|
Definitions:
"the Cottage" : Waterfront Cottage, Points of Braes,
Ullapool, Ross-shire IV26 2TB
"Owner" : the owner of the Cottage
"Owner's agent(s)" : any person authorised by the Owner
to represent him in dealings with the Holidaymaker (and whose
identities have been made known to the Holidaymaker).
"Holidaymaker" : every adult member of the party intending
to occupy the Cottage, jointly and severally.
"Booking Confirmation Form" : the form issued to the
Holidaymaker by the Owner, following receipt of the Holidaymaker's
request for a booking, signifying the Owner's acceptance
"the holiday" : the total continuous period during which
the Holidaymaker will rent the Cottage
"the deposit" : a sum equal to one third of the total
rent due in respect of the holiday
The
contract is between the Owner and the Holidaymaker, and is subject
to the following terms and conditions.
1.
General: A contract between the Holidaymaker and the Owner
is entered into upon the Owner issuing the Booking Confirmation
Form, and upon clearance in the Owner's bank of the deposit
paid by the Holidaymaker.
2.
Payment of rent etc:
2.1. bookings and reservations shall only be negotiated by the
Owner on payment of a deposit. The balance must be paid not later
than four weeks before the start of the holiday. Failure to do
so will constitute cancellation of the holiday by the Holidaymaker.
2.2.
if the Holidaymaker books the holiday less than eight weeks from
its start, the full rent for the holiday must be paid forthwith
upon the issuing of the Booking Confirmation Form.
2.3
in addition to the rent, the Holidaymaker will be liable to pay
for the cost of all electricity consumed during the holiday at
the rate of 14 (fourteen) pence per unit. Meter readings will
be taken upon arrival & departure. The Holidaymaker must pay
the amount due directly to the Owner, upon departure at the end
of the Holiday. Unit charges may be increased and notice of any
increase will be notified to the Holidaymaker before the start
of the Holiday.
3.
Cancellation or Alterations by the Holidaymaker:
3.1. any cancellation by the Holidaymaker (for whatever reason)
must be made in writing to the Owner. If the reason for cancellation
qualifies under any of the foregoing reasons: illness, death,
accident or jury service of a person in the party which prevents
the holiday from taking place / illness, death, accident of the
persons husband, wife, child, father, mother / qualifying
redundancy / cancellation of leave by HM Armed Forces or HM Police,
then the Owner will repay any monies paid by the Holidaymaker
in accordance with the table set out below:
| Number
of clear days before start of the holiday that notice of cancellation
is received by the Owner |
Amount
of the holiday rent refundable by the Owner |
| more
than 56 days |
All
(less £50 fee) |
| 29
to 56 days |
Deposit
forfeited (i.e. balance, if paid, refunded) |
| 0
to 28 days |
Nil |
3.2.
Where there is no qualifying reason for cancellation pursuant
to 3.1. herein, the Holidaymaker will not be entitled to the return
of any monies paid up to and including the date of cancellation.
3.3.
prior to payment of the final balance, where it is possible to
accommodate changes to the holiday booking at the Holidaymakers
request, the Owner will charge an administration fee of £25.00
and a revised Booking Confirmation Form will be issued.
3.4.
Where the Holidaymaker has paid the final balance, requests for
any subsequent changes to the holiday booking, at the Holidaymakers
request, cannot be considered. Should the Holidaymaker then wish
to cancel the holiday Condition 3.2. above will apply.
4.
Unacceptable behaviour. The Owner is entitled to ask the
Holidaymaker to leave the Cottage, without refund of monies paid,
if in the reasonable opinion of the Owner the behaviour of the
Holidaymaker is unacceptable.
5.
Limitation of Liabilities.
5.1 Where loss or damage arises from breach of contract, negligence,
misrepresentation or otherwise, the Owner shall not be under any
liability to the Holidaymaker or to third parties for any loss
or damage howsoever arising.
5.2 All exclusions of liability apply only to the extent permitted
by law
5.3 If any exclusion(s) or limitation(s) contained in these Conditions
is found, in whole or part, to be unlawful, void or for any other
reason unenforceable for any purpose(s), that exclusion(s) or
limitation(s) or the part(s) in question shall be deemed severable
and omitted from these Conditions for that purpose/those purposes.
Such omission shall not affect the validity, effectiveness or
enforceability of the other provisions of these Conditions.
6.
Website Information. The information contained in the Cottage
website at www.waterfrontcottage.co.uk is believed to be accurate.
Whilst the Owner takes reasonable steps to ensure accuracy, he
cannot accept responsibility for errors contained in the website
or the results thereof. The Holidaymaker must accept that minor
differences between the text and photographs/illustrations and
the actual property may arise. All distances and measurements
are approximate and facilities may be altered or withdrawn (but
not to an extent to affect the enjoyment of the holiday substantially).
7.
Alterations or Cancellation by the Owner. In the unlikely
event, and where the Holidaymaker is not already in breach of
these Terms & Conditions, it is necessary for the Owner to
cancel the holiday accommodation or advise of a major alteration
to the same, the Owner will refund in full all monies paid and
be under no other liability.
