Edinburgh Festival Let Terms and Conditions

Definition of Terms

1. The Agent – Edinburgh Festival Lets.

2. Tenant Landlord/Owner - Person or Persons entering into a contract to let a property and their guests

Booking and Deposits

1. Bookings will be confirmed upon receipt by Edinburgh Festival Lets (EFL) of the required deposit, which includes the booking fee. If the booking is made within 30 days of the date of hire, the full fee must be paid.

2. The balance following the payment of a deposit will be due for payment 30 days before the date of hire. EFL will reserve the right to cancel a booking where full payment is not received within 30 days of the commencement date.

3. Once a confirmation has been issued by EFL and the deposit and booking fee paid by the tenant, the tenant is then responsible for the total price detailed. If cancellation occurs once payment has been made the hirer is responsible for the price in full unless EFL are able to re-let the property, in which case the hirer will be reimbursed less an administrative charge of £100 + vat. If it has not been possible to re-let the property for the original rental price then the hirer is responsible for the outstanding balance in full.

4. Once a confirmation has been issued by EFL and the deposit and booking fee paid by the tenant, the tenant is then responsible for the total hire price. If cancellation occurs after a deposit has been made the hirer is responsible for the price in full unless EFL are able to re-let the property, in which case the tenant will be reimbursed less a re-letting administrative charge of £100 + vat. If it has not been possible to re-let the property for the original rental price then the hirer is fully responsible for the outstanding balance.

5. We will endeavor to return deposits, less any deductions within 30 days of the end of the hire period.

The Tenants Obligations

1. All EFL properties are No Smoking, a penalty of £200 will be charged for smoking in our properties.

2. The use of the accommodation is entirely at the tenants risk and no responsibility can be accepted by EFL for injury, loss or damage to users’ belongings. Baggage and personal belongings are at the tenants risk at all times.

3. Where the property has been booked by an agent on behalf of a third party then the third party shall be disclosed to EFL. The tenant will take full responsibility for the actions of that third party and his/ her guests. The tenant must ensure that all third parties are made aware of the terms and conditions of hire.

4. Under no circumstances may more than the maximum number of persons as stated in the confirmation of booking, occupy a property. Owners will reserve the right to refuse admittance if this condition is not observed. In addition, EFL reserve the right to refuse or revoke (before or during the let) any bookings from parties that may be in their opinion (and at their sole discretion) unsuitable for the property concerned.

5. The tenant is responsible for the property and is expected to take all reasonable care of it. All locks including Chubb’s should be locked when the property is unattended and when vacated. Windows should also be closed and locked when the property is unoccupied and when you vacate. All the included equipment, utensils etc must be cleaned and put away and the property must be left clean and tidy at the end of the hire period. If communal bins are available near the property, please ensure that all rubbish has been removed when you vacate. If rubbish is collected by the council, then please ensure that as much rubbish as possible has been removed on the last collection day before you vacate. If facilities are available for the sorting of rubbish for recycling then the tenant is responsible for ensuring that this is done correctly.

6. If a property is not left by tenants in the condition in which they entered it, then EFL will arrange for other trades to clean/repair/replace issues which have arisen and these will be charged to the tenants deposit together with an administrative fee of £50 plus VAT for each trade needed. A fee of £50 plus VAT will be made if we need to visit the property during office hours to assess and then confirm that issues have arisen and a fee of £50 plus VAT will be charged for each shop we need to visit to replace any damaged or broken items. If EFL have to make an emergency out of hours call out to the property to address an issue then after seeing and assessing the situation, if EFL then believe the issue(s) has been caused by the tenant and immediate action is required to rectify the situation, a charge of £100 plus VAT will be made and a £50 plus VAT admin fee will also be made for each trade.

7. All damages and breakages are the legal responsibility of the tenant and the cost of replacement shall be refundable on demand.

8. All sets of keys should be returned to EFL, the owner, or left in a mutually agreed location by 10am on the leaving day. If sets of keys are missing or not returned on time, the owner reserves the right to have the locks changed and debit the cost from the tenants’ deposit. Reasonable charges will be made for lost keys. A £50 plus VAT administration charge will be made if keys are left in your property and need to be retrieved.

9. Tenants may move into a property at 3pm on the first day of hire and must vacate by 10am on the final day of hire, unless a prior arrangement has been made. Where no prior arrangement has been made and hirers either arrive early, or stay late then EFL reserve the right to charge extra rental.

10. Where linen is included this will not always include towels, please bring your own.

11. Hirers must inform EFL of any breakages or damage caused to the property during their stay.

12. It will be indicated on the website whether or not pets are allowed at the property. This must be strictly adhered to. If pets are allowed, permission must have been sought from Dickins and you must keep them under strict control. You must not leave pets unattended in the properties and you must exercise them away from the premises. Pets are not permitted in the bedrooms or on any furniture.

13. Hirers must respect the properties neighbours and not cause undue noise.

14. You will permit the owner or EFL (with or without tradesmen) to enter and inspect at reasonable times and on reasonable notice and if necessary to repair the property or to enter the property without notice in an emergency to repair the property or adjoining premises.

15. If tenants report a fault and EFL call out trades-people who discover that no fault exists then the tenant will be charged for the tradesmen’s invoice. If an arrangement has been made with tenant for access to a property and then access cannot be gained, then tenant will be responsible for any tradesmen’s invoices for failure to gain access.

16. Reasonable use of gas and electricity are included in the rental price. However, the cost of any excessive usage may be claimed by the owner.

Force Majeure

The owner and the agent do not accept liability or pay compensation for any loss, damage or expense where our obligations are prevented or affected by reason of Force Majeure.

