Cottage Booking Terms & Conditions
(for Covid booking terms please refer to Section 11: Important – Events Outside Our Control)
1] Preliminary issues
1.1] In these terms and conditions the following words or phrases shall have these meanings:
1.1.1] “we” and “us” means Millar Organics, West Bastlebog, Gavinton, Duns TD11 3QT and
1.1.2] “you” and “yours” means the person making the booking and/or members of the holiday party;
1.2] Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. The lead booking name must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name.
1.3] We reserve the right to carry out credit checks or identity verification procedures if we think it necessary to do so to comply with anti-money laundering regulations before we enter into a contract with you.
1.4] These terms and the booking form (online, printed or emailed copy) are considered by us to set out the whole agreement between you and us for the provision of the services specified at 3 ‘(What’s Included in your holiday booking’). Please check that the details in the booking form are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing. Please ensure that you read and understand these terms before you sign.
1.5] We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you make a booking with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
1.6] Any drawings, pictures, descriptions or advertising we issue or contained on our websites are published solely to provide you with an approximate idea of the holiday they describe. They do not form part of the contract between you and us.
2] How to book our holiday accommodation
2.1] Bookings should be made using our online system on our website. If for any reason you are unable to use the online booking system, please contact us at firstname.lastname@example.org or telephone us on 07527 085439 and we will send you a copy of the booking form to the contact details specified by you.
2.2] On receipt of your “Provisional Booking” email, payment should be made within 24 hours. We shall confirm your reservation upon receipt of full payment. If payment is not received within 24 hours the booking will be cancelled.
2.3] Your submission of a booking form is an offer to enter into a binding contract with us, which we are free to accept or decline at our discretion;
2.4] A contract will come into existence between us and these terms will become binding when:
2.4.1] We issue you with written confirmation of your booking which we will issue to you following our receipt of your full payment.
2.5] Any quotations given by us are given on the basis that a binding contract shall only come into existence with us in accordance with 2.3 above. Quotations shall be valid for a period of 7 days unless we notify you.
3] What is included in your holiday accommodation booking?
3.1] Your holiday property will be available from 3pm on the date of arrival and you must vacate by 10am on the day of departure. We reserve the right to charge you a daily rate if your departure is delayed without our prior agreement.
3.2] Bed linen and one bath and one hand towel per person are included in your booking and if your stay is for longer than 7 nights your linen will be changed after 1 week.
4] What is not included in your holiday accommodation booking?
4.1] We are sorry but no smoking is allowed in the cottage.
4.2] We are also sorry that no pets are allowed either.
4.3] You should be aware that we do not offer insurance as part of our holidays. It is your responsibility to arrange appropriate insurance to ensure you are covered for all eventualities in connection with your holiday. We strongly recommend that you obtain relevant insurance for peace of mind during your stay.
5.1] Full details of how to pay are included at the bottom of your invoice and will cover the cost of the items detailed at clause 3 above.
6] Cancellation or Amendments to your holiday accommodation booking
6.1] Amendments by you:
6.1.1] Should you need to change any details of your booking we will be happy to try and accommodate your requested changes upon receipt of any increased charges incurred as a result of the amendment. Please give us written notice of any requested amendments 8 weeks before your holiday is due to start.
6.1.2] If we are unable to accommodate any of your desired amendments and you subsequently cancel your holiday, the cancellation fees outlined at section 7.2 below will apply.
6.2] Cancellations by you:
6.2.1] If you have to cancel your holiday, for whatever reason, you must immediately notify us by email or by telephone. The following cancellation charges will apply:
• If you cancel your holiday within 48 hours cooling off period after receiving acknowledgement of booking we will refund in full the amount you have paid for the holiday provided the booking has not been made within two weeks of the arrival date.
• If you cancel your holiday accommodation after 48 hours of booking and before the arrival date the full balance paid is non-refundable and non-transferable. We strongly recommend that guests take out their own travel insurance to cover this eventuality.
HOWEVER, AT OUR DISCRETION
6.2.2] If we are able to re-book the property with another party then we will refund you the full balance of your booking, less an administration fee of £25. If we are only able to re-book with another party at a lower price, we will refund you the balance of the reduced booking fee, less an administration fee of £25.
