Terms & Conditions
This agreement applies as between you, the User of this Website and Cottages on Arran, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Cottages on Arran”
means Cottages on Arran Kylerhea, Shiskine, Isle of Arran KA27 8EP;
“Service” means collectively any online facilities, tools, services or information that Cottages on Arran makes available through the Website either now or in the future;
“Premises” Means our place(s) of business located at Kylerhea, Shiskine, Isle of Arran KA27 8EP;
“System” means any online communications infrastructure that Cottages on Arran makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Cottages on Arran and acting in the course of their employment; and
“Website” means the website that you are currently using (www.cottagesonarran.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
- 2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Cottages on Arran, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- 2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Cottages on Arran.
3. Third Party Intellectual Property
- 3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Cottages on Arran or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.cottagesonarran.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Cottages on Arran. To find out more please contact us by email at firstname.lastname@example.org
7. Use of Communications Facilities
- 7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- 7.1.1 You must not use obscene or vulgar language;
- 7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 7.1.3 You must not submit Content that is intended to promote or incite violence;
- 7.1.4 It is advised that submissions are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;
- 7.1.6 You must not impersonate other people, particularly employees and representatives of Cottages on Arran or our affiliates; and
- 7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- 7.2 You acknowledge that Cottages on Arran reserves the right to monitor any and all communications made to us or using our System.
- 7.3 You acknowledge that Cottages on Arran may retain copies of any and all communications made to us or using our System.
- 7.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- 7.5 In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to
submit certain personal details. By continuing to use this Website you represent and warrant that:
- 7.5.1 Any information you submit is accurate and truthful; and
- 7.5.2 You will keep this information accurate and up-to-date.
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- 8.3 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
- 9.1 Cottages on Arran makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- 9.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 9.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only
- 9.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Cottages on Arran correspond to the actual products and / or services, Cottages on Arran is not responsible for any variations from these descriptions.
- 9.5 Cottages on Arran does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
- 9.6 All pricing information on the Website is correct at the time of going online. Cottages on Arran reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 6 months.
- 9.7 Whilst Cottages on Arran uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10. Availability of the Website and Modifications
- 10.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 10.2 Cottages on Arran accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 10.3 Cottages on Arran reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
11. Limitation of Liability
- 11.1 To the maximum extent permitted by law, Cottages on Arran accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- 11.2 Nothing in these terms and conditions excludes or restricts Cottages on Arran’s liability for death or personal injury resulting from any negligence or fraud on the part of Cottages on Arran.
- 11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Cottages on Arran.
- 15.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 15.2 Cottages on Arran may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us or email us directly to let us know.
16. Law and Jurisdiction
These terms and conditions and the relationship between you and Cottages on Arran shall be governed by and construed in accordance with the Law of England and Wales and Cottages on Arran and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Cottages on Arran – Proprietors R N & P A Brass, Kylerhea, Shiskine, Isle of Arran KA27 8EP email:firstname.lastname@example.org
Please read all clauses. Whether or not signed by You, These Terms & Conditions shall be deemed to be an undertaking and acknowledgement by You that You accept on behalf of Yourself and all other persons included in the party, all the Terms & Conditions set out herein. In the following, “We” means “The Owner”, “You” means the party leader. Please note carefully: The contract between You and The Owner is made under Schedule 4 Section 8 of the Housing (Scotland) Act 1988 and gives You the right to occupy the property for the period agreed for holiday purposes only. Once a property is booked, the contract is between You and The Owner and is subject to the following terms and conditions. .
Occupying the property
Under no circumstances may the number of people occupying the property exceed the number stated in the brochure. At the discretion of owner they can access the property or request confirmation of guest numbers if they become concerned or receive information that this occupation numbers have been exceeded. The property must be used solely for holiday purposes and You must not sub-let the property, or any part of the property, or any equipment from the property. You must keep the property and its contents in a clean and tidy condition at all times. You will be liable to The Owner for any loss, costs, expenses or claims arising from any damage caused to the property and/or its contents by deliberate or negligent acts or omissions by You or of any person in Your party (fair Wear and tear excepted). If, as a result of such damage, the property or any of its contents need to be repaired or any of the contents need to be replaced then You will be responsible for paying the reasonable costs of doing so. If requested, You must allow representatives, tradesmen or The Owner reasonable access to the property during Your stay. Wherever possible, you will be contacted in advance.
This property operates a No Smoking Policy and must be observed by You and all members of Your party. Owners reserve the right to curtail Your holiday if this condition is not observed. No refunds will be given and The Owner reserves the right to levy an extra charge where additional cleaning is incurred as a result of any violation of this condition.
Payment – Deposits and Balances etc.
Either a deposit or the full rent is required at the time of booking. Our standard deposit is 40% of the rental quoted. The deposit is non returnable unless the property is re-let. (see below for **Cancellation Charges) If you book eight Weeks or less before the start of Your holiday, the full rent is due.
If You have to cancel Your holiday, Please inform us immediately in writing. E-mails are acceptable but please ensure in all circumstances that you receive a response. We will try to re-let the property. Please be aware that the whole 40% Deposit which you pay to secure your holiday will not be refunded if we do not manage to re-let the property. If the property is re-let, all deposit monies received will be returned subject to an administration charge of 30% of the deposit paid. Cancellations within 8 weeks of the commencement of Your holiday cannot be accepted as You are then liable for the full cost of the holiday. To safeguard against cancellation charges and other unforeseen eventualities, we strongly recommend You to take out cancellation insurance.
Scottish Law applies to all contractual obligations arising out of these Booking Conditions.
Online PayPal booking, online bank transfers and credit cards secure the property and confirmation details will be sent to you by email wherever possible. Bookings less than 8 weeks in advance require full payment at the time of booking.
Directions & Keys
You will be sent directions to your holiday property and your key holder’s contact details on receipt of the balance of your holiday monies.. £15 per key will be charged for lost keys.
Arrival & Departure
Your keys will be ready from 3.00 p.m. on the day of arrival and the property must be vacated by 10.00 a.m. on the day of departure. To fit in with ferry times.
All properties should be left the way they are found and in most cases Arran visitors are very careful. There is a Security Bond of £150 with the exception of single sex parties who must leave an ‘open amount’ to be held against any damages, cleaning costs in excess of the normal changeover charges, or pet damage (including leaving dog mess in the garden) which may be incurred as a result of your occupation of their property. In keeping with new regulations enforced by North Ayrshire council and to help the environment we have a recycling policy on our island and it is the responsibility of the guests to put out the wheelie bins on the appropriate day for the council to collect, details of which wheelie bin and the day it is to be PUT OUT ON THE KERBSIDE will be pinned up in the kitchen of the property you are occupying, Non compliance will result in your security bond being implemented. Please do not leave refuse of any kind for your housekeeper to dispose of on your day of departure including glass bottles. These must be taken by you to the glass re-cycle bin located in each village.
Payment and Refund of Security Bonds
We will contact you for your credit cards details for the Security Bond prior to your arrival on receipt of which we will release the property access code to you. On receipt of a satisfactory report from our housekeeper following your departure, the Bond will be cancelled. Alternatively we can arrange to hold £150 cash which will be returned to you within 10 days of your departure to allow for satisfactory reports to be processed. Please note that cheques cannot be accepted.
PLEASE ALSO READ THE DO’S AND DON’T’S LEAFLET IN THE PROPERTY