Booking Terms and Conditions

Please read these Booking Terms and Conditions as they are important and govern what is expected of you and us.

We strongly advise you take out comprehensive travel insurance to cover cancellation costs and your stay in the Property. If you choose not to then you accept responsibility for any loss that you may incur.

1. General

These terms and conditions (‘Terms and Conditions’) form a contract between Bideaways Limited, company number SC6256171, having its registered Office and address for correspondence at 1 Lade Court, Linlithgow, EH49 7QF (the ‘Owner’), the person making the booking (the ‘Lead Guest’) and all adult members of the party (the ‘Party’) for the let of any of the Owner’s properties (the ‘Property’ or ‘Properties’). Please see website for further details of Properties. The contract between the parties is subject to these Terms and Conditions and to agreements in writing once specifically agreed by the parties. Receipt of written correspondence, in the form of email, fax, letter or similar, does not constitute specific agreement. By making a booking and/or staying in one of the Properties the lead Guest, other members of the Party and visitors agree to abide by these terms and conditions (the ‘Booking’). The Lead Guest is responsible for ensuring all members of the Party and visitors to the Property are given sight of the Terms and Conditions.

2. Occupation

2.1. We permit you to occupy the property as a holiday let for the agreed period only (the “Let Period”) and always subject to these Terms and Conditions. Only parties named in the Booking may stay in or visit the Property. The maximum number of guests for each property is listed within the property description and must not be exceeded. Guest numbers are checked/monitored for each property. The actions and omissions of any member of the Party or visitor to any Property are the responsibility of the Lead Guest and the members of the Party.

2.2 The Lead Guest must be 18 years or over at the time of making the Booking.

2.3. The Owner reserves the right to refuse to accept any Booking for any reason.

2.4 The booking is only accepted as a confirmed Booking when the Owner issues our Booking Confirmation email (‘Confirmed Booking’).

2.5. The Party may arrive at the Property after the check in time and date stated in the Booking Confirmation and must leave by the check out time. If the Party fails to arrive by 12 noon on the day after the start date and do not advise the Owner of a late arrival the Owner may treat the booking as being cancelled. In that case the Property may be re-let and no refund will be given.

2.6. If a Party wish to increase the length of the Let Period please advise the Owner who may be able to accommodate such a request, always subject to these Terms and Conditions and availability of accommodation.

2.7. The number of people permitted to occupy each property is confirmed at the Booking Confirmation. If this number is exceeded the Owner reserves the right to:

1. move excess occupants and charge for additional apartments; or

2. require the excess occupants to immediately vacate the property; or 3. require all of the Members of the Party to vacate the Property immediately. In terms of all of the above there will be no refund, damages nor losses paid to the members of the Party, the Lead Guest nor any other Party by the Owner.

3. Paying for the accommodation

The following terms apply to payment:

3.1. To secure a booking a deposit of 50%, or such other percentage or sum as is agreed between the parties in writing, must be paid into an account designated by the Owner (‘Designated Account’) at the time of booking (the ‘Deposit’). The cost of the Booking is per stay for the Property. The booking is not complete until the Deposit is paid in full in cleared funds. At that point a Booking Confirmation will be issued. The card paying the Deposit must be in the name of the Lead Guest unless payment from another member of the Party or another third party is accepted by the Owner. If a third party is making payment (‘Third Party Payer’), the Third Party Payer will also be bound by the Terms and Conditions and these should be provided to that Third Party Payer by the Lead Guest. The Lead Guest or Third Party Payer authorise the Owner to take payment from the credit or debit card which the Lead Guest or Third Party Payer provided on the booking form or otherwise made payment with, and the remaining 50% must be received by the Owner in cleared funds at least 30 days before the arrival date. If the booking is made within 30 days of the arrival date, payment in full is required at the time of booking. Please also see clause 6.2 below concerning pre- authorisations. All prices for the Let are inclusive of booking fees and charges unless stated otherwise.

3.2. If payment is being made by bank transfer, please ensure that the full deposit or payment amount in ‘UK pounds Sterling’ is received into the designated account. This can be done by instructing the paying bank or financial institution that ‘all charges’ are accepted and do not request to ‘share’ the transfer charges with the beneficiary.’

