ASPEN LODGE BOOKING TERMS AND CONDITIONS (TERMS)
- DEFINITIONS
1.1 When the following words are used in these Terms, this is what they
will mean:
1.1.1 Accommodation: the period of time for which we provide
accommodation at the Property to you as set out in the Booking and
agreed by us;
1.1.2 Booking: your request for the Accommodation as made via our website,
by email or over the phone;
1.1.3 Event Outside Our Control: is defined in clause 6.2;
1.1.4 Property: Aspen Lodge, Ardnamurchan;
1.1.5 Terms: the terms and conditions set out in this document and any other
terms provided to you by us; and
1.1.6 We/Our/Us: Samantha & Gavin Davis, owners of Aspen Lodge. Our
address for correspondence is Yew Lodge, George Hill, Robertsbridge,
East Sussex TN32 5AX and we can be contact6ed by email at
hello@aspenlodgescotland.co.uk
1.2 When we use the words “writing” or “written” in these Terms, this will
include all written correspondence including email unless we say
otherwise.
- OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply the
Accommodation to you.
2.2 Please ensure that you read these Terms carefully, and check that the
details on the Booking and in these Terms are complete and accurate,
before you submit the Booking. If you think that there is a mistake or
require any changes, please contact us to discuss. We will confirm any
changes in writing.
2.3 When you submit the Booking, this does not mean that we have
accepted your request for Accommodation. If we are unable to supply
you with the Accommodation, we will inform you of this in writing and
we will not process the Booking. If any monies have already been paid
by you these will be refunded.
2.4 To secure a Booking, you must pay a non-refundable deposit of 25% of
the rental charge (the Deposit). By paying the Deposit to secure the
booking you confirm that you and all other guests staying with you have
read, understood and agree to be bound by these Terms.
2.5 We will only confirm the Booking once we have received the Deposit
and guest details. If we issue a written acceptance of a Booking these
Terms will become binding on you and us, at which point a contract will
come into existence between you and us.
2.6 We regret that we cannot accept (or will only accept at our discretion)
Bookings from:
2.6.1 groups where all guests are under 25;
2.6.2 stag and hen parties; and
2.6.3 single sex groups.
2.7 If you make a Booking over the phone then these Terms will apply to
such Booking.
2.8 The maximum number of people who can stay in Aspen Lodge is six
plus a babe in arms. You agree that you will not exceed that number.
2.9 You agree that you will arrive at and leave Aspen Lodge at the dates
and times in the Booking (unless you notify us otherwise and we agree
the same in advance). Your Accommodation will not be available at
any time outside of the times confirmed in the Booking. We reserve the
right to make a reasonable additional charge (whether by retaining the
cautionary deposit or otherwise) in the event that you have not left
Aspen Lodge by the agreed departure time.
2.10 Whilst we keep our illustrations, photographs and other imagery as up
to date as possible, any illustrations, photographs and other imagery
displayed are for illustrative purposes only and subject to change.
2.11 The activities that may be shown in our literature are outside our
control and are not supplied by us. If you wish to carry out any activity
at or near Aspen Lodge, we strongly recommend that you book the
activity with the relevant provider.
2.12 You confirm that you are 18 or over.
- CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms from time to time in the following
circumstances:
3.1.1 changes in how we accept payment from you;
3.1.2 changes in relevant laws and regulatory requirements; or
3.1.3 if we have a commercial reason to do so.
3.2 If we have to revise these Terms in any material way, we will give you
at least 14 days written notice of any changes to these Terms before
they take effect. You can choose to cancel the contract in accordance
with clause 7.
3.3 You may request a change to the Booking for Accommodation by
contacting us. Any changes to the Booking:
3.3.1 are permitted at our sole discretion;
3.3.2 may incur an administrative charge of £30;
3.3.3 that result in a change in the total price of the Accommodation
shall be notified to you. If you do not wish to accept the
amended price then the Booking shall remain as originally
placed.
3.4 If you wish to cancel a Booking before the start date for
Accommodation, please see your right to do so in clause 7.
- ACCOMMODATION & RESTRICTIONS
4.1 We will supply the Accommodation to you for the period set out in the
Booking.
4.2 We will make every effort to make the Accommodation available to you
on time. However, there may be delays due to an Event Outside Our
Control. See clause 6 for our responsibilities when an Event Outside
Our Control happens.
4.3 If you do not pay us for the Accommodation when you are supposed to,
access to Accommodation will not be permitted. This does not affect
our right to charge you interest at the rate of 8% per annum for the
period until the payment is made.
4.4 Smoking is strictly prohibited at Aspen Lodge. If there is found to be
any damage caused to the Accommodation or its contents by smoke or
burns you will be responsible for covering any costs associated with
rectifying this. Smoking is only permitted outside of the property, away
from open doors and windows, on condition that all cigarette or cigar
butts and ashes are cleared up and disposed of by Guests before
departure. If there is a smell of smoke inside the property Guests will
be charged for any additional cleaning time required to rectify this.
