TERMS AND CONDITIONS OF BOOKING
- The Contract for a short-term holiday let at a specified property (the Property) shall be made between the Holiday Maker and the owner of the property (the Owner). Discover Scotland (Self Catering Cottages) Ltd, (Discover Scotland), act as an agent for the Owner to take and arrange bookings. The Agent does not own or manage the Property but reserves the right to refuse any booking on behalf of the Owner. The Holiday Maker, the person who is making the booking, must be 18 years old or older and will be responsible for all members in their party.
The Contract will be entered into when the Agent issues the booking confirmation payment receipt and will be subject to all the following booking conditions which are taken as agreed by the Holiday Maker when they submit a booking request.
- Scottish Law shall apply to all contractual obligations arising out of these Terms and Conditions.
- Discover Scotland makes every effort to ensure the accuracy of all information supplied including all property details, however no warranty is given as to their accuracy. Discover Scotland does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether orally or in writing.
- Discover Scotland act only as agent for the owner of the property and can give no guarantee or warranty as to the state or condition of the property. Discover Scotland will not be liable for any act, neglect or default on the part of the owner or any other person, or breakdown of any domestic appliances, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Holiday Maker or any other person may suffer or incur.
- Discover Scotland do not warrant any statements, actings or otherwise of the owner and liability for any acts, omissions, neglect or default etc of the owner are not to be imputed to Discover Scotland.
- The property shall be used solely for the purpose of a Holiday Let as prescribed by Private Housing (Tenancies) (Scotland) Act 2016, Schedule 1 clause 6 and the Holiday Maker shall not sub-let the property, or any part of the property, or any equipment from the property. The hiring contract is a licence to occupy between the Holiday Maker and the owner. The Holiday Maker shall allow the owner or his agents or employees unrestricted access to the premises at any time for all reasonable purposes.
- The booking is made on the understanding that the property is available to the Holiday Maker on the dates stated. If for any reason beyond Discover Scotland’s control (e.g. fire, storm damage, illness, sale or withdrawal of the property by the owner for any reason etc) the property is not available on the date booked Discover Scotland will use its best endeavours to provide alternative accommodation to the Holiday Maker but cannot guarantee that such will be provided and if such cannot be found or is not suitable for the Holiday Maker then all monies paid by the Holiday Maker shall be returned in full. Discover Scotland shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and the Holiday Maker shall have no claim against them. The Holiday Maker shall advise Discover Scotland within seven days of being offered alternative accommodation whether or not it is acceptable. If the alternative property is more expensive Discover Scotland reserves the right to charge the difference in cost
- Submission of an internet booking or completion of a telephone booking with deposit payment will be deemed to be acceptance of these conditions. The person making the booking warrants that he/she is authorised to agree to Discover Scotland’s terms and conditions and is acting on behalf of all persons including those substituted or who join the party at a later date. The person who makes the booking is responsible for ensuring that all persons occupying the property comply with the terms and conditions and in all respects.
- Payment of the 30% non refundable deposit plus booking fee or full payment if within eight weeks of the holiday start date is required on making the booking. Payment may be made by cheque payable to Discover Scotland (Self Catering Cottages) Ltd or by debit/Credit card or Paypal; payment is not accepted by American Express or Diners Card. Payment should be made directly to the office on confirmation of the booking. If the booking cannot be accepted by Discover Scotland, the full amount shall be returned within 7 days. If a booking is accepted, the Holiday Maker becomes liable for the balance of payment for the full period of the holiday, full payment must be made eight weeks prior to the holiday, if payment is not received the booking may be cancelled forthwith and if not filled by a replacement booking the right is reserved to the owner to pursue the Holiday Maker for the due balance payment. Travel directions and key holder information will be issued after full payment for the booking including Damage Deposit. The brochure prices are cash prices. Where payment is made by credit card Discover Scotland reserves the right to levy a charge in respect of each payment so made. If the owner instructs Discover Scotland to refuse or to cancel any booking which has been made on his/her behalf then this will be notified to the Holiday Maker in writing and any monies which have been paid to Discover Scotland will be repaid in full to the Holiday Maker within 7 days.
- Where VAT is applicable, it is included in the rental.
- All Holiday Makers booking a holiday are required to pay either a Damage Deposit, £150 or as noted in the property listing details, or Damage Deposit Waiver of £18, whichever is selected is required to be paid with the balance payment of the holiday. Where selected the Damage Deposit will be held by Discover Scotland to be applied against the reasonable costs of repairs, replacement or additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled other than by normal wear and tear during the holiday. The Damage Deposit, less any reasonable charges, will be returned within 14 days of the departure date. Where any costs exceed the Damage Deposit the Holiday Maker will pay such excess as notified to them by Discover Scotland within 14 days of notification. Where the Holiday Maker has agreed to pay the Damage Deposit Waiver the Damage Deposit is not payable. This amount is non-refundable. If the cost of any damage or breakages exceeds the applicable Damage Deposit value for the property, then the Holiday Maker will be liable for any additional costs. Any such excess will be notified to them by Discover Scotland and due for payment within 14 days of notification.
- Where the Holiday Maker has agreed to pay the Security Deposit Waiver the Security Deposit is not payable. The Security Deposit Waiver is non-refundable. If the cost of any damage or breakages exceeds the applicable Security Deposit value for the property, then the Holiday Maker will be liable for any additional costs. Any such excess will be notified to them by Discover Scotland and due for payment within 14 days of notification.
- Where the Holiday Maker requests a change or alteration to the booking then a minimum administration fee of £40 plus VAT will be applied to the booking for payment by the Holiday Maker.
