Bookings Terms and Conditions for Drylaw House.
1. THE CONTRACT
The Contract for a short-term holiday rental will be between Drylaw House (referred to as “us”, “we” or “our”) and the person making the booking and all members of the holiday party (referred to as “you” or “your”) in the following booking terms and conditions. As our properties are located in Scotland, you and we agree that the laws of Scotland will govern our contract with you (the “Contract”). If any individual term or clause stated in these terms and conditions held to be invalid, impermissible or unenforceable permissible by law, the remaining terms shall be unaffected and shall remain valid.
The Contract will not come into force until we have received the Deposit referred to in Clause 2 below. The Contract will be subject to these booking terms and conditions, and must be complied with. The party leader must be at least 18 years of age at the time of booking and prior to arrival we must be provided with a full list containing the names, addresses and ages and contact details of all guests (which we will hold subject to Clause 13 below).
2. DEPOSIT AND PAYMENT
Your booking (“Booking”) may be placed over the telephone, by email or directly on our online reservation system. Where your Booking is communicated to us by telephone or by email, we will enter it onto our online reservation system, which will automatically generate a summary by email to the email address you provide in the online Booking form. However, that does not mean that your Booking is yet confirmed or that a Contract is yet in force between us and you.
Your Booking will only be confirmed and our Contract will only come into force once we have received payment in cleared funds of a deposit of thirty-three per cent (33%) of the full cost of your Booking (the “Deposit”).
The Deposit must be paid within three (2) days (48 hours) of the Booking being placed.
The balance of the rental will be due for payment fifty six (56) days prior to your holiday commencement date (the “Holiday Commencement Date”).
If you paid the Deposit by credit or debit card, you authorise us to use the details of the same credit or debit card to settle the balance of the rental. We will only act on this authority if you have not contacted us prior to the Balance Due Date to arrange alternative payment of the balance.
If for any reason we are unable to take payment of the balance by the due date and you are unable to promptly rearrange payment (or we cannot get hold of you to arrange for payment to be made) we will be entitled to treat that as your intention to cancel the Booking. If your Booking is made less than fifty six (56) days prior to the Holiday Commencement Date then your Booking will only be confirmed and our Contract will only come into force once we have received payment in full for the Booking in cleared funds.
No entry to our properties will be allowed without payment, in full, being cleared beforehand.
We accept payment by most major credit or debit cards and by bank transfer.
3. CANCELLATION
Cancellations must be notified to and received by us in writing (preferably by email) and once received we will confirm and process your cancellation request. We will make every attempt to re-sell the dates of your reservation. If we are successful then we will refund your payment made less a £50.00 administration fee. Refunds will be made by bank transfer and we will require your bank account, sort code and the name the account is held in to complete the refund. If we are unable to re-sell your dates then any monies paid will be retained by us.
For this reason, we strongly recommend you take out your own travel insurance for UK holidays which covers booking cancellations. This will give you the peace of mind that you will get your money back if you need to cancel your holiday at almost the last minute. If you choose not to then you accept responsibility for any loss that you may incur due to your cancellation.
4. CANCELLATION BY US FOR REASONS BEYOND OUR CONTROL (“FORCE MAJEURE”)
We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage, internet or other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property) (these are sometimes referred to as “Force Majeure Events”).
If for any reason beyond our control we are forced to cancel your Booking (or bring it to an end early) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable.
5. PERIOD AND OTHER TERMS OF HIRE
The period from the Holiday Commencement Date to the day of departure set out in the Booking (the “Holiday Departure Date”) is the “Holiday Period”.
Unless expressly agreed by us in writing, you should not arrive before 4pm on the Holiday Commencement Date, and you must leave and vacate the property by 10am on the Holiday Departure Date (Except Sunday which is 12pm). Failure to do so may result in you being charged a further day’s rental.
