Terms & conditions

Introduction and acceptance

These terms of use apply to our website and by accessing it you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Version 1.3
last modified 24/10/2019

 

Who are we?

We are Vay-Cays. We operate a platform upon which our owners advertise they hire of their properties for the intention of short stay holiday accommodation on a self-catering basis only.

All references to “we” “our” “us” or “company” within these terms of use are deemed to refer to Vay-Cays.

Our registered office is Unit 9b Pentire Workshops, Delabole, Cornwall, United Kingdom, PL33 9BA.

 

User eligibility

In order to use our website you confirm that you are aged 18 or above and have a legal responsibility to use our website in accordance with our terms. You are solely responsible for ensuring that all persons who use this website through your internet connection are of legal age and aware of their responsibilities to adhere to these terms.

You are responsible for all charges, fees and other sums money which are agreed through your use of this website.

 

Modifications

We may amend these terms at any time. Each time you use our website, you are invited check these terms to ensure you understand and agree to all terms that apply at that time.

We update and change the content of our website often at our discretion, to reflect changes to our products and services our users’ needs and our business priorities, amongst other things.

 

Availability of our site

We may reduce or withdraw availability if our website, for maintenance or other circumstances. Therefor it is not possible to ensure the availability of any information on our website.

 

Information on our site

The information provided within our website is solely for information purposes and does not represent any opinions of legal or professional bodies.

You should not act on any information provided by our site before seeking professional or specialist advice.

We make every effort to ensure that our website is current and correct, however it is possible that information may have changed since being published in the website. The website may also contain technical and typographical errors.

We have the right to change the prices of holiday arrangements featured or mentioned on our website at any time without prior notice. If a price is obviously incorrect we will not be bound by it. You must ensure you check all details of the chosen holiday or travel arrangements (including the price) with us at the time of booking.

 

Use of content

Vay-Cays Owns the licence to this website and all information held on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print a copy or download parts of or pages from our website for your own personal and non-commercial use.

You are not permitted to make changes to any paper or digital copies of content found within this site. You do not have authority to use part or all of any photo, text or audio information used within this website.

You are forbidden from using information or content within this website for commercial reasons, without prior written consent being granted by our licensees.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Third party content

This website may contain third party content. Vay-Cays Do not condone or support this information which will have been supplied for information only and not a recommendation from the company.

 

Limitation of liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

No guarantees, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on our website or as to the nature, standard, suitability or otherwise of any products or services offered by us or on our behalf. Except as set out above, we shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with our website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained on our website or any inability to access or use them (or delay in doing so).

If any exclusions or limitations contained in these terms are found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose, that exclusion or limitation, or the part in question, shall be deemed severable and omitted from these terms for that purpose. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these terms.
How are permitted to use your personal details in accordance with our privacy statement

 

Which country’s laws apply

These terms of use, their subject matter and their 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 and Wales.

VAY-CAYS HOLIDAYS Ltd TERMS & CONDITIONS
Owner / Holiday Customer Agreement
Booking Terms and Conditions

1. Preliminary
1.1 These Booking Terms and Conditions form the basis of your Agreement so please read them carefully. You are deemed to have read, understood and agreed these Terms and Conditions at the time you make a Reservation Request with us. Your Statutory Rights are not however affected.
1.2 By completing and returning the Booking Form, and on receipt of a Booking Confirmation Receipt from us, you enter into a binding contract with the owner of the Holiday Property you agree to let.
1.3 At all material times, Vay-Cays Holiday act as Agent for, and on behalf of the owner of the Holiday Property.
1.4 Definitions of words used herein are given at the end of this document.
1.5 By booking with Vay-Cays you agree to be added to our mailing list. Should you wish to unsubscribe you can do so by clicking on the ‘unsubscribe’ link in the email.

