Booking conditions

Reservations are accepted by Scotts Castle Holidays (SCH) on behalf of owners only on the conditions shown on the Booking Form together with the following booking contract ("the Booking Conditions");

1. Letting Contract

1. SCH acts entirely as Booking Agents for the owners of all the properties offered and contracts accepted by SCH shall be between the Person signing the Booking Form (The Client) and the owner of the property for whom the booking is made (The Owner). Scotts Castle Holidays are not a party to the contract.

2. Liability of Responsible Applicant

The Client certifies that he or she is over 18 years of age and is authorised to sign the Booking Form on behalf of all persons who will occupy the property during the period for which it has been booked and that they are all, apart from infants, aware of these Booking Conditions. The website description of each property clearly indicates the maximum number of guests who may occupy it and the surrounding grounds. Exceeding this number constitutes a breach of contract and the Owner of the property has the right to terminate the booking forthwith and all monies paid by the Client will be forfeit.

3. Confirmation of Booking

No booking will be accepted by SCH unless an appropriately signed booking form and down payment for the holiday has been received by SCH. Having signed the Booking Form the Client accepts liability for the full payment of the holiday rental. In the event the holiday is cancelled by the Client, the Client remains liable for full payment of the holiday rental.

4. Accuracy

Whilst representations both verbal and visual contained in any marketing literature including the website are made in good faith and carefully scrutinised and agreed with the Owners, neither they nor any oral representations made by any employee of SCH form part of the Contract. SCH uses its best endeavours to ensure the accuracy of all information however, from time to time there may be minor differences between the actual property and its description, as both the SCH and Owner constantly strive to improve services and facilities, or because a problem (or modification) renders a service or facility unavailable. Any change to the facilities or fixtures available are considered to be minor changes and no compensation is available. In the event that such a change is likely to affect the Client’s enjoyment, and the Owner has notified SCH of the change, SCH will advise the Client as soon as is deemed reasonably possible.

5. Cancellation by the Applicant

Any cancellation made by the Client for whatever reason shall be in writing and addressed to SCH at its designated address. Deposits and balances are non-refundable in the event of a cancellation not covered by appropriate insurance. The Client remains liable for the final payment on the due date (56 days prior to the date of the booking) and failure to make such payment in full at the time will be treated as a Breach of Contract. On receiving the cancellation SCH will update the availability calendar accordingly. If a re-let is achieved the Client will be refunded with all monies paid less fifty pounds (£50+VAT) per booking week. Any losses incurred in re-letting the property including loss of rental will be borne by the Client.

6. Balance Payments

Final Payments set out in the Booking Form are due eight weeks (56 days) before a holiday commences. If the final amount is not paid on the due date SCH have the right to cancel the booking forthwith. All payments made by the Client will be forfeited, and the Client will remain liable for payment of all outstanding payments for the holiday. In the event of a re-let repayment shall be paid to the Client after deduction of any difference in the rental received on re-letting together with any reasonable administrative or professional costs incurred in connection with such re-letting.

7. VAT

Value Added Tax is included in the rental figures advertised. It has been levied at the rate appropriate at the time of booking.

8. Pets

Pets are allowed only where it is specified in a property description or otherwise by confirmed agreement in advance with the Owner and the SCH. The Client accepts liability for any damage the pets may make and on the condition that they will not be left unattended in the property. Pets are not permitted in the bedrooms or on the furniture and SCH nor the Owners can accept responsibility for their safety. Any Client who takes a pet into the property without permission or without notifying SCH in writing or on the Booking Form is in Breach of Contract and the owner of the property has the right to terminate his booking forthwith and to retain all monies paid by the Client. Refer to Pet Policy.

9. Duration & times of rental

Properties are most commonly available from 4.00pm on the "holiday start" day until 10.00am on the "holiday finish" day, unless otherwise specified. These times must be strictly adhered to unless by special arrangement with the owner or key holder. 

10. Complaints

In spite of the care and precautions taken it is possible that Clients could have grounds for complaint about the property they have chosen. Any complaint must be taken up immediately in full with the key holder or the Owner. The function of SCH is to provide a marketing and administrative service to owners of holiday properties. It is not a party to the Contract between the Owner and the Client and performs its functions entirely as a Booking Agent. However, if the Client, having contacted the owner or their representative, is still not satisfied, they should contact SCH to ask it to take such reasonable steps as it is able to in an endeavour to put the matter right. In the event that disputes cannot be resolved SCH reserves the right to refer the matter to the relevant local Tourist Board whose decision shall be final and binding.

