Carrick Eriskay - Booking terms and conditions
South Uist Self-Catering Cottages – Carrick Eriskay
Terms and Conditions of Rental

Definitions

Defined terms are identified capitalized and in bold italic where defined, but otherwise are not.

The Property means :
Carrick Eriskay, A' Charraig
Eilean Eirisgeidh

Uibhist a Deas
HS8 5JR
United Kingdom

These Terms and Conditions of rental (together with those stated or reasonably implied anywhere on the websites http://uistselfcateringcottages.scot
and the associated website specific to the property) apply to rentals of the property.

We (and similarly Us ) are Jonathan Bridge and Denise Bridge, trading in partnership as
Uist Self Catering Cottages, An Garradh Mor, West Kilbride, Eilean Siar, Scotland UK

You (and similarly, Your) means the person in whose name the booking is made and the rental is agreed.

Your Party means any or all of those persons and domestic pets who you declared when booking would occupy the property together with you.

Visitor (and, similarly, Visitors) means a person or persons (other than us or one of your party) invited admitted or permitted by you to enter and remain the property.

Agreed (and, similarly, Agree and Agreement) means agreed mutually between us and you in writing and  in advance of the fact.

Rental means the agreed occupation and use of the property by you.

Rental Agreement (which may also be referred to as the Agreement, Booking Contract or Contract) means these terms and conditions as may be modified according to the provisions herein together with a 'Booking Confirmation and Deposit Receipt' email (for two-stage payment) or 'Balance Payment Receipt' (for payment in full at the time of booking).  The rental agreement commences on the date of the aforementioned email, and terminates when all obligations under the contract have been fulfilled.

Period of Reservation is the period from commencement of the rental agreement to the date and at the time of departure stated in the rental agreement.

Period of Hire or Hire Period or Hire means the period of time for which occupation of the property by you is agreed. The period of hire commences and ends on the dates and at the times stated in the rental agreement.

Online and Website refer to the internet website http://uistselfcateringcottages.scot
and the associated websites specifically for the property at and through the medium of which which the property was booked.

Book, Booking, Booked (and similar terms) refer to the act of entering into the rental, whether online or by telephone.

Booking Deposit, Balance, Damages Deposit, Discount and similar related terms refer to the monies and the dates by which such monies are due to be received by us or refunded to you stated in the rental agreement. 

General

You must be 18 or more years of age when you book the property.

These terms and conditions may be modified or added to by terms and conditions, if any, attached to discount codes or credit vouchers made available to you by us, by exchange of emails, or otherwise as may be agreed.

Except as may be permitted by us in writing, or agreed, the property is let for the purposes of holiday accommodation only.

Period of Reservation and Period of Hire ; Booking Deposit and Balance

The period of reservation and period of hire together comprise the continuous and extended period over which you enjoy the benefits set out in the rental agreement.

Upon commencement of the rental agreement, we reserve to you the sole right to exclusive occupation of the property by you and your party (if any) during the period of hire, and we continue to reserve to you such sole right throughout both the period of reservation and the period of hire. In so doing we are liable, as far as may be reasonably necessary and practicable, to many and diverse costs to the purpose of putting and keeping the property in a state of readiness for occupation by you and your party (if any) during the period of hire,  Such costs include but are not limited to : exertion of labour, exercise of skills ; deployment of capital and equipment ; consumption of materials and supplies ; procurement of services ; and foregoing of alternative revenue for the same period of hire.

It is therefore agreed that the booking deposit is a fee, not a rental, and constitutes full and fair payment for reservation of the property during the period of reservation. The booking deposit is not refundable in the event of the rental being cancelled by you, except as provided for in the rental agreement.

The balance constitutes a two-fold payment : firstly for the exclusive right to occupy the property during the period of hire ; and, secondly, for the enjoyment by you of exclusive occupation of the property during the period of hire, this accounting for two thirds of the balance payment. The balance is not refundable in the event of the rental being cancelled by you, except as provided for in the rental agreement

Insurance and Frustration

A circumstance action or event for which an insurance policy held by us in respect of the property makes provision shall be sufficient evidence that the risk of such a circumstance action or event is reasonably foreseeable.

Any risk to you or any member of your party which would be properly the subject of commercially available personal comprehensive travel insurance is deemed to be a risk that is reasonably foreseeable.

