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In these booking conditions ‘Agent’, ‘We’, ‘Our’ or ‘Us’ means Gael Holiday Homes and/or Booking-Admin.com. ‘Owner’ means the owner of the holiday home, cottage, apartment or log cabin. ‘Property’ and ‘Accommodation’ means the holiday home, cottage, apartment or log cabin. ‘Booking’ means the rental period that has been booked. ‘You’ and ‘your’ and ‘guest’ or ‘guests’ means all people named on the booking form (including anyone who is added or replaced at a later date) or authorised to stay as agreed in advance by the ‘Owner’ or ‘Agent’. Gael Holiday Homes and Booking-Admin.com are trading names of Gael Property Care Ltd.
You agree that the property is let to you to be used for the purposes of a holiday only and you so accept that the letting is a holiday let to which Section 12 (2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 applies, namely, “a tenancy the purpose of which is to confer on the tenant the right to occupy the house for a holiday.”
The lead guest, who has placed the booking, must be over 21 years of age.
Information you provide may be forwarded to the Owner of the Property who may contact you with regard to your forthcoming Booking.
Gael Holiday Homes act on behalf of the Owner/s of the Accommodation as an Agent for the purposes of marketing and online financial Booking transactions. Accordingly, any contract made is between the person making the Booking (the Guest) and the Property ‘Owner’. A contract will be entered into on the issue by Gael Holiday Homes of a Booking confirmation. Guests will not enter into a formal tenancy agreement on confirmation of a rental with the property owner. Rental will be made available per Section12 (2), paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988.
Bookings are only available in relation to Accommodation and do not include any flights, transport or transfers to the Property. The Agent or Owners work with local management companies to provide the Guest with a point of contact during their stay at the Accommodation.
1. Prices: We keep the prices under constant review and the prices of unsold dates may be increased or reduced at any time. We may also correct mistakes in the pricing of unsold dates at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check all details at the time of booking. All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made. We can pass on to you, in full, after we have confirmed your booking, all costs or charges the Owner makes to us which are connected with your Booking. All prices are for the property and are not on a per person basis.
We can charge a booking fee for the services we provide in administering your booking. Any booking fee will be stated on our website.
2. Payments for Holiday Cottages, Log Cabins and Holiday Homes
A. Deposit: A deposit of 25% of the total amount is required to secure a Booking. This applies to all Bookings. The Booking is secured once we have successfully charged the nominated credit/debit card or we receive the deposit funds by bank transfer. The remaining 75% of the outstanding balance will be due exactly 6 weeks prior to arrival. For Bookings placed less than 6 weeks prior to the arrival date full payment is required at the time of the Booking including any applicable security deposit.
Final Payment: The full balance of the total accommodation cost will be payable not later than 6 weeks prior to the date of arrival. If the full balance is not paid on time, we will notify you of this breach of contract and you will have 5 working days to remedy the breach. We will be entitled to levy a handling charge of 3.5% on the final payment if it is not received by the due date and if late payment exceeds 7 days; If the breach is still not remedied, we reserve the right to cancel the Booking retain the deposit as compensation for the damages and any other costs incurring in connection with the contract.
Payment by credit card will be processed through ‘Gael Property Care Ltd’.
Once a booking has been placed by you there will be a 24 hour period in which you may change dates for the same property, subject to availability, or cancel a booking and be refunded the full amount paid less any credit card fees paid (2.5%).
B. Refundable Security Deposit: An Owner may wish to ask for a refundable security deposit which will be added to any final balance payment you will be due. A refundable security deposit is a refundable deposit which reflects your agreement to leave the Property and its contents in the condition in which you found it and to abide by other conditions as detailed in this agreement. The refundable security deposit will be refunded within 7 days of the end of your stay subject to there being no claim on it.
