Rental Accommodation Terms & Conditions of Booking

1. Introduction

1.1 In these terms and conditions, “you” or “your” means the person named in the booking confirmation. “We”, “us”, “our”, or “Tresco Estate” means Tresco Island Limited (Company Number 13783962), whose registered office is at Peat House, Newham Road, Truro, England, TR1 2DP.

1.2 These terms and conditions apply to all bookings you make for accommodation provided by Tresco Estate, directly or through any third party.

1.3 When you make a booking with us, you are deemed to have accepted these Booking Terms and Conditions.

1.4 We may accept or decline bookings entirely at our discretion.

1.5 These terms and conditions apply to our holiday rental accommodation, including The New Inn BUT NOT to Timeshare or Islandshare. These terms also apply to our Activity and Interest Breaks.

2. Your Booking

2.1 Bookings can only be made by adults aged at least 18 years old.

2.2 You, as the person making the booking, will be responsible for all members of your party throughout the stay and their adherence to these Booking Conditions.

2.3 We can only discuss your booking with you unless you give us your express consent in writing to deal with another member of your party.

2.4 Your booking creates a licence to occupy the accommodation to which the booking relates for your holiday, and nothing in these terms and conditions shall create the relationship of landlord and tenant between You and us, respectively.

3. The Booking Process

3.1 Most bookings are initiated over the telephone or online.

3.2 If you wish to confirm a booking over the telephone, we will arrange to call you back to confirm your booking, having directed you to our booking terms and conditions, a copy of which can be emailed to you at your request or found at https://www.tresco.co.uk/terms-and-conditions. This is important as our terms and conditions form the basis of the contract between us for the accommodation rental.

3.3 At our discretion, we may hold a provisional booking for 24 hours at no charge to allow you to confirm your travel arrangements. If you do not confirm your booking and pay your Booking Deposit by the end of this period, the accommodation will be released for sale. We strongly recommend checking travel availability before confirming your booking with us.

3.4 Your booking confirmation, whether completed online or over the telephone, is an offer to rent the accommodation for the dates specified in that booking confirmation. You should check all booking confirmation details carefully and inform us immediately of any errors or omissions.

3.5 For bookings made eight weeks or more in advance, a Booking Deposit of one-third of the total amount payable for the booking is required to secure your booking.

3.6 The Booking Deposit is non-refundable.

3.7 The difference between the total amount payable for the accommodation and the Booking Deposit paid is the Balance.

3.8 The Balance must be received by us in cleared funds eight weeks before your arrival date.

3.9 For bookings made less than eight weeks in advance, the total amount payable is due at the time of booking. This is non-refundable, save as provided below.

3.10 Your booking is only accepted by us when we confirm receipt of your Deposit in writing or, in the case of bookings made less than eight weeks in advance, the total amount is payable.

3.11 If you fail to pay the Balance within 14 days of its due date for payment (8 weeks before your arrival date), we will assume you wish to cancel your booking, and the cancellation charges detailed in Section 6 below will be applied.

4. Insurance

4.1 Please see paragraph 8 below as to the terms which will apply where we need to change or cancel your booking. We strongly advise you to take out insurance:

4.1.1 to cover any cancellation of, change to, curtailment or delay in your holiday to Tresco for whatever reason, including to cover any cancellation of, change to, or delay in your transport to Tresco; and

4.1.2 that you take this insurance out at the time of booking.

5. Pricing and Charges

5.1 Our current tariff for the different types of accommodation we have available from time to time is as set out on our website, alternatively, you may prefer to telephone us on +44 (0)1720 422849.

5.2 We will confirm your pricing for your booking at the time of booking, it will also appear on our written confirmation of your booking.

5.3 We reserve the right to periodically adjust our tariff.

5.4 Whilst we always seek to ensure pricing is displayed correctly if the accommodation has been incorrectly priced, we reserve the right to charge the correct rate or allow you to cancel the booking, providing a full refund of monies paid but without further liability on our part.

5.5 All prices given include VAT. If the VAT rate changes after you have paid your deposit, additional or less VAT may be chargeable (as applicable to the rate change), and the Balance due eight weeks before your arrival date will be adjusted accordingly.

5.6 Accommodation pricing includes water, solid fuel (for example, log burners), and wi-fi. Electricity and phone charges are usually payable in addition but vary by accommodation type. Details are available on request or can be found on our confirmation of your booking.

5.7 Promotional pricing and offers:

5.7.1 will only be applied if valid and quoted at the point of booking;

5.7.2 cannot be applied retrospectively to existing bookings;

5.7.3 can be amended or withdrawn at any time.

5.8 Goods and services may be charged to your accommodation account whilst on the island. All bills must be settled in full before departure. You are responsible for charges applied by other members of your group.

5.9 We do not charge a cautionary damage deposit. Should any damage be done to the accommodation or elsewhere on the island other than fair wear and tear, you will be billed for the full cost of replacement or repair.

5.10 Your payment card details will be securely encrypted and used for any payments due, including your deposit, balance, and items charged to your account during your stay.

5.11 Unless otherwise stated, where dinner is included in an accommodation rate, this shall constitute a three-course dinner for each full-paying adult guest at the specified restaurant. A supplement may be payable for some dishes.