4.5 Broadband internet access is offered at the Property, however the
property is in a remote setting and we cannot guarantee that the
service will be available constantly during your stay. Neither a
minimum speed, unrestricted bandwidth nor uninterrupted provision of
an internet access service can be guaranteed, and we will not be liable
for any form of compensation or expenses claimed by any guest in
respect of the provision of internet services or telephone services not
being available or failing.
4.6 You agree to take proper care of the Property and its contents during
your stay and may receive an invoice for any damage caused or loss
suffered if the Property and its contents are not left in the same state in
which it is found at the beginning of the Accommodation.
4.7 All windows and doors of the Property must be checked and securely
locked on departure and whenever the property is vacant during the
your letting period. Keys must be returned to the key safe and locked
properly on departure. In the event that keys are not returned, then a
charge will be deducted from the security deposit to cover locksmith
costs for changing locks and replacing keys.
4.8 Guests will be responsible for any charge for linen or towels soiled or
damaged as a result of products used or applied by you (and your
guests), in particular make-up and fake tan or if any item is found to be
missing from the Property. Deductions for such damage or loss will be
made from the security deposit.
4.9 Guests agree:
4.9.1 not to cause nuisance, excessive noise or annoyance to
occupiers of neighbouring properties; and
4.9.2 to allow reasonable access to the property by anyone authorised
by us, in particular any service providers.
4.10 If in our opinion or the opinion of our housekeepers, guests are not
deemed suitable to continue occupation of the property because of
their behaviour or damage to the property or nuisance to other parties,
then your Booking may be terminated without notice and we (or parties
authorised by us) will be entitled to repossess the property immediately
without any compensation to you.
4.11 Whilst the Property is dog friendly, the external area is not enclosed.
Guests are responsible for the safety and security of their dogs at all
times. You agree that you will do the following in respect of occupation
of the property by your dog:
4.11.1 No more than one dog may occupy the property at any one time without prior agreement in
writing;
4.11.2 Puppies under the age of 12 months are not permitted unless
authorised in advance;
4.11.3 All dogs should be kept under strict control at all times whilst on
the property;
4.11.4 Dogs shall not be permitted in the bedrooms, bathrooms or on
the furniture;
4.11.5 Dogs shall not be left in the property unattended or in your
vehicle outside of the property at any time;
4.11.6 Should dogs be left unattended and cause any disturbance to
any neighbours or neighbouring properties, then this may be
deemed as unreasonable behaviour and could warrant eviction
from the Property;
4.11.7 Any fouling of internal areas shall be professionally cleaned and
the cost borne by the guest;
4.11.8 Any fouling of lawns, paths or outside surfaces shall be cleared
up without delay, by you the Guest. Failure to do this will result
in additional charges being made;
4.11.9 Dogs should only be left at night in the area indicated in the
Property’s guest information folder;
4.11.10The following breeds of dog are not permitted even where
muzzled as required by law: – American Pit Bull Terrier,
Japanese Tosa, Fila Brasileiro, Doga Argentino, or any other
dog breed at our discretion.
- PRICE AND PAYMENT
5.1 The price of the Accommodation will be set out at the time you place
your Booking and at the time we confirm your Booking.
5.2 Payment may be made by debit card, credit card, or bank transfer.
Bank transfers must be in cleared funds by the deadlines for payment
as set out in this agreement.
5.3 Any bank or transfer charges shall be borne by you.
5.4 Payment may only be made in the currency as shown in the Booking.
5.6 You must pay a minimum deposit of 25% of the total cost of the
Accommodation at the time you place your Booking and the balance of
the price at least 8 weeks before the start date for the Accommodation,
unless the start date for the Accommodation is less than 8 weeks from
the date of the Booking, in which case the full balance of the price must
be paid at the time you place your Booking.
5.7 If you fail to pay the balance of the cost of your Accommodation upon
request and before the commencement of the Accommodation we will
attempt to charge your card details (where provided) for the sum of the
balance amount, which you authorize us to do.
5.8 If you do not make any payment due to us by the due date for payment,
we may cancel your Accommodation and terminate this contract. In
these circumstances, your rights to a refund are set out in clauses 7
and 8.
- EVENTS OUTSIDE OUR CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under these Terms that is
caused by an Event Outside Our Control.
6.2 An Event Outside Our Control means any act or event beyond Our
reasonable control, including without limitation, strikes, lock-outs or
other industrial action by third parties, civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or
not) or threat or preparation for war, fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster, or failure of
public or private telecommunications networks, power networks or
water supplies, local building works or roadworks, transport
interruptions, delays or cancellations by third parties.
