Hebridean Home Letting Agreement and Terms and Conditions of Let.
This Letting Agreement is governed by Scottish law with Scottish Courts having exclusive jurisdiction.
WE CANNOT STRONGLY EMPHASISE ENOUGH THAT YOU SHOULD ACQUIRE TRAVEL INSURANCE TO PROTECT YOU AGAINST ANY OCCURANCE SUCH AS, BUT NOT LIMITED TO, CANCELLATION OF TRAVEL SERVICES, INABILITY TO GET TO THE ISLAND BY LAND, SEA OR AIR, AMENDED TRAVEL COSTS, ADDITIONAL NIGHTS STAY COSTS, HOSPITALISATION REQUIREMENTS AN SO FORTH. WE ARE UNABLE TO PROVIDE REFUNDS FOR THE FAILURE OF OTHER SERVICES EFFECTING YOUR ABILITY TO FULFIL THE LETTING AGREEMENT
|This agreement is dated:
|7th May 2022
|The “Owner” is:
|Malcolm Walker, Hebridean Home, 7 Brue, Isle of Lewis, HS2 0QW
|The “Holiday Maker” is:
|Identified on your booking agreement
A very important part of these terms is the cancellation agreement. This can be found in Section 7 and should be read and understood before you proceed with a booking.
Every reference in this agreement to the “Holiday Maker”, includes every person whom he allows to come onto the Property during the letting period. The Holiday Maker accepts that he/she is personally responsible for every such person.
Every reference in this agreement to the “booking agreement” refers to every booking made through one of our booking partners usually, but not limited to, Airbnb.com and their partners, VRBO.com and their partners, tripadvisor.com and their partners and directly with the Owner.
The Owner lets the Property and the Holiday Maker takes the Property to occupy for a holiday for the rent, on the terms set out in this agreement.
The acceptance of these terms and conditions of booking will be deemed to be accepted at the point the Holiday Maker shall pay a deposit, a percentage of the overall cost of the let. At that point the terms and conditions will be deemed to be accepted by everyone the Holiday Maker allows to come onto the Property during the letting period.
The terms and conditions of the tenancy are:
- The Property is: the house known as Hebridean Home, 7 Brue, Isle of Lewis, HS2 0QW
The “Property” includes:
- the furniture, fixtures and fittings specified in the inventory;
- the use of any rights of access, path, drive, garden, croft, any common parts and any other things reasonably necessary for the enjoyment of the property and which the Owner can grant.
- The letting period is set out in the booking agreement made by the Holiday Maker via our webpage on Airbnb.com, VRBO.com and tripadvisor.com or directly with us.
- Check in and check out times are determined in the booking agreement or by prior arrangement with the Owner.
- The rent is: stated on your booking agreement, all of which must be paid at least 30 days prior to the start of the letting.
- The maximum occupancy is: 8 people. There are limits on the types of groups that are able to stay in the property.
- We do not allow hen or stag party groups
- All payments shall be made only by debit or credit card or direct bank transfer. No cash or cheque payments will be accepted.
- A booking can only be cancelled 30 days before the letting period.
- Cancellations must be conducted by the Holiday Maker via the booking agreement providers website or other means as indicated by them.
- Cancellation Charges are as follows:
- The deposit (15% of the total cost): Where cancellation notice is received after the booking deposit has been paid. The booking deposit is non-refundable.
- 100% of the total cost: Where cancellation notice is received after the balance is due and/or been paid and it is 30 days or less prior to the letting start date then the Holiday Maker shall be liable for 100% of the cost of booking.
- It is extremely unlikely that the Owner cancels a confirmed booking. If however, for reasons beyond the reasonable control of the Owner, the property is no longer available, the Owner reserves the right to cancel a booking. In this event, the Owner will advise the Holiday Maker as soon as possible and as long as the cancellation is not the result of Force Majeure a full refund will be provided.
- The booking deposit
- The Holiday Maker is required to pay an initial deposit payment of 15% of the total cost of the holiday (note that booking agreements may charge a service fee and a higher deposit percentage and this may vary according to their own Terms and Conditions). If the booking confirmation date is within 90 days, but more than 30 days, of the arrival date, the Owner shall require 50% of the holiday cost to be settled. If the booking confirmation date is within 30 days of the arrival date, the Owner shall require full payment of the let and any charges for additional services that might be due. Booking agreements may charge at different rates at different times and these may vary according to their own Terms and Conditions.
- The security deposit
- The Holiday Maker will pay a security deposit of £100 before the start of the letting, against the cost to the Owner of any breach of this agreement.
- The Owner will return the deposit to the Holiday Maker after deduction of any money due to the Owner, within 10 days of the end of the holiday not including any bank processing time required to facilitate the return.
- If the Owner is entitled to make deductions for more than one item, he can allocate the deposit payment to any item of his choice.
- The balance of payment
- Payment of the balance of funds for the let will be subject to the booking agreement but in all cases will be, by cleared funds, 30 days prior to the start of the let.
- If funds are not received by that time the Owner reserves the right to cancel the booking without the requirement to inform the Holiday Maker although every effort will be made to do so prior to the start of the let.
- Amending a booking
- All amendments to booking agreements must be made through the original booking agreement provider. Changes may be subject to fees charged by the booking agreement provider.
