you for the period set out in the Booking Confirmation.
Access to the Property is subject to your adherence to these Terms and the Property Rules.
We will make every effort to make the Property available to you on time. However, there may be delays due to an Event Outside of the Parties Control. See clause 11 for our responsibilities when an Event Outside of the Parties Control happens.
If you do not pay us for your Booking when you are due to, access to the Property will not be permitted and the Booking will be cancelled.
You shall take proper care of the Property and its contents during your Booking and may lose your Security Deposit and/or receive an invoice for any damage caused or loss suffered if the Property and its contents are not left in the same state in which it is found at your Arrival Date.
Any Property Rules provided to you via the Website, shall be incorporated into these Terms and breach of any of the Property Rules will be treated as a breach that entitles us to cancel the contract. Any breach of these Terms or the Property Rules will be subject to a minimum charge of £30 including VAT per person or the value of any loss of damage, whichever is higher. At our discretion, we may request immediate departure from the Property without refund.
The keys to the Property will be made available to you on the Arrival Date. If you lose or damage a set of keys, we will invoice you the cost of the replacement. Failure to return the keys before or on the Departure Date will result in further charges.
If the duration of your Booking is longer than 7 nights, our housekeeping team will need access to the Property to complete an interim clean. We will contact you directly to make arrangements.
No smoking or vaping is permitted in the Property. If it is evident that smoking or vaping has occurred within the Property during your Booking, you will be asked to vacate the Property immediately and will be liable for any costs incurred deep cleaning, redecorating and cancelling all or part of any subsequent bookings if the Property has been rendered uninhabitable.
No naked flames, bonfires, firepits, fireworks or any type of sky lanterns are permitted in or around the Property.
Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity.
If you wish to have a third party to provide services on the Property premises, this will only be allowed where we have provided written approval of such third parties ahead of the Arrival Date, or where we have an existing relationship with the third party and have promoted their services on our website. Any third party will be bound by the Property Rules and must carry suitable levels of insurance. Please contact us using the Contact Details to discuss any such third party.
Any recommendations made on our Website or in our documents are our personal recommendations only and do not guarantee any level of service or quality.
Upon your arrival, please notify us of any defects within the first 24 hours. Thereafter you will be deemed to have accepted the condition of the Property.
Please ensure you are familiar with the Property’s location and that the Property is suitable for your needs.
Please respect the surrounding properties during your stay. You must also comply with any applicable laws and rules throughout your Booking, including but not limited to The Countryside Code.
You are encouraged to enjoy the Property and grounds, including making use of the facilities. Your use and enjoyment of the Property and grounds must be solely in accordance with these Terms, the Property Rules and/or any signage or instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.
The Guest acknowledges that it is the lead member of the booking party and shall be responsible for ensuring the compliance of the whole booking party with these Terms, the Property Rules and/or our signage or instructions. Children must be supervised within the Property’s grounds.
You acknowledge and accept that no parties are permitted at the Property and any music must be kept at a respectful level. Any outdoor music must be turned off by 10pm.
There is an electric vehicle charging point at the Property to be used for charging electric vehicles only. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’) to charge your vehicle from a socket at the Property. The Electric Vehicle Policy applies.
We reserve the right to request your immediate departure without refund where you have in our discretion acted unreasonably and in a manner which may impair the enjoyment, comfort or health of others, including but not limited to breaching clause 4.18 and/or clause 4.19 and/or clause 4.20.
We, or an authorised representative or agent acting on our behalf (including but not limited to tradespeople) reserve the right to enter the Property at all reasonable times for the purpose of inspection or to carry out any repair deemed necessary to the Property and its contents.
All belongings and vehicles are left at the Property at your own risk. Please ensure all belongings are removed by the Departure Date as the return of any lost property cannot be guaranteed and will incur charges. Any items left at the Property will be held for 14 days. If the Owners are asked to return items left at the Property, you will be charged the cost of postage and packaging.
We do not allow pets in the Property with the exception of assistance dogs.
Where pets have been brought with you for the Booking, we reserve the right to request immediate departure and/or charge for any damage caused and deep cleaning required as a result.
We are not liable for any allergies that are affected as a result of any assistance dogs that have been present in previous occupancy.
The Booking Price will be set out on the Website, at the time of submitting your Booking Reservation and as detailed in your Booking Confirmation.