Force Majeure means any event which we or the owner providing the service could not, even with all due care, foresee or avoid such as war or threat of war, riots, civil strife, terrorist activity, epidemic, pandemic, industrial action, natural or nuclear disaster, fire, flood, adverse weather conditions, closure of airports or ports, technical problems with transport, governmental action and all other similar events.

Non-availability of Property

If for any reason beyond the Owner's control, the property is unavailable on the day when the tenancy is due to begin (e.g. due to flooding, fire damage etc.) or the property becomes unsuitable for holiday letting during a booking as decided by EFL, clients will receive a refund of rents and charges already paid, less rent due for the period when the property was occupied. The Agent will make every effort to find a suitable alternative property but the Clients shall have no further claim against the Owners or Agent if they cannot do so. Please also refer to Force Majeure.

Liability

The Agent accepts no liability for any act, neglect or default on the part of the Owners or any other person not employed by them or under their control, nor for any accident, damage, loss, injury, expense or inconvenience to either person or property which the Guests, or any other person, may suffer or incur arising from, or in any way connected with, the Tenancy. The Owners accept no liability for loss or damage to the Guests' possessions on the Owners' land or property. Please also refer to Force Majeure.

Governing Law and Jurisdiction

The validity, construction and performance of this Agreement shall be governed by Scots' Law. The Clients and the Guests submit to the exclusive jurisdiction of the Scottish Courts.

Breach of Contract

If Guests breach any of the above terms and conditions the Owners or Agent reserve the right to re-enter the property and terminate the tenancy, without prejudice to the other rights and remedies of the owners.

Complaints

1. In the first instance the following steps should be taken:

(I). Contact EFL

(II) All complaints will be documented and investigated by EFL

(III) Appropriate actions will be taken to try and ensure a satisfactory resolution for all parties.

2. In no circumstances can compensation be made for complaints raised after the tenancy has ended if the tenant failed to advise EFL during his/her occupancy.

3. Complaints which are not reported immediately will not be entertained subsequently, and no correspondence will be entered into in respect of complaints made on departure or after your return home. In the event of a dispute arising between the property owner and tenant that cannot be resolved by agreement, both parties shall agree to appoint an Arbiter who shall be mutually chosen. In the event of the parties failing to agree upon a single Arbiter, an Arbiter shall be appointed by the Sheriff of Lothian and Borders at Edinburgh on the application of either party. The decision of the said Arbiter shall be final and binding on the Parties hereto.

Privacy Policy

Who is responsible for managing my information?

The Privacy Policy of Edinburgh Festival Lets website are owned and/or produced by us.

We are responsible for the collection and proper management of any personal information you submit. We will keep your personal details secure and use the information you provide consistently with applicable privacy and data protection laws and the terms of this Privacy Policy.

1. What information do we collect?

If you choose to make a booking through us we will collect details that you provide in relation to that booking. Information held is likely to include your name, date of birth, contact details, payment details, information about people travelling with you, information about your booking and any additional information we may need to help meet your specific travel requirements.

If you choose to let your holiday accommodation with us we will collect details such as your name, contact details, and details regarding the accommodation you wish to let. We use WorldPay to collect your payment as such do not have details of your bank or credit card held on our website.

2. How do we use your information?

The information you provide may be used for:

• to enable us to complete your booking (if you are booking accommodation);

• to enable us to advertise your holiday accommodation, transfer payments due to youf and to provide related support services (if you are letting your holiday accommodation through us);

• for statistical purposes when we evaluate our range of services;

• to personalise repeat visits to our websites;

• to tell you about other products and services we think may be of interest to you.

• to manage customer service queries; and

• to help us to provide details or information you may have requested.

3. Who will you share my information with?

In order to provide you with the products and services that we offer we may share your information with:

• owners of holiday properties managed by Edinburgh Festival Lets, (if you are making a holiday accommodation booking);

• individuals who may be renting accommodation from you (if you are an accommodation owner);

• our preferred insurance provider(s) (if you purchase the personal travel insurance policy we offer); and

If you agree, we may also pass on your information for the purposes of conducting a credit check.

4. How do you manage my information?

We may from time to time appoint other third party service providers, to help us manage efficient systems within the business. We will only transfer your information to service providers who help manage our systems where we are satisfied that adequate levels of protection are in place to protect the integrity and security of any information being processed and compliance with applicable privacy laws.

5. When can we contact you in the future?

We would like to send you information about our own products and services, as well as those of selected third parties. We may do this by post, telephone, email or SMS; unless you have told us that you do not wish to be contacted in this way. We will always ask you to confirm in advance that you are happy for us to allow third parties to contact you by email.

If you would like to change any of your preferences relating to the way in which we may use your information for direct marketing, then please update your user preferences or send an email to admin@edinburghfestivallets.com

6. How long will we hold your information for?

We have a system of retention periods in place to ensure that your information is only stored whilst it is required for the relevant purposes or to meet legal requirements. Where your information is no longer required, we will ensure it is disposed of in a secure manner.

7. What are cookies?

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

You can set your browser not to accept cookies but if you do this not all features of our website may function effectively.

For further information on cookies and how to disable your browser visit www.aboutcookies.org.

8. How can you access and update your information?

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the address below. Please note that we may charge a small administrative fee for the provision of this information.

Data Controller, Edinburgh Festival Lets, 20 Nicolson Street, Edinburgh, EH8 9DH, United Kingdom.

We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.

9. How do we update this privacy policy?

We keep our privacy policy under regular review and we will place any updates on our webpage.

10. Who can I contact if I have queries about this privacy policy?

Please contact us if you have any questions about our privacy policy or information we hold about you.

By email: admin@edinburghfestivallets.com

Or write to us at: Data Controller, Edinburgh Festival Lets, 20 Nicolson Street, Edinburgh, EH8 9DH, United Kingdom.

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