Terms and Conditions for the Holiday Rental of Sliemore Steading, Nethybridge


DEFINITIONS:

Accommodation’ means Sliemore Steading, Dorback Road, Nethy Bridge, Cairngorms National Park, PH25 3ED

Agreement’ means the agreement between the Owner and the Visitor for the holiday rental of the Accommodation incorporating these Terms and Conditions.

Owner’ means Mr Edmund Metcalfe and Mrs Victoria Metcalfe c/o Sliemore Steading, Dorback Road, Nethy Bridge, Cairngorms National Park, PH25 3ED

Visitor’ means the person named on the booking form / invoice.

Agent/Contractor’ means any person the Owner uses to act on their behalf.

Website’ means the Owner’s website in respect of the Accommodation.


    Agreement

  1. These Terms and Conditions are shown on the Website and a copy can be requested on or prior to the point of booking. The making of a booking will form an agreement between the Visitor and the Owner on these Terms and Conditions. The Owner is entitled to vary these Terms and Conditions at any time with effect from the date of written notice of any changes being notified to the Visitor.
  2. The Owner permits the Visitor and his or her party to occupy the Accommodation for holiday let purposes only, for the period shown in the booking form / invoice together with the use of its contents. The agreement relates to a holiday let only.
  3. Check in / Check out: The Visitor and his or her party may check in any time after 4pm on the date of arrival (as specified on the booking form / invoice) and check out any time before 10 am on the date of departure (as specified on the booking form / invoice).
  4. By making the booking the Visitor confirms that he or she
    (a) is above the age of 18
    (b) will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and
    (c) confirms that he or she shall make his or her party fully aware of these Terms and Conditions.

  5. Booking and Payment Terms

  6. For bookings made 8 weeks or more in advance of the date of arrival, the booking for the holiday let will be effective when a reservation deposit of at least 25% of the price of the holiday let has been received by the Owner (not including the housekeeping deposit) and the Visitor’s booking has been confirmed in writing by post or email by the Owner. The balance (if any) of the price of the holiday let and the housekeeping deposit must be made no later than 8 weeks in advance of the date of arrival. For bookings made less than 8 weeks in advance of the date of arrival, full payment (including the housekeeping deposit) must be made at the time of booking.
  7. All payments can only be accepted in Pounds Sterling by cheque (as long as there is enough time for the cheque to clear before the date of arrival) or electronic transfer.
  8. A condition of staying with us is that you look after the holiday home as though it was your own. A housekeeping deposit of £150 is payable as set out in Clause 5 above. The cost of any damaged or missing items or exceptional cleaning will be deducted from the housekeeping deposit and the remainder returned to the Visitor as soon as is reasonably practical. The Owner reserves the right to automatically charge the Visitor for any excess above the housekeeping deposit in respect of damaged or missing items or exceptional cleaning.
  9. There is no VAT payable on the price of the holiday let.

  10. Cancellation

  11. If the Visitor wishes to cancel their booking they must give the Owner notice in writing as soon as possible. All reservation deposits are non-refundable. If cancellation is within 8 weeks of the date of arrival, the full price of the holiday let will still be deemed payable. The Owner will endeavour to re-book the Accommodation for the holiday let period and, if successful for the whole or part of the holiday let period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover administration.
  12. If, following a booking, the full price of the holiday let is not paid on time, the Owner shall notify the Visitor. If, after 7 days from the date on which full price of the holiday let is due, full payment has not been received by the Owner then the Owner may cancel the holiday let booking and the above cancellation charges will apply and the Visitor shall be liable for the full price of the holiday let.
  13. The Owner strongly recommends that insurance (cancellation and curtailment insurance) be taken out by the Visitor.

  14. Right to Refuse/Alter

  15. No bookings will be taken for hen or stag parties and the Owner may, at its discretion, refuse any booking.
  16. The Owner may cancel or alter arrangements made for the Visitor whether before or during the holiday let period provided that such cancellation or alteration is necessary:
    a) due to circumstances beyond the reasonable control of the Owner;
    b) to perform or complete essential remedial or refurbishment works; or
    c) because the Accommodation has been sold or repossessed or is about to be sold or repossessed.
  17. If a booking is altered or cancelled by the Owner due to the circumstances set out in Clause 13 above, the Owner will return to the Visitor the relevant proportion of the price of the holiday let paid by the Visitor to the Owner in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.

  18. Maximum Numbers of Visitors

  19. Occupation of the Accommodation is limited to the maximum number of persons stated on the Website and confirmed on the booking form / invoice. Using the available beds only - no tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available. To exceed the maximum number of persons in the Accommodation overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the Accommodation, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).

  20. Services

  21. The price of the holiday let includes all charges for water and electricity. Visitors must comply with the instructions found in the welcome pack in the Accommodation regarding the appropriate use and fuel with regards the wood burning stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to the Visitor.

  22. Liability and Loss of Visitor Property

  23. The Owner will charge a reasonable administration fee to cover the costs of storage and handling of any lost property.
  24. The Owner will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
    a) unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
    b) where such loss or damage is not a reasonably foreseeable result of any such breach; or
    c) where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, the Owner.

  25. Pets

  26. No pets are permitted in the Accommodation.

  27. The Owners Right of Entry

  28. As with any property, there is a need for ongoing and occasionally unforeseen work in the Accommodation. The Owner and its Agent/Contractor may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
  29. The Owner and its Agent/Contractor will give the Visitor reasonable notice of such requirements, and will aim to keep any inconvenience to a minimum.

