Belmont House Transparent

Terms & Conditions

We are proud to welcome you to our home and sincerely hope you enjoy the entirety of your stay. During your holiday, we invite you to treat the house as your home for the duration. However, we would just like to point out that Belmont House is our full-time home and is a national treasure of historic importance which has undergone epic restoration and over the years, much love has been poured into it to make it the attraction it has become. Please be kind enough to read these conditions carefully and note that, when you make a reservation, you are entering into a legally binding contract the terms of which are set out in these conditions.

1 Belmont House Unst Ltd.

The contract for short-term or medium-term self-catering holiday rentals or rooms for
Bed and Breakfast will be between Belmont House Unst Ltd. (referred to herein as “us”
or “we”) and the person making the booking and all members of the holiday party
(referred to herein as “you” or “your”). In the following booking conditions, the law of
Scotland will govern the Contract. The contract of hire is not effective until we have
received the deposit and confirmed in writing (email will suffice). The contract will be
subject to these booking conditions and must be complied with. The party leader must
be at least 21 years of age at the time of the booking.

2 Duration and Times of Lettings

Please do not arrive before 4 pm on the commencement date and you are respectfully
requested to vacate by 10 am on the day of departure. Failure to do so may result in you
being charged a further day’s rental unless by prior arrangement. You must not use the
property except for the purpose of a holiday during the holiday period, and not for any
other purpose or longer period than accepted in writing by us. The agreement to stay
on the property for the holiday period does not create a relationship between the
Landlord and Tennant parties. You shall not be entitled to any/new tenancy, or to any
assured short hold or assured tenancy or any statutory protection under the Housing
Act (Scotland) 1988 or other statutory security of tenure, instrument or Act now or at
the end of the Holiday Period. If requested in advance via email, it may be possible to
alter the timings of arrival and departure. This must be agreed upon by both parties in
writing no later than 2 weeks in advance. We may show discretion where circumstances
arise that are due to weather, vehicle defect, ferry delays or accident of course.

3 Booking Procedure

Whilst we are prepared to consider requests for reservations of the ‘Property’ in respect
of self-catering or ‘Room’ with respect to Bed and Breakfast, the confirmation of a
reservation shall not render us liable, in the event that the property or room is
unavailable for occupation during the period reserved and no contract will arise between
us and you otherwise than in accordance with the following provisions of these terms
and conditions.

4 Booking Form

All applications to book holidays in the property must be submitted by you to us using
our standard booking form for the time being in force (“Booking Form”). The Booking
Form should be fully completed by you and must be accompanied by payment of the
25% deposit and housekeeping deposit of £300 for up to 7 nights or £500 for 8 nights
and over. The amount of the booking fee shall be as follows:
i. If the booking form is submitted 4 weeks or more before the commencement of the
requested holiday letting period – 25% of the full amount payable in respect of the letting
plus the housekeeping deposit; or
ii. If the booking form is submitted less than 4 weeks before the commencement of the
requested holiday period – the full amount is payable in respect of the whole of the letting
period plus the housekeeping deposit. In the event that we decline an application, the
full amount of the booking fee will be refunded to you. In the event that an application
is accepted, the booking fee will be retained by us and treated as a payment on account
of the amount payable in respect of the rental.

5 Acceptance of an Application

The contract between us and you for the rental of the property shall arise upon us
giving written confirmation of acceptance of your application (which will be considered
delivered if submitted electronically to any email address provided by you in the booking
form) or upon us having obtained cleared funds in respect of the application fee
whichever is the later.

6 Payment

The full amount of the payment for the fee for the letting (less the amount to which
clause 4) shall be paid on the “due date” namely: 1. In a booking in which clause 4i
applies, not later than 4 weeks before the commencement of the letting; or 2. In a
booking to which 4ii applies, upon our acceptance under clause 5

7 Failure to pay

Non-payment of the sum payable under clause 6 by the due date may be treated as a
cancellation of your booking and we will be entitled to re-let the property or room
without reference to you. The terms as to payment in clause 8 thereafter apply.

8 Cancellation

CANCELLATION INSURANCE. Any request to cancel a booking must be made in
writing to us. You shall remain liable for all the payments due in respect of the
reservation whether or not they have been paid at the time of the cancellation. We will
use our reasonable endeavours to re-let the property in respect of the cancellation period.
If we are successful, you will be refunded the difference between monies you have paid
less the sums receivable from the re-letting after deduction of all costs and expenses
incurred by us which shall include an administration fee of £30 in respect of each day
that the property was reserved by you.

