Booking Terms and Conditions for Airhouses
Please ensure that you read the following terms of service carefully and these form part of your agreement with us which creates legally binding obligations.
As with all terms and conditions, there are a lot of points, which should be read carefully and understood prior to giving a deposit to go ahead with your booking. You should therefore ensure that you read and understand these before making a binding commitment.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 7 (LIABILITY FOR LOSS OR DAMAGE TO PROPERTY).
1. The Contract
The contract for a short term holiday rental will be between Airhouses (M.W. and C.A. Houghton trading as “Airhouses”), referred to as “us”, “we” or “our”, and the person taking then booking and all members of the holiday party, referred to as “you” or “your”, in the following booking terms and conditions.
As our properties are located in Scotland, you and we agree that the laws of Scotland will govern our contract with you (the “Contract”) and that any dispute arising shall be resolved in the Scottish Courts. If any individual term or clause stated in these terms and conditions held to be invalid, impermissible or unenforceable permissible by law, the remaining terms shall be unaffected and shall remain valid.
The Contract will not come into force until we have received the Deposit referred to in Clause 2 below. The Contract will be subject to these booking terms and conditions which must be complied with. The person booking must be at least 18 years of age at the time of booking and prior to arrival we must be provided with a full list containing the names, ages and contact details of all guests (which we will hold subject to Clause 13 below). As the lead guest you are responsible for ALL of the people in your party staying with us and shall be deemed to hold full authority to act as such on their behalf. Please carefully read the terms and conditions detailed below as YOU are accepting that you are aware and agree to all of the information and take full responsibility for your ENTIRE group or party ( the “Guests”).
Guests are responsible for taking note of all government policies in place regarding travel or location restrictions due to public health or related measures. We cannot police this and ask therefore that you risk assess your own party and decide for yourself if your group is appropriate. We cannot accept responsibility for any loss or damage if cancellation becomes necessary, including the forfeiture of any deposit or other payment made by or due from you to Us
You must be able to show photo identification (a driver’s licence, passport or national ID card) and the credit or debit card used to make your booking if requested by Us.
Your booking is not transferable.
Please do contact us immediately if you think that there is a mistake in your reservation or if you require any changes to a confirmed reservation.
2. Deposit and Payment
Your booking (“Booking”) may be placed over the telephone, by email, or directly on our online reservation system. Where your Booking is communicated to us by telephone or by email, we will enter it onto our online reservation system, which will automatically generate an email to you. However, this does not mean the Booking is yet confirmed or that a Contract is yet in force between us and you.
Your Booking will only be confirmed and our Contract will only come into force once we have received payment in cleared funds of a deposit of thirty percent (30%) of the full cost of your Booking, (the “Deposit”).
The Deposit must be paid within 24 hours of the booking being placed. All Deposits are provided as security for the payment for accommodation with Us and as compensation to Us in the event of a cancellation by you which is not permitted by the terms of our agreement and are therefore strictly non-refundable except as expressly provided otherwise in these terms and conditions.
The balance of the rental will be due for payment 60 days (sixty) prior to your holiday commencement date (the “Holiday Commencement Date”).
If for any reason we are unable to take payment of the balance by the due date and you are unable to promptly rearrange payment, or we cannot make contact with you to arrange for any outstanding or overdue payment to be made, we will be entitled to treat that as your intention to cancel the Booking. If your Booking is made less than 60 days prior to the Holiday Commencement Date then your Booking will only be confirmed and our Contract will only come into force once we have received payment in full for the Booking in cleared funds.
No entry to our properties for any Guest will be allowed without payment in full being cleared beforehand.
We accept payment by most credit or debit cards and by bank transfer.
Fully Refundable Price
If you are unable to travel because of a national lockdown or because you are put into a tier where you are not allowed to travel, we will refund in full. This applies only to the address given on the booking form at the time of booking and when travel restrictions coincide with the start of your holiday at Airhouses.
This does not apply if you or a member of your party is unable to travel because you are suffering from Covid, or you have to self isolate. We recommend you take out your own Travel Insurance to cover this.
Any other Cancellations are covered as below:
a) All bookings made from the 18th October 2021 have cancellation cover included. This cover does not include cancellations due to terrorism, war, epidemic, pandemic (this exclusion applies to cancellation arising from illness due to Covid, the need to self isolate or government travel restrictions.
b) Cancellations must be notified to us by email and must be made a minimum of 48 hours before check in time.
c) If you cancel up to and including 2 days before check in date, you will receive 95% refund of the accommodation costs you have paid, including any optional extras.
d). Refunds will be made on the date of your departure.
e) Cancellations made within the 2 days of your arrival will not be refunded. For example, if you are due to arrive on a Friday you would need to cancel before 4.30pm on the Wednesday.
f) For this reason we do strongly recommend you take out your own travel insurance for UK holidays which covers booking cancellations.
4. Cancellation by us for reasons beyond our reasonable control (“Force Majeure”)
We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, including without limitation COVID-19 (Coronavirus), SARS and any mutation or variation thereof or any similar virus or disease, destruction/damage, internetor other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property) damage to the venue, loss of services such as electricity, gas, sewage, weather, fire or failure of sub-contractors or suppliers).
If for any reason beyond our reasonable control we are forced to cancel your Booking (or bring it to an end early) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be due or payable.
5. Period and other terms of hire
The period from the Holiday Commencement Date to the day of departure set out in the Booking (the “Holiday Departure Date”) is the “Holiday Period”.
