Dunnet Bay Accommodation - Dunnet Bay, Caithness

These are the terms and conditions (‘Terms and Conditions’) regulating any agreement or booking, whether provisional or full, at Dunnet Bay Accommodation. The parties in the Terms and Conditions are:

1. George Campbell, owner and operator of the accommodation and business of Dunnet Bay Accommodation (‘Owner’);

2. the person making the booking (‘Party’); and

3. all adult members of the holiday party (‘Guest’).

The accommodation is the property or properties rented from Dunnet Bay Accommodation (‘Property’ or ‘Properties’).

Booking:

When a booking form is submitted via the Owner’s online reservation system this is a proposed booking. At this stage an automatically generated booking summary will be sent by the Party by email to the email address provided in the booking form. This does not form a contract between the parties. A contract is only formed when the proposed booking is subsequently confirmed by post or email and on payment of the deposit, as referred to below. At that stage there is a booking in place (‘Booking’).

Third Party Bookings:

Where a Bookings has been received via a third party or other bookings platform, these Terms and Conditions take precedent.

General Conditions:

Guests should be passed a copy of these Terms and Conditions by the Party. The Party should confirm to the Owner the full name, address,  nationality and contact details of all Guests, these details to be received by the Owner at least 48 hours before arrival at the Properties. In the event the Party has not provided these details prior to the Guests’ arrival at the Properties, and the Owner has allowed the booking to proceed despite this, the Guests must provide this information on arrival. If the Guests fail to do so the Owner may terminate the Guests’ rental period with no refund. In that event, the Owner will not be responsible for costs, loss of holiday, damages, other expenses nor any other costs incurred by the Guests or anyone associated with them. The Party, whether or not it is physically attending the Accommodation as a Guest, and whether or not it has circulated these Terms and Conditions to the Guests, is responsible for the acts and/or omissions of the Guests, whether the Guests are adults or minors, and is personally responsible for any issues, damages, losses and/or costs, howsoever incurred, arising from those acts or omissions. The Party will remain the point of contact through the Booking, up to, during and after the rental period. The Party is personally liable for all payments due in respect of the Booking and in respect of these Terms and Conditions, including but not limited to the cost of the rental period and any cancellation fees, interest, costs, penalties or damages payable under these Terms and Conditions.

Deposit and Payment:

Bookings are confirmed only on receipt (in cleared funds) of the deposit of 25% of the total holiday cost. The balance of the rental must be paid (in cleared funds) no later than 42 days before the arrival date, regardless of whether the Booking was made direct through the Owner’s online reservation system or by a third party platform. The deposit and the balance of the rental are referred to as the ‘Rental Payment’. Cleared funds means all payments by bank transfer or deposit must be received in the Owner’s designated bank account or, if by cheque, the cheque must have cleared before the deadline. Where the balance of the rental payment is not received in cleared funds before the deadline the Owner may, but is not obliged to, cancel the booking. In that case the deposit paid will not be returned to the Party, nor the Guests, but will be retained by the Owner. If any additional payments have been made to secure additional services these will be returned to the Party or the Guests but under deduction of a reasonable admin fee charged by the Owner and under deduction of any costs incurred by the Owner or deposits or other payments made by the Owner in respect of the additional services. If the Owner cancels the booking due to non-payment of the balance, he will intimate this in writing by email, fax or post.

Where a Booking is made within 42 days of the arrival date, payment will be due in full at the time of Booking and no contract is created until the full rental charge is received by the Owner in cleared funds and confirmation of that is sent to the Party. If Guests attend at Properties and seek entry where there has been a failure to pay all or part of the Rental Payment due, access will be denied.

Once there is a Booking, the Party is responsible for the full Rental Payment even if there is a cancellation. The Owner recommends that the party and Guests have holiday insurance in place which covers any eventuality, including cancellation.

Cancellations must be notified to and received by the Owner in writing (preferably by email) and once received the Owner will confirm and process a cancellation request.

Circumstances beyond the Control of the Owner (Force Majeure):

If for any reason the Owner has to cancel the Booking prior to the arrival date due to circumstances beyond his control, including but not limited to: Covid restrictions; fire; flood; exceptional weather conditions; pandemics or epidemics; destruction/damage to the property or any other matter including force majeure:

• if the cancellation occurs prior to the rental period commencing, the Owner will refund all payments made to him by the Party. The owner will not be responsible for any interest, cancellation costs, other costs, loss or inconvenience to the Party or the Guests. No compensation, expenses nor costs will be payable by the Owner;

• if the cancellation occurs when the rental has commenced, the Owner will refund part of the booking fee based on a pro rata calculation of the time remaining of the booking. The Owner but will not be responsible for any interest, cancellation costs, other costs, loss or inconvenience to the Party or the Guests This will be the full extent of the liability of the Owners. No compensation, expenses nor costs will be payable by the Owner; and

• if cancellation is due to the owner asking the Guests, or some of their number, to leave the property before the end of the rental period due to their acts or omissions,, no refund, partial or otherwise, will be given. See below for further details.

