terms & conditions
TERMS AND CONDITIONS OF BOOKING
By booking this property you agree that the booking and the booking contract are subject to the Booking Terms and Conditions which are set out below.
Within these Booking Terms and Conditions:
- “you” and “your” means the person whose name appears in the booking confirmation as the lead guest, but these Booking Terms and Conditions apply to all other persons in the party.
- “we”, “us” and “our” means the Owner of the property, Oran House.
- “booking” means the process set out below leading to the formation of the booking contract.
- “booking contract” means the legal binding agreement between you and the owner which comes into effect once a booking is confirmed.
- “property” means the property in respect of which a booking is made.
- “force majeure” means any event which the Owner could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside the Owner’s control.
- GENERAL TERMS AND CONDITIONS
1.1 You must be aged 18 years or over when the booking is made.
1.2 The Owner reserves the right to refuse any booking for any lawful reason.
1.3 Bookings for stag and hen parties are not permitted.
1.4 You may occupy the property for the purpose of a holiday only and it is understood that no other type of tenancy will arise other than a holiday letting.
2. BOOKING PROCEDURE
2.1 A deposit of 20% of the total rental cost of the property must be made at the time of the provisional booking.
2.2 Bookings made within eight weeks of the arrival date at the property must be paid in full at the time of the provisional booking.
2.3 All bookings remain provisional until payment has been received in cleared funds. If payment has not been made within 48 hours of making the provisional booking, the provisional booking will be treated as cancelled.
2.4 Once the provisional booking has been accepted and all payments then due have been made, we will send you confirmation by email that the booking is confirmed. Please contact us immediately if any information which appears on the booking confirmation is incorrect or incomplete.
2.5 All bookings remain provisional until confirmed by us in writing at which point the booking contract is formed.
2.6 The balance of the rental cost and security deposit (see 4 below) must be paid in full in cleared funds eight weeks prior to your date of arrival at the property unless you have already authorised us to take the balance of payment from your debit or credit card. A reminder will be sent to you by email one week before this date. Failure to comply with our payment terms may lead to the booking being treated as cancelled whereupon our standard cancellation terms will apply (see paragraph 10 below).
3. PRICES AND PAYMENT
3.1 Our quoted prices for accommodation only and include (where applicable) VAT, cleaning on departure, bed linen and towels, electricity, gas, water and central heating.
3.2 Payments can be made in UK sterling by bank transfer, credit or debit card. You will reimburse us for any charges raised against us for handling overseas bank transfers or other payments.
3.3 Our booking system is PCI compliant and protected by Secured Socket Layer encryption.
4. SECURITY DEPOSIT
4.1 A security deposit is required to cover the cost of any damage or breakages to or at the property, its contents or grounds, any additional cleaning required over the time allowed for a standard departure clean, replacement of lost or non-returned keys (and replacement of locks if necessary), a penalty fee and the cost of professionally cleaning the soft furnishings where the no smoking rule has been ignored, replacement of soiled mattresses, the cost of telephone calls if applicable, call out charges incurred by guests, late departure or early arrival (if not agreed), over occupancy of guests or taking pets into a property that does not permit pets.
4.2 We will inform you at time of making the booking of the amount of the security deposit.
4.3 We will hold your credit or debit card details used to pay the deposit or balance of the booking for the security deposit, unless you state otherwise and provide us with alternative debit or credit card details.
4.4 Credit or debit card details for the security deposit must be provided at time of payment. You agree to us holding your card details for the purpose of payment of the security deposit or any part of it or for any additional sums which are payable by you in accordance with paragraphs 4.9 – 4.12 below.
4.5 If you fail to provide credit or debit card details for the security deposit on request, we reserve the right to treat the booking as cancelled whereupon our standard cancellation terms will apply (see paragraph 10 below).
4.6 The credit or debit card provided in respect of the security deposit must be valid for a month after the booking departure date.
4.7 The housekeeper or Owner will inspect the property after your departure.
4.8 You will only be notified if there is cause to charge any proportion of the security deposit.
4.9 We will notify you of any damage or breakages noted along with images provided by the Owner (where applicable) within 10 working days of your departure from the property. Charges up to the value of £50 are at the discretion of the Owner. You will be charged where the cost of repair or replacement totals £50 or more.