3.3. Should payment of the full amount not reach the designated account at least 30 days before the arrival date the Owner reserves the right to cancel the Booking at which point any deposit paid will be forfeited.

4. Cleaning / House Rules / Smoking / Departure

4.1. The accommodation must be kept clean and tidy during the Let Period and left in a clean and tidy condition. Before leaving dishes should be washed or if there is a dishwasher it should be loaded. All rubbish must be removed from the property and disposed of using bin bags/ recycling containers provided. Non compliance with rubbish/recycling policy will incur a fee (£20). If additional cleaning is required on departure, which is at the sole discretion of the Owner, the cost of this cleaning will be charged to the Lead Guest. An administration fee may also be charged.

4.2. No housekeeping service is provided. The use of linens and bath towels are included in the let of the Property. Any items missing at the end of the Let Period will be charged to the Lead Guest. No fixtures, fittings nor property, including but not limited to towels, linens and moveables, within the Properties is to be removed.

4.3. All members of the Party and visitors must respect the privacy and quiet enjoyment of neighbours at all times. The property may be fitted with a noise decibel level monitoring device. Please refer to the property description for confirmation of the presence of a noise level monitoring device. We reserve the right to cancel a booking with immediate effect if members of the Party or visitors cause a disturbance to other neighbours or the Owner, breach this, or any other terms, of the Terms and Conditions.

4.4. Where TV cable/satellite is provided members of the Party or visitors must not add additional packages. Additions to the Sky account or the uploading of SKY GO to devices are notified immediately and if any packages are added, whether intentionally or by accident, the full cost of additional packages (including subscription), the cancellation fee plus an administration fee of £50 will be payable by the Lead Guest.

4.5. Nothing should be hung on the outside of the property.

4.6. No noxious or damaging substances should be put into the sinks, baths or lavatory cisterns or waste or soil pipes in the property or allow them to overflow, and members of the Party or visitors will immediately report any such blockage or other such issue to the Owner.

4.7. Access doors to and windows in the property shall be closed and locked whenever the Property is left vacant.

4.8. Care will be taken with Properties with balconies, particularly if the Party includes young children or minors.

4.9. Members of the Party or visitors will take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on as appropriate.

4.10. The Owner will be notified by a member of the Party or visitor as soon as they become aware of any plumbing, electrical or general problem, any damage to the property or its contents, and shall desist from attempting to remedy such problem on their own.

4.11. All equipment provided at the Property must be used in accordance with its operating instructions and not for any purpose other than its intended use. Strictly no additional services are to be added to cable TV where provided and/or transferred to personal devices. Any additions will be charged to the Lead Guest plus a £50 administration fee.

4.12. No ball games should be played inside or within the grounds of any of the Properties.

4.13. Any provided cleaning products, liquids, tablets etc. strictly in accordance with their usage instructions and ensure that such products are kept out of reach of children. The Owner accepts no liability for misuse of products supplied.

4.14. No portable cooking appliances, camping stoves or similar shall be used in any of the Properties.

4.15. No firearms will be stored nor used in or in the vicinity of the Properties

4.16. No hazardous objects should be kept in any of the Properties.

4.17. On check out, keys must be posted through the Property’s letter box. The members of the Party do not need to contact the Owner when they leave though it is appreciated if they let the Owner know if they leave earlier than the check-out time stated or otherwise agreed.

4.18. No smoking or vaping is permitted in any Property nor in doorways near to or any surrounding area of the Property. All smoking or vaping must take place a reasonable distance away from the property and property entrance. Cigarettes, cigars, matches etc must be disposed of properly and not in any adjoining nor outside areas. There are specific areas for each Property for cigarette disposal which is clear from the guest information in each Property.

5. Loss and Damage / Security Deposit

5.1. The members of the Party should ensure that they inspect the Property on check-in. Unless the Owner receives notification of any issues within twelve hours of check-in the Owner is entitled to presume the members of the Party accept the condition of the Apartment.

5.2. Risk of damage to the Property and its contents passes to the members of the Party on check-in and remains with the Party until check out. The Lead Guest is liable for all loss and/or damage (except fair wear and tear) caused during the Let Period, and for any cost of repair, replacement and/or loss of rental to the Owner resulting therefrom. An administration fee may also be charged by the Owner, at the Owner’s sole discretion.

