Sound Start UK
(Trading as Cornish Holiday)
Terms and Conditions.
Commentary
These terms and conditions have been written with the intention of being honest and fair to all parties and to be as clear as possible so there is no ambiguity with the rights and responsibilities of each party when booking a stay.
It is advised that whenever travelling and staying in a different area, the guest takes out insurance to cover any unforeseen circumstances and cancellation fees.
Key points on Cancellation and Refunds.
If a guest has booked but at the time of their stay and either they or the properties are in lockdown a 100% refund will be given or the dates rescheduled whichever the guest prefers. Please note alternative dates may be at a different rate.
If the properties are open but the guest cannot travel due to restrictions, guidance or legislation then a refund will be given but may incur up to a 10% admin charge depending upon the length of time before the stay. If the dates are re-booked by an alternative guest then 100% refund will be given.
If the guests need to self-isolate prior to their holiday every effort will be made to rearrange alternative dates where possible. If a refund is required this may incur up to a 10% admin charge depending upon the length of time before the stay. Please note alternative dates may be at a different rate.
If guests become ill while at the property, the advice is to travel home as soon as possible. In this instance the property could not be re-let and would need deep cleaning and therefore no refund would be applicable however this is at the discretion of the company. Advice would be to have travel insurance prior to your holiday to cover this risk.
If a booking is cancelled with 14 days or less notice (other than the reasons already stated) no refund would be due.
If a booking is cancelled with greater than 14 days notice then a refund will be given but may incur up to a 10% admin charge depending upon the length of time before the stay.
In the event of WiFi being unavailable or at a reduced speed / standard, the company will endeavour to rectify the problem as soon as possible however this may be out of the companies control and not available for all or part of your stay. In such circumstances unfortunately ‘The Company’ cannot accept claims for refunds, compensation or consequential loss.
Bookings are made and accepted only on the following conditions:
Cornish Holiday is a trading name of Sound Start UK Limited. www.cornishholiday.info (“the Website”) is a website owned and operated by Sound Start UK Limited.
1. Contract and Booking
a) Sound Start UK Limited, trading as Cornish Holiday, hereinafter called "the company", own and let accommodation for holidays. The Contract of Letting is between the guest ("the Guest") and the Owner (The Company). ‘The Company’ means any subsidiary or direct or indirect holding company of the Company from time to time.
b) This agreement is made on the basis that the property ("the Property") is to be occupied by the holidaymakers for a holiday (as per any current legislation) and the Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
c) Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties are subject to the companies discretion and may or may not be allowed and may necessitate special arrangements, (safety / non-refundable deposits may be required). Any pets (if allowed) must be declared at the time of booking and may require confirmation of size, breed and a record of vaccinations if felt appropriate. Some restrictions may be stipulated for pets, such as not entering the bedrooms, being crated at night or similar. These restrictions would be made clear before your stay.
d) No bookings are valid until confirmed by The Company in writing.
e) A property may be located on a Park (“Park”) not managed by the Company and in such an instance Park rules must be adhered to.
2. Deposit
A deposit of 20% of the stay of the cost of the holiday ("Deposit") must accompany the booking request, plus the Booking Fee, if applicable (as detailed at the time of booking). It is best to consider the Booking Fee and Deposit as non-refundable unless the ‘The Company’ is unable to accept the booking. However, this is at the discretion of the company and is dependent upon circumstances, any monies retained will only be to cover costs already incurred by the company.
3. Insurance
a) The Company recommends that Holiday Insurance is taken out when making a booking even when payment is made in full.
4. Balance Payment
a) Once a booking is confirmed by ‘The Company’, the Guest is responsible for the full balance of the cost of the holiday. This shall be paid not later than 2 weeks before the booking is due to commence. This may be subject to change at the discretion of the company.
b) ‘The Company’ reserves the right to re-let any holiday where any monies due are more than 7 days in arrears of the due date, whereupon any monies paid by the Guest over and above any non-refundable deposit & booking fee etc will be refunded. However, if ‘The Company’ is unable to re-let the holiday the Guest will remain liable for the outstanding balance of the cost of the holiday, and (if applicable), the Deposit and the Booking Fee.
