Terms & Conditions
A reservation is a legal contract and properties should only be used for holiday purposes unless otherwise agreed in writing.
- Definition of Terms
Howat’s Housekeeping & Property Services owns and operates the HHPS website https://hhpsbute.com/. Parties applying to rent properties are referred to as ‘the Clients’ until the commencement of their let, when they are referred to as ‘the Tenants’. Howats Housekeeping & Property Services, referred to as ‘the Agent’, will act only as agent for the owners of the properties, ‘the Owners’. Contracts to let the property are therefore between the Owners of the property and the Clients/Tenants, and the Agent acts solely on behalf of the Owners. These terms set out the terms of the contract between the Clients/Tenants and the Owners, and the contractual rights and obligations between the Clients/Tenants and the Agent.
- Deposits
When a booking is made more than 6 weeks before the tenancy is due to commence, a deposit of 30% of the total rental fee (including service fee, as detailed at the time of booking) must be paid to confirm the booking. If a booking is made 6 weeks or less before the tenancy is due to commence, the full rent, together with any additional charges, must be paid at the time the booking is made. If the Agent does not accept a booking, then all monies paid will be refunded immediately.
- Balance of Rental
Once a booking has been accepted by the Agent, the Clients must pay the balance of rental, together with any additional charges, six weeks before the tenancy commences. If the balance has not been paid by this time the Agent reserves the right to cancel the booking, in which case a cancellation charge equal to the deposit payment will apply. The Agent is not obliged to send reminders but will make reasonable efforts to communicate the required payment date.
The majority of the Agent’s cottage owners are not VAT registered and therefore no tax is payable, but where VAT is payable this is included in the weekly rent. The Agent reserves the right to amend prices quoted on the web sites or in their brochure due to any errors, omissions, or changes in the rate of VAT.
- UK Bookings
Payments will be accepted by credit card, debit card at the time of booking on https//:hhpsbute.com, or a bank transfer payment can be arranged.
- Overseas Bookings
Overseas Clients may pay by credit card, debit card at the time of booking on https//:hhpsbute.com, or a bank transfer payment can be arranged.
6. Authority to Sign
The person completing the booking form certifies that:
a. He/she is authorised to agree the booking conditions on behalf of all persons included on the booking form, including those who may be added/substituted at a later date.
b. He/she is over 18 years of age and is a member of the party intending to occupy the property.
c. He/she agrees to take responsibility for the party occupying the property.
- The Tenancy Agreement and Covid 19
The tenancy gives the Tenants the right to occupy the property for a holiday within the meaning of Schedule 1 paragraph 9 of the Housing (Scotland) Act 1988.
Properties are let for a maximum of 6 weeks unless agreed in advance. Lettings commence at 4pm (unless otherwise stated) on the first day of the tenancy and end at 10am on the departure date unless otherwise agreed. The tenancy period cannot be extended without the Agent’s permission.
Covid 19
If the Tenant or any member of their party suspects they have contracted Covid 19 while on holiday then they must inform the Agent immediately & adhere to the current Government guidance regarding what actions to take if you display symptoms of Covid-19.
Overstaying
If the Tenant overstays for any reason and does not vacate by 10am on the departure date then the Owner may charge the Tenant a fine, together with any ongoing costs, losses or expenses arising directly or indirectly as the case may be from the failure to vacate including without limitation the loss of any booking of the property due to commence at the end of the Tenant’s letting of the property.
- Linen
Bed linen and towels are supplied as part of the tenancy (unless otherwise stated). Linen is changed between tenancies, and arrangements can be made for additional cleaning/changing of linen during longer tenancies. Tenants should always bring their own beach towels.
- Extras at the Cottages
Unless otherwise stated in the main cottage description electricity, gas and other fuels are charged at current rates.
- Pets
Pets are accepted at properties only with the prior consent of the Agent or Owners and are to be always kept under control and exercised off the premises. Neither the Agent nor the Owners can accept responsibility for their safety. The pet owner must bring a basket or dog bed for their dogs to sleep in. They should not be allowed in the bedrooms or on the furniture, or be left unsupervised in the property due to the risk of damage to furniture etc. Tenants are responsible for cleaning up any fouling which their pets may cause around the property – if this is not appropriately dealt with additional cleaning charges will be applied. A weekly charge will be made for each pet and in some cases an increased refundable damage deposit may be required. Where a description states that pets are not accepted this does not mean that there have never been any pets at the property.
