1. Your booking
All bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by Kintyre Cottages. for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When Kintyre Cottages. issues a written confirmation to you, this signifies that Kintyre Cottages. has entered into a contract with you, which is subject to these Conditions. Kintyre Cottages. has the right to refuse any booking prior to the issue of your written confirmation, and if Kintyre Cottages. does this, we will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, please tell us immediately.
2. Paying for your property
When you book your property you should pay the amount by sending a cheque (payable to J & M Turner). Providing the booking can be confirmed, Kintyre Cottages. will then send written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by them no later than 8 weeks before your arrival date at the property. However, if you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid by cheque or bank transfer, at the time of booking.
All prices quoted in the web site include Value Added Tax.
3. Cancellations or changes to your booking by Kintyre Cottages
Kintyre Cottages. do not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, Kintyre Cottages. will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, Kintyre Cottages. will, if possible and as soon as reasonably practical, offer the party leader an alternative property (from the range advertised by Kintyre Cottages). Obviously, if the alternative property is advertised at a lower price, you will receive a refund (if you have already paid the balance of your total holiday cost) of the price difference. If you do not wish to accept a significant change or any alternative property offered or Kintyre Cottages. cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to Kintyre Cottages. So as to keep any period of uncertainty to a minimum, the Kintyre Cottages. will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell Kintyre Cottages. as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell Kintyre Cottages. that you wish to accept any change or alternative property then Kintyre Cottages. is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to them. Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from “force majeure” (please refer to Section 4 below) or where you have refused, without good reason, to accept an alternative property you have been offered. Please note, no compensation is payable for minor changes. Such minor changes do not entitle you to take an alternative property or to cancel without paying the normal charges as set out in these Conditions. A minor change is a change which, taking into account the information you gave at the time of booking or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed booking.
4. Circumstances beyond the control of Kintyre Cottages.
Except where otherwise expressly stated in these Conditions, Kintyre Cottages. shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by Kintyre Cottages. to perform or properly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of, Kintyre Cottages. (referred to as “force majeure” in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure) Kintyre Cottages. will, however, refund to you all monies paid to them by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/accommodation) will be payable in such circumstances by Kintyre Cottages.
Kintyre Cottages. & Kildalloig Estate shall have no liability for any death or personal injury. You must take all necessary steps to safeguard your personal property. No liability is accepted by Kintyre Cottages. & Kildalloig Estate in respect of damage to, or loss of, such personal property.
6. If you change or cancel your booking
If you want to change your booking once your confirmation has been issued, an administration fee of £25 will be payable to Kintyre Cottages. once any change has been made. However, it is important to realise that a change of property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking.
If you have to, or wish to, cancel your booking, the party leader must telephone Kintyre Cottages. on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing. Depending on your reason for cancellation, you may receive a refund of all monies you have paid to Kintyre Cottages. for you booking. Note: All prices are for the entire property and not on an individual basis. To qualify for a refund your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your holiday and must prevent you from taking your holiday. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth before or within 14 weeks of the arrival date home -Illness/ Pregnancy (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 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following – Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your holiday or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your holiday cottage due to snow or flood conditions or as a result of being involved in an accident en route (N.B. This only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from either the Police, RAC or AA). Although a refund is available in these circumstances you may prefer to delay your arrival. In these cases, a 25% refund is available for each 24 hour delay up to a maximum of 72 hours – 75% (For short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours). You will be asked to complete the Kintyre Cottages. Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which Kintyre Cottages. may request further information from a third party.
The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to. Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above e.g. dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc., a cancellation charge will be payable, based on the number of days before the arrival date at your properties that the Company receives notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total holiday cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of this table, cost means the total cost of the booking.
|No. of days before arrival date that notification of cancellation is received
|More than 56 days
||Full Deposit (including any Balance of Deposit due)
||50% of cost or Full Deposit (including any Balance of Deposit due), whichever is the greater
||75% of cost
||90% of cost
|On arrival date or later
If any payment due in relation to your booking is not paid by the appropriate date, Kintyre Cottages. is entitled to assume that you wish to cancel your booking. In this case, Kintyre Cottages. will be entitled to keep all deposits paid or due at that date. Kintyre Cottages. normally sends out a reminder to you before your booking is cancelled. If Kintyre Cottages. does not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause above depending on the date Kintyre Cottages. reasonably treats your booking as cancelled.
(iii) Curtailment of your holiday
A refund as set out above is also available if your holiday is cut short for any of the qualifying reasons set out in (ii) above. In this case, you will be reimbursed for the appropriate proportion of the holiday charge. This only applies if the property is vacated by all persons in your holiday party. Where your holiday is curtailed for medical reasons affecting any persons in your party, you will need to produce a certificate from a local doctor, confirming the necessity of returning home.
7. Your property
You can arrive at your property after 3.00pm on the start date of your holiday rental and you must leave by 10.00am on the last day. If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact Kintyre Cottages. so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on the location guide of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation. You and all members of your holiday rental party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your holiday rental party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by Kintyre Cottages. You are responsible to Kintyre Cottages. for the actual costs of any breakage or damage in or to the property – along with any additional costs that may result – which are caused by you and/or any members of your holiday rental party, and Kintyre Cottages. can require payment from you to cover any such costs. Kintyre Cottages. is entitled at their sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if Kintyre Cottages. reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and Kintyre Cottages. will not have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, Kintyre Cottages. is not under any obligation to find any alternative accommodation for you. You must not allow more people than the web site states to occupy the property, neither can you significantly change the composition of the holiday rental party during your occupation of the property, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, Kintyre Cottages. can refuse to hand over the property to you, or can repossess it. If Kintyre Cottages. does so, this will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and Kintyre Cottages. will not have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, Kintyre Cottages. is not under any obligation to find any alternative accommodation for you. If you take a pet with you, it is not allowed on beds or chairs, or in any communal facilities. Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of the property including the garden. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this web site/brochure even where the property description states that pets are not allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or hearing dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present. You must allow Kintyre Cottages. and representatives of Kintyre Cottages. (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time – in these situations Kintyre Cottages. is entitled to enter the property at any time without giving you prior notice).
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint Kintyre Cottages. are anxious that remedial action is taken as soon as possible. It is essential that you contact Kintyre Cottages. immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless Kintyre Cottages. is promptly notified. Discussion of any criticisms with Kintyre Cottages. whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.
9. Your rights
Your statutory rights are not affected by anything contained within these Conditions.
10. This web site
The information given on this web site is given in good faith. We reserve the right to make changes in the interests of improvement.
All links to external websites are provided for interest only, we can not be held responsible for the content of these websites.