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Terms & Conditions of Let
Making a Reservation and Booking Conditions.
Please remember a reservation is a legal contract.
Please download a printable booking form to confirm your acceptance of the terms and conditions below, and sign and send with your deposit; available by clicking here. Alternatively, please fill in and submit the online form below the terms and conditions. Thank you.
Definition of Terms
Parties applying to rent the property are referred to as 'the Client/s' until the commencement of their let when they are referred to as 'the Tenant/s'.
Contracts to let the property are therefore between the Owner/s of the property and the Clients/Tenant/s.
Contract
The Contract for a short term holiday rental shall be made between the Client/s and Owner/s. The Contract will be entered into when the Owner/s of the property issues the confirmation form and will be subject to all the following booking conditions:-
UK Bookings
Payments will be accepted by cheques made payable to the Owner/s, or cash. The Owner/s cannot accept post-dated cheques and cash should only be sent by recorded delivery. Any charges imposed on the Owner/s by their Bank for handling dishonoured cheques, bank transfers or other charges relating to payments will
be passed on to the Client/s who are liable to reimburse the Owner/s
in respect of these charges within 7 days of notification from the owner/s.
Overseas Bookings
Overseas Client/s may pay by sterling cheque, drawn on a UK bank, or by automated bank transfer, directly to the Owner/s bank. Any charges for overseas payments will be passed on to the Client/s.
Deposits
Unless otherwise stated, a deposit of one-third of the total rental cost is payable at the time of confirming the booking with a completed booking form.
Balance of Rental
Only upon receipt of the deposit will the booking become confirmed. Once the booking has been accepted by the Owner/s, the Client/s must pay the balance of the rental period, 6 weeks before the commencement of the rental. If the balance has not been paid by the due date, the Owner/s reserves the right to cancel the
booking, in which case a cancellation charge will apply.
The Owner/s is will not send reminders - the date on which the balance is due is clearly indicated on the Booking Confirmation.
For bookings made less than 6 weeks prior to the commencement of the rental the full rental cost is payable on sending a completed booking form.
For bookings made less than 2 weeks prior to the commencement of the rental all payments must be made by automated bank transfer directly to the Owner/s bank or cash payment. No Cheques can be accepted.
The majority of the Owner/s are not VAT registered and therefore no tax is payable, but where VAT is payable this is included in the weekly rent. The Owner/s reserves the right to amend prices quoted on the web sites or in their brochure due to any errors, omissions or changes in the rate of VAT.
Arrivals & Departures
Period of Rent
The property shall be ready to occupy and commence your rental by 4pm on the day of arrival and the rental period will terminate at 10a.m. on the day of departure, unless there are prior formal arrangements in place and agreed by the Owner/s and the Client/s. The property must be vacated by 10am on day of departure.
Any arrivals after 4pm, the Owner/s must be notified in advance and alternative arrangements will have to be made directly with the Owner/s and the Client/s prior to their arrival.
Availability
Each booking is made in good faith, with the belief that the property will be available to the Client/s on the said date stated. If for any reason, due to unforeseen circumstances outwith the Owner/s control, the property is not available, when the tenancy is due to begin (e.g. due to flooding, fire damage etc) or the property becomes unsuitable for holiday letting, the Client/s will receive a full refund, less the deposit/s previously paid.
The Owner/s is not obliged and does not give any form of guarantee to source provision of alternative suitable accommodation, however every effort will be made by the Owner/s to to try and secure a suitable alternative property, but the Client/s shall have no further claim against the Owner/s.
Alteration of a Booking
When the Owner/s has accepted a booking, the property booked can only be changed for an alternative date by treating the original booking as a cancellation. The dates of the holiday may be changed providing the property is available for the new dates and the Owner/s is agreeable to the change.
Holiday Protection
To minimise the cost and inconvenience of cancelled bookings the Owner/s suggest and strongly advise the Client/s to take out holiday insurance and ensure that the Client/s are adequately covered by Insurance for the rental. Client/s may have to forfeit the full cost of your holiday in certain circumstances
Authority to Sign
The person completing the booking form certifies that:
1)He/she is authorised to agree the booking conditions on behalf of all persons included on the booking form, including those who may be added/substituted at a later date.
2)He/she is over 18 years of age and is a member of the party intending to occupy the property.
3)He/she agrees to take responsibility for the party occupying the property for the period of rental.
Breach of Contract
If the Tenant/s breaches any of the above terms and conditions the Owner/s
reserve the right to re-enter the property and terminate the tenancy, without prejudice to the other rights and remedies of the Owner/s. The Owner/s shall not be liable to the Tenant/s or any third parties for any loss or damage arising from the breach of contract, negligence, misrepresentation or otherwise.
Restriction on Rental
The Owner/s reserves the right to remove person or persons from the property due to unreasonable behaviour, damage to the property or exceeding the stated occupancy. In this case refund will be at the discretion of the Owner/s.
Right of Entry
The Owner/s has the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance to the property.
Tenancy Agreement
The tenancy gives the Tenant/s the right to occupy the property for a holiday within the meaning of Schedule 1 paragraph 9 of the Housing (Scotland) Act 1988.
The property can only be let for a maximum of 2 weeks at any one time. Lettings commence at 4pm on the first day of the tenancy and ends at 10am on the departure date, unless otherwise agreed. The tenancy period cannot be extended without the Owner/s permission. Tenant/s will be liable for all additional costs whatsoever incurred as a result of an unauthorised extension.
The 'Tenant/s' Obligations
Loss and damages
The Tenant/s will be liable to pay for all losses or damage to the property caused by the Tenant/s or a member of their party. All damages and losses will be charged in full.
