Terms & Conditions (Jan 21)
Including our Privacy and Data protection policies
Please read these Booking Terms and Conditions carefully in conjunction with all other information relevant to your individual booking before making final confirmation.
1.1 Lettings of Distinction Scotland Limited whose registered office is at 1 High Street, East Linton, Haddington, East Lothian EH40 3AA acts as a Booking Agent on behalf of the property owners.
1.2 Customers renting property through Lettings of Distinction are referred to as “the Guest”
1.3 Lettings of Distinction does not hold any propriety interest in the properties but merely acts as agent for the owners of the property (hereafter referred to as “the Owner”). The rental arrangements are made by Lettings of Distinction on behalf of the Owners and the contractual relationship is directly between the Owners of the property and the Guest.
2. Duration and Times of Rental
2.1 Rentals are for a maximum of 4 weeks and commence at 4pm on the first day of the rental and end at 10am on the day of departure unless otherwise notified. This period hereafter is referred to as “the Holiday”
2.2 The period booked will be stated on the confirmation email send to the Guest when they book (the “Booking Confirmation”). The period booked cannot be exceeded unless Lettings of Distinction gives written approval. The Guest will be liable for any cost, of whatever nature, incurred because of an unauthorised extension.
3.1 If a booking is made eight weeks or more before the Holiday is due to start, a deposit of 30% of the rent is payable. This includes a non-refundable £50 management fee.
3.2 If a booking is made less than eight weeks before the Holiday is due to start, the full rent, plus any additional charges, including a Cautionary Security Deposit is due. The Security Deposit (variable amount dependant on property) is property specific and will be advised to you at the time of booking and must be paid at the time the balance of your holiday is due.
3.3 Should Lettings of Distinction not accept or reject a booking request, all sums of money paid by the Guest in relation to the Holiday will be refunded immediately.
4. Final Payment
4.1 Unless otherwise agreed by Lettings of Distinction in writing (and subject to clause 7 below) the price for the Holiday shall be the rent for the property as set out on the Lettings of Distinction website at the time of booking. Prices are fully inclusive. The prices are fixed in sterling and payment in that currency may be made in cash, by cheque, bank transfer or credit or debit card. Prices include all utilities (gas, electricity, and wood) used as well as the supply of bed linen and towels for the main beds. Please note beach towels are not included, unless specifically stated.
4.2 The Balance Payment becomes due 56 days (8 weeks) before the commencement date of hire. Lettings of Distinction reserves the right to cancel a booking and retain the deposit, where full payment is not received within eight weeks of commencement of hire.
4.3 Subject to the Cancellation provision in Clause 5 below, as soon as the booking is received and accepted by Lettings of Distinction and the Guests are in receipt of the Booking Confirmation, the guest is liable for payment of the balance of the rent, along with any additional charges that may be due in relation to the holiday.
4.4 Payment of the rent and additional charges are payable to Lettings of Distinction 56 days (8 weeks) before the start of the Holiday (“the Due Date”) and non-payment by the Due Date may, at the sole discretion of Lettings of Distinction, be treated as notice of cancellation.
4.5 If payment is not received by the Due Date and in accordance with clause 4.3 above, Lettings of Distinction have treated the non-payment as a cancellation of the Holiday, the Guest will lose their booking and the deposit shall be non-refundable.
4.6 Lettings of Distinction shall not be responsible for sending reminders of the Due Date.
4.7 The dates of the Holiday may be changed providing the property is available for the new dates and the Owners accept the change. In this case, a £50 re-booking fee is payable to Lettings of Distinction.
4.8 The majority of property owners are not VAT registered, in which case no VAT is payable. Where a VAT amount is payable, this will be included in the cost of the accommodation and listed accordingly on any invoice.
To minimise inconvenience and cost of cancelled bookings, guests are strongly advised to have UK travel insurance in place. Cancellation by the lead guest must be made in writing (incl. via email) as soon as possible.
5.1 Guests may cancel their reservation by notifying Lettings of Distinction of their wish to cancel by telephoning in the first instance but this must be followed up in writing that they wish to cancel.
If the cancellation is received:
5.2 At any time prior to arrival date, when due to UK/Scottish government Coronavirus legal restrictions e.g. local/national lock down, we will offer to move your booking for the full value to a future date or a refund of all payments made, minus the £50 booking management fee.
5.3 More than 56 days (8 weeks) before the arrival date, for any reason, the guest receives a full refund of all payments made minus the £50 management fee.
5.4 Less than 56 days (8 weeks) from the arrival date, for any reason affecting the guest other than government legal Coronavirus restrictions, the guest receives no refund of payments made other than the security bond, unless we can rebook the house for cancelled dates. If the property is re-booked, the cancelling guest will receive a refund equating to the value of the replacement booking, up to the value of their booking payments, minus the £50 booking management fee. Fee. Reasons include illness, self-isolation or coronavirus-related multiple household restrictions. To cover such circumstances, guests are strongly advised to have UK travel insurance in place.
