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Terms Of Use

BOOKING TERMS AND CONDITIONS

As a consumer, you have legal rights in relation to your holiday at Balquhidder Mhor if it is not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

1. Payment

If the arrival date of your reservation is more than 45 days later than the date on which you make the booking, we will request a deposit equivalent to one nights duration of your stay.

The balance of the payment for your holiday will be requested 45 days before the start of your stay. We will send you a reminder by email.

If we do not receive the full payment from you seven weeks prior to your arrival date, we will treat this as a cancellation of the booking and you will forfeit the total cost of any payments made to date.

For all bookings received within 8 weeks of your holiday start date, full payment is due at the time of booking.

Payment for bookings can only be made online by Paypal, Debit or Credit Card – unfortunately we cannot accept any other form of payment.

2. Cancellation and changes to your booking

Changes made by you If you want to amend your booking, please notify us as soon as possible.

Amendments to your booking can be made up to 28 days prior to the start date of your holiday, subject to availability.

We reserve the right to charge an administration fee of £20.

Cancellation by you

If you want to cancel your booking, you must notify us as soon as possible and confirm this in writing (by letter or email).

Provided the written notice of cancellation is received by us not less than 4 weeks before the start date of your holiday, only the deposit will be forfeited.

If we receive less than 28 days notice, you will be liable to pay the total cost of the holiday.

Cancellation by us

We reserve the right to cancel your holiday. In the unlikely event of us having to cancel your holiday (except where you have failed to make full payment on time) we refund all monies paid to us.

Please note that any refunds due can only be made by the original payment method.

3. Who we are

Balquhidder Mhor is a sole trader. Contact us at Balquhidder Mhor, Balquhider Braes Holiday Park, Lochearnhead, FK19 8NZ.

4. How these terms and conditions apply to our contract.

We consider these terms and conditions (the "Terms"), together with your request for booking, our price list and our booking confirmation set out the entire agreement between you and us for the supply of our services to you (“Contract”). We intend to rely upon these Terms in relation to the Contract between you and us.

Please note that by submitting a Booking Request, you and all members of your party agree to be bound by these Terms. This does not affect your statutory rights as a consumer. You should print a copy of the Terms for future reference.

Please also ensure that you have checked that the details in your Booking Request are complete and accurate before you commit yourself to the Contract.

If you think that there is a mistake in either the Terms or the Booking Request and a change is required, please make sure that you ask us to put this in writing. This can help avoid any problems about what you expect from us and what we expect from you.

We reserve the right to change these Terms at any time and any such changes will apply in relation to any new Bookings Requests submitted and made after the changes are posted on the website.

Please read the Terms each time you submit a Booking Request to ensure you understand the Terms which will apply at that time as submission of a Booking Request shall signify that you have accepted to be bound by the latest set of Terms.

5. Making a Booking

How to make a booking

In order to submit a Booking Request, you will need to complete a booking form on the website.

The booking form process allows you to check and amend any errors before you submit the Booking Request to us.

Please take the time to read and check your booking at each stage of the booking process, as it is your responsibility to provide us with the correct information.

After you submit a Booking Request, you will receive an e-mail from us acknowledging that we have received your Booking Request.

Please note neither that the submission by you of the Booking Request nor our acknowledgement of receipt e-mail means that your Booking Request has been accepted.

Payment & Deposits

- For Arrival Dates within 45 days from the booking date, you will be requested to pay the full amount to confirm your booking.

- For Arrival Dates later than 45 days, you will be requested to pay a deposit. We will send a reminder to you to pay the balance 8 weeks before your Arrival Date.

- The balance must be paid within 40 days of your Arrival Date otherwise your reservation will be cancelled forfeiting your deposit.

Cancellations
- Provided that you give us at least 28 days notice of a cancellation in writing (email or post), we will refund any payments you have made, less the deposit.

- For cancellations made within 28 days of your Arrival Date, unfortunately, you will forfeit all monies paid. We will try to re-schedule subject to availability.

Our acceptance of your Booking Request is at our absolute discretion and will only take place once we issue a email confirmation accepting your Booking Request.

This confirmation shall signify that we have accepted your Booking Request, subject to these Terms. At this point a Contract shall come into existence between you and us on these Terms.

Subject to any enduring conditions, the Contract will last until you and your party leave our Site.

Conditions of booking

By making a Booking Request you confirm that:

• you are over 18;

• you have the authority of all persons in your party to book on their behalf

• if the booking being made does not include yourself that there is at least one person in your party that is at least over 18 at the time of the stay;

• you accept these Terms

• you agree that you will be responsible for any loss or damage caused by you, any member of your party accompanying you.

