TERMS AND CONDITIONS FOR BALNAGOWN ESTATES

BALNAGOWN CASTLE PROPERTIES LIMITED
TERMS AND CONDITIONS FOR THE HIRE AND USE OF HOLIDAY ACCOMMODATION AT BALNAGOWN ESTATE

In these Terms and Conditions, the following terms apply:

“Arrival Date” means the date of arrival specified in the Booking Details or otherwise confirmed in writing by the Owner to the Customer.

“Balance Due Date” means the date 42 days before the Arrival Date on which payment of the balance of the Price is due together with the Damages Deposit.

“Booking Details” means the details contained in the online booking form (or other method acceptable to the Owner) submitted by the Customer at the time of booking.

“Booking Confirmation” means a written confirmation (by email or other written communication if required) from the Owner to the Customer confirming acceptance of the Booking Details and the Deposit.

“CCTV” means fixed and domed cameras designed to capture and record images of individuals and property.

“Contract” means the contract between the Customer and the Owner for the hire of the Property comprising these Terms and Conditions, together with the Booking Details, Booking Confirmation and any agreed variations.

“Coronavirus” means the disease known as coronavirus disease (COVID-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“Customer” means the individual who made the booking.

“Damages Deposit” means a deposit of [up to £600] to secure any loss or damage to the Property.

“Departure Date” means the date of departure as specified in the Booking Details or otherwise confirmed in writing by the Owner to the Customer.

“Deposit” means 50% of the total of the Full Rate.

“Full Rate” means the price payable for the hire of the Property for the Period of Let before any Optional Extras or additional charges.

“Optional Extras” means the optional add on services as specified in the Booking Details or otherwise agreed in writing between the Owner and the Customer.

“Owner” means Balnagown Castle Properties Limited, incorporated in England (Company No. 01048050) and having its registered office at 55 Park Lane, London, W1K 1NA.

“Period of Let” means the period commencing on the Arrival Date and ending on the Departure Date during which the Property will be let to the Customer by the Owner.

“Property” means the holiday accommodation specified in the Booking Details or otherwise confirmed in writing by the Owner to the Customer.

“Price” means the Full Rate plus any Optional Extras.

1. Contract

1.1. Following submission of a booking request, comprising the Booking Details and payment of the Deposit (or payment in full of the Price in accordance with clause 3.2 if the Arrival Date is within 6 weeks of the date of submission of the booking request) the Customer will be deemed to have accepted these Terms and Conditions.

1.2. In accordance with Clause 3, the Customer must provide the Owner with details of a credit card from which an authorisation equal to the Damages Deposit may be blocked (not debited) from the authorised expense limit on the credit card and from which the Owner may take payment of any additional charges incurred including damages. If a credit card authorisation is not possible, the Damages Deposit must be paid in full and will be returned to the Customer after the Departure Date less any additional charges or damages which are payable.

​1.3. The booking is not confirmed until the Owner has issued the Booking Confirmation. At that point the Contract will become binding between the Owner and the Customer.

1.4. The Owner may offer the Customer the option of provisionally holding a booking. The Owner will let the Customer know how long the provisional booking will be held for. If the Customer does not confirm the booking by that time and pay the Deposit, the Property will be released for general sale.

2. General

2.1. The Property is to be used solely for the purpose of holiday accommodation and the Customer and members of their party shall have the right to occupy the Property for the Period of Let solely for this purpose.

2.2. The Customer warrants that the Property will not be used for any purpose other than as specified in the Contract. In particular, the Property may not be used for any media, publicity or public entertainment purposes without the express prior written agreement of the Owner.

2.3. Nothing in the Contract confers any right on the Customer to use the Property as their only or principal home. The Property is specifically excluded as conferring any tenancy rights on the Customer in terms of Section 1 and Schedule 1, paragraph 6 of the Private Tenancies (Housing) (Scotland) Act 2016.  The sole purpose of this Contract is to confer on the Customer the right to occupy the Property for a holiday.

2.4. The Customer shall be responsible for all members of their party and shall not sub-let the Property or any part thereof, unless with the express prior written agreement of the Owner. If the Owner agrees to any sub-letting, the Customer will procure that the person or persons to whom the Property (or part thereof) is sub-let shall be bound by these Terms and Conditions, but the Customer will nonetheless remain liable to the Owner under the Contract.