All Payments may be made by BACS transfer (please use your surname and booking number as the reference on all BACS payments), debit card or credit card. We do not accept payments by cheque or cash.
The Bank details are as follows:
P & R O’Brien T/A Gitcombe
Sort code: 30-98-75
Account Number: 44630260
Where VAT is chargeable, it is included in the sums given.
Where your Booking Reservation is more than 8 weeks (56 days) from the Arrival Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.
Where your Booking Reservation is made with less than 8 weeks (56 days) before the Arrival Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.
We will notify you before the Balance Due Date that payment is due. If payment is not received we will try and contact you. If we cannot contact you or you do not make any payment due to us by the Balance Due Date for payment, we will treat the non-payment as your cancellation of the Booking and therefore termination of this contract. In these circumstances, your rights to a refund are set out in clause 9.
As a consumer, you have legal rights in relation to your Booking where it is not offered to you with reasonable skill and care, or if the service provided to you is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. However we ask that you contact us in the first instance using our Contact Details.
No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit any liability which cannot be excluded or limited by law.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.
We only supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not have any responsibility or liability to you (other than as outlined above) for loss of or damage to any of your items, belongings, pets or vehicles, howsoever caused.
We strongly recommend that you take an appropriate travel insurance policy before placing your Booking Reservation.
You may cancel a Booking before the Arrival Date by contacting us using the Contact Details. All cancellations will be subject to the following payment obligations dependant on the amount of time before the Arrival Date:
Up to 8 weeks (56 days) before the Arrival Date
Less than 8 weeks before the Arrival Date
You are required to pay the total Booking Price.
For example, if you make your Booking on 1st May with the Arrival Date of 1st August at a total cost of £1,000 and cancel your Booking on 5th June, you will be required to pay £250, being the 25% Booking Deposit. All other monies paid (if any) will be refunded.
If you make your Booking on 1st May with the Arrival Date of 1st August at a total cost of £1,000 and cancel your Booking on 1st July, you will be required to pay the total Booking Price, being £1,000.
We will confirm your cancellation with you in writing and notify you of any payment or refund due to you at that time.
Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to Covid19, and any other endemic disease), this will be treated as a cancellation by you and not an Event Outside the Parties Control (Clause 11). We strongly recommend you consider insurance for this potential eventuality.
If you need to cancel your Booking, we will try and re–let the Property. If we are able to re-let the Property, we will refund money paid, subject to any difference in price between the Booking Price and the re-let price, and subject to an Amendment Fee. If we are unable to re-let the Property, the cancellation mechanism in clause 9.2 will apply.
If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation and will not be refundable.
Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under clause 3.1 and you elect to cancel the contract (except where we have been affected by an Event Outside of the Parties Control), you do not have to make any payment to us and we will refund any monies paid in full.
Any refunds will take up to 10 working days to be processed from the point of agreement.
We may have to cancel a Booking before the Arrival Date of your Booking due to an Event Outside of the Parties Control. We will promptly contact you if this happens.
If we have to cancel a Booking under clause 10.1 and you have made any payment in advance for your Booking that have not been provided to you, we will refund these amounts to you in full.
We may cancel the contract for your Booking at any time with immediate effect by giving you written notice if you:
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. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one month, the party not affected may terminate this agreement by giving 5 Business Days written notice to the affected party.
An Event Outside our Control includes, but is not limited to: strike, civil unrest, civil emergencies, government prohibition or restriction on all or part of the economy or trade including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests or utilities failure or interruption.
Weather will only be included as an Event Outside of the Parties Control where a red weather warning in respect of snow, ice and/or wind has been issued by the Met Office for the Property area.
In the event of a pandemic, epidemic or restriction of the movement of peoples as dictated by the government or public authority, we reserve the right to issue specific terms at such a time via the Website and will communicate this to you via the contact details provided us.
For the avoidance of doubt, illness and/or self-isolation due to Covid19 and/or showing symptoms of Covid19 and/or any other endemic disease will be treated as a cancellation by you and not an Event Outside the Parties Control.
Should any event or circumstance beyond our reasonable control occur which means the Property cannot be provided to you, we will let you know as soon as possible so alternative accommodation and/or a refund can be arranged for you.
We will use the personal information you provide to us to:
We may transfer our rights and obligations under these Terms to another individual, but this will not affect your rights or our obligations under these Terms.
Except for you (the Guest) and us, no other person shall have any rights to enforce any of these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you (or if we delay in doing so) that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.