BOOKING TERMS AND CONDITIONS
1.1. The Contract for renting the Selected Property is between You and the Owner and it incorporates and is subject to these Booking Conditions.
1.2. By making a Booking You are deemed to have made an offer to enter a contract with the Owner for the letting of the Selected Property in accordance with the Booking Conditions.
1.3. The Booking will be deemed accepted and the Contract referable to the Booking will come into effect and be legally binding when Lochieheads House issues confirmation to You.
2. BOOKING AND PAYMENT
2.1. You may make a Booking by enquiring to Lochieheads House.
2.2. If, when making your Booking, the start date of your proposed Rental Period is more than 4 weeks away, You must pay a deposit to Lochieheads House. This deposit is 50% of the Rental Fee. The balance of the Rental Fee is payable 30 days before the start of the Rental Period.
2.3. The entire Rental Fee is payable at the same time as your Booking if the Booking is made 4 weeks or less before the start of the Rental Period.
2.4. Lochieheads House reserves the right to cancel your Booking at any time and retain the deposit if the balance is not received by the due date.
2.5. Lochieheads House will issue confirmation to You once it has received the enquiry and all money due at the time of Booking in cleared funds provided that the Selected Property is available. You should check the confirmation carefully and notify Lochieheads House immediately in case of any discrepancy or mistake.
2.6. Lochieheads House may at any time before it issues a confirmation accept bookings from other customers for the Selected Property.
2.7. If the Selected Property is unavailable for your selected Rental Period and Lochieheads House is unable to accept the Booking for this or any other reason, Lochieheads House will return all money received from you in full.
3. GOOD HOUSEKEEPING DEPOSIT
A good housekeeping deposit is a bond which represents your agreement to leave the house and contents as you found them.
We will require a good housekeeping deposit from you, as a bond, representing your agreement to leave the property as found. This is £600. The owner may claim for any loss or damage up to the amount of the good housekeeping deposit. In addition to damages, they may claim for excessive cleaning costs, smoking in non-smoking properties over-occupancy etc. They may make a claim for any costs arising from your rental which were not anticipated or factored into your rental. Please be aware that smoking in the houses or taking dogs into house which do not accept pets leads to the full good housekeeping deposit being claimed. The good housekeeping deposit is pre-authorised on the credit/debit card used to pay your balance.
Provided the property is left as found at the end of the rental, no claim will be made, and the full amount will be released to the card provided within 7 days following your departure.
If the property owner claims for loss or damage and informs us of any such claim within the 7 days following your departure, We will deduct the required amount from your card and inform you of this. The Owner is required to provide you with a breakdown of the claim
4. METHODS OF PAYMENT
4.1. Our preferred method of payment is by bank transfer. You may also pay by card.
4.2. For Bookings made less than 1 week before the start of the Rental Period, payment must be made in cleared funds, i.e. by bank transfer.
5.1. If You cancel the accepted/confirmed Booking for any reason, You must notify Lochieheads House in writing at the address stated in these Booking Conditions.
5.2. A cancellation charge is payable depending on the number of days (or part thereof) before the Rental start date that the notice of cancellation is received. The amount payable is set out below, where ‘number of days’ refers to the number of days-notice given at cancellation prior to the start date, and the ‘Cancellation Charge’ refers to the percentage of the Rental Cost of the:
Number of days Charge
30 days or less prior to arrival - 100% of total booking value
31 - 89 days prior to arrival - 75% of total booking value
90 days or more prior to arrival - deposit or the equivalent of 50% of total booking value
5.3. If We are unable to sell any part of the cancelled period, then all monies paid will be forfeit and for this reason we strongly advise clients to obtain their own holiday cancellation insurance. We shall not repay any monies due to the Client as the result of a booking cancelled by the Client until the cancelled period has been re-sold. Further details of which are set out in condition 16.
5.4. If the Property which you have booked and which has been accepted becomes unavailable or unusable for any reason prior to the start of the Rental Period, We will be reimburse any sums received from you in respect of the Contract.
6. RENTAL PERIOD
6.1. The Rental Period commences, unless otherwise notified, at 4.00 pm on the day of arrival and terminates at 10.00 am on the day of departure. Wherever possible the owners will be as accommodating as possible but any change to the specified arrival and departures time must be by agreement.
The housekeepers will be cleaning and preparing the house anticipating your arrival at 4pm or later. Please do not arrive earlier than this, except by prior arrangement. An unexpected early arrival may lead to the house not being as clean as you would like as cleaners may leave when you arrive.