6. Cautionary Security Deposit
You will be required at the time of making your final payment to provide us with a cautionary security deposit of cleared funds. The value is detailed in each property’s booking information. This security deposit is property specific and will be advised to you at the time of booking, as a deposit to cover damage, loss or loss of rental as a result of the conduct of the guest or members of the guest’s party, dog or any other person authorized to enter the property at the guest’s invitation or authority. Guests are liable for loss and damage caused to the owner’s property and contents to the full value of the owners’ loss even though the value of the loss may exceed the damage deposit.
7. Price Changes
Lettings of Distinction reserves the right to amend prices on the website due to errors or omissions, but such charges shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended prices is significantly higher than the original price quoted.
8. Method of Payment
Payments may be made by electronic bank transfer, cheque, debit card or credit card. Cheques should be made payable to Lettings of Distinction Scotland Ltd. Post-dated cheques are not acceptable. Any charges raised against Lettings of Distinction by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed onto the Guest who is liable to reimburse Lettings of Distinction. A surcharge of 2.3% will be added to any business credit card payments.
9. The Guests Obligations
9.1 To pay for any losses or damages to the property and contents caused by The Guest or a member of their party (reasonable wear and tear excluded) and inform Lettings of Distinction immediately so items can be replaced or repaired prior to the arrival of future Guests.
9.2 To take good care of the property and leave it in a clean and tidy condition at the end of the Holiday, with exception of linen to be laundered. A cleaning service is not provided during the holiday unless otherwise specified. Should the Owner or Lettings of Distinction be dissatisfied with the condition of the property upon the guests’ departure an additional cleaning charge will be taken from the Cautionary Security Deposit, this will be charged at £20 per hour.
9.3 On departure all windows and doors must be checked and securely locked. Keys must be returned to the agreed destination or returned to a key safe and the key safe locked properly. In the event that keys are not returned, then a charge will be incurred by the Guest to cover locksmith costs to change locks and replace keys.
9.4 To permit the Owners and Lettings of Distinction, or any authorised trades person entry and reasonable access for the purposes of inspection and repair on 24 hours’ notice (other than in an emergency situation).
9.5 Not to part with possession of the property, or share it, except with members of the party shown on the Booking Form. All Guests at the property must be notified to Lettings of Distinction at the time of booking.
9.6 Not to sell or transfer the booking to another party without Lettings of Distinction agreement.
9.7 Not to exceed the total number of people stipulated in the property description – a cot may only be occupied by a child aged 24 months or less.
9.8 Not to cause an annoyance or become a nuisance to occupants of adjoining premises. Guests must behave responsibly with respect to noise. Members of the Group plus visitors are politely asked to keep noise to a minimum and to refrain from any activity that may disturb neighbours before 8am and after 10pm – especially when leaving or returning to a Property.
9.9 Not to smoke at any Lettings of Distinction property. Any smoking inside the property will automatically result in forfeiture of your security deposit. Smoking is permitted outside the property on condition that all cigarette butts and ash are cleared and disposed by the guest before departure.
9.10 We would ask guests planning to use such products as Sun cream, fake tan, waterproof make-up and hair dye all of which can cause permanent damage to bedding, linen and towels that to prevent such damage occurring they bring their own spare linen or towels otherwise the Security Deposit charge may be levied to purchase replacements if the stained items cannot be rectified upon laundering.
9.11 Some properties may have parking restrictions or regulations attached and, where applicable, Guests are required to adhere to these regulations. Details of any parking restrictions or other parking information will be given in the booking details or supplied to the Guest prior to occupation.
10.1 Lettings of Distinction will not be liable for any act, neglect or default on the part of the Owners or any other person not within their employ or otherwise under their control, nor for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with, the rental unless Lettings of Distinction is responsible. In addition, the Owners and Lettings of Distinction accept no liability for loss of, or damage to the Guest’s possessions on the Owners property or land.
10.2 Nothing in these clauses excludes or limits the liability of Lettings of Distinction or the Owners: For death or personal injury caused by Lettings of Distinction or the Owners negligence. For any matter which it would be illegal for Lettings of Distinction or the Owners to excluded or attempt to excluded their liability.
10.3 The Owner and the Agent may use the services of a number of suppliers and subcontractors and can accept no liability for any goods or services provided by these suppliers to our Guests.
10.4 We endeavour to use eco-friendly products for cleaning purposes but we cannot guarantee against all allergies therefore stand no liability as regards allergies or other complaints arising.
