Contract TERMS AND CONDITIONS

PROPERTY OWNERS AND NEWQUAY-APARTMENTS

Depending on the level of management service you require, we have established three levels of service available to clients. Bronze: Newquay-Apartments are employed to market the property in order to achieve optimum bookings. Newquay-Apartments are also responsible for customer liaison, enquiries, booking requests and payment. All maintenance, cleaning, key collection and emergency situations are the responsibility of the property owner.

Silver: Newquay-Apartments are employed to market the property in order to achieve optimum bookings. Newquay-Apartments are also responsible for customer liaison, enquiries, booking requests and payment. Newquay-Apartments will also coordinate key collection, provide welcome packs and arrange cleaners for change-over days. Owners are responsible for general maintenance and renewals on the property.

Gold: A comprehensive service including coordination of general and emergency maintenance. Newquay-Apartments are employed to market the property in order to achieve optimum bookings. Newquay-Apartments are also responsible for customer liaison, enquiries, booking requests and payment. Newquay-Apartments will also coordinate key collection, provide welcome packs and arrange cleaners for change-over days.

	BRONZE	SILVER	GOLD
Sales and Marketing	*	*	*
Administration and Booking	*	*	*
Furnishing	*	*	*
Key Holder Service		*	*
Welcome pack		*	*
Cleaning Service		*	*
Maintenance (general, annual and emergency)			*

Administration and Booking Service: Our dedicated reservationists are available from 8am to 10pm to respond to enquiries, check availability, take bookings and send confirmations. We offer an efficient booking service with experienced methods and booking systems. Our finance department will be responsible for collating monies and for issuing payments to property owners.

Marketing:
We offer a full in-house marketing service via our local, friendly and experienced marketing department, with first hand knowledge of the market in which we operate. We have put together a pro-active marketing campaign that embraces many forms of media including innovative online promotion.

All properties are featured on our high ranking website. Our online availability shows real time bookings linked directly from our website to our booking system.  Advertising is mainly carried out via web based mediums although some traditional media advertising is also used. Late availability will be marketed via our website and Google Adwords. Database managements will ensure past, present and future customers receive relevant mailings and seasonal e-newsletters.

Adverts are also placed in the local tourist board guides including the Newquay Guide and Cornwall Guide as well as via a number of online tourism directories.

Furnishing:
We have established good working partnerships with many local companies and are happy to advise you with regards to fixtures and fittings in line with the VisitBritain quality standards in order to achieve an appropriate star rating, as well as advice on how to make the property more attractive to the potential holidaymaker. 

For our Silver and Gold clients, we also offer:

Key Holder Service:
Property Keys are held at The Bay Hotel from where customers can collect them 24hrs a day. A direction map will be supplied with each set of keys and a 24hr telephone number given in case of emergency.

Welcome pack for your guests:
Welcome packs will be provided to your guests with information on local events, attractions and service providers. Money off vouchers and special offers will be included where relevant.

Cleaning Service:
Our dedicated housekeeping service will be responsible for ensuring the property is thoroughly cleaned on the change-over day leaving the property neat and tidy for the next arrivals.

Our Gold clients will receive our full management service, including:

Maintenance (general and emergency):
We have established reputable and preferred contractors that we use to provide you with piece of mind that any of the work carried required at your property will be done by reliable, qualified tradesmen in good time, and reasonable priced.

OUR TERMS AND CONDITIONS
Please read these terms and conditions carefully as they apply to your listing on our Website and the provision of the Services through our Website. They include important information relating to the Services and from the basis of any agreement between us should you wish to proceed with and continue to utilise the Services.

Once you have read and agree to these terms and conditions, please sign and return to us the copy attached.. If you do not agree with these terms and conditions or fail to return the copy attached, you will not be authorised to use the Services available on this Website.

LEGAL NOTICE
The content of our Website, (including, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), is our property and that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, other intellectual rights and analogous rights.

The trade marks, logos and service marks shown on our Website, unless otherwise specified, are the trade marks of us. No rights are granted to use any of them without our prior written consent.

Although framing of and linking to our Website is permitted we cannot accept any responsibility or liability for access to or the material on any site which is linked from or to our Website.

DATA PROTECTION AND PRIVACY
Any information you give to us will be stored and used in accordance with our privacy policy and you acknowledge that any information we pass to you in respect of this Agreement will be processed by you in accordance with the Data Protection Act 1998.

HYPERLINKS
Our Website may include hyperlinks to sites operated by other parties but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that we will not incur any liability in respect of the content of any site accessed through a hyperlink contained on our Website.