2. Bookings and Payments
2.1 Following receipt of a Reservation Request from you, via email, phone or through our website we shall check the availability of the Holiday Property and if so, we shall communicate that availability to you. To confirm the reservation, a payment must be received within a period of 24 hours from receipt of your provisional booking confirmation, failing which, the reservation will lapse.
2.2 Upon receipt of the Provisional Booking Confirmation/Booking Accepted email, you agree to pay EITHER an Initial Deposit for the Holiday Letting Fee as set out on our website and / or any invoice or request for payment we send to you OR If your booking is within 60 days of your arrival date you agree to pay the full balance of the Holiday Letting Fee and the security deposit in full.
2.3 The balance of the Letting Fee (if any) and the Security Deposit must, in any event be paid by you no later than 8 weeks prior to your Arrival Date.
2.4 Letting Fees in respect of properties outside the UK are based on exchange rates at the date on which they are set. If changes in exchanges rates result in an effective increase in excess of 5% of the Letting Fee we reserve the right to charge a surcharge, for which an invoice shall be issued to you. The surcharge must be paid with the balance of the Letting Fee or within 14 days of the surcharge invoice, whichever is the later.
2.5 All payments by you must be made in pounds sterling and can be made via debit/credit card. It is not possible for us to accept payment in the form of a cheque Should any payment by you be declined or dishonoured then we reserve the right to make a charge to you for any charges we incur as a result.
2.6 The Agent reserves the right to correct any error in advertised and/or confirmed prices.
2.7 The Agent does not accept post-dated cheques as a form of security deposit.
2.8 There will be no charges for payments made by debit or credit card.
2.9 No payments shall be accepted via cheque whatsoever.
2.10 It is at Vay-Cays and the property owner’s discretion as to whether Sunday arrival and departure days can be accepted and when possible owners may charge a £25 fee for each arrival/departure day falling on a Sunday.

3. Acceptance of your Booking
3.1 On receipt of the Booking Form and payment, we will send you a Booking Confirmation/Payment Received confirmation. A Booking is not complete until such time as we send this out. You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions. At this stage it is important that you have supplied us with the full names of party members and ages if under the age of 25.
3.2. We reserve the right to decline a Booking, notwithstanding receipt of a Booking Form and payment, in which circumstances, payment will be returned to you within 7 days of our declining such booking. In considering whether to accept a Booking, it should be noted that our business is designed to offer accommodation for family holidays and it is our general Policy to decline Bookings from same sex groups and groups where parties are largely comprised of people under the age of 25 years.
3.3 The lead guest whose name the booking is under must be over the age of 18 and be a member of the party occupying the property for the full duration of the holiday.

4. Amendment and / or cancellation of the Booking by you
4. 1 If you need to amend your Booking, then you must contact us by telephone or email with details. We will use our best endeavours to accommodate your wishes, but provide no guarantee that we will be able to do so. When a transfer of a booking is possible, an administration fee of £35.00 will apply.
4.2 Should you require to cancel you booking within 24hrs of the booking being made, you will be entitled to a full refund including the booking fee as long as the cancellation is more that 6 weeks prior to check-in.
4.3 Should you require to cancel your booking after 24 hours from the booking being made; and more than 6 weeks prior to arrival you will be entitled to a full refund minus the booking deposit of 25%.
4.4 Within 6 weeks of booked arrival date, all bookings are non refundable.
4.5 In the event of a cancellation after a booking is amended, the cancelation window will be based on the start date of the original booking or the amended booking, whichever is earliest.
4.6 In the event of cancellation or amendment, we will refund any money due to you within 14 working days.

5. Amendment and / or cancellation of Booking by us
5.1 We reserve the right to cancel the Holiday Letting if any money you are contractually liable to pay is not paid within 7 days of the date such payment falls due. In these circumstances, we will serve Notice of Cancellation on you and any initial Deposit or other monies paid by you will be non-refundable.
5.2 Whilst we would not otherwise expect to have to make any amendments to your booking, or cancel your booking, we reserve the right to do so, in which circumstances we will advise you in writing of any amendments or serve Notice of Cancellation.
5.3 In the event of cancellation of your booking, we will endeavour to offer you an alternative Holiday Letting but if that is not possible, we will refund any money paid you within 14 working days of such Notice being served by us.
5.4 Force Majeure. No liability can be accepted by us or the owner of the Holiday Property for any loss, damage, disappointment, inconvenience or injury caused, or where the performance or prompt performance of any obligations by us or the owner of the Holiday Property are prevented or affected by any event which could not have been reasonably foreseen or avoided, including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, closure of borders, disease, non availability of transport services, interruption to services / utilities and all similar events outside our control or that of the Property Owner