5.3. A security deposit may be taken at the Owner’s discretion at or prior to check-in (the ‘Security Deposit’). The Lead Guest or Third Party Payer authorise the Owner to deduct any Security Deposit from the debit or credit card used to make the Booking. Any balance of the Security Deposit remaining will be returned to the Lead Guest or Third Party Payer (or any payment authorisation cancelled), always subject to deduction of any costs, loss, damage and/or administration fee from the Security Deposit after the Property has been inspected by the Owner at the end of the Let Period, that being after the members of the Party have checked out. Where there is a loss or damage under this clause or any other part of the Terms and Conditions, the Owner may withhold some or all of the deposit to cover these sums. Where there is a loss or damage under this clause or any other part of the Terms and Conditions which exceeds the Security Deposit, the Owner will deduct these further sums from the card provided by the Lead Party or Third Party Payer. If that payment is not processed, for whatever reason, the Lead Guest will be personally liable for any such sums.

5.4. Where there is evidence of smoking within the apartment during the Let Period, the Owner reserves the right to charge, at its sole discretion, the cost for specialist cleaning of the Property. An administration fee may also be charged by the Owner.

5.5. If any sums due and payable in terms of the Terms and Conditions remain unpaid for more than 14 days, the Owner reserves the right to refer the debt to a recovery agent or solicitor and the Lead Guest will be personally liable for all costs, fees (including but not limited to legal fees, which will be the total sum of all fees, vat and outlays incurred by the Owner and will not be restricted to those awarded by any court or other forum) and other outlays payable, or paid, by the Owner.

6. Changes to the Booking by the Owner

6.1. In the event the Owner requires to cancel or make a change to the Confirmed Booking the Owner will contact the Lead Guest as soon as reasonably practicable to confirm the changes. If possible, the Owner will offer an alternative Property and/or Let Period. Should these alternatives be unacceptable the Booking will be treated as cancelled and the Owner will refund any sums paid to the payer, under deduction only of any additional or special requests made to the Owner which resulted in the Owner incurring additional cost. No compensation, losses nor damages will be paid to the Lead Guest nor any members of the Party in respect of any loss arising as a result of the cancelled Booking, including but not limited to indirect or consequential loss, loss of, or increased cost of, other travel, accommodation, deposits, additional costs or inconvenience.

7. Other changes to the Booking

7.1. Should the dates of the Confirmed Booking be changed more than 90 days before the Let Period, the Owner may amend the Booking (the ‘Amended Booking’) but in the event the Owner does so, the Owner reserves the right to charge an administration fee. If the new dates and/or Property are charged at a rate which is more than the rate in the Confirmed Booking the Lead Guest will be responsible for any additional sums due in terms of the Amended Booking. In the event the Amended Booking rates result in the sum payable being less than the sum paid in respect of the Confirmed Booking, a refund (less administration fee) will be given.

7.2. Should the Confirmed Booking be cancelled more than 60 days in advance of the start of the Let Period, a cancellation fee will be charged to cover the cost of administration. Deposits are non-refundable.

7.3. Should the Confirmed Booking be cancelled less than 60 days in advance of the start of the Let Period, no refund will be given. If the balance of the payment has not been paid, it will be due and payable. The Owner may withhold some or all of any Security Deposit taken to cover these sums. If there is no Security Deposit or the sums exceeds the Security Deposit, the Owner will deduct these further sums from the card provided by the Lead Party or Third Party Payer. If that payment is not processed, for whatever reason, the Lead Guest will be personally liable for any such sums.

7.4. The Party should arrange travel insurance.

8. Liability and Limitation of Liability

8.1. The Owner shall not be liable for any loss of, or negative impact on, without limitation: profit, goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss negligence, or breach of statutory duty. In any case the Owner’s total liability to you is limited to the total cost of your reservation.

8.2. The Owner is not liable for any death of or personal injury to the Lead Guest, any members of the Party or visitor unless this results from an act or omission on the part of the Owner.

8.3. Any member of the Party or visitor using their own electrical appliances (including but not limited to hairdryers, curlers, tongs, shavers, laptops, phones, games consoles) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/ transformer are a serious fire risk. Members of the Party or visitors must ensure that all heated appliances are switched off and stored safely before leaving Property. Any Members of the Party or visitors found to be in breach of this rule may be asked to leave with immediate effect.

