Hawkes Point is a trading name of Hawkes Point Limited, a company registered in England and Wales, registered no.7691506, registered office address Brynmawr Farm, Wheal Butson, St Agnes, Cornwall TR5 0PT.
Reference in these terms and conditions to “The Property” or “apartment” or “accommodation” means the named apartment stated on your booking confirmation located at The Sands, Porthrepta Road, St Ives, TR26 2FG, and shall include, where the context permits or requires, any and all common parts or communal areas such as the car park and hallways.
Reference to the “owner” means the owner of the properties.
Reference to “Hawkes Point” means Hawkes Point Limited, the Agent.
Reference to “the hirer” or “you” means the person or persons accepted by the owner as authorised to occupy the Property for the period specified on the Booking Confirmation and shall, where the context permits or requires, include all persons named on the Booking or substituted therefore or otherwise occupying the Property.
Our Status Hawkes Point does not hold any proprietary interest in the properties but merely acts as agent for the owner of the property. The letting arrangements are made by Hawkes Point on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
1.1 Bookings may be made via the Hawkes Point website at hawkes-point.co.uk or by telephone. Bookings via 3rd party websites are always subject to approval and confirmation at the discretion of Hawkes Point.
1.2 A booking, whether via the website, by telephone, or through a 3rd Party must be accompanied by a deposit payable to Hawkes Point Limited.
1.3 Your booking is complete once you have received confirmation from Hawkes Point in writing (the “Confirmation of Booking”).
1.4 Hawkes Point reserves the right to terminate a confirmed booking at any time until the day of arrival.
1.5 Repeat guest discount can only be applied to full advertised tariffs that have not already been advertised as ‘special offer’ promotions, unless otherwise stated.
1.6 Bookings made more than 4 weeks in advance require a 25% initial payment. The balance, is due 4 weeks before your holiday commences. Bookings made less than 4 weeks in advance require payment in full.
2.1 Once a booking has been confirmed by Hawkes Point, the booking can only be changed with the written agreement of Hawkes Point.
2.2 Where Hawkes Point agree to the change in the dates of the letting, an administration fee of £60 (inclusive of VAT) will be added to the full tariff.
2.3 If you wish to cancel the booking, you must notify Hawkes Point in writing (“Cancellation Notice”).
2.4 A booking can only be cancelled prior to the start of the letting.
In the event that a cancellation is made then a Cancellation Charge is payable. The charge is dependent on the number of days before the letting start date the Cancellation Notice is received by Hawkes Point.
|Days to letting start date||Cancellation Charge as a percentage of total booking value|
|0 – 31||100%|
|32 – 45||50%|
|45 or more||25%|
3. Arrivals and departures
3.1 Lettings commence at 4:00pm on the day of arrival and terminate at 10:00am on the day of departure (unless otherwise notified in writing by Hawkes Point). If a late check out is unavoidable it must be arranged in advance and is at Hawke’s Point sole discretion. A late check out that is not pre arranged and sanctioned by Hawke’s Point will incur a charge of £50 per hour (inclusive of VAT).
3.2 The maximum letting period is 28 days.
3.3 All accommodation must be left as you found on arrival. A cleaning charge of £120 (inclusive of VAT) will be levied on the Hirer if the property is left in an unacceptable condition as defined at Hawkes Point’s discretion, any damages are payable seperately.
4. Price Changes
Hawkes Point has made all reasonable efforts to accurately describe the property in the information that we publish. You acknowledge that differences may arise between the information given and the actual property itself including fixtures and fittings.
Hawkes Point reserve the right to amend prices quoted due to errors or omissions or changes beyond our control, such as changes to VAT.
The Owner will charge VAT on your booking and this is included in quoted prices. If you require a VAT receipt, please tell us at the time of booking.
If you as the Hirer meet any of the criteria below we may cancel or refuse your booking. For further clarification please speak to one of the team prior to booking:
a) The Hirer and accompanying guests are aged under 18 years.
b) The Hirer and accompanying guests are stag or hen parties.
c) The Hirer has on a previous occasion left the property in an unacceptable standard as defined by Hawkes Point.
We also reserve the right to refuse any booking at our discretion without giving reason.
We do not allow pets in any of our properties
All properties are Non Smoking. Smoking in the apartments will incur a charge of £120 (inclusive of VAT) and any additional costs incurred to rectify damage including smell will be liable to the guest.
9. Method of Payment
Hawkes Point can only accept payments made by credit or debit card, BACS and telegraphic bank transfer.