- Discover Scotland reserves the right to refuse accommodation either on its own account or on behalf of the owner. In no circumstances may the number of people occupying the property exceed the number stated in the brochure neither may the property be used for a party of any sort, unless agreed in advance and in writing. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed. The owner may refuse to hand over the property to any person who, in the owners’ opinion, is not suitable to take charge of the property. If refusal of entry or termination of the booking occurs there will be no refund of any part of the payment made for the holiday and if any damages have occurred there will be no restriction on the owner seeking due reimbursement of reasonable costs. In all such cases, all liability of Discover Scotland and owner shall cease declaring that in no event shall Discover Scotland accept any responsibility or liability for such refusal, termination or otherwise or any loss or damage arising there from.
- The period of hire shall be from 5pm on the day of arrival and the property must be vacated by 9.15am on the day of departure, unless otherwise stated or agreed in writing. If the Holiday Maker is unable to arrive at the property by midday on the day following the holiday start date the Holiday Maker must advise Discover Scotland of the intended late arrival. Failure to arrive by midday on the day following the holiday start date and failure in those circumstances to advise Discover Scotland constitutes cancellation by the Holiday Maker.
- If the Holiday Maker overstays and does not vacate by 10am on the departure day the owner may charge the Holiday Maker a minimum penalty of £250 together with any ongoing costs, losses or expenses arising directly or indirectly as the case may be from the failure to vacate.
- If personal belongings are left at the property these may be forwarded on to the Holiday Maker but will be subject to a minimum administration fee of £40 plus VAT and any postage or delivery charges.
- The Holiday Maker shall at all times maintain the property and its contents in a clean and tidy condition and accept the property as it is equipped at the commencement of hire. The Holiday Maker shall be liable to the owner for any loss, costs, expenses or claims arising from any damage caused or additional cleaning required to the property and/or its contents by the deliberate or negligent act or omission of the Holiday Maker or of any person in his/her party. If, as a result of such damage, the property or any of its contents need to be repaired or any of the contents need to be replaced then the Holiday Maker shall be responsible for paying the reasonable costs of doing so. All properties are designated non-smoking, unless expressly noted in the brochure or web listing, and if there is a need to deep clean due to unauthorised smoking in a property the minimum charge will be £250 which will be payable by the Holiday Maker.
- The Holiday Maker shall at all times use the utility services including internet/broadband facilities of the property in a fair and reasonable manor and to ensure that wastage or over usage does not occur to avoid excess consumption over and above the normal usage in a typical family home. If excess consumption of utilities including Solid Fuel, Telephone or Broadband does occur then the owner reserves the right to charge the Holiday Maker for any excess consumption.
- Pets are accepted only where it is noted that they are accepted in the relevant property description. Where allowed, they must be kept under strict control at all times and must never be left unattended. Unless otherwise agreed in writing a maximum of two pets are allowed. A pet basket or bedding must be brought by the Holiday Maker. Under no circumstances are pets to be allowed on beds or chairs. All animal hairs and excreta must be removed on departure. The owner reserves the right to charge for any cleaning inside or outside the property made necessary by the pet. If pets are present at a property without consent the owner may immediately terminate the booking and require the Holiday Maker to vacate the property.
- If for any reason the Holiday Maker is not satisfied with the accommodation, the owner or the caretaker must be contacted as soon as practical so that the problem can be rectified immediately. Whilst Discover Scotland does not accept any responsibility, if the Holiday Maker is not satisfied with the accommodation offered, Discover Scotland may at its sole discretion take up the matter with the owner on the Holiday Maker’s behalf, based on the information in the general notes in the editorial and provided that full details of the complaint are received in writing at the address given on the back of the current Discover Scotland’s brochure no later than 5 days after the commencement of the period of the holiday let. Under no circumstances will Discover Scotland’s liability exceed the rental paid for the property.
- Cancellation by the Holiday Maker on bookings up to a booking value of £1500 may be made at any point until the close of business 14 days before the start date of the holiday. If the Holiday Maker cancels then no balance will be due or if already paid, it will be refunded other than as noted below; the deposit and the booking fee are not returnable. The Holiday Maker may cancel for any reason however no refund of balances will be made to visitors if the cancellation is due to widespread disruption which is beyond the control of the property owners and Discover Scotland, for example:
- Acts of war, terrorism or criminal action.
- Industrial disputes, riots, civil commotion.
- Natural disasters (e.g. earthquake, flood, volcanic eruption, tidal wave, storm).
- Epidemic of disease in humans, animals or birds.
- Adverse weather conditions.
Discover Scotland does not provide any insurance against cancellation neither loss nor injury while on holiday, nor loss of the deposit, and the Holiday Maker should approach your own insurance company to arrange suitable cover.
The Booking fee is not refundable in any circumstances.
The 30% Deposit is utilised for the administration cost of processing the cancellation together with remarketing costs. If these costs are less than the deposit then Discover Scotland will notify the Holiday Maker and refund any balance of the deposit
In respect of bookings for more than £1500 the following balance return conditions will apply subject to the foregoing general provisions:
|Number of days’ notice of cancellation prior to holiday date||% holiday cost due from and not returnable to Holiday Maker on cancellation|
|56 or more days||60%|
|30 – 56 days||80%|
|Less 29 days||100%|
- The clauses of these General Conditions shall operate on the basis that the terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated. Nothing contained in the General Conditions shall exclude Discover Scotland from any responsibility which they have in law in so far as it is competently varied or excluded and these General Conditions shall be read and construed accordingly.
- No employee or agent of Discover Scotland has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of Discover Scotland, excepting only the Managing Director of Discover Scotland.
- These General Conditions supersede all previous versions