Terms & Conditions
1 TERMS AND CONDITIONS
1.1 In these terms & conditions the following expressions shall have the following meanings:-
1.1.1 “The Owner” shall mean Hayley & Scott Hunter, Headshaw Farm, Ashkirk, Selkirk, TD7 4NT, Scotland.
1.1.2“The Client/Customer” shall mean the person in whose name the booking is made and shall include the person or persons on whose behalf the same is made.
1 .1.3 “Lead Customer” means the person making the Reservation.
1.1.4 “Accommodation/Property” shall mean the Trail House & Mini Trail House owned and operated by Hayley & Scott Hunter, Headshaw Farm, Ashkirk, Selkirk, TD7 4NT, Scotland
1.1.5 “Purchase Price” means the total price of Accommodation and any other services that are confirmed in the Reservation.
1.1.6 “Reservation” means a contract between the Customer and The Trail House to purchase Accommodation, Services and/or Third Party Services.
1.1.7 ” Arrival” means the date on which You arrive at the Accommodation
1.1.8 “Services” means any service provided directly by The Trail House
1.1.9 “Third Party Services” means any services not directly provided by The Trail House
1.1.10 “Us/We/Our” means The Trail House its employees associates or agents.
1.1.11 “You/Your” means the Client/Customer.
2 RESERVATIONS
2.1 Reservations will only be accepted from adults over the age of 18 years. The Trail House reserves the right to refuse a Reservation where Customers will be under the age of 18 at the time of travel. The Lead Customer is responsible for providing correct information for all Customers.
2.2 For a Reservation to become effective, the following steps must be applied:
2.2.1 The Lead Customer will contact The Trail House by telephone, in writing or by email setting out their request.
2.2.2 The Trail House will confirm availability at the time of request.
2.2.3 The Lead Customer confirms verbally or via email that they wish to proceed on the basis discussed.
2.2.4 The Trail House shall hold the request for 5 working days. During this time a deposit of 30% of the Purchase Price must be received by The Trail House.
2.2.5 An email confirming receipt of the deposit will be sent by The Trail House to the Lead Customer.
2.2.6 On completion of steps 2.2.1-2.2.5, the Reservation becomes effective and legally binding.
2.3 Deposits are only refundable if We are unable to accept Your Reservation.
2.4 The Lead Customer is responsible for providing correct information for all Customers.
2.5 The remaining balance of the Purchase Price is payable in full no later than 8 Weeks prior to Arrival.
2.6 Reservations made within 8 Weeks of Arrival must be paid in full at time of making. If the Purchase Price is not received on time We reserve the right to cancel Your Reservation, without obligation to refund or make alternative arrangements as per clause 4.
2.7 Payments of the Deposit and remaining balance are to be made by UK bank transfer or Stripe Payment link only. Overseas Bank Transfer handling fees are at Your discretion. For guests who prefer to pay via card we use a secure payment link system provided by Stripe. Any refunds given for payments made by card will be returned minus the Stripe handling fee.
3 CANCELLATION BY THE OWNER
3.1 In the unlikely event that the Owner is forced to make any substantial changes to the Client’s holiday or even cancel it, we will offer you a full refund. We do, however, reserve the right to make these changes if appropriate. If you do accept a refund, we will be under no further liability.
4 CANCELLATION BY THE CLIENT
4.1 All cancellations by the Customer must be in writing signed by the person who signed/sent the booking form/email and sent by recorded delivery or email. Cancellation applies only from the date of receipt by the Owner of such notice. If a cancellation is made by the Customer, then the following refunds will apply:
Cancellation period prior to commencement Refund due to Client (based on Purchase Price):-
More than 8 weeks 70% (deposit kept)
Up to 8 weeks before arrival – 55%
Up to 4 weeks before arrival – 40%
Up to 2 weeks before arrival – 25%
Less than 2 weeks before arrival – 0%
In the event of a cancellation charge arising under this clause the amount due must be paid by the Client to the Owner within 7 days of the charge arising, notwithstanding the fact that the Client’s holiday insurance policy may cover the cancellation charge. It is the Client’s responsibility to claim any such insurance monies due. In the event of a cancellation, refunds of amounts paid will be made if the Owner is able to re-let the “Accommodation”, and any expenses or losses incurred in so doing will be deducted from the refundable amount.
We recommend Client’s take out travel insurance on the same date as booking. This is relevant to both UK Client’s and those traveling from abroad.
5 CHANGES BY YOU
Should You wish to make any alterations to Your Reservation, You will need to inform Us in writing (via email or post) immediately to the address specified in Clause 1.1.4. Whilst We will endeavour to meet Your requests We cannot guarantee it.
The Trail House reserves the right to charge an administration fee to make any alterations to Your Reservation to enable Your requests to be met and will inform the Customer of any such costs as soon as possible. Where the alteration is to Third Party Services, The Trail House is not responsible for any costs incurred by that third party and You will remain liable to them for such costs and any outstanding balance in payment for the service to be provided.
For the avoidance of doubt, if the Customer alters the Reservation, each and every alteration will be treated as a variation to the contract between Us and the Customer.
6 CHECK-IN
Customers will be given access to the Accommodation via keysafe or be met at the Accommodation, at a prearranged time, on the day of Arrival unless otherwise agreed by Us in writing.
7 RENTAL PERIOD
The rental period shall commence at 1600 on the first day and finish at 1000 on the last day. The Owner shall not be obliged to offer the accommodation before the time stated and the Client shall not be entitled to remain in occupation after the time stated, unless by prior agreement.
