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1.            Terms and Conditions

1.1.        The following terms and conditions are the contract that regulates the provision of Cowden Farm Holidays accommodation.

1.2.        For the purpose of these terms and condition these words have the following definitions:

1.3.        “owners”, “us”, “we” means “Cowden Farm Holidays”, a partnership between Clive Phillips and Mrs Liz Phillips having a place of business at The Waters, Glenbervie, Stonehaven, AB39 3YR.

1.4.        “you”, means the person placing the booking and where the context permits, your party.

1.5.        “Property” means the residential farmhouse known as Cowden Farmhouse, Drumlithie, Stonehaven, AB39 3YN and immediate garden grounds.

1.6.        “Let” and “Holiday Let” means provision of holiday accommodation on a holiday let basis by the owner to you.

2.            Parties

2.1.        A contract between you and the owners will come into existence when we receive payment and accept your booking by issuing an email confirmation of booking for the holiday dates you have requested. The contract will be binding on you and all the members of your party jointly and severally. It is your responsibility to ensure that all members of your party accept the terms of the contract set out in these terms & conditions of booking. Failure to disclose all relevant information or comply with these terms may lead to termination of the contract and loss of the booking.

3.            Use of the Property

3.1.        The Property is a residential farmhouse, known as Cowden Farmhouse and is Let to you for the sole purpose of short term holiday accommodation only and for no other purpose.  The maximum duration of any Let is 14 days except by prior arrangement confirmed by us in writing. It is to be occupied by you and the party which you have identified on the booking form only.  There is a separate artist’s studio and surrounding grounds which share the same access track to the Property and is not included in the holiday Let, but is only in occasional and discrete use by the owner or staff.  This will not interfere with your exclusive enjoyment of Cowden Farmhouse.  you are of course welcome to enjoy the space around the Property responsibly.

4.            Payment, Deposit and Cancellation

4.1.        Prices are the prices quoted on our website applicable at the time of placing your booking.

4.2.        A non-refundable deposit of 25% of the holiday price is payable at the time of booking. Bookings made less than six weeks before your arrival date must be accompanied by the full amount of the holiday charge.

4.3.        The balance of the holiday price must be paid so as to arrive no later than six weeks before the commencement of your holiday. If the balance is not received by the due date then your holiday will be treated as a cancellation and you will remain liable to pay the balance of the rent.

4.4.        All cancellations must be immediately notified by telephone and then in writing. If you cancel your holiday more than 6 weeks before it is due to start then your deposit will be forfeit. If you cancel less than 6 weeks prior to the holiday then the full balance remains due and is not refundable.  However, if we are able to re-Let the late cancellation days we will refund you a pro-rata proportion of the re-Let price less the non-refundable deposit.

4.5.        We strongly advise that you take out comprehensive travel insurance. If you choose not to then you accept responsibility for any loss that you may incur due to your cancellation.

5.            Force Majeure Cancellation

5.1.        Your booking will not be cancelled by the owners except in exceptional circumstances beyond our reasonable control. Notification will be given of the cancellation as soon as possible and we will promptly refund all payments made for your holiday. Our liability for cancellation will be limited to payments made to us, and in no circumstances are we liable for indirect or consequential losses.  Examples, for illustration only, are fire, flood damage, failure of heating systems or other services, structural damage to the Property, or government or local authority regulation such as movement or lockdown restrictions related to Covid-19 pandemic or other regulations or restrictions preventing operation.

6.            Damage

6.1.        In making a booking you accept responsibility for any theft, breakage or damage caused by you or any member of your party to the Property or the décor and contents, and agree to indemnify us in full for any loss that we may incur as a result.  you should advise us immediately of any such damage.  you will be liable for the cost of such damage payable before you depart.  In the event that we discover any such damage after you depart we will invoice you within 48 hours (or as soon as costs of replacement or repair are available), payable by return.

6.2.        You are solely responsible for your own belongings and those of your party (including any vehicle,  computer, phones or IT equipment, money or valuable items) and the owners will have no liability whatsoever in relation to damage or loss of these items howsoever caused.

7.            Size of Party and Bookings

7.1.        The number of persons using the accommodation at any time must not exceed 7 and only those people listed on the booking form can occupy the apartment. The property can accommodate 10 by separate prior arrangement. We reserve the right to terminate the booking without notice and without refund in case of a breach of this condition.

7.2.        Bookings cannot be accepted from persons under eighteen years of age.

7.3.        Children under 18 are permitted but must be supervised by their parents/guardians at all times.

7.4.        This contract is personal to you and you are prohibited from re-letting, assigning or subletting the property or this contract, even free of charge. We (the owners) reserve the right to refuse a booking without giving any reason.

7.5.        We or our representative reserve the right to enter the apartment at any time to undertake essential maintenance or for inspection purposes.  We reserve the right to access and use the artist’s studio when required.  We will endeavour to give reasonable prior notice when possible, save in the case of emergency when immediate access may be required.

8.            Check-in and check-out

8.1.        Tenancies normally commence at 5.00 pm unless otherwise agreed and guests are required to vacate the apartment by 10.30 am on the day of departure. This allows the accommodation to be thoroughly cleaned and prepared for incoming guests. Departing guests should insure that all cutlery and crockery is washed or loaded in the dishwasher, all food and drink should be removed and taken with you or disposed of, and all refuse bins should be removed and placed outside the external door of the property.

9.            Dogs/Smoking

9.1.        Smoking within the premises is strictly prohibited and will result in immediate termination of occupancy and forfeiture of all payments.