4.10 The costs referred to above will be charged to your credit or debit card which we hold for the security deposit. If we are unable to charge the security deposit to the credit or debit card provided by you for this purpose, we will provide you with a written request for the total due which must be paid in full within 14 days.
4.11 If the security deposit specified at time of booking is not sufficient to cover the costs referred to above, we will charge the full amount of the security deposit and the balance over and above this sum to your credit or debit card on the date that is 14 days after the amount has been notified to you.
4.12 If there is a delay in obtaining an invoice (for instance if repairs are involved), we will charge the security deposit or a proportion of it and will refund any excess to your debit or credit card once the final invoice is received from the owner.
4.13 We will liaise with you and seek to resolve any security deposit issues within four weeks following your departure from the property unless there is a dispute between you and the Owner over damage or we are awaiting bills/proof of damage.
4.14 We reserve the right to charge a discretionary administrative charge of up to £50 including VAT for handling security deposit claims.
5. YOUR OBLIGATIONS
5.1 You must arrive and depart within the check-in and check-out times stipulated for the property unless special arrangements have been agreed in advance. Failure to check out on time may result in a charge of £50 being made to your security deposit.
5.2 You must keep the property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the date of your arrival and in the same state of general order in which they were found. We reserve the right to make a deduction from your security deposit for any additional cleaning required over the usual number of hours committed to departure cleaning.
5.3 Mattresses are checked after every booking. In the event of a mattress being soiled, you will be charged for a new mattress or sanitisation if the latter is viable.
5.4 You will be charged for the cost of replacing bed linen and towels with permanent staining including those from fake tan or make up.
5.5 The property is strictly no smoking and if you fail to observe this prohibition you will be charged a penalty in addition to the cost for the cleaning of soft furnishings and any other additional cleaning required to remove all traces of smoke from the property.
5.6 The use of candles or other open flames is not permitted.
5.7 You must promptly report to the housekeeper or Owner any breakages or damage and you will be responsible for payment of any breakages, loss or damage to the property and/or its grounds or contents caused by you.
5.8 You are responsible for the neighbourly and appropriate behaviour of your party. Should you or a member of your party abuse the property or display dangerous, disrespectful, offensive or rude behaviour to our representatives or any third parties (e.g. neighbours), undertake any illegal activity, or any activity which may cause damage, or unreasonable noise or disturbance the Owner reserves the right to require the person(s) concerned to leave the property.
5.9 You are responsible for you and your party maintaining acceptable levels of noise at the property and within the grounds and vicinity of the property particularly between the hours of 10.00pm and 8.00am. In the event of you or any member of your party breaching this responsibility, we reserve the right to ask you to vacate the property.
5.10 Any changes to your party should be notified to us. In addition, you must not exceed the maximum number of guests permitted to occupy the property as stated in your booking confirmation, exceed the maximum number of guests the property accommodates or sublet the property.
5.11 You are not permitted to organise a function (e.g. party or other event) at the property.
5.12 You are not permitted to use the property’s electricity supply to charge electric vehicles. EV charging points are available in the village.
5.13 In the event of any breach of the obligations of this paragraph 5 you may be asked to vacate the property and in these circumstances the booking contract will come to an end immediately without any refund of payments made by you or any compensation for early termination. You will be liable for any costs or damages stipulated in these Booking Terms and Conditions caused by your breach and such costs and damages can be charged to the security deposit.
6. OWNER’S LIABILITY
6.1 The Owner does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the Owner’s negligence or the negligence of our employees or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the booking contract. However, we do not accept liability for any loss, damage, injury or death howsoever caused to you (or anyone in your party) or to your vehicles or personal property in circumstances where the Owner has not been negligent. Any valuables left at the property are left at your own risk. It is your responsibility to ensure that all doors and windows are closed and locked when leaving the property or when in the grounds. You should 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.
6.2 Children within your party should be monitored by you at all times and it is your sole responsibility to check the suitability of any children’s equipment which is provided at the property as the owner cannot accept any responsibility for its use.
6.3 The Owner is not responsible for noise or disturbance originating beyond the boundaries of the property.
6.4 The Owner cannot be responsible for the failure or interruption of the supply of water, gas, electricity or broadband to the property or the removal of waste water from the property or for the breakdown of domestic and mechanical equipment such as heating or plumbing systems and boilers. In such circumstances, the Owner or housekeeper will take all reasonable steps to reinstate the supply or service or repair any equipment as soon as practicable.
