TERMS AND CONDITIONS OF HOLIDAY LETTING RENTAL
The person completing this booking form (the “Responsible Person”) certifies that:
a. They are fully authorised to agree the terms and conditions as set out on the following pages on behalf of all persons included on the booking form, including those who may be added/substituted at a later date.
b. They are over 18 years of age and is a member of the party intending to occupy the property throughout the rental period.
c. They agree to take responsibility for the party occupying the property.
COSHANDROCHAID HOUSE
This Contract for a short-term holiday rental will be between the owners of Coshandrochaid House(referred to as “us” or “we”, “our”) and the person making the booking and all members of the holiday party (referred to as “you”, “your”). Please ensure you read it carefully.
Scottish law will govern the Contract and the Contract is subject to the exclusive jurisdiction of the Scottish courts.
The Contract incorporates the following Terms and Conditions, which shall apply to your booking of accommodation at Coshandrochaid House (the “Property”) and must be complied with. By booking the accommodation you accept that these Terms and Conditions shall apply. The person whose name is on the booking form (referred to as the “Responsible Person”) agrees to take full responsibility for ensuring that all members of the holiday party are aware of the following Terms and Conditions and that the Terms and Conditions are adhered to by all members of the holiday party.
Whether you book online, by email, telephone, post or in person, a contract shall only arise when you have made a payment according to the payment terms below, the payment has been received by us and the acceptance of your booking has been subsequently confirmed by us to you in writing. At this point, a binding contract will be in place between you and us on these terms.
DEPOSITS AND PAYMENTS
A non-refundable deposit of 50% is required to secure your booking.
The balance of payment will be due 60 days prior to the scheduled Arrival Date together with a refundable good housekeeping deposit of £250. The refundable deposit will be returned with 10 business days of the end of your stay provided the property is left in a clean and acceptable condition and without damage. In the case of minor incidental costs during your stay such as additional wood supplies, we may settle these from the refundable deposit.
Bookings made 60 days or less prior to arrival will need to be paid in full at the time of booking.
We accept payment by credit card, debit card and bank transfers in UK Pounds Sterling (GBP) only. Please note that we do not accept booking payments in cash, cheque or other currencies. Any payment charges imposed on us in relation to booking payments, including but not limited to overseas payment charges and charges for handling dishonoured, cancelled, uncleared, revoked or otherwise withheld or suspended payments, will be passed on to you and you shall be liable to reimburse us in respect of these charges within 10 Business Days of notification.
The Responsible Person shall be responsible for all payments relating to the booking, we are unfortunately unable to split invoices or payment amounts.
CANCELLATION POLICY
If you wish to cancel, please notify us as early as reasonably possible. Cancellations must be notified to and received by us in writing by email in order to be effective and, once received, we will confirm and process your cancellation request.
If a booking is cancelled less than 60 days before check-in, no refund will be issued unless the property is fully re-let for the cancelled dates. If the property is successfully re-let, a refund may be possible once the new booking has been completed provided that this shall be reduced for any difference in rental rates, any commissions, fees or other charges relating to the cancellation or re-letting and a booking/admin fee. Please note that in all refund cases, any third partycharges charges will be deducted and cannot be refunded.
You are strongly advised to take out comprehensive travel insurance with a reputable provider before booking to cover your booking. It is your responsibility to check that your insurance cover is sufficient for your own purposes and any likely risks that may affect you or your holiday.
LAPSED BOOKINGS
If a remaining rent balance is not received in full within 60 days prior to the scheduled Arrival Date and we have not been able to contact you, the booking will lapse. We reserve the right to agree re-lets for any time periods relating to lapsed bookings, and to treat a lapsed booking as a cancellation.
BOOKING AMENDMENTS
Requests to change dates or otherwise amend bookings that are received more than two months prior to the previously booked Arrival Date will be subject to availability. No reductions or refunds in booking costs will be made as a result ofbooking amendments, for example a peak season booking later amended to be out of peak season will still be charged at peak season rates. If a booking amendment increases the value of the booking then the the difference will be charged to you and must be paid within 10 Business Days of confirmation of the amended booking. Amendments which reduce the booked dates will be treated as cancellations of the dates for which the property will no longer be occupied according to the amended booking.
TERMS OF USE AND CHECK-IN AND CHECK-OUT
You may access the Property (excluding the barn outbuildings) from 16.00 on the day of arrival (earlier arrivals are strictly by arrangement only and may not be possible). Please note that departure is by no later 10.00 on your final day(again, later departures are strictly by arrangement only and may not be possible). We need this time to ensure that the Property is ready for your arrival after the previous guests’ departure.
On departure, you are requested to leave the accommodation in a clean and tidy condition. This includes washing up, dishwasher can be left running, placing rubbish in bin-liners, and putting in outside bins or central refuse area, ensuring ovens are clean and free from grease.
