Cairn Shiel Terms and Conditions (includes Cancellation Policy)
Once a booking has been confirmed, a contract has been entered into. The person whose name appears on the booking form agrees to take full responsibility for ensuring that all the following conditions of let are adhered to by all members of the party.
By placing a booking the lead guest accepts full responsibility for ensuring that they, and all of their party, comply with all UK and Scottish Government guidelines and Covid restrictions that apply at the time of their stay, as well as adhering to the terms of our Covid-19 Statement.
**For all new bookings staying in 2020/21, we offer the security of a full refund, minus an administration fee of £30, if UK or Scottish Government restrictions prevent you from travelling to the property, or prevent us from opening due to Covid-19** (see section 5 below)
1) GENERAL
The contract for a short-term holiday rental will be between Cairn Shiel (referred to as "us" or "we") and the person making the booking and all members of the holiday party (referred to as "you" or "your"). Any disputes arising out of, or in connection with, this contract will be governed by Scottish Law. The contract is subject to these terms and conditions, and must be complied with.
You accept that a completed booking agreed by both parties is a binding contract and that any subsequent amendments must be agreed by both parties in writing.
The agreement to stay in the property for the holiday period does not create the relationship of Landlord and Tenant between us. You are not entitled to a new tenancy; any assured short hold or assured tenancy; or any statutory protection or other statutory security of tenure now or at the end of your holiday period.
The contract of hire is not effective until we have received the deposit.
The party leader must be at least 21 years of age at the time of booking unless by prior agreement.
We welcome well-behaved pets and therefore cannot be held responsible or liable if you, or any of your party, suffer from allergic reactions resulting from this.
Access to the property is via steps as stated on our website. This may make it un-suitable for guests with a disability that affects their mobility. We cannot accept responsibility for any issues which arise because of this.
You are responsible for shutting and locking all exterior doors and securing the property when absent or sleeping.
Wi-fi is included free of charge. However, please note that if the wi-fi stops working for any reason, guests are not entitled to a refund or compensation if we are unable to rectify it.
We are not responsible for any changes or closures to any local services or attractions.
You are responsible for minimising any fire risk.
Electricity and heating should be run at the minimum level required (where possible), particularly when not present at the property.
On receipt of the quarterly telephone bill, we reserve the right to charge you for any unpaid-for calls (reverse charges, operator or overseas) made during the period of your stay.
In the event of any problem arising before or during the holiday, you should immediately bring this to our attention. Claims for compensation cannot be considered after your holiday period at Cairn Shiel has ended if there was no such prior notification.
Pine martens are protected by law. In the interest and welfare of the pine martens we ask our guests not to disturb them whilst they are feeding. It is strictly forbidden for any external lighting and hides of any sort to be erected outside the cottage and surrounding areas.
2) YOUR BOOKING
Bookings are only in relation to accommodation, and do not include any flights, transport or transfers to the property.
There is a 24 hour cooling-off period during which you may request a change to the dates of your stay or cancel your booking and be refunded the full amount paid.
If you wish to make a change to your arrival or departure date either during or after the 24-hour cooling off period, this is only possible subject to availability and with our agreement. You must pay any difference in price. We must receive confirmation in writing before a revised booking confirmation can be issued. This can be by email.
We reserve the right to amend the rental price paid if errors or omissions come to light. In such circumstances we will contact you as soon as we become aware of an increase in charges. If you do not wish to pay the increase you will be entitled to cancel the reservation and receive a full refund.
The rental of the accommodation is for holiday purposes only and no work or business is to be conducted from the property unless agreed by us prior to booking.
3) OCCUPANCY
Unless by prior consent the maximum occupancy of Cairn Shiel is 4 guests.
The number of persons using the accommodation at any time must not exceed the maximum number as stated on your booking form without our consent and payment of the appropriate additional fee.
Under no circumstances may more than the maximum number of persons stated on the website (4) occupy the property without prior consent.
Exceeding the maximum number of persons in the cottage overloads the facilities available which are not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).
You must agree not to sub-let or re-assign the property to another person or persons.
4) PAYMENTS
A 30% deposit is required to secure your booking (or a minimum payment of £110). If your stay is within 6 weeks the full amount is payable at the time of booking.
The final balance is due 6 weeks prior to the start date of the rental.
A refundable damage deposit of £60 is also due 6 weeks prior to the start date of the rental (see section 8)
Non-payment of your balance by the due date, without prior consent, may be treated as a cancellation of your booking and we will be entitled to re-let the property. You will not be entitled to a refund of your deposit.
