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Terms and Conditions

Boreland Loch Tay (Owner) Terms and Conditions

Interpretation

· Reference to any statute or any statutory provision includes a reference to a) that statute or statutory provision, which may from time to time be amended, extended or re-enacted or consolidated and b) all statutory instruments or orders made pursuant to it.

· Words denoting the singular number only shall include the plural and vice versa.

· Unless the context otherwise requires, references to any clause, sub clause or schedule is to a clause, sub-clause or schedule of or to these Terms and Conditions.

· The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.

· The Booker is the person who is authorised to agree to and accepts these Terms and Conditions on behalf of all persons staying at or visiting the Property (Guests) during the period of the booking. Acceptance will be deemed to have occurred within 24 hours of having made a provisional booking or payment, unless an objection to any of the terms has been sent and acknowledged by the Owner.

The Rental

· The Booker and the Owner acknowledge that these Terms & Conditions form the entire agreement between the Owner and the Booker and where any of the booking Terms and Conditions are deemed unenforceable then all other parts of these Terms and Conditions shall remain in full force and operation and shall be enforceable between the parties.

· The use of the accommodation and facilities are entirely at the risk of the Guests and no responsibility will be accepted by the Owner for injury, loss or damages to the Guests, their belongings or their motor vehicles. Guests must make a full risk assessment of their use of any equipment on the Property, including but not limited to infant and child equipment.

· The rental of the Property does not include or guarantee the availability of additional sporting or entertainment activities, which may be available to be booked separately with the Owner.

· The rental confers upon the Booker the right to occupy for a holiday, as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9 and any equivalent or similar provision under the laws of Scotland, and the Booker acknowledges that the rental granted by these Terms and Conditions is not an assured tenancy and that no statutory periodic tenancy or protected tenancy or equivalent or similar tenancies under the laws of Scotland will arise.

· Unless on a pre-agreed catered package, the rental is on a self-catering basis and the Booker is expected to leave the rental in the same state in which they found it.

· Recycling bins with additional bin bags are provided and all the necessary cleaning equipment is provided also.

· All Guests must take outdoor shoes off at the front door.

· Bedding is provided but towels are not.

Acceptance of these terms

· The Booker acknowledges that he/she is authorised to accept these Terms and Conditions on behalf of all Guests and that all Guests are aware of the booking Terms and Conditions and have agreed to be bound by these terms and have acknowledged the following:

o The maximum number of people who will be staying at the Property during the booking period.

o The booking Terms and Conditions shall be subject to Scott law and time shall be of the essence.

o The Booker has agreed that they will act as principal and has absolute liability for all the Guests at all times.

o The Booker certifies they are over 18 years of age.

Payment Policy

· The Booker must pay a booking deposit of 20% within 5 working days of the initial enquiry. The booking will be confirmed once the Owner has received the deposit.

· The outstanding balance must be paid no less than 4 weeks prior to the Guests’ arrival date.

· A £500 Security Deposit must be paid no later than two days prior to arrival. The Owner will endeavour to send to the Booker full details of access and directions to the Property 1 week prior to arrival, together with a reminder to pay the Security Deposit.

· In the case of bookings made within 4 weeks of the commencement of the rental, the full balance and the Security Deposit must be paid at the point of booking.

· Payments can be made by cheque, credit/debit card, PayPal or bank transfer. All payments are to be made payable to Boreland Farm Ltd and full details will be provided on the invoice.

· Payments by credit card are subject to a surcharge of 2% for Visa and 3% for American Express. There is no surcharge for debit cards.

· Under normal circumstances, provided that the Booker emails the Owner its bank account number and sort code and a report to confirm whether the Property incurred any breakages or damages during the rental within 2 days of departure, and provided that the Owner does not report or discover damage to the Property and/or its fixtures and fittings, the Security Deposit will be refunded within 7 working days of the contracted date of departure.

· In the event of loss or damage being discovered, the Owner reserves the right to deduct an amount equal to the cost of repairing, replacing or making good the loss/damage (including any labour costs) from the Security Deposit and will refund the remaining balance. In the event that the costs incurred exceed the value of the Security Deposit, the Booker agrees to reimburse the Owner with the balance outstanding on demand. The Owner reserves the right to deduct from the Security Deposit any other monies owed by the Booker in respect of the Rental or the Property.

Cancellation

· When a cancellation takes place more than 8 weeks prior to arrival, a full refund will be issued. If a cancellation is made within 8 weeks of arrival, then no refund will be due.

· We recommend and expect that Guests will have or will take a holiday insurance policy (which includes cancellation insurance covering sickness and unavoidable reason for cancellation) prior to the booking period.

Price Alterations

· We reserve the right to adjust prices quoted on our website, other adverts or on details about the Property at any time. This will not affect any prices we have previously confirmed with the Booker.

Size, Party and Animals

· The number of persons stipulated for the Property, as advertised on the Owner’s website or literature, must not be exceeded under any circumstance. Only the number of adults, children and infants agreed between the Booker and the Owner at the time of booking may occupy the premises at any time, day or night, unless the Booker has received written permission from the Owner prior to the rental.

· Pets and animals are not allowed on the grounds of or inside the Property, unless the Booker has received written permission from the Owner prior to the rental. If any animals or pets are let into or onto the Property there will be a deduction in the Security Deposit.

· The Owner reserves the right to terminate the rental of the Property without notice or refund in the case of a breach of these occupancy conditions or the policy relating to animals detailed below.

Noise and Anti-Social Behaviour

· Noise included but not limited to live music, amplified music through a speaker system, singing and shouting is nor permitted between the hours of 11pm and 9am.