3. Fees

3.1. The Price will be confirmed at the time of booking and in the Booking Confirmation.

3.2. If a booking request is submitted and the Arrival Date is within 6 weeks from the day of submitting the booking request, to secure the booking the Price must be paid in full and the Damages Deposit must be either authorised or paid in full in accordance with clause 1.2 and the Contract will not become binding until the Price has been paid in full and the Damages Deposit has been either authorised or paid in full in accordance with clause 1.2.

3.3. For bookings made more than 6 weeks in advance of the Arrival Date, the Customer must pay the Deposit at the time of booking and the balance of the Price must be paid in full on or before the Balance Due Date together with the Damages Deposit which must be either authorised or paid in full in accordance with clause 1.2 on or before the Balance Due Date.

3.4. If the balance of the Price together with the Damages Deposit (which must be either authorised or paid in full in accordance with clause 1.2), is not received on or before the Balance Due Date a reminder will be sent to the Customer by email or by post. If the Customer fails to make the relevant payment within 14 days of the Balance Due Date, the Owner will cancel the booking. If this happens, the cancellation charges set out in clause 5.4 will apply and the Deposit will not be refunded.

3.5. No credit card charges will be added to the Price.

3.6. From time to time the Owner may apply a promotional offer to bookings and the Owner reserves the right to change or withdraw a promotional offer at any time by amending or removing details of any such offer from the relevant sections of the Owner’s website.

4. Pricing

4.1. If the Booking Details change, the Owner reserves the right to amend the Price.

4.2. The Owner periodically reviews and amends the prices charged. For the most up to date pricing information please check our website or call us on 01862 843 601.

4.3. All prices given include VAT. If the VAT rates change, the Owner reserves the right to change the prices accordingly. VAT invoices can be provided on request.

4.4. The undernoted facilities are provided for the benefit of the Customer and their party within the Price:

• Duvets with linen and house towels
• Hairdryer, dressing gown, slippers and toiletries
• Colour TV and video/DVD Player
• Fully equipped kitchen with microwave, dishwasher and washing machine
• Telephone (excessive calls amounting to charges of more than £20 a week will be charged to the Customer)
• One clean per week (with additional cleans available on request)
• Use of sports hall, gym facilities, archery, mountain bikes and fishing rods (subject to change and at the discretion of the Owner)
• Use of heating fuel and electricity

4.5. The Owner reserves the right to charge for any additional services not listed at clause 4.4 above.

5. Cancellation

Cancellation by the Customer

5.1. If the Customer wishes to cancel the Contract after the Booking Confirmation has been issued, the Customer must inform the Owner in writing (which, for the avoidance of doubt, will include email) as soon as possible and the effective date of cancellation will be the date upon which the Owner receives such written notification.

5.2. If the effective date of cancellation is more than 6 weeks prior to the Arrival Date, any Deposit paid will be refunded in full and no cancellation charge will apply.

5.3. If the effective date of cancellation is within 6 weeks of the Arrival Date, the Deposit will not be refunded and the cancellation charges set out in clause 5.4 will apply. If the Price has been paid and the date of cancellation is not within 14 days of the Arrival Date, this will be refunded less the applicable cancellation charge set out in clause 5.4. For the avoidance of doubt, if the Damages Deposit has been paid this will be refunded in full.

5.4. Unless otherwise specified in these Conditions, if the Contract is cancelled by the Customer, the following cancellation charges will be payable:

Cancellation by the Owner

5.5. The Owner reserves the right to make changes to the booking or cancel the Contract (or any part thereof) for the following reasons:

• 5.5.1 if necessary to perform or complete essential remedial or refurbishment works to the Property; or
• 5.5.2 there are other reasons unforeseen at the time of the Booking Confirmation which are beyond the Owner’s reasonable control.

5.6 In the event of cancellation by the Owner for the reasons listed in clause 5.5, written notice will be given to the Customer as soon as reasonably possible and the Owner will make reasonable effort to offer a suitable alternative booking. If the Owner is not able to offer a suitable alternative, or if the Customer does not accept the alternative offered, a full refund of the Deposit, any Damages Deposit and balance of the Price paid will be returned. For the avoidance of doubt, the Owner will not be liable to pay the Customer any compensation in the event of cancellation by the Owner.

5.7. The Owner may terminate the Contract and ask the Customer to leave the Property immediately (without any refund being due or compensation being payable) if:

• 5.7.1. the Owner considers that the Customer or their party have committed a breach of these Terms and Conditions;
• 5.7.2. the Owner considers that the Customer or their party’s behaviour endangers the safety of other visitors, staff or any other person at or in the vicinity of the Property;
• 5.7.3. any complaints are made of anti-social or unacceptable behaviour against the Customer or a member of their booking party;
• 5.7.4. the Customer or a member of their booking party cause an unreasonable amount of damage to the Property or its contents; or
• 5.7.5. the Customer exceeds the maximum occupancy limit for the Property.

