The subjects let are to be used for the purpose of a holiday and so the Client accepts that the letting is a holiday let to which Section 12 and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply, namely, “a tenancy the purpose of which is to confer on the tenant the right to occupy the house for a holiday.”

CONTRACT. The Contract for a short-term holiday let at a specified property (the Property) shall be made between you (the Client) and the owner of the Property (the Owner). Islands & Highlands Cottages (the Agent) acts as an agent for the Owner to take and arrange bookings. The Agent does not own or manage the Property but reserves the right to refuse any booking on behalf of the Owner. The Client, the person who is making the booking, must be 18 years old or older and will be responsible for all members in their party and their actions.

The Contract will be entered into when the Agent issues the confirmation form and will be subject to all the following booking conditions (it will be assumed that the Client has read and agrees to these bookings conditions) :-

PAYMENT. Unless otherwise stated, a deposit of 25% of the rental plus a non-refundable booking fee is payable for each holiday let booked. This is due at the time of booking. The remaining balance is payable 10 weeks before the commencement of the holiday let. If the balance of the rent is not paid in full by the due date, this shall be deemed as a cancellation of the contract by the Client. For bookings made less than 10 weeks prior to the commencement of the rental the total fee is payable at the time of booking. Payment methods include credit / debit card, cash, bank transfer or a cheque. Please note that if the arrival date is within 2 weeks, we are unable to accept cheques. We do not store credit card details, nor do we share customer details with any third parties.

HOLIDAY LET DETAILS. When a deposit has been paid against a booking, the Agent will email the Client within 72 hours of receiving the money. This email will confirm the holiday rental and include the cottage name, the period of the let, the total rental amount, the deposit that has been paid, any additional fees and the amount that is outstanding along with the date that this is due by. The Agent will also include a copy of our booking terms and conditions. Once the full balance has been paid, the Agent will email the Client within 72 hours of the money being received. This email will confirm the monies paid and the cottage details including contact numbers, directions and full instructions for how to pick up the keys.

The Agent uses PDF attachments which can be opened through Adobe Reader. If this software needs to be installed, it can be downloaded from Adobe, get.adobe.com/uk/reader/. If preferred, this information can be posted or given over the phone. This can be appropriate if the booking is at short notice. The Client must ensure they have access to the cottage details without internet connection before arriving at the property. If the Client would like the information in a different format, they should contact the Agent.
 
USE OF CLIENT PERSONAL DATA. To aid with the smooth running of the holiday let, the Client’s contact details (home telephone number, mobile number and email address) may be given to the Owner of the Property.

PERIOD OF LET. The holiday let commences, unless otherwise notified, at 4.00pm on the day of arrival and terminates at 10.00am on the day of departure. The Client is obliged to vacate the Property without demand at the termination of the holiday let. If this does not happen, a fee of £150 (no V.A.T) will be payable by the Client plus the cost of any consequences against future bookings as a result of the late check out. This could include the cost of alternative accommodation for Clients due to arrive on the same day.

The maximum duration of a holiday let is 31 days.

AMENDMENTS TO BOOKINGS. Any request to amend a booking must be made in writing and no later than 28 days before the arrival date. If the amendment request is successful, there may be an increase in the rental payable by the Client. An administrative charge of £45 (£37.50 plus £7.50 V.A.T.) will apply to all amendments made and is payable by the Client. All Clients should be aware that it may not be possible to amend the booking in question. In these circumstances the original booking will still stand.

CANCELLATION. Any cancellation made by the Client for whatever reason shall be in writing and addressed to the Agent (Islands & Highlands Cottages). If the Client cancels the booking prior to 10 weeks before arrival, the full deposit plus booking fee will be non-refundable. If the Client cancels the booking within 10 weeks of the arrival date, the cancellation costs are 100% of the booking cost. The Agent strongly recommends Clients to take out Cancellation Insurance.
  
CANCELLATION INSURANCE. The Agent strongly recommends Clients take out Cancellation Insurance so that they may be covered if they need to cancel their booking.  Cancellation Insurance may form part of any Travel Insurance product you have purchased or can be acquired separately.  The Client should always read the terms of any insurance product to ensure that they understand what eventualities are covered.