5. Holidaymakers' responsibilities and forfeiture
a) Properties are Smoke Free and no smoking is allowed.
b) Properties are Pet free unless otherwise stated and agreed. (Certain properties may allow pets at certain times of the year).
c) The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found.
d) The Holidaymaker must report and pay to ‘The Company’ the cost of any damage or breakages made during their holiday occupancy. The Company reserves the right to make a reasonable charge where guests have contravened the request for their Property to be smoke-free or Pet free.
e) Holiday makers are required to park in the designated areas identified for the property.
f) The Holidaymakers' right to occupy the Property may be forfeited without compensation if:
i. More people or pets than declared to ‘The Company’ at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation;
ii. Overnight guests are entertained without ‘The Companies’ express permission;
iii. Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance; or
iv. Any of the Holidaymakers smoke in or at the Property.
v. Noise and disturbance are considered to affect the enjoyment and comfort of neighbours or other people and properties close by.
vi. Such activities are carried out or take place as to be detrimental to the reputation of ‘The Company’.
6. Government / Park Guidelines, legislation and changes in the law.
a) In the event of a pandemic, war, serious situation or other event as stipulated by the government or other governing body, every guest and person booking and staying MUST adhere to the guidance, advice, rules and laws as laid out and defined. The Company reserves the right not to accept a booking or ask the guests to vacate the property immediately if it is believed the guidance, advice, rules and laws are not being followed. In such circumstances the company reserves the right not to refund any monies. If monies are refunded this is at the complete discretion of the company. For the sake of clarity this includes clothing and face coverings, keeping socially distant as required, mixing with others, household and social bubble sizes along with any other guidance, advice, rules and laws.
b) Guests are expected to conform to all guidance, advice, rules and laws and to do everything possible to keep other households, people, visitors to the area and the local community safe and free from infection, harm, discomfort or anything else which may have an adverse effect on their life, wellbeing and standard of living.
c) In the event of government guidance, advice, rules and laws being broken, where appropriate the company will inform the relevant authorities and forward any such information which is available to them and requested by the authority.
d) If the property is on a Park (not managed by The Company) then the rules of the park must be followed and adhered to. ‘The Company’ reserves the right to ask guest to leave without compensation or refund if Park rules are broken or the Park management request the guests to leave. In such a case any appeal / complaint should be taken up with the Park management.
7. Unavailability of Property
a) In the event of the Property becoming unavailable (such as due to fire or flooding), ‘The Company’ will endeavour to provide the Guest with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. The Company cannot, however, pay any compensation, expenses, payment in lieu or consequential losses as a consequence of such an event.
b) Where the property is located on a park that has other facilities available for guests to use but not managed by ‘The Company’ no responsibility can be accepted if the facilities are not available, hours of opening, or rules and requirements change as these are out of our control. Unfortunately the company cannot pay compensation, expenses, payment in lieu or consequential losses as a consequence of such an event.
8. Cancellations
8.1 In the event of cancellation, Guests may be due a partial refund which is dependent on when notice of cancellation is given before the holiday start date. It is advised that whenever travelling and staying in a different area, the guest takes out insurance to cover any unforeseen circumstances.
The refund is calculated as follows:
• If a guest has booked but at the time of their stay and either they or the properties are in lockdown a 100% refund will be given or the dates rescheduled whichever the guest prefers. Please note alternative dates may be at a different rate.
• If the properties are open but the guest cannot travel due to restrictions, guidance or legislation then a refund will be given but may incur up to a 10% admin charge depending upon the length of time before the stay. If the dates are re-booked by an alternative guest then 100% refund will be given.
• If the guests need to self-isolate prior to their holiday every effort will be made to rearrange alternative dates where possible. If a refund is required, this may incur up to a 10% admin charge depending upon the length of time before the stay. Please note alternative dates may be at a different rate.
• If guests become ill while at the property, the advice is to travel home as soon as possible. In this instance the property could not be re-let and would need deep cleaning and therefore no refund would be applicable however this is at the discretion of the company. Advice would be to have travel insurance prior to your holiday to cover this risk.
