The following terms apply:
"Owner" shall mean proprietors of Lotus Lodge
"Hirer" shall mean the individual who made the booking
"Guest(s)" shall mean the Hirer's party
A contract shall only arise when a deposit payment has cleared and a booking is confirmed, by post or email.
The contract effected between the Hirer and the owner of the property is in terms of Schedule 4 Section 8 of the Housing (Scotland) Act 1988 and confers on the Hirer the right to occupy the property for the period agreed for holiday purposes only.
TERMS & CONDITIONS
BOOKING POLICY: A booking may be held in provisional status for a period of 7 days. After 7 days, a 30% deposit is required in order to confirm the booking. Failure to pay a deposit within this 7 day period may result in cancellation of the booking. When the deposit has been received, in cleared funds, your booking will be confirmed by post or email.
The balance is then payable at least 6 weeks prior to the rental start date. The Hirer will be advised when the balance is due and if payment is not received by the required date the booking may be cancelled and the deposit forfeited.
Payments can be made by cheque or by direct bank transfer. All cheques should be made payable to Lotus Lodge. Please ask if you require bank account details for a direct transfer.
GOOD HOUSEKEEPING DEPOSIT: A good housekeeping deposit, of between £250 and £500, is required for all rentals and must be received, in cleared funds 2 weeks prior to occupancy. Failure to leave the house in a clean & tidy condition, breakages and other misuse of facilities will result in deductions being made from this deposit. In the case of significant damage, the Hirer’s liability will not be limited to the amount of the damage deposit.
This deposit, or its balance, will be refunded to the Hirer within the week following the departure date.
A condition of acceptance of any booking is that the guests will take good care of the house and its contents, and that it is left in a truly clean and tidy state, as it will have been found. The care is to include all furnishings, utensils, crockery and linen and although minor breakages may not be charged for, the Hirer is responsible for all damage or breakages. If excessive cleaning is required an 'excess cleaning charge' will be levied and deducted from the good housekeeping deposit (normally £100).
CANCELLATION POLICY: You may cancel your booking, by post/email/telephone, within 7 days of payment of the booking deposit, during which time the deposit will be returned in full. After this date the deposit is non-refundable, regardless of circumstances.
From 6 weeks to 2 weeks prior to the arrival date 75% of the balance will be forfeit
Within 14 days of the arrival date 100% of the rental fee will be forfeit.
ARRIVALS/DEPARTURES: The house is available from 4pm on the day of arrival. It is the Hirers' responsibility to inform the Owner of an estimated time of arrival, in advance of their stay.
Departure time is 10am on the day of departure.
HIRER RESPONSIBILITY: The person held to be responsible for the hiring party will be the person who made the booking and paid the booking deposit. The Hirer undertakes to relieve the Owner from any liability for damage or injury, however caused, by any member of his party.
The Hirer is responsible for the condition of the property and the behaviour of the occupants during the rental period.
The Hirer shall undertake to prevent any member of his / her party from causing a nuisance or disturbance to other residents, neighbouring occupiers or livestock. Additionally, due to the quiet nature of the village the Hirer must ensure that outdoor noise is kept to a minimum after 10pm. PLEASE NOTE NO FIREWORKS ARE PERMITTED.
The owners reserve the right to terminate occupancy of the property, without notice or refund, if it is deemed that guest behaviour is inappropriate.
NO SMOKING: Smoking is not permitted inside the house. If you smoke outside the house your must collect your butts. Smoking in the house, will set off the fire alarm and will result in the loss of your good housekeeping deposit.
LIMITATIONS OF LIABILITY: The use of holiday accommodation and any facilities is entirely at the guests' own risk and no liability is accepted for any death, sickness or injury to any guest or for the loss, theft or damage to any guest property, including vehicles, however sustained or caused. It is the responsibility of the guest to ensure that their belongings are secure at all times.
CHILDREN: Children must be supervised by an adult at all times. Extra care should be taken if the wood burning stoves are being used and whilst children are in the garden. The house and garden have not been child-proofed in any way and child safety remains the sole responsibility of parents/carers throughout the rental period.
PETS: Dogs are allowed however, it is understood that they are not allowed on any beds and chairs, and must not be left unattended at any time in the property. Damage to property (including soiling) by pets will result in a charge for repair or cleaning being deducted from the good housekeeping deposit.
OWNER CHANGES: If the Owner is prevented, because of circumstances outwith his/her control, (e.g. fire damage, drought, interruption of utility supplies or force majeure), from putting the property at the disposal of the Hirer, the rental charge shall be refunded in full but the Hirer shall have no further claim against the owner.
Owners reserve the right to decline to hand over properties to any person or persons who, in their opinion, is not suitable to take charge. In such cases, hire charges shall be refunded in full and the liability of the owner shall cease.
PROPERTY INFORMATION: The Owners have taken every care to ensure the accuracy of property descriptions on their website and all information is provided in good faith and is believed to be correct. We cannot accept liability for a breakdown of any facility at the holiday property which is beyond our reasonable control (e.g. breakdown of electrical equipment, power cut, problem with plumbing etc).
COMPLAINTS: Once guests return home it is difficult to investigate complaints of any nature. Any such matters should be brought to the attention of the Owners immediately and every effort will be made to rectify difficulties. Regrettably, the Owners are unable to accept claims once a rental period has been completed.
The Hirer undertakes to leave the hired premises secure if left unoccupied during the period of let.
The Hirer shall not sub-let the premises or any part thereof.
The Hirer binds and obliges himself to vacate the hired premises without demand at the termination of the period of hire.
The number of persons occupying a property must not exceed the maximum occupancy level stated, unless otherwise agreed. The Owners reserve the right to terminate occupancy of the property, without notice or refund, in the case of a breach of this condition.
The Owner has the right to enter the property at any reasonable time for the purpose of inspection, repair work, etc
In the event that any individual term or clause stated in this Contract is not permissible by law, the remainder of the Contract shall remain valid.
This Agreement shall be governed by and construed in accordance with the Laws of Scotland and shall be subject to the jurisdiction of the Scottish Courts.
This does not affect your statutory rights
BY PAYING A DEPOSIT AND THUS ENTERING INTO A RENTAL AGREEMENT YOU ARE AGREEING TO BE BOUND BY THE ABOVE CONTRACT.