8.
Number of Persons Using the Cottage. The number of persons
using the Cottage must not exceed the number notified to (and
agreed by) the Owner. The Owner is entitled to ask the Holidaymaker
to leave if this condition is broken. This will be treated as
a cancellation by the Holidaymaker and Condition 3.2. herein will
apply.
9.
Pets. Pets not are permitted inside the Cottage.
10.
Arrival and Departure:
10.1. Unless otherwise stated on the Booking Confirmation Form,
the normal time of occupation is after 4.00pm on the holiday start
date, and the Cottage must be vacated by 10.00am on the last day.
10.2.
It is incumbant upon the Holidaymaker to make contact with the
Owner no later than 48 hours before the Holiday start date to
finalise all arrival details including particularly an agreed
time of arrival and/or any key collection arrangements. Thereafter,
the Holidaymaker must advise the Owner of any arrival delay at
the earliest possible moment so that suitable arrangements may
be made for later entry. Where delayed arrival prevents the Holidaymaker
immediately accessing the Cottage, the Holidaymaker will bear
full and complete responsibility for arranging and bearing the
cost of any temporary accommodation, or other temporary arrangements
made, until access can be affected. The Holidaymaker will also
be totally responsible for re-payment of any reasonable costs
incurred by the Owner or the owner's agent, arising out of such
delayed arrival.
10.3.
If the Holidaymaker is unable to arrive at the Cottage by noon
on the day following the holiday start date, the Holidaymaker
must telephone the Owner so that suitable arrangements may be
made for delayed arrival. Failure to follow this procedure will
constitute a cancellation of the holiday by the Holidaymaker and
condition 3.2. will apply.
10.4.
The Owner cannot accept liability for any claim arising out of
delayed arrival, or cancellation of the holiday by the Holidaymaker,
due to any adverse weather conditions which prevent travel to
the Cottage, temporarily or at all.
11.
Holidaymakers Responsibilities
11.1.1 the Holidaymaker must keep the Cottage and all furniture,
fittings and effects, in or on the Cottage in the same state of
repair and condition as at the start of the holiday,
11.1.2 the Holidaymaker must leave the Cottage in the same state
of cleanliness and general order in which it was found. Alternatively,
the Holidaymaker may elect to pay a cleaning charge of £30
in lieu of this obligation. Unless the cleaning charge has been
paid, the Owner will be entitled to make an additional charge
to the Holidaymaker if extra cleaning is made necessary as a result
of the Cottage being left in a dirty condition upon the Holidaymaker's
departure.
11.2.
The Holidaymaker will be responsible for all damage or loss which
occurs to the Cottage or its contents during occupation, and must
notify the Owner forthwith upon any such damage or loss occurring.
11.3.
Where Holidaymaker abuses the Cottage and/or displays rude or
offensive behaviour towards the Owner or the Owner's agents or
local people, the Owner will be entitled to terminate the holiday
and no refund will be due.
11.4.
It is the responsibility of the Holidaymaker to make any specific
requirements/needs known at the time of booking and to ensure
that the Cottage is suitable for such needs.
11.5
Smoking is not permitted inside the Cottage.
11.6
The Holidaymaker must take responsibility for his own safety,
and the safety of any children staying with or visiting the Holidaymaker
at the Cottage. In particular, the Holidaymaker is advised that
the Cottage is situated on a sloping plot on a cliff above Loch
Broom and that the gardens are unsuitable for use as a child's
play-area.
12.
Dissatisfaction
12.1 It is important to the Owner that the Holidaymaker has
an enjoyable holiday at the Cottage and every effort is made to
ensure this happens. However, in the unlikely event of dissatisfaction,
or any problem with the Cottage, the Holidaymaker must advise
the Owner immediately upon arrival, or immediately a problem occurs
during the holiday, so that a fair opportunity to rectify any
difficulties is given. Should the Holidaymaker fail to follow
this procedure then the Owner will place into effect condition
12.2. herein.
12.2.
If the Holidaymaker vacates the Cottage prematurely as a result
of any alleged dissatisfaction, or makes any form of claim upon
return from the holiday, and has not followed the simple procedure
above, then no liability for any subsequent claim will be accepted
or correspondence entered into.
13.
Access. The Owner shall be allowed access to the Cottage
at any reasonable time during the holiday occupancy. This shall
include access to the gardens to mow the lawns, as necessary.
14.
Prices. All prices stated in this website are correct at
the time of going to press, but may change without notice. The
rent stated will not be varied, save in respect of condition 15
hereof.
15.
Taxation. The Owner reserves the right to vary the rental
in the event that council tax, or other property tax, or the level
of V.A.T. is increased. The Owner will give at least eight weeks
notice to the Holidaymaker of any increase in the rent.
16.
Headings: these Conditions shall be read and construed
without reference to their clause headings which are included
for convenience only.
17.
Legal jurisdiction. The law governing the contract between
the Owner and the Holidaymaker shall be the law of Scotland
18.
These booking conditions supersede any previous versions.
|