In these terms and conditions the following terms have the following meanings:
'Accommodation' means the cottage shown in the confirmation invoice or as may otherwise be agreed in writing between Auchendennan and the Visitor;
'Agreement' means the agreement between Auchendennan and the Visitor for the holiday rental of Accommodation on these Terms and Conditions;
Auchendennan means James Cargill Ltd Trading as Auchendennan Self Catering (Registration Number SC293772) whose registered office is Auchendennan Farm, Arden, Alexandria. G83 8RB; and 'Visitor' means the person named in the confirmation invoice.
1. These Terms and Conditions are printed in the brochure and on the reverse of the confirmation invoice. The making of a booking will form an agreement on these Terms and Conditions between the Visitor and Auchendennan for the holiday rental of the Accommodation.
2. Auchendennan permits the Visitor to occupy the Accommodation for the holiday period shown in the confirmation invoice together with the use of its contents.
3. The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.
2. Booking and Payment Terms
1. For bookings made 1 week or more in advance, the booking for a holiday will be effective when a deposit of at least 25% of the holiday price has been received by Auchendennan. Please note that we do not take provisional bookings or allow “holds”on properties. For bookings made for a holiday less than 1 week away, full payment must be made at the time of booking.
2. The holiday price may include Value Added Tax (VAT), property specific. If rates of VAT change from that included in the holiday price Auchendennan may amend prices accordingly.
3. All payments can only be accepted in Pounds Sterling. We take most major credit cards and can take payment over the telephone.
1. If a visitor wishes to cancel a booking it must give Auchendennan notice in writing as soon as possible. All deposits for reservation are non refundable. If cancellation is within 1 week of arrival the full amount will still be deemed payable. Auchendennan will endeavour to re-book the Accommodation for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover office administration.
2. If, following a booking, the full balance is not paid on time, Auchendennan shall notify the Visitor. If, after 2 days from the date on which full payment is due, full payment has not been received by Auchendennan then, it may cancel the holiday booking and the above cancellation charges will apply and the Visitor remains liable for 100% of the holiday cost.
4. Auchendennan Right to Refuse/Alter
1. Auchendennan may, at its discretion, refuse any booking.
2. Auchendennan may cancel or alter arrangements made for the Visitor whether before or during the holiday period provided that such cancellation or alteration is necessary:
1. due to circumstances beyond the reasonable control of the Auchendennan; or
2. to perform or complete essential remedial or refurbishment works.
3. If a booking is altered or cancelled by Auchendennan due to circumstances beyond its reasonable control, it will take reasonable steps to offer a suitable alternative booking. If Auchendennan is not able to offer such an alternative or the Visitor does not accept the alternative offered, Auchendennan will return to the Visitor the relevant proportion of the money paid by the Visitor to Auchendennan in respect of the Accommodation and will not otherwise be liable for any loss caused by such alteration or cancellation.
4. If a booking is altered or cancelled by the Auchendennan in order to perform or complete essential remedial or refurbishment works it shall offer the Visitor a cottage in the same or a higher price band (at no additional cost) or in a lower band (where the difference will be reimbursed).
5. Change of Booking
1. Transferred bookings are not normally permitted e.g. a transfer from one cottage to another, a change in the Visitor or a transfer from one date to another.
2. Auchendennan may, at its discretion, accept transferred bookings subject to payment of a fee of £35.00 (thirty-five pounds). However, bookings will not normally be accepted within one month of the Visitor's holiday, or from one calendar year to another.
6. Maximum Numbers of Visitors
1. Occupation must be limited to the maximum number of persons for the Accommodation stated in the brochure or on the loch-lomond-accommodation.co.uk website, in the available beds only - no tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available in each cottage. To exceed the maximum number of persons in a cottage overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for).
1. The holiday price will include all charges for water, gas, electricity, or oil. Visitors must comply with the instructions found in the welcome pack in the Accommodation regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to the Visitor.
8. Liability and Loss of Visitor Property
1. Any Visitor's property found at the Accommodation or on Auchendennan property will be subject to the Auchendennan Holiday Cottages Policy regarding lost property as described in the welcome pack in the Accommodation. Lost property will normally be disposed of if it is not collected within 6 months and Auchendennan may charge a reasonable administration fee to cover the costs of storage and handling of lost property.
2. Auchendennan will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
1. unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
2. where such loss or damage is not a reasonably foreseeable result of any such breach; or
3. where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, Auchendennan.
