Terms & Conditions
Hawke's Point is a subsidiary of Sugarsugar Interiors LLP.
- Our Status
Hawke's Point does not hold any proprietary interest in the properties but merely acts as agent for the owners of the property (the "Owner"). The letting arrangements are made by Hawke's Point on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you.
- Booking
- Bookings may be made via the Hawke's Point website at www.hawkes-point.co.uk or by telephone.
- A booking, whether via the website or by telephone, must be accompanied by a deposit.
- Your booking is complete once you have received confirmation from Hawke's Point in writing (the "Confirmation of Booking") and following Hawke's Points' receipt of your 25% deposit in cleared funds.
- Hawke’s Point reserves the right to terminate a confirmed booking at any time until the day of arrival. Should a termination take place the customer will receive full refund and an offer of 10% discount on any future stay at Hawke’s Point.
- Deposit
- A non-refundable deposit of 25% of the full tariff is payable at the time of booking (the "Deposit"). The balance of the tariff must be paid at least four weeks before the start date. If your holiday begins less than four weeks from the time of booking, the full tariff is payable on booking.
- Cancellation
- Once a booking has been confirmed by Hawke's Point, the booking can only be changed with the written agreement of Hawke's Point.
- Where Hawke's Point agree to the change in the dates of the letting, an administration fee of £35.00 will be added to the full tariff to cover bank charges.
- If you wish to cancel the booking, you must notify Hawke's Point in writing ("Cancellation Notice").
- 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 depending on the number of days before the letting star date the Cancellation Notice is received by Hawke's Point.
Cancellation Charge (as a percentage of the total cost of the letting)
- 0-13 days 100%
- 14-31 days 50%
- Arrival and Departure
- All lettings commence on Mondays or Fridays unless otherwise agreed in writing by Hawke's Point.
- 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 Hawke's Point).
- The maximum letting period is 28 days.
- Price changes
- Hawke's Point has made all reasonable efforts to accurately describe the property in the information that we publish.
- You acknowledge that minor differences may arise between the information given and the actual property itself.
- Hawke's Point reserves the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate but such changes shall be notified to you as soon as possible.
- You shall be at liberty to cancel the booking 12 weeks prior to the holiday start date if the amended price is significantly higher than the original price quoted.
- Subject to condition 7.3, any changes in the rate of VAT payable on the letting will be borne by you.
- Method of Payment
- Payments may be made by credit or debit card, telegraphic bank transfer or by cheque (drawn from a UK bank only).
- Credit card companies charge us a fee when you pay with their cards and therefore a credit card fee of £15 will be applied to bookings made with Visa and MasterCard, all debit card transactions have no additional charge.
- Cheques should be made payable to SugarSugar Interiors. Payments by cash is not acceptable.
- Post-dated or undated cheques are not acceptable.
- All cheques must be sent to Hawke's Point, Glebe House, Wagg Lane, Probus, Truro, Cornwall, TR2 4JX
- Any charges raised against Hawke's Point by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse Hawke's Point within seven days of receipt of notification from Hawke's Point.
- Overseas applicants may pay by Sterling cheque drawn on a UK bank or by telegraphic transfer to Hawke's Points' own bank (details available on request). Any charges for payments from overseas will be passed on to you.
- 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.
- The letting does not confer upon you a shorthold tenancy.
- Published Information
- Some of the information published by Hawke's Point relates to matters beyond the properties such as shops and public houses. Changes to external facilities are outside Hawke's Point' control. If Hawke's Point is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes.
- Liability
- Subject to condition 11.3, Hawke's Point cannot accept liability for any act, neglect or default on Hawke's 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 Hawke's 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, Hawke's Point accepts no liability for loss of or damage to your possessions on the Owners' property or land.
- 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.
- Nothing in these conditions excludes or limits the liability of Hawke's Point:
- (a) for death or personal injury caused by Hawke's Point; or
- under section 2(3), Consumer Protection Act 1987; or
- for any matter which it would be illegal for Hawke's Point to exclude or attempt to exclude their liability; or
- for fraud or fraudulent misrepresentation.
- 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 fees less any insurance or cancellation charges.
- Your Obligations
You agree:
- to pay 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 that are decorative and ware out or come adrift in the course of reasonable use) which will be determined at the Owner's discretion;
- 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 Hawke's Point;
- to permit the Owner reasonable access to the property;
- not to part with possession of the property, or share it, except with members of the party confirmed in the booking;
- not to sell or transfer the booking to another without the written consent of Hawke's Point;
- not to use a cot for a child over the age of 12 months; and
- 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
- to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Hawke's Point properties regarding your behaviour may result in the Owner requiring you to leave the property immediately without a refund of any monies paid by you.
- Breach of Contract
- If there shall be a material breach of any of these conditions by you, Hawke's Point reserves the right to re-enter the property and terminate the letting.
- If there shall be a material breach of any of these conditions by Hawke's Point, then you have the right to terminate the letting.
- In the event that Hawke's Point is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you.
- Termination of the letting pursuant to condition 13.1 and 13.2 does not affect that party's other rights and remedies.
- Complaints
- Hawke's 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 Hawke's 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 Hawke's Point of a problem that could have been solved had Hawke's Point Retreats known at the time.
- If Hawke's 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.
- Data and Privacy
- 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 not pass your information onto any third parties for the purposes of administration.. Contractors will not be allowed to use your personal information for any other purpose than that which Hawke's Point may have instructed. Y. 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 info@hawkes-point.co.uk.
- Hawke's 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.
- General
- Unless stated under ‘Apartment Description’, none of the apartments are equipped with a landline. Mobile phone reception is very limited at the apartments and Hawke’s Point cannot be held responsible for poor service provision. Hawke's Point offer a free wifi internet access throughout the apartments; if the service is ever disrupted or internet access in not available Hawke’s Point cannot be held responsible and will not issue compensation because of the disruption.
- Apartment 30 has no internet access and limited seaviews
- Due to the nature of the building all balconies are of varying dimensions
- 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.