- Holiday Makers promises
In this paragraph, a promise by the Holiday Maker not to do something also implies that the Holiday Maker will not allow anyone else to do that same thing. The Holiday Maker now promises that he will:
- keep the interior of the Property in clean and good repair and condition;
- clean and keep free from blockages and obstructions all baths, sinks, lavatories, cisterns, drains, gutters, pipes, chimneys and the like;
- not dispose of “wet wipes”, disposable nappies or other items of personal hygiene down the lavatory;
- keep clean the carpets, curtains and all other items in the inventory;
- keep clean the insides of all windows and replace any which break for any reason;
- pay for any necessary repairs or replacement goods damaged during the letting period;
- use the Property only as a holiday home for no more people than the maximum occupancy stated above and will not operate a business at the property or use it for any improper, immoral or illegal purpose;
- not assign, sublet, charge or part with or share possession or occupation of all or part of the Property;
- not cause nuisance or annoyance to the Owner, other Holiday Makers or any neighbour;
- not change or remove any of the Owner’s furniture, fixtures and fittings or items on the inventory;
- not change or install any locks on any doors or windows nor have additional keys made for any locks without the prior written consent of the Owner;
- not keep or allow pets of any kind on the Property without the express prior permission of the owner; arriving with pets at the property without permission will result in the cancellation of your booking and denial of the let without cost to the Owner;
- If permitted, they are to be kept under control at all times.
- The Holiday Maker is responsible for any damage caused by pets whether inside or outside the property. If extra cleaning is required as a result of a Holiday Maker having pets in the property, this may be deducted from the Security deposit.
- Holiday Makers must not allow their pets into bedrooms or on the furniture.
- The Owner cannot accept responsibility for pet safety.
- Holiday Makers are not to leave pets unsupervised at or in the property at any time.
- Holiday Makers shall dispose of pet faeces in a clean and sanitary manner. If extra cleaning is required as a result of a Holiday Maker having pets in or around the property, this may be deducted from the Security deposit
- report to the Owner any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances;
- allow the Owner, his agent or contractors access to the Property at reasonable hours during the day, or to carry out urgent and unforeseen repairs or other works to the Property or to carry out maintenance of the appliances. The Owner will normally give at least 12 hours notice but the Holiday Maker will give immediate access in an emergency;
- whenever the Property is left unattended, the Holiday Maker will fasten all locks to all doors and windows and activate any burglar alarm, to prevent unauthorised access to the Property;
- not sell or transfer the booking to another party
- Owner’s promises
The Owner now promises that he will:
- comply with all of his statutory obligations;
- pay all the costs of ownership in relation to the Property including the cost of all services now installed at the Property and used by the Holiday Maker during the holiday;
- provided the Holiday Maker performs the obligations set out in this agreement not interrupt or interfere with the Holiday Maker’s right to quiet possession and enjoyment of the Property.
- Smoking is not permitted anywhere in the property or on the grounds of the property.
- The Owner will maintain whatever insurances he wishes against any risk relating to the property. He will not insure anything owned by the Holiday Maker.
- The Holiday Maker will not do, nor allow anyone else to do, anything that could adversely affect the Owner’s insurance of the Property.
- If the Holiday Maker does anything that prejudices the Owner’s insurance, he will be liable to the Owner for any resulting loss.
- Holiday Maker’s departure
At the end of the tenancy the Holiday Maker will:
- immediately return all the keys of the Property to the Owner or comply with such arrangements for the return of the keys as the Owner reasonably suggests before the commencement of the tenancy;
- remove all personal effects and rubbish and leave the Property and the Owner’s fixtures and fittings in the same clean condition and state of repair as at the start of the tenancy, fair wear and tear excepted. Note that rubbish should be placed into the correct rubbish bin at the rear of the property.
- Inventory check and return of deposit
- At the end of the tenancy the Owner will check the inventory room by room. Any damage will be evidenced by photos.
- If the Owner is not satisfied as to the condition of a room or anything in it, the Owner may propose a deduction of a sum from the deposit, in order to put the matter right. The Owner must provide a written breakdown of any deduction proposed.
- If the Holiday Maker does not agree to the sum claimed, the Owner will obtain a written quotation for the cost of rectification from a contractor not connected to him.
- The Owner may then accept the quotation and pay for the work. He must then provide copies of the quotation and the subsequent invoice to the Holiday Maker. He may then deduct the sum paid from the deposit.
- The deposit or the balance of the deposit shall be returned to the Holiday Maker within 10 days of the Holiday Maker vacating the Property or, in special circumstances, as soon as possible, with the reasons for the delay provided in writing to the Holiday Maker.
- The Owner shall not be liable for any act, neglect or default on the part of the Owners or any other person not within the employ of the Owner or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Holiday Maker or any other person may suffer or incur arising out of, or in any way connected with the rental accommodation unless the Owner is responsible. In addition, the Owner accepts no liability for loss of or damage to a Client’s possessions on the Owner’s property or land.
- Nothing in these terms and conditions excludes or limits the liability of the Owner: for death or personal injury caused by the Owner’s negligence; or for any matter which it would be illegal for the Owner to exclude or attempt to exclude their liability.
- Whilst the Owner does not exclude or limit our liability for loss or damage sustained by Clients as a result of negligence by the Owner’s employees or agents, this cannot extend to actions/omissions at the property over which the Owner has no direct control such as, but not limited to, delivery persons or neighbours.
- The Owner, its employees and agents shall not, except if caused by our negligence or breach of these Booking Conditions, be under any liability to the Holiday Maker or third parties for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred or arise out of or in any way connected with the let.
- Force Majeure
- Hebridean Home cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to force majeure. Force majeure is any event which the Owner could not, even with all due care and attention, avoid. Such events may include but are not limited to war or threat of war, civil strife, natural or nuclear disaster, industrial dispute, terrorist activity, fire, adverse weather conditions, unforeseen local building or road-works, unavoidable technical problems with transport, closure or congestion of airports or ports, cancellations or changes of schedule by scheduled airlines and all similar circumstances beyond our control including actions resulting from a pandemic in force at the time.