10.5 Force Majeure. We cannot accept any liability where we cannot fulfil our obligations to our Guests due to circumstances beyond our control. This would mean any event we cannot foresee with all due care. e.g. (but not limited to riots, war, terrorist activity, civil strife, natural disaster and similar factors beyond our control).
11. Personal Belongings
If the Guest, or any members of your party leave any personal belongings behind at the property after departure, the Guest will be charged the cost of postage and packaging and an admin fee to have them returned. Any items found by the servicing company responsible for the property will be disposed of within 30 days if not claimed. All perishable foods will automatically be disposed of at the time of the changeover.
12.1 Pets are only permitted with the prior written consent of Lettings of Distinction and the Owners and where pets are permitted at certain properties they are to be kept under control and exercised off the premises.
12.2 Pets are not permitted in the bedrooms or on the furniture and neither Lettings of Distinction nor the Owners can accept responsibility for their safety. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. An additional housekeeping charge of £25 per week or short break will be made for the first pet and £25 for the second.
12.3 Where a property does not accept pets, Lettings of Distinction or the Owners cannot guarantee that there have been no pets previously kept at the property.
12.4 Any fouling of internal areas shall be professionally cleaned and the cost bourne by the Guest. Any accidents must be notified to Lettings of Distinction immediately.
12.5 Any fouling of lawns, paths or outside surfaces shall be cleared up without delay, by the Guest. Failure to do this will result in additional charges being made which will be recovered from the Cautionary Security Deposit.
12.6 Please do not take pets to properties where Lettings of Distinction and the Owners have stated that pets are not permitted. Having a dog in a property without permission will automatically result in forfeiture of your security deposit.
13. Non-availability of Property
If for any reason beyond the Owners control the property is not available on the date booked (owing, for example, to flood damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the guest will be refunded.
14. Group Bookings
Lettings of Distinction reserves the right to refuse a booking from a) all male or all female parties of more than six people or b) groups of three or more single people under the age of 18.
15. The Holiday
The Guest has the right to occupy the property for a holiday only (within the meaning of schedule 1, paragraph 9 of the Housing Act 1988). The letting does not confer a short hold tenancy or give rise to a relationship of Landlord and Tenant.
16. Film / Advertising Locations
If a property is required for the purposes of a film, advertising or photo shoot project, then Lettings of Distinction must be made fully aware of the proposed nature and content of the project prior to the booking being made. Failure to do so and if the project is found to be not as described i.e.: pornographic, defamatory in anyway or involves unlawful acts all guests and occupiers will be asked to vacate the property forthwith.
17. Period / Historic Properties
Lettings of Distinction need for guests to be made aware that they cannot guarantee that period and historic properties in the portfolio could show signs of their age i.e.: damp, cracks, spiders and insects which are impossible factors to remove from a property of great age and as such Lettings of Distinction cannot be held responsible for the sensitivity a guest may have to these points raised.
18. Fireworks / Pyrotechnics
Be aware that the use of fireworks or any pyrotechnics are strictly prohibited at any Lettings of Distinction property or land connected to it. This prohibition is applicable all year round and will specifically relate to New Year’s Eve, Bonfire Night, Diwali or Chinese New Year. The only exception to this may possibly be at an Exclusive Use property where authorisation for such events could be obtained, managed and organised by the property owners in attendance.
19.1 All complaints must be notified to Lettings of Distinction as soon as reasonably practicable, as Lettings of Distinction may be required to carry out an on-the-spot investigation and if necessary, request the Owner to take remedial action. Guests have a legal obligation to mitigate their loss.
19.2 If Lettings of Distinction or the Owners are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, then the Guest will waive all rights. All complaints relating to the cleanliness of the property should be reported within two hours of entry to the property.
20. Breach of Contract
20.1 If there is a breach of any of these clauses by the Guest or any of their party, the Owners or Lettings of Distinction reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
20.2 If there is a breach of any of these conditions by Lettings of Distinction or the Owners, then the Guests have the right to end the Holiday and leave.
20.3 Ending the Holiday by Lettings of Distinction, the Owner or the Guest does not affect that party’s other rights and remedies.
21. Data and Privacy
21.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you, this could be events and attractions happening in the local area and also future holiday availability. We will not pass your information onto any third parties for the purposes of administration. By booking with us you are deemed to have consented to the use of personal information for this purpose.
21.2 Lettings of Distinction is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998.
The Agent owns the copyright to all property marketing material contained in the holiday letting brochure and/or website. All electronic data transferred remains the property of the Agent and may not be replicated in part or whole without prior permission.
23. Governing Law
Lettings of Distinction, the Owner and the Guest, agree that the law applying to this Contract will be Scottish law and that we agree that the jurisdiction of the Scottish Courts shall apply in any dispute or claim arising out of this agreement.
Thank you for taking the time to read and accept these Terms and Conditions. Should you have any concerns or queries please contact us directly where we will be happy to assist.