Terms & Conditions
OWNER RENTAL
AGREEMENT THIS AGREEMENT is made between:-
1. Atholl Palace Lodges having its registered office at The Atholl Palace
Hotel Pitlochry, Perthshire PH16 5LY (the "Company"); and
2. The "Occupier" WHEREAS
The Occupier wishes to use the Owner's property (the "Property") for
the occupancy period (the "Occupancy Period") details of which are
set out in the Schedule, on the terms set out in this Agreement.
1. Scope of Licence
This Agreement relates only to the Property and Occupancy Period.
A contract will be formed between the parties in respect of the rental of the
Property only once this Agreement has been signed by or on behalf of the
Company and the Occupier and has been returned to the Company, the Company has
received the initial 20% payment referred to in Clause 5 and additionally the
Company has issued a booking confirmation notice to the Occupier.
2. Arrival/Departure Times
The Occupancy Period commences at 4 pm on the day of arrival and terminates
at 10 am on the day of departure.
3. Occupancy
The Property is licensed to the Occupier on the express condition that no more
than the maximum number of persons as indicated in the Schedule shall use it.
4. Care of Property
The Occupier agrees to take good care of the Property and to leave it clean and
tidy and will be responsible for any breakages and items missing from the
inventory, or any other loss or damage occurring at or to the Property, during
the Occupancy Period. The Occupier will be required to pay for any
such loss, damage, breakages or missing items and any cleaning (other than
normal cleaning) which is required following departure.
The Occupier is responsible for the behaviour of all persons who may be
resident in (or otherwise in) the Property during the Occupancy Period and for
the condition in which the Property is left at the end of the Occupancy Period.
1. The
Property shall be used for a holiday home only and shall not be occupied at any
time by more than the maximum number of people stated in the Schedule.
2. The Property shall not be used in such a way as to cause annoyance or a
nuisance to any other person nor to the occupants of any other property or land
nor for any illegal or immoral purpose or for any trade or business.
3. No inflammable or explosive material shall be stored or placed in or
close to the Property.
4. No dirt, rags, oil or similar material shall be put in any baths, sinks,
lavatory or pipe of the Property.
5. All arrangements made from time to time by the management of the
complex for disposal of refuse shall be observed. In particular no
carpets, dusters or other objects shall be shaken from the windows or doors of
the Property and no dirt, rubbish, rags or food shall be thrown out of any
window or door.
6. Washing or other articles can be hung in the areas designated for such
purposes but must not be hung in any other place.
7. No bird or animal including cats and dogs (except for guide dogs) may
be kept in the Property.
8. Only the curtains and blinds supplied in the Property shall be used to
cover or obstruct the windows of the Property.
9. Hi-Fis, television sets, musical instruments and similar equipment must
be used in such a way as to cause no annoyance or disturbance to any person or
occupants of other properties. In particular the volume on all equipment
and the voices of occupants should be controlled so as not to be audible
outside the Property between
10 p.m. and 9 a.m.
10. Halls, staircases, paths and roads within or upon the grounds must not
be obstructed or be used for any purpose except access to and egress from the
Property and the facilities of the complex. Cars must be parked only in
designated parking areas for the Property.
11. No firearm, shotgun, crossbow or air weapon shall be brought onto the Complex
without the written permission of the Management of the Complex first having
been obtained and in no circumstances shall any such weapon be kept in the
Property.
12. No bird, animal, reptile or fish which may be upon the Grounds shall
be harmed or taken or attempted to be harmed or taken by any means whatsoever.
13. Occupants shall not harm, taking cuttings from, pick or remove any
plant, tree, shrub or flower which may be upon the Grounds.
14. Occupants shall not swim in the lakes, ponds and streams that may be found
upon the Grounds.
15. No articles may be thrown into any lake, ponds or streams that may be
found upon the Grounds.
16. No willful injury to the Property, its furnishings, fittings, contents
or decorations or the facilities that may be provided upon the Grounds and
Complex is permitted.
17. All defects or wants of repair that may be noticed in the Property or
the furnishings, fittings, contents or decorations thereof must be reported
immediately to the Company and no attempt to repair the same shall be made
other than by the Company or persons authorised by it.
18. No litter of any sort shall be left lying upon the Grounds and Complex
except in the receptacles provided for such purpose.
19. The use of illegal drugs of any sort whatsoever in the Property or
upon any part of the Grounds and Complex is strictly prohibited.
20. No sign, notice, advertisement, power, billboard hoarding or placard
shall be placed, fixed or exhibited upon any part of the Property or the
Grounds and Complex.
21. No smoking is permitted within the Property.
5. Payment
Payment of 20% of the Accommodation Fee stated in the Schedule must be paid at
the time of booking and is a condition of this Agreement. No bookings can
be confirmed until this Agreement together with the first instalment of the
Accommodation Fee has been received by the Company.
The remaining 80% of the Accommodation Fee must be paid no later than eight
weeks prior to the commencement of the Occupancy Period. In the event of
bookings made within eight weeks of the commencement of the Occupancy Period,
payment of the entire Accommodation Fee is required as a condition of booking.
Payment of the Accommodation Fee may be made by cheque, banker's draft, credit
or debit card.