You must not use the property except for the purpose of a holiday during the Holiday Period, and not for any other purpose or for a longer period except with our express written agreement. In these circumstances an additional set or Terms and conditions will be provided for you to sign.
The Contract to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
This Contract relates to a “holiday let” the purpose of which is to confer on you as a holidaymaker the right to occupy our property for a holiday only. You shall not be entitled to any private residential tenancy or other tenancy, assured short hold or assured tenancy, lease, licence or other right to occupy, nor shall you obtain any security of tenure under any applicable law including but not limited to under the Private Housing (Tenancies) (Scotland) Act 2016 now or at the end of the Holiday Period. You may not sub-let the property.
In the event that you are required, in accordance with guidelines imposed by the UK and Scottish Governments in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)), to self-isolate at the property you will be responsible for the cost of (i) any additional nights out with the Holiday Period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.
6. NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on our website occupy the property, except with our express written permission in which case we shall be entitled to charge an additional event fee (for example events). We reserve the right to refuse admittance or require you to leave our property if this condition is not observed. Any persons other than members of your party must not use our accommodation or facilities.
7. OUR LIABILITY
We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.
8. CARE OF THE PROPERTY
You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.
Smoking is not allowed in the property.
You must ensure the property is securely locked when not occupied by you.
9. SECURITY DEPOSITS DAMAGES & BREAKAGES
Security Deposits are taken on all bookings, the amount is £750.00 and is itemised at the bottom of your invoice. This sum will be pre-authorised on your debit or credit card two weeks prior to your arrival. At this point you will be issued with your direction sheet to the property and arrival instructions. Access to the property will be denied if we have not been able to successfully pre-authorise your credit or debit card. We do not accept cheques or cash.
A Security Deposit is required to cover costs resulting from the action or inaction of you or a member of our party such as (but not limited to): the property being left in an unreasonable state, loss or non-return of keys, excessive or long distance telephone call charges, neglect or damage to the property, damage or loss of contents and/or, any extra or excessive cleaning costs required.
The Security Deposit will be refunded within 7 – 10 days of your departure from the property less any costs incurred. Please note: If we are awaiting a quote for repair/replacement of items, an extension of this 14-day timescale may be necessary.
In the event of damages attributed to you or a member of your party during your stay we will notify you as quickly as reasonably possible together with any evidence provided. The cost of any remedial action shall be deducted from the Security Deposit and the balance refunded to you.
In the event that the cost of rectification for losses or damage caused by you or a member of your party exceeds the Security Deposit held, we shall notify you of any additional amount owing. We reserve the right to pursue recovery of any additional cost over and above the Security Deposit and for this reason adequate personal liability insurance is strongly recommended.
In the event that we are unable to contact the you to advise of deductions from the Security Deposit, then we will not be held accountable for any bank charges or other losses incurred by you resulting from those deductions from the Security Deposit. If we are unable contact you, refund of the balance of the Security Deposit cannot be guaranteed within 7–10 days.
10. WIFI & INTERNET
Free Wi-Fi and broadband internet is provided for your reasonable use and may be subject to separate terms and conditions. You agree to reasonable and lawful usage of this service. We will not be liable for slow connections or for any interruptions to or the failure of this service.
11. RIGHT OF ENTRY
We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
12. COMPLAINTS
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you to return (and to recommend us to your friends!). We live nearby, and will do our best to resolve any problem.
13. DATA PRIVACY STATEMENT
See our Privacy Policy.
Information that we acquire from our clients will be treated as confidential and will not be disclosed other than in the normal course of performing services on our client’s behalf unless their consent has been obtained or the information is required by a Court of competent jurisdiction or is already in the public domain or it has been received from a third party whom we reasonably believe is permitted to supply such information to us.
