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 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).
14. 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.
15. Only house shoes are to be worn beyond the boot room.
Dogs
16. Working dogs are permitted on the premises; however, they must be housed in the designated
kennels (provided at The Lodge and McLeods Cottage) at all times. Domestic dogs are
allowed within the property, provided they are strictly excluded from all bedrooms and are not
permitted on any soft furnishings.
Sporting activities
17. 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
18. 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
19. 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,
drought, 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 or paragraph 17,
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
20. 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
21. 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
22. 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
23. 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
24. 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
25. 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.