from the lawns) before final departure . The Owner will be entitled to charge
for any cleaning made necessary by pets.Definitions:
"Owner" : the owners of Cairncroft
"Owner's agent(s)" : any person authorised by the Owners to represent
them in dealings with the Holidaymaker (and whose identities have been made
known to the Holidaymaker).
"Holidaymaker" : every adult member of the party intending to occupy
Cairncroft, jointly and severally.
"Booking Confirmation Form" : the form issued to the Holidaymaker
by the Owner, following receipt of the Holidaymaker's request for a booking,
signifying the Owner's acceptance
"the holiday" : the total continuous period during which the Holidaymaker
will rent Cairncroft
The contract is between the Owner and the Holidaymaker, and is subject to the following terms and conditions.
1. General: A contract between the Holidaymaker and the Owner is entered into upon the Owner issuing the Booking Confirmation Form, and upon payment of the deposit by the Holidaymaker.
2. Payment of rent etc:
2.1. bookings and reservations shall only be negotiated by the Owner on payment
of a deposit equal to one third of the total cost
of the holiday. The balance must be paid not later than four
weeks before the start of the holiday. Failure to do so will constitute
cancellation of the holiday by the Holidaymaker.
2.2. if the Holidaymaker books the holiday less than eight weeks from its start, the full rent for the holiday must be paid prior to the issue of the Booking Confirmation Form.
2.3 in addition to the rent, the Holidaymaker will be liable to pay for:
2.3.1 the cost of all electricity
consumed during the holiday at the rate
of 14 pence per standard unit & 8 pence per Total Control
unit. Meter readings will be taken upon arrival & departure. The Holidaymaker
must pay the amount due directly to the Owner, before departure at the end of
the Holiday.
2.3.2 the cost of all solid
fuel at the rate of £11 per bag of coal and £6
per bag of logs (although a limited initial supply of coal and kindlers may
be supplied free of charge, at the Owner's discretion)
2.3.3 the use of duvet covers, sheets, pillow cases and
towels, (if the Holidaymaker has requested that the Owner provide these),
at an additional charge of £9.00 per person, which must be paid
not later than four weeks before the start of the holiday.
3. Cancellation or Alterations by the Holidaymaker:
3.1. any cancellation by the Holidaymaker (for whatever reason) must be made
in writing to the Owner. If the reason for cancellation qualifies under any
of the foregoing reasons: illness, death, accident or jury service of a person
in the party which prevents the holiday from taking place / illness, death,
accident of the person’s husband, wife, child, father, mother / qualifying
redundancy / cancellation of leave by HM Armed Forces or HM Police, then the
Owner will repay any monies paid by the Holidaymaker in accordance with the
table set out below:
| Number of clear days before start of the holiday that notice of cancellation is received by the Owner | Amount of the holiday rent refundable by the Owner |
| more than 56 days | All (less £40 administration fee) |
| 29 to 56 days | Deposit forfeited (i.e. balance, if paid, refunded) |
| 0 to 28 days | Nil |
3.2. Where there is no qualifying reason for cancellation pursuant to 3.1. herein, the Holidaymaker will not be entitled to the return of any monies paid up to and including the date of cancellation.
3.3. prior to payment of the final balance, where it is possible to accommodate changes to the holiday booking at the Holidaymaker’s request, the Owner will charge an administration fee of £25.00 and a revised Booking Confirmation Form will be issued.
3.4. Where the Holidaymaker has paid the final balance, requests for any subsequent changes to the holiday booking, at the Holidaymaker’s request, cannot be considered. Should the Holidaymaker then wish to cancel the holiday Condition 3.2. above will apply.
4. Unacceptable behaviour. The Owner is entitled to ask the Holidaymaker to leave Cairncroft, without refund of monies paid, if in the reasonable opinion of the Owner the behaviour of the Holidaymaker is unacceptable.
5. Limitation of Liabilities. The Holidaymaker shall be entitled to the protection afforded him by the Unfair Contract Terms Act 1977 and accordingly nothing in these Conditions shall apply to exclude or restrict any liability which under subsections 2(1), 6(1) or 7(2) of that Act cannot in the relevant circumstances be excluded or restricted. Where loss or damage arises from breach of contract, negligence, misrepresentation or otherwise, the Owner shall not be under any liability to the Holidaymaker or to third parties for any loss or damage howsoever arising.
6. Website Information. The information contained in the Cairncroft website is believed to be accurate. Whilst the Owner takes reasonable steps to ensure accuracy, they cannot accept responsibility for errors contained in the website or the results thereof. The Holidaymaker must accept that minor differences between the text and photographs/illustrations and the actual property may arise. All distances are approximate and facilities may be altered or withdrawn (but not to an extent to affect the enjoyment of the holiday substantially).
7. Alterations or Cancellation by the Owner. In the unlikely event, and where the Holidaymaker is not already in breach of these Terms & Conditions, it is necessary for the Owner to cancel the holiday accommodation or advise of a major alteration to the same, the Owner will refund in full all monies paid and be under no other liability.
