HOLIDAY RENTAL CONTRACT & TERMS AND CONDITIONS OF RENTAL
Please read these terms and conditions of rental contract before signing. You are entering into a binding contract with the Owner of the holiday property you are intending to book. A legally binding contract shall exist between the Holidaymaker & the Property Owner subject to the following booking conditions.
Owners : the legal Owners or other persons for the time being entitled to the Property or its rental income.
Customer : the person reserving the Property for the Period.
Property : The Croft, Quoyeden, South Ronaldsay, Orkney, Scotland, KW17 2RL
Period : the period of time specified in the Booking Form for which the Customer is to occupy the Property for holiday purposes.
Booking Form : such form or document whether in written, printed, facsimile or electronic form produced for the purpose of recording the particulars of the Customer, Property, Period and any other relevant or desired terms relating to the occupation of the Property for holiday purposes. (In these conditions words importing the singular shall include the plural and vice versa. Words importing one gender shall include any other gender. Where the Customer comprises more than one person the liability of all such Customers shall be joint and several. The person who signs this form on behalf of the Customer warrants that he has full authority and power to sign it and to accept these terms and conditions on behalf of himself and any other persons comprising the Customer. The definition of the Property shall include a reference to any alternative property substituted for it if the context so requires the headings of the clauses and conditions shall not affect their interpretation.
Formation of Contract : The Contract is formed on receipt of a deposit. Payment by cheque is deemed received on clearance of such cheque. Provisional bookings will not be kept unless instructions and deposit are received within 5 working days of such provisional bookings.
Payment : If a booking is made, the deposit plus written confirmation must be received within 5 days of initial enquiry. In all of the cases payment of the outstanding balance due under the booking allowing for the deposit paid must be made not less than 28 days before the starting date of the period. Neither the Owners nor the Agents shall be under any obligation to issue reminders for such balances due. Non payment of such balance in such a manner shall entitle the owners or agents to treat the reservation as cancelled by the Customer. Where the Agent has not received the balance by the due date, an overdue reminder letter may be issued to the Holidaymaker (Customer) and a charge of £20 will be added to the balance due.
Cancellation & Forfeiture : If the Customer cancels a reservation of the property for the period the deposit paid shall be forfeit in any event the owners will attempt to re-let the property for the period but no guarantee can be or is given as to the result. If the property is not re-let for the period the full cost of the holiday specified in the booking form shall be due and payable by the Customer including any balance unpaid by the Customer at the date of cancellation. If the property is re-let for the Period the Customer shall be liable to pay the deposit and the costs and expenses of the Owners and Agents in re-letting; any sum paid by Customer to the owner in excess of such deposit costs and expenses shall be refundable to the customer without interest.
Arrival : The property shall not be occupied prior to 3.00pm on the first day of the period. The Customer shall be liable for any loss, claim, cost or expense arising from any failure on the part of the Customer arriving at the property in accordance with this condition.
During the period : the Customer shall not allow the property to be occupied by more persons (and where appropriate animals) than the maximum specified for the property on the booking form. The Owners and the Agents shall have the right to enter the property at all reasonable times during the day (save in the case of emergency) for the purposes of inspection and repair of the property and its equipment, fittings and contents. The Customer shall occupy the property for holiday purposes and no other.
Customer obligations :
1. To pay for all electricity at the property during the Period, unless otherwise agreed.
2. To pay for any losses or damage to the property, however cause (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be recovered under any Householders insurance policy maintained by the Owner.
3. To keep the property and all furniture, fittings and effects, in or on the property, in the same state of repair and condition as the commencement of the Period, and to leave the property in the same state of cleanliness and general order in which is was found. The Owner will be entitled to make an additional charge to the Customer if extra cleaning is made necessary as a result of the property being left in a dirty condition upon the Customer's departure. This includes the removal of dog mess from garden/outdoor areas or dog hair from furniture and bedding.
Departure : The property shall be vacated by no later than 10.00am on the last day of the period. The Customer shall be liable for any loss, claim, cost or expense arising from any failure on the part of the Customer to vacate the property in accordance with this condition.
Discrepancies : whilst the Agents and Owners take all reasonable steps to ensure the accuracy of the brochures/website and illustrated materials produced in relation to the property its facilities and surroundings, no liability for errors or omissions is accepted. Distances and dimensions are approximate. Facilities may alter or be withdrawn. No liability shall attach to the Owners or the Agents for the consequences of the acts or omissions of persons or events outside their influences or control.In the event of any discrepancies between these booking conditions and the contents of the brochure/website these booking conditions shall prevail.
Complaints : To enable any complaint to be investigated and an action considered, complaints must be taken up with the owners or agents immediately. The Agent shall refer any complaint they consider valid and justified to the relevant Owners. The responsibility for any necessary remedial action at all times shall remain with the Owners for whom the Agents act only as Agents. If the Customer vacates the property prematurely as a result of any alleged dissatisfaction, or makes any claim upon return home from the property, and has not followed this procedure, then no liability for any subsequent claim will be accepted or correspondence entered into. All complaints made during the Period must be confirmed in writing to the owners, within 7 days of the last day of the period. N.B. Individual property details & descriptions advertised are supplied by Owners who are wholly & solely responsible for the content therein.
Alterations : A Customer wishing to alter a booking after the contract is formed shall forfeit the deposit paid on booking and any alteration shall be treated as a new booking and contract. Where a Customer has requested services in addition to the basic cost of occupation of the property for the Period and the cost of such services increases between the date of the booking and the start of the Period such increase cost shall be borne and paid by the Customer. If for reasons beyond the control of the Owners or Agents the property is not available for the Period the Agents will endeavour to offer alternative accommodation of a similar type and standard and at the same cost as that originally requested by the Customer. If the alternative accommodation is not acceptable to the Customer, or no alternative accommodation can be offered, the owner will refund in full all monies paid and be under no other liability.
Pets : Pets are permitted in the property only if so agreed to by the owner. If a pet is taken to a property where pets are excluded, or the stated number/size of pets is exceeded, the Owner and the Agents are entitled to refuse entry and this will be treated as a cancellation by the Customer.
Pets are not permitted in the bedrooms or on any item of furniture. Bedding for pets, food and drink bowls must be supplied by the customer. Dog mess must be removed from all areas on a daily basis.
Smoking : Smoking is strictly prohibited in any room, building or outbuilding. The owner reserves the right to charge additional cleaning fees if this prohibition is not adhered to by customers or their guests.
Amenities : The use of amenities where offered, such as swimming pools, tennis, fishing, golf etc. are entirely at the User's risk and the Agents/the Owner will not accept responsibility for loss or damage to the Customer's belongings, personal injury or loss of life. Availability of amenities cannot be guaranteed.
Holiday & Personal Insurances : We strongly advise you to take out holiday insurance to cover any eventualities that may result in you having to cancel your holiday. We strongly suggest that you take out your own holiday insurance to cover any losses, accidents, damage, injury, expense or inconvenience whether to person or property which may arise out of or in connection with the period.
Jurisdiction : These terms and conditions shall be read and construed in accordance with the laws of Scotland and the parties hereby submit to such jurisdiction.