DUNALASTAIR ESTATE HOLIDAY COTTAGES
TERMS AND CONDITIONS
This Contract for a short-term holiday rental will be between the owners of Dunalastair Estate Holiday Cottages (referred to as “us” or “we”, “our”) and the person making the booking and all members of the holiday party (referred to as “you”, “your”).
Scottish law will govern the Contract and the Contract is subject to the exclusive jurisdiction of the Scottish courts.
The Contract incorporates the following Terms and Conditions, which shall apply to your booking of accommodation through the Dunalastair Estate (the “Estate”) and must be complied with. By booking the accommodation you accept that these Terms and Conditions shall apply. The person whose name is on the booking form (referred to as the “Responsible Person”) agrees to take full responsibility for ensuring that all members of the holiday party are aware of the following Terms and Conditions and that the Terms and Conditions are adhered to by all members of the holiday party. The Responsible Person must personally stay at the accommodation throughout the holiday and be at least 18 years of age at the time of booking. The names, addresses and ages of all members of the party must be shared with us on request.
When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. Whether you book via our online reservation system, by email, telephone, post or in person, a contract shall only arise when you have made a payment according to the payment terms below, the payment has been received by us and the acceptance of your booking has been subsequently confirmed by us to you by post or email. At this point, a legally binding contract will be in place between you and us on these terms.
Your holiday commencement date (referred to as “Arrival Date”) will be stated on the confirmation documents.
Upon confirmation of your booking, you are responsible for the full payment of your booking according to the following terms.
Where a holiday booking is being made more than 42 days before the Arrival Date (“Balance Due Date”), but less than 300 days before the Arrival Date, a deposit of 50% of the full payment will be required to confirm the booking. The balance of the full payment must be paid by the Balance Due Date (42 days before Arrival Date). We reserve the right to cancel a booking where the full payment has not been received by the Balance Due Date, and to retain any deposit payment that has been made as part of that booking.
Where a booking is made more than 300 days prior to the Arrival Date, an initial deposit of 25% of the full payment will be required to confirm the booking. An interim payment, being the balance of the deposit, will be required 182 days prior to Arrival Date and the balance of 50% of the full payment must be paid by the Balance Due Date (42 days before Arrival Date).
Where a holiday booking is being made on or after the Balance Due Date, the full payment will be required to confirm the booking.
No entry to properties will be allowed unless the full payment has been received and cleared.
Where you use our online reservation system, in the event that we have to decline your online reservation request for any reason (such as we are not able to provide the accommodation to you or for the dates you have requested, or there has been a mistake on the pricing or description of the accommodation) we will notify you and we will return the deposit paid by you via the online reservation system within 10 working days from the date that your order was declined.
Prices are inclusive of VAT and are not subject to change if the rate of VAT changes. VAT No: 270 4579 50.
If you wish to cancel, please notify us as early as reasonably possible. Cancellations must be notified to and received by us in writing (preferably by email) in order to be effective and, once received, we will confirm and process your cancellation request.
If you cancel your booking on or earlier than 60 days prior to your Arrival Date, a full refund will be given.
If you cancel your booking after 60 days prior to your Arrival Date, we will – at our reasonable discretion – re-market the dates of your booking and try to re-let them.
If we are able to re-let any of the dates of your booking, we will refund you according to the value of the replacement booking(s). This value may be less than you have paid if, for example, a replacement booking was discounted or was for a shorter period. In the event of a refund being available, it will be paid to you within 7 days of the date on which the full payment is received from the replacement booking. We reserve the right to charge £50 to reflect the administration cost of re-marketing and this would be deducted from your refund.
If we are unable to re-let the property or properties, no refund will be provided.
You are strongly advised to take out travel insurance with a reputable provider before booking to cover your booking. Any insurance should ideally cover you for the total cost of your booking. It is your responsibility to check that your insurance cover is sufficient for your own purposes and any likely risks that may affect you or your holiday.
There will be a fee of £30.00 for any transferred booking, and bookings may not be transferred within two months of the visitor's holiday. A transferred booking is from one property to another or from one date to another. The transfer must also be of equal or greater value. If it is not, no refund of the difference will be made. If the transfer is of greater value, the difference will be charged to you and must be paid before arrival.
CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER (FORCE MAJEURE)
If for any reason we have to cancel your booking in advance due to circumstances beyond our control for example fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage to the property (“force majeure“) you will be refunded the full amount of the booking. If we have to terminate your holiday early for the above reasons you will be refunded part of the booking fee based on the time remaining of the booking. This will be the full extent of our liability. No additional compensation, expenses or costs will be payable.
As far as the law allows, Dunalastair Estate Holiday Cottages, its employees and representatives shall not be liable to you or your party for loss, damage or injury to you or any of your party or your/their property or vehicles as a consequence of this agreement or the occupancy following thereon.
You indemnify Dunalastair Estate Holiday Cottages against loss, damage or injury sustained to the property or the Estate or any persons as a result of any breach of these conditions by you, or arising from the fault of you or any member of your party.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses which:
- were not foreseeable to you and us when the Contract was formed;
- were caused by a third party unconnected with the Contract or the provision of the accommodation;
- are business losses; and
- are losses to non-consumers.