• If a booking is cancelled with 14 days or less notice (other than the reasons already stated) no refund would be due.
• If a booking is cancelled with greater than 14 days notice then a refund will be given but may incur up to a 10% admin charge depending upon the length of time before the stay.
If a refund is due it will be paid as soon as possible which is estimated to take around 5 to 10 working days of cancellation.
8.2 Where a Booking has been taken with a deposit which is less than our standard Deposit (of 20% of the total accommodation stay plus Booking Fee), the Guest will, upon cancellation, be liable to pay the difference between the reduced deposit and our standard Deposit.
8.3 For all cancellations, the Deposit, Booking Fee and any extras may be retained, this is at the discretion of the Company dependent upon circumstances and any monies retained will only be to cover costs already incurred by the company.
8.4 ‘The Company’ reserves the right, at the discretion of ‘The Company’ not to accept bookings or cancel bookings at short notice if they so wish.
9. Pets
a) Dogs and Pets are only allowed at Properties where this is specifically stated in the Property description; additional Dog / Pet restrictions may and will be applicable. Please be aware of these and abide by them accordingly.
b) Where Dogs / Pets are allowed, there may be an additional charge per dog / Pet, which will be advertised with stay rates, for each full or part week. You will be informed of the charges at the time of Booking.
c) If you take a Dog / Pet to a Property that states pets are not allowed, or you exceed the stated number/size of dog(s)/ Pet(s), ‘The Company’ has the right to refuse to allow Holidaymakers / Guests to enter or stay in the Property, and/or they may ask the Holidaymakers / Guests to leave the Property before the end of the holiday period.
d) Registered assistance dogs are allowed in all Properties, however the property may not be appropriate so you must notify us of the intended presence of any assistance dogs, with evidence of registration, prior to making a Booking. We will then advise if the property is suitable for the assistance dog and disabled / visually impaired person. In such circumstances deposits will be refunded.
e) If any Holidaymaker / Guest has an allergy to dogs / Pets, please be aware that ‘The Company’ cannot guarantee that an assistance dog / pet has not stayed in a particular Property. The Company cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
f) Young dogs (e.g. puppies) must be declared to The Company at the time of Booking and authorised by The Company. If a young dog / pet is taken to a Property without the consent of the ‘The Company’ this could result in you being asked to leave without compensation. When booking online it is advised you check the acceptance of your pet by telephoning or emailing ‘The Company’ Reservations Department.
g) The following dog / pet terms apply:
i. Dogs / Pets must be under strict control at all times while in or at the Property.
ii. Any fouling must be cleared up without delay;
iii. The dog / pet owner must bring the dog's / Pets bed or basket for sleeping in;
iv. Dogs / Pets to be crated at Night if possible.
v. We ask that Dogs / Pets are not allowed upstairs.
vi. Dogs / Pets must not be left alone in or at the Property or elsewhere at any time;
vii. Dogs / pets must not lie on beds or furnishings, and hair must be cleared up before departing;
viii. Dog / Pet owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur subsequent and additional charges;
ix. You will be liable for any damage caused by your and any Holidaymakers’ dogs / Pets . Any damage is to be reported to ‘The Company’ (or their representative) immediately. Any additional cleaning required, that may incur an additional charge, will be charged following your stay.
x. Unfortunately no dogs must be on the Governments - Dangerous Dog List.
h) If you break the terms of these terms and conditions, ‘The Company’ (including their representative) may notify you that you have broken these terms and may cancel this Booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that they pay an additional reasonable charge.
i) Pets other than dogs may be allowed at ‘The companies’ discretion. This must be approved prior to making a Booking and can be arranged by telephoning the Reservations department; ‘The Company’ has the right to refuse to allow Holidaymakers to enter or stay in the Property or ask Holidaymakers to leave the Property before the end of the holiday period if prior approval has not been given. Additional charges and terms may apply.
10. ‘The Companies’ access to Property
a) ‘The Company’ or their representative, including cleaners etc, shall be allowed access to the Property at any reasonable time during any holiday occupancy.
