BOOKING TERMS AND CONDITIONS

1.THESE TERMS

1.1 What these terms cover

These are the terms and conditions on which we offer holiday accommodation for you.

1.2 Why you should read them

Please read these terms and conditions carefully before you submit your reservation to us. These terms set out the basis on which the contract with us is made, how the holiday accommodation will be supplied to you, how the contract may be changed or brought to an end, what to do if there is a problem, and other important information. If you think anything is unclear, please contact us to discuss your concern.

1.3 “Writing” includes emails

When we use the words “writing” or “written” in these terms, this includes emails.

2. OUR ACCOMMODATION
2.1 Accommodation may vary slightly from the pictures

The images on the website were accurate at the time of its creation, but are for illustrative purposes only.

2.2 Restrictions on who may occupy the property

  • We do not accept bookings for hen parties, stag parties, weddings or other special events without prior discussion and our prior written agreement.

  • You must be 21 years or over when booking and, by booking, you accept responsibility for the behaviour of all those who either stay in the property or visit you during your stay. You are responsible for maintaining up to date contact details of all those who stay in the property or visit you during your stay.

  • The number of occupants staying overnight must not exceed the stated house capacity except with our prior written agreement.

  • Failure to comply with these restrictions will entitle us to terminate your right of occupancy with immediate effect and to retain any rental fees held by us. Such failure may also invalidate our insurance and lead to an additional claim against you for any damage or loss suffered by us, including but not limited to any uninsured losses.

2.3 No smoking

This is a non-smoking property. Additional cleaning costs will be charged if evidence of smoking or vaping is detected during or after your stay.

2.4 Pets

Pets are not permitted within the property.

2.5 Arrival and departure

You may arrive any time after 16.00 on the first day of your stay and must vacate the property before 10.00 on the final day of your stay. Early arrival or late departure is likely to impact the cleaning of the property, and may result in you being charged additional cleaning costs or, in the case of early arrival, a refusal of access to the property until 16.00.

2.6 Fuel and heating

The central heating system will be set to maintain the property at an acceptable temperature for all seasons. Such fuel is provided and included in the rental price. However, the fuel included is not unlimited and special arrangements can be made for you to purchase additional fuel and central heating.

2.7 Internet services

Internet access is provided, but it is not guaranteed to be provided without interruption or to be up to a particular standard.

3. GOOD HOUSEKEEPING

3.1 Condition of the property

You agree to keep the house and its contents in the same condition of cleanliness, repair and general order as when you first arrived.

3.2 Good Housekeeping

You may be charged up to £300 if you damage the property or its contents, or leave the property in a state that causes additional cleaning requirements.

4. YOUR RIGHTS TO MAKE CHANGES

4.1 If you wish to make a change to your reservation please contact us. We will let you know if the change is possible.

If it is possible to make the change, we will let you know if there are any changes to the rental price or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of the change are unacceptable to you, you may want to end the contact (see clause 6 - Your rights to end the contract).

5. YOUR RESERVATION

5.1 Reservation dates

Your reservation will be for the dates set out in your order as accepted in our confirmation email.

5.2 What will happen if you do not give required information to us

We may need certain information from you so that the accommodation can be supplied to you, for example, the number and age categories of the occupants, and details of special requirements. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us an incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result of your failure to give us any of the required information. We will not be responsible for the late arrangement of or any failure to arrange the accommodation or any part of it if this is caused by you not giving us the required information within a reasonable time of us asking for it.

5.3 We may cancel your reservation if you do not pay

If you do not pay us for the reservation when you are supposed to (see clause 8.1) and you still do not make payment within seven days of us reminding you that payment is due, we may cancel your reservation. We will contact you to tell you we are cancelling your reservation and to require the overdue payment. In addition, we can also charge you interest on your overdue payments (see clause 10.5).

6. YOUR RIGHTS TO END THE CONTRACT

6.1 You can end your contract with us but the legal consequences of doing so will vary.

Your rights and obligations when you end the contract will depend on what accommodation you have reserved, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

  1. If the accommodation does not conform to the contract or has been mis-described to a material extent you may have a legal right to end the contract (or have the contract re-performed or to get some or all of your money back), see clause 9;

  2. If you want to end the contract because of something we have done or have told you we are going to to do, see clause 6.2;

  3. In all other cases (if we are not at fault), see clause 6.3.

6.2 Ending the contract because of something we have done or are going to

If you are ending the contract for a reason set out (1) to (3) below, the contract will end immediately and we will refund you in full for any reservation which has not been fulfilled. The reasons are:

  1. we have told you about an upcoming significant change to the property or any change to these terms which you do not agree to, including under clause 8.4;

  2. we have told you about an error in the price or description of the property and you do not wish to proceed; or

  3. you have a legal right to end the contract because of us not complying with the contract.

6.3 Ending the contract when we are not at fault and there is no right to change your mind

Even if we are not at fault, you can still end the contract before it is completed, but, if you do, you may not be entitled to a refund (see clause 7.2). Please contact us if you would like to end the contract.

7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

7.1 Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

Call us on +44 (0) 7891 578998 or email us at enquiries@blackisleberries.co.uk. Please provide your name, home address, details of reservation, email address and telephone number.

