The Small Print
Definitions
“Apartment” refers to the property you rent; ”Customer”, “you”, “your” shall mean or refer to the individual who made the booking; ” Website” shall mean our website; ”Owner”, “us”, “we” shall mean Nigel Goodman and his designees. ”Tenants”, “you”, “your” shall mean or refer to the Customer’s party.
Contract and Booking
- 1. When you submit a booking by email, you will receive a booking summary by email to the address you provide in the booking form. This does not form a contract between us. A contract shall arise only when your deposit payment has cleared and your booking is subsequently confirmed in writing via a letter of confirmation sent by post or email.
- 2. The Customer must be at least 18 years of age and authorised to make the booking on the basis of these Terms and Conditions (The Small Print) by all other members of the party. By making this booking, the Customer confirms that he /she is so authorised and that he / she has agreed to the Terms and Conditions herein.
- 3. When you receive your confirmation, you should check the details carefully. If anything is incorrect, you must tell us immediately. The Owner cannot be held liable for any mistakes that arise from you providing the wrong booking details.
Payment
- 4. We require an initial deposit of 40% of the full rent due to secure your booking. The deposit shall be provided at the time of booking. If you are paying by cheque, this should be made payable to “Nigel G Goodman.”
- 5. The balance payment should be paid in full at least four weeks before commencement or, if there is less than four weeks to go, it shall be paid in full at the time of booking. Please make payment by cheque, (provided enough time is allowed for the cheque to clear before your holiday starts) or electronic transfer (ask for details).
- 6. Please make sure we receive your payment on time, as we may re-book as soon as the due date for payment has passed.
- 7. A condition of staying with us is that you look after the apartment. We reserve the right to request a security deposit of £100, which if requested must be paid with your balance payment or prior to your use of the apartment. The cost of any damaged or missing items or exceptional cleaning examples: from a do, dirty boots damaging the oak floor, or a filthy appliance will be deducted from this deposit and the remainder returned to you. We reserve the right to invoice the person booking the holiday for any replacements and additional costs incurred.
- 8. We will do everything we reasonably can to honour our commitments to you, but you accept our maximum liability to you on any grounds whatsoever is limited to the amount you have paid us prior to the problem arising, save for personal injury or death caused through our negligence.
- 9. If any payment due in relation to your booking is not paid by the appropriate date then we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid at that date. The Owner will normally send out a reminder to you before your booking is cancelled.
Check In / Check Out
- 10. You may check in any time after 15:00 on your day of arrival. Check out is any time before 10:00 on your last day. Please let us know your estimated time of arrival.
Information Pack
- 11. Each apartment has an Information Pack of useful information and the proper operation of the specific facilities and services provided. It is a condition of our contract with you that you respect the facilities provided and comply with the user conditions set out in the information pack.
- 12. You undertake to leave the cottage without demand at the termination of the agreed period of hire.
Property Care and Visitor Obligations
- 13. There is strictly no smoking within the apartment, the area of it, and in the whole area of Tegg’s Nose Farm. A surcharge of £100 minimum will be made for cleaning fabrics on evidence of any smoking in the apartment.
- 14. You are allowed to bring a dog with you. Dogs must not be left unsupervised at any time. Dog excreta must be collected in bags and disposed of in the black wheelie bins. On no account allow a dog to chase or in any way harass any animals or birds on the farm or the adjoining Tegg’s Nose Country Park. No other pets are permitted.
- 15. The apartments are for 1-2 people, and Apartment 2 has a bed settee and can accommodate a third person.
- 16. If you discover any damaged items on arrival, or faulty items, you agree to inform us immediately (so that you will not be held liable and for us to arrange a repair / replacement as soon as possible).
- 17. The Owner has the right to enter the property at any reasonable time for the purpose of inspection, repairs, etc. except in cases of emergency where quick access is vital, in which case the Owner is entitled to enter the apartment at any time without giving you prior notice.
- 18. During your stay, you are responsible for the contents of the property and we will pass on the cost of any damages / breakages to you.
- 19. You agree to leave the apartment in a clean and tidy condition. Cleanliness is important to us and to our guests.
- 20. You agree that the apartment let by the Owner is to be used for the purposes of a holiday let to which Section 12(2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. The booking agreement confers a right to occupy the accommodation for the agreed period only.
- 21. You shall not sub-let the apartment.
- 22. Tegg’s Nose Farm is a tranquil place. You agree to prevent any member of your party from causing a nuisance or disturbance in or around the apartment. In the event of such a problem arising, we reserve the right to require you to vacate the property on demand without payment of compensation to you.
Rural Clause
- 23. Water is from our own bore-hole, purified Thankfully problems such as power cuts are few at Tegg’s Nose. In the unlikely event of any such problems during your stay with us, we will use our reasonable endeavours to procure their early resolution on receiving notice thereof. However, for the avoidance of doubt, you accept that as the extent of our liability.
Security
- 24. Please ensure that the apartment is locked when you go out.
- 25. Equally, please ensure that your vehicle is locked and parked without obstruction, on our car park.
Rent Includes
- 26. The rent you pay covers the following: (a) Use of linen and towels provided; (b) Crockery, pots, pans, glasses, and cutlery; (c) A reasonable quantity of fuel for cooking, heating, for your stay. (d) use of the apartments’ washing and drying room – we want to be ecologically positive, so use the drying line and in good enough weather please use the external line.
Owner’s Liability
- 27. Under no circumstances will the Owner’s liability exceed the rental paid for the cottage (save for personal injury or death caused by the negligence of the Owner).
Force Majeure
- 28. Your booking is accepted on the understanding that the apartment will be put at your disposal on the date agreed with us. Should this not be possible due to circumstances beyond our reasonable control, we cannot provide an alternative holiday property. In this case, the rental you have paid will be returned to you in full and you will have no further claim against us.
Cancellation by the Customer
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Cancellation by the Owner
- 31. The Owner does not expect to have to make any changes to your booking, but occasionally problems occur, and bookings have to be changed or cancelled. If this does happen, the Owner will contact the Customer (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
- 32. If clause 31 applies, and the alternative property is advertised at a lower price you only need to pay the lower price. If you do not wish to accept a significant change or any alternative property offered, or the Owner cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund. In the unlikely event that you fail to tell the Owner as soon as reasonably possible that you wish to accept any change or alternative property the Owner is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Owner.
- 33. Please note the above options in clause 31 and clause 32 are not available where any change made is a minor change.
Unfair Contract Terms Act 1977
- 34. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or otherwise determined by any court to be unenforceable, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which shall remain in force as if the unenforceable provision had been eliminated.
Disclaimer
- 35. The Owner has taken every care to ensure that the accuracy of property descriptions on their website and in their brochure and all information is provided in good faith and is believed to be correct, but they do not form part of the contract between the Owner and the Customer.
Dispute Resolution
- 36. We would aim to resolve any disputes quickly and amicably – as we like lots of regular guests! However, if we can’t resolve any disputes by agreement you and we agree to the application of English law.