6. Arrival and Departure
6.1 You can arrive at the Holiday Property between 1600 hours and 2359 hours on the Arrival Date and you must leave by 10:00 hours on the Departure Date. In exceptional circumstances housekeepers or owners may have to continue to prepare the property after the designated arrival time. Your patience is appreciated in order to achieve the high standards that are expected.
6.2 If your arrival at the Holiday Property is, or is likely to be delayed beyond 2359 hours you must contact the person whose details are given on our Booking Confirmation Receipt so that alternative arrangements can be made. If you fail to do this, you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the booking as having been cancelled by you.

7. Pets
7.1 You may only bring pets to the Holiday Property where you have mentioned them on the Booking Form and we have agreed that this is acceptable, and where the necessary charges and additional security deposit (per dog) have been paid. With the exception of Guide Dogs, pets are only allowed at Holiday Properties where such properties have been advertised as “pet friendly”. You are required to follow rules on the quantity, size and type of pet accepted at the Holiday Property and it is your duty to advise us how many and what kind of pets you intend to take and to obtain our consent for this. A failure to follow these rules can be considered a serious breach of the Agreement between the parties and we will be entitled to either refuse to allow you to take possession of the Holiday Property or to require you to vacate it immediately without compensation.
7.2 Where pets are allowed you must :
(a) Always clear up after your pets and remove all trace (both interior and exterior) of the Holiday Property of your pets having been present before you leave, failing which we may retain your security deposit ( a minimum removal charge of £10 per ‘mess’ left in the gardens).
(b) not allow pets on furniture, in any bedrooms, children’s play areas or in swimming pools/hot tubs
(c) a dog basket/bed/cage must be provided by you for the duration of your holiday
(d) dogs must be free from fleas and other parasites well before their stay. Failure to ensure this is the case will result in an additional charge.
7.3 Not allow pets to disturb neighbours of adjoining properties.
7.4 Keep pets on a lead (or otherwise under control) within the external boundaries of the property, including gardens;
7.5 Not leave pets on their own within the Holiday Property or gardens
7.6 Where properties are shown as not being pet friendly there is no guarantee a pet has not entered the property at any time and does not indicate the property is pet free. Please contact Vay-Cays if you have any allergies.
7.7 Some properties are described as having an enclosed garden, please contact us as this does not guarantee it is escape proof.

8. Your obligations under the Letting Agreement
8.1 You agree to comply with the following terms and conditions and any other rules reasonably made from time to time and ensure that they are observed by all members of your party. The lead guests agrees to take full responsibility for all the members of the party:
(a) to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition;
(b) not to cause any damage to the walls, doors or windows of the Property, nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties (including the use of any fireworks or similar);
(c) to take all necessary steps to safeguard your personal property. No liability is accepted in respect of damage to or loss of such property.
(d) to consider ensuring that each member of your party is covered by appropriate comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage);
(e) not to allow more people to stay in the Holiday Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Holiday Property, nor can you take your pet into the Holiday Property unless it has been arranged in advance and it is shown on your confirmation. Nor can you add significant changes to the property, or add equipment to the property during your stay (including tents, caravans, marquees and hot tubs). If you do so, we can refuse to hand over the Property to you, or can require you to vacate it. We will treat any of these circumstances as a material breach of the Holiday Booking entitling to us cancel of the booking by you forthwith;
(f) to allow us or any of our representatives or contractors access at any reasonable time to the Holiday Property during your stay for the purpose of essential repairs and maintenance (including window cleaners and gardeners).
(g) to ensure the property keys are accessible in the key safe at all times you are out the property with the keycode remaining the same configuration as your arrival. Failure to do so will result in an additional charge.
(h) not to allow any smoking (including e-cigarettes) or any illegal activity to be undertaken
(i) should there be any health or mobility difficulties within your party, this needs to be reported to us prior to confirming the booking so that we can access suitability. If a property states a lift is available, we cannot be held responsible for mechanical breakdown/failure.
(j) one hand Please ensure that these are not removed from the property and not taken to the beach.
(k) not to sub-let or re-let the property/holiday
8.2 You are liable for the cost of replacing any items within the Holiday Property that are broken accidentally or otherwise, unless it can be shown that such breakage was caused as a result of fair wear and tear or other justifiable reason.

