Terms and Conditions

Please contact us on 01738 630 666 or at rentals@kamescastlecottages.co.uk if you have any queries.

The Nicholson Discretionary Trust – Kames Castle Estate, Port Bannatyne, Isle of Bute
Standard Booking Terms and Conditions

“Cottage” refers to the property you rent or any other property let out by the Owner; “Customer”, “you”, “your” shall mean or refer to the individual who made the booking; “Website” shall mean our website at www.kamescastlecottages.co.uk;
“Owner”, “us”, “we” shall mean The Nicholson Discretionary Trust, c/o Bidwells, 5 Atholl Place, Perth, PH1 5NE; and ”your Party”., “the Party” shall mean or refer to the Customer and the Customer’s party.

Contract and Booking
1. A contract shall arise only when your deposit payment has cleared and your booking is subsequently confirmed in writing via post or email.

2. The Customer must be at least 18 years of age and authorised to make the booking on the basis of these Terms and Conditions by all other members of the Party. By making this booking, the Customer confirms that he/she is so authorised and that he/she has agreed to the Terms and Conditions herein.

3. When you receive your confirmation, you should check the details carefully. If anything is incorrect, you must tell us immediately. The Owner cannot be held liable for any mistakes that arise from you providing the wrong booking details.

4. We require an initial deposit of 50% of the full rent due to secure your booking. This deposit is non- refundable after seven days from the date of booking. The deposit shall be provided at the time of booking. If you are paying by cheque, this should be made payable to “The Nicholson Discretionary Trust.”

5. The balance payment shall be paid in full at least four weeks before the date of your arrival or, if there is less than four weeks to go, it shall be paid in full at the time of booking. Payments can be made by cheque, (provided enough time is allowed for the cheque to clear before your holiday starts) or electronic transfer. We can provide bank account details for an electronic transfer. Credit card payments cannot be accepted.

6. Please make sure we receive your payment on time, as we may re-book as soon as the due date for payment has passed.

7. A condition of staying with us is that you look after the Cottage as though it were your own. We reserve the right to request a security deposit of £100, which if requested must be paid with your balance payment or prior to your use of the Cottage. The cost of replacing any damaged or missing items or exceptional cleaning will be deducted from the security deposit and the remainder returned to you. In the information pack referred to in Clause 11 below you will find a note of the standard professional cleaning time required for the Cottage. In the event that additional time and materials are required following your departure they will be invoiced to you at cost. We also reserve the right to invoice you for any replacement items which cost more than £100 and for any other extraordinary additional costs incurred by us.

8. We will do everything we reasonably can to honour our commitments to you, but you accept our maximum liability to you on any grounds whatsoever is limited to the amount you have paid to us prior to the problem arising, save for personal injury or death caused through our negligence.

9. If any payment due in relation to your booking is not paid by the appropriate date then we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid at that date. We will normally send out a reminder to you before your booking is cancelled.

Check In / Check Out
10. Your Party may check in any time after 2.30pm on the date of your arrival (or earlier if prior arrangements have been made with us). Check out is any time before 10am on the last day of your stay. Please let us know your estimated time of arrival.

Information Pack
11. Each Cottage has an information pack of (i) useful local information; and (ii) instructions on how to use the specific facilities and services provided in your Cottage. As some of our facilities may not be familiar to your Party, it is essential that your Party familiarises themselves with the information pack on arrival. It is a condition of our contract with you that your Party respects the facilities provided and complies with the user conditions set out in the information pack.

Property Care and Visitor Obligations
12. There is strictly no smoking within the Cottage. A surcharge will be made for cleaning fabrics on evidence of smoking in the cottage.

13. Your Party is allowed to bring up to two dogs to the Cottage. Any additional dogs must be by prior consent and there will be a charge of £10 per additional dog per stay. Dogs must not be left unsupervised in the Cottage at any time. No other pets are permitted.

14. The number of guests permitted to stay in the Cottage at any time is restricted to the number of beds spaces.

15. In the unlikely event that you discover any damaged items in the Cottage on arrival, you agree to inform us immediately (so that you will not be held liable and to give us the opportunity to arrange a repair or replace the damaged items as soon as reasonably practicable).

16. The Owner and their representative have the right to enter the Cottage on giving you reasonable prior notice for the purpose of inspection, repair and all other necessary purposes except in cases of emergency, in which case the Owner and their representatives are entitled to enter the Cottage at any time without giving you prior notice.