YOUR PROPERTY LISTING
You must ensure that the details posted on our website are complete and accurate and that you provide us electronically, (or otherwise in writing), with a copy of all changes made to your Property with any further necessary information we may request relating to the Accommodation, Accommodation Availability and Accommodation Costs to enable us to properly operate the Services.

Your listing will include one main image and up to five other images, a brief description and a long description.

INVENTORY
Newquay-Apartments recommends that property owners provide a full inventory for the property. Newquay Apartments can provide an inventory as a minimum standard for owners to follow – please feel free to discuss these requirements with our Property Advisors.

BOOKINGS AND PAYMENT
In all cases, Newquay-Apartments are employed to market the property in order to achieve optimum bookings. Newquay-Apartments are also responsible for customer liaison, enquiries, booking requests and payment.

Customer booking requests will either be made online or via one of our reservationists. Once this request has been registered and availability confirmed, the Customer will be required to pay a deposit of £50 per bed space, or the full amount if less than 8 weeks before the arrival date.

Once the deposit has been received, we will send a booking confirmation and receipt to the Customer and email notification to the Owner. Late bookings will be telephoned through to the owner or Property Housekeeper as early as possible. Full payment will then be taken 8 weeks before the arrival date. All payments in respect of a booking are paid to us. At the end of each month, we will pay you the total cost of the booking during that period minus the commission. We are entitled to set off sums owed by us to you against sums owed by you to us. All payments due to you will be made directly into your bank account through BACS (banks automated clearing system) or by cheque.

We provide a live availability chart and request that Owners notify us well in advance of any periods that the property will be unavailable for sale. Our cancellation terms are outlined in the Terms and Conditions. Cancellation fees will be paid to the property owner, minus the commission unless the notification of cancellation is more than 8 weeks before departure in which case forfeited deposits will be held by Newquay-Apartments to cover administration and marketing costs.

FEES
There is a one off Registration Fee of £100.00 plus VAT (this is non-refundable). This covers photography, the marketing write-up of the property (which will be sent to you for full authorisation prior to going to print), and uploading of the property details on to our website and booking system.  Any additional changes such as updated photographs or changes to the property description will incur a fee of £20 plus VAT. Our commission rates are as follows:

BRONZE: 15% plus VAT of the holiday let charge.

SILVER: 20% plus VAT of the holiday let charge.

GOLD: 25% plus VAT of the holiday let charge.

CANCELLATION AND DELAY

Where cancellation of Accommodation requirements by a Customer is notified to us, (either in writing, by telephone or email), we shall inform you of any such occurrence as soon as practicable so that Cancellation Charges can be properly applied.

The deposit will be forfeited in all cases and, depending when notification is sent to us, the following charges (expressed as a percentage of the total holiday cost) will be made:

Notification Given	Cancellation Charge
More than 8 weeks before arrival	Deposit
Within 8 weeks	40%
Within 4 weeks	60%
Departure date or after	100%

If no written notice of cancellation is received and the guests do not show up, cancellation will be deemed to have been effected on the day of departure. We reserve the right to re-sell any part of a cancelled holiday and this does not affect our right to levy cancellation fees. Forfeited deposits will be held by Newquay-Apartments to cover administration and marketing costs. We reserve the right to cancel or suspend our Agreement without liability to you if we are prevented from or delayed in carrying on our business by any cause beyond our reasonable control.

CLEANING:
In Bronze properties, property owners or a designated housekeeper will be responsible for all points detailed below. Cleaning will be arranged by Newquay-Apartments for all Silver and Gold properties.

Thoroughly clean or administrate the cleaning of the whole property and ensure that equipment is clean before each let. The property must be immaculate for each new client; this includes providing fresh linen and towels. Make sure all rubbish has been removed from the property. No partly consumed food items such as cereal, jam, sauces etc. should be left for new arrivals. A basic cleaning kit should be left for the guest’s use. This should include a hoover, multi-purpose cleaning spray, cloths, sponge and floor cloth.

All linen such as bedding, tea towels, towels (if supplied) and bathmats should be laundered and replaced at each changeover. All beds must be made up in the property.

In the case of two-week bookings a laundry exchange should be arranged with the guests upon their arrival. Clean laundry should be delivered on this pre-arranged date, in exchange for used laundry in a sack for collection. It should not be necessary to enter the property during a guest's stay.

Ensure that outside the property is clean and tidy, including the garden furniture. Where a gardener and window cleaner are appointed ensure that they make regular visits in order that the outside of the property is not neglected.

Make sure that the property is aired and if necessary heating is on prior to the guests arrival.