XCOVER. (Formerly known as Booking Protect.) If the Client has purchased XCover in connection with their holiday cottage booking and want to cancel their booking, the Client may be entitled to a refund through XCover. XCover is a third-party company and is in no way connected to the Agent. To make a claim, the Client must contact XCover directly using the details the Client received when the cover was purchased.

V.A.T. Value Added Tax is included in the rental fee, booking fee, administrative fee and bookable extras where applicable.

BOOKING EXTRAS. The Property may offer additional services that the Client can add to their booking. The cost of this will be given at the time of booking and will be paid 10 weeks before the arrival date, along with the remaining balance payment. These can include :-

• Travel cots and tot seats are available for hire from the Agent. The cost to hire a travel cot and tot seat is £30 (£25 plus £5 VAT), regardless of the duration. This must be reserved through the Agent at least 72 hours in advance of the Client’s arrival date and is subject to availability. Clients should bring their own linen for travel cots.
• Pets are only permitted at properties which display the pet symbol and where a pet fee can be added to your booking.
• Additional beds / rooms are only permitted at certain Properties. Details will be specified on the Property page on the website. If the additional bed or room is required to fulfil the number of people in your booking, this extra may become compulsory and will be added to the booking automatically.
• Electric Vehicle Charging is only permitted at certain Properties. For Properties which permit electric vehicles to be charged, there will be a fee payable. Not all Property’s insurance will cover this, so only Properties that have a chargeable fee are allowed to be used for electric vehicle charging. Clients found to be charging vehicles at Properties that do not have a chargeable fee will be charged a minimum of £150 and may be asked to vacate the premises with no claim for reimbursement or compensation whatsoever.

 
PETS. Pets are welcome at specific Properties. Please see our website for further details regarding specific cottages. A pet fee will be added to your booking. This charge is usually per pet per week or part of. The Agent must be notified at the time of booking regarding any pets included in the holiday let.
 
If a pet is brought to a Property which does not accept pets, the Agent, Owner or Housekeeper will have the right to charge the Client a fee of £150 and the Client may be asked to vacate the premises with no claim for reimbursement or compensation whatsoever.
 
If a pet is not included in the booking but the Property does accept pets as standard, the Agent, Owner or Housekeeper will have the right to either charge the pet fee plus an administrative fee, refuse the Client entry or make the Client leave the Property early. If either of the latter two cases occurs, the Client shall be deemed to have cancelled the booking and shall have no claim for reimbursement or compensation whatsoever.

As Skye and Lochalsh are crofting communities, all pets must always be kept under careful control. Pets must NOT be left alone in the Property, must NOT be allowed on furniture and will NOT have access to the bedrooms. There must be no evidence of the pet on departure with all dog hair vacuumed and any excrement disposed of appropriately. If there is evidence of the pet on departure, the Client may be charged for the cost of additional cleaning.

If the Property does not accept pets, this does not mean that there have never been any pets at the Property. Neither the Owner nor the Agent shall be responsible for any suffering which may occur as a result of pets having been present at a Property.

ELECTRIC VEHICLE CHARGING. Charging electric vehicles is welcome at specific Properties. These will be indicated within the text of the Property description on the property page on the website. They will also have a fee that can be added to the booking.
 
If a Property does not say charging of electric vehicles can take place, or there is no fee, any vehicle charging is strictly forbidden. This activity is not included as standard in insurance products and therefore the Owner’s decision not to permit it must be respected. Clients found to be charging vehicles at Properties that do not have a chargeable fee will be charged a minimum of £150 and may be asked to vacate the premises. The Client is also liable for any damage or loss suffered by the Agent or Owner due to unauthorised use of domestic chargers.
 
Dedicated electric charging points are present in Isle of Skye and Lochalsh. Neither the Agent nor the Owner guarantees availability of them, and if they are unavailable, this shall not constitute a breach of the Contract.
 
CCTV. If an Owner is using CCTV at a Property, it will be detailed within the Property description on the Property’s page on the website. Owners use CCTV systems for the safety and security of the Property and the Client. If there is CCTV present at the Property, the Client can request from the Owner the details of system, such as the purpose of it, the data being used, how long the data and video footage is retained.
 