- The Tenants’ Obligations
a. To report to and pay the Owners for any losses or damage to the property caused by the Tenants or a member of their party (reasonable wear and tear excluded).
b. To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. No cleaning service is provided during the tenancy unless specifically stated but this can be arranged.
c. To allow the Owners and Agent reasonable access to the property.
d. To not exceed the total number of people as stipulated in the description of the property, and not to transfer possession of the property or share it except with members of the party stated in the booking.
e. To notify the Agent prior to the commencement of the tenancy of any changes to party numbers
f. To not undertake any illegal activities, cause undue noise or disruption or become a nuisance to occupants of any adjoining/neighbouring premises – no loud music and strictly no bonfires, fireworks or Chinese lanterns without prior consent.
g. To ensure that a cot is only occupied by a child of 24 months or less.
i. Not to smoke in a non-smoking property or bring pets to a property where pets are not accepted. The Owners reserve the right to charge Tenants for additional cleaning that may be required if any of the above Obligations are breached. - Alteration of a Booking
When the Agent has accepted a booking, the property booked can only be changed for another by treating the original booking as a cancellation (see section 13). The dates of the holiday may be changed providing the same cottage is available for the new dates and the Owners are agreeable to the change. A cancellation charge for the original booking will still be due in terms of section 13 but will only be demanded if, in turn, the booking for the new date is also cancelled in which case such cancellation charge will thereupon become payable. Provided that if the timing of the cancellation of the booking for the new date would give rise to a larger cancellation charge, then that larger charge shall instead be applied.
- Cancellations
All cancellations must be notified to the Agent initially by telephone and confirmed in writing as soon as possible.
Any deposit paid at the time of booking will be held by the Agent, unless otherwise agreed due to exceptional circumstances.
- Complaints
All complaints must first be referred the Agent immediately so that an on-the-spot investigation can be made if necessary and remedial action taken if require. Under no circumstances can compensation be made for complaints raised only after the tenancy has ended when the Tenant has denied the Owners or Agents the opportunity of investigating the complaint and endeavouring to put matters right during the tenancy.
- Non-availability of Property
If for any reason beyond the Owner’s control the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting, clients will receive a full refund of all charges already paid. The Agent will make every effort to find a suitable alternative property, but the Clients shall have no further claim against the Owners or Agent. Please also refer to section 19.
- Liability
The Agent accepts no liability for any act, neglect, or default on the part of the Owners or any other person not employed by them or under their control, nor for any accident, damage, loss, injury, expense or inconvenience to either person or property which the Tenants, or any other person, may suffer or incur arising from, or in any way connected with, the Tenancy. The Owners accept no liability for loss or damage to the Tenants’ possessions on the Owners’ land or property. Please also refer to section 19.
- Breach of Contract
If Tenants breach any of the above terms and conditions the Owners or Agent reserve the right to re-enter the property and terminate the tenancy, without prejudice to the other rights and remedies of the owners.
- Validity Clause
If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provisions or part shall, to that extent, be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
- Force Majeure
The owner and the agent do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of force majeure.
Force Majeure means any event which we or the owner providing the service could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.
- Brochure/Web Descriptions
While every effort is made to make brochure and web site descriptions as accurate as possible, some of the information contained relates to factors which are beyond the control of the Agent, such as shops, public houses etc. Details of such establishments may change without the Agent’s knowledge and cannot be absolutely relied upon.
- Price Change
Howat’s Housekeeping & Property Services reserves the right to amend prices quoted on the website due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.
- Refundable Householder Deposits/Damage Deposits
To facilitate booking and when requested by an owner, Howat’s Housekeeping & Property Services, as Agents, will collect refundable household deposits and then, providing no damage or breach of letting conditions is reported, will refund these 5 days after the end of your stay (should be in your account within 7 days). Howat’s Housekeeping & Property Services ‘in absentia’ cannot accept responsibility should any dispute over damages or additional costs. This must be resolved between the owner and tenant themselves.
- Discrepancies
This website and these Booking Conditions replace and supersede all previous web sites and booking conditions, and in the case of any discrepancy between these booking conditions and the contents of any Howat’s Housekeeping & Property Services brochures/website, these conditions shall prevail.
24. Governing Law and Jurisdiction
The contract is deemed to have been made at Howat’s Housekeeping & Property Services, 8 Bridgend Street, Rothesay, Isle of Bute PA20 0HU. The validity, construction and performance of this Agreement shall be governed by Scots’ Law. The Clients and the Tenants submit to the exclusive jurisdiction of the Scottish courts.