11. VAT and Insurance Premium Tax (IPT)
a) All prices quoted include VAT and Insurance Premium Tax where applicable at current rates.
12. Complaints procedure
a) In the event of there being cause for complaint concerning a Property, the matter shall be taken up with The Company at once. It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required.
b) In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied The Company /representative / cleaner the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday. Please use the contact numbers provided when contacting The Company. During out-of-office hours, an answer phone facility will be available which will be checked on a regular basis.
c) Every effort will be made to rectify any problems as quickly as possible and during your stay. In the unfortunate event that events are outside the control of ‘The Company’ or cannot be rectified quickly during your stay, unfortunately ‘The Company’ cannot accept claims for compensation or consequential loss.
d) In the event of WiFi being unavailable or at a reduced speed / standard, the company will endeavour to rectify the problem as soon as possible however this may be out of the companies control and not available for all or part of your stay. In such circumstances unfortunately ‘The Company’ cannot accept claims for refunds, compensation or consequential loss.
e) In the event of the Hot Tub being out of action the company will inform you as soon as possible but unfortunately ‘The Company’ cannot accept claims for refunds, compensation or consequential loss. Any reduction (if any at all) in the cost of your stay is solely at the discretion of the company. If your party breaks the Hot Tub during your stay the company reserves the right to charge all costs incurred to repair and make good the Hot Tub.
13. Literature
a) We have compiled the information in our brochure and on our Website as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside The Company’s control, in which case The Company cannot accept responsibility.
b) We make every effort to ensure that the Property details supplied are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Holidaymakers accept that minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to the Holidaymaker's standards. If a facility is particularly important to you, please check with us prior to your booking.
14. Discounts
a) ‘The Company’ has where possible negotiated with other organisations discounts and special offers to be provided to guests staying with us. Discounts are supplied in good faith but we ‘The Company’ advise that the organisations are contacted before visiting to ensure the discount is still valid along with their opening times and any other information you may need to have to ensure an enjoyable visit. Unfortunately, we ‘The Company’ cannot accept any liability or offer any compensation in any way if the discounts are not accepted, the organisation is no longer trading or has changed its rules and pricing policies.
15. Communication with you and data
a) The Company may or may not as part of a booking introduce Holidaymakers to the goods and/or services of third parties. The Company shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the Holidaymaker.
b) Please see our GDPR and Privacy Statement which explains how we will process your personal data. This is available on request or can be found on our website.
c) All electronic data transferred pursuant to these terms and conditions remains the property of The Company or their agents and may not be replicated in part or whole without The Companies prior written permission. Electronic data will not be preserved indefinitely by The Company.
16. Legal
a) Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
The Booking Conditions will apply to all confirmed bookings, and these Terms and Conditions supersede all previous editions.
Terms and Conditions for Independent Holiday Properties Featured by Cornish Holiday
Independent Holiday Properties Featured by Cornish Holiday
Terms and conditions for listing third party independent properties on the Cornish Holiday website. www.cornishholiday.info (the platform)
Please read these Website Advertising Terms before applying to become an Advertiser, as they set out our and your legal rights and obligations in relation to our Advertising Services. You will be asked to agree to these Website Advertising Terms before becoming an Advertiser.
If you have any questions or complaints about our Advertising Services please contact us by writing to Cornish Holiday, 24 Valley Mead, Anna Valley, Andover, Hampshire. SP11 7SB or email [email protected]
Third party properties and independent means properties listed on our website but not owned or managed by Cornish Holiday or Sound Start Uk Limited.
Cornish Holiday is a trading name of Sound Start UK Limited. Company number 12149643 Registered address is Victoria House, 26 Queen Victoria Street, Reading, Berkshire, United Kingdom, RG1 1TG,
Definitions and interpretation
In the Agreement:
"Advertisement" means the advertisement on the Website that is the subject of the Agreement, comprising the Advertiser Content.