6.3 If an Event Outside Our Control takes place that affects the
performance of Our obligations under these Terms:
6.3.1 We will contact you as soon as reasonably possible to notify
you; and
6.3.2 Our obligations under these Terms will be suspended and the
time for performance of our obligations will be extended for the
duration of the Event Outside Our Control. Where the Event
Outside Our Control affects our performance of Accommodation
to you, we will restart the Accommodation as soon as
reasonably possible after the Event Outside Our Control is over.
6.4 You may cancel the contract if an Event Outside Our Control takes
place and you no longer wish us to provide the Accommodation.
Please see your cancellation rights under clause 7. We will only cancel
the contract if the Event Outside Our Control continues for longer than
1 week in accordance with our cancellation rights in clause 8.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
7.1 You may cancel a Booking for Accommodation up to 8 weeks before
the start date for the Accommodation by contacting us in writing with a
copy of your invoice/booking confirmation. We will confirm your
cancellation in writing to you.
7.2 If you cancel a Booking under clause 7.1, the deposit made at the time
of placing the Booking will not be refunded to you.
7.3 However, if you cancel a Booking for Accommodation under clause 7.1
and we have already started work on your Booking by that time, you
will pay us any costs we have reasonably incurred in starting to fulfil
the Booking, and this charge will be deducted from any refund that is
due to you or, if no refund is due to you, invoiced to you. We will
tell you what these costs are when you contact us.
7.4 Where you have cancelled a Booking because of our failure to comply
with these Terms or if we change these Terms under clause 3.1 and
you elect to cancel the contract (except where we have been affected
by an Event Outside Our Control), you do not have to make any
payment to Us.
7.5 If you cancel a Booking for Accommodation less than 8 weeks prior to
the start date for the Accommodation and we are unable to provide the
Accommodation to another party we reserve the right to invoice you for
an amount up to 100% of the cost for Accommodation as outlined in
the Booking.
7.6 Once we have begun to provide the Accommodation to you, you may
only cancel the contract for Accommodation by giving us written notice
if:
7.6.1 We break this contract in any material way;
7.6.2 We go into liquidation or a receiver or an administrator is
appointed over our assets;
7.6.3 We change these Terms under clause 3.1 and you elect to
cancel the contract;
7.6.4 We are affected by an Event Outside Our Control.
- 8. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
8.1 We may have to cancel a Booking before the start date for the
Accommodation, due to an Event Outside Our Control or the
unavailability of key personnel or key materials without which we
cannot provide the Accommodation. We will promptly contact you if this
happens.
8.2 If we have to cancel a Booking under clause 8.1 and you have made
any payment in advance for Accommodation that have not been
provided to you, we will refund these amounts to you.
8.3 If, for any reason, we are unable to offer the Property to you for the
duration of the Accommodation then we shall use reasonable
endeavours to find suitable alternative accommodation for you.
8.4 If, under clause 8.3, we are unable to find suitable alternative
accommodation then we may cancel the Booking and shall refund any
fees paid to us in accordance with the Booking.
8.5 We may cancel the contract for Accommodation at any time with
immediate effect by giving you written notice if:
8.5.1 you do not pay us when you are supposed to. This does not
affect our right to charge you interest at the rate of 8% per year;
or
8.5.2 you break the contract in any other material way.
- INFORMATION ABOUT US AND HOW TO CONTACT US
9.1 If you have any questions or if you have any complaints or need to give us
notice in writing, please contact us by email at
hello@aspenlodgescotland.co.uk. If we have to contact you or give you
notice in writing, we will do so by e-mail to the address you provide to us in
the Booking.
- PRIVACY AND HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 We will use the personal information you provide to us to:
10.1.1 provide the Accommodation;
10.1.2 provide any additional services through third parties to you as
requested within the Booking;
10.1.3 process your payment for Accommodation; and
10.1.4 to inform you with news or offers, if you sign up to our emailing
list. You may stop receiving this at any time by contacting us.
10.2 We will not give your personal data to any third party other than the
Aspen Lodge housekeeping team unless you have requested additional
services to be provided during your Accommodation, in which case the
parties providing those services will be provided with your personal
data, where necessary.
- OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these Terms to
another individual, but this will not affect your rights.
11.2 Except as otherwise outlined in this agreement, no other person shall
have any rights to enforce any of its terms.
11.3 No-one other than such individuals as are listed in the Booking may
enjoy the Accommodation.
11.4 Each of the paragraphs of these Terms operates separately. If any
court or relevant authority decides that any of them are unlawful, the
remaining paragraphs will remain in full force and effect.
11.5 If we fail to insist that you perform any of your obligations under these
Terms, or if we do not enforce our rights against you, or if we delay in
doing so, that will not mean that we have waived our rights against you
and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in
writing, and that will not mean that we will automatically waive any later
default by you.
11.7 These Terms are governed by English law. The parties agree to submit
to the non-exclusive jurisdiction of the English courts. However, if you
are a resident of Scotland, you may also bring proceedings in Scotland.
Thank you for taking the time to read through the Terms and Conditions.