Terms and conditions

Terms & Conditions

Terms and Conditions of Let

Please remember that a reservation is a legal contract. You must confirm that you have read and accept these terms and conditions before a booking will be accepted. 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. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email.

 

  1. Definition of terms

In these terms and conditions of let “you” and “your” means any and all persons making a booking and using the Lowland Lettings website and “we”, “us” and “ours” means Lowland Lettings Friars Acre, The Friars, Jedburgh , Scottish Borders TD8 6BN.“Property” means the property in respect of which a booking is made.

Where properties are not owned by us, we are acting as agents on behalf of the property owner(s). In such cases, these terms and conditions constitute a contract between you, Lowland Lettings acting as agent and the property owner(s).

  1. Tenancy agreement

The properties let by us are to be used for the purposes of a holiday let only to which Section 12 (2) and Paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. The booking agreement confers a right to occupy the accommodation for the agreed period only. Lettings commence at 4pm on the first day of the tenancy and end at 10am on the date of departure as specified in the booking. The maximum tenancy is 31 consecutive days by any one person.Unless otherwise agreed in writing the tenancy period cannot be extended and you will be liable for any costs whatsoever resulting from an unauthorised tenancy extension.

  1. Authority

The person who completes the booking form certifies that:

  1. You are at least 18 years of age at the time of booking and a member of the party intending to occupy the property.
  2. You have the authority to agree to all the booking conditions on behalf of all persons who will occupy the property during the period of let.
  3. You agree to take responsibility and will be liable for the entire party who occupy the property.
  4. Bookings

When a booking is made more than 6 weeks prior to arrival a non refundable deposit of 25% of the total rental must be paid in order to confirm the booking. All bookings remain provisional until payment is received. If the booking is made 6 weeks or less prior to arrival the full rental amount must be paid at the time of booking. We reserve the right to refuse any booking, in which case all monies paid will be refunded. Once your booking has been confirmed the balance of any rental due must be paid within 6 weeks of arrival. We will send you one reminder by email, to the email address you provided at booking. No further reminders will be sent and if the balance due remains unpaid 5 weeks prior to your arrival then we reserve the right to cancel the booking, resulting in the loss of your 25% deposit. Payments will be accepted by cheque made payable to Lowland Lettings, by credit and debit card or by PayPal using our online booking facility. For credit and debit card payments online, our web site is protected by Secured Socket Layer technology.

You will be liable for any charges imposed on us relating to dishonoured payments and these will be passed to you for payment within 7 days of us notifying you.Please check your booking confirmation carefully and advise us immediately if any details are incorrect.

  1. Your responsibilities under the booking agreement

We lovingly care for our properties and we ask you to respect the property and any neighbours. You must:

  1. Take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. A refundable damage deposit may be required which will be detailed at the time of booking.
  2. Pay for any losses or damage to the property caused by you or any members of your party including any guest you have invited into the property. All losses and damage must be reported to us immediately.
  3. Not exceed the maximum allowable party members as described in the property details. You must not transfer possession of the property or share it with anyone out with the original party members. You must notify us prior to arrival of any changes to the party numbers or members.
  4. Not cause any nuisance by noise or other means to any neighbours or occupants of adjoining properties.
  5. allow us reasonable access to the property when requested.
  6. ensure the property is secure by locking doors and closing windows each time you leave the property.
  7. not allow any pets to enter the property or gardens. We reserve the right to charge you if we find that there have been pets within the property or gardens.

Where a travel cot is supplied you must not exceed the recommended age or weight for the product, and it may only be occupied by a child of 24 months or less. Only one travel cot will be provided.

  1. Cancellations and alterations of bookings

If you need to cancel your booking you must inform us immediately in writing. You are responsible for the arrangement of appropriate holiday cancellation insurance and for the avoidance of doubt Lowland Lettings do not provide any holiday cancellation insurance as part of the contract.

If you cancel your booking more than 6 weeks prior to your arrival date your deposit will not be refunded. We will endeavour to re-let the cancelled period and if successful no further monies will be due by you. However if we are unable to re-let the cancelled period you will remain liable for the whole rental amount. If you cancel your booking less than 6 weeks prior to arrival no refunds will be made and you will remain liable for the full rental amount if your final balance payment has not been made.

You may request to alter your booking and if the property is available for the new dates we may agree to this. Please note that any increase in weekly price due to the alteration must be paid by you prior to the alteration being confirmed. A rebooking fee of £25 must also be paid.

  1. Prices

Our quoted prices are per property for accommodation only. All prices include (where applicable) cleaning on departure, bed linen, one set of towels per guest, electricity, gas, water, fuel & central heating. Please note that beach towels and cot linen are not included.
Bed linen and towels will be changed at the end of each tenancy and weekly if you are staying for more than one week. We ask that you ensure that all lights, heaters etc are switched off when not required especially when you leave the property and room thermostats are used, where applicable, in order to protect the environment and avoid unnecessary cost. We reserve the right to charge you for negligent or excessive fuel and power use.