ALTERNATIVE ACCOMMODATION. In the unlikely event that the Property becomes unavailable for your stay due to circumstances within the control of either the Owner, Housekeeper or the Agent, the Agent will offer alternative accommodation of a similar or better standard where possible. If the alternative accommodation is not acceptable to the Client, the Client is entitled to a full refund. If there is no alternative accommodation, a full refund will be given to the Client. 

If the Property becomes unavailable for your stay due to circumstances beyond the Owner, Housekeeper or the Agent’s control, the Agent will offer alternative accommodation. However, if no alternative accommodation is available, the Client is entitled to seek a refund from the Owner.

LEFT BELONGINGS. As soon as the Client is aware they may have left any belongings at the Property and would like them returned, they should make the Owner, Housekeeper or the Agent aware as soon as possible. To return the belongings, there is an administrative fee of £12 (£10 plus £2 V.A.T.) plus the postage and packaging.

COMPLAINTS. Should there be cause for any complaint during the occupation of the Property it must be notified promptly to the Owner / Housekeeper who will try and resolve it as soon as possible. The Owner’s / Housekeeper’s contact details are given on the Property’s information sheet which is sent after the final payment has been received by the Agent. All complaints should be made during the stay or as soon as the fault occurs so that opportunity is given for the Owner / Housekeeper to rectify the problem. If there is no resolution or you are unable to contact the Owner / Housekeeper, the Agent will act as a mediatory between both parties. All issues and complaints must be confirmed in writing. The Client’s right of action (if any) shall be against the Owner and not the Agent. The Agent accepts no liability for any defects or unavailability of the property or any other problems with the holiday. Any refund given in compensation is final. For further information and advice, please contact Citizens Advice, 08454 04 05 06 or www.citizensadvice.org.

The Client must note that Wi-Fi is a complimentary service only offered by certain properties. Unless the Owner has stopped the subscription for the service, if Wi-Fi is not working during the Clients stay, no compensation will be offered. However, the Agent / the Owner / the Housekeeper will endeavour to make the service operational.

If the complaint is due to an “Act of God”, such as bad weather or road closures or any other act or occurrence over which we as the Agent, the Owner or the Housekeeper has no control over, no refund will be given.

The Owner / Housekeeper reserves the right to refuse to hand over the occupancy of the Property to any person(s) that in their opinion, is not appropriate to take charge. In this eventuality the rental amount will be refunded in full, and the liability of the Owner shall cease.

If an Owner is prevented, due to situations beyond their control, (e.g., fire damage, flood, drought or the interruption of utility supplies), from making the Property available to the Client, the Agent will, where possible, offer alternative accommodation. If this is not acceptable to the Client, the rental shall be refunded in full. The Client will have no further claim against the Owner.

Complaints made after the holiday let has ended may not be considered by the Agent, especially whereby the Client has denied the Agent, Owner or Housekeeper the opportunity to rectify or resolve the issue during the holiday let.

EARLY VACATION OF THE PROPERTY. If the Client chooses to depart the Property earlier than the termination date, no refund will be due. This also applies when the Client departs early due to a subjective issue.

CARE OF THE PROPERTY. The Client shall take all reasonable and proper care of the Property, its furniture, pictures, fittings and effects in or on the Property and leave them in the same clean and tidy condition and state of repair at the end of the holiday let as at the beginning. A minimum charge of £150 (no V.A.T.) will be applied for any unreasonable amount of cleaning at the termination of the holiday let. For any damage caused, the cost for replacement or repair must be paid by the Client.

Any behaviour that is deemed to be detrimental to the Property, such as noise or anti-social behaviour towards neighbours, may result in the Client being asked to remove themselves immediately from the Property. Such a request will be issued in writing detailing the reasons for the request. Upon receipt of the notice, the Client will bind themselves to remove themselves and their personal belongings from the Property immediately.

BREAKAGE or DAMAGE. The Client is legally bound to reimburse the Owner for replacement, repair, or extra cleaning costs on demand. This includes the Property’s keys which if lost, will involve the cost of replacing the lock, the cutting of keys and repairing any damage caused through entering the Property. Some properties may require a security deposit.

SMOKING. The Property is non-smoking. If there is evidence of smoking found on departure, the Client will be charged a minimum of £150 (no VAT).

USE OF THE PROPERTY. The Property must only be used for holiday purposes. The property must not be used for business purposes, nor should it be used as the Client’s primary residence. Items should not be posted to the property without prior permission.