C. Booking Fee: A fee of £18.00 (inc VAT) is charged and is non-refundable in the event of cancellation.
D. Cancellation: If you have to cancel the Accommodation Booking for any reason you must notify us immediately. The cancellation will be acknowledged by us by email or in writing. Once a booking is confirmed you are liable for the full cost. However, there is a 24 hour period in which you may change dates for the same property, subject to availability, or cancel a booking and be refunded the full amount paid less any credit card fees paid (2.5%). It is expected that you take out appropriate cancellation insurance to cover any cancellation. Where cancellation insurance does not provide cover if the booked property can be re-let for the same period for the same price then you would receive a refund of the rental amount paid less the booking fee plus an administration fee of £30 and less any credit card fees paid (2.5%).
3. Payments for Apartments & Daily Rental Accommodation
A. Payment: A deposit of 25% of the total amount is required to secure a Booking on the day of booking. The final balance will be due no later than 5 days prior to your arrival.
B. Cancellation: If you have to cancel the Accommodation Booking for any reason you must notify us immediately. The cancellation is effective from the date we receive the email/written notification. The cancellation will be acknowledged by us by email or in writing. The deposit payment will not be refundable in any event. If the cancellation is made up to (but not including) 5 days prior to the start date of the Accommodation Booking then the final balance will not need to be paid. If the Accommodation Booking has been paid already in full, and this has been made more than 5 days prior to arrival, then you will be entitled to a refund of the final balance payment less an administrative cost of £30. If the cancellation is within 5 days of the start date of the Accommodation Booking then you will not be entitled to any refund.
C. Booking Fee: A fee of £18.00 (inc VAT) is charged and is non-refundable in the event of cancellation.
4. Cancellation Protection: When you make a booking on our website or by phoning our booking office you may be offered the option of Booking Protect which is a refund protection product. It entitles you to apply for a refund in certain predefined circumstances in the event that you have to cancel your booking. We offer this product on behalf of Booking Protect Ltd. In event of a claim you would contact Booking Protect directly as the contract of refund protection would be between you and Booking Protect Ltd and not us. Full terms and conditions, and level of cover, will be available to view in advance. It will be your responsibility to review and accept these prior to taking out the refund protection.
5. VAT: Booking contracts are between the Guests and Owners, who may not be VAT registered. Therefore we, as Agent, are unable to provide a VAT invoice for the rental paid. The Booking fee and any credit card payment supplements are charged by us and are subject to VAT for which a VAT invoice for these amounts can be issued if requested.
6. No refunds will be given for early departure. Depending on the reason for cancellation, you may be entitled to claim from any cancellation policy or holiday home insurance you have. We strongly recommend that you take out Cancellation Insurance.
7. Payment Fees : Payments made by debit card and UK bank account transfers are not subject to a fee. Payments made by credit card through our website are subject to a supplemental charge of 2.5%. All card transactions not made through our secure payment server on our website are subject to a supplement of 0.5% as an addition to that detailed above. All payments made through our website are processed through Verified by Visa / MasterCard SecureCode and do not attract this additional fee. Refunds on Refundable Security Deposit will not include any card payment fees already paid.
8. Your Property
A. Access & Departure for Holiday Cottages, Log Cabins and Holiday Homes: The Accommodation will be available from 4pm onwards on the agreed arrival date. Departure time is by 10am, in order to be able to prepare and maintain the Accommodation to a high standard for the next Guest. As key collection in many Properties is via a key safe at the Property, and Owners do not have a meet and greet service, arrival and departure times are agreed in good faith. An element or the whole amount of a refundable security deposit may be charged if you arrive before the arrival time of 4pm or you check out later than 10am if this has not been agreed in advance.
B. Access & Departure for Apartments and Daily Rental accommodation: The Accommodation will be available from 3pm onwards on the agreed arrival date. Departure time is by 10am, in order to be able to prepare and maintain the Accommodation to a high standard for the next Guest. A charge may be levied if you arrive early or leave late if not agreed in advance with us.
C. Late arrival: If you fail to arrive by 12 noon on the day after the start date of your rental period and you have not let either us or the Owners representative know you are arriving late, we may, on behalf of the Owner, treat your booking as having been cancelled by you. In this situation, you will not be entitled to any refunds other than any refundable security deposit paid.
D. Access to Accommodation: We, or the Owner, or their representative, is allowed to access the Accommodation at any reasonable time during occupancy given early prior notification. The Accommodation and its use are subject to the conditions and regulations of the respective local laws.
