THE BOTHY at GARDEN COTTAGE
Please remember a reservation is a legal contract and the property should only be used for holiday purposes. The property shall not be used for any special event without prior discussions and written agreement.
1. Definition of Terms
Parties applying to rent properties are referred to as 'the Hirer'. Contracts to let the property are between the Owners of the property and the Hirer, These terms set out the terms of the contract between the Hirer and the Owners.
When a booking is made more than 6 weeks before the tenancy is due to commence, a deposit of one-third of the total cost of the holiday must be paid to confirm the booking. If a booking is made 6 weeks or less before the tenancy is due to commence, the full cost must be paid at the time the booking is made.
3. Balance of cost of holiday
Once a booking has been accepted the Hirer must pay the balance of the cost six weeks before the tenancy commences. If the balance has not been paid by this time the Owners reserve the right to cancel the booking, in which case a cancellation charge will apply.
The Owner is not VAT registered and therefore no tax is payable.
4a. UK Bookings
Payments will be accepted by cheque or by bank transfer or cash. Cash should only be sent by recorded delivery.
4b. Overseas Bookings
Overseas Hirers may pay as above by sterling cheque drawn on a UK bank. Any charges for overseas payments will be passed on to the Hirer.
5. Authority to Sign
The person completing the booking certifies that:
a. He/she is authorised to agree the booking conditions on behalf of all persons intending to stay.
b. He/she is over 18 years of age and is a member of the party intending to occupy the property.
c. He/she agrees to take responsibility for the party occupying the property.
6. The Tenancy Agreement
The contract affected between the Hirer and the Owner of the property is in terms of Schedule 4 Paragraph 8 Section 12 (2) of the Housing (Scotland) Act 1988, “a tenancy the purpose of which is to confer on the tenant the right to occupy the house for a holiday”. This confers on the Hirer a right to occupy the property for the period agreed for holiday purposes only.
Properties are let for a maximum of 4 weeks. Lettings commence at 4pm on the first day of the tenancy and end at 10am on the departure date unless otherwise agreed. The tenancy period cannot be extended without the Owner's permission.
7. Extras at the Cottage
Unless otherwise stated in the main cottage description electricity and oil are included.
The Owners regret pets cannot be accommodated.
9. The Hirers' Obligations
a. To pay for any losses or damage to the property caused by the Hirer or a member of their party (reasonable wear and tear excluded).
b. To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. No cleaning service is provided during the tenancy unless specifically stated.
c. To allow the Owners reasonable access to the property.
d. To not exceed the total number of people as agreed and not to transfer possession of the property.
e. not to smoke in this non-smoking property.
All cancellations must be notified to the Owners initially by telephone and confirmed in writing within 7 days of the event that gives rise to the cancellation.
A cancellation charge may be payable, the amount of which is determined by how many days before the holiday start date, that the cancellation notice is received by the Owners in writing.
No. of days before Holiday start date that notification is received. Cancellation Charge (as percentage of the rental cost of the holiday)
0 - 13 days 100%
14 - 27 days 75%
28 - 42 days 60%
43 days or more Deposit
11. Non-availability of Property
If for any reason beyond the Owners' control the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting, the hirer will receive a full refund of all charges already paid.
The Owners accept no liability for loss or damage to the Hirers' possessions on the Owners' land or property.
13. Validity Clause
If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
14. Force Majeure
The Owners do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of force majeure.
Force Majeure means any event which we or the owner providing the service could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
Governing Law and Jurisdiction
The contract is deemed to have been made at Garden Cottage, Grandtully, Aberfeldy, PH15 2EG. The validity, construction and performance of this Agreement shall be governed by Scots' Law. The Hirer submits to the exclusive jurisdiction of the Scottish courts.