1. Dogs are not permitted except in the cottages indicated in the brochure and on the website. Where dogs are permitted then a maximum number of dogs shall apply and only well trained dogs are permitted on condition that they are not allowed on the furniture, and especially the beds, nor left unattended in the Accommodation. A charge will be made for each dog. No other domestic pets can be accepted in Auchendennan holiday cottages.
2. Assistance dogs are permitted in the Accommodation and the restrictions and charges described in Clause 10.1 above do not apply to such dogs, however the Visitor must notify Auchendennan of the intended presence of any assistance dogs prior to booking.
10. Auchendennan Right of Entry
1. As with any accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. Auchendennan and its contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
2. Auchendennan will give the Visitor reasonable notice of such requirements, and aims to restrict the working hours of our contractors to between the hours of 10.00 - 15.30. If this is not possible Auchendennan will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.
11. Visitor Obligations
1. The Visitor will be responsible for all payments and for any damage, whether caused by the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.
2. The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
3. The Visitor must allow Auchendennan and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
4. The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to Auchendennan or to any neighbours.
5. The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
6. Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party agrees not to smoke inside the Accommodation.
7. The use of candles or fireworks by the Visitor or his or her party at the Accommodation is not permitted unless expressly agreed in writing with Auchendennan .
12. Damages and Security Charge
1. Auchendennan recommends that Visitors hold personal insurance for accidental damage, unforeseen cancellation and personal liability.
2. If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to Auchendennan immediately otherwise it will be presumed that the damage/loss was caused by the Visitor and a charge will be made.
3. All damages will be payable by you up to an amount due to return the property to the same condition as property was presented on arrival.
4. As a condition of booking the property you explicitly agree that we can retain your payment/credit card details. You authorise to take reasonable payment to rectify damages immediately in order that no further losses are incurred by next guests.
1. The Agreement is personal to the Visitor. The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor's party during the holiday period, and not for any other purpose or longer period.
2. The maximum occupancy of the Accommodation shall not be exceeded. However Auchendennan will always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy (for example, a function or celebration). If the Visitor wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of Auchendennan. If permission is granted, an additional charge will be made.
14. Water Supply
1. Auchendennan cannot accept responsibility for a shortage of water at the Accommodation where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of Auchendennan’s reasonable control.
1. If the Accommodation becomes inaccessible due to bad weather Auchendennan will take reasonable steps to inform the Visitor and to offer an alternative Auchendennan cottage. However, Auchendennan’s liability does not extend to weather related conditions that affect public roads.
1. Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the office immediately. Reasonable steps will then be taken to assist the Visitor.
2. Auchendennan is committed to ensuring that any problems or complaints the Visitor may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify Auchendennan or refusal of reasonable rectification may affect the Visitor's right to compensation or repayment.
3. Visitors must provide a contact telephone number and suitable time for Auchendennan to communicate with them about problems or complaints. Visitors must allow access to the Accommodation by any staff or contractors of Auchendennan to resolve problems or complaints. If despite contacting Auchendennan the problem or complaint remains unresolved, the Visitor must contact the contact centre again. The Visitor must not independently move to other accommodation without first allowing Auchendennan the reasonable opportunity to assist in resolving the complaint or problem. If the Visitor does so, or refuses reasonable rectification, the Visitor may affect their rights to compensation or repayment.
4. Visitors must formally confirm any unresolved complaint in writing to Auchendennan within 28 days of return from holiday, addressed to:
Auchendennan Farm, Arden, Alexandria, G83 8RB.
17. Arrival and Departure Times
1. The Visitor and his or her party must arrive after the arrival time (5pm on the first day of the holiday period) and depart before the departure time (10.00am on the last day of the holiday period). Auchendennan especially recommends arrival before 7pm in winter months where access to rural Accommodation is often made more difficult due to lack of local lighting. Any stay that extends over this period will be subject to a charge being made for additional days.
2. The Visitor will be issued with a set of keys to the Accommodation on the first day of the holiday period and the Visitor must return them on the last day of the holiday period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.
18. Rural way of life
1. Many of the cottages are located in rural areas and any action by the Visitor and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land belonging to others, will constitute a breach of the Agreement by the Visitor.
19. Right to Evict
1. Auchendennan may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:
1. this is deemed necessary by Auchendennan where there is a serious breach by the Visitor of the Agreement or the Visitor's or his or her party's behaviour endangers the safety of other visitors or members of staff; or
2. any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
20. Governing Law
1. The construction, validity and performance of the Agreement shall be governed by the law of Scotland, and both parties submit to the non-exclusive jurisdiction of the UK Courts.