Without prejudice to the foregoing clauses, our total aggregate liability for claims made under or in connection with this Contract, whether arising in delict (including negligence), contract or in any other manner, shall not exceed the booking sum paid by you under the terms of this Contract.
All claims as being a matter for which you assert that we are or may be liable, must be notified to us in writing by you. Except as expressly stated in this Contract or where it would be unlawful to do so, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
RIGHT OF ENTRY
We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection, in cases of emergency or to carry out any necessary repairs or maintenance.
ACCURACY OF DETAILS
The website is as accurate as possible but cannot be warranted, nor do the descriptions form any contract. Whilst every effort is made to ensure accuracy of property descriptions and images, the facilities and services may alter. We reserve the right to alter or improve any of the subjects without notice.
Further to the Covid 19 crisis you may access the property from 17.00 on the day of arrival (earlier arrivals are strictly by arrangement only). Please note that departure is by 10.00 on your final day (again, later departures are strictly by arrangement only). We need this time to ensure that the cottage is ready for your arrival after the previous guests’ departure. If you fail to adhere to the arrival and departure times, we reserve the right to charge you an additional rental fee. On departure, you are requested to leave the accommodation in a clean and tidy condition. This includes washing up, dishwasher can be left running, placing rubbish in bin-liners, and putting in outside wheelie bins, ensuring ovens are clean and free from grease. We reserve the right to make a charge of £35 for extra cleaning if the accommodation is not left in a satisfactory condition.
The property is let for the purposes of a holiday let to which section 12 (2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. The booking agreement confers the right to occupy the accommodation for the agreed period only. You undertake to use the property solely for its purpose as self-catering accommodation and to accept our right to refuse access to the accommodation to any person, whether the Responsible Person or guest of the Responsible Person, deemed unsuitable. Causing a nuisance or disturbance to neighbours or any unreasonable behaviour may result in us requiring the Responsible Person or their guests to leave Dunalastair Estate.
NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on the www.dunalastair.com website occupy the property, unless by prior arrangement with the us, in which case there will be an additional charge at our discretion. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities at Dunalastair Estate.
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 the same clean and tidy condition at the end of the rental period as at the beginning. You undertake the leave the property secure if left unoccupied during the period of let. You must not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to us or other neighbouring properties. Smoking and use of e-cigarettes is not permitted in our properties.
DAMAGES & BREAKAGES
You are legally bound to reimburse us for replacement, repair or extra cleaning costs, on demand, of any fixtures and fittings, installations, décor, equipment and items removed from the property, soiled, damaged or broken (although we would not charge you for the odd broken glass or plate). If you lose a key we will replace it upon you paying for the cutting of a new one.
Internet access is provided for guests’ use in all cottages except Bridge Cottage. You agree to reasonable and lawful usage of this service. In this remote area, internet is not always reliable or fast.
We welcome dogs, (other pets by arrangement) but only when have they been booked in and paid for. (£16 per dog/pet, per week or part week/per cottage entered). From 1st January 2022 the cost per pet will be £18 per week. Maximum of 2 dogs per property. Dogs must be house-trained, kept under proper control and not allowed on the furniture, and especially the beds, nor left unattended in the property. Dog hairs are to be removed from carpets and all dog waste collected and disposed of. Dog owners will be held responsible for any damage caused to the property, contents or garden by their dog and for any extra cleaning required (usually at least £35). When out walking within the property grounds/Estate, you must ensure that dogs are kept on a lead except where indicated. They must not be allowed to disturb livestock, deer or game birds. We reserve the right to seek details of any dogs in advance and to refuse permission for them to be brought to the accommodation for any reason, including if they are considered unsuitable in character, size or behaviour, or liable to be a nuisance or danger to other guests.
YOUR USE OF THE ESTATE
When walking about the Estate or carrying out activities we would ask you to respect the environment, wildlife, crops and stock, take care when enjoying the Estate and always adhere to the Scottish Outdoor Access Code.
FISHING and BOATS
Free fishing permits are provided for the north bank of the River Tummel between Kinloch Rannoch and 1⁄4 mile upstream of the bridge at Tummel Bridge for bank fishing, also for fishing - for trout only - from boats on Dunalastair Loch. No bank fishing is permitted by law on Dunalastair Loch, but Estate boats are available free for cottage guests’ use on this Loch. Life preservers must be worn. These are provided. Children must be accompanied by a responsible adult and supervised at all times. Trout fishing season is from March 15th to October 6th. Outside that period, fishing for pike is allowed on the River. Pike fishing on Dunalastair Loch is not included in the permit as it is let to a syndicate.
FIREWORKS, DRONES, SKY LANTERNS
Fireworks are not permitted at our cottages without written permission due to danger of fire. Drones are not permitted without written permission from us. Sky Lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to livestock.
Every effort is 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 we want you to return. We are on site and will do our best to resolve any problem.
Your Contract to stay at our property shall not create a relationship of landlord and tenant between the parties and our agreement shall not constitute any form of tenancy, lease, or provide any security of tenure under the Housing (Scotland) Act 1988, Private Housing (Tenancies) (Scotland) Act 2016, or any other statutory or common law provision.
In the event that any individual term or clause stated in these Terms and Conditions is not permissible by law, the remainder of the Contract shall remain valid and enforceable.
No one other than a party to this Contract has any right to enforce any term of this Contract.
We reserve the right to amend our Terms and Conditions.