5) CANCELLATIONS
GUESTS ARE STRONGLY ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE
Any request to cancel a booking must be made in writing to us. The cancellation is effective from the date we receive the email/written notification. We will acknowledge the cancellation by email.
You shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of the cancellation.
We will attempt to re-let the property in respect of the cancellation period. If the accommodation is re-let at the full rate, a full refund, less a £30 administration fee, will be made. If re-let at a lesser rate a partial refund will be made pro rata. If not re-let then no refund will be made. To safeguard against cancellation charges or other unforeseen eventualities cancellation insurance should be considered.
In the unlikely event that Cairn Shiel becomes unavailable and guests are denied access due to circumstances beyond our reasonable control including, without limitation, fire, flood, war, or acts of terrorism, we will make a full refund of monies paid to us, or a proportion, in case of curtailment. We cannot, however, pay any compensation or expenses as a consequence of such an event and our liability would not extend beyond this refund.
No refunds will be given for early departure.
**For all new bookings staying in 2020, we offer the security of a full refund, minus an administration fee of £30, if UK or Scottish Government restrictions prevent you from travelling to the property, or prevent us from opening due to Covid-19.
6) CARE OF THE PROPERTY
You must undertake to keep the accommodation and all furniture, fixtures and fittings in the same state of repair and condition as at the start of the rental.
You must leave the accommodation clean and tidy upon departure.
Smoking is strictly prohibited inside the property. Litter must be disposed of safely and appropriately.
You must not use the property for any dangerous, offensive, noisy, immoral activities or carry out any act(s) that may be a nuisance or annoyance to the inhabitants of, or visitors to, Kinlochewe during your stay.
Entry and departure times are detailed on our website and in the Guest Area on Bookster, and should be adhered to unless prior arrangements have been made with us.
We, or our representative, are allowed to access the accommodation at any reasonable time during your stay but must give prior notification to you.
In the event of breach of these terms and conditions you and your party may be required to leave the property during the period of the booking without compensation.
7) PET RULES AND CONDITIONS
We allow you to bring up to 2 well-behaved pets to Cairn Shiel upon payment of the appropriate fee. We may allow more than 2 pets but this must be discussed and agreed with us at the time of booking. We require that you read, and agree to the following rules which form part of the booking conditions. You agree:
Never to leave any pet unattended in the property or garden
To keep your dog under control when outside
Not to allow any pets in the bedrooms
Not to allow any pet on the furniture, especially not the beds
To remove animal hairs from carpets
To bring all pet bedding required and towels for drying the pet when required
To ensure that any pet is clean and dry before allowing inside the property
To ensure that pets behave in such a manner as not to disrupt the wildlife or enjoyment of other people staying in the vicinity, or prejudice the reputation of the owner of the property
To promptly pick up all dog mess from the garden and surrounding countryside
To pay for any damage caused by your pet, or additional cleaning above what could be reasonably expected.
8) DAMAGES AND DAMAGE DEPOSIT
Your refundable damage deposit of £60.00 will be returned 5 days after your departure provided the property is left clean and tidy; there have been no breakages; no extra cleaning is required; and no extra people have been found to be staying at the property.
Should there be more than £60 costs incurred due to breakages or damage, further payment will be required from you to cover all costs for any extra labour time needed to clean and prepare the property for the following incoming guests, or to right any damage to the property or contents.
A charge may be made for breach of no smoking policy.
You will be informed of any charges in advance.
9) SECURITY AND PRIVACY OF YOUR DATA
Information you provide may be used to contact you with regard to your forthcoming booking.
We will ensure that:
Your personal data is only used for the legitimate interests of Cairn Shiel and does not unduly prejudice your rights and freedoms.
Your personal data will be processed fairly and lawfully in accordance with the Data Protection Act and Data Protection Principles.
Your personal data will be kept only for so long as is necessary for the specified purposes, so as to comply with Article 5(e) of the GDPR.
10) LIABILITY
This condition sets out our entire financial liability to you and your party in respect of any breach of this agreement; any use made by you of the property during your stay; and any representation, statement, or intentionally harmful act or omission (including negligence) arising under or in connection with this agreement.
The responsibility for your personal property and that of your party is solely yours during your stay at Cairn Shiel.
Any vehicle of yours, any of your party or any third-party making use of the property during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle.
You and all members of your party agree to absolve us of any responsibility for any accident or mishap to persons or property whilst on the premises, or from any illness or injury arising from any cause whatsoever. However, nothing in this agreement limits or excludes the liability of us for death or personal injury resulting from our negligence, or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability to you is limited to the monies paid in respect of your reservation under the conditions of this agreement.
Updated 04/07/20