Terms & Conditions
Arran Island Cottages
1. THE CONTRACT AND PARTIES
Your Booking will only be confirmed and become a legally binding Contract upon these Terms being agreed by the client and the receipt of a deposit in cleared funds on the price of a holiday at one of our properties.
This Contract relates to a short-term holiday rental, is a legal contract but will not constitute a lease in terms of the Private Housing (Tenancies) (Scotland) Act 2016.
The Parties are either the firm of Strabane Enterprises Ltd. or Sannox Estate (whichever is relevant to the booked property), trading as Arran Island Cottages (referred to as “us”, “we” or “our”) and the person/ client making the booking and all members of the holiday party (referred to as “you” or “your”) in the following Terms and Conditions.
As our properties are located in Scotland, you and we agree that the laws of Scotland will govern our Contract with you (the “Contract”). If any individual term or clause stated in these terms and conditions is held to be invalid, impermissible or unenforceable by law, the remaining terms shall be unaffected and shall remain applicable.
- TERM OF OCCUPANCY – THE HOLIDAY PERIOD
The period from the date when the holiday is booked to commence (Date of Entry) to the day of departure set out in the Booking (Termination Date) is the “Holiday Period”. The booking agreement confers a right to occupy the accommodation for the agreed period only.
- BASIS OF OCCUPANCY
Confirmed bookings are on the basis that the property, together with associated garden ground (the Subjects) is to be used for the purposes of a holiday only (not exceeding 30 days) and that occupancy is as a short-term, self-catering, holiday let, only.
The Contract confers on you, as a holidaymaker, the right to occupy the Subjects on a temporary basis for a holiday only and does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to any private residential tenancy or other tenancy, assured short hold or assured tenancy, lease, licence or other right to occupy, nor shall you obtain any security of tenure at any time.
You shall not sub-let or assign occupancy of the Subjects or any part thereof at any time, although you may bring family or friends onto the Subjects under your responsibility.
The property is not advertised as allergy-free (feathers, pets or otherwise). In the event that you require us to alter furnishings or bedding, then there will be an additional charge for so doing and you are welcome to bring your own.
The Subjects will be available to you from 16h30 on the Date of Entry and you bind and oblige yourself to vacate them, without demand or warning off, together with all those under your responsibility and all of your and their possessions and other items brought onto the Subjects during the term at or prior to 10h00 on the Termination Date.
Failure to do so may result in you being charged additional rental.
The party leader must be at least 18 years of age at the time of booking
We reserve the right to refuse to hand over the accommodation to anyone who, in our opinion, is deemed not suitable to take charge of the property – in any such case all moneys shall be refunded and the Contract terminated without further liability.
5.NUMBER OF PERSONS USING THE PROPERTY
You will ensure that the number of people occupying the Subjects shall not exceed the number that the property is advertised to accommodate, except with our express written permission, in which case we shall be entitled to charge an additional fee . Any persons other than members of your party or your invited guests may use our accommodation or facilities.
Pets are not accepted at our properties due to their recent renovation, also allergies and possible colateral damage; if a pet is found to have been brought into a property the entire security bond will be forfeited, due to the additional cleaning and sanitising that will be required and, in extreme cases visitors may be asked to leave.
We reserve the right to terminate the Contract at any time or to require any person or persons to leave the Subjects due to unreasonable behaviour, failure to abide by the Terms of this Contract (including bringing a pet onto the Subjects), causing damage to property or causing or likely to cause annoyance or offence to other guests or neighbours. In such a case any refund would be entirely at the discretion of Arran Island Properties.
We further reserve the right for ourselves, our agents, employees or tradesmen to enter the Subjects at any reasonable time with reasonable prior notice for the purpose of verifying that the terms and conditions of the holiday let are being complied with or for carrying out reasonable repair or remedial works.
In the event that the we have no alternative to cancelling your booking (eg the booked property is rendered uninhabitable for any reason) we reserve the right to offer an alternative property if such is available. If this is not possible or not accepted, then a full refund will be made to you in full and final settlement.
8. DEPOSIT AND PAYMENT
Your booking (“Booking”) may be placed over the telephone, by email or directly on our online reservation system. Where your Booking is communicated to us by telephone or by email, we will enter it onto our online reservation system, which will automatically generate a summary by email to the email address you provide in the online Booking form. However, that does not mean that your Booking is yet confirmed or that a Contract is yet in force between us and you. This will also depend upon Noth Ayrshire Council granting a license for the property to be used for short term letting. For advice on this, please telephone 01294 310000.
