Terms & Conditions
Definitions
Within these Terms and Conditions:
"you" and "your" means the person whose name appears in the booking confirmation as the party leader, but these Terms and Conditions apply to all other persons in the party (including anyone who is added or substituted at a later date);
"we", "us" and "our" means Eastside Cottages, of Eastside Cottages, Penicuik, Midlothian, EH26 9LN
"Eastside Farm" means the farm within which Eastside Cottages is situated. It is a working sheep farm.
"booking" means the process set out below in relation to the booking of our accommodation leading to the formation of a booking contract;
"booking contract" means the legally binding agreement between you and us under and in accordance with these terms and conditions and any other terms or conditions that we may have communicated to you in advance of your booking, which comes into effect once a booking is confirmed in accordance with paragraph 2.1;
"holiday" means your stay with us in the accommodation you have booked
"property" or "accommodation" means the property or properties in respect of which a booking is made
"force majeure" means any event or circumstance out of our reasonable control. Such events may include (but are not limited to) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our reasonable control, whether actual or threatened.
1. Contract
1.1
This agreement is made on the basis that the property is to be occupied by you for a holiday and you acknowledge that no statutory period tenancy will arise when it ends.
1.2
Bookings cannot be accepted from persons under 18 years of age.
1.3
Any pets you intend to take with you should be declared at the time of requesting a booking and checked and authorised by us, in accordance with and subject to paragraph 12.
1.4
No bookings are confirmed until receipt of the deposit, see paragraph 2.
1.5
Once a booking is confirmed, it is not subject to change. If you choose to cancel, see paragraph 8 for details of the terms that would apply. Whilst we will be under no obligation to do so, we may in certain circumstances at your request make minor adjustments to bookings. In these circumstances we will charge a £40 administrative fee.
2. Deposit
2.1
A payment of 1/2 of the cost of the holiday (“deposit”) is required to confirm the booking. On our receipt of the deposit your booking is confirmed and by paying the deposit to us you confirm that you agree to be bound to the terms of the booking contract.
3. Balance Payment
3.1
Once your booking is confirmed, you are responsible for the full cost of the holiday (less any deposit already received by us) (hereafter referred to as the "balance").
3.2
The balance shall be paid not later than four weeks prior to your arrival.
3.3
For bookings made less than one month prior to your arrival, the full cost of the holiday must be paid at the time of booking.
3.4
We reserve the right to re-let any accommodation you have booked where any monies due are more than 7 days in arrears. If we are unable to re-let the accommodation you have booked, you will remain liable for the outstanding balance, subject to paragraph 8.
4. Insurance
4.1
We recommend that relevant insurance is taken out when making a booking, even when payment is made in full. We highly recommend taking out insurance that specially covers for Covid-19 related cancellations and issues.
5. Our responsibilities
5.1
We are responsible for providing the accommodation.
5.2
We accept no responsibility for personal injury, death, loss or damage to personal property (or for any other matters for which we have no control) which may arise, except to the extent caused by our negligence.
6. Your responsibilities
6.1
You shall keep the property and all furniture, fixtures, fittings and effects in, on or at the property in the same state of repair as at the commencement of the holiday.
6.2
You shall leave the property in the same state of cleanliness and general order in which it was found.
6.3
You must report and pay to us the cost of any damage or breakages made during your holiday.
6.4
You must pay to us the cost of any additional cleaning deemed necessary due to your failure to maintain the property in the same state of cleanliness and general order in which it was found.
6.5
Access to land surrounding the cottages shall be done so in accordance with the Scottish Outdoor Access Code. You may read it in full here: www.outdooraccess-scotland.scot.
6.6
You must not to do anything that will or might vitiate in whole or in part any insurance in respect of the property, or increase the insurance premium.
6.7
We reserve the right to make a reasonable charge where you have contravened our request that the property be smoke-free, as per paragraph 13.
6.8
You accept that the access roads to the properties are untarred roads and that you shall drive according to the conditions of both the road and the weather.
6.9
Your right to occupy the property may be forfeited without compensation if:
6.8.1
More people or pets than declared at the time of requesting a booking attempt to take up occupation of the accommodation, in line with paragraphs 11 and 12;
6.8.2
You permit any overnight guests to be entertained without our express permission;
6.8.3
You carry out any activity which is illegal (whether actionable or not) or may cause unreasonable damage, noise, behaviour, inconvenience, or disturbance;
6.8.4
You or any member of your party smoke inside the property.
7. Unavailability of property
7.1
In the event of the property becoming unavailable (such as, but not limited to, fire or flooding), we will endeavour to provide you with alternative accommodation or will refund all monies paid (or a proportion in the case of curtailment), subject to paragraph 17.
7.2
We will not pay any compensation or expenses as a consequence of such an event.
8. Cancellations
8.1
In the event that you require to cancel your booking, you must notify us as soon as possible.
8.2
If the period of time from our receipt of your notification to cancel until the time your booking is due to start is equal to or greater than 72 hours then we shall attempt to re-let the accommodation for the period of the booking. If successful, we will refund any payments made (less an administrative fee of £40 per week booked).
8.3
If the period of time from our receipt of your notification to cancel until the time your booking is due to start is less than 72hours or if we are unable to re-let the accommodation, then no refund will be provided and you will remain liable for any outstanding balance.
8.4
If a refund is due, it will be paid within 10 working days of us receiving receipt of the balance of the re-let.
9. Booking alterations
9.1
Any alterations to your booking are made at our discretion.
9.2
Any alterations to your booking may, at our discretion, be treated as a cancellation. If so, the terms of paragraph 8 will apply.