Liability:

The Owner, his employees, contractors and representatives shall not be liable to the Party nor the Guests for any loss, damage or injury to them or their property, with the exception of death or personal injury to the Party and/or Guests caused by a breach of duty by the Owner. The Party indemnifies the owner against all loss, damage and/or injury sustained to the property or any persons as a result of any breach of the Terms and Conditions, any act or omission or any harm to person or property arising from the fault of the party, the Guests or any visitors or other member of their party.

Right of Entry:

The Owner, or any representatives of the Owner or sub contactors instructed by the Owner, shall be given access to the property at all reasonable times for purposes of inspection or to address any repairs or maintenance. In the event of an emergency, the Owner, or any representatives of the Owner or sub contactors instructed by the Owner, shall be given immediate access to the property to carry out inspection or repairs. The definition of reasonable and the definition of emergency shall be at the Owner’s sole discretion.

Accuracy of Information provided by Owner:

While every effort is made to ensure accuracy of property descriptions and images, the facilities and services may alter. The owner reserves the right to alter, amend or improve any of the subjects without notice. The descriptions and images on the Owner’s website are indicative only.

Insurance:

The Owner recommends that the Party and Guests have adequate insurance to cover their stay. The Owner does not provide any guest insurance. The Owner has in place Public Liability Insurance and the Owner’s own property insurance. Any damage to the property, its contents, fixtures and fittings must be paid for by the Party who will be personally liable for any damage and costs or loss arising from such damage, all of which will be at the sole discretion of the Owner.

Terms of Use:

Guests may access the property from 16:00 on the day of arrival (earlier arrivals are by prior agreement only, which must be agreed in writing between the parties). Guests must depart by 10:00 on the final day of the rental period (later departures are by prior agreement only, which must be agreed in writing between the parties). On departure, Guests must leave the Property in a clean and tidy condition. This includes: washing up (the dishwasher can be left running); place rubbish in bin liners and depositing in outside wheelie bins; and ensuring ovens are clean and free from grease. The Owner reserves the right to charge an appropriate amount for extra cleaning if the accommodation is not left in a satisfactory condition. The definition of ‘satisfactory condition’ shall be at the sole discretion of the Owner.

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 1988 apply. The Booking confers the right to occupy the accommodation for the agreed period only. Guests 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 Property to any person, whether the Party or Guests and their visitors, all at the Owner’s sole discretion. Causing a nuisance or disturbance to neighbours or any nuisance or unreasonable behaviour in general may result in the Owner requiring the Party and/or Guests to leave the Property. In that case there will be no refund of any part of the rental period which the Guests were not able to complete.

Number of Persons using the Property:

Under no circumstances may more than the maximum number of persons stated by the Owner and on the www.dunnetbayaccommodation.co.uk website occupy the property, unless by prior arrangement with the Owner, in which case there will be an additional charge at the Owner’s discretion. The Owner reserves the right to refuse admittance or terminate the stay early if this condition is not observed. No persons other than Guests as detailed in the booking information and provided by the Party may use the facilities at the Property, unless by prior agreement with the Owner, which agreement must be in writing between the parties.

Care of the Property:

The Guests are responsible for the Property during the rental period and must take all reasonable care of its furniture, pictures, fixtures, fittings and effects, in or around the Property. Guests must leave them in the same state of repair and in the same clean and tidy condition at the end of the rental period as at the beginning. Guests undertake the leave the Property secure if left unoccupied during the period of let. Guests must not use the Properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.

Damages & Breakages:

Although the Party is legally bound to reimburse the Owner for replacement, repair or extra cleaning costs on demand, the Owner is understanding of accidents and will not charge for an occasional glass or plate, as long as such breakages are intimated to the Owner so he can provide replacements. If Guests lose a key or keys they will be charged for the replacement costs and the Party will be personally liable for these costs if not paid by the Guests prior to departure.

Internet Access:

Internet access is provided for Guests’ use in all Properties. Guests agree to reasonable and lawful usage of this service. The Party is responsible for any excess or unlawful use by Guests and for any costs or penalties arising from such use.

Pets and Dogs:

The Owner allows dogs to occupy the premises with Guests but no other pets nor animals are permitted in the Properties. Whether specific dogs are allowed to attend at the properties is at the Owner’s absolute discretion. The type, size and breed of the dog(s) as well as the number must be disclosed to the Owner prior to any agreement being reached that dogs will be allowed in the Properties during the rental period. If allowed, the number of dogs will be agreed between the parties in writing. Dogs are not allowed in bedrooms. There is an additional charge of £35/dog/booking payable at booking stage. Assistance dogs are exempt from this charge. Please advise at the time of Booking if dogs are coming as the Owner will set up the Properties differently and remove difficult to clean items.