6.3] Cancellations or Amendments by us:
6.3.1] We aim to provide you with your holiday as booked, but we reserve the right to cancel your holiday booking or make reasonable amendments in any circumstances.
6.3.2] If we are required to cancel your holiday then we, at our sole discretion may offer you:
22.214.171.124] an alternative booking date and/or location to the same or similar standard or price
126.96.36.199] or offer you a full refund.
6.3.3] If we are required to amend your booking, for example (but not limited to), move you to an alternative property, or vary the dates slightly, then you may:
188.8.131.52] Accept the amendments made by us; or
184.108.40.206] Accept a replacement booking in the same, or different property at a different date, of an equivalent or close standard or price;
220.127.116.11] Cancel your holiday and receive a refund of all monies paid.
6.3.4] We will endeavour to provide you with as much notice as reasonably practical if we are required to cancel your booking but please be aware if cancellation is a result of an event falling in the section below “Important – Events outside our control”, then cancellation may be given in short notice.
6.3.5] Please note no additional compensation will be paid in the event that we have to cancel or amend your holiday booking.
7] Your obligations
7.1] Throughout the duration of your stay you agree to:
7.1.1] Take care of the property, its contents and leave it in a clean and tidy state upon your departure;
7.1.2] You will pay for any loss or damage you cause or permit to cause during your visit.
7.1.3] Refrain from smoking in any of our properties;
7.1.4] Look after the keys to the property. You will be charged for any replacement keys required.
7.2] We reserve the right to refuse to accept you as a customer, or continue dealing with you, or ask you to leave with immediate effect if your behaviour is disruptive or affects other holiday makers or is threatening or abusive towards our staff or neighbours. If we ask you to leave the property, we may, in our sole discretion, refund the pro-rata the total balance of your holiday for the original duration of your stay.
7.3] Throughout the duration of your stay with us, you will allow us, or our agents reasonable access to the property for all purposes.
8] Our obligations
8.1] Unless we are prevented from doing so by an Event Outside Our Control detailed at section 11 below, we will provide the property you book which:
(a) conforms in all material respects with their description;
(b) are fit for any purpose we say the property is fit for, or for any purpose for which you have informed us, or we could reasonably expect you to use the property for;
(c) is free from material defects in design, material and workmanship; and
(d) complies with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
8.2] This warranty is in addition to any of your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.3] These terms apply to any replacement holiday properties we provide to you in the unlikely event that the original property you book does not conform with these terms.
8.4] You must provide us, in sufficient time, with any information and instructions relating to your holiday booking that is or are necessary to enable us to provide the property in accordance with these terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel your booking by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
9.1] In the unlikely event that you are unhappy with any element of you stay at West Bastlebog, please notify us immediately at email@example.com. We can usually resolve any complaints you may have but you must allow us to the opportunity to do so.
10] Limitation of Liability
10.1 Subject to section 8.2, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms.
10.2 Neither of us shall be responsible for losses that result from either of us failing to comply with these terms including, but not limited to, losses that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of anticipated savings; or
10.2.4 loss of data.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, our physical property.
10.3 This clause does not include or limit in any way our liability for:
10.3.1 death or personal injury caused by our negligence; or
10.3.2 fraud or fraudulent misrepresentation; or
10.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11] Important – Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
11.2.1 strikes, lock-outs or other industrial action; or
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
11.2.3 fire, explosion, storm, flood, earthquake, subsidence or other natural disaster; or
11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
11.2.5 nationally applied government restrictions and rules put in place as a consequence of Covid, or
11.2.6 impossibility of the use of public or private telecommunications networks.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues. The Force Majeure event must be in equal measure across the United Kingdom and prevent both you taking up your booking and us fulfilling your booking and if the event continues for a period more than 4 weeks then we shall, at our sole discretion
18.104.22.168 Offer you an alternative booking date and/or location to the same or similar standard or price; or
22.214.171.124 Offer you a 50% refund.
12] Data Protection
12.1 You understand that any personal data you supply to us will be processed by us in connection with supplying the services of this contract.
13.1 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
13.3 A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.4 These terms shall be governed by Scots law and we both agree to the non-exclusive jurisdiction of the Scottish courts.
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