1. Acceptance of Conditions to the Contract
By making a booking with the Agent, the Hirer accepts
1.1. these terms and conditions ("Ts&Cs") form part of the Hire Contract between the Owner and the Hirer; and
1.2. the Agent acts only as agent for the Owner, contracts on behalf of the Owner only and shall incur no liability in terms of condition 12 of these Ts&Cs.
2. Definitions
"Agent" means ISLE OF MULL COTTAGES LIMITED, a company incorporated under the companies acts (registered number SC477072) and having its registered office at c/o Broombank, North Connel, Oban, Argyll, PA37 1RD;
"Hire Contract" means the contract for hire of the Property as a holiday let for the Hire Period and which includes these Ts&Cs;
"Hire Period" means the length of time the Hirer may occupy the Property as a holiday let, as detailed in the booking made by the Hirer and accepted by the Agent.
"Hirer" means the person making and identified in the booking as such;
"Owner" means the proprietor of the Property as detailed in the title deeds for the Property and as more fully designed in the agency agreement between the Owner and the Agent; and
"Property" means the relevant property which is the subject of the Hire Contract.
3. The Hire
3.1. The Owner and Hirer agree that they have entered into the Hire Contract.
3.2. The Hire Contract gives the Hirer the right to occupy the Property as a holiday let for the Hire Period. The Owner and the Hirer agree that the Hire Contract does not constitute a Short Assured Tenancy within the meaning of the Housing (Scotland) Act 1998, or a Private Residential Tenancy within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016.
3.3. The Hire Period shall not exceed 4 continuous weeks. The Hire will be allowed to occupy the Property from 4pm on the first day of the Hire Period must vacate the Property by 10am on the last day of the Hire Period unless otherwise agreed. The Hire Period cannot be extended without the permission of the Owner or the Agent.
3.4. The Hirer must be one of the party staying in the Property for the Hire Period.
4. Bookings
4.1. Bookings must be made by a person over the age of 18. Bookings will not be accepted from groups of persons under the age of 21 without the prior written consent of the Owner and/or the Agent.
4.2. A booking deposit of 30% of the rental fee is payable within five days of the provisional booking being taken. A £25 booking fee, payable to the Agent with the balance, applies to all bookings and is entirely non-refundable.
4.3. The booking is taken on a provisional basis until the booking deposit has been paid in full. Until the booking is confirmed (upon receipt of a deposit), it can be cancelled by the Owner or the Agent at any time.
4.4. The balance of the total rental fee, along with any breakage deposit, is payable not less than 6 weeks prior to the commencement of the Hire Period. Once a balance payment is made by the Hirer, it can only be returned under the conditions outlined in the cancellation policy set out below (condition 5).
4.5. Bookings made less than 6 weeks prior to the commencement of the Hire Period must be paid in full at the time of booking.
4.6. Failure to pay the deposit or balance of the rental fee in full by the due dates will constitute a cancellation of the booking by the Hirer.
4.7. An additional deposit in respect of breakages may (at the discretion of the Owner and/or the Agent) be payable prior to booking. Any breakages deposit required will be refundable subject to the provisions of Condition 8 below.
5. Cancellations
5.1 Cancellation by the Hirer
5.1.1. In the event of a cancellation by the Hirer, the Agent will endeavour to re-let the Property where possible and, if successful, a proportionate refund of the rental fee will be made, after deduction of a £30 administration fee from the rental fee paid. However, in circumstances where the cancellation is made less than two weeks before arrival, or where the property cannot be re-let for the same period, there will be no refund due. As per the booking conditions, the booking fee of £25, payable to the Agent, is non-refundable.
5.1.2. Cancellation insurance is not included in the booking fee and the Owner and the Agent strongly recommend the Hirer take out holiday cancellation insurance.
5.1.3. Any bank fees for international transfers, incurred by the Agent or Owner as a result of refunding the Hirer, will be deducted from the refund amount due.
5.1.4. The Agent will endeavour to contact the Hirer to arrange their refund, which will be processed using either the card details provided, or bank details for a transfer. The Hirer must respond within a reasonable timescale of one calendar month to the Agent's correspondence for the refund to be processed, or the offer becomes void.