9. Complaints
9.1. Every effort has been made to ensure that your Holiday Property helps to provide an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. In that respect:
(a) It is essential that you contact us if any problem arises so that it can be investigated fully. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussions with us whilst you are in residence will usually enable issues to be rectified straightaway. In particular, complaints of a transient nature (for example, preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence;
(b) If any complaint cannot be resolved during your holiday, you must write to us with full details within 14 days of the end of it whereupon we will we investigate and respond within 14 days thereafter. In no circumstances will compensation be considered for complains raised after the holiday has ended, when Vay-Cays have been denied the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
(c) Please use the main Vay-Cays telephone number when you need to contact us during your stay. If no one is available an answerphone will be which is checked regularly.
(d) Neither Vay-Cays or the owners of the property accept responsibility for any work that takes place outside the property boundaries, or noise or nuisance resulting from a third party activity over which Vay-Cays or the owners, have no control.

10. Our / Holiday Property Owners’ liability
10.1 The details relating to the Holiday property advertised on our website and any other publications were correct at the time of being posted or going to print. No liability is accepted for any minor differences in the property description that may have arisen thereafter. In the unlikely event of a material change(s) to the Holiday Property as compared with advertising literature, we may in our sole and absolute discretion allow you the option to treat the change as a material event allowing cancellation of the booking, with a full refund of monies paid.
10.2 In the event that any large electrical appliance such as a refrigerator, hot tub, wifi/internet connection, oven, washer or dishwasher at the Holiday Property breaks down during your stay and cannot be repaired immediately, then you agree to accept an ex gratia payment of £10 per product for each 24 hour period that you are without the use thereof. In the event of a fundamental breakage to the boiler / hot water system, electricity supply or a serious flood which means that you need to vacate the property, you agree to a refund of the Letting Fee on a pro rata basis.
10.3 Your Agreement is with the owner of the Holiday Property. No liability for economic losses are accepted as a result of any breach of this Agreement by us or the Holiday Property Owner.
10.4 Neither Vay-Cays or the holiday cottage owner accepts any responsibility for personal injury to you or your party members, or matters over which we have no control.
10.5 Notwithstanding the content of the paragraphs above, our liability and / or that of the Holiday Property Owner is limited to a maximum of £5000 in relation to any claim for damages for negligence and / or breach of contract.

11. Hot Tubs and Swimming Pools (if available at the property)
11.1 Use of the hot tubs and swimming pools are entirely at own risk
11.2 Neither us, the owner of the property, hot tub company/cleaners accept any responsibility for any illness, injury, reaction or condition resulting from the use of the hot tub or swimming pool.
11.3 You and all guests are responsible for your own safety when using these facilities as they are unattended. Children under the age of 16 and non-swimmers must be supervised by a responsible adult at all times.
11.4 If you have any pre/existing medical condition or any concerns you must consult a GP before use.
11.5 Follow the rules at all times. This will help you to have a safe and pleasurable experience.
11.6 Any call out due to user error, including mode change will be chargeable to the user.
11.6(a) To ensure optimum cleanliness & hygiene of the hot tub, it will be completely emptied and re-filled with water and chemicals on your arrival day. Therefore, the hot tub may not be up to temperature until the morning after your arrival. Please do not attempt to change any of the settings as there is a sleep mode which will stop the hot tub from heating up at all.
11.7 Any damage should also be reported and this also will be chargeable to the user.
11.8 The hot tubs/swimming pools are treated with chemicals, therefore if you are allergic or sensitive to chlorine or any sanitising product you should not use the hot tub
11.9 You must shower before and after every use.
11.10 If you are not prepared to agree to the terms and conditions and follow the rules surrounding the hot tub and swimming pools, please do not use these facilities.