Please ensure you leave the front door key in the Keysafe at the front door and the back door locked with key in the lock on the inside. If either key is lost or not left at the Property (or not returned very promptly thereafter) this may result in charges to either replace locks or keys as appropriate.
The property is let for the purposes of a holiday let to which section 12 (2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. Properties are let for a maximum of 2 weeks. The booking agreement confers the right to occupy the accommodation for the agreed period only. You undertake to use the property solely for its purpose as self-catering accommodation and to accept our right to refuse access to the accommodation to any person, whether the Responsible Person or guest of the Responsible Person, deemed unsuitable.
The usage of the Property for hosting public events, gatherings including non-guests or for commercial purposes (including without limitation filming for commercial purposes) is not permitted without prior written permission. This is necessary for insurance and regulatory compliance reasons.
Causing a nuisance or disturbance to neighbours or any unreasonable behaviour (in our reasonable judgement) may result in cancellation of any remaining period of the booking without refund and our requiring the Responsible Person and/or their guests to leave forthwith.
OVERSTAYING
If any member of the booking overstays for any reason and does not vacate by 10am on the departure date then we may charge for this. These charges would include ongoing costs, losses or expenses arising directly or indirectly as the case may be from the failure to vacate including without limitation the loss of any booking of the property due to commence following the end of the booking or costs for additional resources to clean the property in a reduced time.
PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on the website occupy the property. We reserve the right to refuse admittance if this condition is not observed.
Guests other than those indicated on booking forms are not permitted, and persons found to be present at the Property who are not on booking forms will be requested to leave.
RIGHT OF ENTRY
We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection, in cases of emergency or to carry out any necessary repairs or maintenance.
CARE OF THE PROPERTY
Throughout your rental period you are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair and in a satisfactorily clean and tidy condition at the end of the rental period. You undertake to the leave the property secure if left unoccupied during the period of rental. You must not use the property for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to us or other neighbouring properties.
Smoking, vaping and use of e-cigarettes is strictly prohibited throughout the Property at all times.
OUTBUILDINGS
The two barns neighbouring the property are very old, unlit and have rough uneven floors and rooves. For safety reasons please do not enter, climb on or disturb these buildings.
WOOD SUPPLY, WOODBURNERS AND FIRE HAZARDS
Whilst any woodburner is in use, the inline valve on the flue (also referred to as draft damper) must be turned to open (i.e. handle aligns with direction of flue). This is very important to avoid build up of smoke and carbon monoxide which can be a serious health hazard. Logburners must not be left unattended when in operation and must be allowed to burn out before you go to bed.
If you are unfamiliar with usage and operation of woodburners not covered in the usage notes, or have any concerns relating to their usage please contact the Housekeeper on the contact details provided.
We provide the first supply of wood free of charge prior to your rental period. Please contact the Housekeeper should you require a further wood supply, noting this may be at a modest cost that depends on supplier.
We request that you do not use candles other than those provided at the property, and only use these when securely inserted into the holders provided in safe locations, such as in the centre of the dining table. In particular candles must not be used on window sills or near soft furnishings. Use of indoor and outdoor fireworks and “sky lanterns” is prohibited on the Property and grounds without prior written permission.
DAMAGES AND BREAKAGE
You are legally bound to reimburse us for replacement, repair or extra cleaning costs, on demand, of any fixtures and fittings, installations, décor, appliances, equipment and items removed from the property, soiled, damaged or broken (other than reasonable wear and tear).
INTERNET ACCESS AND STARLINK
Internet access is provided for guests’ use on a reasonable use basis. You agree to reasonable and lawful usage.
To avoid disrupting internet access please avoid touching or moving any Starlink equipment unless really necessary. In the event of difficulties please call the Housekeeper on the contact details provided.
Please note that excessive or unlawful use that results in additional charges to us, restriction or suspension of the service by the service provider(s) may result in charges to you. Please note that in this remote area, internet is not always reliable or fast.
ELECTRICITY AND APPLIANCES
Electricity is provided subject to a reasonable use basis.
Batteries for Electrically Assisted Pedal Cycles (EAPCs) that do not require any licence and do not require to be taxed and comply with relevant British or European safety standards may be charged whilst the property is occupied but must be monitored at all times. This is very important given the potential risk of overheating and battery fires. Charging these batteries or others with similar energy capacity overnight or whilst the property is unoccupied is not permitted.
Charging of EVs and usage for commercial purposes beyond video meetings and transfer of messages and data of reasonable size is not permitted other than by prior written agreement.
You are requested not to bring or use any additional electrical appliance other than that which is provided in the property, particularly heaters, air conditioners or barbeques.
Unreasonable use may be charged for on a reasonably estimated cost basis.