5.2. Cancellation by the Owner
5.2.1. The Owner will endeavour to ensure that the Property is available for the dates booked. In the unlikely event the Property becomes unavailable and the Owner has to cancel the booking, the Agent will endeavour to find the Hirer and the Hirer’s party suitable alternative accommodation (but cannot guarantee to provide an alternative). If suitable alternative accommodation cannot be found, the Hirer shall be entitled to a full refund of the rental fee. The Owner shall be liable to return all monies received in respect of the rental fee paid, including the Agent’s commission.
6. Property Description
6.1. The Hirer accepts that the Agent grants no warranty in their description of the Property. Whilst every care is taken to provide an accurate description of the Property, alterations by the Owner are occasionally made to the Property and some aspects may change. The Hirer accepts that no refunds are available for such changes and that no liability attaches to the Agent for any such change.
6.2 Isle of Mull services are a little less reliable than those on the mainland. Owing to the remote location, the Owner and Agent can offer no warranty as to availability of television channels, WiFi, mobile reception, mobile data or other communication services.
7. Use of the Property
7.1. The Property shall be used as a holiday let only and for no other purpose. The Hirer shall not use the Property for Stag (bachelor) or Hen (bachelorette) parties, except with the prior written agreement of the Owner or the Agent.
7.2. The Hirer undertakes that the Hirer's party will not exceed the occupancy limit detailed in the description of the Property and can be refused entry if the contract of hire is breached in this respect with no refund due.
7.3. The Hirer undertakes not to sublet or grant any other rights of occupancy in respect of the Property at any time.
7.4. The Hirer undertakes that the Hirer and every member of his/her party shall act in a courteous and considerate manner in respect of their use of the Property throughout the Hire Period. The Owner and/or the Agent is entitled to insist that the Hirer, his/her party or any member of said party leave the Property without any refund if, in the reasonable opinion of the Owner or the Agent, the behaviour of the Hirer and/or his/her party is unacceptable.
7.5. Candles are not permitted in the Property save in the event of being required in an emergency.
7.6. The storage and/or use of fireworks are not permitted at the Property expect with the prior written consent of the Owner and/or the Agent.
7.7. If the Hirer keeps an electric vehicle at the Property, they must gain permission from the Owner and use designated charging points (where available) and manufacturer approved cables for charging any vehicle at the property. The Owner reserves the right to charge additional fees for this extra service, and/or refuse to allow electric vehicles to be charged if they do not think it is suitable/safe to do so. Any damage to the electric system at the Property, through incorrect use or overload of the system will be the responsibility of the Hirer.
7.8. The Hirer shall respect neighbouring properties by keeping noise to reasonable levels at all times and at a minimum between the hours of 10pm and 8am. The Hirer must ensure that any vehicle belonging to them is parked lawfully and does not obstruct any neighbouring properties. The Hirer shall respect the privacy and security of neighbours and shall adhere to any rules regarding shared entrances or gates.
7.9. The Hirer shall not first arrive after 11pm or finally depart before 7am, where reasonably possible, to avoid undue disturbance to neighbouring residents.
8. Property Condition
8.1. The condition of the Property is at all times the responsibility of the Owner and the Hirer between them, in accordance with their rights and responsibilities set out in these Ts&Cs.
8.2. The Hirer accepts the accommodation in its current state at the commencement of the Hire Period and shall keep the Property clean and tidy. The Owner and Agent reserve the right to refuse a subsequent booking from guests if any Property is not left in a satisfactory state on departure.
8.3. The Hirer will make every effort to keep the Property, fixtures and fittings and all contents in the same state of repair and condition as at the start of the commencement of the Hire Period. Any accidental damage or breakages should be reported to the Agent prior to the end of the Hire Period.
8.4. The Hirer shall be liable to the Owner for any loss, costs, expenses or claims arising from any damage caused to the Property and/or its fixtures and fittings and/or its contents by the Hirer or of any of the Hirer's party (excepting fair wear and tear and minor breakages at the discretion of the Owner or the Agent). If, as a result of such damage, the Property and/or its fixtures and fittings and/or any of its contents need to be repaired or replaced, the Hirer shall be responsible for reimbursing the Owner's reasonable costs of doing so.
8.5. No smoking is allowed in the Property at any time.
8.6. The Owner retains the right to request an additional payment from the Hirer for a housekeeping surcharge should the Property not be left in a similar condition to that at the start of the Hire Period, and where charges have been incurred for additional housekeeping time or damages.