Our Contract binds you, (the person named on the booking confirmation) and all members of your party, including children and any day visitors. You must ensure that all members of your party are aware of, and accept these Terms. Our Contract continues until the last member of your party has left the Site, including any extension to your stay and for such time afterwards as may be necessary.

Please note that we cannot permit a transfer of a booking to another person or party. The existing booking will need to be cancelled in accordance with the terms as set out within this document and a new booking made.

The maximum number of people occupying your accommodation must not exceed the number shown in the lodge.

Booking duration

Bookings are subject to minimum stay requirements, according to the type of break that you choose. Our cabin can be booked either for a 3 night weekend (Friday to Monday), 2 night weekend (Friday to Sunday or Saturday to Monday), 4 night midweek (Monday to Friday), 3 or 2 night midweek or a full week stay (starting any day of the week).

If you have to cut your booking short for any reason, we cannot give you a refund.

Single sex groups

Group and single sex bookings are welcome with the understanding that from 10pm we ask guests to respect the need for privacy and quiet by other guests. The location is not suitable for rowdy Stag and Hen parties, while we also understand that not all such parties are rowdy.

6. Prices

You will pay to us the price of your holiday as set out online at the

time that you submit your Booking Request.

Prices vary depending on the time of the year. If your stay falls within two or more price bands, the corresponding price for each date range will be charged for the days that you stay during the relevant price band. We do not charge VAT.

7. Hot tub use

Please note that in order to maintain the best levels of hygiene, your hot tub may have been refilled on the day of your arrival. If this is the case, it will not be fully warm for comfortable use until the evening of your arrival.

Plastic glasses are provided for drinks in the hot tub.

Guests who wish to use the hot tub should not be wearing fake tan products and we ask that guests shower before using the hot tub.

(Note: guests using the hot tub wearing fake tan products will leave an un-welcome deposit around the rim of the hot tub since the action of the spa removes fake tan).

We will have to charge you £100 to clean the hot tub should you or your guests fail to adhere to this condition, and as a result the hot tub is contaminated and requires cleaning.

Guests are not permitted to take any glass into the hot tub. If glass is broken in the hot tub, please evacuate the hot tub and report the incident to the site warden. A charge of £250 plus any of the cost of any component repairs will be made.

8. Damage to our property

A £100 deposit will be required on Site to cover any damage to the lodge, its contents and the Site.

Please note that you will be liable for the actual cost of any damage to the lodge, its contents and the Site (this may exceed your £100 deposit and you will be required to pay any excess).

If excessive cleaning is required the additional cleaning cost will be passed onto you. We will provide photographic evidence of the wilful damage or mess within the lodge to you.

Please note that in the event that we need to claim further funds from you due to the occurrence of an event listed above, we reserve the right to recover those charges by any means.

9. Arrival and Departure

Arrival time on Site is between 4pm and 8pm on the agreed date of arrival.

If you are likely to arrive after 8pm, please let us know by email or telephone.

Please note that arrivals may, subject to availability and a £30 early arrivals’ fee, be accommodated from 1pm.

If you are interested in taking up this offer, please contact us by email before your arrival and at least 7 days before your arrival date if you wish to request an early arrival.

You are required to vacate the cabin by 10am on your agreed date of departure.

10. Your Responsibilities when on Site

In placing a Booking Request you agree that you and your party will at all times comply with requests of the Site Warden.

As the person booking the holiday, you are responsible for the behaviour of all members of the party whilst on the Site.

The lodge must be left in a clean and tidy condition, including the barbeque.

Please make the Site Warden aware of any breakages or damage caused during your stay.

We shall be entitled to charge you for any costs or expenses it incurs as a result of any breakage or damage or a failure by you to leave the cabin in a clean and tidy condition.

You are responsible for the behaviour of all members of your party. Please show consideration to other guests on the site.

Noisy or disruptive behaviour, especially at night, wilful damage to the Site or lodges or other behaviour considered may result in us asking you or a member of your party to leave the Site immediately. No refunds or compensation will be given in these instances, and we reserve the right to claim compensation for damages or inconvenience caused.

To respect the enjoyment of others, we ask that noise levels are kept to a minimum after 10:00pm.

Open fires, fire pits and rope swings are also prohibited.

Children remain the responsibility of their parents or guardians at all times in the lodge and on the Site. Please ensure your children are supervised at all times.

Please note that smoking is not permitted in the lodge.

11. Complaints

We want you to have an enjoyable holiday. Should you have cause for complaint, please contact the Site Warden immediately who will try to resolve your issue.

