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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.

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