8.7. The Owner reserves the right for the Owner and/or the Agent to enter the Property at any reasonable time on giving reasonable prior notice (and at any time without notice in the case of an emergency) to inspect the Property and the Hirer's compliance with these Ts&Cs. The Owner also reserves the right to allow tradespeople to access to the Property for maintenence of essential services where necessary.
9. Pets
9.1. Dogs are only allowed in the Property subject to the Owner's or the Agent's prior agreement. A non-refundable fee is payable and the amount due is shown in the Property description. All dogs must be house trained and the number and type of dogs must not exceed what was agreed with the Owner or the Agent.
9.2. Dogs must not be left unaccompanied in the Property for any prolonged period of time and must not be allowed in the bedrooms or on the furniture in the Property. The Hirer shall tidy up after their pet and not leave any dog mess in the Property garden or grounds.
9.3. The Hirer shall be liable for all damage caused by his/her dog or any dog belonging to anyone who is part of or who is visiting the Hirer's party.
9.4. A charge will be made for any additional cleaning required as a result of any dog(s) staying at the Property during the Hire Period.
9.5. The Owner and the Agent cannot be held responsible for any accident or injury to any dog(s).
10. Additional Services
10.1. Additional items or services may be available by contacting the Agent and the provision of such items and/or services may incur an additional charge. Where such items or services are provided by the Owner or the Agent on the Owner's behalf, the Owner shall have sole responsibility for such items and/or services. The Agent offers no warranty for items or services provided by the Owner.
10.2. Where additional items and/or services are provided by a third party, the Owner and the Agent offer no warranty as to the suitability or standard of such services and accept no liability in respect of such services.
11. Force Majeure and Travel Disruption
Neither the Agent nor Owner will, either jointly or individually, accept any liability to the Hirer or pay any compensation when the Owner is unable to make the property available on the booking day due to an event beyond the reasonable control of either party. This could be owing to family circumstances, or an unexpected event, such as a pandemic, epidemic, fire, war, terrorist act, social unrest or natural disaster. This extends to the ferry service being made unavailable for any reason (or any other travel to the property which is disrupted or cancelled).
12. Liability
No responsibility is accepted by the Agent for any accident, injury or mishap to persons while occupying the Property, or whilst engaged in any activity therefrom. The Agent and Owner will not be held responsible for any temporary or unexpected condition of the Property or its services (water, electricity, WiFi etc) as a result of extreme weather conditions or any other factors out with their control.
13. Complaints
13.1 Please note that we act only as an Agent for the Owner (not as a property manager) and so cannot accept any legal responsibility for your complaint. The complaint relates to the contract between the Hirer and the Owner, as set out in these terms and conditions. As the Agent, we will endeavour to do our best to resolve any complaint fairly between the Owner and Hirer.
13.1. All complaints must first be referred to the Agent during the Hire Period, by the Hirer (not a third party), to allow remedial action to be taken as quickly as possible. It is essential that guests contact the Agent immediately if any problem arises and that the Owner is given the opportunity to resolve the matter for the Hirer, as soon as is reasonably practicable. In no circumstances can a complaint be raised after the Hire Period has ended, should the Hirer fail to advise the Agent of a problem during the Hire Period.
13.2. Where additional items and/or services are provided by a third party during your stay, the Owner and the Agent offer no warranty as to the suitability or standard of such services and accept no liability in respect of such services.
13.3. If a refund of the rental fee is offered by the Owner as a result of any complaint, the Hirer will be given seven days to decide whether to accept the offer in conclusion of the matter. No further action or refund will be considered after a refund has been accepted and any refund agreed will be processed at the end of the Hirer's stay by the Agent.
14. Data Protection
The Hirer agrees that information requested by or provided to the Owner or the Agent for the purposes of the booking will only be used by the Owner and the Agent in accordance with the General Data Protection Regulation and for the purpose of the booking and the provision of any services connected thereto, and further agrees that the Agent may use information provided for updating the Owner's or the Agents records and for contacting the Hirer for marketing purposes all in accordance with the Agent's Privacy Notice (which can be view on the Agent's website - http://www.isleofmullcottages.com/privacy-policy.html). The Hirer acknowledges that the Owner and the Agent are entitled to pass the information to third parties where required to do so by law.