14. DRONES, NIGHT LANTERNS AND FIREWORKS
The use of drones is not allowed without our express written permission. Fireworks are not allowed. Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
15. CONDUCT OF GUESTS
You should make the Proprietors aware if any of your guests have any special requirements such as access issues or reduced mobility. You are responsible for the orderly conduct of the function and shall ensure that nothing will be done which may constitute a breach of the law or in any way cause a nuisance or cause or render possible forfeiture or endorsement of any licence for the sale of alcohol or for music and dancing. Failure to do so shall entitle the Proprietors to require the offending individual(s) to leave the premises and shall constitute a breach of these Booking Terms. Should you or your contractors wish to operate a cash bar on the premises, you will require to organise an appropriate licence which is subject to Licensing Board approval and cannot be guaranteed by the Proprietors. You will be responsible for the orderly conduct of all guests and will ensure that their behaviour in no way jeopardises any liquor licence. As conduct could affect the ability of future users to obtain a licence, the Proprietors reserve the right to request guests to change their conduct or leave the premises.
You are responsible for ensuring noise outside is kept at a reasonable level as to not disturb any of the surrounding neighbours. This means activities or people that create large amounts of noise are not permitted to be outside which include but are not excluded to; Bagpipes, Drums, Dhol Players, Fireworks.
You will indemnify the Proprietors against any loss, damage, costs and expenses (including legal expenses) which we may suffer or incur and against any claims brought against us as a result of any act or omission of either you or your guests or as a result of any defect in equipment supplied by either you or your guests.
You will be responsible for any damage to the premises, grounds or its contents and/or furnishings caused by you or your guests.
Smoking is not permitted within the premises in accordance with relevant legislation; you will be responsible for the conduct of all guests to ensure that this legislation is strictly adhered to. Failure to do so shall entitle the Proprietors to require the offending individual(s) to leave the function and shall constitute a breach of these Terms and Conditions of trading and may result in the relevant authorities imposing a Fixed Penalty £50 Fine on each individual.
Where activities take place outside the building, including in any marquee we agree may be erected, these should be carried out with due regard to neighbours and music etc should not continue after 10pm Sunday to Thursday and after 11pm on Friday and Saturday.
16. CONDUCT OF CONTRACTORS
If you wish third parties (e.g. caterers, entertainers) to have access to the premises during your hire period you are entirely responsible for their conduct as if they were guests under Condition 15 above.
You are also responsible for ensuring that any such contractors have all necessary permissions, licences, qualifications and/or services to provide the relevant services.
We can recommend caterers and other suppliers to you. If you do not wish to use one of our recommended suppliers, please let us know before confirming their booking as we reserve the right to refuse access to third parties where we are concerned, they may prejudice the reputation and goodwill of Drylaw House. If you do engage these or any other third party suppliers, we accept no responsibility for their performance of services and you should take up any complaints with them directly. You are also responsible for paying their charges directly.
17. INDEMNITY
You shall indemnify the Proprietors against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs or expenses (to include legal expenses) including but not limited to, loss or goodwill, loss of profit of opportunity suffered by the Proprietors directly or indirectly as a result of any breach of these Booking Terms and /or the negligence or wilful default of you or any of your guests or contractors. You shall ensure that you have sufficient insurance provision in place to meet any and all claims levelled against you; the Proprietors reserve the right to request a copy of client’s insurance details in advance of an event to satisfy itself that sufficient cover is in place.
The Proprietors may cancel a booking if they do not consider that sufficient insurance provision is held by you in order to indemnify the Proprietor fully.
The Proprietors may rescind its Contract with the client if it is prevented, hindered or delayed from performing any of its obligations under the contract by a Force Majeure event. The Proprietors accept no responsibility for items left or stored during any event . The client should ensure that they have sufficient insurance provision in place to meet any and all claims levelled against it and shall indemnify the Proprietors and its [Directors, Officers and] Employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs or expenses.
18. PETS
Pets are not permitted on the grounds of or within Drylaw House.
19. CARE OF YOUR PROPERTY
Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk.
If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after six (6) months.
Drylaw House
August 2020