7.2 When you are (and are not) entitled to a refund

(a) If you are cancelling your reservation for a reason set out in clause 6.2:

you will receive a full refund.

(b) If you cancel your reservation, for reasons other than those set out in clause 6.2, more than 30 days prior to your arrival date:

  • You will receive a full refund.

(c) If you cancel your reservation, for reasons other than those set out in clause 6.2, fewer than 30 days prior to your arrival date:

  • and the reservation has been made within the 30 days before check-in, a full refund will be made if the reservation is cancelled within 48 hours and at least 14 days before check-in; or

  • the reservation was made more than 30 days before check-in, cancellations up to 7 days before check-in will receive a 50% refund;

  • no refunds will be made for cancellations made less than 7 days before check-in.

7.3 How we will refund you

If a refund is due, we will refund you the appropriate amount (less any deductions provided for in these terms) by the method you used for payment, where possible.

7.4 When your refund will be made

If you are entitled to a refund, it will be paid as soon as possible but no later than 14 days of notification.

8. OUR RIGHTS TO END THE CONTRACT

8.1 We may end the contract if you break it

We may end the contract at any time by writing to you if:

  • you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;

  • you breach clause 2.2 (Restrictions on who may occupy the property) or clauses 2.3 (Pets) or 2.4 (Smoking) or we have reasonable grounds to believe such a breach is likely;

  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to perform the contract.

8.2 When we may refuse you access or further access to the property or require you to vacate the property

We may require you to vacate the property or may refuse you access to the property in the following circumstances:

  • you breach clause 2.2 (Restrictions on who may occupy the property) or we have reasonable grounds to believe such a breach is likely;

  • you bring a pet to the property (clause 2.3);

  • you arrive at the property prior to 16.00 (or other agreed arrival time) on the first day of your stay or depart from the property after 10.00 (or other agreed departure time) on the last day of your stay;

  • you or any guest smokes in the property;

  • you or your guest engage in illegal or anti-social behaviour;

  • intentional or significant damage is caused to the property or its contents during your stay.

8.3 Consequences if you breach the contract

If we end the contract in the situations set out in clause 8.1 or clause 8.2, a refund will not be payable.

8.4 We may withdraw the property

On very rare occasions, due to exceptional circumstances, we may write to you to let you know the property is not available. You will be refunded your original rental deposit together with any further payments you have made to us.

9. IF THERE IS A PROBLEM WITH THE PROPERTY

9.1 How to tell us about problems

If you have any questions or complaints about the property, please contact us so that we can rectify any problem quickly.

9.2 Summary of your legal rights

We are under a legal duty to comply with this contract. Nothing in these terms will affect any of your statutory rights.

10. PRICE AND PAYMENT

10.1 Where to find the price of the property

The price of the property is the price indicated on our website and the order page when you place your order.

10.2 What is included in the price

Once you receive our confirmation email, payment of the price secures your reservation of the property. The price does not include travel or health insurance, which you should purchase separately. The uninsured nature of the reservation is reflected in the price, and the risk of not being entitled to a refund in circumstances such as those set out in clause 7.2 is allocated to you. This is why we recommend you take out suitable insurance.

10.3 When you must pay and how you must pay

We accept payment by credit/debit card.

We can charge interest if you pay late

If you do not make any payment to us by the due date, we may charge and you must pay interest on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of Scotland from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are responsible to you for foreseeable loss and/or damage caused by our breach of contract or negligence

If we fail to comply with these terms or fail to use reasonable care and skill and breach any non-contractual duty to you, we are responsible for loss or damage directly attributable to our breach of contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that was not foreseeable when the contract was made. Loss or damage is foreseeable if either it was obvious that it would happen or if, at the time the contract was made, both we and you had been made aware it might happen, for example, if you discussed it in writing with us during the reservation process. Again, we would urge you to consider taking out insurance to protect your losses or against damage in relation to situations where you are not entitled to a refund or are unable to make the stay for any reason.

11.2 We limit our liability

Our liability to you is limited to the amount of the contract price actually paid to us by you. However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so.

11.3 We are not liable for business losses

The property is made available for private use only unless agreed in writing with us at the time of making your reservation. If, with or without our prior approval, you use the property for any commercial or business purpose, we will not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Sub-letting of the property is not permitted and you will be liable for any losses arising from any sub- letting.

12. HOW WE USE YOUR PERSONAL INFORMATION

12.1 How we may use your personal information

We will use your personal information to the extent required to fulfil the contract, and your personal information will be dealt with as set out in our Privacy Policy.

13. OTHER IMPORTANT TERMS

13.1 Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.2 If a court finds part of this contract illegal, the rest will continue in force

Each of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or that we have acquiesced in the breach and any such indulgence by us will not indicate we have waived any rights to take legal action against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date

13.4 Which laws apply to this contract and where you may bring legal proceedings.

These terms and any proceedings in any jurisdiction relating to them are governed by Scots Law.

You can bring legal proceedings in respect of the contract in the Scottish Courts. If you live in England or Wales, you can bring legal proceedings in respect of the contract in either the Scottish or the English or the Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the contract in either the Northern Irish or the Scottish courts.

Updated 25 May 2022