11. Number of Occupants

The maximum number of persons stated as being allowed in a property may not be exceeded without the prior consent of SCH. Neither can the Client significantly change the composition of the holiday rental party during occupation of the property.

12. Alterations to Booking Form & Conditions

No Owner or member of the staff or servant of SCH has the right to modify SCH's Booking Form or "Booking Conditions" or to make any representation or undertake any liability on behalf of SCH except an authorised representative of SCH and then only in writing.

13. Previous Literature

Website material, Booking Conditions and literature replace and supersede all previous website material, Booking Conditions and literature.

14. Users Risk

The use of the amenities provided by the Owners such as swimming pools, swings, rowing boats, etc., is entirely at users risk and no responsibility can be accepted for any injuries to persons or loss or damage to any belongings of persons who use them.

15. Liability

a) If the property should not be available owing to damage by fire, storm or for any reason outside the control of the Owner or SCH (including Acts of God) or for any reason the Owner is not able to comply with this agreement, the Owner shall refund to the Client through SCH the full amount of the monies paid to SCH and the Owners and SCH's liability is limited to the refunding of such monies.
b) If the Client or members of the group are unable to access the property for factors outside the Owner or SCH’s control or reasonable responsibility, the Owner nor SCH accept any liability for compensation or refunds for part or full loss of holiday.
c) SCH does not accept liability for cancellation of any letting, delay or the failure to provide facilities or for the failure to provide accommodation howsoever the same may arise.
d) SCH does not accept liability in the event of any alteration or change of any kind made by the Owner following the confirmation of any reservation made by SCH on behalf of the Owner. Except in respect of death or personal injury caused by the negligence of SCH or the Owner and their respective servants and save to the extent provided in clause 14 neither SCH nor the owner, will be liable for any accident, damage, direct or consequential loss, injury, expense or inconvenience whether to person or property which the Client or any other person may suffer arising out of, or in any way connected with the letting howsoever caused.

16. Cancellation by the Owner

a) The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to the Client, or to repossess the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by the Client or any members of the group. These circumstances will be treated as a cancellation by the Client. No refund of any monies paid in respect of the booking will be made and neither the Owner nor SCH accept any liability to the Client as a result of this situation arising (including for example any costs or expenses incurred by the Client or members of the group due to not being able to occupy the property). In this situation neither the Owner nor SCH is under any obligation to find alternative accommodation for the group.
b) If an Owner is prevented, because of circumstances beyond his reasonable control, eg (fire damage, drought, interruption of utility supplies, Act of God) from putting his property at the disposal of the Client, the hire charge shall be refunded in full and the Client shall have no further claim against the Owner or Agency.
c) If the Owner cancels the booking for reasons outside the Agency’s or Client’s control the Owner is liable for repayment of all monetary transactions paid by the Client to the Agency and/or to the Owner direct.
d) If the Agency cancels the booking for reasons outside the Owner or Clients control (except for occasions laid out in clause 15) the Agency will refund the Client all monies paid to the Agency by the Client plus a fifty pound (£50) compensation fee.

17. Good Housekeeping Deposit (GHD)

The Client or GHD cardholder (if different) accepts responsibility on behalf of the group for keeping the property, furniture, fittings, equipment and other contents in/or on the property in the same state of repair, condition and cleanliness as at the commencement of the let (reasonable wear and tear excepted). On provision of credit/debit card details to SCH by the cardholder, the cardholder authorises SCH to deduct the nominated security deposit seven (7) days prior to the holiday start date according to the Booking Conditions, during or following departure of the group up to seven (7) days from the holiday end date. The Client is responsible for reimbursing the Owner for the actual costs of any breakage or damage in or to the property (beyond the reserve), along with any additional costs that may result. Refer to GHD Policy for detailed terms and conditions.

18. Data Protection

Personal Information you supply to SCH is only made available to our Booking Office staff, and the Owner or Housekeeper of your chosen property, those involved with facilitation of your holiday. Your information will never be supplied to anyone else without your consent, unless we are obliged by law.

19. Tenancy Agreement

The contract effected on receipt of confirmation of booking is in terms of the Housing (Scotland) Act 1988 and confers on the Client the right to occupy the property for the period agreed for holiday purposes only. The Clients Statutory rights are not affected by anything contained within these Terms & Conditions.

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