The Contract

The Contract for a short-term holiday rental will be between the owners of Kirkdale Estate cottages (referred to as “us” or “we”) and the person making the booking and all members of the holiday party (referred to as “you”, “your”, “guests”) under the following booking conditions. Scottish law will govern the Contract. The Contract will be subject to these booking conditions, and must be complied with. The person whose name is on the booking form (referred to as the “Responsible Person”) agrees to take full responsibility for ensuring that all the following Terms and Conditions are adhered to by all members of the party.

The Responsible Person must personally stay at the accommodation throughout the holiday and be at least 18 years at the time of booking. The names, addresses and ages of all members of the party must be shared with the Owners on request. When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by post or email.

Terms of Use

You may access the property from 16.00 on the day or arrival (earlier arrivals are strictly by arrangement only). Please note that departure is by 10.00 on your final day (again, later departures are strictly by arrangement only). We need this time to ensure the cottage is ready for your arrival after the previous guests. On departure, you are requested to leave the accommodation in a clean and tidy condition. The includes washing up, dishwasher emptied, placing rubbish in bin liners and putting in outside bins, ensuring ovens are clean and free from grease. We reserve the right to make a charge of £35 for extra cleaning if the accommodation is not left in a satisfactory condition.

The property is let for the purposes of a holiday let to which section 12 (2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1998 apply. The booking agreement confers the right to occupy the accommodation for the agreed period only. You undertake to use the property solely for its purpose as self-catering accommodation and to accept the Owner’s right to refuse access to the accommodation to any person, whether the Responsible Person or guest of the Responsible Person, deemed unsuitable. Causing a nuisance or disturbance to neighbours or any unreasonable behaviour may result in the Owner requiring the Responsible Person or their guests to leave Kirkdale Estate.

Payment

Bookings are confirmed on receipt of the booking form and receiving the deposit of £250 per week of the holiday cost. The balance of the rental will be due for payment 42 days before the arrival date; you will be sent email notification that the balance is due. We reserve the right to cancel a booking where payment has not been received 42 days before the commencement date, in which case the deposit is forfeit. If the booking is made within 42 days of the arrival date then payment will be due in full. No entry to properties will be allowed without payment, in full, being cleared beforehand. Once you have a confirmed booking (i.e. the deposit has been paid and processed), you are responsible for the full rental cost even if you subsequently cancel.

Number of Persons Using the Property

Under no circumstances may more than the maximum number on persons stated on the www.kirkdaleestate.co.uk website occupy the property, unless by prior arrangement with the Owners, in which case there will be an additional charge at the Owners’ discretion. We reserve the right to refuse admittance if this condition is not observed.

Care of the Property

You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state or repair and in the same clean and tidy condition at the end of the rental period as at the beginning. You undertake the leave the property secure if left unoccupied during the period of let. You must not use the properties for any dangerous, offensive, noisy activities or carry on there any act that may be a nuisance or annoyance to the owner or other properties with the surrounding area or the farming activities.

Cancellation

Policy for all holiday reservations received from 15/09/21 onwards.

Cancellations must be immediately notified to us by email. If you wish to cancel your holiday we will do our best to re-let your week however we will only be able to offer a refund of any funds paid if we are able to re-let your dates, less a £50 admin fee. If we are unable to re-let, you remain responsible for the full rental cost and there will be no refund.

Damages & Breakages

You are legally bound to reimburse us for the replacement, repair or extra cleaning costs on demand (although we would not charge for the odd glass or plate).

Internet Access

The internet is supplied free of charge in both Garden Cottage and Kirkdale Port.

Cancellation Insurance

Cancellation insurance is not compulsory but we strongly recommend such insurance to protect against the cancellation penalty. If you choose not to take holiday cover then you accept responsibility for any loss that you may incur due to your cancellation.

Cancellation by us for Reasons Beyond our Control (“Force Majeure”)

We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage, internet or other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property)(these are sometimes referred to as “Force Majeure Events”).

If, for any reason beyond our control, we are forced to cancel your Booking (or bring it to an end early) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable.

Pets

We do allow dogs and cats and only when they have been booked in and paid for. We permit up to two pets at £20 per pet per week per cottage. Pets must be house-trained, kept under proper control and not allowed on the furniture, and especially the beds and not left unattended in the property. Dog hairs are to removed from carpets and all dog waste collected and disposed of. Dog and cat owners will be held responsible for any damage caused to the property, contents or garden by their pets and for any extra cleaning required. When out walking within the property grounds/Estate please ensure dogs are kept under control at all times and on a lead around livestock and children/other guests. Dogs must not be allowed to disturb livestock, deer or birds. We reserve the right to see details of any dogs in advance and to refuse permission for them to be brought to the accommodation for any reason, including if they are considered unsuitable in character, size or behaviour, or liable to be a nuisance or danger to other guests.

Complaints

Every effort is made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We very much value your custom and want you to return. We appreciate and welcome all our return guests and new guests and will always do our best to resolve any problem or issue that may arise.

Liability

As far as the law allows, Kirkdale Estate, its employees and representatives shall not be liable to you or your party for loss, damage or injury to you or any of your party or your/their property or vehicles as a consequence of this agreement or the occupancy following thereon. You indemnify Kirkdale Estate against loss, damage or injury sustained to the property or any persons as a result of any breach of these conditions or arising from the fault of you or any member of your party.

Right of Entry

We shall be allowed reasonable right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.

Accuracy of Details

The website is as accurate as possible but cannot be warranted, nor do the descriptions form any contract. Whilst every effort is made to ensure accuracy of property descriptions and images, the facilities and services may alter. We reserve the right to alter or improve any of the subjects without notice.

General

In the event that any individual term or clause stated in these Terms and Conditions of Let is not permissible by law, the remainder of the agreement shall remain valid.

We have successfully received Scottish Government Short-Term Licences for both properties.

Kirkdale Port, Licence number: DG00589F

Garden Cottage, Licence number: DG00590F