8 CHECK-OUT
Customers must return their keys by 1000 hours on the day of departure. It is the Customer’s responsibility to ensure that the Accommodation is left in a clean and tidy condition. Any breakage of any items must be reported to The Trail House immediately. The Lead Customer will be responsible for the costs of all breakages
9 DAMAGE
A security deposit will be taken via third party bookings sites, Home Away and Airbnb, according to their terms and conditions. For direct bookings credit card details will be taken prior to or on arrival, no charge will be made unless necessary.
Clients will be liable for any damage caused by themselves or their guests. The security deposit will be refunded less the costs of any damage which may have occurred during the holiday or the cost of extra cleaning. However, the sum reserved by this clause shall not limit the Client’s liability to the Owner. The Owner will account to the Client for the security deposit and refund the balance due (less any deductions made to cover damage to the Property or any of its contents caused by the Client or any additional cleaning charges incurred by the Owner), within twenty-one days of the return of the keys at the end of the rental period.
The Client shall report to the Owner, without delay, any defects in the Property or breakdown in the equipment, plant, machinery or appliances in the Property or garden. Arrangements for repair and or replacement will be made as soon as possible.
10 RESPONSIBILITIES
The Client agrees to be a considerate tenant and to take good care of the “Property”, and to leave it in a clean and tidy condition at the end of the rental period. Although a final clean is included in our prices, the Owner reserves the right to make retention from the security deposit to cover additional cleaning costs, if the Client leaves the “Property” in an unacceptable condition. The Client also agrees not to act in any way which would cause disturbance to those residents in neighbouring properties. In addition, the Client undertakes to ensure that doors and windows are locked at all times when the Client leaves the Property whether during the day or at night. The Client will be responsible for any loss suffered by the Owner (for which the Owner is unable to claim under his own insurance policy) as a result of theft or illegal entry if entry is gained via unlocked doors or windows.
11 LIABILITY OF THE OWNER
The Owner shall not be liable to the Client in any way whatsoever, whether in damages, cost expenses, claims or proceedings for the following:
(a) Any temporary defect or stoppage in the supply of public services to the “Property”, nor in respect of any equipment, plant, machinery or appliance in the “Property” or garden,
(b) For any loss, damage or injury which is the result of adverse weather or civil conditions, riot, war, strikes or other matters beyond the control of the Owner.
(c) For any loss, damage or inconvenience caused to or suffered by the Client, if the “Property” shall be destroyed or substantially damaged before the start of the rental period and, in any such event, the Owner shall, within seven days of notification to the Client, refund to the Client all sums previously paid in respect of the rental period.
(d) Any loss damage or injury suffered by the Client, his family, children or guests howsoever incurred, during the term of the rental period. The Owner gives no warranty as to the suitability or safety of the house, hot tub or grounds for use or occupation by any person other than the Owner, and in particular for use or occupation by young persons and children under the age of 18. It is the responsibility of the Client to ensure that all young children are properly supervised by an adult at all times.
12 EXCLUSIONS
All Reservations exclude flights.
It is the Customer’s responsibility to ensure that all the relevant travel documentation is in place such as Visas, valid passports and any other such documentation that is required. The Trail House accept no responsibility in the event that the immigration officer refuses entry.
Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, epidemics, adverse weather conditions, fire and all similar events outside our control.
13 SPECIAL REQUIREMENTS
Please let Us know of any special requirements (for example: food, disability access) at the time of making Your Reservation. Although We cannot guarantee it, We will do our best to meet Your request but failing to do so will not constitute a breach of contract on our part.
14 INSURANCE
The Client is strongly recommended to arrange a comprehensive travel insurance policy (including cancellation cover) and to have full cover for the party’s personal belongings; public liability, etc, since these are not covered by the Owner’s insurance and no claim may be made by the Client under any insurance policy held by the Owner.
15 THIRD PARTY SERVICES
Bookings made for Third Party Services, such as mountain bike lessons, made on Your behalf by The Trail House are subject to the terms and conditions of the provider of the Third Party Service and any additional terms which may be laid down by Us. We act solely as intermediary on behalf of Third Parties and does not warrant the standard of performance of any Third Party Service.
16 PERSONAL POSSESSIONS
All baggage and personal possessions remain at all times and in all circumstances at the Customer’s risk.
17 CUSTOMER BEHAVIOUR
The Customer undertakes to deport himself/herself in an orderly fashion and not to disrupt the enjoyment of others or to prejudice the reputation The Trail House’s reputation with the owners of its Accommodation, neighbours or Third Party Service providers. The Reservation of any Customer in breach of this clause shall be terminated and We shall have no further contractual obligations towards him/her and shall not be obliged to offer any refund.
18 COMPLAINTS PROCEDURE
In the event of any problems arising during Your time at the Accommodation, You should immediately report it to The Trail House (Hayley Hunter or Scott Hunter, Headshaw Farm, Ashkirk, Selkirk, TD7 4NT Scotland) specifying in writing all the relevant details in order for Us to undertake a thorough investigation. If the matter cannot be resolved on the spot and You wish to take it up on Your return, We must be notified in writing within 14 days of Your departure from The Trail House.
19 DATA PROTECTION
The information You provide to Us may be passed on to third parties to enable Us to arrange any special requests made by You.
20 FEEDBACK
We are always interested in hearing Your feedback on Your holiday.
21 JURISDICTION
Notwithstanding the above, under no circumstances shall the Owner’s liability to the Client exceed the amount paid to the Owner for the rental period. This contract shall be governed by Scots law in every particular including formation and interpretation and shall be deemed to have been made in Scotland. Any proceedings arising out of or in connection with this contract may be brought in any court of competent jurisdiction in Scotland.
22 SMOKING
Smoking is not allowed within the confines of the Accommodation.
23 PETS
Pets are permitted at the Accommodation only by prior agreement between the Customer and The Trail House.