1.1 Jane Jackson ("the Property Owner") is the owner of Culdee Cottage. The person named in the holiday confirmation issued by the Property Owner ("the Holidaymaker") agrees to enter into a contract with the Property Owner on the following terms and conditions. If the Holidaymaker is acting as agent on behalf of a third party, the Holidaymaker warrants that the third party will abide by these terms and conditions as if the third party had signed them and agrees that the Holidaymaker is liable for any breaches by the third party in these terms and conditions.
1.2 The Property Owner enters into a binding contract with the Holidaymaker when the Property Owner issues the Booking Confirmation Note.
1.3 The Holidaymaker is responsible for the payment of the price of the holiday and for ensuring that all members of his/her party comply with all of these conditions. The Holidaymaker must be aged 18 or over at the time when the Booking Confirmation Note is issued by the Property Owner.
2.1 Bookings must be accompanied by the appropriate deposit (as detailed in the Booking Instructions). The Property Owner shall not be deemed to have accepted a booking until the Booking Confirmation Note has been issued.
2.2 The balance must be paid not later than four weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Holidaymaker, in which case Condition 4.1 will apply. It is, however, the Property Owner’s practice to send at least one reminder before processing such cancellations.
2.3 If the Holidaymaker makes the booking less than four weeks from its commencement the full holiday charge shall be payable at the time of booking.
2.4 All payments shall be made to the Property Owner.
3.1 In the unlikely event that, where a Holidaymaker is not in breach, it shall be necessary for the Property Owner to make an alteration or to cancel the holiday accommodation specified in the holiday confirmation issued to the Holidaymaker, the Property Owner shall inform the Holidaymaker of such alteration and if possible offer an alternative date for the holiday or if the Holidaymaker prefers make a refund in full of all the monies paid and shall not be under any other liability.
4.1 Any cancellation by the Holidaymaker (for whatever reason) shall be in writing addressed to the Property Owner at the address stated at the top of the Booking Form. The effective date of cancellation is when written notification is received by the Property Owner. The deposit of 10% is non-refundable. If the booking cannot be re-let, the Holidaymaker is liable for the full amount of the holiday cost even if the balance has not yet been received. If the holiday dates are re-let, the balance if already paid will be repaid to the Holidaymaker, excluding the deposit.
In order to ensure speedy receipt, and thereby processing, of cancellations, the Property Owner recommends that the Holidaymaker sends written notification of cancellation by the Post Office Special Delivery service or similar.
4.2 It is the responsibility of the Holidaymaker to acquire suitable insurance, including Cancellation and Curtailment Protection Insurance and the Property Owner recommends that the Holidaymaker acquires suitable insurance.
5.1 Nothing in these Conditions shall exclude or restrict any statutory rights which the Holidaymaker has against the Property Owner.
5.2 The Holidaymaker deals as a consumer and in no event shall the Property Owner or his Agents be liable for losses, cost or damages suffered or incurred by the Holidaymaker, including but not restricted to damage to or loss of guests’ property, cars or contents.
6.1 Upon receipt of the holiday confirmation, please check the details to make sure they are correct. Any corrections can be made up to 7 days from receipt of confirmation, but cannot be rectified beyond that date. If after the booking has been accepted, the Holidaymaker requires the Property Owner to amend it in any way, or to re-invoice the Holidaymaker, the Property Owner reserves the right to charge an amendment fee of £10 per re-issued Booking Confirmation Note. The Property Owner reserves the right to treat a change of holiday dates which is made at the request of the Holidaymaker as a cancellation of one holiday and the booking of another, in which case Condition 4.1 will apply.
7.1 The information in the property descriptions in any brochures or websites controlled by the Property Owner was correct at the time of writing.
7.2 The Property Owner makes all reasonable efforts to portray the properties accurately in the web site and the property descriptions. The Holidaymaker should be aware that differences between the photographs/illustrations/text used and the actual property may arise.
7.3 The Property Owner reserves the right to make modifications to the property specification that are considered necessary in the light of operating requirements. In the interest of continued improvement, the Property Owner reserves the right to alter or delete furniture, fittings, amenities, facilities, or any part of any activities, either advertised or previously available, without prior notice.
7.4 If material changes occur after the Holidaymaker’s booking is confirmed, the Property Owner will use reasonable endeavours to advise the Holidaymaker.