"Advertiser " means the person or company identified as such in the letter, fax, text message, WhatsApp, email or other medium under cover of which the Agreement is sent;
"Advertiser Content " means all works, materials, images and content provided by the Advertiser to Cornish Holiday for incorporation into the Advertisement or uploaded by the Advertiser to the Website;
"Advertising Services " means the display of the Advertisement on the Website in accordance with the terms of the Agreement, and any other online facilities.
"Agreement " means the agreement between Cornish Holiday and the Advertiser incorporating these Website Advertising Terms, and any amendments to it from time to time;
"Business Day " means any week day, other than a bank or public holiday in England;
"Charges " means the amounts payable by the Advertiser to Cornish Holiday under or in relation to the Agreement;
"Effective Date " has the meaning of when the content is uploaded onto the website.
"Force Majeure Event " means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus and other malicious software attacks and infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Go Live Date " means the date when the Advertisement is first published on the Website;
"Prohibited Content " means material that: (a) breaches any applicable laws, regulations or legally binding codes; (b) is liable to give rise to a cause of action against any person in any jurisdiction and under any applicable law; (c) infringes any copyright, database rights, moral rights, design rights or other intellectual property right; (d) is defamatory or infringes any right to privacy or breaches data protection legislation; (e) is obscene, indecent, pornographic or lewd material; (f) breaches the Committee on Advertising Practice Code; or (g) is likely to cause annoyance, inconvenience or anxiety to person;
"Term " means the term of the Agreement; and
Key Terms and Conditions for Third-Party Holiday Homes
www.cornishholiday.info is purely an advertising platform, it is not the owner, agents or the lease holder of the properties.
The owners are responsible for the information being accurate and upto date, along with photos, descriptions, webs addresses, emails phone numbers and any other information supplied. This is NOT the responsibility of Cornish Holiday.
It is the owners responsibility to ensure that any changes to the information or pictures, additions, deletions etc are the responsibility of the owner and should be communicated to Cornish Holiday as soon as possible. It is also the responsibility of the owner to ensure that the information has been changed correctly and is accurate at all times.
• Disclaimer of Liability: The website acts only as an advertising platform and is not responsible for the safety, quality, legality, or condition of the properties. Cornish Holiday disclaim liability for any losses, damages, or disputes arising between the traveller and the property owner. It is the responsibility of the owner to respond to and satisfy any disputes that arise, whether this is to do with the way the property is described, the standard of property, or the booking process. Cornish Holiday accept NO responsibility for this.
• Property Owner Responsibility: Owners (advertisers) must guarantee the accuracy of their listings, including descriptions, photos, amenities, and pricing. They must indemnify the website against any claims arising from misleading information.
• Content Accuracy and Management: The platform reserves the right to edit, update, or remove listings at its discretion, particularly if information is inaccurate or does not meet quality standards.
• Availability and Bookings: Owners are responsible for maintaining an accurate, up-to-date availability calendar, ensuring dates are not double booked and that the guests have a pleasurable experience when booking.
• Booking Contract: The contract for the holiday let is exclusively between the traveller and the property owner, not the website or Cornish Holiday.
• Accuracy of Information: While the platform aims to ensure accuracy, it does not guarantee that information provided by third parties is free from errors.
• Complaints Procedure: Instructions for users to report issues with listings, typically requiring complaints to be made within a short timeframe (e.g., 24 hours of arrival) must be readily available to the traveller and directly to the advertiser (property owner)
• Updates to Terms: The platform reserves the right to amend these terms at any time.
• Cornish Holiday (The Platform) reserves the right to charge for advertising on their website and to review and amend this at any time giving one months notice to the advertiser.
• Payment is to be made on a monthly basis by Standing Order, taken at time of going live and each month thereafter. and the advertiser is free to request removal of their listing at any time giving one months notice and giving with any charges ceasing the following month.
The Agreement
The Agreement will come into force upon the earlier of: (a) Cornish Holiday receiving the Advertiser/'s written acceptance of the Agreement (whether by email, fax or otherwise); (b) the Advertiser accepting the terms of the Agreement on the Website; or (c) the Advertiser making the first payment to Cornish Holiday in respect of the Advertisement, providing such receipt, acceptance or payment takes place not more than 30 days following the date of issue of the Agreement to the Advertiser (the "Effective Date ").
