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OAKBANK - EDZELL

Comfort in the Scottish Glens
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TERMS AND CONDITIONS OF LET

Please remember a reservation is a legal contract.

1. Definition of Terms
Oakbank is a trading name of a holiday letting property located at 40 High Street, Edzell DD9 7TA. Oakbank is owned by Mr & Mrs G D Dalrymple residing at 6 Castle Gardens, Edzell DD9 7SY and they will be referred to as ‘the Owners’. Parties applying to rent properties are referred to as 'the Clients' until the commencement of their let when they are referred to as 'the Tenants'. Contracts to let the property are therefore between the Owners of the property and the Clients/Tenants.
2. Deposits
When a booking is made more than 6 weeks before the tenancy is due to commence, a deposit of 30% of the total rental must be paid to confirm the booking. If a booking is made 6 weeks or less before the tenancy is due to commence, the full rent, together with any additional charges, must be paid at the time the booking is made.
3. Balance of Rental
Once a booking has been accepted by the Owner, the Clients must pay the balance of rental, together with any additional charges, six weeks before the tenancy commences. If the balance has not been paid by this time the Owner reserves the right to cancel the booking, in which case a cancellation charge will apply. The Owner is not obliged to send reminders - the date on which the balance is due is clearly indicated on the Booking Confirmation.
4. Pricing/VAT
Oakbank is not VAT registered and therefore no tax is payable. The Owner reserves the right to amend prices quoted on the web sites or in their brochure.
5a. UK Bookings
Payments will be accepted by cheques made payable to 'Diana Dalrymple', by bank transfer, cash or major credit cards through ‘PayPal’ . The Owner cannot accept post- dated cheques and cash should only be sent by recorded delivery. Any charges imposed on the Owner by their Bank for handling dishonoured cheque’s, bank transfers or other payments will be passed on to the clients who are liable to reimburse the Owner in respect of these charges within 7 days of notification from the Owner.
5b. Overseas Bookings
Overseas Clients may pay by sterling cheque drawn on a UK bank, by bank transfer or major credit cards through PayPal. Any charges for overseas payments will be passed on to the Clients.
6. Authority to Sign
The person completing the booking form certifies that: a. He/she is authorised to agree the booking conditions on behalf of all persons included on the booking form, including those who may be added/substituted at a later date. b. He/she is over 18 years of age and is a member of the party intending to occupy the property. c. He/she agrees to take responsibility for the party occupying the property.
7. Eligibility
Bookings will not be accepted without prior consent from the Owner from: a. Groups of single persons under the age of 21 and b. All male or all female parties comprising more than 6 people.
8. The Tenancy Agreement
The tenancy gives the Tenants the right to occupy the property for a holiday within the meaning of Schedule 1 paragraph 9 of the Housing (Scotland) Act 1988.
Properties are let for a maximum of 4 weeks. Lettings commence at 3pm on the first day of the tenancy and end at 10am on the departure date unless otherwise agreed. The tenancy period cannot be extended without the Owner's permission. Tenants will be liable for any cost whatsoever incurred as a result of an unauthorised extension.
9. Linen
The Owner will provide all bed linen and towels. Linen is changed between tenancies. Tenants should always bring their own beach towels.
10. Water, Gas and Electricity
The costs of water, gas and electricity are include in the rental price.
11. Pets
Pets are not accepted at Oakbank. Registered guide and support dogs belonging to those with visual and hearing impairments are allowed at Oakbank. Customers with allergies should be aware that the Owner cannot guarantee that a registered guide and/or support dog has not stayed at Oakbank, nor can the Owner accept any liability for any suffering which may occur as a result of such animals having been present.
12. The Tenants' Obligations
a. To pay for any losses or damage to the property caused by the Tenants or a member of their party (reasonable wear and tear excluded) unless such loss or damage can be made good under any householder's insurance policy held by the Owners. b. To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. No cleaning service is provided during the tenancy unless specifically stated but this can sometimes be arranged. A refundable damage deposit may sometimes be required. c. To allow the Owners reasonable access to the property. d. To not exceed the total number of people as stipulated in the description of the property, and not to transfer possession of the property or share it except with members of the party as shown on the Booking Form. e. To notify the Owner prior to the commencement of the tenancy of any changes to party numbers. f. To not cause undue noise or disruption or become a nuisance to occupants of any adjoining premises. g. The cot may only be occupied by a child of 24 months or less.