8.1 The number of people using the accommodation shall not exceed the maximum number stated in the Booking Information Sheet for the property without prior written agreement from the Property Owner. In the event that the maximum is exceeded without such agreement, the Property Owner reserves the right to refuse or revoke the booking (at his sole discretion). This would be treated as a cancellation by the Holidaymaker, and Condition 4.1 will apply.
9.1 The Property Owner reserves the right to refuse to hand over the property where in the reasonable opinion of the Property Owner it is likely that damage to the property will be caused by the Holidaymaker or any member of the Holidaymaker’s party.
9.2 The Property Owner reserves the right for him or his Agents to re-possess the property at any time where damage has been caused by the Holidaymaker or any member of the Holidaymaker’s party. If the Holidaymaker or any member of the Holiday Maker’s party are in breach of the any of the house rules, that shall be considered sufficient grounds for a reasonable opinion that damage will be caused.
9.3 In the event of a reasonable refusal by the Property Owner or his Agents to hand over the property or repossession on the grounds set out in Conditions 9.1 and 9.2 above, the Property Owner shall not be liable to make a refund of any monies paid.
9.4 In the event of an unreasonable refusal by the Property Owner or his Agents to hand over the property, fair compensation shall be paid to the Holidaymaker.
10.1 The Property Owner or his Agents shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy.
11.1 Pets are not allowed in the holiday accommodation or in the grounds which surround the holiday accommodation without prior written permission. Only Assistance dogs are allowed.
12.1 The holiday accommodation cannot be occupied until after 3.00 pm unless otherwise agreed on the holiday start date and must be vacated before 10.30 am on the last day. If the Holidaymaker’s arrival is delayed, the Holidaymaker must advise the Property Owner so that suitable arrangements can be made for entry to the holiday accommodation.
13.1 The Holidaymaker shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair and condition as at the commencement of the holiday, and shall leave the holiday accommodation and all equipment and utensils clean and tidy. The Holidaymaker shall be liable to the Property 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 its contents need to be replaced then the Holidaymaker shall be responsible to the Property Owner for paying the reasonable costs of doing so. Any damage or problems with appliances, fixtures or fittings should be reported as soon as they occur so that remedial action can be undertaken as soon as possible.
14.1 In the unlikely event that the Holidaymaker is disappointed with the holiday accommodation, the Holidaymaker should first contact the Property Owner or his Agents who will use reasonable endeavours to solve the problem. If after that the Holidaymaker still feels that the problem has not been resolved to his/her reasonable satisfaction then the Holidaymaker must, within 7 days of returning from holiday, put his/her comments in writing to the Property Owner. In the event of the Property Owner being unable to resolve any complaint that might arise regarding the standard of the property, the Property Owner reserves the right to refer the complaint to Visit Scotland and to arrange for an independent inspection of the property to be carried out by a Visit Scotland inspector (at the cost of the Holidaymaker) whose findings shall be binding on the Property Owner. Nothing contained in this Condition shall affect the right of the Holidaymaker to bring any proceedings to resolve his/her complaint.
15.1 Neither the Property Owner nor his Agents shall be responsible for the death or personal injury to the Holidaymaker or any member of the Holidaymaker’s party save insofar as this results from the proven negligence of themselves or their employees.
16.1 The Property Owner shall not be liable for any loss, breach or delay due to any cause beyond the Property Owner’s reasonable control including though not limited to Act of God, Explosion, Tempest, Fire or Accident, War or Threat of War, Sabotage, Insurrection, Civil Disturbance or Requisition, Acts, Restrictions, Bye-laws, Prohibitions or Measures of any kind on the part of any governmental, parliamentary or local authority, Embargoes, Strikes, Lock-outs, or other Industrial Actions or Disputes. Under any such case the Property Owner shall be entitled to treat the contract as discharged.
16.2 In the event of such discharge, the Property Owner’s liability shall be limited to the return to the Holidaymaker of sums paid to the Property Owner by the Holidaymaker less an administrative charge of £25 to cover the Property Owner’s reasonable expenses.
17.1 Scottish law shall apply to all contractual obligations arising out of these Booking Conditions.
17.2 If any of the Conditions in this contract shall be held by a court of competent jurisdiction to be invalid or voidable such provision shall be struck out and the remainder thereof shall stand in full force and effect.
18.1 These Conditions shall be read and considered without reference to their Condition headings which are included for convenience only.
19.1 These Terms and Conditions supersede all previous versions. These Terms & Conditions are valid from 1st November 2017 until replaced.