Terms and Conditions
Clarsach, Big Sand, Gairloch, IV21 2DD
Within these Terms and Conditions, “the Client” means the person(s) arranging the booking. However, the terms and conditions are applicable to all persons residing in the premises with the Client. “The Owner” means the proprietors of Clarsach, Big Sand, Gairloch and “the Property” means the particular property in respect of which the booking is made.
1. Booking contract
1.1 The Client (the person signing the booking form as party leader) agrees to enter into a contract with the Owner on the following terms and conditions. The Client must be aged 18 years or over when the booking is made and is a member of the party intending to occupy the property. The Client agrees to take responsibility for the party occupying the property.
1.2 The contract commences when the Owner has issued the written booking confirmation. The Owner reserves the right to refuse any booking. If the Owner does not accept a booking, then all monies paid will be refunded immediately.
1.3 The Owner will use their discretion whether to allow bookings from groups of single persons under the age of 21 and all male or all female parties.
2. Booking process
2.1 Bookings can be made through www.clarsachcottage.com and other various Online Travel Agencies (OTAs).
2.2 There will be a booking deposit of 50% and this must be paid at the time of booking. For payment methods please see 3.2 below.
2.3 Bookings taken within six weeks of arrival at the Property must be paid in full at the time of booking.
2.4 Once the Owner has received the Client’s booking and the appropriate payments, they will issue a written confirmation. The Client must contact the Owner immediately if any information which appears on the confirmation is incorrect or incomplete.
2.5 The balance of the rental cost must be paid six weeks prior to the Client’s arrival at the Property failing which the Owner reserves the right to treat the booking as cancelled.
3. Prices and payment
3.1 The Owner’s quoted prices are for accommodation only. All prices include (where applicable) VAT, cleaning on departure, bed linen and towels, electricity, water, fire wood, and local taxes. Please note that cot linen is not included.
3.2 Payment may be made by Mastercard or Visa.
4. Security Deposit, damages to property, fixtures, fittings and belongings
4.1 The Owner requires card details to be held in the system for the duration of the Client’s stay for the security deposit which is set at £800. This is not charged but the Owner will charge the Client’s card in the event of damage to the property or its contents, or additional/specialized cleaning. The card details will be deleted automatically from the Owner’s system 7 days after the Client’s departure if no issues are reported. Please note, the Owner will automatically save the card details used for the balance payment.
4.2 Should there be any damages, breakages or any additional / specialised cleaning required to the property, its contents or grounds or replacement of lost or non-returned keys (and replacement locks if necessary) then the Owner reserves the right to charge these costs for renewal, repair or cleaning to the Client.
4.3 The housekeeper, on behalf of the owner, will inspect the Property after the Client’s departure and the Owner will notify the Client of any damage, breakages or cleaning noted other than those matters already reported to the Owner in accordance with clause 5.3 below or otherwise.
5. The Client’s responsibilities
5.1 The Client must arrive and depart within the check-in and check-out times stipulated for the Property, unless special arrangements have been agreed in advance. Arrival time is 17:30 and departure time is 11:30 – this is to permit the cleaners sufficient time to have the property ready. If the Client does not vacate by 11:30 on the day of departure then the Owner may charge the Client a minimum charge of £250 together with any ongoing costs, losses or expenses arising directly or indirectly as the case may be from failure to vacate including without limitation the loss of any booking of the property due to commence at the end of the Client’s stay at the property.
5.2 The Client must keep the Property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the commencement of the holiday and in the same state of cleanliness and general order in which they were found. The Owner reserves the right to charge the Client for any additional cleaning required over the usual number of hours committed to departure cleaning. Mattresses are checked after every booking.
5.3 The Client must promptly report to the Owner any breakages or damage and the Client will be responsible for payment of any breakages, loss or damage to the Property and/or its contents caused by the Client.
5.4 The Client is responsible for the correct and decent behaviour of their party. Should any member of their party abuse the Property or display dangerous, offensive or rude behaviour to our representatives or any third parties (e.g. neighbours) the Owner reserves the right to require the person(s) concerned to leave the Property.
5.5 The Client is responsible for their party maintaining acceptable levels of noise at the Property and within the grounds and vicinity of the property particularly between the hours of 10.00pm and 8.00am. In the event of any breach of this responsibility, the Owner reserves the right to ask the Client and their party to vacate the Property and the contract will terminate immediately without refund or compensation.
