Edinburgh Old Town Holiday Apartments

We are proud of the holiday flats we manage and the lovely Edinburgh neighbourhoods where they are situated. We do our utmost to run our service in a way that makes the holiday experience for our guests and our neighbours as pleasant and enjoyable as possible.  For this reason we have in place these Terms and Conditions which apply to everyone booking the flats, and these form the basis of the contract between the Owner and yourself, the Hirer.

Terms & Conditions

1. Defintions
   • Owner = Owner of the apartment the Hirer is booking
   • Host/Agent = Ourselves and other agents or staff of the Owner
   • Hirer = Hirer/Person(s) booking the apartment including all members of your holiday group.
   • Holiday group = all persons who will be staying in one of the properties in a single booking.
   • Third Party Website – Any holiday websites that list our properties such as Booking.com

 

2. Condition Precedent
   • The Hirer must be at least thirty (30) years of age at the time of booking. The hirer must be in the holiday party group.

 

3. The Contract
   • The holiday accommodation contract is between the Owner and the Hirer.
   • The contract between you (the Hirer) and the Owner, is subject to Scottish Law, formed in Edinburgh, Scotland. It is agreed that any dispute you may have with the Owner will be dealt with by the Scottish Legal System.
   • Submission of an internet booking or completion of a telephone booking with deposit payment will be deemed to be acceptance of these terms & conditions.
   • The Owner has the right to refuse any booking prior to the issue of written confirmation and in such event any deposit received will be returned to you immediately.
   • Once a booking has been confirmed, a binding Contract has been entered into. As such, when you receive your written confirmation, the details must be checked carefully by you. If anything is not correct then you must notify us immediately.
   • As the completed booking agreed by both parties is a binding contract, any subsequent amendments must be agreed by both parties in writing.

 

4. Advertised Prices & Facilities
   • The Owner reserves the right to amend prices quoted on our website or other places that our flats are advertised due to errors or omissions.
   • The Owner reserves the right to change facilities quoted on our website or other places that our flats are advertised due to errors or omissions. The Owner also reserves the right to alter or withdraw amenities or facilities, which have been previously advertised as being available where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond the control of the Owner.

 

5. Your Holiday Group
   • The Hirer must ensure that all members of their holiday group have read the terms and conditions contained herein and accept them in full. Completion of the booking will represent that all members of the party have agreed to these terms and conditions. Liability under this Agreement is joint and several between all members of the party.
   • At the time of booking, the Hirer is required to provide their name, home and email address, mobile telephone number, dates of arrival and departure and the names and approximate ages of guests in their party.
   • Only those named on the booking form can occupy the property, at any point.  If over-occupancy is discovered, you will lose your accommodation with no refund of rental or security deposit.
   • The Hirer and all holiday group members are responsible for their own travel/cancellation/health insurance.

 

6. Use of Apartment
   • The Hirer shall permit the Owner, or their Agents, including workmen, access to the property at any reasonable time during the occupancy of the apartment.
   • The Hirer shall not sub-let the premises to any other person or persons.
   • The Hirer warrants that the property let is used for the purpose of a holiday and so accepts that the letting is a holiday let to which Section 12(2) & paragraph 8 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'. The booking agreement confers a right to occupy the accommodation for the agreed period only.
   • The Hirer must only use the property as a holiday let and is expressly forbidden from conducting any business or providing any service from this property.

 

7. Arrival & Departure from Property
   • The apartment will be available for occupancy at 4pm on the agreed date of arrival, unless otherwise agreed in writing.
   • On arrival at the property, in order to check-in, each member of the holiday party is required to show photo identification, and in the case of visitors from outside the EU, passports require to be shown.
   • The Hirer accepts the Owner’s right to refuse to hand over the property to any person deemed unsuitable to take charge.
   • The Hirer shall permit the Owner, or their Agents, including workmen, access to the property at any reasonable time during the occupancy of the apartment.
   • The Hirer binds and obliges him/herself to vacate the apartment without demand at the end of the rental period on the agreed termination date, at or before 11am, unless otherwise agreed in writing.  Failure to vacate on time may incur a minimum penalty charge of £50.
   • The Hirer is responsible for all keys & remote control fobs – these all must be returned to the apartment at the end of the rental period. If any or all keys/remote control are not returned, then the Hirer must bear the full cost of replacing them and the cost of replacing the locks.

 

8. Consideration to Neighbours & Other Guests
   • The apartment has a quiet policy between the hours of 9pm - 8am
   • The Hirer shall undertake to prevent any member of his/her party from causing any nuisance, disturbance or unreasonable behaviour to other residents/neighbours. This is a residential apartment block and the majority of the neighbouring properties are residential.
   • No parties or gatherings (other than the holiday group that is booked into this apartment) of any kind are permitted in the apartment. Failure to adhere to this condition, will constitute a breach of contract on the part of the Hirer, and will result in the Hirer and party being asked to leave, there and then, from the premises.  Furthermore, all of the rental fee plus security deposit will be retained by the Owner. The Owner will not have any liability to you as a result of this situation arising (including for the avoidance of doubt any costs or expenses you incur in securing alternative accommodation). The Hirer will be responsible for meeting additional costs of any damage to the property and its contents
   • The washing machine or dishwasher are not to be used during quiet hours 9pm - 8am.
   • The Hirer, if using the car parking space, where this is designated, undertakes to use the designated space only. Your vehicles and their accessories and contents are left entirely at your risk.
   • No pets are allowed in the property, balcony, car garage, any communal area.

 

9. Safety & Security of Property
   • The Hirer undertakes to leave the apartment secure (doors and windows) if left unoccupied, or whilst sleeping, during the period of the rental.
   • The Hirer is responsible for informing the Agent/Host of any loss of key or fob as soon as it happens as this represents a security risk.
   • No smoking is allowed in the property, balcony, car garage, any communal area, or from the windows.
   • No candles or fireworks are allowed within the property, balcony, car garage, any communal area.
   • The Hirer is bound to take responsibility for minimising any fire or flood risk.
   • Electricity and heating should be run at the minimum level required, particularly when not present at the property.

 

10. Condition of Property
    • The Hirer will be required to pay a security deposit (or have an amount held on their credit card) for the booking, to cover damage caused or breach of contract.
    • The Hirer undertakes to leave the property and its contents in the same condition as they found them. Failure to do so will result in any monies required to cover the cost of any breakages or cleaning being deducted from the security deposit. Or if the cost of making good is greater, any additional sum over and above that of the security deposit will be due from the Hirer. Otherwise, return of the security deposit (or balance of) (or release of the amount being held on the card) in Sterling to the Hirer will be actioned by us as soon as possible & usually within 14 days of the end of the stay.
    • The Hirer undertakes to inform the Agent/Host of any damage that has occurred during their stay when it happens.

 

11. Liability
    • The Hirer undertakes to relieve the Owner from any liability for damage or injury however caused by any member of his/her party.
    • The Owner, their host/agents/subcontractors or their employees accept no responsibility for loss, injury or damage to any member of the Hirer's party or their property, including vehicles, howsoever caused, arising in any manner out of the let of the apartment, unless caused by their negligence.

 

12. Force Majeure
    • If the Owner is affected by circumstances which are beyond their reasonable control (including without limitation flood, storm, fire, employment strikes, urgent unforeseen repairs required to Property, telecommunications access problems, destruction or damage of the Property or road blockages) then the Owner or their Agent/Host shall notify you of the extent and nature thereof as soon as they become aware of the situation.
    • The Owner shall not be deemed to be in breach of this Agreement, or otherwise liable to you, (including the cost of securing alternative accommodation) by reason of any delay in performance or non-performance of any of its obligations hereunder (to the extent that such delay or non-performance is caused by circumstances beyond their reasonable control as set out in Clause 12.1 above).
    • The Owner will procure the refund of any monies held in respect of such bookings for the Property, which are cancelled due to circumstances set out in Clause 12.1 which (notwithstanding Clause 12.2) shall constitute the full liability of the Owner to you. will be payable in such circumstances to the Hirer by the Owner. If such a booking is started but cut short due to such circumstances a pro-rata refund will be made.

 

13. Payment
    • Payments will be taken from credit/debit card details that you enter into our system or those of a Third Party Website. We reserve the right to take from that payment card the amount required to make the booking in accordance with these Terms & Conditions and also any Terms & Conditions you may have agreed to by placing your booking on a Third Party Website.  We reserve the right to take subsequent amounts required for the booking from this same card without further reference to you, or without requiring you to input your card details again, although we will strive to communicate with you in advance to remind you of the impending payment.  This includes accommodation balance payments and payment for any additional services requested by yourself from us, and also refundable security deposits.
    • The Owner will not be held liable for any delays in the transmission of refund monies due to factors outwith their control, such as Bank procedures or foreign transfer limitations.
    • If any payment you make is not honoured for any reason we reserve the right to make an administration charge of £25.
    • The Owner reserves the right to charge interest at a rate of 4% per annum above HSBC Bank PLC base rate from time to time on any payment or any part payment overdue calculated from the date due to the date of payment and to recover its expenses including legal fees and costs of collection. There is no obligation to provide the Property for occupation until full payment for the complete rental period, and security deposit has been received by the Owner.

 

14. Complaints
    • Any queries or complaints arising when you arrive at the Property or during your stay (regarding maintenance or facilities) should be addressed in the first instance to your Agent/Host, the details of whom will be included in your arrival information. We would also request you inform our office of your complaint as soon as possible so we can log and monitor the issue.
    • It is important that any complaints are registered with us immediately as complaints of a transient nature (for example, the heating of the Property) cannot be investigated or rectified unless they are registered whilst you are in residence.
    • No guarantee can be given that the Owner will be able to remedy any defects or answer any queries you may have but they will endeavour to assist you and to contact the Agent/Host when necessary.

 

15. Cancellation Policy

If you do require to cancel your booking, our policy is as given below:

• General
  • We will treat any booking as cancelled if the balance of the Hire fee is not received from you by the due date, and as such the apartment will be available to be hired out to another guest at that point.  In such circumstances the deposit paid by you will be forfeited and you remain liable for the full amount of the holiday cost (unless your booking is eligible for our Flexible Cancellation Policy in 15.2.2 below) although credit may be given for any monies received as a result of re-letting (less an administrative cost of £75).

• Bookings Made Direct on our Website, via our Office or via Visit Scotland or Embrace Scotland
  • Strict Cancellation Policy
    • Eligibility: Bookings made for stays starting before Aug  1^st 2020, or any bookings for stays commencing after that, that have been made previously and been postponed or where vouchers given on previous cancellation are used for the booking.
    • If the cancellation is made more than 60 days in advance of the booked dates, only the 25% rental deposit will be retained by us. Any rental payments over and above that plus the security deposit will, of course, be refunded to you.
    • If the booking is cancelled less than 60 days before the booked dates, your rental payment will not be refunded. The security deposit will, of course, be refunded to you.
    • If you have to or wish to cancel your booking at any time you must e-mail us straight away at bookings@edinburgholdtownholidayapartments.co.uk to give us initial notification. After initial notification, the person who made the original booking must also immediately confirm your cancellation in writing by email to the same address. The day that we receive your written notification of cancellation is the date on which your booking is cancelled, and this is only deemed to be cancelled when a written acceptance of cancellation has been sent by ourselves.
    • We strongly advise that you arrange insurance that covers you in the unlikely event of your having to cancel. No insurance is included in the quoted holiday cost, unless you specifically add this option.

• • Covid Relaxation of Cancellation Rules
    • If you are unable to travel to take your holiday because of a Covid 19 related national or local lockdown, we guarantee you will get a full refund. The refund guarantee applies to the booker's address given on the booking at the time of booking (or the holiday apartment address) being put into a lockdown, and when the travel restriction coincides with the period of your holiday. The refund guarantee covers national and local lockdowns but does not cover you (or members of your party) for being unable to travel because you (or a member of your party) falls ill with Covid, or are required to quarantine or self isolate. These events can be covered by you taking out travel insurance. There are a number of policies that include cover for illness with Covid and self-isolation and many bank annual travel policies also cover this.

• Bookings made through Third Parties (eg Booking.com etc)
  • If your booking has been made through a third party, the cancellation policies described in the listing of that third party apply.
  • If you need or wish to cancel your booking made though a third party at any time you must follow the cancellation procedure of the third party with whom you made the original booking.

• Cancellations by Owner
  • In the extremely rare event that the Owner wishes to cancel your holiday booking for any reason, they shall be able to do so up to 60 days prior to your holiday start date with no further liability to you other than the return of any deposit or monies previously paid by you.
  • In the event that the Owner wishes to cancel your holiday booking for any reason (other than a force majeure reason set out in Clause 12), less than 60 days prior to your holiday start date, the Owner shall, at their own sole discretion, either (i) try to relocate you in similar or superior accommodation or (ii) return any deposit or monies previously paid by you.
  • In consideration of the above sum, you agree that this is a reasonable pre-estimate of any likely loss to you and that such amount discharges the Owner from any liability to you and is in full and final settlement of any claims against them.

• Changes to Bookings
  • If you want to change your booking once confirmation has been issued, an administration fee will be payable to the Owner once any change has been made. However, it is important to note that a change of property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking.

 

16. Your Data
    • By using our website, requesting information or making a booking you consent to the collection, storage and use of your personal data that is required to perform our services. Further detail is available on our privacy policy available to view here at https://edinburgholdtownholidayapartments.com/privacy-policy/.