5.12 If you make an optional charitable donation at the point of booking, this portion is non-refundable in the event of cancellation of your booking.

5.13 By making a charitable donation at the point of booking and consenting to Gift Aid, you are acknowledging that you pay the same amount or more of UK Income Tax and/or Capital Gains Tax as all charities and CASCs will claim on any gifts in the tax year and that you are responsible for paying any difference. You also agree to your name and address being passed to the charity solely for the purpose of Gift Aid administration.

6. If You Have to Cancel Your Booking

6.1 If you wish to cancel your booking, you must let us know by email or in writing as soon as possible. Your booking will be cancelled from the day we receive the cancellation notice.

6.2 Our cancellation charges depend on the type of accommodation you have booked and are set out below.

6.3 As set out above, Booking Deposits are non-refundable.

6.4 For all accommodation (excluding Sea Garden Apartments and The New Inn) and our Interest and Activity Breaks, once you have paid your Booking Deposit, you are liable for the Balance as set out in our written confirmation of your booking, including in the event of cancellation.

6.5 Notwithstanding the above, if you have to cancel your booking, we will make reasonable efforts to secure another booking for the accommodation and/or Activity or Interest Break at the same price, and if successful, we will only charge you a £50 administration fee and refund the remainder of the monies you have paid. We will not be liable to make any refund to you if we are unable to secure another booking for the same dates as your booking.

6.6 For the Sea Garden Apartments and The New Inn, our cancellation charges are detailed below.

7. If You Wish to Amend Your Booking

7.1 If you wish to amend your booking to different accommodation or a different date please contact us and we will try to assist. Whilst we will always endeavour to accommodate the change requested, we cannot guarantee this will be possible.

7.2 If you choose to amend your stay, your original booking will be cancelled and the provisions of clause 6 above will apply to your original booking whilst the booking process set out in clause 3 and terms applicable to pricing in clause 5 will apply to any new booking made.

8. If We Need to Change or Cancel Your Booking

8.1 We would not normally expect to have to cancel or change your booking, but sometimes we may be unable to provide the accommodation you have booked on your reserved dates this may become necessary due to any number of reasons including but not limited to:

8.1.1 An urgent need to perform essential works on the accommodation;

8.1.2 Unforeseen events beyond our reasonable control, including, but not limited to, weather, transport failure, drought, fire, explosion, storm, tides, flood, earthquake, epidemic, pandemic, governmental guidance, natural disaster, subsidence, strikes or industrial action, terrorist attack, war or threat of war, civil commotion, riot, invasion, or failure of public or private utilities.

Any inability to perform or delay in performing our obligations due to such events will not constitute a breach by us of these Booking Terms and Conditions.

8.2 If we change or cancel your booking pursuant to clause 8.1.1, we may attempt to find you alternative accommodation, including in a different property or on a different date. If this is not possible – or you refuse the alternative offered – your booking will be cancelled and we will refund you all monies paid for the booking. We will not be liable for any damages or other losses or additional costs you may have incurred including, but not limited to, transport costs or the costs of any other accommodation whether on the islands or on the UK mainland.

8.3 If we change or cancel your booking for any other reason including pursuant to clause 8.1.2, we will use our reasonable endeavours to offer you an alternative stay at such later date as determined by us, though we are under no obligation to do so. If no alternative is available – or if you refuse the alternative offered – the booking will be cancelled and no refund of any monies paid will be due.

9. Your Obligations

9.1 All accommodation is hired on the basis of a licence to occupy for holiday and leisure use only save to the extent we have agreed to accommodation being used for other purposes, for example, corporate use or such other form of use or retreat as may be authorised by us from time to time.

9.2 You will not:

9.2.1 remain in the accommodation at the end of your booked stay;

9.2.2 sublet, whether for financial gain or otherwise;

9.2.3 use the accommodation for any dangerous, illegal, or immoral purpose or use any illegal substances or undertake any other activities that in our sole discretion may be offensive to others.

9.3 Smoking is not permitted in any of our accommodation, and for the purposes of these terms and conditions, smoking includes vaping and e-cigarettes.

9.4 You will be responsible for any damage or loss to the accommodation and its contents throughout your stay. For this reason, it is extremely important that should you discover anything missing or damaged on arrival, you contact the Island Office or Reception immediately.

9.5 The accommodation must be kept clean and tidy and left in the same condition as when you arrived. Furniture should not be moved. If in our sole discretion, cleaning beyond what is usual on a changeover is required, we reserve the right to charge a reasonable fee for this service.

9.6 Dogs and other pets are not permitted in Tresco accommodation, with the exception of assistance dogs, which you need to tell us about at the point of booking.

9.7 You must not exceed the maximum occupancy of the accommodation, either inside the property or outside. For occupancy purposes, children under the age of two sleeping in a cot do not count towards the total number of occupants.

9.8 We may ask you to supply us with a list of names and ages of all members of your party. We will ask you to let us know of any changes to your guest list at any time during your stay and if requested will supply clean linen and towels for their use as well as any other housekeeping/cleaning services you may require, making a fair and reasonable charge to you for its supply.

