Terms and Conditions
PLEASE READ THESE CONDITIONS CARFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING
INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.
1 COORIE AWAY – KIRKCUDBRIGHT
The contract for a short-term holiday rental will be between COORIE AWAY (referred to as “us” or
“we” ) and the person making the booking and all members of the holiday party (referred to as “you”
or “your”) in the following booking conditions.
The contract of hire is not effective until we have received the deposit. The contract will be subject to
these booking conditions, and must be complied with. The party leader must be at least 18 years of
age at the time of the booking and the booking form must list names, addresses and ages of your
party.
2 Duration and Times of Lettings
You should not arrive before 4pm on the commencement date, and leave by 10am on the day of
departure. Failure to do so will 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 longer period. The agreement to stay in the property for the holiday period, does not
create the relationship of Landlord and Tennant between the parties. You shall not be entitled to a
new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the
Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period.
3 Booking Procedure
Whilst we are prepared to consider requests for reservations of the properties, the confirmation of a
reservation shall not render us liable in the event that the property is unavailable for occupation
during the period reserved and no contract will arise between us and you otherwise than in
accordance with the following provisions of these terms and conditions.
4 Booking Form
All applications to book holidays in the properties must be submitted by you to us using our standard
booking form for the time being in force(“Booking Form”). The Booking Form must be fully completed
by you and must be accompanied by payment of the booking fee. The amount of the booking fee shall
be as follows:
- If the booking fee is submitted 6 weeks or more before the commencement of the requested
holiday letting period – 25% of the full amount payable in respect of the letting; or - If the booking form is submitted less than 6 weeks before the commencement of the requested
holiday period – the full amount payable in respect of the whole of the letting period.
In the event that we decline an application, the full amount of the booking fee will be refunded to
you. In the event that an application is accepted, the booking fee will be retained by us and treated as
a payment on account of the amount payable in respect of the letting.
5 Acceptance of an Application
The contract between us and you for the letting of the property shall arise upon us giving written
confirmation of acceptance of your application (which at our discretion may be dispatched by prepaid post or electronically to any email address provided by you in the booking form) or upon us
having obtained clear funds in respect of the application fee whichever is the later.
6 Payment
The full amount of the payment for the fee for the letting (less the amount to which clause 4) shall be
paid on the “due date” namely: - In a booking in which clause 4i applies, not later than 4 weeks before the commencement of the
letting; or - In a booking to which 4ii applies, upon our acceptance under clause 5.
VAT is not payable in the rental charge of the property
7 Failure to pay
Non-payment of the sum payable under clause 6 by the due date may be treated as a cancellation of
your booking and we will be entitled to re-let the property without reference to the client. The terms
as to payment in clause 8 thereafter apply.
8 Cancellation
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made to writing to us. You shall remain liable for all the
payments due in respect of the reservation whether or not they have been paid at the time of the
cancellation. We will use our reasonable endeavours to re-let the property in respect of the
cancellation period. If we are successful you will be refunded the difference between moneys you
have paid less the sums receivable from the re-letting after deduction of all costs and expenses
incurred by us which shall include an administration fee of £25 in respect of each day that the
property was reserved by you.
9 Changes
We reserve the right to amend the price quoted in a brochure or rates sheet due to errors or
omissions or changes in the VAT rate. In such circumstances we will contact you as soon as we
become aware of an increase in charges. If you do not wish to pay the increase you shall be entitled
to cancel the reservation and receive a full refund for all monies paid in respect of the reservation
providing notice of cancellation is given in accordance with the provisions of clause 4 and within 7
days of you receiving notice of the amendment to the price to be charged from us.
10 Changes to bookings
We will consider any request to change dates after confirmation has been issued. We reserve the
right to charge an administration fee of £25 in the event a change of booking is made.
11 Occupancy and Use of Property
Under no circumstances may more than the maximum number of persons stated in the brochure and
the web site occupy the property. We reserve the right to refuse admittance if this condition is not
observed. Any persons other than members of your party must not use the facilities of COORIE AWAY – KIRKCUDBRIGHT, unless prior written consent has been obtained by us. To exceed the maximum number of persons in the cottage overloads the facilities available which are not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any overoccupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further
charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning
septic tank which has been used by a greater number of people than the tank is designed for).
12 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 the same clean and tidy condition at the end of the rental period as at the beginning. You must
not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on
there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.
We request noise to be kept to a minimum between the hours of 11pm and 7am. Smoking is not
allowed in any of the property.
13 Damages and Damage Deposit
Bookings of COORIE AWAY – KIRKCUDBRIGHT require a damage deposit of £500.00. You will be required to make this
payment by either cash, cheque, bank transfer or card before your arrival at your accommodation.
This amount is fully refundable within 4 weeks of your departure, providing the property is left clean
and tidy, that there have been no breakages, extra cleaning required or any extra people found to be
staying at the property.
In the event that you or anyone staying at the property during your reservation period causes damage
or incurs a need for professional cleaning services or leaves the property without settling invoices for
additional services or supplies received during your reservation period you will be notified in writing
of the details of any extra costs incurred within 14 working days after the end of the reservation
period and this amount shall be deducted from the Damage Deposit or payment will be required by
you.
14 Play Equipment
You agree that the use of the play equipment is at your (or any third party residing in the property
during the period of your reservation) risk in all respects.
