Holiday Letting Agreement- Stravaig

This Agreement is made on the date of the last signature below between:

A. ______________ (the Owner, we or us); and
B. _______________ (the Guest(s), you or your).

Meanings

1. These words and phrases have defined meanings: 

Agreement: This Holiday Letting Agreement, which is made up of the information in this section and the following terms and conditions;

Deposit: £150 security deposit paid on _____________

The balance of £__________ is due one month in advance of your arrival date.

Letting Period: ______________and ending _______________

Property: _______________ Innerleithen.

Terms and Conditions

General

2. You are entitled to occupy the Property for holiday/short term use only and this Agreement will not give you any security of tenure under the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy. You do not have exclusive access to the Property. You cannot use or designate the Property as a primary residence.

3. You agree that this Agreement is not an Assured Tenancy nor a Private Residential Tenancy and that no periodic tenancy will start at the end of the Letting Period. As a holiday letting this Agreement is excluded for the purposes of the Protection from Eviction Act 1977.

4. If you have not paid the instalments in full and on time we reserve the right to treat your booking as cancelled by you.

5. If at any time during the Term:

(i) the Payment for Accommodation or any part of it is unpaid for more than 2 days after it is due, whether formally demanded or not, or

(ii) there is a breach of any other of the Guest's obligations under this Agreement, or

(iii) the Property is left unoccupied for more than 7 days continuously otherwise than by prior agreement with the Owner, then the Owner may recover possession of the Property and this Agreement shall end but without prejudice to any of the Owner's other rights and remedies in respect of any outstanding obligations on the part of the Guest.

The Guest is not allowed under any circumstances to re-enter the property after 10:00am on date of departure unless specifically agreed with the Owner.

6. Only the Other Guests listed (if any) are allowed to use or stay in the Property. You and your party must not exceed at any time the number of sleeping places. Our representatives or us have a right at all times to refuse access to the Property for people who are not members of the party.

7. All references to the singular include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation.

8. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.

9. You must provide identification verification by sending a copy of your passport and/or driving licence to the operators of the holiday accommodation prior to arrival.

Your Obligations

10. You agree with us to:

a. make payment for the accommodation at the times and in the way set out above;

b. keep the Property in a good and clean condition;

¢. replace, repair or clean any item(s) which are broken or damaged during the Letting Period;

d. keep noise from becoming too loud to disturb any neighbours;

e. give the Property back at the end of the Letting Period in the same clean state and condition it was in at the beginning of the Letting Period (reasonable wear and tear and damage by insured risks excluded);

f. Allow us or anyone with our written permission to enter the Property at reasonable times of the day (taking relevant precautions due to COVID-19) to check its condition and state of repair, and carry out any necessary repairs and gas inspections, provided we have given you reasonable prior notice (except in an emergency),

g. make sure that you and your personal belongings are insured. No liability can be accepted by us for any expenses, costs, losses, thefts, or claims howsoever suffered or incurred by you or any member of your party whilst staying at the holiday apartment.

h. give a forwarding address when the Letting Period ends; and

i. before leaving remove all rubbish and all personal items (including your own furniture and equipment) from the Property

11. You agree with us not to:

a. damage, make any alterations, changes or additions to the inside or outside the Property.

b. damage the Property or any of the contents, and furniture.

¢. do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium:

d. without our prior written consent (consent not to be withheld unreasonably) keep or allow any pet of any kind or animal at the Property.

IF any pets are allowed they must be kept under strict control at all times. Pets must not be left alone at the Property. You are responsible for all damage and any extra cleaning caused by the pet(s), and are responsible for cleaning all pet refuse:

e. use or occupy the Property in any way other than as a private short stay residence for a maximum of X people; and

f. assign, sublet, charge or part with or share possession of occupation of the Property or any part of it

g. use the Property or any part of it for any improper, immoral or illegal purposes.

h. smoke in the property

i. hold any parties or have guests stay over other than those mentioned in this contract.

We will treat breach of any of the above as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.

Our Obligations

12. Subject to you paying for the accommodation on time and performing your obligations under this agreement you may peaceably hold and enjoy the property during the letting period without interruption from us or any person rightfully claiming under or in trust for us.

Deposit

13. You must pay a refundable Damage Deposit of £200 as security towards your liability for breaking the house rules, damage, breakage, missing items, unauthorised late check out, additional cleaning, nuisance and any other sums that may be due from the Guest to the Owner under this Agreement.

14. The Deposit will be held by us and will be refunded to you up to 5 working days after your departure (but less any reasonable deductions property made by us to cover any reasonable costs incurred or losses caused to us by any breaches of the obligations in this Agreement by you). No interest will be payable to you in respect of the Deposit.

15. The Deposit will be paid to you as soon as reasonably possible, however we will not be bound to return the Deposit until after we have had a reasonable opportunity to assess the reasonable cost or any repairs required as a result of any breaches of your obligations under this Agreement.

16. If there is a claim for damages or losses caused by you or your actions, or if any service charges incurred by you exceed that of the security deposit amount, you will be responsible for paying us any additional monies required immediately on request from us. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our full legal costs) as a result of your actions.

17. If at any time during the Letting Period we are obliged to deduct from the Deposit any reasonable costs due to any breach of your obligations you must make additional payments as are needed to restore the full amount of the Deposit.

Cancellations

18. Should you need to cancel your stay, the party leader must immediately advise us in writing via email. Your notice of cancellation will only be effective when we receive it in writing. If you cancel more than 31 days prior to your arrival date you will receive a full refund on any accommodation payment and the damage deposit. If you cancel 31 days or less prior to your arrival date, there will be no refund on the payment.

19. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will endeavour to offer you an alternative should a significant change or cancellation occur. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by “force majeure” (see Clause 20 below) to change or terminate your stay before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

General

20. We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In this Agreement, “force majeure” means any event which we could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

21. Where the Payment for Accommodation or any other sum due by the Guest under this Agreement is in arrears, whether legally demanded or not, the Owner shall be entitled to charge interest at the rate of 4% above the prevailing base rate of the Bank of England on the outstanding sum from the date when the same became due until the date of payment.

22. Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery or email. If served on the Guest, a notice should be served at the Property or sent to any email address intimated by the Guest, and if served on the Owner should be sent by email to ______________________.

Notices are deemed served the day after posting.

23. A person who is not a party to this Agreement cannot enforce any of its terms under the Contract (Third Party Rights) (Scotland) 2017.

24. Utilities are included in the price paid for your stay in the above-named propert. This includes broadband, water and electricity. Electricity usage is capped at £100 per calendar month, any additional usage will be invoiced directly to you.


The parties have signed this Agreement on the date(s) below:



_________________________                                                                              _________________

 ________________  (Owner)                                                                             Date of signature  



_________________________                                                                              _________________

 ________________  (Client)                                                                              Date of signature