The Contract for a short-term holiday rental will be between Nethermill Lodges (referred to as “us”, “we” or “our”) and the person making the booking and all members of the holiday party (referred to as “you” or “your”) in the following booking 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 held to be invalid, impermissible or unenforceable permissible by law, the remaining terms shall be unaffected and shall remain valid.
The Contract will not come into force until we have received the Deposit referred to in Clause 2 below. The Contract will be subject to these booking terms and conditions, and must be complied with. The party leader must be at least 18 years of age at the time of booking and prior to arrival we must be provided with a full list containing the names and ages and contact details of all guests (which we will hold subject to Clause 11 below).
2. 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.
Your Booking will only be confirmed and our Contract will only come into force once we have received payment in cleared funds of a deposit of twenty-five per cent (25%) of the full cost of your Booking (the “Deposit”).
The Deposit must be paid to confirm your booking.
The balance of the rental will be due for payment sixty (60) days prior to your holiday commencement date (the “Holiday Commencement Date”).
If for any reason we are unable to take payment of the balance by the due date and you are unable to promptly rearrange payment (or we cannot get hold of you to arrange for payment to be made) we will be entitled to treat that as your intention to cancel the Booking. If your Booking is made less than sixty (60) days prior to the Holiday Commencement Date 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.
We accept payment by most major credit or debit cards.
3. Period and Other Terms of Hire
The period from the Holiday Commencement Date to the day of departure set out in the Booking (the “Holiday Departure Date”) is the “Holiday Period”.
Unless expressly agreed by us in writing, you should not arrive before 4pm on the Holiday Commencement Date, and you must leave and vacate the property by 10am on the Holiday Departure Date. Failure to do so may result in you being charged a further day’s rental.
You must not use the property except for the purpose of a holiday during the Holiday Period, and not for any other purpose or for a longer period except with our express written agreement.
The Contract to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
This Contract relates to a “holiday let” the purpose of which is to confer on you as a holidaymaker the right to occupy our property for a holiday only. 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 under any applicable law including but not limited to under the Private Housing (Tenancies) (Scotland) Act 2016 now or at the end of the Holiday Period. You may not sub-let the property.
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.
4. Number of persons using the property
Under no circumstances may more than the maximum number of persons stated on our website occupy the property. We reserve the right to refuse admittance or require you to leave our property if this condition is not observed. Any persons other than members of your party must not use our accommodation or facilities.
5. Our Liability
We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.
6. Care of the Property
You are responsible for the property and are expected to take all reasonable care of its 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 properties 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. We reserve the right to terminate a holiday without compensation where the unreasonable behaviour of the persons named on the booking may impair the enjoyment, comfort or health of others.
Smoking is not allowed in any of our properties. Any evidence of smoking within the property will result in cleaning charges.
You must ensure the property is securely locked when not occupied by you.
7. Damages & Breakages
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. Any damages or breakages will have to be paid for in full on demand within seven (7) days of notification in writing (although we would not charge you for the odd glass or plate). We recommend that you have appropriate insurance in place to cover this.
If you lose a key and it cannot be found, you will be charged for new locks.
Free Wi-Fi is provided for your reasonable use and may be subject to separate terms and conditions. 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.
9. Right of Entry
We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
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 to give us the chance to resolve it. We value your custom and want you to return (and to recommend us to your friends!). We live nearby, and will do our best to resolve any problem.
12. Drones, Night Lanterns and Fireworks
The use of drones is not allowed without our express written permission. Fireworks are not allowed. Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
We only allow one small dog in Argyll View and Clyde View, and only when have they been booked in and paid for. (£20 per dog, per stay).
Dogs must be house-trained, kept under proper control and not allowed on the furniture, in the bedroom, nor left unattended in the property. Dog hairs are to be removed from floors and curtains, all dog waste collected and disposed of. Dog owners will be held responsible for any damage caused to the property, contents or outdoor area by their dog and for any extra cleaning required (usually at least £50). When out walking within the property grounds, you must ensure that dogs are kept on a lead. Dogs must not be allowed to disturb livestock.
We reserve the right to seek details of any dogs in advance and to refuse permission for them to be brought to the accommodation for any reason, including if they are considered unsuitable in character, size or behaviour, bark continuously, or are liable to be a nuisance or danger to us, our neighbours or other guests and to local wildlife and livestock.
14. 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 charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after one (1) month.
15. Hot Tub
You must abide by all of the hot tub safety rules.
HOT TUBS/SAUNAS. A User Guide
YOU SHOULD NOT USE THE HOT TUB/SAUNA IF YOU:
- Have a serious illness, have a heart condition, high or low blood pressure, or any other medical condition which may affect your reaction to heat – consult your doctor first.
- Have a contagious disease, infectious skin condition, open sores or wounds.
- Have had a heavy meal within one and a half hours.
- Are under the influence of alcohol or drugs
- Are a child under the age of 4 years
- Have recently exercised. Time should be allowed to enable the body temperature to return to normal levels.
ARE YOU IN ONE OF THESE GROUPS?
THE ELDERLY: The elderly are more susceptible to the effects of a hot tub/sauna and should be extra careful.
CHILDREN: The body temperature of young children will rise quicker than that of older children or adults using hot tub/sauna, due to their underdeveloped thermo-regularity mechanisms. Children under the age of 4 should not use the hot tub. Children over 4 should be supervised closely at all times by a responsible adult, and children (and others) who are unable to keep their faces out of the water should not use the hot tub. The amount of time spent in the hot tub/sauna should be limited and they must replace lost fluids frequently. Adults must be aware of the dangers of heat stress in children and ensure, from early indications of stress, that they are not at risk.
PREGNANT WOMEN: Pregnant women are advised not to use hot tubs/saunas or to seek medical advice before doing so.
DIABETICS: People with diabetes will need to check with their doctor before using the hot tub/sauna.
We permit one child under the age of two years. Any child should be supervised by their parent/guardians at all times. We must be notified at the time of booking if your infant is joining you on your stay.
17. Amendments to terms and conditions
We reserve the right to make reasonable amendments or additions to these terms and conditions without notice. Any changes will be updated automatically to our website.