8.4. Members of the Party and visitors must take all necessary steps to safeguard their personal property and the Owner is not liable in respect of any damage to, or loss of, such property.

8.5. Any alleged breach and any loss or damage found to be payable by the Owner to the Lead Guests, members of the Party and/or visitors will not exceed the cost of the Booking.

9. Parking/Electric Car Charging

Where on-site parking is provided, cars and their contents are parked at their owners’ risk. Please ensure that cars are locked and possessions are left out of sight. Electric car (EV) charging from the property electricity outlets is STRICTLY PROHIBITED (Electricity At Work Regulations (1989)). If this STRICT requirement is not adhered to, a £200.00 charge will be applied and guests removed from the property with no refund given.

10. Lost Property

Anything left in the Property after the end of the Let Period of any Confirmed or Extended Booking will be kept for 1 week after departure or forwarded if requested by any member of the Party, at the expense of the member of the Party. Whilst the Owner shall endeavour to reunite lost property with the departed member of the Party, the Owner is not responsible for replacing lost items. The Owner will charge postage and an administration fee (£10) for the return of any such lost items. If items are not returned they will be disposed of at the Owner’s discretion.

11. Disruption

The Owner will not be liable for any failure or interruption to the Let Period, including but not limited to disruptions to the supply of gas, water or electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the Property or in the vicinity of the Property.

12. Description of Properties

All descriptions and photographs of the Properties are for illustration only.

13. Pets and Service Dogs

Service dogs accepted by prior arrangement.

Pets are not accepted in any Property excepting Dunhallin Ard - maximum three pets and subject to the following terms:

* Dogs must always be properly controlled and supervised. The outside area is not completely escape-proof.

* Dogs must not disturb the surrounding countryside and livestock therein.

* Dogs must not be left unattended unless securely crated or kennelled.

* Dogs are not permitted on soft furnishings.

* Dog fouling/mess within the property grounds must be disposed of before departure or extra cleaning costs may be charged.

14. Keys and Access Instructions

14.1. The Owner will provide the members of the Party with the self check in key box code number no later than one hour preceding the start of the Let Period as long as all payments which are due and payable have been paid in cleared funds in full.

14.2. Unless otherwise agreed, the owners will issue the Party with one set of keys to the Property. If at any time these keys are lost, the Party must notify the Owner soon as possible. If a locksmith is required to change the lock/ key the Lead Guest will be responsible for this cost and the Owner will also charge an administration fee (£10). Replacement keys will incur a fee of (£10).

14.3. If a member of the Party or visitor locks themselves out of the Property and requires the Owner’s assistance to access the Property, the Owner reserves the right to charge an administration fee (£40).

14.4.The Owner will retain a set of keys to the property and will have immediate access to the Property, with or without sub contractors and employees, to inspect any emergencies and/or where the Owner believes there is an issue with a members or Members of the Party or their conduct, or in an emergency situation. The Owner will make reasonable efforts to contact members of the Party before entering the Property. The definition of reasonable will be at the sole discretion of the Owner.

14.5. For matters which are not deemed urgent by the Owner, access to the property will be available to the Owner during a Let Period on the Owner giving no less than 24 hours notice, verbally or in writing, of the access needed and the timing of that access.

15. WiFi/Internet Terms and Conditions

15.1 Where wireless broadband is available at a Property, the Owner will not be liable for loss of this service due to connection, environmental or human error and no support service is available. All use of broadband/wifi must be fair and reasonable (which is at the sole discretion of the Owner) and should not be used for any illegal means.

15.2 Members of the Party and visitors use the broadband/wifi at their own risk. The Owner will not be liable for any damage to property or any loss or damage as a result of the said use howsoever incurred.

16. Maintenance Call-Outs

Should a member of the Party or visitor report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the member of the Party or visitor, where usage instructions have been provided, the Owner reserves the right to charge an administration charge and any cost incurred in respect of any such call out.

17. Data Protection

The Owner is required to gather certain personal data about members of the Party and visitors both for operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the General Data Protection Regulation (GDPR). The Owner will not pass such information on to third parties unless required by law to do so.

18. Complaints

All complaints should be notified as soon as possible to the Owner.

19. Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with Scots law and the parties hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts.

20. Severance

If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out. The rest of the agreement shall remain enforceable.

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