Unless expressly agreed by us in writing, you should not arrive before 4pm on the Holiday Commencement Date, and you must leave and vacate the property by 10am on the Holiday Departure Date. Failure to do so may 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 for a longer period except with our express written agreement.
The Contract to stay in the property for the holiday period, does not create the relationship of Landlord and Tenant between the parties.
This Contract relates to a “holiday let” the purpose of which is to confer on you as a holidaymaker the right to occupy our property for a holiday only and not further or otherwise. You shall not be entitled to any private residential tenancy or other tenancy, assured short hold or assured tenancy, lease, licence or other right to occupy (exclusive or otherwise) , nor shall you obtain any security of tenure under any applicable law including but not limited to under the Private Housing (Tenancies) (Scotland) Act 2016 now or at the end of the Holiday Period. You may not sub-let the property.
In the event that you are required, in accordance with guidelines imposed by the UK and Scottish Governments at any time in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)) or similar, or in each case, any mutation or variation thereof, to self-isolate at the property you will be responsible for the cost of (i) any additional nights that exceed the Holiday Period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.
6. Number of Persons Using the Property.
Under no circumstances may more than the maximum number of persons stated on our website occupy the property. We reserve the right to refuse admittance or require you to leave our property if this condition is not observed. Any persons other than members of your party, whose names are on the booking form, must not use our accommodation or facilities.
7. Our Liability
We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.
Liability for Loss or damage to property
Other than for death or personal injury caused by our proven negligence, Our liability to the Guest is expressly limited to, and our total liability to you for any and all losses shall not exceed, the price of the booking. With the exception of such liability each Guest hereby expressly indemnifies and holds Us harmless from and against any and all liability and any claims, proceedings or damages resulting or arising directly or indirectly from the booking, event or function, the Guest, guests or any outside contractors of the Guest.
Guests are directly responsible for any loss or damage caused to the allocated accommodation, furnishings, utensils and equipment in them by any act, omission, default or neglect of the Guest and will pay to Us on demand the amount required to make good or remedy any such loss or damage.
We will not be liable for any losses including any loss or damage to any property, equipment, stock, vehicles or possessions brought to the venue by the customer or the customers guests, employees, contractors, agents, suppliers or hired by Us on the Guests’ behalf.which are not caused by either a breach of these terms by us, our non-compliance with our duties under applicable legislation or our negligence. We will also not be liable for any losses which were not foreseeable to both parties when the contract was formed. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the booking process.
8. 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 a reasonable clean and tidy condition at the end of the rental period. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.
Smoking is not allowed in any of our properties.
No music is to be played outside at any time.
You must ensure the property is securely locked when not occupied by you.
9. Damages or breakages
You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand. Any damages or breakages will have to be paid for in full on demand within seven (7) days of notification in writing (although we would not charge you for the odd glass or plate). We recommend that you have appropriate insurance in place to cover this.
10. Wifi and Internet
Free Wi-Fi and broadband internet is provided for your reasonable use and may be subject to separate terms and conditions. You agree to reasonable and lawful usage of this service. We will not be liable for slow connections or for any interruptions to or the failure of this service.
11. Right of Entry
As a Guest, You do not have exclusive possession and We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you to return (and to recommend us to your friends!). We live nearby, and will do our best to resolve any problem.
13. Data Privacy Statement
14. Drones, Night Lanterns, Fireworks, Candles
The use of drones is not allowed without our express written permission. Fireworks are not allowed. Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.
Care must be taken when using candles and we ask that nothing is attached to the walls, ceilings, doors or door frames such as party decorations.
15. Hot Tubs
Safety Guidelines, which are on the app which will be sent on payment of the balance, must be adhered to at all times and children are not allowed in the hot tub without adult supervision.
Weber Charcoal BBQs can be ordered for the Lamont, Buchanan, Ramsay and The Lodge from April to October. There is an additional charge of £30. The bbq can be ordered during the booking process. A starter pack of Dorset Charcoal is provided and additional bags can be purchased.
Only our own BBQs with the supplied charcoal are permitted to be used.
The BBQ must be used on the lower decking in the case of the Lamont, Buchanan and Lodge and on the rear decking for the Ramsay.
Dorset Charcoal is provided for the Capercaillie and the Rowan BBQ Huts all year round.
No additional cooking equipment, disposable bbqs, gas of any sort, is permitted.
We only allow dogs, and only when have they been booked in and paid for. (£35 per dog, per week or part week/per property entered). We allow a maximum of two (2) dogs per property.
Dogs must be house-trained, kept under proper control and not allowed on the furniture, and especially the beds, nor left unattended in the property. Dog hairs are to be removed from carpets and all dog waste collected and disposed of. Dog owners will be held responsible for any damage caused to the property, contents or garden by their dog and for any extra cleaning required (usually at least £50).
When out walking within the property grounds/estate, you must ensure that dogs are kept on a lead except where indicated. Dogs must not be allowed to disturb livestock, deer or game birds.
We reserve the right to seek details of any dogs in advance and to refuse permission for them to be brought to the accommodation for any reason, including if they are considered unsuitable in character, size or behaviour, bark continuously, or are liable to be a nuisance or danger to us, our neighbours or other guests and to local wildlife and livestock.
18. Care of Your Property
If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to ask you to arrange a courier collection such as My Hermes. Depending on the articles, there may be a charge for packaging.
At the current time if the articles are clothing or similar, they will be disposed of for the safety of our staff.
We will dispose of any unclaimed property after three (3) months.
Airhouses 18th October 2021