agency terms and conditions
The Hiring Contract is between the client and the owner of the property for which the booking is made, and is subject to the following conditions. Mackay's Agency act as agents for the owners and are not principals.
- Whilst Mackay's Agency (hereinafter called "The Agency") uses its best endeavours to ensure the accuracy of all information supplied and details of properties are given in good faith, no warranty is given as to their accuracy and it does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether verbally or in writing.
- The Agency acts only as agent for the owner of the property and can give no guarantee or warranty as to the state or condition of the property. The Agency will not be liable for any act, neglect or default on the part of the owner or any other person nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Client or any other person may suffer or incur.
- A deposit of £150 per holiday week is payable, or 35% of the rent if the booking value is £1000 or more. If the booking is made ten weeks or less before the commencement of the holiday, then the full rent should be paid at the time of booking. A £19 booking fee applies. If a booking cannot be accepted by the Agency, the full amount paid will be returned within 14 days. If a booking is accepted, the client becomes liable for the balance of rent for the full period of the holiday, which must be paid 10 weeks prior to the holiday. When the balance of the rent is paid, final details of the property, with routing and keyholder information, will be forwarded. Payments should be made by debit/credit card or by sending a cheque together with a completed booking form to the Agency. We incur charges from credit card companies when you pay by credit card and therefore a 2% charge will be made for each payment made this way.
- If a Client cancels a booking before taking up the holiday let, having given
due notice to the Agency in writing, the following terms will apply: If the
cancellation is for one of the reasons detailed below and appropriate
documentary evidence can be provided to support the cancellation, the Client
shall receive a full refund of any money paid for the holiday property (less
£45 and where applicable any personal travel protection premiums, booking fee,
amendment fees and credit card charges). To qualify for a refund your
reason for cancelling must be one of the following, must apply to a
member of your party, must have occurred after you booked your holiday
and must prevent your party from taking the holiday: - Illness (subject to
medical evidence of unfitness to travel), Death, Redundancy (provided
employment has been on a continuous basis with the same employer for at
least two years, Jury or Witness service (in a court of Law),
Cancellation of leave by HM Forces or Police Force, your home is
rendered uninhabitable due to fire, storm, flood, subsidence or
malicious damage. Where the reason for cancellation is not covered by one of the
above reasons or the client fails to pay the balance of rent due, a cancellation
charge will be payable as follows:
No. of days before holiday date
that notification is received
More than 70 days Full Deposit 29 - 70 days 50% of cost or full deposit,
whichever is greater
15 - 28 days 75% of cost 0 - 14 days 100% of cost
- When the Agency on behalf of the property owner issues a written confirmation to you, this signifies that the owner has entered into a contract with you, which is subject to these conditions. Should a Client cancel after the confirmation has been issued then this is treated as a booking on Clause 4 applies. Should the client wish to take an alternative property after a booking is made then this is treated as a cancellation of the initial booking and a fresh booking and further deposit will be required. Should a client wish to change the date of the holiday only and not the property, this may be possible at the discretion of the Agency. On this occasion there would be an administrative charge of £40.00 plus VAT. We are unable to change the holiday date less than 10 weeks prior to the original holiday.
- Mackay's Agency reserves the right to refuse accommodation either on its own account or on behalf of the owner. In no circumstances may the number of people occupying the property exceed the number stated in the brochure, unless agreed in advanced and in writing. if the composition of the party changes after the booking has been made, the Agency must be advised and agree to the change. The owner reserves the right to refuse entry or terminate the hire without notice if this condition is not observed, or refuse to hand over the property to any person who, in the owner's opinion, is not suitable to take charge. In such cases all liability of the agency and owner shall cease and the Agency shall not accept responsibility or liability for such refusal or termination.
- The Client agrees to keep the property and all the fitments, furniture, equipment and other contents in or on the property in the like state of repair and condition as at the commencement of the holiday let and will make good any damage, breakage or loss that may occur during the period of the holiday let. The property and all fitments, furniture, utensils and equipment etc., must be left in a clean and tidy condition at the conclusion of the period of the holiday let.