6. Guest standards and behaviour

6.1. The number of people occupying the premises shall not exceed the number stated for the Property in the Booking Details unless otherwise agreed in writing between the Owner and the Customer.

6.2. In exceptional cases the Owner may give permission for extra people to occupy the Property, at an additional charge of £20.00 per night per camp bed. This must be agreed in writing between the Owner and the Customer.

6.3. The Customer binds and obliges themselves and their party to vacate the Property let without demand on the Departure Date at the specified time set out in the Booking Confirmation or at the time otherwise agreed with the Owner.

6.4. The Customer must not use or allow the Property to be used, for any dangerous, offensive, noisy, illegal or immoral activities. The Customer or anyone in their party must not cause any nuisance or annoyance to any neighbours or anyone else during their stay.

6.5. The Customer and their party must respect the rights of neighbouring properties to enjoy their property. In particular, the Customer and their party must keep noise levels to a minimum between 10pm and 8am.

6.6. Smoking is not permitted in any part of the Property. Any evidence of smoking inside any of our properties will incur an additional charge of £100.

6.7. The Customer and their party must not use candles, Chinese lanterns or similar in or at the Property. If candles, Chinese lanterns or similar are found at the Property these will be removed and disposed of. Any evidence of use of candles, Chinese lanterns or similar will result in an additional charge of £100.

7. Firearms, pyrotechnics and other explosives

7.1. The Customer and their party must not bring any firearms, pyrotechnics or other kinds of explosives on to the Property or on to Balnagown Estate without the prior written consent of the Owner for each visit.

7.2. Any Customer or member of their party who brings firearms on to Balnagown Estate must be in possession of a current valid Firearm/Shotgun Certificate and Game Licence and will be responsible for safe storage of any firearms in accordance with applicable laws.

7.3. Any Customer or member of their party requiring a Visitors Firearms Permit must provide 14 days advance notice to the Owner.

Anyone who owns or uses an airgun in Scotland needs to have a licence.

8. Damages and Additional Charges

8.1. If the Customer or a member of their party discovers that anything is missing or damaged on arrival at the Property the Customer should notify the Owner of the deficiency immediately on the Arrival Date by calling 01862 843 601 (or security on 07774 825 421). If the Owner is not notified the Owner will assume that the Customer or a member of their party caused the relevant damage or loss.

8.2. If any breakages or damage is caused by the Customer or a member of their party during the Period of Let the Customer must report this to the Owner and the Owner reserves the right to charge the Customer for any loss, damage or breakages to the Property or its contents caused by either the Customer or members of their party.

8.3. On the Departure Date, the Customer and their party must leave the Property in a clean and tidy condition and the Owner reserves the right to charge for additional cleaning if the Property and its contents (including furniture or other equipment) have not been left in a reasonable state.

8.4. The Property is supplied with a BBQ and the Customer and their party are welcome to use this, however, if the BBQ is left uncleaned and dirty there will be an additional cleaning charge of £25.

8.5. Any charges payable under Clause 8.2 will be notified to the Customer and deducted from the Damages Deposit or charged to the credit card referred to in Clause 1.2. Any additional payment due over and above the Damages Deposit must be paid within 14 days of request. An invoice will be issued to the Customer on request.

8.6. Electric vehicles charged at the Property will have an additional fee of £50.00 per week however a car charger is available next to the bike shed in the square. Contact the office for the current rate.

9. Dogs

9.1. Dogs are welcome on the Balnagown Estate, however, the Customer must inform the Owner if they or any member of their party intend to bring a dog to the Property and additional charges will apply.

9.2. No animals (other than dogs with the Owner’s consent) are allowed in the Property.

9.3. Dogs are NOT permitted in PEAT COTTAGE and SWISS COTTAGE.

9.4. Dog kennels are provided at most of the accommodation. There is an additional charge of £50 per dog per week for any dogs brought to the Property.

9.5. Dogs must be kept off all soft furnishings and furniture in the Property and are not permitted in the bedrooms.

9.6. There will be an additional charge if there is any damage caused by any pet.

9.7. Dogs are not to be left unattended in the Property.

9.8. The owner kindly asks that the Customer and their party clean up after any dogs when walking them. Spades are provided around the Balnagown Estate to facilitate this.