12. Liability – Please read this section as it is important that you understand to what you are agreeing

We only provide use of Balquhidder Mhor lodge for domestic and private use. You agree not to use the lodge for any commercial, business or re-sale purposes. Therefore we are not responsible to you for any:

(a) loss of income or revenue;

(b) loss of business or business opportunity;

(c) business interruption;

(d) loss of profit;

(e) loss of anticipated savings; or

(f) loss of data.

In all cases except personal injury or death caused by our negligence or fraud or fraudulent misrepresentation, our maximum liability to you for the total of all claims arising out of your booking with us shall be no more than to refund the amount paid by you for the holiday less any cancellation, amendment or other separate charges.

Balquhidder Mhor lodge is located in a forest environment; we cannot accept responsibility for any damage, injury or inconvenience caused by plants or wildlife.

We are not responsible for anything which adversely affects your holiday which occur due to events which are outside of our control (i.e. that we could not, even with due care, have foreseen or avoided). Such circumstances include (amongst others) war, civil unrest, industrial action, terrorist activity, natural disaster, fire, adverse weather conditions, foot and mouth disease. We will endeavour to manage any problems caused as a result of such an event but shall not be liable to you for any losses caused by such event.

We are not liable for damage to or theft of your personal possessions and we encourage you to ensure that you have adequate cover under your existing home contents, travel or any other applicable policy for the length of your stay.

13. Other important Information

Any photographs, descriptions or advertising we issue, and any descriptions or illustrations contained in our promotional material or on the website, are issued or published solely to provide you with an approximate idea of our Lodge. All due care and diligence is exercised in the production of such information, and information concerning our cabin and its facilities has been compiled as accurately as possible. However, there may be time when certain facilities are temporarily not available. Such situations may be dictated by local circumstances, unsuitable weather conditions, necessity for maintenance or redecoration.

This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

These Terms and any non-contractual obligations relating to these Terms shall be governed by and interpreted in accordance with Scottish law. This means a Contract for Lodge stay purchased through us and any dispute or claim arising out of or in connection with it will be governed by Scottish law.

TERMS OF USE

Balquhidder Mhor reserves the right to change the terms, conditions, and notices under which the Balquhidder Mhor Web Site is offered, including but not limited to the charges associated with the use of the Balquhidder Mhor Web Site.

LINKS TO THIRD PARTY SITES

The Balquhidder Mhor Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Balquhidder Mhor and Balquhidder Mhor is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Balquhidder Mhor is not responsible for webcasting or any other form of transmission received from any Linked Site. Balquhidder Mhor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Balquhidder Mhor of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Balquhidder Mhor Web Site, you warrant to Balquhidder Mhor that you will not use the Balquhidder Mhor Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Balquhidder Mhor Web Site in any manner which could damage, disable, overburden, or impair the Balquhidder Mhor Web Site or interfere with any other party's use and enjoyment of the Balquhidder Mhor Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Balquhidder Mhor eb Sites.

USE OF COMMUNICATION SERVICES

The Balquhidder Mhor Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

§ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

§ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

§ Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

§ Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

§ Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

§ Conduct or forward surveys, contests, pyramid schemes or chain letters.

§ Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

§ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

§ Restrict or inhibit any other user from using and enjoying the Communication Services.

§ Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

§ Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

§ Violate any applicable laws or regulations.

Balquhidder Mhor has no obligation to monitor the Communication Services. However, Balquhidder Mhor reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Balquhidder Mhor reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Balquhidder Mhor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Balquhidder Mhor's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Balquhidder Mhor does not control or endorse the content, messages or information found in any Communication Service and, therefore, Balquhidder Mhor specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Balquhidder Mhor spokespersons, and their views do not necessarily reflect those of Balquhidder Mhor.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Balquhidder Mhor OR POSTED AT ANY Balquhidder Mhor WEB SITE

Balquhidder Mhor does not claim ownership of the materials you provide to Balquhidder Mhor (including feedback and suggestions) or post, upload, input or submit to any Balquhidder Mhor Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Balquhidder Mhor, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Balquhidder Mhor is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Balquhidder Mhor's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BALQUHIDDER MHOR WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BALQUHIDDER MHOR LODGEAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BALQUHIDDER MHOR WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BALQUHIDDER MHOR WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BALQUHIDDER MHOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BALQUHIDDER MHOR WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BALQUHIDDER MHOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALQUHIDDER MHOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BALQUHIDDER MHOR WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BALQUHIDDER MHOR WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BALQUHIDDER MHOR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BALQUHIDDER MHOR WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BALQUHIDDER MHOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BALQUHIDDER MHOR WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BALQUHIDDER MHOR WEB SITE.

TERMINATION/ACCESS RESTRICTION

Balquhidder Mhor reserves the right, in its sole discretion, to terminate your access to the Balquhidder Mhor Web Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.