9.2.        Dogs up to a maximum of 2 are permitted provided they are kept under control and are only permitted to enter the dwelling house when clean and dry.  No other pets or animals are permitted.  An external kennel and run are also provided, and it is your responsibility to insure that if you use it that your dogs do not escape from it.  All dog faeces must be collected in a bag and disposed of with the household waste. Please note that the property is located within a working livestock farm and whilst the owners will endeavour to facilitate space and routes to walk your dogs, you must insure that your dogs remain under control at all times and comply with the law governing control of dogs with livestock.

9.3.        The conditions regarding companion pets and the prohibition on smoking must be strictly adhered to and any damage or extra cleaning or damage caused by pets or smoking will be an expense charged to you.

10.         Notification of damage to the Property

10.1.      Please treat the facilities & accommodation with due care so that other guests may continue to enjoy them. In the event that you notice damage in your accommodation please Let us know immediately so that we can take the appropriate action. The accommodation will be inspected at the end of the holiday and you may be charged for any loss or damage found.

11.         Cleaning

11.1.      The property will be cleaned prior to your check-in. It is your responsibility to keep it clean during your stay.  A cleaning service during you stay may be available by prior arrangement at an additional cost.

11.2.      The owners reserves the right to make a charge to cover additional cleaning costs if the you leave the property in an unacceptable condition requiring more than a general clean.  This will be invoiced to you within 48 hours of your departure, payable by return.

12.         Covid-19

12.1.      The owners will clean the property prior to your visit and endeavour to reduce the risk of infection by Covid-19 to a standard compliant with Scottish Government guidance and regulations on self-catering accommodation.  you shall be deemed to make your own assessment with regard to your own safety and those of your party in travelling and using the Property.

12.2.      In the event the owners has been advised that the previous occupant has been diagnosed with Covid-19 during their stay, we will advise you and you will have the option of terminating your holiday.  In that event that you elect to terminate your holiday you will receive a full refund of the 75% balance of the holiday price.  The 25% deposit is non-refundable as a contribution to our costs in dealing with such unforeseen events.

12.3.      In the event that you or one of your party is diagnosed with Covid-19, you will immediately advise us and vacate the property and return home in accordance with prevailing government guidance.

12.4.      We reserve the reserve the right to terminate your holiday in the event that the Scottish Government or UK Government, or local authority has locked down, or intimated it’s intention to lockdown the area in which the Property is located in advance or during your stay.  In that event we will intimate this to you and refund to you the full amount of the sums you have paid less a pro-rata share for any period of occupation prior to termination.

12.5.      If you are required by law to delay your departure from the property due to Covid-19 regulations, and have no legal option but to do so, you will be liable for the full cost of that stay as if it was booked as a holiday.  Such additional costs will be payable at the outset of the emergency lockdown period and any extension.  you are required to remove and vacate the Property immediately such legal restriction is removed.  The owners reserves the right to terminate this emergency lockdown arrangement at any time on giving 24 hours prior notice to you in which case it will be your responsibility to make such arrangements as are required to relocate.

13.         Security, Wi-Fi and safety

13.1.      Please lock the doors and close the windows when they leave your property unoccupied for the security of the Property and its contents.

13.2.      Please note that in the event that any keys issued are not returned at the end of your stay, then the cost of replacement will be charged to you.

13.3.      The internet connection is available (at no extra cost) subject to technical availability.  Please note that as with most rural properties, the Property benefits from “copper wire” broadband and may not be a speed that you are used to.

13.4.      The owners shall not be liable for any temporary defect or malfunction of any equipment, machinery or appliance in the building or grounds.

13.5.      All house contents, fixtures, fittings, furnishing, equipment, moveables and decor must remain in the property it was in at arrival and not be taken to another property.

14.         BBQ, log burner and firepit

14.1.      A gas barbeque will be available for your use.  Depending on season an external log burning fire pit may also be available for your use.  The house also has a log burner and a gas fire.   You will be responsible for the safe use of these items and for the safety of yourself and your party.  More detailed guidance on operating these items will be provided at the property, which you will be required to observe for your own safety and the safety of the property around you.

15.         Rural Location

15.1.      This property is privately owned and part of a working farm. We expect all guests to enjoy the facilities and treat the property and location with respect.  The property is located in a rural setting and is on a mains water and electricity supply, with private drainage.  Rural services are generally reliable but may be less reliable than urban properties.  In the event of failure we will endeavour to remedy as quickly as possible.  However, due to its location, this is a risk that all guests must accept, as we do ourselves in living in the countryside.

16.         Limitation of Liability

16.1.      Under no circumstances will the owners’ liability to you in terms of this contract or negligence exceed the sums paid by you to the owners (save for personal injury or death caused by the negligence of the owners).

17.         Termination and Complaints

17.1.      We reserve the right to terminate a holiday forthwith without compensation where the unreasonable behaviour of the persons named on the booking (or their guests) may impair the enjoyment, comfort or health of others, or the safety of the property.

17.2.      Any problem or complaint which the client may have concerning their holiday must be immediately reported directly to us/our representatives and we will endeavour to put matters right. Any complaints not reported to us at the time and only reported after the client has returned from holiday will not be considered by the Owner.

18.         General

18.1.      We reserve the right to make reasonable amendments or additions to these terms and conditions if required by us for the reasonable operation of the holiday service and will intimate these to you by email or post within 48 hours of doing so.

18.2.      If any part of these terms and conditions is an unenforceable provision in law or otherwise determined by any court to be unenforceable, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which shall remain in force as if the unenforceable provision had been eliminated.

18.3.      These terms and conditions, along with our pricing tariff and the terms and conditions of the card or BACS payment, represent the entire contract between the owner and you and will supersede all previous or other communications and understandings between the parties.

18.4.      This contract is governed by the Law of Scotland.


© These terms and conditions are subject to copyright Cowden Farm Holidays 2020

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