· Use of group BBQ and bonfire areas is not permitted between the hours of 12am and 9am.

· Groups found to be causing a disturbance of any nature in the Fearnan village area will forfeit their Security Deposit, at the discretion of the Owner.

· Any form of antisocial or threatening behaviour towards staff, other guests or members of the public is completely unacceptable and will result in the loss of the Security Deposit, at the discretion of the Owner’s management.

Loch Tay water access

· Guests may only use Boreland Farm’s own private shoreline, with the express permission of the Owner. There is a sign posted path to this private shoreline, which will be pointed out to guests as required. If in doubt over the location of the private shoreline, it is the responsibility of the Guests to ask the Owner’s staff to show the location.

· There is no Loch access available to Guests between Boreland Farm’s own private shoreline and the public shore in the village of Kenmore. All other points of access to Loch Tay in between are privately owned and under no circumstances are Guests permitted to use any of these Loch access points. Failure to adhere to this will result in the loss of the Security Deposit.

Suitability of the Property

· The Property summary details aim to give accurate descriptions of the Property. Should there be any specific health or mobility difficulties, which may affect one of the Guests, the Owner requires that this is pointed out when enquiring, so the suitability of the Property can be established.

· The Owner accepts no responsibility or liability in connection with the suitability or non-suitability of the Property for the Guests. The Booker accepts that the Property is situated in a rural area and may be affected by local country pursuits, including but not limited to animal noise, grass cutting and ancillary agricultural. The existence of natural flora and fauna at the Property means that insects and other wildlife are not uncommon and the Guests acknowledge the rural nature of the Property.

Arrival and Departure times

· Guests may arrive anytime after 4pm on the first day of the rental and must vacate the Property by 10am on the day of departure, unless otherwise agreed in writing by the Owner.

Lost property

· The Owner cannot accept any responsibility for any items Guests leave behind in the Property. The Owner will endeavour to locate the lost item(s), if contacted by the Booker within 5 working days of departure.

· If lost property known to belong to the Guests is found, the Owner will inform the Booker and agree the means to return it, at the expense of the Booker. Any items for which the Booker does not make return arrangements will be disposed of after 7 working days of notification.

Renter Obligations

The Booker agrees to:

· Take reasonable care of the Property and ensure that the Property and all equipment is left clean and tidy and any furniture or bedding which has been moved is returned to its original place.

· Reimburse the Owner for any extra cleaning, tidying or moving costs required. Where applicable, the Owner reserves the right to deduct any such extra costs from any Security Deposit paid or recharge the costs to the Booker.

· Pay for any losses or damages to the Property. Please note that the paying of the Security Deposit does not limit the Booker’s liability for loss or damage to the Property. You will be expected to pay the full amount of loss or repair.

· Not to smoke, vape or allow other Guests to smoke or vape inside the Property. Evidence found of either smoking or vaping or if the fire alarm is set off by doing so will result in the loss of whole Security Deposit.

· Pay for any optional extras at the rate stated on the Owner’s website.

· Not to share the Property, or part with possessions of the Property, unless previously agreed in writing by the Owner.

· Not invite additional visitors, including unauthorised entertainers. Any agreement to have entertainers visit during the rental must be authorised in writing by the Owner’s management.

· Dispose of household waste in accordance with the Owner’s waste disposal requirements. These are explained to Guests by the Owner’s staff on arrival.

· Grant the Owner the right to access the Property at any time during the rental, after reasonable notice has been given by the Owner, or without notice in an emergency.

It is mutually agreed that:

· Should the Property, for reasons beyond the Owner’s control, included by not limited to fire, theft or sale, not be available on the date booked, all rent and any charges paid in full by you to us will be refunded in full. You accept that you will have no further claim against us.

· The Owner accepts no liability for any accident, damage, loss, injury, expense, or inconvenience whether to person or property which you or any Guests may suffer or incur that arise out of the rental or are in any way connected with the rental.

· The Owner cannot accept a change of rental property or details of a booking once the booking deposit has been received. However, occasionally the Owner can accept an alteration of dates, notwithstanding any obligations incurred if a change of dates is requested within less than 8 weeks of a Booker’s arrival date.

· The Owner aims to ensure that information is accurately conveyed on the website. Any changes to the Property and its facilities will be notified to you as reasonably practical. We cannot accept responsibility for any changes or claims to the area amenities mentioned on our website.

· Any complaints must be notified in the first instance to the onsite manager or another member of staff immediately, so that they can investigate the circumstances and take any necessary action. In no circumstances can compensation be made for any complaints that are made after the date of departure, or where you have denied or prevented us or our agents the opportunity to try to put matters right during the Guests’ stay.

· Occasionally accidents do happen and any losses must be paid for. The Property will be checked and cleaned before the arrival. Should you find on arrival any damage or non-working items you will notify the onsite manager or another member of staff immediately, so that matters can be rectified.

Wi-Fi usage

The Booker agrees not to use the Service to access Internet Services, or send or receive e-mails, which:

· Are defamatory, threatening, intimidatory or which could be classed as harassment;

· Contain obscene, profane or abusive language or material;

· Contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

· Contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

· Contain material which infringe third party’s rights (including intellectual property rights);

· In our reasonable opinion may adversely affect the manner in which we carry out our business;

· Involves downloading, altering, e-mailing and distributing copyrighted content unless certain that the Owner of such works has authorised its use by you;

· Constitutes or is capable of constituting a criminal offence or is otherwise unlawful or inappropriate, either in the United Kingdom or in any state throughout the world.

The Booker agrees to compensate the Owners fully for any claims or legal action made or threatened against the Owners by someone else because the Booker has used the service in breach of these Wi-Fi usage terms and conditions.


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