5.6 The Client must not exceed the maximum number of people stated in the Property details to reside at the Property nor sublet the Property nor allow anyone to stay at the Property who is not included on the booking form. Please inform the Owner of any changes to your party.
5.7 The Client must not undertake any illegal activities or cause a nuisance to neighbouring properties. There are to be strictly no bonfires, fireworks or Chinese lanterns.
5.8 The Property is strictly non-smoking.
5.9 If the Client intends to organise a function (e.g. party or wedding) at the Property, they must seek prior permission from the Owner. Additional charges and/or an increased security deposit may be sought at the Owner’s discretion. Hen and stag parties are strictly prohibited.
5.10 The Client is responsible for each party member’s travel and health documentation (passports, driving licences, green card, motor insurance etc).
5.11 In the event of the Client breaching the responsibilities set out above, the Owner reserves the right to ask the Client and their party to vacate the Property and the contract will terminate immediately without refund or compensation save that the Client will remain liable for any costs or damages incurred by the Owner as a result of the Client breaching these Booking Terms and Conditions and the Owner reserves the right to deduct such costs and damages from the security deposit.
5.12 There is a fireguard provided for use around the wood burner and the Client must use their judgement as to its use with young children in the property when the fire is on. The client is fully liable for safe use of the wood burner when children are in the property.
6. The Owner’s liabilities
6.1 The Owner does not accept liability for any loss, damage or injury howsoever caused to the Client (or anyone in their party) or to vehicles or personal property save where personal injury or death is caused by the Owner’s negligence. Any valuables left at the Property are left at the Client’s own risk. It is essential, and the Client’s responsibility, to ensure that all doors, shutters and windows are closed and locked when leaving the Property or when in the grounds. The Owner strongly advises that the Client takes out adequate travel insurance (including liability for accidental damage to the Property, cancellation cover and medical and emergency expenses) prior to the commencement of their stay at the property.
6.2 Children must be supervised at all times and the Client should verify the suitability of children’s equipment (such as highchairs or travel cots) which is provided as the Owner cannot accept liability. There is a fireguard provided for use around the wood burner and the Client must use their judgement as to its use with young children in the property when the fire is on. The client is fully liable for safe use of the wood burner when children are in the property.
6.3 The Owner is not responsible for noise or disturbance originating beyond the boundaries of the Property.
6.4 The Owner does not accept any liability for compensation where performance or prompt performance of our contractual obligations is prevented or affected by reasons outside of our reasonable control, including adverse weather conditions, acts of God, explosion, tempest, fire or accident, war or threat of war, civil disturbances, restrictions and regulations of any kind on the part of the government or local authorities, strikes, lock-outs, or other industrial action or dispute.
6.5 The Owner does not accept responsibility for the failure of public services such as water and electricity, or unforeseen breakdown of domestic and mechanical equipment such as heating and plumbing systems (but will endeavour to arrange prompt repair).
6.6 All bookings and other arrangements made by the Owner on the Client’s behalf with third parties (e.g. catering services and baby- sitting) are subject to the terms and conditions imposed by these third parties. We do not take any commission for notifying you of such companies nor do we act as an agent on their behalf. We cannot accept responsibility for these services.
7. Access to the Property
The Owner, or their representative, has the right to access the Property at any reasonable time during the Client’s stay to carry out essential maintenance. The Owner will endeavour to give reasonable notice to the Client if practicable. Gardeners and maintenance staff may also enter the grounds during the Client’s stay, but the Owner will try as best as possible not to interfere with the Client’s privacy and enjoyment of the Property.
8.1 In the event that a complaint arises whilst the Client is in the property the Client should contact the Owner promptly to allow the Owner an opportunity to rectify the matter. Should the problem not be resolved to the Client’s reasonable satisfaction during their holiday, they should put any comments in writing within seven days of their return.
8.2 The Owner cannot accept complaints unless this procedure is followed. Complaints received after the Client’s holiday will not be accepted if the Owner has not had prior notification of them and been given the opportunity to put matters right.
9. Alterations or cancellation by the Client
9.1 If the Client requests any changes to their booking, the Owner will endeavour to comply but cannot guarantee to be able to do so.
