(FOR A HOLIDAY LET OF FURNISHED PROPERTY)
The Landlord
NAME OF LANDLORD: Daria Meikle
NICKNAME: Aria
ADDRESS OF LANDLORD: 107 East Main Street, Uphall, Scotland EH52 5JA
The Tenant:
The person who has made the booking and is responsible for the entire reservation, including the conduct of all guests and the safety of the property.
The Subjects
13YardHeads, Tweedmouth, Berwick-upon-Tweed, TD15 2HA, together with the fixtures and fittings and the effects set out in the Inventory.
Duration:
The duration of the tenancy is as specified on the reservation details. The tenancy begins after check-in at 4:00 PM (or at an alternative time if agreed in writing) and expires at check-out at 11:00 AM (or at an alternative time if agreed in writing). The End Date is the check-out day, after which a check of the property's inventory and maintenance will be conducted.
The Rent
The rent for the duration of the stay is a single 100% payment made in advance, as per the booking information.
Method of Payment
All payments and refunds will be processed online as per the booking platform's instructions.
The Deposit
The deposit shall be £250 (the “Good Housekeeping Bond”). A pre-authorisation of £250 is held 1 day before arrival and voided 5 days after departure. This bond is held as security towards the Tenant's liability for any damage to the Subjects, any additional cleaning, and any other sums that may be due from the Tenant to the Landlord under this Agreement.
The Inventory
The Inventory means the list of the Landlord's possessions at the Subjects.
1. Terms and Conditions 1 General
1.1 In this Agreement, any reference to the masculine includes the feminine.
1.2 This Agreement is made on the basis that the Subjects are to be occupied by the Tenant for a holiday as mentioned in the Private Housing (Tenancies) (Scotland) Act 2016, Schedule 1, paragraph 6 and not as the Tenant’s principal home. The Tenant further acknowledges that this Agreement shall not confer on the Tenant any security of tenure within the terms of that Act.
1.3 Where the Tenant comprises one or more persons, obligations, expressed or implied, are deemed to be made by such persons jointly and severally.
2. The Subjects
The Subjects are the Subjects specified above, together with any outside space, facilities (hot tub, garden furniture, etc) or garden.
3. Cancellation Policy
3.1 Guests who cancel at least 31 days before check-in will receive a 100% refund of the amount paid.
3.2 A 50% refund will be issued for cancellations made between 14 and 30 days before check-in.
3.3 For cancellations made less than 14 days before check-in, the amount paid is non-refundable.
4. Insurance
4.1 At all times throughout the Term, the Landlord shall effect suitable building insurance cover for the Subjects and shall insure the Landlord's fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
4.2 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance obtained by the Landlord for the Subjects and the Landlord's fixtures, fittings, and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
5, Peaceful Possession
The Landlord agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Subjects.
6. Sublets
The Tenant must not assign, sublet or part with or share possession of the Subjects or any part of it. In particular, the Tenant shall not create a sublease which may constitute a Private Residential Tenancy, whether by way of acceptance of rent or otherwise. If the Tenant acts in contravention of this clause, such an act shall be deemed a material breach of contract, which will allow the Landlord to terminate this lease forthwith. The Landlord will also be entitled to claim from the Tenant any damages or losses caused as a result of the creation of a Private Residential Tenancy in breach of this clause.
7. Use of Property
The Tenant shall use the Subjects for a private holiday residence for a maximum of 11 persons only and not for any other purpose whatsoever, and the Tenant must not use the Subjects or any part of it for any improper, immoral or illegal purposes.
8. Advertisements
The Tenant must not display notices or advertisements in the windows or elsewhere on the Subjects.
9. Nuisance
The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.
10. Damage
The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Subjects or adjoining property.
11. Alterations to Property
The Tenant shall not (nor allow others to) make any alterations or additions to the Subjects or their decorations, fixtures or fittings, and the Tenant shall not (nor allow others to) remove any of the items specified in the inventory or any of the Landlord’s possessions from the Subjects.
12. Maintenance
12.1 The Landlord accepts Statutory responsibility for maintenance and repair or if necessary replacement of - basins, sinks, baths and other sanitary installations within the premises; installations for supplying water, gas and electricity including drains, pipes, taps and cisterns; and all heating installations including the hot water supply, the central heating system and any other fixed space heating and central heating systems including fixed electric and gas fires in the premises. The Landlord will be responsible for arranging repairs to any of the foregoing items which may become defective during the period of the tenancy as soon as reasonably practicable after the defect has been notified to the Landlord. The Tenant shall not be entitled to reduce or withhold any rent payment in the event of damage to or breakdown of any installations or equipment in this Clause. If the need for maintenance, repair or replacement of any of the foregoing installations or equipment is caused directly or indirectly by the Tenant's negligence, misuse or carelessness, then the Tenant shall be responsible for the cost of making good the defect.
