Terms of Booking

To make it easier to read these terms and conditions there are a number of further definitions which we use:

  • “Deposit” means a deposit of  25% of the total holiday accommodation cost (which includes any “extras” selected at the time of booking);
  • “Holidaymaker” means you and each person going on holiday with you on your booking;
  • “Owner” means the owner of the Property (RMJ Skye Limited)
  • “Property” means the holiday property you book. (La Bergerie)
  • “You” means the lead person making a booking with La Bergerie. (RMJ Skye Ltd)

When you make a booking with us you are confirming that you and every Holidaymaker understands, agrees and accepts these terms and conditions. Please read them carefully, particularly section 13 headed “Limitation of Liabilities and Legal”.

1. Contract and Booking

Bookings cannot be accepted from persons under 18 years of age.

The Property is to be used for the purposes of a holiday, and certain group bookings, including for stag and hen parties, may not be allowed unless special arrangements (including the possible requirement for a safety deposit) are made with the Owner.

No bookings are valid until confirmed by us in writing (including by email).

Once a booking is confirmed it cannot be changed by you, unless agreed by the Owner, . If we  agree to make requested changes to your booking (for example, changing the lead booker and/or the dates of your holiday) you may be required to pay an administration charge.

2. Deposits, Balance Payments and Holiday Insurance

If you make a booking more than 6 weeks before the holiday date you will be required to pay a 25% Deposit when making the booking and the balance will be due no later than 6 weeks before the holiday is due to start.

If you make a booking within 6 weeks of the start of the holiday you will be required to pay for the holiday in full at the time of booking.

You may wish to take out a 3rd party holiday insurance cover with a provider of your choice.

We reserve the right to cancel your holiday and re-let any holiday where any payment due is more than 7 days’ late. In these circumstances you will not be entitled to any refund.

The Deposit is non-refundable unless we are unable to accept or honour the booking if the Property is unavailable at the time of the holiday.

3. Owner unable to make the Property available

If the Owner cannot make the Property available to you for your arranged booking period we will arrange a full refund of all amounts you have paid towards the accommodation cost. The Owner will not be responsible to pay any compensation or expenses as a consequence of such an event.

4. Guest Cancellations

If you cancel prior to the holiday arrival date you may be due a partial refund if we are able to re-let the property on the date of your original booking, subject to any administration charge.

For the avoidance of doubt the Deposit is non-refundable in all circumstances when you cancel a holiday, unless section 3 applies.

If you wish to transfer your booking to another party the full amount of the holiday will be required at the time of transfer.

5. Holidaymakers’ responsibilities

You will ensure that you and all Holidaymakers will:

  • act responsibly and carefully whilst at the Property, abiding by any property specific house rules and leave the Property, and all things in or at it, in the same state of repair and cleanliness as at the start of the holiday;
  • report to the Owner any damage or breakages made during the holiday occupancy and pay for damage (wear and tear accepted);
  • not smoke at the Property nor allow anyone else to smoke at the Property;
  • not allow any pets either in or outside the property;
  • not allow more than the maximum number of people (6) to stay at the Property as stated on the Website;
  • at all times comply with any applicable laws and local or Government guidance, and ensure that no Holidaymaker or their guests (if allowed at the Property) do anything which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance;
  • not enter the Property before the stated arrival date and time and will leave the Property before the stated departure date and time;
  • treat other people, neighbours with respect and not act in a way which is abusive, violent, destructive, menacing, or harassing in any manner, this includes any member of the community in which the Property is situated.
  • secure the Property (including all windows and doors) whenever leaving the Property.

We the Owner, will be entitled to make a reasonable charge where Holidaymakers have failed to comply with these responsibilities. At the Owner’s discretion, in serious cases, Holidaymakers will be asked to leave the Property early and immediately on demand without any compensation or refund.

6. Owner’s responsibilities

We the Owner will ensure that:

  • the Property is cleaned and ready for the Holidaymakers by the stated arrival date and time;
  • suitable arrangements are made for you to access the Property;
  • We can be easily contacted at reasonable times and will provide you with an alternative first point of contact should you have any concerns or queries during your stay;
  • We the owners of the Property, comply with all applicable local laws and regulations (including health and safety regulations);
  • adequate liability insurance is in place in respect of the Holidaymakers’ stay; and
  • all Holidaymakers will have exclusive access to the Property for the duration of the holiday. All  Holidaymakers will allow the Owner or any representative, to access to the Property, including access to the owner’s outbuildings and croft to the rear of the property.

The Owner will not be responsible, nor liable to you (or any Holidaymakers), for any events outside the Owner’s reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances.

We accept no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which we have no control, except to the extent such personal injury or death is caused by our negligence or wilful default.

7. Pets

We regret that pets are not allowed at La Bergerie.

8. VAT

We the owners are not registered for VAT.

9. Literature and descriptions/amenities

We have compiled the information on our Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside our control, in which case we cannot accept responsibility.

We make every effort to ensure that the Property details supplied are accurately reproduced and that the pricing and availability of the Property is correct. Mistakes may occur from time to time, and we reserve the right to rectify errors (including any pricing errors) within 5 business days of you making your booking.

Where Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for leisure, not business, purposes.

Electric vehicles are becoming increasingly common but unfortunately we do not offer designated vehicle charging points at La Bergerie and our electrical infrastructure is not adequate to do so.  It is recommended you check prior to booking where the nearest designated charging points are located.

Confirmation should be requested prior to booking if there is any particular detail or facility that is important to you. When you make a booking the Holidaymakers accept that minor differences between text/photographs/illustrations  on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to a Holidaymaker’s standards.

10. Complaints procedure

If you have any complaint concerning the Property, the matter should be taken up with us the Owner. We the Owner should do our best to resolve your complaint, where possible. It is important to raise any complaint while you are still at the Property.

11. Communication with you and data

As part of a booking we may introduce Holidaymakers to the goods and/or services of third parties. We shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the relevant Holidaymaker.

All electronic data transferred pursuant to these terms and conditions remains our property and may not be replicated in part or whole without our prior written permission. Electronic data will not be preserved indefinitely by us.

12. Limitation of Liabilities and Legal – Please pay particular attention to this section

The contract to occupy the Property is made on the basis that the Property is to be occupied by the Holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions).

When making a booking, you acknowledge on behalf of all Holidaymakers that the tenancy granted by these terms and conditions is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

Once you have made a booking there is no “cooling off” period as the contract you have made is for accommodation services for a specific period of performance. You can see further details in the section “When you don’t get 14 days to cancel” on the citizen’s advice bureau website here.

We accept no responsibility for personal injury to, or death of, Holidaymakers or anyone they invite to the Property, or loss of or consequential loss or damage to their property, or for other matters over which we have no control.

If either you or us the Owner fail to comply with these terms and conditions you or the us the Owner will be liable (only) for losses which are a foreseeable consequence of the failure to comply with the applicable terms. Losses are foreseeable where they were contemplated by you and the Owner at the time you made the booking.

Nothing in these terms and conditions will limit us the Owner’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused us the Owner’s negligence or the negligence of our agents or subcontractors, or for fraud or fraudulent misrepresentation.

Any dispute, claim or other matter which may arise in relation to your booking will be governed by Scottish law and you agree that any dispute will be dealt with exclusively by the courts of Scotland.