6.5 At properties where broadband is provided, no responsibility is accepted for any failure of the service, nor can a minimum speed be guaranteed, particularly in rural areas.
6.6 The Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the booking was made, both we and you knew it might happen.
6.7 The Owner cannot accept any liability where the performance of our obligations to you is affected or prevented by force majeure including an act of God, an act of Government or an act of War. Where force majeure applies the Owner will not be liable to pay for any damage, loss or expense which you suffer or incur.
7. ACCESS TO THE PROPERTY
7.1 The Owner or their representative have a right to access the property at any reasonable time during your stay to carry out essential maintenance or undertake essential checks. We will endeavour to give reasonable notice to you if practicable. Gardeners and maintenance staff may also enter the grounds during your stay but will try as best possible not to interfere with your enjoyment of the property.
8.1 In the event that a complaint arises whilst you are on holiday you should first contact the Owner promptly (their details will be found in the Guest Arrival Information or Property Information Book) to allow them an opportunity to rectify the matter. It is important that this procedure is followed to allow us the opportunity to investigate the complaint during your holiday.
8.2 In the unlikely event that any problem is not resolved to your satisfaction during your holiday, you should send us written details of your concerns by email or letter within seven days of your return. Please note that posting complaints on social media is not an appropriate form of communication for resolving problems and we will therefore only deal with emails or letters sent by you in accordance with this paragraph.
8.3 We cannot accept complaints unless this procedure is followed. Complaints received after your holiday will not be accepted if we have not had prior notification of them and been given the opportunity to put matters right.
9. ALTERATIONS TO A BOOKING
9.1 Any change to the booking date is at the discretion of the Owner. Any difference in price must be met by you and there will be no refund due if the new booking is at a lower price. You will only be permitted to move your booking once to another date within the next 12 months, subject to availability.
- CANCELLATION OF A BOOKING
10.1 Cancellation by you of your booking must be given in writing/email. The effective date of cancellation is the date we receive your notification and the cancellation charges detailed below will apply.
Number of days before holiday start date that notification is received & cancellation charge due:
More than 42 days – Deposit
21 to 42 days – 50%
20 days or less – 100%
10.2 If you cancel we will endeavour to obtain a replacement booking. If a replacement is obtained, we will refund all monies paid by you for the rental, less any difference between the total price you paid or would have paid for the rental and the price paid by the replacement guest.
10.3 Please note that all cancelled bookings will be subject to an administration fee of £20 including VAT.
10.4 Acceptance of the cancellation of part of a booking is at the sole discretion of the owner and if accepted will subject to the terms of this paragraph 10.
10.5 We strongly recommend that you take out travel insurance which covers you for cancellation when placing a booking. We also strongly recommend that the policy covers you for personal liability claims in the event that accidental damage is caused during your stay.
11. ALTERATIONS BY US
11.1 In the interest of continual improvement the Owner reserves the right to make minor modifications to furniture, amenities and facilities without any prior notice.
11.2 We reserve the right to amend prices due to errors or omissions. You will be notified immediately and have the right to cancel the booking if the amended price is significantly higher than the original price quoted, and we will refund to you all payments you have made in respect of the booking.
12. ACCURACY OF MARKETING MATERIALS
12.1 The contents of our web site and any online or offline marketing materials have been prepared in good faith. We will inform you of any significant changes at the time of booking or as soon as possible afterwards if you have already booked, but we shall not be liable for any minor or insignificant inaccuracy in descriptions and information.
12.2 The Owner cannot accept responsibility for any changes or closures to local amenities or attractions mentioned on our web site and in other marketing material.
13.1 We make it our highest priority to ensure that the personal information you provide to us is secure and remains confidential at all times. We will only disclose any personal information where the law either requires or allows us to do so.
13.2 Your identity and contact details will be available to the Owner and housekeeper.
14.1 These Booking Terms and Condition and the booking contract to which they apply are governed in all respects by Scots Law and will be subject to the jurisdiction of the Scottish Courts.
15. ENTIRE AGREEMENT AND SEVERANCE
15.1 The booking contract incorporating these Booking Terms and Conditions constitutes the entire agreement between us and supersede any previous agreements or conditions.
15.2 If a court finds part of these Booking Terms and Conditions to be illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16. HOW TO CONTACT US
If you have any questions or complaints, please contact us via email at [email protected]