9.2 Any monies paid by the Client are non-refundable if alterations and cancellation are requested by the Client and the Owner cannot re-let the dates cancelled by the Client. An administration charge of £30 will be incurred by the Client, along with any costs incurred in re-advertising the dates.
9.3 Non-payment of the balance, due to be paid for the holiday 6 weeks prior to the Client’s stay, will be treated as their cancellation of the booking.
10. Alterations or cancellation by the Owner
10.1 In the interest of continual improvement the Owner reserves the right to make minor modifications to furniture, amenities and facilities without any prior notice.
10.2 In the unlikely event that the Property is not available on the date booked (owing for instance to essential major repairs, flood or fire damage), a refund of all monies paid by the Client to the Owner will be made.
10.3 The Owner reserves the right to amend prices due to errors or omissions. The Client will be notified immediately and have the right to cancel the booking if the amended price is significantly higher than the original price quoted, and the Owner will refund all payments the Client has made in respect of the booking.
10.4 The Owner reserves the right to refuse any booking.
11.1 A maximum of two dogs are permitted and incur a charge of £35 each per stay. Dogs must be included on the booking form at the time of booking or added before arrival and you must inform us of any amendments.
11.2 Dogs must not be left alone in the Property at any time and the Client must not allow dogs in the bedrooms or on furniture within the Property. The Client should remove all traces inside and outside the Property of pet occupation before final departure. Dogs must be free from fleas or parasites. Fleas or parasites found in the property after occupation of a client’s dog(s) will result in the Client being charged a fee for fumigation of the property which will be deducted from their security deposit. The Client is liable for all damage caused by their pet whilst staying at the Property and this includes any additional cleaning.
11.3 The Owner cannot be held responsible for the safety of your pet whilst staying at the Property.
11.4 As the property is adjacent to fields and steadings where livestock is present, please note that any pets must be kept completely under control and any instances of livestock being worried or attacked will be reported to the owner of the livestock and the police.
11.5 Pets other than dogs are not permitted in the Property.
11.6 The Owner reserves the right to levy an additional charge for any extra cleaning required (above the usual number of hours committed to departure cleaning) after your occupancy with your pet.
12. Website and communications accuracy
The contents of the Owner’s website has been prepared in good faith. The Owner will inform the Client of any significant changes at the time of booking or as soon after as possible if the Client has already booked, but shall not be liable for any minor or insignificant inaccuracy in descriptions and information. The Owner does not accept responsibility for any changes or closures to local amenities or attractions mentioned on their website or in other communications.
13.1 The Owner makes it their highest priority to ensure that the Client’s personal information provided to them is secure and confidential. The Owner will not sell the Client’s personal information to third parties. The Owner will only disclose any personal information when required to do so by any lawful authority or as required by law.
13.2 The Owner may use the Client’s data in the future to update them on the Owner’s products. The Client must let the Owner know if they would like their personal details to be removed from the Owner’s database after their holiday.
14. The Tenancy Agreement
14.1 The Client has the right to occupy the property for a holiday within the meaning of Schedule 4 paragraph 8 of the Housing (Scotland) Act 1988.
14.2 The Property can be let for a maximum of 4 weeks.
15. Covid 19
15.1 If the Client or any person in their party suspects they have contracted Covid 19 while on holiday in the property, then they must inform the Owner immediately and adhere to the current Government guidance regarding what actions to take if you display symptoms of Covid-19.
15.2 If the booking is cancelled because of Covid 19 government travel restrictions a full refund will be given to the Client (less £30 admin fee) or the stay can be postponed to alternative dates available at the time of cancellation for this reason. The Owner is not liable for any other losses, such as travel costs.
16.1 The Owner holds valid Insurance for the Property. The Owner represents and warrants that to the best of their knowledge, there does not exist anywhere on the property a latent of hidden defect, not readily apparent to the ordinary or reasonable occupant, which could constitute a danger of personal injury.
16.2 The Owner agrees that should an occupant of the property suffer personal injury due to a latent or hidden defect in the property, any insurance proceeds that may be received pursuant to a contract of insurance may be used and applied to compensate the occupant under this contract.
17.1 These terms and conditions do not create and shall not be deemed to create any partnership between the parties and neither party shall have the right to or hold itself out as having the right to bind the other.
17.3 The validity, construction and performance of this Contract shall be governed by Scots’ Law. The Owner and the Client submit to the exclusive jurisdiction of the Scottish courts.