You shall indemnify us against all liabilities to you or others arising from your travel to the property, your travel during your occupation of the property and your travel after leaving the property.  You shall indemnify us against all liabilities arising from risks inherent and consequential to such travel including but not limited to the risks of : adverse weather ; mechanical breakdown ; accident ; industrial action ; postponement ; cancellation ; delay ; lateness ; missed connection ; road congestion ; road works ; injury illness disease (whether suspected or confirmed) ; co-isolation ; self-isolation ; quarantine ; hospitalisation ; death.  You shall indemnify us against all liabilities to you or others arising from failure by you or any member of your party to obtain and maintain competent and comprehensive travel insurance. No such risk, if realized, shall release you from your obligations under the rental agreement.

Changes initiated by you

The rental agreement cannot be transferred, assigned or sub-let.

The period of hire cannot be changed except as may be agreed.

An change initiated by you to the number composition of your party and agreed by us will be treated as a modification of the rental contract, effected free of administration charge or penalty ; but a change to the number of guests may give rise to an increase or decrease to the rental amount.

A change to the period of hire initiated by you, received by us more than nine months before the previous arrival date will be treated as a modification of the existing rental, subject to adjustment of rental price, but effected free of administration charge or penalty.

A change to the period of hire initiated by you, received by us nine months or less before the previous arrival date will be treated as cancellation by you of the existing rental and creation by agreement of a new rental. The sum which we would be entitled to retain on cancellation by you will be credited in full to the new rental, in accordance with the following :

  • If the new arrival date is the same or earlier than the existing, and the new rental cost is the same or more than the exisiting - 100% credit.

  • If the new arrival date is the same or earlier than the existing, and the new rental cost is less than the exisitng - 75% credit, subject to a maximum equivalent to £15 less than the new rental cost.

  • If the new arrival date is later than the existing, and the new rental cost is more than the existing - 75% credit, subject to a maximum equivalent to £30 less than the new rental cost.

  • If the new arrival date is later than the existing, and the new rental cost is less than the existing- 50% credit, subject to a maximum equivalent to £60 less than the new rental cost.

According to the circumstances and at our sole discretion we may increase (relative to the results of the calculations above) the sum to be credited to the new rental.

Change initiated by you on or after the day of arrival shall be as may be agreed.

Change initiated by you shall not give rise to compensation for damages or consequential losses being due or paid or any payment made other than as explicitly provided for in the rental agreement.

Cancellation initiated by you

Except as may be permitted by us in writing, or agreed, cancellation initiated by you of the rental agreement shall be made by you to us in writing by recorded delivery at -
Jonathan & Denise Bridge, An Garradh Mor, West Kilbride, Isle of South Uist HS8 5TT, United Kingdom

In the event of a cancellation initiated by you, received by us more than 8 weeks before the arrival date, we will refund to you that part of the total of money received from you that is in excess of the booking deposit last previously stated in emails from us concerning the rental. 

In the event of a cancellation initiated by you, received by us 8 weeks or less before the arrival date and we have not yet received the monies due for balance and the breakages deposit, you will remain liable for the balance of the rental less gross profit earned by us from bookings subsequently completed during any part of the period of hire.

A cancellation received by us 8 weeks or less before the arrival date, and for which we have already received all the monies due to us including for Balance and the Breakages Deposit, we will refund to you that part of the total amount received from you that is in excess of the full price of the rental, plus the gross profit earned by us from bookings subsequently completed during any part of the period of hire.

Where relevant, we may also deduct, from monies to be refunded to you, transaction charges for which you are liable but which you have not already paid to us.

If we do not receive in full monies due from you on or before the date that such monies are due to be received by us, we shall be entitled to a late-payment charge of £40 and interest on the overdue sum at a rate of 10% per annum, pro-rata for each full day that the overdue amount remains unpaid. If the amount due remains unpaid, we shall be entitled to treat the booking as cancelled by you, notwithstanding the requirement for such cancellation to be in writing.

Cancellation initiated by you shall not give rise to compensation for damages or consequential losses being due or paid or any payment made other than as explicitly provided for in the rental agreement.

Changes or cancellation initiated by us

No change initiated by us to the rental agreement shall take effect except that such change be agreed.

We shall be entitled to cancel the rental if on a previous occasion of hiring a property owned by us you failed significantly and materially to observe the terms and conditions attached to that hire. In the event of such cancellation we will refund to you all monies we have received from you for the hire to be cancelled, less any monies due to us and outstanding in respect of previous hires and an administration charge of £40

We will endeavour to ensure that the property is available to you for the period of hire. If, notwithstanding such endeavour, we should determine that the property will not be available to you for the period of hire, we shall inform you of the fact at the earliest opportunity, and offer to you such reasonable and practicable alternative arrangements as may be available to us.