- Unless otherwise stated, up to a maximum of two pets are accepted. Pets must be under strict control and never left unattended in the property. Pets are not allowed on the chairs or beds and should be exercised outside the garden. Pet owners are responsible for any damage caused by their pet and for removing all dog hairs, etc, before leaving. The owner reserves the right to charge for any cleaning inside or outside the property made necessary by the pet. If a pet is taken to a property that does not accept them, the owner has the right to refuse entry.
- The rent of the property includes rates and telephone rental. The client will be responsible for all charges for gas, electricity, solid fuel and oil supplied to the property during the holiday let (unless the rent is inclusive to cover this) and for all telephone calls made during the holiday let. All properties are supplied with pots, pans, glasses, crockery, cutlery and blankets or duvets, but not linen and towels unless advertised.
- Holiday lets normally run from Saturday 4 p.m. to Saturday 10 a.m. unless specifically arranged and agreed otherwise.
- The use of facilities such as swimming pools or boats at any property is entirely at the client's risk. Occasionally such facilities may be withdrawn for maintenance or safety reasons.
- The booking is made on the understanding that the property is available to the Client on the dates stated. If for any reason beyond the Agency's control (e.g. fire, storm damage, illness, sale or withdrawal of property by the owner for any reason etc.) the property is not available on the date booked the Agency will use its best endeavours to provide alternative accommodation to the Client but cannot guarantee that such will be provided and if such cannot be found or is not suitable for the Client then all monies paid by the Client shall be returned in full. The Agency shall not be liable for any loss, expense, inconvenience or otherwise resulting from such unavailability or unsuitability and the client shall have no claim against them. The client shall advise the Agency within seven days of being offered alternative accommodation whether or not it is acceptable. If the alternative property is more expensive the agency reserves the right to charge the difference in cost.
- Confirmation of a booking by the Agency will be deemed to be an acceptance of these conditions and a confirmation of the details and conditions supplied at the time of booking. The Client warrants that he/she is authorised to agree to the Agency conditions, is acting on behalf of all persons including those substituted or added at a later date and must be one of the property occupants on each night booked. The Client is responsible for ensuring that all persons occupying the property comply with all the conditions in all respects. Any property occupied is strictly on the basis that the accommodation is for holiday use only and that no right to remain in the property after the end of the holiday period booked exists for the Client or for any other person or persons who occupy the property. All persons will vacate the property at the conclusion of the period of the holiday.
- Whilst the Agency does not accept any responsibility if the Client is not satisfied with the accommodation offered, the Agency may at its sole discretion take up the matter with the owner on the Client's behalf, based on the information in the "All you need to know" section, and only after the Client has given the property owner every opportunity to rectify the problem, and provided full details of the complaint are received in writing at Cairncross House, 25 Union Street, Edinburgh, EH1 3LR not later than 5 days after the commencement of the period of the holiday let. Under no circumstances will the Agency's liability exceed the rental paid for the property.
- No servant or agent of Mackay's Agency has any authority or right to modify any of these conditions or undertake any liability on behalf of the Agency, excepting only a Director of the Agency.
- Mackay's Agency do not warrant any statements, actings, or otherwise of the owner and liability for any acts, omissions, neglect or default etc. of the owner are not to be imputed to Mackay's Agency.
- The clauses of these Terms and Conditions shall operate on the basis that the terms and conditions and provisions thereof and likewise parts of such clauses and of such terms and conditions and provisions shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, 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. Nothing contained in the Terms and Conditions shall exclude the Agency from any responsibility or liability which they may have in law in so far as it is competently varied or excluded and these Terms and Conditions shall be read and construed accordingly.
- In these terms and conditions: (a) The expression 'the owner' shall mean the person(s) who have appointed and authorised the Agency to act as agents. (b) The expression 'the client' shall mean the person making the booking and all members of the rental party who have been accepted by the Agency on behalf of the owner.
- These Agency Terms and Conditions relate to the 2013 and 2014 seasons and cancel all previous Agency Terms and Conditions.