The Agreement will continue in force indefinitely, unless and until terminated.
Advertising Services
The Advertiser must provide to Cornish Holiday (a) such information as is reasonably required to compose the Cornish Holiday Content for the Advertisement.
Where the Advertiser is invited to give its consent to the content of the Advertisement, the Advertiser must act reasonably in doing so, and must not unreasonably delay the giving of such consent. Cornish Holiday cannot be held liable for delays due to the delayed supply of content.
Subject to the Advertiser's compliance Cornish Holiday will: (a) provide the Advertising Services as laid out in its communications to the Advertiser during the Term; and (b) use reasonable endeavours to publish the Advertisement on the Website within a reasonable period (being no more than 30 days) following the receipt of all consents, information and Advertiser Content required for the Advertisement.
The Advertiser grants to Cornish Holiday a non-exclusive, worldwide, royalty-free licence to copy and store the Advertiser Content for the purposes of the Agreement and to publish the Advertiser Content on the Website. The Advertiser also grants to Cornish Holiday a right to bring proceedings and recover damages and benefit from any other legal remedy in respect of any infringement by any third party of the intellectual property rights in the Advertiser Content.
Where the Advertiser wishes to make changes to the Advertisement, the Advertiser must contact Cornish Holiday in respect of the changes and Cornish Holiday will use reasonable endeavours to implement the changes within a reasonable period (being no more than 30 days) following the Advertiser's request and receipt of relevant information to make the change possible.
Cornish Holiday reserves the right to edit, suspend or remove the Advertiser Content from the Website at any time without notifying the Advertiser.
The Advertiser undertakes: (a) to ensure that all Advertiser Content is accurate and fair; (b) to ensure that the Advertiser Content does not consist of, contain, or link to any Prohibited Content; (c) to ensure that any photographic Advertiser Content does not include any identifiable individual; (d) to ensure that where testimonials or other materials (photos, text, emails, webs addresses and social media links etc) provided by a third party are published on the Website, the Advertiser has full authority and permissions to use and grant to Cornish Holiday the right to publish those materials in accordance with the terms of this Agreement; (e) promptly to request the removal or editing of any Advertiser Content which ceases to be accurate and fair, or becomes Prohibited Content, for whatever reason; and (f) to ensure that the Advertiser Content is of a quality commensurate with the content published on the Website generally.
The Advertiser acknowledges that Cornish Holiday is not responsible for any inaccuracies contained in the Advertiser Content and Cornish Holiday does not audit or verify the correctness of the Advertiser Content.
The Advertiser acknowledges that it is the Advertiser's responsibility to monitor and manage any enquiries the Advertiser receives in respect of the advertised property (including through the Advertiser's booking and enquiry facility if this is or is not possible), and that it is the Advertiser's responsibility to ensure that no enquiries in respect of the advertised property are blocked by the Advertiser's spam filters or double bookings. Cornish Holiday will not be liable for any loss or damage arising out of any failure to observe the requirements of this Clause.
Cornish Holiday will use reasonable endeavours to maintain the availability of the Website and the availability of the published Advertisement during the relevant period (subject to scheduled or ad hoc maintenance and any Force Majeure Event affecting Cornish Holiday website or appointed hosting service provider but Cornish Holiday does not guarantee 24/7 availability.
Cornish Holiday does not warrant or guarantee that advertisements will receive any hits or enquiries, that customers are bona fide, or that customers will pay for properties rented. Cornish Holiday has no responsibility to become involved in any way in any dispute between the Advertiser and any customer. Cornish Holiday will not be liable for any loss or damage caused by any customer of the Advertiser.
The Advertiser acknowledges that Cornish Holiday will not keep a back-up of any data, information or bookings, and that the Advertiser will be responsible for keeping a separate record of such bookings, data. And information.
Charges and payment
The Advertisers will pay to Cornish Holiday the agreed monthly amount by monthly standing order.