13. Cancellations
All cancellations must be notified to the Owner before the holiday commences, ideally by e-mail (welcome@edzelloakbank.co.uk) or telephone (00447920104708) but in any case in writing within 7 days of the event that gives rise to the cancellation. While every effort will be made to re-let a cancellation, it is important to remember that if a substitute tenant cannot be found, the client remains responsible for the period of the reserved tenancy.
Number of days before arrival
date that notification of
cancellation is received Cancellation charge
More than 56 days Full Deposit
29 – 56 days 50% of cost
15 – 28 days 75% of cost
1 - 14 days 90% of cost
The cancellation policy promises that full payment, less an administration fee of £25, will be refunded in the event of death, injury, illness (see note 1 below) or summons for jury service of any member of the party or close relative or business associate of the Clients which, in the Owner's opinion, reasonably prevents the Clients from fulfilling the booking. Close relatives comprise husband, wife and their children, long-term partner (being a proven relationship for at least two years), father, mother, father-in-law, mother-in-law, brother and sister.
Written confirmation of the cancellation must be supported by documentary proof of the reason for cancellation and, in the case of illness or death, be signed by a qualified medical doctor. When claims under the cancellation policy are accepted by the Owner, no further payment will be due for the holiday and all previous payments, less the administration charge of £25, will be refunded in full.
Note 1 Illness - The following are NOT covered by the cancellation policy: pregnancy or related illness, epidemic or pandemic. Any medical condition or illness diagnosed or known about before, or at the time of, booking. Any self-inflicted illness or injury. Any illness or injury which, in the opinion of the Owner, is not serious enough to prevent the person taking the holiday.
Please note the above cancellation policy does NOT cover any event where our obligations are prevented or affected by reason of Force Majeure. Please refer to section 19.
14. Complaints
All complaints must first be referred to the Owner/Housekeeper during the tenancy to allow remedial action to be taken. In no circumstances can compensation be made for complaints raised only after the tenancy has ended should the tenant fail to advise the owner/caretaker during his/her tenancy.
15. Non-availability of Property
If for any reason beyond the Owner's control the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting, clients will receive a full refund of all rents and charges already paid. Please also refer to section 19.
16. Liability
The Owner accepts no liability for any act, neglect or default on the part of any other person not employed by them or under their control, nor for any accident, damage, loss, injury, expense or inconvenience to either person or property which the Tenants, or any other person, may suffer or incur arising from, or in any way connected with, the Tenancy. The Owners accept no liability for loss or damage to the Tenants' possessions on the Owners' land or property. Please also refer to section 19.
17. Breach of Contract
If Tenants breach any of the above terms and conditions the Owners reserve the right to re-enter the property and terminate the tenancy, without prejudice to the other rights and remedies of the owners.
18. Validity Clause
If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
19. Force Majeure
The owner and the agent do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of Force Majeure. Force Majeure means any event which we or the owner providing the service could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
20. Brochure/Web Descriptions
While every effort is made to make brochure and web site descriptions as accurate as possible, some of the information contained relates to factors which are beyond the control of the Owner, such as shops, public houses etc. Details of such establishments may change without the Owner's knowledge and cannot be absolutely relied upon.
21. Discrepancies
This web site and these Booking Conditions replace and supersede all previous web sites and booking conditions, and in the case of any discrepancy between these booking conditions and the contents of any brochures/web site, these conditions shall prevail.
22. Governing Law and Jurisdiction
The contract is deemed to have been made at Oakbank, High Street, Edzell. The validity, construction and performance of this Agreement shall be governed by Scots' Law. The Clients and the Tenants submit to the exclusive jurisdiction of the Scottish courts.
 
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