9.9 There is no camping permitted anywhere on Tresco, whether inside or outside the boundary of your accommodation.

9.10 You must not cause any nuisance or annoyance to any neighbours or anyone else during your stay, or do anything that endangers the safety of our staff or other guests.

9.11 You must not light fires or use fireworks or Chinese lanterns at your accommodation or elsewhere on the island save for use of any specific BBQs provided by us for use by our guests.

9.12 Flying of drones is not permitted anywhere on Tresco.

9.13 We may ask you to leave the accommodation and terminate our contract with immediate effect and without compensation, if we consider you or your party has committed a serious or persistent breach of these Booking Terms and Conditions including, but not limited to a failure to comply with your obligations as set out in this clause 9.

9.14 Tresco is a safe environment but the risk of theft, damage or loss of our guests’ personal possessions cannot be eliminated entirely. We strongly advise you against bringing valuable items to Tresco Island and cannot be liable to any guest for any loss, damage or injury suffered by our guests or to their property.

9.15 Tresco Estate staff or contractors may need access to your accommodation to rectify any urgent or unforeseen problem, investigate any complaint you make, or to perform routine checks. We’ll use our reasonable endeavours to let you know 24 hours in advance and to arrange this at a mutually agreeable time (other than in the event of an emergency or when an inability to gain access may result in a delay in attending to the routine check/problem/complaint which in all of the circumstances would be unreasonable).

9.16 Should you fail to give up possession at the end of your stay, or leave the accommodation in such condition that it is not suitable for occupation by another hirer, you will be liable for the published rates for the accommodation for the period that it is unavailable, and for any loss or damage, we incur in finding alternative accommodation for or compensating (as the case may be) the incoming guests.

9.17 Many of our cottages now include smart technology. Should you log in to any internet streaming services in your accommodation, you acknowledge that it is your sole responsibility to log out of any such services at the end of your stay. We cannot be responsible for any personal data loss, account misuse, billed costs or other consequence if you do not log out of your personal accounts at the end of your stay.

9.18 Our cottages feature induction hobs. Guests with pacemakers should check with their doctor to ensure this will not interfere with their pacemaker and should ensure the pacemaker is at least 60cm from the hob surface during cooking.

10. If You Encounter Any Issues During Your Stay

10.1 We do all we can to ensure your accommodation and the island is of a high standard. If you have any problems during your stay, please allow us the opportunity to rectify the situation by contacting the Island Office or Reception as soon as possible. When dealing with any issues we will take into consideration whether we were given fair opportunity to resolve the difficulties.

10.2 Whilst we will do all within our power to ensure all facilities and services advertised are available during your stay, no refunds can be made and no compensation will be due if facilities or services have to be temporarily withdrawn or are changed for any reason.

10.3 Outside office hours, a contact telephone number is available for you to use in the event of a housekeeping emergency, The number is included in your guest information.

11. Limitation of Liability

11.1 Save for death or personal injury resulting from our negligence, Tresco Estate will not liable to you or any member of your party for any costs, claims, damages or expenses , accident, injury, loss of profit, loss or use or corruption of data or information, or inconvenience whatsoever and howsoever caused suffered or incurred by you or any member of your party or any of your or their property during your stay on Tresco.

12. Entire Agreement

12.1 These Booking Terms and Conditions constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

12.2 Each of us acknowledges that in entering into this agreement, neither of us relies on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.

12.3 We both agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Booking Terms and Conditions.

12.4 Nothing in this clause shall limit or exclude any liability for fraud.

13. Waiver

13.1 A waiver of any right or remedy under these Booking Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

13.2 A failure or delay by a party to exercise any right or remedy provided under these Booking Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

13.3 No single or partial exercise of any right or remedy provided under these Booking Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other remedy.

14. Severance

14.1 If any provision or part-provision of these Booking Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

14.2 Any modification to or deletion of a provision or part-provision under this condition shall not affect the validity and enforceability of the rest of these Booking Terms and Conditions.

15. Third party rights

15.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Booking Terms and Conditions.

15.2 The rights of the parties to rescind or vary these Booking Terms and Conditions are not subject to the consent of any other person.

16. Data Protection & Privacy

16.1 We will only communicate with you in accordance with our Privacy Policy, a copy of which is available on our website.

16.2 If you wish to alter your communication preferences, please telephone +44 (0)1720 422849, email contactus@tresco.co.uk or write to: Tresco Island Limited, The Island Office, Tresco, Isles of Scilly, TR24 0QQ

17. Governing Law

17.1 These Booking Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

18. Jurisdiction

18.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Terms and Conditions or their subject matter or formation.

19. Linked Travel Arrangements

19.1 If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via Tresco Estate, you will not benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, Tresco Estate will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider. However, if you book any additional travel services during the same telephone call or visit to our company's booking website, the travel services will become part of a linked travel arrangement. Please note that, since your payments go directly to the relevant travel service providers, Tresco Estate has not taken out any protection to refund you, in the unlikely event it becomes insolvent.

The above booking terms and conditions apply only to our rental accommodation. Islandshare and Timeshare owners should refer to their contracts.