Terms and Conditions of Your Holiday
1. Payments and Confirmation of your Holiday
Bookings can be made by telephone or email. A deposit of 25% per week is required to secure a booking and is non-refundable under any circumstances save for Paragraph 4. A booking will be held provisionally for four days to allow for payment to be received. A booking will not be treated as confirmed until the deposit has been received, and payment cleared, upon which written confirmation will be issued.
The balance of the rental price, plus a £50 housekeeping deposit, is due six weeks before the start of your holiday. For bookings made less than six weeks before arrival, full payment is required upon booking.
Prices are in Sterling and payment can be made by cheque or direct to our bank account. Any transfer charges are payable by the person making the booking. Any charges incurred by us in relation to payment of the rental price will be deducted from the housekeeping deposit.
We reserve the right to cancel a booking where full payment has not been received in accordance with these terms.
The weekly rental price is inclusive of all bed linen (except for cot bedding), towels, heating, electricity and VAT.
2. Alteration of a Holiday by the Client
Amendments or alterations to a booking must be made in writing from the person who made the original booking. The client will be advised of any changes in costs that might occur as a result.
3. Alteration of a Holiday by us
Should any significant alteration to your holiday become necessary, the client shall be informed promptly. The client shall be offered the choice of accepting the alteration, or a full refund of monies paid, provided that the client has not yet arrived.
4. Cancellation of a Holiday by us
If through circumstances beyond our control, we are forced to cancel your booking, the client may elect for a full refund or accept a change in date.
Circumstances beyond our control do not include events amounting to “force majeure”. Force majeure means unusual and unforeseen events such as war, threat of war, riot, terrorism, natural disasters, fire, technical problems or accidents with airports, ports or transport, inclement weather or governmental action. We shall have no responsibility or legal liability to compensate the client for loss of opportunity to take up the holiday.
It is the responsibility of The Client to ensure that they have appropriate insurance cover in the unlikely event of cancellation or curtailment of a holiday due to unforeseen circumstances. We shall have no obligation, financial or otherwise, to compensate The Client, or to arrange alternative accommodation in such circumstances.
6. Cancellation of a Holiday by The Client
A cancellation by a client will only be confirmed once it has been received in writing. Clients are advised to send cancellations by recorded delivery to the address as shown on the contact page.
If cancellation is made and received more than 6 weeks before arrival, only the deposit will be forfeited. If cancellation is made after full payment has been made and more than 4 weeks before arrival, a refund of 50% will be made; if it is more than 3 weeks before arrival, a refund of 15% will be made. No refunds can be made for any cancellations made and received less than 3 weeks (21 days) prior to arrival. We recommend that you ensure that your insurance policy covers you against irrecoverable cancellation costs.
If the balance of a holiday is not paid by the due date, we reserve the right to treat this as a cancellation and retain the booking deposit.
7. House-Keeping Deposit
The housekeeping deposit will be returned once the cottage has been inspected and found to be in good order and no items missing. Guests will be liable for any damage or breakages to the property together with any additional cleaning costs.
Smoking is strictly prohibited within the property but is allowed in the garden.
We welcome families with young children. However since the property is located on a working farm and next a road we ask that children are supervised at all times by an adult. We accept no liability for accident or injury resulting from poor supervision. This includes any accident that may occur in the surrounding area of the property, including and not limited to the road, the farm steading and the enclosed garden.
The Client shall not allow children to damage or de-face any aspect of the property or the garden. Due to the old and brittle nature of the trees in the garden we ask that The Client does not allow any children in the group to climb any of the trees or walls.
10. Personal Injury
We cannot be held responsible for any mishap to yourself or to your property and in particular for the consequences of the effects of strikes, wars, acts of terrorism, riots, robbery, sickness, quarantine, government intervention or other such happenings. We strongly advise that you take out appropriate insurance at the time of booking.
The cottage is situated in a residential area on a working farm. Please be aware that there may be increased farm traffic and noise during Harvest between July and October. The cottage is located next to a country road. The client must accept that there may be some noise from the road.
12. Liability of The Client
All clients undertake to behave with propriety and in such a manner as to cause no damage, distress, danger or annoyance to the property, garden or other residents at Pitcox. The contract of any client in breach of this clause shall be terminated immediately and we shall have no further contractual obligations. We reserve the right to recover from the client the cost of any repairs or replacements following any unreasonable damage caused by the client. In circumstances reasonably deemed by us to be extreme, including significant damage, significant antisocial behaviour or illegal activities; we reserve the right to cancel the holiday forthwith and eject the client from the cottage without compensation.
13. Our Liability
We accept no responsibility for the actions of any of our clients and shall not be held liable for any claims made against them (or as a result of their actions) by third parties. Where you do not suffer personal injury or death, our liability is limited to the invoiced holiday costs and in no circumstances extends to additional costs incurred in the taking of the holiday.
It is a condition of booking that all clients have appropriate insurance at the time of booking. This insurance must cover all activities chosen during The Client’s stay and cover public liability, property damage to the cottage and its contents and cancellation of the holiday.
These terms and conditions and the contract to which they apply shall be governed by Scots Law and shall be subject to the non-exclusive jurisdiction of the Scottish courts.
If difficulty arises during your holiday you should advise us immediately and we will endeavour to resolve the difficulty. Should this not be possible, complaints should be addressed to Stella Findlay, Pitcox Farmhouse, Dunbar, East Lothian, EH42 1RQ, not later than 28 days from the end of your holiday. No liability can be accepted for any complaint not advised timeously in writing.
16. Use of WiFi
16.1 Our Obligations
We will make all reasonable endeavours to ensure that this free service is available 24 hours a day; however we will not be liable if for any reason the service is not available at any time or for any period. Broadband coverage in the country can be, and often is, unreliable. Access to the service may be suspended at any time.
16.2 Your Obligations
You will keep confidential any access codes or passwords provided to you in order to access the service, and will not disclose them to any other person for any reason. You will be responsible for any loss that arises from you losing, misusing or otherwise disclosing any such access codes or passwords.
16.3 Fair Usage
The service is intended to allow you to access the internet in order to use, amongst other things, the worldwide web, e-mail, Skype, messaging services and chatrooms. You undertake to us that your behaviour while using the service will be lawful, honest and proper. Without prejudice to any other provision of this agreement, we may terminate your use of the service at any time without notice if we become aware of any behaviour that has a negative impact on our equipment or network or the use by other customers of our equipment or network or the internet in general, or which damages, or has the potential to damage, our reputation or standing.
16.4 Additional Exclusions
Without prejudice to the generality of Paragraph 14.3 above, you may not:
- use the service for any illegal purpose
- use the service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent
- resell, or attempt to resell, the service to any third party
- use the phone line to make telephone calls
- access or attempt to access the internet via connecting directly to the phone line – connection should only be made via the router provided.
BY USING THE WIFI FACILITY IN YOUR ACCOMMODATION YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS OF USE
No pets, with the exception of guide dogs, are permitted in the property.