Terms & Conditions

ORKNEY HOLIDAY LETS HOLIDAY LETTING AGREEMENT
 
Terms and Conditions
 
Rental Payment:
In order to confirm the booking, 25% of the full payment must be paid immediately.
If we do not receive your deposit payment within 7 working days of your verbal or email confirmation, then we will release your reservation and will not be able to guarantee that the property will subsequently be available.
The booking is only confirmed once the funds have cleared.
 
We must receive the full balance of the rental fee 4 weeks prior to the booking arrival date.
If payment is not received by us in full by the date given in our confirmation letter then we reserve the right to treat the booking as cancelled.
In this case, cancellation charges as set out below will apply.
 
Bookings received 4 weeks or less before the booking arrival date must be paid in full.
 
Although we would not anticipate any costing errors on the confirmation invoice, should there be an obviously incorrect price shown, then we will issue a new invoice and will not be bound by the price shown on the incorrect invoice.

 
Cancellations – by you (lead guest)
You may cancel your booking at any time. Cancellation must be communicated to us in writing and takes effect from the date received by us.
Your deposit is NOT refundable.
In the event of cancellation, the following additional charges apply: Less than 4 weeks prior to arrival date – 100% of remaining balance.
We advise that you arrange for travel insurance on booking accommodation and travel in order to cover yourself for unforeseen circumstances.
 
Cancellations – by us
It is extremely unlikely that we will have to make any changes to the agreed rental of ‘Orkney Holiday Lets properties’.
However, occasionally we may have to make changes and reserve the right to do so at any time.
Most of these changes would be minor and we will advise you of them as soon as they may be applicable.
If we are forced to cancel the property because of force majeure or for any reason that makes the property unfit for rental, you will receive a full refund of all monies paid to us.
Please note that we are not liable for any consequential loss or incidental expenditure resulting from the cancellation of your holiday.
 
 
Summary:
􀁸 a 25% booking deposit or full payment must be paid immediately
􀁸 the full balance to be paid 4 weeks prior to arrival
 
 
 
The Keys
Once payment has been received you will be advised of the key box code and directions on the run up to you stay (3 days prior to check in). 
Please ensure you leave the keys in the lock box upon departure and leave the keys in the lock box when you are not at the property. This is a precautionary measure to ensure keys are not lost, or if emergency access is needed for any reason (e.g fire, flooding etc.)
Please note, nobody will enter the property during your stay without prior arrangement.
 
Your Contract
A binding contract comes into existence when your booking is confirmed by telephone or by e-mail and in all other cases when we dispatch our confirmation invoice.
 
When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by post or email.
 
This contract is governed by Scottish Law. It is mutually understood and agreed that any dispute, claim or any other matter that arises out of this contract or your holiday will be dealt with by the courts of Scotland.
 
Terms and Conditions
1 General
1.1 In this Agreement any reference to the masculine includes the feminine.
1.2 This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Tenant acknowledges that this Agreement shall not confer on the
Tenant any security of tenure within the terms of that Act.
1.3 Where the Tenant comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.

2 The Property
2.1 The Property is the Property specified above and children must be supervised at all times.

3 The Deposit
3.1 The Tenant must pay the Deposit specified above to the Landlord with the Rent. The Tenant is liable for any major damage.

4 Insurance
4.1 At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord’s fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
4.2 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Landlord for the Property
and the Landlord’s fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
4.3 The Tenant is responsible for their own travel insurance.

5 Quiet Possession
5.1 The Landlord agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.

6 Underletting
6.1 The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.

7 Use of Property
7.1 The Tenant shall use the Property for the purpose of a private holiday residence for a maximum of ‘agreed’ persons only and not for any other purpose whatsoever and the Tenant must not use the Property or any part of it for any improper, immoral or illegal purposes.
7.2 Only the named guests are permitted to use or stay in the property. The maximum number of people must not exceed the normal occupancy of what the property is marketed to accommodate. The owners have a right at all times to refuse access to the property for people who are not members of the party.
7.3 The accommodations must be left clean on departure.

8 Advertisements
8.1 The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.

9 Nuisance
9.1 The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.

10 Damage
10.1 The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.
This includes fixtures and fittings which are closely monitored. If items are damaged or lost by guests, the security deposit will not be refunded.

11 Alterations to Property
11.1 The Tenant shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow others to) remove any of the Landlord’s possessions, from the Property.

12 Maintenance
12.1 The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition and must replace any damaged fixtures, fittings and effects with similar articles of at least equal value, reasonable wear and tear and damage by accidental fire excepted.
12.2 The Tenant must not move any items of furniture from room to room in the property and must replace in its original position any furniture that is moved within rooms.
12.3 The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.

13 Pets
13.1 The Tenant shall not keep or allow pets of any kind at the Property unless special permission has been granted. The tenant shall bare the responsibly of any damage made to the property if any damage is made.

14 Smoking
14.1 The Tenant shall not smoke or permit smoking inside the premises. Smoking is permitted outside only and butts must be picked up.

15 Reporting Disrepair
15.1 The Tenant must report to the Landlord any disrepair or defect in respect of the property or the fixtures and fittings and report any failure of mechanical or electrical appliances.

16 Rights of Access
16.1 The Tenant must allow the Landlord, his agent or contractors access to the property at reasonable hours during the day, to inspect the condition of the property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord’s repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant’s breach of any covenant contained in this Agreement regarding repair, maintenance or decoration.

17 End of the Term
17.1 The Tenant must leave the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term.

18 Safety Regulations
18.1 The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.
18.2 The Landlord shall ensure that all appliances, flues and installation pipe work in the Property are checked regularly.
18.3 The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.

19 Public Indemnity and public Liability
19.1 The Owner does not accept any responsibility or liability for acts of omission of third parties, which may prevent or disrupt a Customers booking.
The booking contract exists between the Owner and the Customer and is limited to the rental of the Property.
he information and descriptions supplied are believed to be accurate and are offered in good faith.
It may be possible that certain facilities or features may not be available on occasions due to circumstances beyond the Owners control for which the Owner accepts no liability.
In addition, no liability can be accepted by the Owner for any injury, loss or damage suffered by the Customer, any member of the Customers party or any visitor to the Property arising out of or in connection with the use of the Property.
Unless resulting from the negligence of the Owner. The Customer must ensure that all children are supervised at all times whilst in and around the accommodations and in particular outside on the children’s play equipment (if applicable)

20 Force Majeure
The landlord will not be liable or accountable for any unforeseen situations or unforeseen circumstances.
This may be such situations as weather conditions, local or national strikes, or anything out of the ordinary.

21 Complaints
Complaints must be reported immediately to the owners of the property or to their representatives thereby giving them the opportunity to rectify the problem during your stay.
If the problem cannot be rectified during your stay, you must write to us within 14 days of departure giving full details of your complaint.
We cannot accept complaints if you have not followed the course of action laid down in this clause.
 
The Landlord hereby agrees to let the Property and the Tenant hereby agrees to take the Property for the Rent and Term in accordance with the conditions stated within this Agreement.