Westfield Bookings are made and accepted only on the following conditions:
DEFINITIONS and BOOKING TERMS
In these booking terms the following terms will have the following meanings: “booking” – the hire of the Property for the period specified in the booking contract; “the booking contract” – the contract between the Owner and the Hirer comprising the online or telephone booking and these booking terms and terms of hire; “Hirer”- the person or persons entering into the booking contract with the Owner; “the deposit” – 30% of the total hire charge; “hire charge” – the amount payable for the hire of the Property as specified in the online or telephone booking; “the Owner”- the owner or owners of the Property; “the Property”- the property identified in the booking contract; and “property description” – the description of the Property in the Owner’s brochure or on the website.
- The Owner is solely responsible for providing the accommodation known as Westfield and for the safety of all Guests and/or his/her invitees (jointly known as “the Holidaymakers”). The Owner accepts no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Owner has no control.
- This agreement is made on the basis that Westfield (“the Property”) is to be occupied by the holidaymakers for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
- BOOKING YOUR HOLIDAY
The Owner will not be required to accept a booking for the Property from groups of single persons who are all under the age of 21 or all male or female groups comprising more than 6 people. Group bookings of single sex parties are not allowed unless special arrangements are made with the Owner. (Safety deposits may be required). The Owner will be entitled to request the Hirer to immediately leave the Property if the occupants are all under the age of 21 or are a female or male group exceeding 6 in number. The Hirer will not be entitled to any refund of the hire charge in these circumstances. Westfield is strictly a non smoking property
- SUITABILITY OF HIRER
The Owner may decline to hand over the Property if the Owner has justifiable grounds to believe that the Hirer or any of the persons included in the booking contract are not suitable to occupy the Property. If any booking is cancelled for this reason the hire charge will be immediately refunded to the Hirer. The Hirer will not be entitled to any compensation or damages for cancellation of the booking for this reason.
- AUTHORITY TO BOOK
By completing the booking, the Hirer confirms that: he/she has the authority to accept these booking terms and terms of hire on behalf of all persons included in the booking including those that may be substituted at a later date to the effect that all persons occupying the Property during the booking will be bound by and will implement the booking contract; he/she is over 18 years of age and is one of the persons who will be occupying the Property during the booking; and he/she will be responsible for all persons occupying the Property during the booking.
A reservation of a property only becomes a confirmed booking when payment of the deposit is received. A deposit of 1/3rd of the cost of the holiday (“Deposit”) must accompany the booking request. The Deposit is non-refundable unless the Owners or their agents are unable to accept the booking as specified below. If a booking is made more than 6 weeks before the start date of the booking, the deposit must either be paid when the Property is reserved or within 3 days of the reservation. Credit and debit card payments can be accepted by telephone and online. Cheques are accepted for telephone reservations. If payment of the deposit is not made within 3 days, the reservation of the Property will automatically be cancelled. No bookings are valid until confirmed by the Owner or their Agents in writing.
- BALANCE OF HIRE CHARGE
The balance of the hire charge is payable no later than 6 weeks before the start of the booking. The date by which the Owner needs to receive the balance of the hire charge is clearly stated in the confirmation of the booking and no reminder will be sent. If a booking is made less than 6 weeks before the start of the booking then payment of the full hire charge is required within 3 days of the date the reservation of the Property is made.
Once a booking is confirmed by the Owner, the Guest is responsible for the full balance of the cost of the holiday. This shall be paid not later than 9 weeks before the booking is due to commence. Payments may be made by credit card/debit card over the phone, or directly by bacs. Please contact the owner if this is your preferred method of payment.
- GOOD HOUSEKEEPING DEPOSIT
The Owner may require an additional Good Housekeeping Deposit to be paid. This requirement is either identified in the property description or the Hirer will be advised when the booking is made. If it is a requirement of the booking contract that a Good Housekeeping Deposit is paid and if it is not paid, the Owner will be entitled to refuse the Hirer entry to the Property. The Hirer will not be entitled to any refund of the hire charge in these circumstances. The Good Housekeeping Deposit is payable 6 weeks before the start date of the booking and will be banked when received.
The Good Housekeeping Deposit will be released 10 working days after the end of the booking less any deductions for any loss suffered by the Owner as a result of any breach of the booking contract by the Hirer. If the Hirer disputes any deductions, the Owner will hold the disputed deduction until agreement is reached between the Owner and the Hirer.
- The Owner or their agents reserve the right to re-let any holiday where any monies due are more than 14 days in arrears whereupon any monies paid by the Guest over and above the non-refundable Deposit and booking fee (when applicable) will be refunded. However, if the property is unable to be re-let, the Guest will remain liable for the outstanding balance of the cost of the holiday, and (if applicable) the Deposit and the Booking Fee.
- In the event of the accommodation becoming unavailable (such as fire or flooding), the Owner will refund all monies paid or a proportion in the case of curtailment. We cannot, however pay any compensation or expenses as a consequence of such an event.
