1. GENERAL BOOKING CONDITIONS
1.1 It is important that you read our Terms and Conditions before making any booking. The contract will be entered into with you, and your booking will be confirmed, when we send you an Invoice confirming the booking. The contract with you will be subject to these Terms and Conditions.
1.2 A confirmation Invoice will be sent to you by e-mail or post and will detail the accommodation and dates which you have booked with us.
1.3 The person making the booking will be the person in charge of, and responsible for, all persons occupying the Property.
1.4 Should the Tenant comprise two or more persons, any obligations or liabilities expressed or implied in terms of this Agreement apply to such persons on a joint and several basis.
1.5 The rental of the Property in terms of this Agreement does not constitute an Assured Tenancy in terms of the Housing (Scotland) Act 1988, or any relevant amendment thereof. The Property is available for occupation for holiday use only and the Tenant acknowledges that no security of tenure shall be conferred on the Tenant in the terms of the said 1988 Act or any other relevant legislation.
1.6 The Tenant shall not be entitled to assign, sublet, part with, or share possession or occupation, of the Property or any part thereof.
2. THE LANDLORD
The Landlord is Braemar Mountain Sports Limited (SC267232), having their Registered Office at 5 Invercauld Road, Braemar, Aberdeen-shire, AB35 5YP.
3. THE TENANT
The Tenant shall be one or more persons aged 21 years or over as the date of commencement of the Period of Let. Or with written consent of landlord if younger.
4. THE PROPERTY
The Property being rented in terms of this Agreement, shall comprise: –
As referred to in your booking invoice
The maximum number of persons permitted to occupy the Property must not exceed those as stipulated in your booking form and as described on the booking website. The Landlord reserves the right to insist upon the Tenant vacating the Property should the maximum occupancy limit be exceeded at any time and in that event no compensation shall be payable to the Tenant.
5. PERIOD OF LET
The period of let shall be as per your booking form and set out in your invoice.
The maximum Period of Let available shall be 4 consecutive weeks, unless the Landlord consents in writing to a longer period.
6. RENTAL PAYMENT
6.1 For bookings placed more than 4 weeks in advance, the Tenant shall pay a deposit amounting to 30% of the Rent payable in terms of this Agreement. The remaining balance (70%) shall be paid by the Tenant not later than 4 weeks prior to the commencement of the Period of Let. Should the Tenant fail to make payment by the due date, a reminder will be sent by the Landlord to the Tenant by post or e-mail. Should the Tenant fail to make payment in full within 14 days of the due date, the booking will be cancelled by the Landlord without further notification to the Tenant
6.2 In relation to bookings made less than 4 weeks in advance of the arrival date, the Tenant is required to pay the Rent in full at the time of the initial booking.
7. PROVISION OF STORAGE
The Landlord shall, endeavour to provide the Tenant with storage lockers for the storage of moveable items located adjacent to the properties and directly underneath The Bothy Cafe, subject to locker space being available during the Period of Let. The use of lockers and the storage of items, is entirely at the risk of the Tenant and the Landlord shall not be held liable for any losses which may be incurred by the Tenant, or those persons for whom the Tenant is responsible, as a result of the theft of, or damage caused to items stored within any locker provided.
8. CANCELLATION CHARGE
8.1. Should the Tenant wish to cancel a booking, the Tenant shall be required to notify the Landlord by e-mail or in writing without delay. The booking shall be cancelled by the Landlord with effect from the date of receipt of an e-mail or written notification from the Tenant and a cancellation charge shall be payable as undernoted.
8.2. In the event of the Tenant cancelling the booking, the following cancellation charges shall be payable by the Tenant: –
30 days or more – 30% of the total rental cost
30 days or less – 100% of the total rental cost
9. CONDITIONS OF USE
9.1 The Property shall only be used by the Tenant for the purposes of holiday accommodation and must not be used for any other purpose, including business or commercial purposes, without the prior written consent of the Landlord.
9.2 The Property shall be kept by the Tenant in a clean and tidy condition, and the Tenant shall not use the Property, or allow it to be used, for any dangerous, offensive or illegal purposes.
9.3 The Tenant, and those persons for whom the Tenant is responsible, must not behave in a way which causes annoyance or nuisance to any other person during the period of let.
9.4 Smoking is not permitted in any part of the Property.
9.5 The Tenant is responsible for the insurance of the Tenants personal belongings. The Landlord shall not be liable for the theft of, loss or damage to personal belongings of the Tenant.
9.6 The Tenant, and those persons for whom the Tenant is responsible, shall not be entitled to use for residential purposes any Campervan or other vehicle parked within the parking area allocated to the Property (if any).
9.7 Pets shall only be allowed in Callater Cabin and Cairnadrochit Cabin.
10. CANCELLATION OF BOOKING
In the event of unforeseen circumstances which result in the Landlord having to make changes or cancel the booking, the Landlord will do its best to offer suitable alternative accommodation to the Tenant. Should the Landlord be unable to offer suitable alternative accommodation or should the alternative accommodation offered be unacceptable to the Tenant, the Rent previously paid by the Tenant shall be refunded. In the event of a change or cancellation, the Landlord shall not be responsible for any losses suffered by the Tenant, directly or indirectly, as a result of such change or cancellation.
11. DAMAGE TO PROPERTY
The Tenant is responsible for any costs incurred by the Landlord by way of repair or replacement as a result of any non-accidental damage to the Property and/or the furnishings and contents thereof.
12. LANDLORD’S RIGHT OF ACCESS
During the Period of Let, the Landlord may require access to the Property in the event of a complaint being made or to undertake necessary repair or maintenance works. In that event, the Landlord shall endeavour to provide the Tenant with advance notice of the date and time when access is required in order to avoid inconvenience other than in an emergency situation.
13. RIGHT TO EVICT
The Landlord shall be entitled to terminate the contract with the Tenant, and insist upon the Tenant vacating the Property with immediate effect, in the following circumstances: –
13.1 Should the Landlord consider that the Tenant has materially breached these Terms and Conditions.
13.2 Should the Landlord consider that the behaviour of the Tenant, or those persons for whom the Tenant is responsible, is of an anti-social or unacceptable nature and/or endangers the safety of other persons at or around the Property.
13.3 Should the Tenant, or any person under the supervision of the Tenant under the age of 16 years, cause material damage to the Property or the furniture/contents.
14. GOVERNING LAW
The Terms and Conditions of this Agreement shall be governed by and construed in accordance with Scots Law and both Landlord and Tenant irrevocably submit to the exclusive jurisdiction of the Scottish Courts.