9.3
If, at your request, the date or property of your booking is altered, any difference in price must be met by you.
9.4
There will be no refund if the new booking is at a lower price.
9.5
You will only be permitted to move your booking once to another date within the next 12 months, subject to availability.
10. Period of hire
10.1
All rental periods commence at 16.00 on the day of arrival and terminate at 10.00 on the day of departure, unless otherwise arranged.
11. Cottage capacity
11.1
The number of visitors occupying the accommodation cannot exceed the stated maximum:
- Steading: 4 people
- Byre: 4 people
- Woodshed: 2 people
- Cartshed: 2 people
- Wash House: 2 people
12. Pets
12.1
No pets other than dogs are allowed in the property without our express permission, which may be given subject such terms as we may communicate to you in advance of your booking.
12.2
Subject to 12.6, no dogs are permitted in the Woodshed, Cartshed or Wash House properties.
12.3
Each dog that you intend to bring with you on your holiday must be notified to us at the time of requesting a booking and no booking shall be confirmed unless and until we have expressly consented to such dog(s) joining you on your holiday.
12.4
Where you bring any dog or dogs on your holiday, there is an additional charge of £10.00 per dog per night(to a maximum of 2 dogs).
12.5
If you exceed the agreed number of dogs or any dog is not of the size or breed communicated to us in advance of the booking, we retain the right to refuse you access to the property, and/or to ask that you leave the property before the end of the booking period.
12.6
Registered assistance dogs are allowed in all properties.
12.7
We are unable to guarantee that any property has been pet free prior to your stay, and cannot accept responsibility for any allergy-related suffering as a result.
12.8
In addition, the following terms apply:
12.8.1
Dogs are not allowed on sofas, beds or other furniture.
12.8.2
Dog beds are not provided.
12.8.3
Dogs must not be left alone in or at the property or elsewhere at any time.
12.8.4
Dogs must be free from parasites and fleas before they occupy the property. Failure may incur subsequent charges.
12.8.5
Dogs should be kept on a lead at all times.
12.8.6
You will be liable for any damage caused by your dog, or any additional cleaning required.
13. Smoking
13.1
Smoking is prohibited in all properties.
13.2
Smoking is allowed outside, however we ask that you be respectful of other guests and ensure smoke does not blow back inside the accommodation.
13.3
Cigarette butts must be extinguished completely and disposed of in a waste bin.
14. Parking
14.1
Parking will be limited to one car per cottage, unless agreed otherwise with us at the time of booking.
14.2
Cars will be parked only in the allocated parking spaces.
14.3
Cars are parked at your own risk.
14.4
If you wish to bring any additional cars, or a different type of vehicle, this can only be done with our express permission.
15. Woodshed hot tub
15.1
If you are staying at the Woodshed property, you are welcome to use the wood-fired hot tub.
15.2
Guests staying in other properties may not use the hot tub.
15.3
It is your responsibility to light, stoke and supervise the hot tub whilst the fire is lit. Written instructions are provided to assist.
15.4
Guests should be aware that the hot tub stove and chimney become hot and that they are responsible for their own safety in and around the hot tub. Guests with health conditions including (but not limited to) any condition that causes sensitivity to high temperatures, open wounds, abrasions or cuts should not use the hot tub.
15.5
The availability of the hot tub is weather dependent. From time to time the hot tub will be unavailable, including (but not limited to) during times of high winds, heavy precipitation and electrical storms.
15.6
The use of the hot tub is not guaranteed. No refunds against the cost of accommodation paid shall be made in the event that the hot tub is unavailable for any reason.
16. Eastside steam-sauna yurt
16.1
If you are staying in the Steading, Byre, Cartshed or Wash House you are welcome to use the wood-fired steam-sauna.
16.2
Guests staying in the Woodshed may not use the sauna (as it is on the other side of the valley and they have the use of a hot tub instead).
16.3
Guests in the Steading, Byre, Cartshed or Wash House get one complementary private session in the steam-sauna per week, booked on arrival at Eastside. The opening times and days are itemised on the booking system used and may change according to availability. One additional session per week may be booked at an additional cost.
16.4
It is guests' responsibility to stoke and supervise the sauna stove during their time slot.
16.5
Guests should be aware that the stove and chimney become hot and that they are responsible for their own safety in and around the sauna. Guests with health conditions that mean they are sensitive to high temperatures or humidity should not book or use the sauna. Written instructions are provided to assist.
16.6
The availability of the sauna is weather dependent. From time to time the sauna will be unavailable, including (but not limited to) during times of very high winds, heavy precipitation and electrical storms.
16.7
Use of the sauna is not guaranteed. No refunds against the cost of accommodation paid shall be made in the event that the sauna is unavailable for any reason.
17. Right of Entry
17.1
We shall be allowed access to the property at any reasonable time during any holiday occupancy.
18. Force majeure
18.1
We shall not be liable to refund any payments made for bookings cancelled as a result of force majeure.
19. Complaints
19.1
Complaints should be brought to our attention at the earliest opportunity. It is important that this is done whilst you are still at the property, so that an on-the-spot investigation can be made if necessary and remedial action taken if required.
19.2
In no circumstances will compensation be considered for complaints raised after the holiday has ended, if the opportunity to investigate and remedy has been denied to us.
20. Legal
20.1
These Terms and Conditions are governed by Scots law, and any legal claim will be subject to the jurisdiction of Scottish courts
21. Covid 19
21.1
For all Covid 19 related information, how we are keeping you safe, our responsibilities, your responsibilities and what would happen if you had Covid 19 symptoms while stay at Eastside see our blog post here.
Alterations to these terms and conditions were made on 07.11.21