E. Pets: Pets are not allowed unless confirmed on your booking. If you take a pet with you, it is not allowed upstairs, on beds or furniture. You must not leave any pets unattended in the property, including in the garden, and you must keep dogs on a lead within the boundaries of a property (including the garden). We, or the Owner, cannot guarantee that a pet has not been in a Property even if the Property does not allow pets.
F. Special Requirements: Where there are special requirements, such as a Property suitable for the disabled or any other specific requirement, we will try to accommodate accordingly. Such requirements must be specified at the time of Booking. We, or the Owner, cannot accept responsibility for special requirements, unless specified during Booking and confirmation is given by us. If you, or member of your party, suffers from allergic reactions please take note that although certain Accommodations are advertised as NOT allowing pets, we cannot guarantee that pets have never been in that Accommodation and cannot be held liable in such circumstances.
G. Cleaning: If staying for two weeks or more, the Property’s management company representative will provide you with clean bed linen and towels on a weekly basis, unless otherwise agreed.
H. Electricity/Gas/Oil: these are included in the rental (unless specified on the website). Fuel for fires/stoves is not generally provided but some Accommodations may provide a complementary supply which will be detailed on the Accommodation listing on the website.
I. Garage/Parking: In general, most Accommodation will have private or public parking available. However, Accommodation located in the centre of towns or in narrow and restricted streets, may be subject to chargeable parking.
9. Alterations & Amendments: Every effort has been made to ensure that information on all websites is correct at the time of publication or at the time of inspection of the Accommodation and that all information and statements made by our representatives or employees are made in good faith. We cannot be held liable for minor changes or changes made by the Owners without our knowledge.
10. Responsibilities of the Guest
A. The Accommodation and its use are subject to the conditions and regulations of the respective local laws.
B. You undertake to keep the Accommodation and all furniture, fixtures and fittings in the same state of repair and condition as at the start of the tenancy and to leave the Accommodation clean and tidy upon departure.
C. The number of persons using the Accommodation at any time must not exceed the maximum number as stated on the Booking form or on the website. You are not able to arrange visitors to the Property without prior permission from the Owner or us.
D. There is no smoking allowed inside any Property booked on our or any partners website/s.
E. For Properties that allow dogs they are not allowed in bedrooms, upstairs (where applicable) and all dog waste in or around the Property grounds must be responsibly disposed of.
F. You, or any member of your party, are not to cause an annoyance, become a nuisance to occupants of adjoining premises during their tenancy, act illegally or antisocially or conduct yourselves in such a way that any damage is likely to be caused.
G. The rental of the Accommodation is for holiday purposes only and no work or business is to be conducted from the Property unless agreed with us prior to booking. You are not able to hold any events, such as meetings or parties at the Property without prior permission from either the Owner or us.
H. In the event of breach of these responsibilities you may be required to leave the Property during the period of the Booking without compensation or refund. We, or the Owner, will not be legally responsible to you as a result of this situation. This will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation. We, or the Owner, would not be under any obligation to find any alternative accommodation for you.
11. Damage to Accommodation: You will be responsible for all damage or breakages caused by you and/or any members of your party (whichever applies) to the property or its contents (including the cost of any work needed to put this right). We, on behalf of the Owner, reserve the right to deduct costs in part of in full from any held refundable security deposit or charge your card a fee to cover any costs for rectifying any damages caused by the deliberate, negligent or reckless act to the Property or structure. Should this damage come to light after you have departed, we reserve the right to make a charge to your credit/debit card, or send an invoice for the amount to the registered address or deduct costs from any held refundable security deposit. We, or the Owner will, however, make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs incurring to you at a minimum. If you discover that anything is missing or damaged on arrival please notify the Owner or their representative immediately.
12. Changing a Booking: If you wish to make a change to the arrival or departure date after the Booking confirmation has been issued, this is only possible subject to availability and payment of an administration fee of £30.00. Confirmation in writing and the administration fee must be received by us before a revised Booking confirmation can be issued. You will not be able to select alternative Accommodation as this would be regarded as a Cancellation and would be subject to the terms detailed in 2D or 3B.
