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Park Neuk

Self-catering Holiday Cottage

Legal Terms and Conditions Page
Terms And Conditions

For the letting of Park Neuk, Rosewell, Midlothian, EH48 9AX


The hiring contract is between the hirer and the owner of the property for which the booking is made, and is subject to the following conditions:

1. In these terms and conditions:

(a) The expression "the owner" shall mean the person who is letting the property, namely Kim McCulloch of Kinnen Dell, Westfield Bathgate West Lothian, EH48 4NJ.

(b) The expression "the hirer" shall mean the person making the booking and all members of the rental party who have been accepted by the owner.

2. Whilst the owner uses his best endeavours to ensure accuracy of all information supplied and details of properties are given in good faith, no warranty is given as to their accuracy and the owner does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether verbally or in writing.

3. A deposit of one third of the rental price per holiday is required when the booking is made. If the booking is made eight weeks or less before the commencement of the holiday, then the full rent should be paid at the time of booking. If the owner cannot accept a booking, the full amount paid will be returned within 14 days. If a booking is accepted, the hirer becomes liable for the balance of rent for the full period of the holiday, which must be paid 8 weeks prior to the holiday. When the balance of the rent is paid, final details of the property, with routing and key-holder information, will be forwarded. Payments may be made in pounds Sterling by debit card, credit card, by cheque or by cash which should be sent together with a completed reservation form to the owner.

4. If a hirer cancels a booking before taking up the holiday let, having given due notice to the owner in writing, the following terms will apply: Where the holiday is cancelled more than 56 days before the date when the holiday is due to commence, the owner will be entitled to retain the full deposit which has been paid. Where the cancellation is made less than 56 days before the holiday is due to commence, then the full cost of the holiday rent shall be payable and the hirer shall remain liable for same. It is the hirer's responsibility either to have adequate insurance cover or to bear the costs of cancellation in the event that the hirer requires to cancel the booking.

5. When the owner issues a written confirmation to the hirer, this signifies that the owner has entered into a contract with the hirer, which is subject to these conditions. Should a hirer cancel after the confirmation has been issued, then this is treated as a booking and clause 3 applies. Should a hirer wish to change the date of the holiday only, this may be possible at the discretion of the owner and provided, of course, that no other booking has been accepted for the new date. In this event there would be an administrative charge of £40.00.

6. The owner reserves the right to refuse accommodation. In no circumstances may the number of people occupying the property exceed five persons plus a baby, unless agreed in advance and in writing. If the composition of the party changes after the booking has been made, the owner must be advised and agree to the change. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed, or to refuse to hand over the property to any person who, in the owner's opinion, is not suitable to take charge. In such cases all liability of the owner shall cease and the owner shall no accept responsibility or liability for such refusal or termination.

7. The hirer agrees to keep the property and all the fitments, furniture, equipment and other contents in or on the property in the like state of repair and condition as at the commencement of the holiday let and make good any damage, breakage or loss that may occur during the period of the holiday let. The property and all fitments, furniture, utensils and equipment etc., must be left in a clean and tidy condition at the conclusion of the period of holiday let.

8. The rent of the property includes council tax, telephone rental, electricity and heating oil supplied to the property during the holiday let. The hirer will be responsible for all the telephone calls made during the holiday let. The property is supplied with pots, pans, glasses, crockery, cutlery, blankets, duvets, linen and towels.

9. Holiday lets normally run from Saturday 4 pm to Saturday 10 am unless specifically arranged and agreed otherwise.

10. No pets are permitted on any part of the property, including the garden. The hirer shall not permit smoking on any part of the property, including the garden.

11. The booking is made on the understanding that the property is available to the hirer on the dates stated. If for any reason beyond the owner'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, then all monies paid by the hirer shall be returned in full. The owner shall not be liable for any loss, expense, inconvenience or otherwise resulting from such unavailability and the hirer shall have no claim against the owner.

12. Confirmation of a booking by the owner will be deemed to be an acceptance of these conditions and confirmation of the details and conditions supplied at the time of booking. The hirer warrants that he/she is authorised to agree to the owner's conditions, is acting on behalf of all persons including those substituted or added at a later date and must be one of the property occupants on each night booked. The hirer is responsible for ensuring that all persons occupying the property comply with all the conditions in all respects.

13. The property is occupied strictly on the basis that the accommodation is for holiday use only and that no right to remain in the property after the end of the holiday period booked exists for the hirer or for any other person or persons who occupy the property. All persons will vacate the property at the conclusion of the period of the holiday.

14. While the particulars of the property are believed to be accurate, the owner of the property can give no guarantee or warranty as to the state or condition of the property. If the hirer is not satisfied with the accommodation offered, the hirer shall give the owner an opportunity to rectify the problem, and the owner may, at his sole discretion offer a partial or full refund of the price of the holiday, in the event that the property is unable to be rectified, all parties acting reasonably. For the avoidance of doubt, the owner's liability shall be limited to the amount of the holiday rental. In the event that the property is rendered uninhabitable during the period of the holiday let for any reason beyond the owner's control, and provided the property has not been rendered uninhabitable due to any act or omission on the part of the hirer, then the owner's liability shall be restricted to a refund of the price of the unexpired portion of the holiday let.

15. The clauses of these Terms and Conditions shall operate on the basis that the terms and conditions and provisions thereof and likewise parts of such clauses and of such 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 effect the validity of the remaining portion of these terms and conditions, which shall remain in force as if the unenforceable provision had been eliminated.

16. This agreement shall be interpreted in accordance with the Law of Scotland and any dispute, difference or question of any kind that may arise between the parties shall be determined in accordance with the Law of Scotland.




Click on the relevant item below to get more detail or to contact us.
Home Page
Contact details
Social Networking, Facebook and Twitter
Location details
The Garden
Activities nearby
Local Attractions
Christmas and the New Year
Accommodation
Children Welcome
Disabled Access
Environmental Issues
Visitors' Comments
Advice to Visitors
Price & Availability
Late Availability Offers
Short Breaks & Discounts
Legal Stuff
Payment options
Reservation Form
Traduction française
Nederlands/Vlaams vertaling












This page last updated on 2013-11-20 JGM