9.1 Payments by cash cannot be accepted.
9.2 Any charges raised against Hawkes Point by their bank for handling bank transfers or any other payments will be passed on to you and you are liable to reimburse Hawkes Point within seven days of receipt of notification from Hawkes Point.
9.3 Overseas applicants may pay by telegraphic transfer to Hawkes Points’ bank (details available on request). Any charges for payments from overseas will be passed on to you.
10. The Holiday Letting
The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988.
10.1 The letting does not confer upon you a shorthold tenancy.
11. Published Information
Some of the information published by Hawkes Point relates to matters beyond the properties such as shops, activities and public houses. Changes to and services provided by external facilities are outside Hawkes Point’ control and we cannot be held liable for.
12.1 Subject to condition 11.3, Hawkes Point cannot accept liability for any act, neglect or default on Hawkes Point part or any other person not within their employ or otherwise under their control, nor for any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Hawkes Point, its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the holiday letting. In addition, Hawkes Point accepts no liability for loss of or damage to your possessions on the Owners’ property or land.
12.2 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.3 Nothing in these conditions excludes or limits the liability of Hawkes Point:
(a) for death or personal injury caused by Hawkes Point; or
under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for Hawkes Point to exclude or attempt to exclude their liability; or for fraud or fraudulent misrepresentation.
12.4 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking less any insurance or cancellation charges.
13. Your Obligations
a) to pay within 14 day of notification for any losses or damages to the property, caused by you or a member of your party. Reasonable wear and tear excluded, which for the avoidance of doubt means repairs wear out or come adrift in the course of reasonable use, which will be determined at the Owner’s discretion;
b) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed in writing with Hawkes Point;
c) to permit the Owner and Hawkes Point reasonable access to the property;
d) not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
e) not to sell or transfer the booking to another without the written consent of Hawkes Point;
f) not to use a cot for a child over the age of 12 months; and
g)not to have anyone other than those detailed at the time of the booking and listed in the Booking Confirmation staying at the property; and
h) to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Hawkes Point properties regarding your behaviour may result in the Owner and Hawkes Point requiring you to leave the property immediately without a refund of any monies paid by you.
From time to time it may be necessary to undertake repair, maintenance, building or similar work either at or inside the Property, or in neighbouring roads or properties, and we reserve the right to undertake any such work at any time without making or paying any compensation, refund or similar payment to the Hirer or any member of his/her party. Similarly, we cannot accept any responsibility for any building, maintenance or repair work by any neighbouring or other property, nor for road works or utility works. No compensation, refund or other payments shall be required or made in respect of any such work.
15. Breach of Contract
15.1 If there shall be a material breach of any of these conditions by you, Hawkes Point reserves the right to re-enter the property and terminate the letting.
15.2 If there shall be a material breach of any of these conditions by Hawkes Point, then you have the right to terminate the letting.
15.3 In the event that Hawkes Point is unable to find someone else to occupy the property for the remainder of your stay at an equivalent rate no refund of any sums you have paid will be returnable to you.
15.4 Termination of the letting pursuant to condition 13.1 and 13.2 does not affect that party’s other rights and remedies.
16.1 Hawkes Point tries to take every care to prepare the properties to a standard whereby you will enjoy your holiday. If a problem or cause for complaint does arise, please contact Hawkes Point immediately. Every effort will then be made to assist you. It is frustrating for all parties if you write after your holiday to inform Hawkes Point of a problem that could have been solved had Hawkes Point known at the time.
16.2 If Hawkes Point was denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint.
17. Data and Privacy
17.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. We will may pass your information onto any third parties for the purposes of administration, such as a card payment processor. Contractors will not be allowed to use your personal information for any other purpose than that which Hawkes Point may have instructed. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to [email protected]
17.2 Hawkes Point is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
18.1 Unless stated under ‘Apartment Description’, none of the apartments are equipped with a landline. Mobile phone reception is limited at the apartments and Hawkes Point cannot be held responsible for poor service provision. Hawkes Point offer a free wifi internet access throughout the apartments; if the service is ever disrupted or internet access in not available Hawkes Point cannot be held responsible and will not issue compensation because of the disruption.
18.2 Apartment 20, 29 and 30 have limited seaviews
18.3 Due to the nature of the building all balconies are of varying dimensions
19. Validity Condition
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.
Governing Law The contract embodied in the booking is governed by English law, and subject to the exclusive jurisdiction of the English courts.
HAWKES POINT HOLIDAYS
Get to know Poldark country, the ins, the outs, the secret places. Our apartments are the perfect base and as for the team, they know our land well so ask away, be curious and we’ll let you into our secrets.
From beaches to restaurants to the best pasties, we’ve sussed it out so you are left with only the best.