PETS
We can welcome up to 2 dogs, (other pets by arrangement) but only when have they been booked in and paid for (£30per stay per pet). We may require an increased security deposit in these cases.
Dogs must be fully house-trained, kept under proper control and not allowed on the furniture or upstairs (especially on the beds) nor left unattended in the Property at any time. We request that owners bring a basket or dog bed for their dogs to sleep in, and all dog waste collected and appropriately disposed of. Dog owners will be held responsible for anyfouling and damage caused to the property, contents or garden by their dog and for any extra cleaning we consider required.
When out walking within the property grounds and countryside, you must ensure that dogs are kept on a lead except where indicated. They must not be allowed to disturb livestock, deer or ground nesting birds. We highlight that cows and other livestock may be present on the grounds surrounding areas from time to time and cannot accept any responsibility for the safety of pets.
ALLERGIES, ACCESSIBILITY AND INFANT/TODDLER ARRANGEMENTS
We note that there can be pets in the property from time to time, and despite careful cleaning, there may still be residual exposure that may affect those with significant allergies. This may not be suitable accommodation if you or any member of your booking group are affected by allergies of this nature. By proceeding with your booking you indicate you accept this.
Please note that all bedrooms are upstairs and only accessible via a wooden staircase. The Property is unfortunately not suitable for those who require wheelchair access.
Guests with infants are welcome however it is important to note that we are unfortunately not able to provide stair gates,cots, infant bedding or other items such as potties or milk warmers, please ensure you bring all necessary child safety and support items with you.
OUTDOOR ACTIVITIES
When walking about the property and the wider surrounding countryside in accordance with the right to roam, we would ask you to respect the environment, wildlife and livestock, take care when enjoying the countryside, ensure you are appropriately equipped and prepared, weather can change abruptly, ground conditions can vary and walking off path can be hazardous. Always adhere to the Scottish Outdoor Access Code, do not pick flowers, follow prepared paths or visible trails wherever possible, and plan outdoor activities appropriately according to current and forecast weather conditions and experience levels. We strongly advise using an appropriately qualified and established local guide to get the most out of outdoor pursuits in a safe manner.
CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNERS, FORCE MAJEURE AND UNSUITABILITY
If for any reason we have to cancel your booking in advance due to circumstances beyond our control for example, without limitation, fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage to the property (“force majeure“), official instruction or policy, or the property becomes unsuitable for holiday letting, you will be refunded the full amount of the booking. If we have to terminate your holiday early for the above reasons you will be refunded part of the booking fee based on the time remaining of the booking. This will be the full extent of our liability. No additionalcompensation, expenses or costs will be payable.
LIABILITY
As far as the law allows, neither we, our contractors, agents or representatives shall be liable to you or your party for loss, damage or injury to you or any of your party or your/their property or vehicles as a consequence of this agreement or the occupancy following thereon.
You indemnify us against loss, damage or injury sustained to the Property, its contents and any persons and their property as a result of any breach of these conditions by you, or arising from the fault of you or any member of your party.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses which:
– were not foreseeable to you or us when the Contract was formed;
– were caused by a third party unconnected with the Contract;
– are business losses; or
– are losses to third parties.
Without prejudice to the foregoing clauses, our total aggregate liability for claims made under or in connection with this Contract, whether arising in delict (including negligence), contract or in any other manner, shall not exceed the booking sum paid by you under the terms of this Contract.
All claims as being a matter for which you assert that we are or may be liable, must be notified to us in writing by you. Except as expressly stated in this Contract or where it would be unlawful to do so, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
ACCURACY OF DETAILS
The website is as accurate as possible but cannot be warranted, nor do the descriptions form any contract. Whilst every effort is made to ensure accuracy of property descriptions and images, the facilities and services may alter. We reserve the right to alter or improve any of the subjects without notice.
COMPLAINTS
Every effort is made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom, would like you to return and will do our best to resolve problems.
GENERAL
Your Contract to stay at our property shall not create a relationship of landlord and tenant between the parties and our agreement shall not constitute any form of tenancy, lease, or provide any security of tenure under the Housing (Scotland) Act 1988, Private Housing (Tenancies) (Scotland) Act 2016, or any other statutory or common law provision.
These conditions replace and supersede all previous and booking conditions, and in the case of any discrepancy between these booking conditions and those of any other website, booking service or agency, these conditions shall prevail.
In the event that any individual term or clause stated in these Terms and Conditions is not permissible by law, the remainder of the Contract shall remain valid and enforceable. We also reserve the right to amend our Terms and Conditions.
No one other than a party to this Contract has any right to enforce any term of this Contract.
PRIVACY POLICY
Please see our website for our Privacy Policy.
We reserve the right to amend our Terms and Conditions.