6.2. At certain times of year late departures may be available at Our discretion.
6.3. We will notify You at the time your Booking is confirmed, if the extended stay is available.
6.4. If your stay extends beyond the period of hire in condition 6.1, or such other period as expressly agreed in condition 6.2, You may be subject to a charge for the additional time based on the applicable daily rate for the Selected Property.
7. CHANGES OF RENTAL PERIOD
7.1. We will endeavour, but are under no obligation, to consider a request from You to change the Rental Period after it has been confirmed and accepted. Such a request will only be accepted if:
• The Property is available for the new Rental Period requested.
• You pay an administration fee of £42.00 and any sums due in respect of any higher prices for the Selected Property for the new dates.
8. USE OF SELECTED PROPERTY
8.1. You agree that the number of people staying in the Selected Property will not exceed the maximum capacity of 15. The sleeping arrangements must be within the bedrooms/beds provided as sleeping in any of the public rooms/areas within the properties is strictly prohibited.
8.2. If you plan to invite additional non-resident guests to the House please advise the Management as an additional daily charge will be added.
8.3. You and your guests will comply with any reasonable regulations relating to the Property or the site within which the Property is situated, which will be communicated to you upon/prior to your arrival at the Property.
8.4 By agreeing these Terms & Conditions the Client warrants that they will not sell or transfer the booking to another party.
9. CARE OF SELECTED PROPERTY
9.1. You agree to keep the Property and its contents in the same condition and repair as found on your arrival at the Property and shall procure that your guests shall also take such care of the Property and its contents.
9.2. If either You or any of your guests, by act or omission causes damage to the Property and/or its contents, You agree to pay to upon written demand, any reasonable costs incurred in making good any such loss or damage.
9.3. You shall abide by all instructions regarding the use of the Property and its fixtures and fittings as notified to You by the Owner from time to time.
9.4. You must ensure that the Selected Property is left in a clean and tidy condition on your departure at the end of the Rental Period. We may charge You for the reasonable costs of any additional cleaning if this is reasonably considered necessary.
9.5 If the House is left in an unacceptable manner and additional Housekeeping is required then a charge of up to £600 shall be retained from the Good Housekeeping deposit to cover cleaning. If any damage to the property or cleaning duties are deemed to be over the value of £600 Lochieheads house holds the right to claim more monies from the lead guest.
9.6 You agree to abide by our naked flame policy to which it states, no open flamed candles of any description are allowed in the property at any time and you agree to use the wood burning stoves correctly and appropriately as per the instructions in the welcome pack that is presented on arrival.
10. RIGHT OF ENTRY
10.1. We as the Owner shall have the right of entry to the Selected Property at all reasonable times, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out any necessary repairs or maintenance.
11. RIGHT TO REFUSE BOOKINGS AND TO TERMINATE CONTRACT
11.1. The Owner reserves the right to refuse Bookings from:
(a) groups of people under the age of 25
(b) hen or stag parties.
11.2. You must inform us at the time of Booking if your party falls in condition 11.1(a) and/or 11.1(b).
11.3. The Owner reserves the right to terminate a Contract without prejudice to any rights and remedies accrued by the Owner or You which shall remain following termination and ask You and your guests to leave the Property immediately if it is deemed necessary by the Owner as a result of your behaviour or that of any of your guests or any other material breach of these Booking Conditions.
11.4. In the event that your Contract is terminated in accordance with condition 11.3, the Owner reserves the right not to refund to You any part of the Rental Fees in respect of the shortened Rental Period.
12.1. Should there be any cause for complaint during your stay in the Property, You should notify us promptly and describe the nature of the complaint. We will use its reasonable endeavours to resolve any complaints on behalf of the Owner but, in accordance with condition 11.1, accepts no liability for its actions all of which are performed on behalf of the Owner who shall be solely liable.
12.2. There will be a housekeeper on call, whom You can contact in the event that you have a problem with the Property. The Housekeeper will use their reasonable endeavours to resolve any issues.
12.3. Any complaints You wish to make after your Rental Period has ended should be made in writing and sent to us within a reasonable period thereafter.
13. CANCELLATION INSURANCE
13.1. If You wish, You may take out cancellation insurance to help protect You from cancellation of your Booking. This is not compulsory.
13.2. Where You have taken out cancellation insurance and cancel a Contract with us, the cancellation must be notified to us in writing. Should a cancellation be made which is not covered in full under the terms of the cancellation insurance, you remain liable in accordance for any monies owed.
