Terms and conditions
“the Premises” shall mean the premises identified in the Deposit Receipt Document and/or the Balance Confirmation Document;
“Deposit Receipt Document” shall mean that document sent by EHA to the Customer upon receipt of the deposit;
“Balance Confirmation Document” shall mean that document sent by EHA to the Customer prior to the commencement of occupation of the Premises;
“the Customer” shall mean the person contracting for a right of occupancy of the Premises and to whom the Balance Confirmation Document is addressed;
“EHA” shall mean that partnership whose members are Sally le Bert-Francis and Anabel Lyth;
“the Owner” shall mean any person other than EHA identified in the Balance Confirmation Document;
The singular shall include the plural and vice versa. The masculine feminine and neuter shall embrace each gender and none save where the context otherwise requires.
The balance of the rental price under deduction of any deposit already paid must be received by EHA six weeks before the commencement of the let. For bookings made less than four weeks before the commencement of the let the whole rental price falls payable at the time of booking. Where payment by posted cheque is agreed for such a booking it must be received in ordinary course of post thereafter. EHA on behalf of the Owner may at their absolute discretion treat the booking of the Premises as cancelled in the event that any part of the price has not been received by the date when it ought to have been.
The property will be vacated by 11a.m. (unless prior arrangements have been made for a later departure time in which case it shall be vacated at the time agreed) on the day of departure and left in a clean and tidy condition. Excess cleaning will be charged at £12 per hour. All keys will be returned to the Owner or such person as EHA may nominate for the purposes of receiving them.
The deposit is non-returnable in the event of cancellation. In the event of cancellation once payment in full has been received by EHA the deposit is non-returnable, but a proportion of the balance may, in EHA’s absolute discretion, be returned if a substitute booking is received. The Customer acknowledges that the deposit is a pre-estimate of the costs and loss likely to be suffered by EHA and the Owner in the event of cancellation and in the event of full payment having been made, in the absence of a substitute booking being got, the full payment likewise a pre-estimate of the costs and loss likely to be suffered by EHA and the Owner.
All breakages and damage (except fair wear and tear) will be reported to EHA/ the Owner and reimbursement made.
The rental price quoted reflects the number in the party. Any additional visitors will be charged for on a per capita basis. The Owner and EHA reserve the right, without assigning any reason therefor, to decline admission to the Premises by persons additional to the numbers booked.
In the event that material changes occur to the facilities offered at the Premises as compared with those advertised as at the time of booking the Owner and EHA shall use reasonable endeavours to notify me of that occurrence within a reasonable time. In the event of being notified of such change the options of (a) proceeding with the holiday or (b) cancelling the holiday are offered. Should alternative (a) be accepted the Owner will pay such sum by way of compensation for the altered facilities as he in his discretion may think reasonable. Should alternative (b) be accepted the Owner will refund all monies paid. In that event the Owner accepts no liability to pay costs, including travel costs, or expenses incurred in reliance upon or anticipation of a holiday being taken at the Premises. In that event the Owner accepts no liability to compensate for loss of the enjoyment or other benefit which a holiday at the Premises might have afforded the individual or their party or for distress or vexation which might be experienced. Upon the happening of occurrences or events outwith the control of the Owner and/or EHA including any act or omission of a previous occupant of the Premises, compensation will not be payable should the Owner or his agent EHA be obliged to cancel the letting. In the event that the Premises shall not be available for let from any cause whatsoever including act of God, constructive or total destruction and their having been sold by the Owner any part or all of the rental price paid shall be refundable by the Owner, but no claim for damages or otherwise shall lie against the Owner or EHA.
EHA advise that travel insurance be obtained against the financial consequences of cancellation whether by the lessor or by the Owner/EHA in any of the circumstances to which the preceding provisions refer.
EHA accepts no liability for loss injury or damage arising out of or in connection with the letting of the Premises including such as may be caused by EHA’s own negligent acts or omissions.
Under and in terms of Schedule 5 to the Housing (Scotland) Act 1988, c.43 that possession of the Premises may be recovered on the following ground:-
3. that the premises are let for the period stated above and that within the period of 12 months ending on the date of the commencement of tenancy, the premises have been occupied under a right to occupy for a holiday.