Terms and Conditions
Terms & Conditions of Booking, Achnacarry Cottage, Lonemore, Dornoch, Scotland
1. The hiring contract shall be between the holidaymaker and Veronica Rüegsegger, the owner (as called hereafter) of the property Achnacarry Cottage, Lonemore, Dornoch, Scotland, for which the booking is made and is subject to the following terms and conditions.
2. Whilst the owner makes every endeavour to ensure accuracy of all information supplied and details of the property are given in good faith, no warranty is given as to their accuracy and the owner does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether orally or in writing.
3. Whilst the property is inspected and thoroughly cleaned before being let out to holidaymakers, the owner can give no guarantee or warranty as to the state or condition of the property. The owner will not be liable for any act, neglect or default on the part of any other person acting on her behalf, or breakdown of any domestic appliances, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the holidaymaker or any other person may suffer or incur.
4. The period of hire shall be from 4pm on the day of arrival and the property must be vacated by 10.30 am on the day of departure, unless otherwise stated or agreed in writing. If the holidaymaker is unable to arrive at the property by midday on the day following the holiday start date the holidaymaker must advise the owner or her representative of the intended late arrival. Failure to arrive by midday on the day following the holiday start date and failure in those circumstances to advise the owner constitutes cancellation by the holiday-maker
5. The owner reserves the right to refuse accommodation. In no circumstances may the number of people occupying the property exceed 4, unless agreed in advance and in writing. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed, or refuse to hand over the property to any person who, in the owner’s opinion, is not suitable to take charge. Rents will not be refunded. In such cases, all liability of the owner shall cease declaring that in no event shall the owner accept any responsibility or liability for such refusal, termination or otherwise or any loss or damage arising thereof.
6. The hired property shall be used solely for holiday purposes and the holidaymaker shall not sub-let the property, or any part of the property, or any equipment from the property.
7. The holidaymaker shall at all times maintain the property and its contents in a clean and tidy condition and accept the property as it is equipped at the commencement of hire. The holiday-maker shall be liable to the owner for any loss, costs, expenses or claims arising from any damage caused to the property and/or its contents by the deliberate or negligent act or omission of the holidaymaker or of any person in his/her party. If, as a result of such damage, the property or any of its contents need to be repaired or any of the contents need to be replaced then the holidaymaker shall be responsible for paying the reasonable costs of doing so.
8. Smoking: Smoking is strictly forbidden at all times within the house, garage and shed. Holidaymakers may smoke in the front or back garden.
9. Pets: Pets are not allowed. The owner reserves the right to evict the holidaymaker if this condition is not observed.
10. The booking is made on the understanding that the property is available to the holidaymaker on the dates stated. If for any reason beyond the owner’s control (e.g. fire, storm damage, illness, sale or withdrawal of the property by the owner for any reason, etc.) the property is not available on the date booked, the owner shall endeavour to provide alternative accommodation to the holidaymaker but cannot guarantee that such will be provided and if such cannot be found or is not suitable for the holidaymaker, then all monies paid by the holidaymaker shall be returned in full. The owner shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and the holidaymaker shall have no claim against her. The holidaymaker shall advise the owner within seven days of being offered alternative accommodation whether or not it is acceptable. If the alternative property is more expensive, the owner reserves the right to charge the difference in cost.
11. Submission of a signed booking form and /or the completion of the online registration form on the owner’s website, together with a resulting payment made electronically by the holidaymaker will be deemed to be an acceptance of these conditions and a confirmation of the details and conditions on the booking form. The person who completes the registration form using his or her name warrants that he/she is authorised to agree to these terms and conditions and is acting on behalf of all persons including those substituted or who join the party at a later date. The person who completes the online registration form and/or the person who pays for the rental by making an electronic funds transfer as directed by the owner’s website is responsible for ensuring that all persons occupying the property comply with the terms and conditions and in all respects. The property occupied is strictly on the basis that the accommodation is for holiday use only and that no right to remain in the property after the end of the holiday period booked exists for the person who completed the registration form or for any person or persons who occupy the property. All persons will vacate the property at the conclusion of the period of the holiday.
12. If for any reason the holidaymaker is not satisfied with the accommodation, the owner or her representative must be contacted as soon as practical so that the problem can be rectified immediately. Under no circumstances will the owner’s liability exceed the rental paid for the property.
13. No employee, agent or representative of the owner has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of the owner.
14. The holidaymaker shall allow the owner or her agents, employees or representatives entry to the premises for all reasonable purposes.
15. Where VAT is applicable, it is included in the rental.
16. In the event of cancellation, full costs will be refunded if the owner is notified in writing / by email not less than 4 weeks before the house is to have been occupied. However, no refund will be made to visitors if the cancellation is due to widespread disruption which is beyond the control of the property owner, for example:
o Acts of war, terrorism or criminal action.
o Industrial disputes, riots, civil commotion.
o Natural disasters (e.g. earthquake, flood, volcanic eruption, tidal wave, storm).
o Epidemic of disease in humans, animals or birds.
o Adverse weather conditions.
Insurance against cancellation due to the causes mentioned above is not provided by the owner, neither is loss or injury while on holiday. Holidaymakers are strongly advised to approach their own insurance company to arrange suitable cover.
We would emphasise that this is not a blanket insurance policy. Deposits/Booking fees are not refundable in any circumstances.
17. The clauses of these General Conditions shall operate on the basis that the terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated. Nothing contained in the General Conditions shall exclude the owner from any responsibility which she has in law in so far as it is competently varied or excluded and these General Conditions shall be read and construed accordingly.
18. In these terms and conditions:
a) The expression “the owner” shall mean Veronica Rüegsegger, the owner of the property Achnacarry Cottage, Lonemore, Dornoch, Scotland
b) The expression “the holidaymaker” shall mean the person who completed the online registration form with his/her name in order to rent the house and/or the person responsible for making payment electronically to secure the reservation of such.
19. These General Conditions supersede all previous versions.
20. Scottish Law shall apply to all contractual obligations arising out of these General Conditions.