  30. Visitor Obligations

  31. The Visitor will be responsible for all payments and for any damage, whether caused by the Visitor or his or her party.
  32. The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the date of arrival (reasonable wear and tear excepted).
  33. The Visitor and his or her party must allow the Owner and its Agent/Contractor to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
  34. The Visitor and his or her party must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the Owner or to any neighbours.
  35. The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
  36. Smoking is not permitted in any part of the Accommodation.
  37. The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing by the Owner.

  38. Damages and Security Charge

  39. The Owner strongly recommends that Visitors hold personal insurance for accidental damage, unforeseen cancellation and personal liability.
  40. If, on arrival at the Accommodation, the Visitor discovers that anything is missing or damaged then this must be reported immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and his or her party and a charge will be made.
  41. All damages will be payable by the Visitor up to an amount due to return the Accommodation to the same condition as the Accommodation was presented on arrival.

  42. Occupation

  43. The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and his or her party during the holiday let period, and not for any other purpose or longer period.

  44. Water Supply

  45. The Owner cannot accept responsibility for a shortage of water at the Accommodation (bore hole) where this is as a result of a drought, or for any other reason outside of the Owner’s reasonable control.

  46. Weather/Travel

  47. It must be appreciated that the Accommodation is situated in the Scottish Highlands which can experience extremes of weather especially in the winter. The Owner’s liability does not extend to weather related conditions that affect public roads or any other third party industrial action. The Owner cannot be held responsible for non-arrival of the Visitor and accordingly no refunds will be given.

  48. Comments/Complaints

  49. Every reasonable care will be taken to ensure that the Accommodation is presented to the Visitor to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the Owner or their Agent/Contractor. Reasonable steps will then be taken to assist the Visitor.
  50. The Owner is committed to ensuring that any problems or complaints the Visitor may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify the Owner or their Agent/Contractor or refusal of reasonable rectification may affect the Visitor’s right to compensation or repayment.
  51. Visitors must provide a contact telephone number and suitable time for the Owner or their Agent/Contractor to communicate with them about problems or complaints. Visitors must allow access to the Accommodation by any staff or contractors of the Owner to resolve problems or complaints. If despite contacting the Owner or their Agent/Contractor the problem or complaint remains unresolved, the Visitor must contact the Owner or their Agent/Contractor again. The Visitor must not independently move to other Accommodation without first allowing the Owner or their Agent/Contractor the reasonable opportunity to assist in resolving the complaint or problem. If the Visitor does so, or refuses reasonable rectification, the Visitor may affect their rights to compensation or repayment.
  52. Visitors must formally confirm any unresolved complaint in writing to the Owner within 28 days of the expiry of the holiday let.

  53. Arrival and Departure Times

  54. The Visitor and his or her party must arrive after the arrival time (4pm on the first day of the holiday let period) and depart before the departure time (10am on the last day of the holiday let period). The Owner reminds Visitors especially in winter months that access to rural Accommodation is often made more difficult due to lack of local lighting. Any stay that extends over this period will be subject to a charge being made for additional days.
  55. The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday let period and the Visitor must return them on the last day of the holiday let period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.

  56. Rural Clause

  57. The Accommodation is in rural area and any action by the Visitor and his or her party that interrupts or endangers the livelihood of others and/or the surrounding land belonging to others, will constitute a breach of the Agreement by the Visitor.
  58. Part of the beauty of the Accommodation is its location in the countryside and its distance from the hustle and bustle of city life. This type of location in the Scottish Highlands can mean that supplies of services are less secure. Power cuts, water supply and septic tank issues are few and far between, in the unlikely event of any such problem the Owner and its Agent/Contractor will take all reasonable steps to resolve any issues on receiving notice. For the avoidance of doubt, the Visitor accepts that this is the extent of the Owner’s liability.

  59. Right to Evict

  60. The Owner and its Agent/Contractor may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:
    a) this is deemed necessary by where there is a serious breach by the Visitor of the Agreement or the Visitor’s or his or her party’s behaviour endangers the safety of others; or
    b) Any complaints are made of anti–social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.

  61. Severance

  62. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not effect: the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or the legality, validity or enforceability in any other jurisdiction of that or any other provision of these Terms and Conditions.
  63. If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in an jurisdiction but would be legal, valid and enforceable if some part of the provision were deleted or modified, the provision in question shall apply in that jurisdiction with such modification(s) as may be necessary to make it valid.
  64. The parties agree, in the circumstances referred to above in Clause 44 and if Clause 45 does not apply, to attempt to substitute for any such illegal, invalid or unenforceable provision a legal, valid and enforceable provision for which it achieved to the same effect as would have been achieved by the illegal, invalid or unenforceable provision.

  65. Governing Law

  66. These Terms and Conditions and the relationship between the parties in respect of the transaction contemplated by these Terms and Conditions (including non-contractual disputes or claims) shall be governed by, and interpreted in accordance with, the law of Scotland. The parties irrevocably agree that the Scottish courts are to have exclusive jurisdiction to settle any disputes (including claims for set-off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, these Terms and Conditions or otherwise arising in connection with the transaction contemplated by these Terms and Conditions (including non-contractual disputes or claims) and for such purposes irrevocably submit to the jurisdiction of Inverness Sheriff Court.

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