PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A BOOKING THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
The provision of the following services may be subject to further terms and conditions, copies of which shall be available on request. Ê
1. DEFINITIONS
1.1) "Additional Fees" means any fees payable by the Holidaymaker other than the Rental Charge, including (but not limited to) card handling fees, bank transaction fees, heating supplements, pet charges, Êcharges for additional guests, and charges for cleaning
1.2) Booking" means the reservation of the Property with full payment Êby the Holidaymaker.
1.3) ""Booking Conditions" means these terms and conditions
1.4).ÓProperty OwnerÓ means the owners of the Property
1.5) Holidaymaker" means the person or persons making the Booking.
1.6)Ó Property" means the accommodation for which a Booking is made.
2. BOOKINGS AND PAYMENT
2.1). The Property Owner reserves the right to refuse any Booking.
2.2) Once a Booking has been issued by the Property Owner, a legally binding contract shall exist between the Holidaymaker and the Property Owner pursuant to which the Property Owner will make the Property available for the period set out in the Booking, not excepting that the Holidaymaker has no absolute right to stay in the property and the Property Owner can evict the HolidaymakerÊ at any time should they abuse the property or 3rd parties as set out in these terms and conditions
2.3) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Holidaymaker at the time of the Booking.
2.4) Upon reservation of the Property, the Holidaymaker must make the Payment in full and without deduction to the Property Owner. If payment is not received by the date specified to the Holidaymaker, the reservation will be cancelled.
2.5) The prices stated are cash prices in pounds sterling. ÊAny charges raised against the Property Owner by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Holidaymaker to the Property Owner within seven days of the Property OwnerÕs request to do so.
2.6) All payments must be made in pounds sterling.
2.7) The Property Owner reserves the right to correct any error in advertised and/or confirmed prices.
3. CANCELLATION BY THE HOLIDAYMAKER
ÊNo refunds will be given on the cancellation of a Booking by the Holidaymaker and the Property Owner can market the reserved dates to 3rd parties without further reference to the Holidaymaker; any duplicated fees are the property of the Property Owner.
4. CANCELLATION BY THE PROPERTY OWNER
The Property Owner reserves the right to cancel a Booking. If the Property Owner has to cancel a Booking , liability will be limited to a refund of fees paid for the accommodation. No other monies will be payable by the Property Owner to the Holidaymaker for any reason whatsoever. It is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday
5. INSURANCE
To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday
6. RESPONSIBILITIES OF THE HOLIDAYMAKER
6.1) During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes for the benefit of the Property OwnerÊ as follows:
6.2) that the number of people and infants occupying the Property will match the number stated on the Booking;
6.3) that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his/her party;
6.4) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or noisy, dangerous, illegal, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
6.5) to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;
6.6) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker's occupancy and for any consequential loss.
6.7) to report as soon as possible to the Property Owner (or his representative) any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
6.8) to arrive after 3 p.m. on the arrival day and to vacate the Property by 9 a.m. on the day of departure
6.9) not allow any person other than the named guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property;
6.10) not to use or allow to be used naked flames inside either Property or fireworks in the external seating area of the Coach House or garden of Bank View
6.11) not to play music which can be heard outside of either Property after 11pm at night;
6.12) not to smoke inside the Property, including standing in doorways or leaning out of windows;
and
6.13) to notify all other members of the Holidaymaker's party of these undertakings.
6.14) In the event of a breach of any of the undertakings set out in clause 6.1 the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
7. PETS
7.1)One Êpet dog only is allowed free of charge in either property. No variations to this are allowed without the express written permission of the Property Owner. If a Holidaymaker brings more than one pet dog or any type of pet other than a dog, the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
7.2) The Holidaymaker is liable for all damage caused by his/her pet. The Holidaymaker should remove all traces (inside and out) from the Property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker's occupancy.
7.3)The Holidaymaker must not allow pets in bedrooms or on furniture within the Property.
7.4) Pets must not be left alone at the Property , internally or outside, free or tied up, at any time. If the Holidaymaker breaches this clause the Property Owner (or his representative) may make the Holidaymaker leave the Property before the end of the Holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
7.5)Exercising and toileting of the pet is not permitted in any part of the courtyard pertaining to the Coach House, nor the courtyard, garden or grounds of Newtonlea. The pet must be kept on a lead at all times when entering or leaving the Coach House, or when with the Holidaymaker in the external seating area. The pet is allowed to run free in the enclosed garden of Bank View however no toileting facilities are provided and additional charges will be levied for clearing up dog dirt.
7.6) The Property Owner undertakes to provide written information regarding the ample toileting and exercise areas (parks with dog toilet disposal facilities, and open country) within 2 minutes walk of the Coach House and Bank View.
8. LIABILITY
8.1) The Holidaymaker's (and all other members of the Holidaymaker's party's) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
8.2) The Property Owner shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker's personal property (or to persons in the Holidaymaker's party or their personal property) during their stay at the Property..
8.3) No representative, agent or sales person (whether employed by the Property Owner or not), has authority to vary, amend or waive any of these Booking Conditions, or to make any verbal representations or provide additional information over and above information contained in the Property OwnerÕs website.
8.4) No amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by the Property Owner
9. DATA PROTECTION
9.1) For the purpose of the Data Protection Act 1887, all personal and other information and details collected by the Property Owner in the course of its business, belong to the Property Owner and will not be disclosed to any third party.
9.2) Provided the Holidaymaker has not told the Property Owner otherwise, the Property Owner may use the Holidaymaker's personal information for marketing the property.
9.3) If the Holidaymaker or other individual wishes to be removed from the Property OwnerÕs marketing lists, they should contact the Property Owner by phone on 01890 818929 or by email at info@newtonlea.co.uk
9.4) Telephone calls between the Property Owner and the Holidaymaker may be monitored or recorded by the Property Owner for training and quality control purposes.
10. COMPLAINTS
ÊIn the unlikely event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact the Property Owner (or his representative ) as soon as possible. The ÊProperty Owners Êtake complaints from Holidaymakers seriously and hope to resolve them if at all possible.
11. FORCE MAJEURE
No liability can be accepted and no refunds will be paid by the Property Owner, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker's party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Property Owner are prevented or affected, by any event which the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to amenities/services/utilities and all similar events outside the control of theÊ Property Owner.
To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday
12 GOOD HOUSEKEEPING BOND
The Property Owner reserves the right to levy a good housekeeping bond.
13. LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts.
January 9th 2009