13. Alternative Accommodation: Occasionally, it may be necessary to make a material change to the Accommodation Booking arrangements for reasons such as withdrawal of a property from our portfolio or for any other problem with the Property. The Owner has the right to do so. In this event, we, on behalf of the Owner, will contact you by phone or if reasonably possible in the case of a significant change or cancellation by email as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change. In the event of the Property being unavailable we will endeavour to offer an Accommodation of a comparable standard and price. Should the only alternative property be of a higher price, we reserve the right to charge the difference. You will have the right to decline the alternative Accommodation for whatever reason (e.g. price, unsuitability etc.) in which case we will refund the full amount paid, but no other compensation would be payable.
14. Lost Property: We, or our partners, will retain lost Property items at their office premises for only 28 days from the date of departure. Items to be returned to you will be charged at a flat fee of £10 plus package and postage, payment of which can be made by credit card. We, or our partners, do not accept responsibility for returning any items and do not return any food or drink.
15. Events beyond our control: Unless otherwise stated in these booking conditions, we, or the Owner will not be legally responsible either jointly or individually for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event that we or the Owner could not, even with all due care, expect or avoid, including:
A. Labour disputes or strike;
B. Acts of terrorism, war, riot or civil commotion;
C. Breakdown of appliances, equipment or machinery;
D. Loss of public utilities such as water, electricity and gas.
E. Insolvency or bankruptcy of the Owner;
F. Malicious damage or vandalism;
G. Keeping to any law or governmental order, rule, regulation or direction;
I. Weather, including fire, flood, snow or storm;
J. Other circumstances affecting the supply of services.
K. Noise or disturbance from beyond the boundaries of the Property.
L. Natural disaster.
16. Our legal responsibilities to you: We act only as Agents for the Owner and cannot accept any legal responsibility for any act or neglect on the part of the Owner or of anyone representing or employed by them. We cannot accept any liability for any problems or faults with or in any property. Any liability of the Agent and any associated partners of the Agent for any damage, expense or loss of any nature whatsoever, suffered by any person from any cause, and are excluded as far as permitted by the law. Any contract entered into will be between you, the guest, and the Owner. If you have any complaints about our services, as opposed to the Owner or Property, you must let us know immediately in writing and in any event within 14 days of the end of any arrangements booked through us. Unfortunately, we cannot accept any legal responsibility if you do not let us know. We will not pay more than the commission we have earned for the booking if we are found to be at fault for any service we provide. We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees, or for any criminal act we may commit.
17. Complaints Procedure: Apart from a complaint about our services as detailed in 16, in the event of any problem arising about a property or service provided as part of your booking on the agreed arrival date or during the holiday, you should immediately bring this to the attention of the Owner as the contract of accommodation is between you and the Owner. Most issues or problems can be sorted quickly by the Owner, or their representative, however they must be made aware of the issue promptly as it would be very difficult for the Owner to sort any problem otherwise. The Owner, or their representative, should be allowed reasonable time to sort any problem. Times may vary dependant on the problem, for example missing items can be sorted quicker than having to call out a phone engineer. If you cannot contact the Owner, or their representative shown as the point of contact on your final confirmation information (email), contact Gael Holiday Homes 01349 800153 within the office hours shown on our website or leave a message out-with these times. If after this you feel your complaint has not been dealt with to your satisfaction you must write to us at Gael Holiday Homes, Athole Court, Dingwall, Ross-shire, IV15 9SH or send us an email to firstname.lastname@example.org within 14 days of the end of your booking. All letters will be copied to the Owner for their comments and response. We can only act as a mediator in these situations to try to facilitate an outcome satisfactory to both parties. Please help us and the Owner help you by sorting any complaint as quickly as possible by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation if this would be appropriate. If we are involved in any complaint we do so as Agent only and cannot accept any legal responsibility.
18. Final provisions: All disputes, claims or other matter arising out of or in connection with your Booking will be governed by Scottish Law. Place of jurisdiction is the domicile of the Agent to the extent allowed by law.
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Company Registration SC412209