If at the date of such a determination there remains more than 8 weeks until the arrival date we will cancel the rental and refund to you all the money you have paid to us.

If at the date of such a determination there remains 8 weeks or less until the arrival date we will endeavour to find, offer and arrange a suitable and appropriate alternate rental (which you shall not unreasonably refuse), from one or more of the following options :
  • a different period of hire, at no additional cost to you, or a partial refund.
  • a different property, either at no additional cost to you, or a partial refund
  • a different property and a different period of hire, either at no additional cost to you, or a partial refund
Should none of the foregoing options be available, practicable, or for any reason are not agreed timeously according to the circumstances, we we shall be entitled to cancel the rental and refund to you all the money you have paid to us.

Cancellation by us shall not give rise to any liability on our part to pay to you compensation or make restitution for damages or consequential losses claimed by you other than as explicitly provided for in the rental agreement.

Your responsibilities

If we require you to do so you shall provide us with the full name, home address, email address and telephone number of any member of your party.

You shall be responsible for ensuring compliance with the rental agreement by each member of your party and each visitor.

You and each member of your party shall comply with our instructions regarding the security and good management of the property or with respect to a neighbour’s property, and responsible for consequences of failing to do so.

You must take reasonable care of the property and leave it clean and tidy at the end of the hire. You shall pay us the for our labour and the costs we incur in making good any wear and damage which in our experience is in excess of that to be expected of a guest that is reasonably respectful and careful of the property and its contents. Unreasonable wear and damage includes, but is not limited to : excessive soiling of carpets, upholstery ; other damage or loss caused or permitted by you or a member of your party.

You shall be responsible for anti-social, un-neighbourly, reckless or criminal conduct by you or a member of your party during your occupation of the property.

Period of hire ; Occupation

Except as may be otherwise agreed, you shall occupy the property throughout the full period of hire, continuously.

Absence from the property on any day for up to eighteen hours between 0400 hrs and 2400 hrs lasting eighteen hours or less on any one day will not amount to a break in occupation.

In the event of you being absent without agreement from the property for more than eighteen hours or on any night between 0000 hrs and 0400 hrs, failing to occupy the property by 2400 hrs on the date of arrival, or vacating the property before the departure date, we shall be entitled, at our discretion exclusively and according to the circumstances, to treat such absence as cancellation of the rental by you.

Each member of your party is entitled to occupy the property during the period of hire whilst you also occupy the property. Children aged less than 16 years shall not be left at the property other than under the supervision of a competent adult.

Visitors are not permitted to remain at the property other than in the company of at least one adult member of your party. Visitors are not permitted to remain at the property between 0000 hrs and 0600 hrs.

If, in our opinion, the frequency, timing, duration and character of visits by a visitor are more akin to those of a member of your party, we shall be entitled to recover from you supplementary charges proportionate to the use made of the property by the visitor in question.

No animal may be brought or left indoors if not supervised by a responsible person or confined securely in a suitable cage.

Payments to be received by us from you

You are responsible for paying all the monies due for the rental, the breakages deposit, and any other sums due. Except as may be agreed, payments due for the rental and other fees and charges (after deduction of the value of discount codes and credit vouchers issued by us and available to you) shall be paid by you from a bank account in your name, or with one or more payment cards held in your name and registered to your address.  All monies we receive in connection with the rental will be deemed to have been made with your knowledge, with your approval, on your behalf, and shall in effect be treated as having been made by you.

You shall be responsible for all electricity and internet usage from 12 noon on the first day of hire to 10:00 on the last day of hire (or, if later, the date and time of actual departure), including any breaks in occupation. Use of electricity is subject to our reasonable usage policy, which provides for your needs and comfort at any time of year and regardless of weather conditions, but does not provide for careless, wasteful or profligate usage. We reserve the right, under exceptional circumstances, to charge for unreasonable electricity usage at cost plus 10%.

[Only for rentals of Eight Askernish] Internet data traffic in excess of 2Gb per day, averaged over the period of hire, is charged at a rate of £2 per 3Gb, or any part thereof, the excess being reckoned at the end of the rental.

[Only for rentals of Carrick Eriskay] Use of the landline telephone, is free for all UK incoming calls and texts, and free for most outgoing calls to UK landlines and mobile phones. Other services are available on a cost plus 10% basis. Full details are available at the property.

