- In these terms and conditions:
a) The expression “the owner” shall mean the person or persons who own the property, hereafter referred to as The View.
b) The expression “the holiday-maker” shall mean the person who completed the booking.
- Scottish Law shall apply to all contractual obligations arising out of these Terms and Conditions
- The View makes every effort to ensure the accuracy of all information supplied including all property details, however no warranty is given as to their accuracy. The View does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether orally or in writing.
- The View check the property and appliances to the best of their ability, but will not be liable for any act, neglect or default on the part of the owner or any other person, or breakdown of any domestic appliances, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the holiday maker or any other person may suffer or incur.
- The View do not warrant any statements, actings or otherwise of the holiday-maker and liability for any acts, omissions, neglect or default etc of the holiday-maker are not to be imputed to The View.
- The property shall be used solely for the purpose of a Holiday Let as prescribed by Private Housing (Tenancies) (Scotland) Act 2016, Schedule 1 clause 6 and the holiday-maker shall not sub-let the property, or any part of the property, or any equipment from the property. The hiring contract is a licence to occupy between the holiday-maker and The View. The holiday-maker shall allow the owner or his agents or employees unrestricted access to the premises at any time for all reasonable purposes.
- The booking is made on the understanding that the property is available to the holiday-maker on the dates stated. If for any reason beyond The View’s control (e.g. fire, storm damage, illness, sale or withdrawal of the property for any reason etc) the property is not available on the date booked The View will use its best endeavours to provide alternative accommodation to the holiday-maker but cannot guarantee that such will be provided and if such cannot be found or is not suitable for the holiday-maker then all monies paid by the holiday-maker shall be returned in full. The View shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and the holiday-maker shall have no claim against them. The holiday-maker shall advise The View within seven days of being offered alternative accommodation whether or not it is acceptable. If the alternative property is more expensive The View reserves the right to charge the difference in cost
- Submission of an internet booking or completion of a telephone booking with deposit payment will be deemed to be acceptance of these conditions. The person making the booking warrants that he/she is authorised to agree to The View’s terms and conditions and is acting on behalf of all persons including those substituted or who join the party at a later date. The person who makes the booking is responsible for ensuring that all persons occupying the property comply with the terms and conditions and in all respects.
- The contract is made on issue of the booking confirmation receipt from The View which will be sent to the holiday-maker after the owner has confirmed that the booking may be accepted.
- Payment of the 30% non refundable deposit plus booking fee or full payment if within eight weeks of the holiday start date is required on making the booking. Payment may be made by cheque payable to Rhoda MacPherson or by debit/Credit card or Paypal; payment is not accepted by American Express or Diners Card. Payment should be made directly to the office on confirmation of the booking. If the booking cannot be accepted by The View, the full amount shall be returned within 7 days. If a booking is accepted, the holiday-maker becomes liable for the balance of payment for the full period of the holiday, full payment must be made eight weeks prior to the holiday, if payment is not received the booking may be cancelled forthwith. Travel directions and key holder information will be issued after full payment for the booking including Security Deposit. Where payment is made by credit card The View reserves the right to levy a charge in respect of each payment so made. If the owner instructs The View to refuse or to cancel any booking which has been made on his/her behalf then this will be notified to the holiday-maker in writing and any monies which have been paid to The View will be repaid in full to the holiday-maker within 7 days.
- Where VAT is applicable, it is included in the rental.
- All holiday-makers booking a holiday are required to pay either a Security Deposit, £150 or as noted in the property listing details, or Security Deposit Waiver of £18. The Security Deposit or Security Deposit Waiver, as selected, is required to be paid with the balance payment of the holiday. Where selected the Security Deposit will be held by The View to be applied against the reasonable costs of repairs, replacement or additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled other than by normal wear and tear during the holiday. The Security Deposit, less any reasonable charges, will be returned within 14 days of the departure date. Where any costs exceed the Security Deposit the holiday-maker will pay such excess as notified to them by The View within 14 days of notification.
- Where the holiday-maker has agreed to pay the Security Deposit Waiver the Security Deposit is not payable. The Security Deposit Waiver is non-refundable. If the cost of any damage or breakages exceeds the applicable Security Deposit value for the property, then the holiday-maker will be liable for any additional costs. Any such excess will be notified to them by The View and due for payment within 14 days of notification.