17. You agree that your Party shall park their vehicles so as to cause no obstruction to any other guests or residents at Kames Castle Estate.

You agree to leave the Cottage in a clean and tidy condition

18. You understand and accept that the Cottage is let by the Owner for the purposes of a holiday let to which Section 12(2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. The booking agreement confers on your Party a right to occupy the Cottage for the agreed period of let only. You undertake to leave the Cottage without demand by 10am on the final day of the agreed period of let.

19. You shall not sub-let the Cottage or any part thereof.

20. Kames Castle Estate is a tranquil place and we ask you to help us in keeping it that way. You agree to prevent any member of your Party from causing a nuisance or disturbance in or around the Cottage or on the wider Kames Castle Estate. In the event of such a problem arising, we reserve the right to require you to vacate the Cottage on demand without payment of compensation to you.

Interruption of Services to the Cottage
21. Part of the charm of the countryside, with the beauty of our natural scenery and our distance from the bustle of the city, means that we have less security of supply of services that are taken for granted in cities.
Thankfully problems such as power cuts or uncooperative septic tanks are few and far between at Kames Castle. In the unlikely event of any such problems arising during your stay with us, we will use our reasonable endeavors to procure their early resolution on receiving notice from you that an issue has arisen. However, for the avoidance of doubt, you accept that as the extent of our liability. We shall not be liable to pay you any compensation should there be any problems with or interruption of services to the Cottage.

22. Please ensure that the Cottage is locked and secure at all times. We accept no responsibility for the security of the personal belongings which you bring to the Cottage.

Rent Includes
23. The rent you pay for the period of let of the Cottage covers the following:
(a) Use of linen and towels;
(b) Crockery, pots, pans, glasses; cutlery and all other moveable items and facilities in the property;
(c) A reasonable quantity of appropriate fuel for cooking, heating, etc. for your stay. Such provision will depend on which of our Cottages you are staying in (some are supplied with electric heating, oil or gas fuel heating and/or woodburning stoves). If any additional fuel is required during your stay in the Cottage, you will require to obtain the necessary fuel at your own cost.

Owner’s Liability
24. Under no circumstances will the Owner’s liability exceed the rental paid for the Cottage (save for personal injury or death caused by the negligence of the Owner).

Cancellation by the Customer
25. You may cancel within seven working days of confirmation of your booking. If you do so, your deposit will be returned in full.

26. If written notice of cancellation is received after seven working days of confirmation of your booking, we will attempt to re-let the Cottage; although no guarantee of successful re-letting is given. If the Owner is unable to re-let the Cottage, you shall remain liable for the full rent due. In the event of re-letting taking place, the deposit only will be retained and any balance will be returned to you.

Cancellation by the Owner
27. We do not expect to have to make any changes to your booking but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, we will contact you (by telephone where reasonably possible in the case of a significant change or cancellation or by post where the change to your booking is in our reasonable opinion a minor one) as soon as is reasonably practicable.

28. If a significant change has to be made to your booking (and the change is not acceptable to you) or your booking has to be cancelled, we will, if possible, and as soon as reasonably practicable, offer you an alternative property (from the range advertised by the Owner) of similar type and standard in a similar location for the same or similar time of year. If you accept this alternative property, you will not be required to pay any more than the price you paid for the original property.

If the alternative property offered is advertised at a lower price you will only need to pay the lower price. If you do not wish to accept a significant change or any alternative property offered or we cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund.

29. Please note the above options in clauses 27 and 28 are not available where any change made to your booking is a minor change.

Force Majeure
30. Your booking is accepted on the understanding that the Cottage will be put at your disposal on the dates agreed with us. Should this not be possible due to circumstances beyond our reasonable control, we cannot
guarantee that we will be in a position to provide an alternative holiday property. In this case the rental you have paid will be returned to you in full and you will have no further claim against us.

Unfair Contract Terms Act 1977
31. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or otherwise determined by any court to be unenforceable, the
unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions,
which shall remain in force as if the unenforceable provision had been eliminated.

32. The Owner has taken every care to ensure that the accuracy of property descriptions on their website and in their brochure and all information is provided in good faith and is believed to be correct, but they do not form
part of the contract between the Owner and the Customer.

Dispute Resolution
33. We would aim to resolve any disputes quickly and amicably. However if we can’t resolve any disputes by agreement you and we agree to Scots law applying and prorogate the exclusive jurisdiction of Greenock Sheriff Court.