  1. Complaints
    We hope that you never have cause to complain, if you do however they must be referred to us during the tenancy to allow us to resolve the issue. Under no circumstances will we accept complaints raised only after the tenancy has ended when we are denied the opportunity to investigate and resolve the matter.No repairs of any kind to the property or contents must be attempted by you or your party.
  2. If the property becomes unavailable
    If for any reason beyond our control the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting, you will receive a full refund of all rents and charges already paid. We will make every effort to find a suitable alternative property but you will have no further claim against us. We do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of force majeure.

Force Majeure means any event which we could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, power cuts, closure of airports or ports, technical problems with transport, governmental action and all other similar events.

  1. Liability

We do not accept liability for any loss, damage or injury howsoever caused to you (or anyone in your party) or to your vehicles or personal property save where personal injury or death is caused by our negligence or by the negligence of the property owner. Any valuables left at the Property are left at your own risk. You must take all necessary steps to safeguard yourselves and your personal property. We suggest that you take a few moments on arrival at the property to familiarise yourself with its layout and safety equipment provided and instructions on what to do in the event of a fire etc. It is your responsibility to check that the property meets your needs especially if children are staying at the property. Children should be monitored at all times and you should verify the suitability of children’s equipment provided as we cannot accept liability. We are not responsible for noise or disturbance originating beyond the boundaries of the Property It is essential and your responsibility to ensure that all doors and windows are closed and locked when leaving the property or when in the grounds. We strongly advise that you take out adequate travel insurance (including liability for accidental damage to the Property, cancellation cover and medical and emergency expenses) prior to the commencement of your holiday. We do not accept any liability for compensation where performance or prompt performance of our contractual obligations is prevented or affected by reasons outside of our reasonable control, including adverse weather conditions, acts of God, explosion, tempest, fire or accident, war or threat of war, civil disturbances, restrictions and regulations of any kind on the part of the government or local authorities, strikes, lock-outs, or other industrial action or dispute. We do not accept responsibility for the failure of public services such as water, gas, electricity, plumbing or sewerage systems or unforeseen breakdown of domestic and mechanical equipment such as heating or plumbing systems, boilers – we will endeavour to arrange prompt repair.

  1. Breach of Contract
    If you breach any of the terms and conditions we reserve the right to ask you to vacate the property and the contract will terminate immediately without refund or compensation. You will however remain liable for any costs or damages resulting from your breach of contract. This will not prejudice to our other rights and remedies.We also reserve the right to refuse to hand over the accommodation to anyone who, in our opinion, is not suitable to take charge of the property – in any such case all moneys shall be refunded and the Contract terminated without further liability. We also reserve the right to terminate the Contract at any time or remove any person or persons due to unreasonable behaviour, damage to property or causing or likely to cause annoyance or offence to other guests.
  2. Validity Clause
    If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
  3. Force Majeure
    We do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of force majeure.

Force Majeure means any event which we could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, power cuts, closure of airports or ports, technical problems with transport, governmental action and all other similar events.

  1. Web site Descriptions
    While every effort is made to make web site descriptions as accurate as possible, errors or omissions may occur. We reserve the right to amend prices quoted on the Web site due to errors or omissions but such changes shall be notified to you as soon as possible and you shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
  2. Data Protection and Privacy PolicyWe take the security and confidentiality of your personal information very seriously. We will not sell your information to any third parties and only collect personal details from you which are necessary to provide your holiday. We do not store any of your payment details. Only when requested to do so by law will we disclose your personal information. Some personal information may need to be passed to persons who provide an element of your holiday i.e. caretakers, maintenance personnel etc. Under the Data Protection Act 1998, Lowland Lettings are the sole data controller of your personal information. Except where expressly permitted by the Data Protection Act 1988 Lowland Lettings will only use your personal details as set out above. We employ Secure Sockets Layer (SSL) Technology to protect your information.

Cookies

Our website uses Cookies, and by using our website you are agreeing to this policy which allows this website to store cookies on your browser.

What are Cookies?

Well don’t rush to put the kettle on, these cookies are not for afternoon tea! Cookies are a small file stored on your computer which can and may send information back to a third party. To give you an example of this the Lowland Lettings site uses Google Analytics cookies which provides us information on which pages you visit on our site. This information is invaluable to us in order to provide the highest standards of service we can to you. It enables us to improve our website and provide more relevant information to you. It also lets us know when you return to our site.

  1. Governing Law and Jurisdiction

This contract is deemed to have been drawn up at Friars Acre, The Friars, Jedburgh, TD8 6BN.These terms and conditions and the contract to which they apply are governed in all respects by Scot’s law and the Scottish courts only shall have jurisdiction in relation to them.