Breakages and Damages
The Tenant/s are legally bound to reimburse the Owner/s for replacement, repair and all additional extra costs incurred in resulting from breakages and any damages caused on demand.
Care of the Property
The Tenant/s are wholly liable for accepting all responsible and proper care of the property. Its furniture, fixings, pictures, fittings and effects in or on the property and leave the the property in the same clean and tidy condition and state of repair and condition at the end of the rental period as at the beginning. There is no cleaning service provided by the Owner/s during the tenancy.
Number of persons Occupying the property.
The number of persons occupying the property must not exceed the maximum stipulated in the description of the property, and identified on the booking form.
Maximum Occupancy
The Owner/s reserves the right to refuse entry to the entire party if this condition is not observed. Maximum occupancy is 6 people, plus baby or cot aged child. A cot may only be occupied by a child of 24 months or less. Subletting is strictly prohibited.
Changes to party numbers
The Client/s are obliged to notify the Owner/s prior to the commencement of the tenancy of any changes to party numbers.
Possession of the Property
The Tenant/s must not transfer possession of the property or share it except with members of the party as shown on the Booking Form.
Undue Noise and Disruption
The Tenant/s are not to cause undue noise or disruption or become violent or aggressive or be a nuisance to occupants of any adjoining or nearby premises.
Pets
Pets are not accepted in or at the property.
Smoking
Strictly No smoking in and on premises.
Cleaning
The property should be left clean and tidy on departure and any damages must be reported prior to departure. Property left in a dirty or inappropriate manner may result in an additional cleaning surcharge.
Force Majeure
The Owner/s does not accept and will not be held liable or pay compensation for any loss, damage or expense where the Owner/s obligations are prevented or affected by reason of force majeure.
Force Majeure; means any event which the Owner/s providing the service could not, even with all-due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
Liability
The Owner/s accepts no liability for any act, neglect or default, nor for any accident, for any death, loss, personal injury, damage, expense or inconvenience to either person or property to which the Tenant/s, or any other person/s, may suffer or incur arising from, or in any way connected with, the Tenancy. The Owner/s accepts no liability for loss or damage to the Tenant/s' possessions on the Owner/s land or property.
Vehicles/Personal Property
As well as cancellation and curtailment insurance, Client/s are recommended to take out holiday insurance to cover loss or damage to personal effects. Vehicles, accessories and contents are left at their owners risk. The Owner/s will not be responsible or held liable for any loss or damage or any injury to persons not caused through the fault of the proprietor.
Brochure/Web Descriptions
While every effort is made to make brochure and web site descriptions as accurate as possible, some of the information contained relates to factors which are beyond the control of the Owner/s, such as shops, public houses etc. Details of such establishments may change without the Owner/s knowledge and cannot be absolutely relied upon.
All information and statements are made in good faith. However the Owner/s does not warrant and is not responsible for the accuracy of any information or statements made by representatives. Every effort has been made to ensure that the information on this web site is correct at the time of publication or at the time of inspection of the accommodation are made in good faith but without liability.
Complaints
All complaints must first be referred to the Owner/s during the tenancy to allow remedial action to be taken. Tenant/s are asked to inform the Owner/s immediately so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances can compensation be made for complaints raised only after the tenancy has ended when the Tenant/s has denied the Owner/s the opportunity of investigating the complaint and endeavouring to put matters right during the tenancy.
Validity Clause
If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
Cancellation Policy
Please remember a reservation is a legal contract. We strongly recommend you ensure you are adequately covered by Insurance for your rental.
Cancellation
If the Client/s requires to cancel a reservation for reasons, such as death or serious personal injury or for whatever other reason/s which would deem reasonable, the Owner/s must be notified immediately, initially by telephone, and cancellation must be confirmed in writing directly to the Owner/s within 5 days, of the event that gives rise to the cancellation. If one or more consecutive weeks are booked at the property this is considered to be one holiday.
The Owner/s is not obliged and does not give any form of guarantee that the reserved letting period can be successfully re-let. Only on receipt of notice of the cancellation from the Client/s, will the Owner/s seek to re-let the property for the period of booking. The Owner/s will make every effort to re-let the property for the said letting/cancellation period, but the Client/s shall have no further claim against the Owner/s if the Owner/s fail to secure in re-letting the property.
Only on the basis that the Owner/s can secure in re-letting the property for the whole period, 6 weeks prior to the Client/s rental was due to commence, that the Client/s will be reimbursed in full, minus their deposit.
If the Owner/s only succeed in re-letting the property for part of that period, only an equal amount of money will be reimbursed to the Client/s.
The deposit and the rental cost for the remaining period which is not re-let will be forfeited by the Owner/s. The Owner strongly advises that the Client/s to take out adequate insurance cover.
If the Owner is unable to re-let, less than 6 weeks prior to the Client/s rental was due to commence, the Client will be liable to pay the full cost of rental (i.e. deposit & full balance).
While every effort will be made to re-let a cancellation, it is important to remember that if a substitute tenant/s cannot be found, the first named person on the booking remains liable for the period of the tenancy, plus the cost of any additional advertising which may be necessary.
Adverse Travel Conditions
Where there are ferry/plane disruptions due to bad weather conditions or any form of industrial action, The owner/s of the property cannot be held responsible for
non-arrival at the property and no refunds will be given.
Please note the above cancellation refund plan does NOT cover any event where our obligations are prevented or affected by reason of force majeure.
Governing Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by Scots' Law. The Client/s and the Tenant/s submit to the exclusive jurisdiction of the Scottish courts.
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