Give any items left by guests to Newquay Apartments who will contact the guests directly and organise the item to be returned.

All guests are responsible for breakages or damages to the property. Please inform Newquay Apartments as soon as possible, providing an invoice for repair or replacement.

KEY COLLECTION
Keys can be collected from 3.30pm on day of arrival, and returned by 10.00am on the departure day.

All Bronze owners must pre-arrange the key collection details with their guests in the week prior to arrival and answer any questions they may have.

For owners of Silver and Gold properties, guests will be able to pick the keys up from The Bay Hotel 24hrs a day.

MAINTENANCE
All Bronze and Silver owners are responsible for replacing any broken/damaged items and all maintenance within the property (general and emergency). Owners must be available for the guests to contact them in the event of an emergency or problem. They must also be able to organise repairs and maintenance without inconvenience to guests.

Newquay-Apartments will be able to co-ordinate reputable and preferred contractors to carry out general and emergency maintenance at your property. Newquay-Apartments will always endeavour to contact the property owner before undertaking any work. If in emergency situations the property owner can not be reached for whatever reason, Newquay-Apartments have the right to contract the work without the go-ahead from the property owners. Newquay-Apartments will settle contractor fees directly and at the end of each month, we will pay you the total cost of the booking during that period minus the commission and contractor fees where applicable.

WELCOME PACKS
Bronze owners are recommended to supply a welcome pack for guests.

Welcome packs will be available in Silver and Gold properties and provide your guests with information on local events, attractions and service providers. Money off vouchers and special offers will be included where relevant.

ANNUAL INSPECTION
To ensure that all of our properties continue to meet minimum standards, there will be an annual inspection of all properties. In most cases, this will take place at the beginning of the holiday season.

IMPORTANT INFORMATION
In order to ensure safety within your property, for yourselves and visitors, it is essential to adhere to current Health and Safety legislation. Although we try to guarantee accuracy, the following details act only as a guide. Owners should contact the relevant authorities for up-to-date information.

FIRE REGULATIONS
Since the Furniture and Furnishings (Fire) (Safety) Regulations 1988 were passed, all manufactured upholstered furniture has been required to pass certain tests of fire resistance. All upholstered furniture purchased after 1st March 1990 should meet the requirements. The only exception is that furniture made before 1950 and the re-upholstery of furniture made before that date are exempt from the regulations.

More information regarding this matter can be obtained from your local Trading Standards Office.

GAS APPLIANCES
By law, holiday home owners are responsible for the safety and maintenance of gas fittings, appliances and flues in the holiday property. This applies even when a letting agency is involved. Even if the hot water or heating for your holiday property is supplied by an appliance situated in another building, including your own home, the holiday property is still classed as having a gas supply.

Gas supply means any form of gas – mains, LPG, Calor or any other. You must have a safety check carried out on every gas appliance every 12 months by a CORGI registered engineer.

The CORGI engineer can issue you with a Landlord’s Gas Safety Certificate. This certificate is a legal requirement for all owners who let a holiday property.

A record of the safety check must be kept for 2 years and the current Landlord’s Gas Safety Certificate must be displayed in the holiday property at all times. Newquay-Apartments will need a copy of this certificate.

ELECTRICAL APPLIANCES
All electrical systems in the property must be maintained so no danger is apparent to any visitors to the property. An accredited electrician should regularly inspect hard wiring, washing machine, dishwasher, microwave, kettle, iron and all other electrical goods. Ideally a record of inspection should be displayed in the property. Newquay-Apartments will need a copy of this certificate.

INSURANCE

The property must have public liability insurance and building and contents insurance. Copies of which must be supplied to Newquay-Apartments.

RISK ASSESSMENTS

Carrying out a risk assessment is an important step in protecting your guest and your staff, as well as complying with the law. It helps you focus on the risks that really matter in your holiday cottage - the ones with potential to cause real harm. In many instances, straightforward measures can readily control risks, and for most, that means simple, cheap and effective measures to ensure the safety of your guests. The law does not expect you to eliminate all risk, but you are required to protect people as far as 'reasonably practicable'.

TAX
If you let your property for holidays, rather than on a longer term basis, then the Inland Revenue regard this as a business. This has considerable tax advantages, including significant reductions on your potential Capital Gains Tax liability and the ability to avoid Income Tax on a proportion of your income by investing in a pension plan.

As the owner of a holiday letting property you may have to pay tax on the income earned. If your self-catering property is available for at least twenty letting weeks the Inland Revenue class this as a business. We recommend that you seek professional advice from a qualified accountant who will advise you on self-assessment when taking your financial circumstances into consideration.