Dogs must be house-trained and kept under proper control. They must not be allowed on furniture nor in any bedrooms. Dogs must not be left unattended in the Properties. Dog hairs are to be removed from carpets using the vacuum cleaner supplied and all dog waste from outside the Properties immediately collected and disposed of. The Party will be responsible for any damage caused to the property, contents or outdoor areas by a dog brought by any Guests and for any extra cleaning required. There is a designated field which is shared with the Owner’s other Properties. Dog waste bins are located at the entrance. The Owner cannot guarantee that the field is escape proof so it is advised Guests keep any dogs on a lead unless they are confident the dog will not escape into adjacent fields with livestock. Dogs should also be kept on a lead when neighbouring properties are exercising their dogs in the field at the same time. There is a garden area located at the Properties which is not secure and Guests must ensure dogs and children are not able to escape from this area as there are gaps in hedges and the road is nearby. When walking outwith the property, Guests must ensure that dogs do not have access to any other fields on the farm and they must not be allowed to disturb livestock or wildlife. Guests must ensure no dog fouling takes place at the roadside as residential neighbours of the Properties use the narrow road for walking and need to step aside to let traffic past.

Electricity:

No vehicle charging is allowed through the use of cables etc. Guests have the reasonable use of electricity in the properties but are expected to turn lights out at night or whenever they are not in the Properties. The Owner reserves the right to charge for electricity where wastage has been observed, such as not turning out lights during night or when not in house or use is excessive and not reasonable. The definition of reasonable use is at the Owner’s sole discretion.

Heating:

The Properties’ heating systems all vary based on electricity and gas and log burners. These Terms and Conditions allow for reasonable use of heating, the definition of ‘reasonable’ being at the Owner’s sole discretion. The heating levels and timing of operation have been pre-set for normal use. Guests must contact the owner if additional heating is required.  If controls have been tampered with or unreasonable use of heating has been found , the Party will be personally liable for the additional cost if they are not paid by the Guests in full prior to departure.

Fireworks:

Fireworks are not permitted at the Properties unless agreed in writing with the Owner, which is at the Owner’s sole discretion. Any fireworks allowed by the Owner must be used by Guests and any visitors for personal use only and no displays are permitted. Any displays would breach current licensing legislation and any penalties, fines or other issues arising from such a breach, including costs and fees payable as a result of action the Owner or its nominee requires to take, will be the personal responsibility of the Party.

Candles:

Candles are not permitted in the Properties, unless supplied by the Owner or his representatives for use specifically in the event of a power cut.

Smoking:

All Properties are strictly no smoking and no vaping. This includes pipe, tobacco and any other substances suitable for smoking. If Guests or other visitors smoke outside the Properties they must do so an appropriate distance from the Property to avoid any smoke or smells getting into the Property and to avoid any fire hazard. Cigarette ends must be disposed of responsibly in outdoor ash trays or the wheelie bin at car park entrance. If Guests are found to have breached this rule, an additional minimum cleaning charge of £150 will apply, which the Party will be personally liable for if not paid in full by the Guests prior to departure.

Complaints:

While every effort is made to ensure that Guests have an enjoyable stay, if there are any problems or cause for complaint, it is essential that Guests contact the Owner immediately to give him the chance to resolve any issues. The Owner values Guests’ custom and wants them to return. The Owner is on site, and he and his representatives will do their best to resolve any issues.

Privacy Policy:

The Owner retains a record of the names, address and nationality of Guests for a period of 12 months.

General:

Assignation and other dealings:

The Owner may at any time assign, charge, subcontract, or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions.

Neither the Party nor the Guests shall assign, transfer or deal in any other manner with any of their rights and obligations under these Terms and Conditions.

Severance:

If any provision or part-provision of these Terms and Conditions or the Booking as a whole is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions nor of the matters agreed regarding the booking and forming the Booking and agreement thereon between the parties. If any provision or part-provision of these Terms and Conditions is deleted as a result of this clause, the owner, at his own discretion, will replace the terms with no prior notice to the party or Guests necessary, but will intimate the amended terms and Conditions to the party and/or Guests as soon as reasonably practicable

Governing law:

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Booking or its subject matter, shall be governed by and construed in accordance with the law of Scotland

Jurisdiction:

Each party irrevocably agrees that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Booking or its subject matter.

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If you need any clarification about items listed in our policy please contact us.

Need help?

If you need any clarification about items listed in our policy please contact us.