If the balance of the Accommodation Fee is not received by the due date, the
Company will assume that the Occupier has cancelled its booking and may seek to
re-let the Property.
In the event that a cancellation by the Occupier has occurred or is assumed by
the Company to have occurred, then if the Company has successfully re-let the
Property the Company will refund to the Occupier an amount equal to the excess
of (a) the total sums paid by the Occupier at the time of cancellation plus the
total sums received in respect of the re-let of the Property, over (b) the
total amount originally payable by the Occupier in respect of this
Agreement. Subject to the foregoing provisions of this paragraph, the
sums payable hereunder are not refundable in the event of cancellation by the
Occupier (regardless of the reason for cancellation).
The Occupier must also as a condition of this Agreement provide credit or debit
card details upon arrival and all additional sums (including for the avoidance
of doubt any sums due under Clause 4 above in respect of loss, damage,
breakages, missing items or cleaning) due by the Occupier under this Agreement
will be charged to such credit or debit card. By its execution of this
Agreement the Occupier specifically authorises the Company to charge such
additional sums to such credit or debit card without obtaining any further
authorisations or signatures.
6. Hotel
and Leisure Facilities
The Occupier and other persons occupying the Property under this Agreement will
be entitled during the Occupancy Period to use the same golf, hotel and leisure
facilities as would otherwise be available to the Owner during the Occupancy
Period. Further details of these are set out in the Schedule.
7. Linen
Linen and towels are supplied as part of the inventory of the Property.
8. Services
The costs of any electricity consumed is included within the Accommodation
Fee. All telephone charges must be paid for in addition by the Occupier.
9. Liability and Responsibility
The Company does not accept any liability in respect of loss or damage to
the Occupier or any other occupier of the Property, their property, baggage,
car or contents, save to the extent that such loss or damage arises as a result
of the negligence of the Company or the Owner or their respective employees,
agents or sub-contractors.
Neither the Company nor the Owner accepts responsibility for any lost property
left behind at the end of the Occupier's period of occupation. The
Company will make reasonable efforts to return lost property but this will be
at the Occupier's sole cost and expense.
10. Access
The Company shall be allowed access to the Property at any reasonable time for
essential maintenance or required inspections. Wherever possible, this
will be by prior arrangement with the Occupier.
11. Cancellation by the
Company/Owner
In the unlikely event that the Property becomes unavailable due to reasons
beyond the control of the Company the Occupier will be offered alternative
accommodation of at least equal standard where reasonably practicable.
Should this not be acceptable to the Occupier or if no alternative is
available, all monies will be returned in full and the Company shall not be
under any further liability to the Occupier.
12. Data Protection
12.1. Any
personal information or details provided by the Occupier to the Company shall
be treated and kept in confidence and will not be provided to anyone outside
the Company's group of companies and its professional advisers. Any personal
information or details provided by the Company to the Occupier, shall be
treated and kept in confidence and will not be used except for the purpose of
licensing the Property in accordance with this Agreement. The Occupier shall
advise the Company as soon as reasonable practicable of any change to the
Occupier's details as set out above.
12.2. Personal information provided by the Occupier may be used by the
Company or its group companies for future promotional mailings in relation to
the Atholl Palace Lodges, Atholl Palace Hotel and new products or services
which may be of interest to the Occupier. If the Occupier initially
agrees to receive such information, but later does not wish to receive such
information, the Occupier may unsubscribe at any time by notifying the Company
at the address set out above.
13. General
13.1. The
Occupier may not assign or subcontract its rights or obligations hereunder.
13.2. This Agreement contains the entire agreement between the parties
with respect to the subject matter hereof, supersedes all previous agreements
and understandings between the parties with respect thereto and may only be
modified by written agreement between the parties.
13.3. The Company enters into this Agreement solely as specified in the
Schedule hereto.
13.4. This Agreement constitutes only a licence to occupy the Property and
does not constitute a lease.
13.5. This Agreement shall be subject to Scots law and the parties submit
to the non-exclusive jurisdiction of the Scottish courts.
Schedule
1) The Atholl Palace Hotel External sports facilities may be used on the
following terms:-
i) The Occupier may use the Pitch and Putt without charge;
The following conditions apply:-
i) The Atholl Palace Hotel retains the right to control capacity. Thus the
Course may not always be available for use;
ii) The Atholl Palace Hotel's normal rules and regulations regarding use of the
Course are to apply.
2) The leisure facilities in The Atholl Palace Hotel may be used on the
following terms:-
i) Two persons per bedroom in the Property may use those leisure
facilities without charge;
The following conditions apply:-
i) The Atholl Palace Hotel retains the right to control capacity. The
leisure facilities or parts of them may not always be available for use;
ii) The Atholl Palace Hotel's normal rules and regulations relating to use
of the leisure facilities are to apply;
iii) Charges for certain facilities or treatments may be raised from time
to time, in accordance with The Atholl Palace Hotel's policy for the leisure
facilities.
3) The Atholl Palace Hotel may provide other facilities to the Occupier
from time to time, whether by substitution of other facilities of a similar
quality or otherwise. These rights may be exercised having regard to reasonable
rules and regulations imposed by The Atholl Palace Hotel for the benefit of all
users from time to time.