12.2 Subject to Clause
12.2.1. The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition and must replace any damaged fixtures, fittings and effects with similar articles of at least equal value, reasonable wear and tear and damage by accidental fire excepted.
12.3 The Tenant must not move any items of furniture from room to room in the Subjects and must replace in its original position any furniture that is moved within rooms.
12.4 The Tenant must keep free from all blockages and obstructions to all baths, sinks, lavatories, cisterns or pipes.
13 Utilities
The Landlord must pay all charges for gas, electricity, water, and sewerage supplied to the Subjects during the Term, and any rates or taxes levied in respect of the Subjects.
14 Pets
The Tenant shall be allowed to bring one well-behaved dog, with the express permission of the Landlord and upon payment of the agreed pet fee of £25 per pet. Any pets permitted must be kept under strict control at all times and must not be left unattended in the Subjects. The Tenant will be responsible for all damage caused by the pet.
15 Reporting Defects
The Tenant must report to the Landlord any disrepair or defect in respect of the Subjects or the fixtures and fittings, and report any failure of mechanical or electrical appliances.
16 Rights of Access
The Tenant must allow the Landlord or Landlord’s contractors access to the Subjects at reasonable hours during the day, to inspect the condition of the Subjects or to carry out repairs or other works to the Subjects that may be necessary during the Duration pursuant to the Landlord's repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant's breach of any obligation contained in this Agreement regarding repair, maintenance or decoration. The Landlord shall normally give at least 24 hours' notice, but the Tenant shall give immediate access in an emergency.
17 End of the Duration
The Tenant must vacate the Subjects at the end of the Duration, and the house should be left in good condition, without damage or excessive mess.
18 Irritancy
If at any time during the Duration:
18.1 The booking is not confirmed due to non-payment of rent; the contract for this rental will not be in effect.
18.2 there is a breach of any other of the Tenant's obligations under this Agreement, or
18.3 The Subjects are left unoccupied for more than 14 days continuously other than by prior agreement with the Landlord, then the Landlord may recover possession of the Subjects and this Agreement shall end, but without prejudice to any of the Landlord's other rights and remedies in respect of any outstanding obligations on the part of the Tenant.
19 Hot Tub and Outdoor Facilities
19.1 The hot tub is provided for a safe and enjoyable experience and is to be used at the Tenant's own risk. The Tenant must strictly follow the rules provided by the Landlord.
19.2 Hot Tub Rules:
19.3 The Tenant shall be responsible for any damage to the hot tub or its equipment resulting from misuse, including but not limited to introducing foreign objects, chemicals, or substances into the water.
19.4 The Tenant must not allow pets in the hot tub.
19.5 The Tenant must report any issues with the hot tub water or equipment to the Landlord immediately.
19.6 Access to the hot tub is only available when the entire house is booked.
20 Open Fireplace Safety
20.1 For safety reasons, the open fireplace must be used with extreme caution. The Tenant uses the fireplace at their own risk.
20.2 The Tenant must only burn logs provided by the Landlord and never use accelerants, household rubbish, or any other materials.
20.3 The fire guard must be in place at all times when the fireplace is in use and children and pets are present in the room.
20.4 The fire must be completely extinguished before the Tenant leaves the property or goes to bed.
20.5 The Tenant will be responsible for any damage to the fireplace or property caused by improper use or unfollowing the above safety rules.
21 Safety Regulations & Property Specific Information
The Landlord confirms that the gas and electricity supplies, the appliances and the furniture and furnishings within the Subjects comply with the Gas Safety (Installation & Use) Regulations 1998, the Gas Safety (Management) Regulations 1996, the Furniture and Furnishings (Fire) Safety Regulations 1988 and the Electrical Equipment (Safety) Regulations 1994. The Landlord will send fire safety information to the guests, and it is the guests' responsibility to carefully read the instructions and, in case of a fire, follow the recommendations.
Important Fire Safety Information
Fire Safety Protocol:
Please also note the following:
22 Agreement & Notices
This Agreement is accepted and agreed to by both the Landlord and the Tenant upon the successful completion of the online booking process. The electronic confirmation of the booking serves as the full and binding acceptance of all terms and conditions outlined in this document. This agreement will be sent to the guest by email, OTA messenger, or any other method provided by the booking system or the Tenant.
All formal notices under this Agreement can be hand-delivered or sent by registered post. However, for digital correspondence, notices to the Tenant should be sent to the property address or their email/fax number provided during booking, while notices to the Landlord should be sent to the address, email, or fax number provided by the Landlord.