- Discover Scotland reserves the right to refuse accommodation either on its own account or on behalf of the owner. In no circumstances may the number of people occupying the property exceed the number stated on the website or agreed with the owners in writing, neither may the property be used for a party of any sort, unless agreed in advance and in writing. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed. The owner may refuse to hand over the property to any person who, in the owners’ opinion, is not suitable to take charge of the property. If refusal of entry or termination of the booking occurs there will be no refund of any part of the payment made for the holiday and if any damages have occurred there will be no restriction on the owner seeking due reimbursement of reasonable costs. In all such cases, all liability of The View and owner shall cease declaring that in no event shall The View accept any responsibility or liability for such refusal, termination or otherwise or any loss or damage arising there from.
- The period of hire shall be from 3pm on the day of arrival and the property must be vacated by 10 am on the day of departure, unless otherwise stated or agreed in writing. If the holiday-maker is unable to arrive at the property by midday on the day following the holiday start date the holiday-maker must advise The View of the intended late arrival. Failure to arrive by midday on the day following the holiday start date and failure in those circumstances to advise The View constitutes cancellation by the holiday-maker.
- If the holiday-maker overstays and does not vacate by 10am on the departure day the owner may charge the holiday-maker a minimum penalty of £250 together with any ongoing costs, losses or expenses arising directly or indirectly as the case may be from the failure to vacate.
- The holiday-maker shall at all times maintain the property and its contents in a clean and tidy condition and accept the property as it is equipped at the commencement of hire. The holiday-maker shall be liable to the owner for any loss, costs, expenses or claims arising from any damage caused or additional cleaning required to the property and/or its contents by the deliberate or negligent act or omission of the holiday-maker or of any person in his/her party. If, as a result of such damage, the property or any of its contents need to be repaired or any of the contents need to be replaced then the holiday-maker shall be responsible for paying the reasonable costs of doing so. All properties are designated non-smoking, and if there is a need to deep clean due to unauthorised smoking in a property the minimum charge will be £250 which will be payable by the holiday-maker.
- The holiday-maker shall at all times use the utility services of the property in a fair and reasonable manor and to ensure that wastage does not occur to avoid excess consumption over and above the normal usage in a typical family home. If excess consumption of utilities including utilities, Telephone or Broadband does occur then the owner reserves the right to charge the holiday-maker for any excess consumption.
- Pets are not accepted on the property. If pets are present at the property without consent the owner may immediately terminate the booking and require the holiday-maker to vacate the property.
- If for any reason the holiday-maker is not satisfied with the accommodation, the owner or the caretaker must be contacted as soon as practical so that the problem can be rectified immediately. Whilst The View does not accept any responsibility, if the holiday-maker is not satisfied with the accommodation offered, The View may at its sole discretion try to resolve the matter, based on the information in the general notes in the editorial and provided that full details of the complaint are received in writing at the address given on The View website no later than 5 days after the commencement of the period of the holiday let. Under no circumstances will The View’s liability exceed the rental paid for the property.
- Cancellation by the holiday-maker on bookings up to a booking value of £1500 may be made at any point until the close of business 14 days before the start date of the holiday. If the holiday-maker cancels then no balance will be due or if already paid, it will be refunded other than as noted below; the deposit and the booking fee are not returnable. The holiday-maker may cancel for any reason however no refund of balances will be made to visitors if the cancellation is due to widespread disruption which is beyond the control of the property owners and The View, for example:
- Acts of war, terrorism or criminal action.
- Industrial disputes, riots, civil commotion.
- Natural disasters (e.g. earthquake, flood, volcanic eruption, tidal wave, storm).
- Epidemic of disease in humans, animals or birds.
- Adverse weather conditions.
- Disrupted ferry sailings or flights.
The View does not provide any insurance against cancellation neither loss nor injury while on holiday, nor loss of the deposit, and the holiday-maker should approach your own insurance company to arrange suitable cover.
Deposits/Booking fees are not refundable in any circumstances.
In respect of bookings for more than £1500 the following balance return conditions will apply subject to the foregoing general provisions:
|Number of days’ notice of cancellation prior to holiday date||% holiday cost due from and not returnable to Holiday maker on cancellation|
|56 or more days||60%|
|30 – 56 days||80%|
|Less 29 days||100%|
22. The clauses of these General Conditions shall operate on the basis that the terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated. Nothing contained in the General Conditions shall exclude The View from any responsibility which they have in law in so far as it is competently varied or excluded and these General Conditions shall be read and construed accordingly.
23. No employee or agent of The View has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of The View, excepting only the Managing Director of The View.
24. These General Conditions supersede all previous versions