12. Other Amenities
12.1 Other amenities such as trampolines, surf boards, toys etc. (where provided) are used entirely at your own risk.
12.2 If the property is described as having wifi/an internet connection, please note that speeds for downloads/uploads will vary, as well as coverage within the property. Guests must not use the internet facilities for illegal purposes.

13. Damages – Refundable Security Deposit
13.1 You are responsible for any damage that occurs during your holiday and all damage needs to be reported before your departure.
13.2 The cost of any damage/replacements/additional cleaning time/missing travel cots, highchairs and general equipment, will be deducted from your security deposit. Any deductions made from your damages deposit (such as replacement items/call-outs/damage) will be subject to a 10% administration fee payable to Vay-Cays (with a minimum charge of £10). Where a security deposit has not been retained, you will be required to settle any necessary charges via your debit or credit card.
13.3 As a result of damage or cleanliness, Vay-Cays and the owner reserves the right to refuse future bookings.
13.4 The Security Deposit is refunded within 14 working days after your holiday assuming no damage has been caused or there has otherwise been no actionable breach of these terms and conditions.
13.5 Refund of damages deposit:
(a) The Security Deposit will be returned to you via the debit/credit card used to make the initial Security Deposit payment. In order to return the Security Deposit on time, it is your responsibility to inform us of any changes to your card details. Where there are any changes, we will endeavour to return funds to an alternative card, but this may be required to be transferred via bank transfer.

14. Lost Property
14.1 Vay-Cays cannot be held responsible for any property left at the property following your departure.
14.2 Any left property that is not claimed within 1 week of your departure will be disposed of.
14.3 A handling charge of £10 (plus postage and any packaging costs) will be applied, and must be paid before the items are shipped.

15. The Law
15.1 The jurisdiction for any court proceedings arising out the contract between you and the Holiday property Owner and / ourselves is governed by the law of England and Wales.
These Booking Conditions supersede all previous issues.

16. DEFINITIONS
“Agent” means Vay-Cays
“Arrival Date” means the first day that you are due to arrive and take up residence of the Holiday Property
“Booking Form” means the form you complete with your details.
“Booking Conditions” means these terms and conditions.
“Booking Confirmation Receipt” is the document or communication we send to you which confirms that your Booking Form has been accepted and the Holiday Property has been reserved for your use
“Holiday Letting Fee” means the money you pay / agree to pay to let the Holiday Home,but excludes the Security Deposit
“Holiday Property” means the property you are letting for your holiday, including any gardens and grounds
“Holiday Property Owner” means the owner of the Holiday Property you are letting. This is the person with whom you have contracted with.
“Notice of Cancellation” means any form of written communication from either you or us cancelling the booking
“Initial Deposit” means the amount you pay at the time you submit your Booking Form.
“Reservation Request” is the enquiry you make to us asking for confirmation that a particular Holiday Home is available to Let.
“Security Deposit” is the money you pay in addition to the Holiday Letting Fee as security for any damage caused at the Holiday Home.

Covid 19 Cancellation Policy

Vay-Cays Holidays Welcomes safe travel in Cornwall.  Please ensure your booking complies with all government guidelines as failure to do so could result in your stay being terminated.

C1. For all bookings made after 1st April 2020 our standard cancellation policy will be in place except for the following exception.

C1.2 In the event of a Government imposed lockdown restricting travel to Cornwall you will be entitled to a full refund including any booking deposit if canceled within 7 days of your arrival.

C1.3 In the event of Government imposed local restrictions please contact us to discuss your options. Depending on the severity of the restriction we may offer a full refund, a change of dates, or a credit note to be used on our website.

C1.4 With regards to any cancellation or amendment requests made under clauses c1.2 and c1.3 the details of the lead guest are the only details that will be taken into consideration.

 

Vay-Cays holidays always recommend you take out suitable holiday insurance to cover the duration of your stay.