14. DATA PROTECTION
14.1. For the purposes of the Data Protection Act 1998, the Owner and Lochieheads House are Joint Data Controllers of all personal data provided to us by You. The Owner agrees that We can process such personal data on its behalf, for the purposes of processing and administering your Booking.
14.2. Lochieheads House will comply with the Data Protection Act 1998 and any directions issued by the Information Commissioner in the processing of such personal data.
14.3. You agree that We may process your personal data in this way and may need to pass your personal data on to third parties and organisations who need to know them so that the Booking can be provided.
14.4. You agree that We may also process and store your personal details for its own administration, market analyses and operational reviews.
14.5. We would also like to store and use your personal data for future marketing purposes (for example, sending brochures, details of promotions, or offers which Lochieheads House feels may be of interest to You). All details, with the exception of credit/debit card data, given to us at any time will be kept, but only names, contact details and the Booking preferences will be used for marketing purposes unless You are informed otherwise when the information is provided. If You have made your booking by supplying details to us in writing by agreeing to these Booking Conditions, You consent to us sending You such information and if you do not wish to receive such information from us, please notify us in writing.
14.6 You have the right under the Data Protection Act 1998 to obtain information about You held by us. Should you have any queries regarding this right or your personal information please contact us.
15.1. If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15.2. You shall not, without the prior written consent of the Owner, assign or transfer, or deal in any other manner with all or any of your rights or obligations under this Contract.
15.3. A person who is not a party to this Contract shall not have any rights under or in connection with it.
15.4. The Contract shall be governed by and construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.
16.1. Subject to condition 15.1 all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract.
16.2. Subject to condition 15.1 the Owner and/or Lochieheads House shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or for any loss (either direct or indirect) of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
16.3. Subject as stated in condition 15.1, the aggregate liability of the Owner and/or Lochieheads House to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the Contract shall be limited to damages not exceeding the total amount of the Rental Fee received from you.
16.5 We will not refund any monies paid due to a pandemic; however, we will endeavour to reschedule those bookings affected.
17. FORCE MAJEURE
17.1. Neither Lochieheads House nor the Owner shall be liable for any delay or non-performance of their obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond its reasonable control.
TERMS AND CODITIONS
A - GUEST SAFETY
The Owner and Lochieheads House take guest safety very seriously. Therefore, we ask that Guests who stay in a Property take a few moments on arrival to think about their safety. In particular we ask that Guests should:
• Check the layout of the Property, so that in an emergency you and your party can get out quickly and easily.
• Check the locations of the fire extinguishers and fire blanket and read the instructions for use.
• Check the location of the first aid box; and
• Read and take note of specific safety information provided in the Property.
If you have any concerns about the safety of the Property, whether it be the garden, equipment or facilities you should contact us immediately.
B - LOCATION
Lochieheads House is in a rural location and can experience some animal noise and occasionally noise from grass cutting or other farm machinery or activities.
C - COMPLAINTS
Great effort is made to maintain the highest standards of furnishing and fittings. On the very rare occasion when you may experience a shortfall in housekeeping or maintenance, please contact the housekeeper during your stay so that the Owners can try to minimise any inconvenience, discomfort or dissatisfaction.
D - GUEST DAMAGE
You should report accidental damage or breakage if and when it happens. Repairs or replacement items can then be arranged in advance of the arrival of the next guests.
F - PETS
Pets are allowed on request only. Charges apply of £20 per night per pet. A maximum of two pets are permitted in one stay. Pets must be confined to the ground floor only and not permitted in any bedrooms or on any furniture. Guests must clean up any mess outdoors.
G - SMOKING
Lochieheads House operates a non-smoking policy. Guests wishing to smoke can do so in the designated outdoor area.
TERMS AND CODITIONS
H - LOG BURNERS
The log burners can get very hot, please refrain children from touching them.
I - LOSS OF POWER SUPPLY
On the rare occurrence a loss of electricity power supply takes place in the local area, we shall endeavour to do all we can to make guests comfortable. We do not accept responsibility for such events.
J - Special Requests
Special requests may be made prior to travel and whilst we will endeavour to meet them, this cannot be guaranteed. Under no circumstances will requests accepted by us form part of our contractual obligations.
K - Problems During your Stay
In the rare event that you have a problem with or complaint about your accommodation, please call the Housekeeper as quickly
as possible so that swift action can be taken to remedy the situation.
L - Withdrawal of Facilities
We reserve the right to alter or withdraw amenities or facilities or any activities without prior notice; where reasonably necessary
due to repairs, maintenance, weather conditions and circumstances beyond our control.