The Client must not use the Property for any illegal or commercial purpose. The Client must not hold events such as parties, celebrations or meetings at the Property without first receiving written permission from the Agent.

The Client must not use drones, fireworks or night lanterns within the boundaries of the Property without express written permission from the Agent or Owner. As Skye and Lochalsh is a crofting community, livestock is present in all areas and these items can cause unnecessary worry, injury or death to local livestock.

OCCUPANCY. The number of persons occupying the Property must NOT exceed the maximum stipulated for either the Property or the rental rate paid and at least one of the people staying must be 18 years of age or older. For the purposes of this contract, an ADULT is defined as a person 18 years or older, a CHILD is aged between 2 years and 17 years, and an INFANT is under 2 years old. The stated occupancy of a property must not be exceeded by the number of adults and children combined. Infants are in addition to the stated occupancy. 

The Client shall not camp in the grounds of the Property by either campervan or tent. The Client shall not sub-let the Property or any part thereof.

The Agent / Owner / Housekeeper reserves the right to either charge an additional fee if applicable or refuse entry to the entire party if these conditions are not observed.

MAINTENANCE. The Property is maintained throughout the year and so activities such as grass cutting, gardening, window cleaning, boiler services, portable appliance testing and other health and safety requirements may occur during the holiday let. Any impact to the Client will be kept minimal.
 
RIGHT OF ENTRY. The Agent / Owner / Housekeeper shall be allowed right of entry to the Property with reasonable notice for inspections or to carry out any repairs or maintenance. They shall be allowed immediate access in emergency situations.

OLDER PROPERTIES. Older Properties can be over 100 years old and offer a lot of character and charm. If the Property is an older property, it may be prone to damp and condensation. These problems can be alleviated by ventilating the Property. Older properties may have uneven floors, steep staircases, narrow door frames, low ceilings and other characteristics associated with older architecture.

COUNTRYSIDE LIVING. Many of the Properties are located in agricultural and croft areas. Therefore, there may be sounds and smells associated with countryside living that cannot be avoided.
 
These Properties may also attract local wildlife such as spiders, and therefore cobwebs, millipedes, slugs, wasps, flies, bats, the odd mouse and other wildlife local to the area. Trying to seal off older Properties in the countryside can be impossible as they are part of the wider environment, and the presence of these creatures indicates healthy biodiversity in the area. This does not mean that the Property is dirty or has not been cleaned before your stay. Any evidence of or animals can usually be removed easily with items found at the Property, opening a window or door.
 
If they become a serious pest, please let the Agent and / or Owner know. Some wildlife is protected in legislation so what action the Owner can take may be limited. If this could be an issue to a Client, it may be prudent to discuss the Property with the Agent before booking.
 
PRIVATE WATER SUPPLY. Any Property which has a private water supply will be regularly tested by the Highland Council and maintained in accordance with current legislation.

SHORT TERM LET LICENCE. The Property will have a Short Term Let Licence (STL Licence) or will have an application submitted for a STL licence with Highland Council. The licence or application number will be advertised on the website. All licence conditions must be adhered to by the Owner, the Agent and the Client.
 
If a Short Term Let Licence is rejected or revoked, any bookings affected will be refunded in full to the Client. The Client will have no further claim against the Owner.



LIABILITY. The Agents take every care to ensure that the description of the Property is correct at the time of booking. However, the Agent, its employees and agents shall not be under any liability to the Client or any third parties for any loss or damage arising from the breach of contract, negligence, misrepresentation or otherwise. The Agent shall assume no responsibility for any injury or damage to the Client (and all other members of the Client’s party), the Client’s personal belongings nor their vehicles (together with their contents) which are left at the Property. All legal responsibility remains with the Owner for any problems that may arise during the holiday let.

WARRANTIES. Whilst all information and statements are made in good faith, the Agent does not warrant and is not responsible for the accuracy of any information or statements made by representatives. Every effort has been made to ensure that information used for marketing is correct at the time of inspection of the accommodation. However, property details and prices are updated periodically and so may differ between printed material and the website www.ihcottages.com. The website www.ihcottages.com will always have the most up to date information and prices and facilities should be checked before booking a property. Information given, and statements made by representatives or employees of the Agent are made in good faith but without liability.