Terms and Conditions for Hire of Property
Please read this document carefully before you sign the booking form as you will be entering into a legally binding contract with us. The booking form must be Signed by a person aged 18 years or over who agrees on behalf of all persons in the party hiring the property to abide by this contract. The contract is deemed to be made jointly and severally with all persons in the party hiring the property, hereafter collectively referred to as the hirer or you.
1. Contract – A contract shall come into existence only if and when we issue a booking confirmation sent to you either by post or e-mail. When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. Bookings will only be confirmed by us on receipt of the completed booking form and Booking Deposit or full Payment, together with any other relevant payments. The contract shall be deemed to have been made at our premises at Sandbank and shall be subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts. These conditions of hire form the basis of our contract with you, the hirer.
2. Terms – The prices shown include the provision of bed linen, towels, t-towels, oven gloves, basic cleaning materials and average use electricity for the period booked. The property should be left as it is found; if the property is left in a poor state of cleanliness an Excess Cleaning Charge may be applied. We reserve the right to alter or amend the facilities or amenities available without prior notice.
2.1 Electricity Use & Charges – The prices shown include average use electricity for the period booked. Should the actual usage exceed the average usage (for day units, night units or both) by more than 10%, then the excess usage (for day units, night units or both) will be deducted at cost from the Security/Housekeeping Deposit.
3. Period Of Hire – Our general policy is to offer any arrival date and any length of stay, subject to availability and our minimum booking of 2 nights. There are three occasions when this policy does not apply – Christmas (24th & 25th December), New Year (31st December & 1st January) and Cowal Games (the Thursday, Friday & Saturday of the last weekend in August). At any one of these three occasions our policy is that, if the hirer wishes to book for one of the relevant nights, then they must book for all of them and the minimum booking accepted is 7 nights. However the hirer has flexibility in choosing which period of 7 (or more) consecutive nights they choose to book, as long as it includes the 2 (or 3) nights of the relevant occasion.
4. Parties – The property shall only be used by the persons listed on the booking form, unless changes are agreed in writing with us prior to arrival. The total number of persons comprising the hirer group shall not exceed the capacity of the property as advertised with the only exception of infants under 2 years old. All-male or all-female groups are accepted only at our discretion and will be liable for a £100 Additional Security/Housekeeping Deposit over and above the £100 Routine Security/Housekeeping Deposit.
Should you arrive at the property with a group which does not meet these criteria we reserve the right to refuse the use of the property or you may be asked to pay an Additional Security/Housekeeping Deposit at time of arrival. We also reserve the right to refuse to hand over the property to any person(s) who, in our opinion, is (are) not suitable to take charge of it. In such cases, all hire charges paid will be refunded in full and the contract shall be cancelled.
If, in our opinion, any person(s) is (are) not suitable to continue the holiday because of unreasonable behaviour, damage to property, or annoyance to neighbours, the contract may be terminated. In this event the hirer shall remain liable to pay the hire price and no refund will be due. The hirer is liable for any damage caused to the property. We have the right to enter the property (without prior notice if this is not practicable or possible) if special circumstances or emergencies arise.
The property is not adapted to make it suitable for disabled persons. Any disabled visitor should be accompanied by others to attend to their mobility and other requirements. It is essential that such parties state any special needs at the time of booking and we will do our best to advise them of the suitability or lack of suitability of the property and its facilities.
5.1 Booking Deposit – When booking you must pay the Booking Deposit due. The Booking Deposit includes part (25%) Payment towards the cost of your holiday. In the event of booking within 6 weeks of the arrival date there will be no Booking Deposit and you must pay the full (100%) Payment plus the Routine Security/Housekeeping Deposit and any Additional Security/Housekeeping Deposit (if applicable) when booking.
5.2 Balance – The Balance is due 6 weeks before your holiday start date. The Balance includes the remaining part (75%) Payment of the cost of your holiday, plus the Routine Security/Housekeeping Deposit and any Additional Security/Housekeeping Deposit (if applicable). For bookings made within 6 weeks of your holiday start date the full Payment, Routine Security/Housekeeping Deposit and any Additional Security/Housekeeping Deposit (if applicable) is payable at the time of booking. If payment is not made according to these terms we reserve the right to cancel your holiday and retain the Booking Deposit paid. Please do not send cash through the post. Payment can be made by cheque or by direct banking.
