45 Cumberland Street

TERMS AND CONDITIONS 2009

• Our Contract These are the conditions of the contract between you and Margaret Kingan (“we”). When you book accommodation, a contract is made when you or your travel agent confirm your booking (“the Confirmation Date”). The contract confers on you the right to occupy the accommodation for a holiday only, and in terms of section 12 (schedule 4, paragraph 8) of the Housing (Scotland ) Act 1988 is not an ‘assured tenancy’.
• Acceptance of Conditions By making a booking you accept these conditions on behalf of all the members of the party. You also accept responsibility for paying for the account for the whole stay. You must be at least 21 years old to make a booking for 45 Cumberland Street. The Applicant/Contact must personally stay at the accommodation throughout the holiday. He/she is solely responsible for the whole party. Assignees and sub-tenants are prohibited.
• Bookings All bookings are subject to availability. Initial bookings can be made by email, telephone or in writing (the “Reservation Date”). A firm booking by email or in writing must be made within 7 days accompanied by the deposit. (please see below). A Receipt / Confirmation Note will then be issued by email or in writing by Margaret Kingan. Bookings made four weeks or less before the arrival date must be accompanied by the full holiday price within 7 days of the Reservation Date. We reserve the right to declare the contract void, the deposit forfeit and to re-let the accommodation should the balance not have been received within the time limit.
• Deposits To guarantee a booking, a non-refundable deposit is required within 7 days of the Reservation Date. The deposit for 45 Cumberland Street is 25% of the full price. This can be made by cheque (payable to Margaret Kingan) or by bank/credit card over the telephone to Margaret Kingan. This deposit shall be deducted from the final charge.
• Prices Prices vary depending on availability and time of year, and can also be subject to length of stay. Please read your Confirmation Note once you have received it and check all details are correct.
• Payment The full amount for the holiday must be paid four weeks prior to the Arrival Date, without further reminder from us. (please see Bookings). If full payment is not received four weeks prior to Arrival Date then it may be considered a cancellation of the booking and in this case we reserve the right to make the property available for booking to other parties. We accept most major credit and debit cards (by telephone) and cheques.
• Arrivals 45 Cumberland Street will be available from 4.00pm on the Arrival Date.
• Departures 45 Cumberland Street must be vacated by 10am on the day of departure.
• Keys We will advise you of instructions for accessing 45 Cumberland Street once full payment has been cleared.
• Towels, Bedlinen and Electricity Towels and bed linen are provided for your use at 45 Cumberland Street. Electricity/power is fully inclusive.
  

• Telephone Telephone calls are not included in your price. There is a telephone available for use at 45 Cumberland Street. Please read the instructions at the apartment to enable you to register and pay for any calls.
• Candles are not permitted in this property due to fire safety regulations.
• Minimum stay There may be restrictions on the number of nights you can stay at certain times of the year.
• Insurance Travel Insurance is not included in your package, however we strongly recommend you take out travel insurance. You will indemnify Margaret Kingan against loss, damage or injury sustained to the property or persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.
• Cancellations You must make cancellations directly with Margaret Kingan and then confirm your cancellation in writing/by email. The charge for cancelling your reservation varies depending on how many days before the arrival your written cancellation is received.
  The deposit is non-refundable. Cancellation : 21-28 days before arrival = 50% of total cost retained, 8-20 days before arrival = 75% of total cost retained, 7-0 days before arrival = 100% cost retained.
  We strongly recommend you take out cancellation insurance.
• Classification 45 Cumberland Street is a five star self catering establishment. This grading is based on the current Visit Scotland inspection and accordingly is subject to change in this grading. Any such changes will not result in any changes to the prices of accommodation in agreed contracts.
• VAT There is no VAT chargeable on your stay at 45 Cumberland Street.
• Damage to property Please ensure that you take all reasonable care in the use of the property and its contents including the security of the property and you will report any damages as soon as they occur. We reserve the right to charge for all repairs, losses or replacements necessitated by the negligent act or omission of any of your party, guests or invitees. If necessary this may include an administration charge.
  As far as the law allows, we take no responsibility for loss, damage or injury to you or any of your party as a consequence of this agreement or the occupancy following on thereon.
• Cleaning You are requested to leave the accommodation clean and tidy. We reserve the right to make a charge for extra cleaning if the accommodation is not left in a satisfactory condition.
• Unavailability In the unlikely event that 45 Cumberland Street is not available due to circumstances beyond our control we will refund any monies received from you.

• Numbers The number of occupants must not exceed the number on the booking form.
• Brochure/Website We have done our best to ensure that details are accurate; however we do reserve the right to make modifications if necessary.
• Access We reserve the right of access to 45 Cumberland Street at any reasonable time during your stay for us or our agents.
• Pets We regret we cannot accommodate any animals within 45 Cumberland Street.
• Unreasonable Behaviour Margaret Kingan reserves the right to cancel your stay with immediate effect in respect of any individual or party with whom that individual has reserved a holiday, if we consider that the individual’s behaviour is inappropriate. If the stay has commenced no monies shall be refunded.
• Applicable Law These terms and conditions, and the contract constituted by them, are governed by and shall be constituted in accordance with the laws of Scotland, and the parties tot his contract hereby prorogate the non-exclusive jurisdiction of the Scottish Courts.
• Amendment to Contract Margaret Kingan reserves the right to change, cancel or withdraw any of these terms and conditions or your reservation without entering into communication regarding these changes.
• Privacy Policy We will treat all your Personal Information as confidential. If we are requested by the police or any other regulatory or government authority investigating suspected illegal activities, to provide your Personal Information, we may be obliged to do so.
• Garage All persons using the garage do so at their own risk to themselves and their vehicles and property The owners accept no responsibility for any damage or theft which occurs . We reserve the right to withdraw the availability of the garage at any time.