- PERIOD OF HIRE
The Property is let on a weekly basis from Sunday to Sunday 4pm on the date of arrival until 10 am on the date of departure unless otherwise stated in the property description.
- EQUIPMENT AND LINEN
The Property is furnished and equipped for the number of persons permitted to occupy the Property as stated in the property description. Major items of domestic equipment are listed in the property description. Details of equipment in the property description were correct at the time the property description was prepared. The Property is supplied with Bed Linen, pillows and duvets. Towels and tea-towels are also provided. Hirer must bring beach towels.
In the event of a cancellation, the Owner or their Agents will endeavour to re-let the accommodation, and if successful the balance of the cost will not be due as in paragraph 6 above, or if already paid, will be refunded. Any request to cancel must be put in writing to the Owner in the first instance. The Booking Fee and Deposit will be retained.
- A Guest requiring a booking to be altered once the booking has been confirmed will be charged an administration fee of £20.00 if a revised confirmation is required.
- At certain times of the year Guests will be eligible to secure their next holiday for a deposit which is less than as set out in clause 6. We will give you details of any applicable terms before, or when, you make your booking.
Pets are not permitted, however there is no guarantee a pet has not entered the premises at any time and does not imply that the property is “Pet Free” such as a guide dog or one belonging to the Owner of the property. If a pet is taken to a property without the consent of the Owner this could result in you being asked to leave without compensation.
- WATER SUPPLIES and DRAINAGE
Westfield is a remote property. The water supply is taken from a spring in the hillside behind the property. Please be responsible and do not waste water, especially in the summer months when rainfall is scarce. The water is twice filtered and passed through a UV steriliser and is certified pure. If the Hirer is concerned about the water then we recommend boiling water for drinking or using bottled water. Westfield is not on a main sewer and the hirer is requested to refrain from flushing nappies, wipes and sanitary towels down the toilet.
The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in or on the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found. The Holidaymaker must report and pay to the Owner the cost of any damage or breakages made during their holiday occupancy. The Owners reserve the right to make a charge where guests have contravened the request for Westfield to be smoke free. (In order to comply with the Unfair Terms in Consumer Contracts Regulations 1999 the amount of such a charge should not be more than the cost of the cleaning.)
The number of persons occupying the Property must not exceed the number stated in the property description. If the maximum number of occupants is found to exceed the permitted number, the Owner will be entitled to request the Hirer to immediately leave the Property. The Holidaymakers right to occupy the Property may be forfeited without compensation if:
More people than declared at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation.
Overnight guests are entertained without the Owner’s express permission.
Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance.
Smoking in a designated “No Smoking” property.
- COMPLAINT PROCEDURE
In the event of there being cause for complaint concerning a Property, the matter shall be taken up with the Owner/Caretaker at once, (their details are supplied on the booking confirmation and they understand that they are the first point of contact should there be cause for complaint). It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied the Owners/Caretakers the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
- HIRER’S OBLIGATIONS
The Hirer will not cause undue noise or disruption or become a nuisance to the occupants of any neighbouring properties; not use the Property for any purpose other than that of a private holiday residence; not alter the Property or its contents or remove any contents from the Property; return all sets of keys to the Property in accordance with the instructions given to the Hirer; not use any flammable materials, fireworks or candles in or on the Property; keep the Property secure during the booking; and comply with any specific conditions and restrictions relating to the Property and/or its contents contained in the property description and in any instructions held in the Property.
- The Owner or his representative shall be allowed access to the Property at any reasonable time during any holiday occupancy.
- GOVERNING LAW AND JURISDICTION
The Owner and the Hirer agree that the booking contract shall be governed by and construed in accordance with the laws of Scotland and the Owner and the Hirer agree to submit to the exclusive jurisdiction of the Scottish Courts.
- LAST MINUTE AND SPECIAL BREAKS
If the Hirer makes a short or special break booking online it is the responsibility of the Hirer to speak to the Owner to arrange access to the Property before starting their journey. In no circumstances should the Hirer commence their journey to the Property unless arrangements have been made with the contact person to get access to the Property.
- WIFI AND INTERNET CONNECTION
Westfield is advertised as having an internet connection, but there is no guarantee as to the speed or bandwidth. Rural areas of Scotland can be erratic and/or suffer outages which are outside the owner’s control. The owner does not accept responsibility for such events but will endeavour to rectify the situation with the provider where possible.
The Owner has compiled the information in the Brochure and on the website www.westfield-arran.com (“the Website”) as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside the Owner’s control. Every effort is made to ensure that the property details are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Holidaymakers accept that minor differences between text/photograph/illustrations in the Brochure and on the Website and the actual property may arise. The owners cannot accept responsibility should the property not conform to the Holidaymaker’s standards. If a facility is particularly important to you, please check with us prior to your booking.
These Booking Conditions will apply to all confirmed bookings.