8. Number of Persons Using Cairncroft. The number of persons using Cairncroft must not exceed the number notified to (and agreed by) the Owner. The Owner is entitled to ask the Holidaymaker to leave if this condition is broken. This will be treated as a cancellation by the Holidaymaker and Condition 3.2. herein will apply.
9. Pets .
9.1 Pets are permitted, up to a maximum number of two. If the number of pets
is exceeded, the Owner is entitled to refuse entry and this will be treated
as a cancellation by the Holidaymaker and Condition 3.2. will apply.
9.2. Holidaymakers are liable for all damage caused by pets. Holidaymakers
are asked to remove all trace from Cairncroft of
pet occupation (inside and outside - including bodily waste
from the lawns) before final departure . The Owner will be entitled to charge
for any cleaning made necessary by pets.
9.3. Pets are not allowed on beds or furniture.
9.4. Pets must not be left unattended at any time in Cairncroft. The Owner reserves the right to ask the Holidaymaker to desist if this condition and is breached and failure by the Holidaymaker will entitle the Owner to ask the Holidaymaker to leave and all monies paid will be forfeited.
10. Arrival and Departure:
10.1. Unless otherwise stated on the Booking Confirmation Form, the normal time
of occupation is after 4.00pm on the holiday start
date, and Cairncroft must be vacated by 10.00am
on the last day.
10.2. It is incumbant upon the Holidaymaker to make contact with the Owner no later than 48 hours before the Holiday start date to finalise all arrival details including particularly an agreed time of arrival and/or any key collection arrangements. Thereafter, the Holidaymaker must advise the Owner of any arrival delay at the earliest possible moment so that suitable arrangements may be made for later entry. Where delayed arrival prevents the Holidaymaker immediately accessing Cairncroft, the Holidaymaker will bear full and complete responsibility for arranging and bearing the cost of any temporary accommodation, or other temporary arrangements made, until access can be affected. The Holidaymaker will also be totally responsible for re-payment of any reasonable costs incurred by the Owner or the owner's agent, arising out of such delayed arrival.
10.3. If the Holidaymaker is unable to arrive at Cairncroft by noon on the day following the holiday start date, the Holidaymaker must telephone the Owner so that suitable arrangements may be made for delayed arrival. Failure to follow this procedure will constitute a cancellation of the holiday by the Holidaymaker and condition 3.2. will apply.
10.4. The Owner cannot accept liability for any claim arising out of delayed arrival, or cancellation of the holiday by the Holidaymaker, due to any adverse weather conditions which prevent travel to Cairncroft, temporarily or at all.
11. Holidaymaker’s Responsibilities
11.1. the Holidaymaker must keep Cairncroft and all furniture, fittings
and effects, in or on Cairncroft in the same state of repair and condition as
at the start of the holiday, and must leave Cairncroft
in the same state of cleanliness and general order in which it was found.
The Owner will be entitled to make an additional charge to the Holidaymaker
if extra cleaning is made necessary as a result of the property being left in
a dirty condition upon the Holidaymaker’s departure.
11.2. The Holidaymaker will be responsible for all damage or loss which occurs to the property or its contents during occupation, and must notify the Owner forthwith upon any such damage or loss occurring.
11.3. Where Holidaymaker abuses Cairncroft and/or displays rude or offensive behaviour towards the Owner or the Owner's agents or local people, the Owner will be entitled to terminate the holiday and no refund will be due.
11.4. It is the responsibility of the Holidaymaker to make any specific requirements/needs known at the time of booking and to ensure that Cairncroft is suitable for such needs.
11.5
Sorry - smoking is not permitted inside Cairncroft.
12. Dissatisfaction
12.1 It is important to the Owner that the Holidaymaker has an enjoyable
holiday at Cairncroft and every effort is made to ensure this happens. However,
in the unlikely event of dissatisfaction, or any problem with Cairncroft, the
Holidaymaker must advise the Owner immediately upon arrival, or immediately
a problem occurs during the holiday, so that a fair opportunity to rectify any
difficulties is given. Should the Holidaymaker fail to follow this procedure
then the Owner will place into effect condition 12.2. herein.
12.2. If the Holidaymaker vacates Cairncroft prematurely as a result of any alleged dissatisfaction, or makes any form of claim upon return from the holiday, and has not followed the simple procedure above, then no liability for any subsequent claim will be accepted or correspondence entered into.
13. Access. The Owner shall be allowed access to Cairncroft at any reasonable time during the holiday occupancy. This shall include access to the gardens to mow the lawns, as necessary.
14. Prices. All prices stated in this website are correct at the time of going to press, but may change without notice. The rent stated will not be varied, save in respect of condition 15 hereof.
15. Taxation. The Owner reserves the right to vary the rental in the event that council tax, or other property tax, or the level of V.A.T. is increased. The Owner will give at least eight weeks notice to the Holidaymaker of any increase in the rent.
16. Headings: these Conditions shall be read and construed without reference to their clause headings which are included for convenience only.
17. Legal jurisdiction. The law governing the contract between the Owner and the Holidaymaker shall be the law of England & Wales
18. These booking conditions supersede all previous issues.