If you make payment to us from funds in a currency other than UK Sterling at a UK bank , or require re-payment to such a non-UK currency or bank, you shall be responsible for any transaction charges or fees arising from such a payment. We will deduct from the breakages deposit any transaction charges or fees incurred by us not already covered by your previous payments to us.

Departure from the property after 10:00 on the last day of hire, unless previously agreed with us, will give rise to a charge of £15 for each half hour of delay, deductible from the breakages deposit.

Refunds sent by us to you

Money to be refunded by us to you, if any, will be paid by personal cheque made out in Pounds Sterling for you to deposit only at a UK sterling bank account in your name.  Except as may be agreed, cheques will be sent by Royal Mail post addressed to you in accordance with the information you gave about yourself when you booked, not later than fourteen days after the departure date.  Other means of performing a refund may be available, depending on circumstances, but may be subject to transaction fees or charges.

Refund to you of the breakages deposit shall be subject to deductions, as appropriate and if not already paid to us, in respect of : electricity and internet usage in excess of that included in the rental; use of landline phone not included in the rental, optional extras; costs incurred from non-Sterling transactions; additional cleaning and late departure charges, breakages damages or excessive soiling, and any other fees charges or costs provided for in this contract or otherwise agreed. 

Discount codes and credit vouchers

A discounts code or credit vouchers issued by us may be redeemed only by the person to whom we have issued such discount code or credit vouchers, and may be redeemed only in respect of bookings made by the recipient after the date of issue. Refunds we make to you shall exclude the notional value of any discount codes and credit vouchers previously redeemed against the rental. Neither discount codes nor credit vouchers can be exchanged for cash.

Infectious disease

You must not do anything to undermine the measures we have taken to control the spread of infectious disease, and you must adhere to our instructions with regard to such measures.

If on the date of arrival you notify us in writing that you have been prohibited from travelling to or occupying the property due to laws regulations or orders made by the Scottish Government in response to an outbreak (or risk of an outbreak) of the COVID-19 coronavirus, we will treat the rental as having been cancelled by you on the day before the date of arrival and, subject to us receiving from you evidence which, after verification by us, confirms that you were prevented from occupying the property, we will refund to you all the money you have paid to us for the rental that is in excess of the booking deposit.  Alternatively, when you provide the evidence that you were prevented from occupying the property, you may request of us a postponement of the rental.

If, when in occupation of the property during the period of hire, you or any member of your party exhibits symptoms indicative of an infectious disease for which the public health authorities have mandated self-isolation or quarantine, or receives a positive result from a test for such a disease, you shall inform us of the facts without delay. You shall make promptly for yourself and every member of your party such arrangements as may be reasonably practicable to leave the property on or before the date and time of departure stated in the rental agreement unless doing so is prevented by legal order or instruction of the relevant public health authority.

In the event of such an order, your continued occupation of the property after the date of departure will be subject to an extension of this rental agreement and payment by you to us of such additional charges and costs (including the direct and indirect costs of cancelling or postponing following bookings of the property) as we may reasonably require, according to the circumstances. We shall be entitled to require you to pay in advance. By entering into this agreement, you undertake to pay to us in full all the aforesaid additional charges and costs.

Limit of Liability

Our liability to you shall not in total exceed the total sum of the monies you have paid to us.

Miscellaneous

Any difficulties or complaints should be brought to our attention as soon as possible, so that the problem can be remedied as soon as practicable. We shall not be bound to provide a remedy for complaints that you could reasonably have notified us of during the period of hire but did not do so.

We cannot accept responsibility for damage to or loss of vehicles, personal belongings or any other property or animal brought to the property by you or any member of your party or a visitor.

Facilities, furnishings appliances and utensils may vary from those shown in photographs or otherwise described, but will be substantively the same in nature, quantity and quality, in so far as may be reasonably practicable at the time.

We reserve the right to enter the property at any reasonable time during your stay in order to check for damage howsoever caused, to assess the need for repairs or replacements, or to carry out urgent repairs or replacements, to undertake grounds maintenance, or to verify compliance with the rental agreement

Law of Contract

This contract is subject to the laws of Scotland.

Should any provision of the rental agreement be proven contrary to the laws of Scotland, such shall not affect the validity of those provisions not so proven.

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[The following does not form part of our terms and conditions, but is advisory only]

Travel Insurance

We strongly recommend that you obtain and maintain fully comprehensive travel insurance that is competent for the risks and the duration of your rental of the property, including your travel to the property, during your stay at the property, and after departure from the property.

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