THE CONTRACT
The Contract for your holiday will be between the Owners of Auchencairn House and Tower Lodge, (referred to as “us” or “we”) and the person making the booking and all members of the holiday party connected to this person (referred to as “you”, “your”, “guests”) under the following booking conditions. Scottish law will govern the Contract. The Contract will be subject to these booking conditions, and must be complied with. The person whose name is on the booking form (referred to as the “Responsible Person”) agrees to take full responsibility for ensuring that all the following Terms and Conditions are adhered to by all members of the 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 the Owners on request.
When you submit a booking via our online reservation system we will respond to the email address which you have supplied, in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by a deposit being made.
PAYMENT
Bookings are confirmed on receipt of the booking form and receiving the deposit of 25% of the holiday cost. The balance of the payment for the holiday will be due for payment 60 days before the arrival date; you will be sent email notification that the balance is due. We reserve the right to cancel a booking where payment has not been received 30 days before the commencement date, in which case the deposit is forfeit. If the booking is made within 30 days of the arrival date then payment will be due in full. No entry will be allowed without payment, in full, being cleared beforehand. Once you have a confirmed booking (i.e. the deposit has been paid and processed), you are responsible for the full cost even if you subsequently cancel.
CANCELLATION
Cancellations must be immediately notified to us by email immediately. If we are able to re-let your dates we will refund you the full letting price paid by the subsequent guests (this may not be as much as you paid.) If we are unable to re-let you remain responsible for the full rental cost and there will be no refund under any circumstances. If your cancellation is due to covid then we will refund you the full deposit or amount paid up to two days before your holiday is due to start.
CANCELLATION INSURANCE
Cancellation insurance is not compulsory but we strongly recommend such insurance to protect against the cancellation penalty.
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, 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 the liability of the Owners. No additional compensation, expenses or costs will be payable.
LIABILITY
As far as the law allows, we, at Auchencairn House, our 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 us against loss, damage or injury sustained to the property or any persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.
RIGHT OF ENTRY
We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
ACCURACY OF DETAILS
The brochure and website are 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.
TERMS OF USE
Unless you are booked in to a residential weekend course, you may access the properties from 15.00 on the day of arrival (earlier arrivals are strictly by arrangement only). Please note that departure is by 10.30am on your final day (again, later departures are strictly by arrangement only). We need this time to ensure that the properties are ready for your arrival after the previous guests. On departure, you are requested to leave the accommodation in a clean and tidy condition. For the self catering accommodation, this includes washing up, placing rubbish in bin liners and putting in outside bins, ensuring ovens are clean and free from grease.
The properties are let for the purposes of a holiday let to which paragraph 6 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016 applies. 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 or for B&B and to accept the Owner’s 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 the Owner requiring the Responsible Person or their guests to leave Auchencairn House or the Tower Lodge.
NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the maximum number of persons stated on the website occupy the property, unless by prior arrangement with the Owners, in which case there will be an additional charge at the Owner’s 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 either Tower Lodge or Auchencairn House.
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 holiday period as at the beginning. You undertake to 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 the owner or other neighbouring properties.
DAMAGES & BREAKAGES
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand (although we would not charge you for the odd glass or plate). If you lose a key we will replace it upon you paying for the cutting of a new one.
INTERNET ACCESS
Internet access is provided for guests’ use. You agree to reasonable and lawful usage of this service.
PETS
We only allow dogs to stay at the Tower lodge and this, at our own discretion. Please advise us of how many dogs you wish to bring and what type. No pets are allowed at Auchencairn House, owing to the owners having their own, and this causing trouble. 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. 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.
COMPLAINTS
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 want you to return. We are on site, and will do our best to resolve any problem.
GENERAL
In the event that any individual term or clause stated in these Terms and Conditions of Let is not permissible by law, the remainder of the agreement shall remain valid.