Payment will take the form of an initial deposit to confirm the booking (and commence the Contract) and a further payment of the Balance, not less that 42 days prior to arrival, together with a Security Bond
Our Contract will come into force and your Booking will be confirmed only when we have received payment in cleared funds of a deposit, being per cent (40%) of the full cost of your Booking (the “Deposit”). The Balance, together with a Security Bond (as defined below), will be payable not less than six weeks prior to the date of entry, whether demanded or not.
No booking will be deemed to have been created unless the said deposit has been received and any booking may be deemed cancelled in the event that the balance and bond are not received timeously.
The Deposit must be paid within three (3) days of the Booking being placed.
The balance of the rental will be due for payment forty two (42) days prior to the Date of Entry. If, for any reason the balance is not paid timeously, we shall endeavour to contact you, failing which we shall be entitled to consider it your intention to cancel.
In the event that you place a booking less than forty two (42) days prior to the intended Date of Entry, then your Booking will only be confirmed and our Contract will only come into force once we have received payment in full for the Booking in cleared funds.
No entry to our properties will be allowed without payment, in full, being cleared beforehand.
- SECURITY BOND AND DAMAGES
In addition to the price you will be required to submit a bond, which will be held against any damage beyond fair wear and tear, such as breakages, extra cleaning and other expenses in connection with your occupation, the balance being returned to you within two weeks of your departure.
In the event of a pet having been on the Subjects the entire Bond will be forfeit.
If you lose a key we will replace it upon you paying for the cutting of a new one.
On payment of the deposit your booking is confirmed and the Contract entered in the Terms here stated.
In the event that you wish to cancel, you should give the maximum notice practicable.
In the event that you cancel your holiday no less than 14 days of the Date of Entry, you will forfeit the Deposit only. In the event of cancellation being notified 14 days or fewer prior to the intended Date of Entry both deposit and balance will be forfeit because of the difficulties of re-marketing, given the island situation
- CORONA VIRUS
In the event that you are required, in accordance with guidelines imposed by the UK and Scottish Governments in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)), to self-isolate at the property you will be responsible for the cost of (i) any additional nights out with the Holiday Period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.
12. CANCELLATION BY US FOR REASONS BEYOND OUR CONTROL (“FORCE MAJEURE”)
We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if our license/ planning consent, etc., to trade is withheld by North Ayrshire Council, access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage, internet or other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property) (these are sometimes referred to as “Force Majeure Events”)
If for any reason beyond our control we are forced to cancel your Booking (or bring it to a premature end) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable.
13. INDEMNITY & INSURANCES
The proprietors, their agents or employees accept no responsibility for any loss, injury or damage to you, your property or any person or property under your responsibility that is brought onto the Subjects unless negligence is proven.
You bind and oblige yourself to indemnify the proprietors in respect of any damage or injury, however caused, as a result of your occupation of the Subjects.
You should satisfy yourself as regards to travel insurance in case of last minute cancellation or travel difficulties over which Arran Island Cottages has no control
- CARE OF YOUR PROPERTY
Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk.
If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to make a charge against your security bond for any reasonable postal or courier costs. We may dispose of any unclaimed property after six (6) months.
15. CARE OF THE SUBJECTS
You are responsible for the property and its contents and are expected to take all reasonable care of all furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair, and in a reasonable clean and tidy condition at the end of the rental period. You must not use the Subjects for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.
Smoking is not allowed in any of our properties. You must ensure the property is securely locked when you are not in occupation.
16. WIFI & INTERNET
Free Wi-Fi and broadband internet is provided for your reasonable use. You agree to reasonable and lawful usage of this service. We will not be liable for slow connections or for any interruptions to or the failure of this service.
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately and during the period of your occupancy, to give us the chance to make amends. We value your custom and want you to return (and to recommend us to your friends!). We will do our best to resolve any problem.
No complaint made after departure will be considered.
18. DATA PRIVACY STATEMENT
19. DRONES, NIGHT LANTERNS AND FIREWORKS
The use of drones is not allowed without our express written permission.
Fireworks are not allowed without our express written permission.
Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
Arran Estate Office, Brodick,
Isle of Arran. KA27 8EJ