DELNABO ESTATE LTD
TOMINTOUL, BALLINDALLOCH, BANFFSHIRE AB37 9HT
Terms and conditions for accommodation
General
1. These terms and conditions govern the legal relationship between Delnabo Estate Limited (“we”, “us” or “our”) and each guest (“you” or “your”) who books accommodation at the Lodge or one of the Cottages on Delnabo Estate (“Accommodation”). By making this booking (a “Booking”), you agree to comply with and be bound by these terms and conditions.
Bookings and payments
2. The Accommodation will be provisionally reserved for dates of your stay when these have been agreed by us with you by telephone, email or otherwise. In order to confirm your Booking, please pay the booking deposit (50% of the full amount) within 7 days of the provisional booking being taken. Until a Booking is confirmed, it may be cancelled at any time without prior notice.
3. The balance of the rental must be received by us in full no later than six weeks before the start of your stay. If your Booking is made eight weeks or less before the start of your stay, the full amount of the rental must be paid at the time of confirming the Booking.
4. If you fail to pay all amounts due in full on the due dates, we may treat your Booking as cancelled by you, in which case our cancellation policy set out in paragraph 6 below (“Cancellation Policy”) will apply. Please carefully note the due dates as reminders are not routinely sent. All payments due by you will be made in pounds sterling in cleared funds without any deduction or withholding.
5. If you wish to amend your Booking, you must email or write to us with your request as soon as possible. No amendment will take effect until accepted and confirmed by us.
Cancellation Policy
6. If you cancel a confirmed Booking for any reason, you remain liable for payment of the balance of the rental if not already paid. You are strongly advised to insure against cancellation risk. You will forfeit the amounts paid for the Accommodation unless you introduce a substitute person satisfactory to us who makes a confirmed booking on the same terms or we are able to re-let the Accommodation for the same period. If we are able to re-let only at a lower rental or not at all (eg because of short notice), we may apply the above amounts in paying our shortfall and then return any surplus to you. No cancellation by you shall take effect until confirmed in writing and received by us.
Your arrival and departure
7. Our check-in time is after 4pm and our check-out time is before 10am. If you expect to be late arriving at the Accommodation on the check-in date, you must give reasonable notice to us so that alternative arrangements can be made. If you fail to arrive by mid-day on the day after the check-in date without informing us of your expected late arrival time, we may treat your Booking as cancelled by you, in which case we may retain all amounts paid.
8. If you fail to leave the Accommodation at the check-out time without our prior consent, you no longer have our permission to stay there. We may charge you, for each 24 hours you overstay without our consent, an additional nightly fee of twice the average nightly accommodation rental originally payable by you, together with all expenses incurred by us including (if the need arises) enforcing our legal rights to possession.
Good housekeeping deposit
9. The good housekeeping deposit required in the booking form must be paid to us by you in full no later than six weeks before the start of your stay. If your Booking is made eight weeks or less before the start of your stay, the good housekeeping deposit must be paid at the time of confirming the Booking.
10. If you fail to pay the good housekeeping deposit due to us in full on the due date, we may treat your Booking as cancelled by you, in which case our cancellation policy set out in the Delnabo Estate accommodation terms and conditions will apply. If the good housekeeping deposit is paid by you but your Booking is subsequently cancelled for any other reason, the good housekeeping deposit will be refundable to you (subject only to clause 11 below).
Care of the Accommodation
11. You will leave the Accommodation and its contents clean and tidy and in the same condition in which they were on your arrival. In the event of any breakages or damage occurring during your stay (please report to us) or any need for extra cleaning, we may deduct the cost of replacement, repair or extra cleaning from the good housekeeping deposit paid by you, subject to providing photographs or other evidence if requested. To the extent that the deposit is not sufficient for this purpose, you will pay the balance to us promptly when requested by us. If no deductions are required from the deposit, we will return it to you within 10 days of the end of your stay.
12. You will use the Accommodation only as a private holiday residence and not alter it or remove its contents. You will not use any flammable materials, fireworks or candles in or surrounding the Accommodation. You will keep the Accommodation secure during the period of your Booking and return all sets of keys to us on your departure.
13. You will provide us in advance with the name of each member of your party and may not permit additional people to stay at the Accommodation without our prior written consent. If this happens, we may ask all or any of your party to leave and you will ensure that they do so promptly. You will not be entitled to a refund in these circumstances.
14. You will ensure that each member of your party who is a visitor from overseas is covered by health insurance (including repatriation for medical reasons) and travel insurance (including holiday cancellation and flight delays).
15. You will ensure that each member of your party observes the foregoing provisions of paragraphs 11 to 13 inclusive and any special terms and conditions or manual which applies to the Accommodation.
16. Only house shoes are to be worn beyond the boot room.
Working dogs
17. Working dogs are permitted but must be kept in the kennels provided. They may be allowed in the boot room to dry off but are not permitted in any other part of the Accommodation.
Sporting activities
18. If you have also booked fishing, game shooting or deer stalking on Delnabo Estate, our relevant terms and conditions for those activities shall also apply.
Restriction on transfer
19. You may not transfer your Booking (or sublet any rights under the contract arising from it) to any person without our prior written consent.
Events beyond our control
20. We shall not be liable for any failure or delay in performing our obligations to you arising from any circumstances beyond our reasonable control, including, without limitation, flood, fire, explosion, power cuts, heavy snow, road closure or accident. If we need to amend or cancel your confirmed Booking, we will endeavour to offer you alternative accommodation or, if that is not possible, arrange a refund of any amounts already paid by you for the Accommodation. However, if your Booking is cancelled under this paragraph 17 or paragraph 18 below, we will not be liable to you for any amounts that you may have paid to third parties in connection with your holiday, including (without limitation) travel, entertainment, activity or insurance costs.
Suitability of Guests
21. We reserve the right to decline to hand over the Accommodation if we have justifiable grounds to believe that any member of your party is not suitable to occupy the Accommodation. If a confirmed Booking is cancelled for this reason, we will promptly refund the amounts paid by you.
Holiday letting
22. The contract between you and us arising from your Booking confers a right on you to occupy the Accommodation for a holiday only and is not an assured tenancy under the Housing (Scotland) Act 1988.
VAT
23. Unless otherwise stated, all sums specified in the booking form are inclusive of VAT. If any sum is stated exclusive of VAT, it will be added at the rate applicable at the time of invoice.
Complaints
24. Every reasonable effort will be made to ensure that you have an enjoyable holiday. If a problem arises, it is essential that you contact us immediately. Unless we are notified, it may be difficult for us to take prompt remedial action. If a complaint cannot be resolved during your stay, you must email or write to us with full details within 28 days of the end of your stay.
Exclusion
25. We will take reasonable care in performing our services to you but we will not be liable for any personal injury or death suffered by you or other members of your party in consequence of any act or incident that may occur during your stay (except in the event of our own negligence). You are strongly advised to insure against risk of accident or ill-health.
Governing law and jurisdiction
26. The contract between you and us (including any non-contractual obligations) arising by virtue of your Booking shall be governed by and construed in accordance with Scottish law. The Scottish courts shall have exclusive jurisdiction to decide any dispute between you and us but, if you are a consumer living in England and Wales or Northern Ireland, then you may bring a claim in that jurisdiction.