6. Cancellation – If you have to cancel your holiday for any reason, send us written notification and your cancellation will be effective from its date of receipt. In the event of cancellation more than 6 weeks before the start date your Booking Deposit will be forfeited. In the event of cancellation less than 6 weeks before the start date and we are successful in re-letting all of your holiday at the same value you will only forfeit your Booking Deposit. If we are only successful in re-letting part of your holiday and/or the value of the re-let is less than your outstanding balance of hire, you will also be held responsible for the difference. If we cannot re-let then you will be held responsible for the full price.
You are strongly recommended to take out appropriate cancellation insurance for your holiday.
7. “Force Majeure” – We regret we cannot accept responsibility or pay any compensation where the performance or prompt performance of our contract with you is prevented or affected by reason of circumstances which amount to force majeure.
Circumstances amounting to force majeure include any event which we could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of the property (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage or any similar event. Such circumstances also include riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, war or threat of war, actual or threatened terrorist activity and all similar situations beyond our control.
Where any cancellation or change results from force majeure, our liabilities are limited to offering you a full refund as set out above. We regret we cannot pay any compensation or meet any expenses or costs you may incur as a result of any such cancellation or change.
You are strongly recommended to take out appropriate insurance for your holiday.
8. Occupancy – Occupancy shall be from 4 pm on the day of arrival to 10 am on the day of departure. Unless special arrangements have been made, late departures will incur a £25 Late Departure Penalty. The property is rented as a holiday let and is therefore not an assured tenancy in terms of Housing (Scotland) Act 1988. The hirer shall use the property solely for holiday purposes and the hirer shall not sub-let the property or any equipment hired to the hirer.
9. Pets – Pets, including guide dogs, are only permitted in the property by prior arrangement. You must bring your pet’s basket/bedding, food & water bowls, litter tray and pooper scooper etc with you. Pets must be kept off bedding and all other soft furnishings at all times and are not permitted in the bedrooms. Pets must not be left unattended in the property. Any fouling in any part of the property (inside or outside) must be cleaned up without delay. Any damage caused by your pets will be charged for and any soiling or odours left may result in an Excess Cleaning Charge being applied.
10. Vehicles – Your vehicles and their accessories and contents are left entirely at your risk. We will not be responsible for any damage or loss to or from any vehicle from any cause whatsoever other than in the case of negligence of our employees or agents. Please only park in the designated parking area.
11. Smoking – Smoking is not allowed within the property but you may smoke in the garden. Should the hirer not abide by this term and the property is left smelling of smoke an Excess Cleaning Charge may be applied. Should the hirer not abide by this term and there is any damage caused, such as burns to furniture etc, such damage will be charged for.
12. Liability – We do not accept liability for any damage, expenses, injury, death or loss of any nature whatsoever suffered by any person(s) from any cause other than in the case of the negligence of our employees or agents.
You are strongly recommended to take out appropriate personal insurance for your holiday.
13. Shortcomings – You must notify us of any shortcomings with the property immediately so that corrective action can be taken. We do not accept liability in relation to any shortcomings or claim of whatever nature if you fail to notify us of any complaint or claim during your holiday and write to us within 28 days of the end of your holiday.
14. Definitions –
Signed = A signature on a hard copy booking form or an electronic tick indicating agreement to our Terms & Conditions.
Payment = The full advertised and agreed price for the holiday period booked in the property, including any excess charges.
Booking Deposit = 25% of the total Payment.
Routine Security/Housekeeping Deposit = £100 (returnable in the event of no damage/breakages etc; no excess cleaning and no excess electricity usage).
Additional Security/Housekeeping Deposit = £100 (returnable in the event of no damage/breakages etc; no excess cleaning and no excess electricity usage).
Balance = 75% of the total Payment plus the Routine Security/Housekeeping Deposit and the Additional Security/Housekeeping Deposit (if applicable).
Excess Cleaning Charge = £50, unless specialist cleaning services are required in which case we reserve the right to charge a greater sum.
G & J Murray – Scougal, Sandbank, Argyll PA23 8PD. 06/03/2013