The amounts of the Charges are as stated and agreed in any communication between the advertiser and Cornish Holiday, or such other amounts as Cornish Holiday may notify to the Advertiser in advance in writing. This must be paid within 30 days of the advert going live.
All Charges stated in or in relation to the Agreement are stated exclusive of VAT, unless the context requires otherwise, and VAT will be payable by the Advertiser in addition to the principal amounts.
Where the Advertiser fails to make payments Cornish Holiday may (without prejudice to its other rights under the Agreement or otherwise) suspend the provision of the Advertising Services until such time as the Advertiser pays the outstanding Charges.
Warranties
The Advertiser warrants to Cornish Holiday that it has the legal right and authority to enter into and perform its obligations under the Agreement.
Cornish Holiday warrants to the Advertiser: (a) that it has the legal right and authority to enter into and perform its obligations under the Agreement; and (b) that it will perform the Advertising Services under the Agreement with reasonable care and skill.
All of the parties' liabilities and obligations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
Intellectual Property Rights
The Advertiser acknowledges that Cornish Holiday is the sole owner of all intellectual property rights in the Cornish Holiday Content, and that Cornish Holiday does not grant a licence to the Advertiser to use the Cornish Holiday Content.
Cornish Holiday acknowledges that the Advertiser and its licensors are the owners of all intellectual property rights in the Advertiser Content, and that the only licence granted by the Advertiser to Cornish Holiday to use the Advertiser Content is that set out in this Agreement.
Indemnity
The Advertiser will indemnify Cornish Holiday and will keep Cornish Holiday indemnified against all damages, losses and expenses (including legal expenses) arising as a result of any breach by the Advertiser of the Agreement.
Limitations and exclusions of liability
Nothing in the Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this agreement govern all liabilities arising under the Agreement or in relation to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Cornish Holiday will not be liable in respect of any loss of profits, income, revenue, or anticipated savings.
Cornish Holiday will not be liable for any loss of business, contracts or commercial opportunities.
Cornish Holiday will not be liable for any loss of or damage to goodwill or reputation.
Cornish Holiday will not be liable for any losses arising out of a Force Majeure Event.
Cornish Holiday will not be liable for any losses of or damage to data or information (including booking data relating to an Advertisement stored on the Website).
Cornish Holiday liability in relation to any event or series of related events will not exceed the total amount paid or (if greater) payable by the Advertiser to Cornish Holiday under the Agreement during the 12 month period immediately preceding the event or events giving rise to the claim.
Termination
Either party may terminate the Agreement at any time by giving written notice to the other party.
Either party may terminate the Agreement immediately by giving written notice to the other party if the other party commits any breach of any term of the Agreement.
This Agreement will terminate automatically if the Advertiser fails to pay any Charges by their due date for payment.
Either party may terminate the Agreement immediately by giving written notice to the other party if:
(a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
Effects of termination
Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely)
Termination of the Agreement will not affect either party's accrued liabilities and rights (including accrued rights to be paid) as at the date of termination.
If the Agreement is terminated by Cornish Holiday, or by the Advertiser the Advertiser will be entitled to a refund of any amounts paid to Independent Cottages under the Agreement in respect of the Advertising Services which were to have been provided after the effective date of termination. Such amount will be calculated by Cornish Holiday using any reasonable methodology.
Save as provided, the Advertiser will not upon the termination of the Agreement be entitled to any refunds of Charges or released from any liability to pay Charges in respect of any 12 month period of Advertising Services commencing before the date of effective termination.
General
No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect.
The Agreement may not be varied except by a written document agreed by or on behalf of each of the parties.
Cornish Holiday may freely assign its rights and obligations under the Agreement without the Advertiser's consent to any affiliate of Cornish Holiday or any successor to all or a substantial part of the business of Cornish Holiday from time to time. The Advertiser may not without the prior written consent of Cornish Holiday assign, transfer, charge, license or otherwise dispose of or deal in the Agreement or any rights or obligations under the Agreement.
The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
The Agreement constitutes the entire agreement and understanding of the parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Agreement. Each party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other party.
The Agreement will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement.