Summerfield House Terms and Conditions
1. General
1.1. These booking terms and conditions (“Terms”) form the basis of your contract with us. Please ensure that you read the Terms carefully as they set out our respective rights and obligations.
1.2. These Terms, as amended from time to time, apply to all bookings.
1.3. These Terms will become binding, and you will be deemed to have accepted these Terms on behalf of any other persons detailed on the booking, on the earliest of:
(a) you paying us a rental deposit;
(b) you making full payment of the cost of your Summerfield House booking.
2. Booking
2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) the details they are providing are complete and accurate;
(b) he/she has read these Terms and has the authority to, and does agree to be, bound by them;
(c) he/she consents to us using any information provided in accordance with our Privacy Policy;
(d) he/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
2.2. When you submit a booking request to us, this does not mean we have accepted your booking. Our acceptance of the booking will only take place when we have received, as a minimum, the rental deposit as described in clause 1.3 above (when a binding contract is entered into).
2.3. If we are unable to fulfil the booking request, we will inform you of this and we will not process the booking further.
3. Prices and VAT
3.1. We do not quote pricing on our website to protect the privacy of our customers. Rental prices change from time to time. Prices are only guaranteed once the rental deposit (see clause 1.3 above) has been paid.
3.2. All rents are subject to VAT at the prevailing rate and will be detailed in your booking confirmation.
3.3. Our VAT registration number is 449 5402 77.
4. Accuracy
4.1. We endeavour to ensure that all the information on our website and in our marketing is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances.
4.2. You must check the price and all other details relating to your booking before paying your deposit.
4.3. We reserve the right to change the interior room configurations, the furnishings, the fixtures and fittings of Summerfield House and all other equipment in, or appearance of, Summerfield House without giving prior notice to you.
5. Changes by you
5.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.3) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible.
5.2. Any request for changes to a booking must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of any applicable rate changes and any other costs or charges incurred or imposed by third parties that we work with. The amount of the fee will be notified to you before you choose to proceed with any change. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should therefore contact us as soon as possible.
5.3. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation charges set out in clause 21 will become payable.
6. Changes by us (including cancellation)
6.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed.
6.2. In the event of a cancellation by us all monies received from you will be refunded in full.
7. Payment Terms
7.1. To secure your booking and confirm your arrival date you will be required to pay a non-refundable rental deposit in cleared funds of 25% of your total rental cost plus VAT. This amount will exclude the mandatory accidental damage insurance fee (see clause 8) and the Security Deposit (see clause 9).
7.2. The balance of your rental cost plus the accidental damage insurance fee (see clause 8) must be received in cleared funds by us no less than 60 days before your arrival date.
7.3. If your arrival date is 60 days or less away on the date of booking then the full rental amount plus the accidental damage insurance fee must be paid on booking.
7.4. The Security Deposit (see clause 9) must be paid within 14 days of your arrival date.
7.5. If we do not receive full payment in cleared funds in full of all sums as and when they fall due per this clause 7 we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 21 will apply.
7.6. The following documents may be requested in order to satisfy KYC and money laundering legislation and secure the reservation:
(a) a copy of cardholder's identification (driver's license/passport)
(b) proof of cardholder's address (recent utility bill/bank statement)
7.7. Failure to provide the requested documents or if identity verification is deemed invalid we reserve the right to cancel the reservation without liability.
8. Accidental damage insurance
8.1. Unless otherwise stated, all bookings are subject to an accidental damage insurance fee which is payable with the final balance (see clause 7.2).
8.2. The accidental damage insurance fee payable under clause 8.1 covers you for minor accidental damage to Summerfield House and its contents during your stay up to the value of approximately £500. The accidental damage insurance fee is payable in addition to the Security Deposit payable under clause 9.
8.3. In the event that damage is caused to Summerfield House during your stay we shall, at our absolute discretion, make a determination as to whether the cost of any repair and/or replacement should be deducted from your Security Deposit or whether the damage is sufficiently minor and accidental in our opinion to be covered by the accidental damage insurance cover under this clause 8.
8.4. Intentional damage or gross negligence is not covered by accidental damage insurance.
8.5. Any damages must be reported to us prior to checking out. If you fail to report any damages the insurance will not cover you and you will be charged for the cost of repairs or replacement items.
8.6. The accidental damage insurance fee is currently £55 per booking.
9. Damage and Security Deposit
9.1. You and your party are responsible for all damage and loss to Summerfield House and its contents during your stay. If you or any member of your party cause any damage to Summerfield House or any item in it or on its premises, you and/or your party may be required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and severally responsible.
9.2. A cash deposit of £5,000 the (“Security Deposit”) is required from you to cover:
(a) damage or loss to contents; and/or
(b) excessive cleaning costs; and/or
(c) excessive utility use (e.g. heating left on full with external doors left open / hot tub left open without lid when unoccupied).
(d) late check out fee, should the standard check out time be exceeded without prior confirmation.
9.3. The Security Deposit can be paid with the final balance or no later than 14 days prior to arrival.
9.4. A full and detailed check of Summerfield House will take place after your departure. You will be advised of any faults or damages found after this check, and thereafter you will be advised of the cost of repair or replacement.
9.5. Anything damaged, spoilt or broken that is deemed not able to be covered by the accidental damage insurance will be charged to you at the replacement cost. Any items having to be purchased will be replaced ‘like for like’ to the same quality and standard.
9.6. The Security Deposit, less any charges, will usually be refunded within 7 days after your departure date. However, the refund may take longer if you dispute a charge and we need time to investigate.
9.7. The Security Deposit does not limit your liability under these Terms and we expressly reserve and preserve all rights and remedies under law for any and all losses suffered as a result of your rental occupancy.
10. Travel insurance
10.1. It is a condition of your booking that you obtain comprehensive travel insurance that is suitable for your individual needs and the nature of your trip.
10.2. Your policy should provide cover for (but not be limited to), medical treatment, accidents, repatriations and holiday cancellation/curtailment.
10.3. We strongly recommend that you arrange travel insurance at the time of booking. This ensures that you are protected should it become necessary to cancel your holiday unexpectedly before your departure date.
10.4. It is your responsibility to ensure that your insurance policy is valid for the full duration of your stay, and that it provides a level of cover you are satisfied with. We will not be liable for any losses which you incur as a result of your failure to obtain adequate insurance cover.
11. Rental period
11.1. Summerfield House rental begins at 15.00 on the day of arrival and terminates at 10.00 on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).
11.2. Please note that Summerfield House has an initial supply of consumables (bin bags, toilet rolls, washing powder, etc.). Once these have been used we are not responsible for replenishing these items during your stay. The consumables supplied should be adequate for a three night stay.
12. Renter duty of care
12.1. No other persons are permitted to stay at Summerfield House other than those named on the booking form and under no circumstances may more than 14 people occupy the property during your stay.
12.2. Breach of clause 12.1 may result in your eviction from Summerfield House and/or additional guests being asked to vacate and in this event you will not be entitled to a refund. We and our agents reserve the right of entry to Summerfield House at any time.
12.3. You and all members of your party agree not to use the property for any illegal or commercial purpose, including subletting.
12.4. On departure you should leave Summerfield House in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests. This includes disposing of all rubbish before you leave (information relating to rubbish disposal including bin collection dates can be found in the Summerfield House guide).
12.5. Charges may apply to excess rubbish left on your departure day and any excessive cleaning required.
12.6. If excess rubbish must be cleared or excessive cleaning of Summerfield House is necessary following your stay, any charges will either be:
(a) deducted from your Security Deposit; or
(b) invoiced to your postal address;
and you agree to pay such charges.
12.7. You must let us know immediately if you identify any damage to Summerfield House or its contents, or if something gets broken, stained, marked or damaged in Summerfield House during your stay, so that remedial action can be undertaken as soon as possible.
13. Pest control
13.1. Summerfield House occupies a rural location surrounded by wildlife of all kinds. The vast majority are completely harmless to humans. There are occasions where insects, birds, mice or even bats may gain entry through an open door or window. Renters are encouraged to use common sense should such an event occur during their stay. Summerfield House is cleaned professionally between each rental, however we cannot guarantee an insect or pest free environment.
13.2. We cannot accept any responsibility for any disruption caused to your holiday by insects or other pests where this was outside of our reasonable control.
14. Animals
14.1. Summerfield House has a strict no pets policy (unless otherwise stated).
14.2. We request that all renters respect the surrounding farmland usage, specifically, where livestock is present. No fireworks are permitted at the property.
15. Smoking
Smoking and vaping is not allowed in Summerfield House. Smoking and vaping is allowed on the deck. Smokers are requested to dispose of their waste responsibly in the receptacles provided.
16. Weddings and corporate events
Parties, weddings and corporate events are strictly prohibited. Violation of this rule will result in us being entitled to:
(a) evict you from Summerfield House with immediate effect (and in this event you will not be entitled to a refund); and/or
(b) invoice you for the additional charge that would have been payable by you had you sought our prior permission to hold the event and such permission had been granted. Such invoices shall be payable by you to us within 14 days of receipt.
17. Hot Tub and Deck
17.1. The hot tub heating is not included as standard. At the time of booking you will be given the option of paying an additional fee for such heat on a daily rate basis.
17.2. In the event that you opt to pay an additional fee for hot tub heat and during your stay the hot tub heating fails, you shall be entitled to a refund of the daily rate paid for each day of heating failure. You shall not be entitled to any other compensation in the event that hot tub heating fails.
17.3. Use of the hot tub is entirely at your own risk. It is particularly important that children are supervised at all times in and around the hot tub and surrounding areas.
17.4. Children under the age of 12 are not allowed in the hot tub.
17.5. Outdoor crockery and drinkware is provided for use on the deck. No glasses should be taken from the house to the deck.
18. Changes to the Terms
18.1. We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements.
18.2. If we have to revise these Terms under clause 18.1, we will give you at least one month's written notice of any changes to these Terms before they take effect.
19. Our liability to you
19.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party;
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which we could not, even with all due care, have foreseen.
19.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
19.3. Subject to clause 19.2, the maximum amount we will be liable to pay you in respect of any claim under these Terms is the rental cost of your Summerfield House booking. This maximum amount will only be payable where your party has not received any benefit at all from the booking.
19.4. You are reminded to exercise care as to your personal safety and the safety of your party. Use of the play area, hot tub, bbq, pizza oven and tennis court and all other recreational areas are entirely at your own risk.
19.5. Valuables should be left in a secure place out of sight.
19.6. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water and electricity. Summerfield House by its nature is located in an area where power cuts can occur and water pressure can fluctuate. We cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of Summerfield House by any authority over which we have no control.
20. Force Majeure
20.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
20.2. A Force Majeure means any act or event beyond our reasonable control, including without limitation flight delays or cancellations, airport closures, adverse weather conditions, industrial dispute, civil commotion, riot, invasions, 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 a public or private telecommunications network.
20.3. If a Force Majeure takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you.
20.4. We strongly recommend that holiday insurance is taken out by you to cover the risk of holiday cancellation or curtailment in such circumstances.
21. Cancellation
21.1. Once a binding contract has been entered into (see clause 1.3) to cancel the entire booking or any part, the person making the booking must first notify us in writing.
21.2. If we receive written notice of a cancellation with more than 60 days to go to your arrival date only your non-refundable deposit will be retained by us. Any other sums we hold as rental from you will be returned in full.
21.3. If we receive written notice of a cancellation with 60 days or less to go to your arrival date your full rental payment will be retained by us. We will endeavour (but be under no obligation) to source an alternative occupier on your behalf. Any rent obtained from a third party applicable to the period of your cancelled booking will be paid to you less an administration fee.
22. How we may use your personal information
22.1. We will use the personal information you provide to us to:
(a) make the booking;
(b) process your payment for the booking;
(c) process any refund or return of the Security Deposit.
We will not give your personal data to any other third party.
22.2. Where you provide us with personal information, you consent to this information being used as described in this clause.
23. Complaints
If you experience any issue during your stay, please notify us as soon as the issue arises, so that we have the opportunity to resolve the matter during your stay.
24. Governing law
These Terms and any agreement to which they apply are governed in all respects by Scots law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Scottish Courts.