Ormidale House & Courtyard Rental Ltd Terms & Conditions
1. A booking is confirmed when a deposit payment for 30% of the cost of the holiday is received, or whatever alternative lower amount is agreed with the owner. The remaining 70% rental is due 2 calendar months before the holiday commences. A fully returnable good house-keeping bond / damage deposit (usually £50 per head for family groups, £100 per head for higher risk mixed parties) is required in cleared funds before occupancy and is usually refunded in full within a week of departure.
2. If the Hirer cancels their confirmed booking, he/she remains liable for payment of the full cost of the holiday unless or until the property is re-let. Upon receipt of written confirmation of cancellation from the Hirer, the Owner will endeavour to re-let the property on their behalf. If successful the owner will make a full refund to the Hirer of all rent paid, less only an administration fee of £100 (plus any other expenses incurred in re-letting, and less any discount or commission that was necessary to achieve the re-letting). This refund is made as soon as the new letting is paid for, provide the original Hirer has kept to the payment schedule above.
3. It is the Hirer's responsibility to take out cancellation and any other insurance for their holiday, or to cover their own risks for not being able to go ahead.
4. The number of persons occupying a property must not exceed the maximum occupancy level stated. The owners reserve the right to terminate occupancy of the property without notice or refund in the case of a breach of this condition. Pets are welcome by prior arrangement and agreement only, downstairs and not on the furniture. An additional fee of £25 per week or £50 per week per pet is charged. Owners are responsible for the behaviour of their pets and children.
5. The Hirer is responsible for the condition of the property and its entire contents during the hire period, fair wear and tear excepted. The Hirer will make good any damage or loss where practical, and leave the property and contents in a clean and tidy condition. The person held to be responsible for the hiring party will be the person who makes the booking, but the responsibility for damage to the property is joint and several between occupants.
6. Owners reserve the right to decline to hand over properties to any person or persons who, in their opinion, is not suitable to take charge. In such cases, hire charges shall be refunded in full and the liability of the owner shall cease. The Owner purchases Business Interruption Insurance designed to protect clients from unforeseen cancellations. If the owner is prevented, because of circumstances outwith his control, (e.g. fire damage, drought or the interruption of utility supplies), from putting his property at the disposal of the Hirer, the Business Interruption Insurance should ensure the hire charge can be refunded in full or a replacement date offered, but the Hirer shall have no further claim against the owner for inconvenience or anything else.
7. The contract effected between the Hirer and the owner of the property is in terms of Schedule 4 Section 8 of the Housing (Scotland) Act 1988 and confers on the Hirer the right to occupy the property for the period agreed for holiday purposes only.
8. Any facilities at the property which are utilised by guests - trampolines, bikes, swimming pools, darts, hot tubs, fishing tackle etc - are used at the hirer's risk. Whether these are paid for as a an extra (as the hot tubs are) or supplied as an included facility (like the swimming pool usage) then no compensation need be paid in respect of the non-functionality or unavailability of any such extraneous and additional facilities. When compensation is paid, at the sole discretion of the owner, it will be capped at a maximum of 10% of the amount of the hire.
9. The Owner may be able to help arrange catering, sports, entertainments or other services for the hirer of the property. No charge is made by the owner for such help in arranging for services. In such circumstances, any contract is entered into between the hirer and the service provider (cook, archery tutor, musician etc) and the owner of the property cannot be considered responsible for the service provided.
10. The further terms and conditions under which the house is to be used, treated, and left are covered in the "Welcome Pack" for guests. This is displayed in the property, emailed in advance to the party organiser, and is available to all other guests in advance on request. Any failure to observe these terms - including restrictions on smoking, pets, etc - will result in the hirer being liable to forfeit their pre-paid good housekeeping / damage / security deposit. In the case of any accidental damages, only the cost of repairing or replacing the damaged items will be deducted from the damage deposit. In the case of significant damage, the hirer's liability will not be limited to the amount of the damage deposit.
11. The owners have absolute discretion as to whether they consider an individual or party suitable to hire a property. The minimum and standard deposit payable against damage by family groups is the higher of £500 per property or £50 per head. Higher risk groups like Wedding, Corporate, Single Sex, Anniversary or Birthday celebration parties may attract a higher additional returnable deposit of £100 per head or more. Deposits are usually returned in full within a week of departure. While only the cost of repairing or replacing damaged items will be deducted from the damage deposit, the entire deposit may be retained by the owner until such cost is established. A management charge of £35 per hour plus VAT may be charged to the hirer for the administration and organisation of repairs or replacements, and negotiations around the same.
12. The maximum amount of refund due from the owner to any Hirer who's hire cannot take place, for whatever reason, is limited to the original agreed rent, or the amount actually paid by the hirer in rent, whichever is the lower.
13. When Consumer Law dictated that customers were due a refund due to the closure of facilities during the Covid-19 pandemic, all Ormidale clients received either a refund or new dates for their holiday. If Ormidale needs to close again, the same refund policy will apply. In any circumstance where a hirer is legally entitled to a refund, we will issue such a refund. While Ormidale House Estate is open for business, clients cancelling due to Covid concerns or compliance issues will be treated under the normal cancellation terms with the hirer’s own insurance and insurance terms applying, but we will usually at our discretion allow a hirer unable to attend due to Covid restrictions to transfer to another available date in the future. It is the Hirer’s responsibility to check that their gathering is legal at the time they occupy the facilities. Guidelines, restrictions, regulations and laws all have different legal status. The Hirer’s only real responsibility is to ensure that their group stay within the parameters demanded by the law. |
