Booking Terms & Conditions
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 six weeks before the Arrival Date on which payment of the balance of the Price is due.
“Booking Details” means the details contained in the online booking form along with these Terms and Conditions.
“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 receipt of the Deposit.
“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.
“Customer” or “Customers” means the individual or company who made the booking.
“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.
“Guest” or “Guests” means the Customer’s guests that are permitted to stay in the Property
“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 Elizabeth Turner t/a Heavenly Highland Cottages.
“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 Millbank, Chapeltown of Glenlivet, Ballindalloch AB37 9JR.
“Price” means the Full Rate plus any Optional Extras.
1. Contract
1.1. Following acceptance by the Owner 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. The booking is not confirmed until the Owner has issued the Booking Confirmation and the Deposit has been paid. At that point the Contract will become binding between the Owner and the Customer.
1.3. 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 short-term accommodation and the Customer shall only occupy the Property for the Period of Let solely for this purpose.
2.2 A maximum of 8 Guests, inclusive of the Customer, are permitted to stay overnight in the Property
2.3. 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.
2.4. Nothing in the Contract confers any right on the Customer to allow the use of the Property as a principal home or permanent residence. 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 Short- term use during the defined Period of Let.
2.5. The Customer shall be responsible for their Guests 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.
2.6 The property is not suitable for Hen or Stag parties or groups under the age of eighteen; bookings for these type of party will not be permitted
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 Contract will not become binding until the Price has been paid in full.
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.
3.4. If the balance of the Price 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. 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.
4.3. The Owner is not VAT registered and all prices given are not subject to VAT unless specifically stated as otherwise on the Booking Details and/or Booking Confirmation.
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.
5.4. Unless otherwise specified in these Conditions, if the Contract is cancelled by the Customer, the following cancellation charges will be payable:
| Cancellation 6 – 4 weeks prior to the Arrival Date | 50% of the balance of the Price |
| Cancellation 4 – 2 weeks prior to the Arrival Date | 75% of the balance of the Price |
| Cancellation within 14 days of the Arrival Date | 100% of the Price |
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 efforts 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 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 and their Guests to leave the Property immediately (without any refund being due or compensation being payable) if:
5.7.1. the Customer or their Guests have committed a breach of these Terms and Conditions;
5.7.2. the Owner considers that the Customers or their Guests 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 their Guests;
5.7.4. the Customer or their Guests cause an unreasonable amount of damage to the Property or its contents; or
5.7.5. the Customers or their Guests exceed the maximum occupancy limit (of 8 people) 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. The Customer agrees to vacate the Property 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.
6.3. The Customer must not allow the Property to be used for any dangerous, offensive, noisy, illegal or immoral activities. The Customer and their Guests must not cause any nuisance or annoyance to any neighbours or anyone else during their stay.
6.4. The Customer and their guests must respect the rights of neighbouring properties to enjoy their property. In particular, the Customer and their Guests must keep noise levels to a minimum between 10pm and 8am.
6.5. Smoking is not permitted in any part of the Property.
6.6. The Customers and their Guests 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.
7. Firearms, pyrotechnics and other explosives
7.1. The Customers and their guests must not bring any firearms, pyrotechnics or other kinds of explosives on to the Property without the prior written consent of the Owner for each visit.
7.2. Any Customers or guests who brings firearms on to the Property must be in possession of a current valid Firearm/Shotgun Certificate and will be responsible for safe storage of any firearms in accordance with applicable laws.
For the avoidance of doubt, anyone who owns or uses an airgun in Scotland needs to have a licence.
8. Damages and Additional Charges
8.1. If the Customers discovers that anything is missing or damaged on arrival at the Property the Customer must notify the Owner’s representative of the deficiency immediately on the Arrival Date, either in person during the check-in or by calling or emailing them on the contact details provided in the Booking Details / Booking Confirmation. If the Owner is not notified the Owner will assume that the Customer caused the relevant damage or loss.
8.2. If any breakages or damage is caused by the Customer or their Guests 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 the Customers or their Guests.
8.3. On the Departure Date, the Customer 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. Any charges payable under Clause 8.2 or 8.3 will be notified to the Customer and an invoice will be issued to the Customer, payable within 14 days of the date of invoice.
9. Dogs
9.1. A maximum of two well-behaved dogs are welcome at the Property. Dogs must be declared at the time of booking.
9.2. There is a fee of £20 per dog per booking, which should be paid along with 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).
9.3. Dogs are permitted only on the ground floor of the Property and should not be allowed on any furniture or furnishings.
9.4. No animals other than dogs are allowed in the Property without the prior written consent of the Owner.
9.5. There will be an additional charge if there is any damage caused by a pet.
9.6. Dogs are not to be left unattended in or at the Property.
9.7. Dogs should be kept on a lead at all times when beside farm buildings and livestock.
9.8. Customers and their guests are required to clean up and dispose of any dog mess.
9.9. The Property is fully cleaned between each Booking and every effort is made to remove all dog hair. However, the Owner cannot guarantee that the Property will be one hundred percent free of dog hair and cannot accept any responsibility for any suffering which may occur as a result of dogs having previously 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 Guests 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 for any other reason deemed necessary.
10.2 Staff or contractors of the Owner 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 Arrival and Departure times will be set out in the Booking Confirmation. If the Customer or their Guests 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 such as additional cleaners.
11.2. If the Customer or their Guests 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 Customers or their Guests and the Owner reserves the right to charge for any postage costs incurred in relation to returning lost property. Lost property will be held for two months, after which it will be disposed of.
11.3 Due to the rural location, bats and other wildlife may be present in the vicinity of the Property. Any disturbance caused by wildlife should be reported 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 of the Customer provided for the purposes set out in the Contract.
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 less any non- recoverable expenditure.
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 these 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.
Last Modified: 9th September, 2024