You confirm that you are authorised to sign the booking form on behalf of all persons who will occupy
the property and that those persons are aware of the booking conditions. You shall be a member of
the party occupying the property and are required to ensure that: - Each member of the party on whose behalf you have submitted the Booking Form is listed on the
booking form with his or her full name and age if under 30; - Each member of the party is aware of and will comply with all rules and regulations published by
ourselves in respect of the use and occupation of the Properties; - The number of persons within the party shall not exceed the maximum number of persons
permitted to occupy the property.
Any breach of these provisions will constitute a breach of contract, thereupon we may terminate the
booking forthwith in which event all moneys paid by you will be forfeited and you may be required to
vacate the property.
We reserve the right to repossess the property at any time where damage or nuisance have been
caused by you or any member of your party and in such event we shall not be liable to make any
refund whatsoever.
15 Liability
This condition sets out our entire financial liability (including any liability for the acts or omissions of
its employees, agents, consultants and subcontractors) to you in respect of any breach of this
agreement; any use made by you or any third party residing or making use of the property during
your period of reservation and any representation, statement or tortious act or omission (including
negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the
liability of us for death or personal injury resulting from negligence or liability incurred by you as a
result of fraud or fraudulent misrepresentation by us.
We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal
property or possessions; loss of use of the property or any special, indirect, consequential or pure
economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise arising in connection with the performance or
contemplated performance of the conditions of this agreement shall be limited to the monies paid in
respect of your reservation under the conditions of this agreement.
Any vehicle of yours or any third party making use of the property during the period of your
reservation is left at the property entirely at the risk of the owner of the vehicle.
16 Force Majeure
In these terms and conditions “Force Majeure” means any circumstances beyond our reasonable
control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason
of Force Majeure the property is not available at the commencement of the time booked by you or
the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract
but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be
liable for any other claim for loss or damage by you.
17 General
(a) In the event of any conflict between these booking conditions and any other contents of any
brochure or website, these conditions shall prevail.
(b) Words herein denoting the masculine gender shall, where the context so admits be taken to
include the feminine and neuter genders and vice versa.
(c) Words herein denoting the singular shall, where the context so admits be taken to include the
plural and vice versa.
WE REQUIRE THAT OUR GUESTS READ THE FOLLOWING CONDITIONS WHICH SHOULD BE
READ IN CONJUCTION WITH AND FORM PART OF THE BOOKING CONDITIONS. - To behave in such a manner as not to disrupt the enjoyment of other people staying in the near
vicinity or prejudice the reputation of the owner of the property. - Your holiday or that of any third party residing or making use of the property during the period of
your reservation in breach of this clause may be terminated immediately and without Compensation
or any further obligation. Any damage to facilities arising out of misuse or as a result of negligence
and/or failure to follow the instructions herein will be chargeable to you. - The use of candles inside COORIE AWAY is strictly prohibited. Turn off all electrical appliances before going to bed and close all doors.
18 Regulations and Conditions Regarding Pets
We require that our guests read and sign the following conditions which should be read in
conjunction with and form part of the booking conditions.
You agree: - Not to allow any pet upstairs or in bedrooms
- Never to leave any pet unattended in the property or garden.
- To keep your dog on a lead when outside.
- Not to allow any pet on the furniture, especially not the beds.
- To bring all pet bedding required and towels for drying the pet when required.
- To ensure that any pet is clean and dry before allowing inside the property.
- To ensure that pets behave in such a manner as not to disrupt the enjoyment of other people
staying in the vicinity or prejudice the reputation of the owner of the property. - To promptly pick up all dog mess from the garden and to not allow your dog to foul the area of the
playhouse, tyre swing and courtyard.
19 Security and Privacy
The COORIE AWAY will ensure that: - Personal data is only used for the legitimate interests of COORIE AWAY and
does not unduly prejudice the rights and freedoms of the individual in question. - Personal data will be processed fairly and lawfully in accordance with the Data Protection Act.
- They will not process “sensitive” personal data without prior consent from the member.
- Access will be granted to computerised personal data in the form of a computerised “printout”, and
to manual personal data at its discretion. - Information processed is accurate, relevant, current, up to date and not excessive.
- Personal data will be kept only for so long as is necessary for the specified purposes.
20 Disclaimer
Please be forewarned that it is possible to catch computer viruses by accessing a web page or by
downloading or running an infected program. Whilst COORIE AWAY has taken
steps to ensure that the pages on this web site are free from infection, such is the nature of the
Internet that no assurance can be given that the pages of this web site are indeed free from infection.
It is a condition of us allowing you free access that COORIE AWAY will not be liable
for any loss or damage suffered by any person accessing this web site or any third party resulting
directly from the transmission of a computer virus resulting from the accessing of this web site.
Please note that the information available on this web site may be incomplete, out of date or
incorrect. It is therefore essential that you verify all such information with us before taking any action
in reliance upon it. It is a condition of us allowing you free access to the material on this web site that
you accept that we will not be liable for any action you take in reliance on the information on this web
site.
The contents of the pages on this web site are copyright COORIE AWAY. The
copying or incorporation into any other work or part or all of the material available on this web site in
any form is prohibited save that you may: download extracts of the material on the site for your
personal use; or: copy the material on the site for the purpose of sending to individual third parties
for their personal information provided that you acknowledge us as the source of the material and
that you inform the third party that these conditions apply to them and that they must comply with
them.