9.9. If any of the Customer’s party have an allergy to dogs, please be aware that the Owner cannot guarantee that dog has not stayed in a particular property recently. Housekeeping deep clean all properties after customers depart and will make every effort to remove dog hair. The Owner cannot accept responsibility for any suffering which may occur as a result of such dogs having been present in the Property.

10. Rights of access

10.1. The Owner retains control, possession and management of the Property and the Customer and their party have no right to exclude the Owner from the Property. The Owner reserves the right to enter the Property at any reasonable time for the purpose of inspection, repair work or any other reason deemed reasonable.

10.2. Staff or contractors may need to access the Property if there is an unforeseen problem, to investigate a complaint made, or to perform certain routine property checks. If this happens, the Owner will do their best to notify the Customer in advance of the date and time that access will be required.

10.3. Access to the Property will always be at reasonably convenient times (other than in the event of an emergency).

11. Additional Information

11.1 Check-in and departure times will be set out in the Booking Confirmation. If the Customer or their party do not leave the Property by the required departure time the Owner reserves the right to charge a late checkout fee of £50 per half hour to cover any costs incurred.

11.2. On arrival, the Customer will be briefed by security and on departure, an inspection will be carried out at the time of check-out.

11.3. If the Customer or their party leave any possessions behind at the Property, the Customer should inform the Owner as soon as possible. The Owner takes no responsibility for any lost or damaged property belonging to the Customer or a member of their party and the Owner reserves the right to charge for any postage costs incurred in relation to returning lost property. All lost property will be held for six months, after which it will be disposed of.

11.4 Bats and other wildlife may be present at some of our properties. Any disturbance caused by wildlife should be reported to staff immediately and reasonable steps will then be taken to assist. Please remember that bats are a protected species and it is illegal to interfere with them or their habitat.

12. Liability

12.1. Subject to the terms of this clause 12, the liability of the Owner to the Customer under and in connection with the Contract, whether for breach of contract, negligence or breach of statutory duty or otherwise, shall be limited to the Price.

12.2. Nothing in the Contract will limit or exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other matter for which it would be unlawful to exclude or limit liability.

13. Data Protection

13.1. The Owner takes privacy seriously and will endeavour to process the Customer’s personal information in accordance with applicable data protection laws.

13.2. By entering into the Contract, the Customer consents to the Owner using the personal information provided for the purposes set out in the Contract.

13.3 The Owners operates CCTV and similar equipment to monitor safety and security as permitted by relevant legislation and codes of practice and in accordance with the Owner’s Privacy Policy.

14. Force Majeure

14.1. The Owner will not be liable for any breach of the Contract arising as a result of any event which is outwith the Owner’s control. Such events may include (but are not limited to): war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; pandemic, epidemic or biological contamination; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances. For the avoidance of doubt, in any such event, the Customer will be entitled to the return of all, or any part of the Price and the Damages Deposit less any non-recoverable expenditure, except in the event of a Coronavirus pandemic or epidemic which will be dealt with under clause 14.2, clause 14.3 and clause 14.4

14.2. If as a a result of a Coronavirus epidemic or pandemic, any legal restriction is placed on the Customer or member of their party (or anyone living with them) by the Scottish Government or any other government or government authority, including a requirement to quarantine or self-isolate, which legally prevents the Customer or any member of their party from travelling to the Property and consequently the Customer must cancel their booking, the Customer will be entitled to the return of all, or any part of the Price and the Damages Deposit less any non-recoverable expenditure.

14.3. Subject to clause 14.4, if as a result of a Coronavirus epidemic or pandemic, any requirement is placed on the Customer or any member of their party (or anyone living with any of them), including testing requirements or the requirement to quarantine or self-isolate, where the  requirement is recommended or mandated by the Scottish Government or any other government or governmental authority but the trip would otherwise still be legally permissible, and consequently the Customer chooses to cancel their booking, the usual cancellation terms set out in Clause 5 will apply.

14.4. In relation to a Coronavirus epidemic or pandemic, the default position is that the terms of clause 14.2 and clause 14.3 will apply, however, taking account of the degree of uncertainty in relation to Coronavirus, the Owner will act reasonably in applying these terms.

15. Disclaimer

15.1. The Owner has taken reasonable care regarding the accuracy of Property description on their website and in other marketing material, and all information is provided in good faith and is believed to be correct.

15.2. In the event that any individual term or clause of these Terms and Conditions is not permissible by law, the remainder of the Terms and Conditions shall remain valid.

15.3. The Contract shall be governed by and construed in accordance with the Laws of Scotland and shall be subject to the jurisdiction of the Scottish Courts.

15.4. This does not affect the Customer’s statutory rights.