9 Changes

We reserve the right to amend, at any time, the price quoted in a brochure, website or
rates sheet due to errors or omissions or changes in the VAT rate or rates increases. In
such circumstances, we will contact you as soon as we become aware of an increase in
charges. If you do not wish to pay the increase, you shall be entitled to cancel the
reservation and receive a full refund for all monies paid in respect of the reservation
providing notice of cancellation is given in accordance with the provisions of clause 4
and within 7 days of you receiving notification of the amendment to the price to be
charged from us.

10 Changes to bookings

We will consider any request to change dates after confirmation has been issued. We
reserve the right to charge an administration fee of £30 in the event a change of booking
is made.

11 Occupancy and Use of Property

Under no circumstances may more than the maximum number of persons stated in the
brochure and the website occupy the property and, in any case, numbers of you must not
exceed 10 persons unless previously agreed in writing (weddings/exhibitions/festivals
etc). We reserve the right to refuse admittance if this condition is not observed. Any
persons other than members of your party must not use the facilities of Belmont House
unless prior written consent has been obtained by us. To exceed the maximum number
of persons in the property overloads the facilities available which are not designed or
capable of supporting additional usage and can lead to extensive and expensive damage.
As such, any overoccupancy is considered to be a serious infringement of the Terms and
Conditions and can result in an immediate requirement to vacate the premises, with no
refund, and possible further charges in the event of damage to the facilities caused by
excess usage (for example, a malfunctioning septic tank which has been used by a greater
number of people than the tank is designed for).

12 Care of the Property

You are responsible for the property and are expected to take all reasonable care of its
furniture, pictures, fittings and effects, in or on the property. You must leave them in
the same state of repair, and in the same clean and tidy condition at the end of the rental
period as at the beginning. You must not use the properties for any dangerous, offensive,
noxious, noisy, immoral, illegal activities or carry on there any act that may be a
nuisance or annoyance to the owner or other neighbouring properties. We request noise
to be kept to a minimum between the hours of 11 pm and 8 am. Smoking cigars, rollups, cigarettes, cheroots, and pipes, is not allowed in any of the properties or in any
communal areas. Similarly, no smoking of illegal substances or consuming of any illegal
substance on the property including Khat (Qat). Chewing tobacco. Snus, snuff, dip etc
may be consumed (if legal at the time of rental) but this must be disposed of responsibly.

13 Damages and Damage Deposit

Bookings of Belmont House Unst Ltd. require a damage deposit of £300 or £500. You
will be required to make this payment by bank transfer before your arrival at our
property. This amount is fully refundable within 4 weeks of your departure, providing
the property is left clean and tidy, there have been no breakages, no extra cleaning was
required, or any extra people found to be staying at the property. In the event that you
or anyone staying at the property during your reservation period causes damage or
incurs a need for professional cleaning services or leaves the property without settling
invoices for additional services or supplies received during your reservation period you
will be notified in writing of the details of any extra costs incurred within 4 weeks after
the end of the reservation period and this amount shall be deducted from the Damage
Deposit or payment will be required by you.
Towels and Linen are supplied as one bed set, towel and hand towel per person. To
save water and electricity, please only use those towels allocated to you for your stay.
Unst is a Geo Park and as such any overuse of these items, i.e. using more than the items
allocated to you will incur a washing charge of £5 per towel, hand towel, bed linen item
etc. Accidents happen and we are well aware that sometimes our younger guests may
‘spoil’ linen. Any such item requiring cleaning will not attract a cleaning charge.
Animal ‘Worrying’. Any and all reports of animals ‘worrying’ livestock will be
considered serious. By accepting these Terms and Conditions, you agree that your
personal information will be passed over to the owner and/or police, and you accept full
liability to recompense the owner for any illness, injury or aborted young to the amounts
demanded by the owner. You agree to ‘waiver’ Belmont House Unst Ltd. From any costs
and bad publicity arising from the actions of your pet.

14 Play Equipment

You agree that the use of the play equipment is at your (or any third party residing on
the property during the period of your reservation) risk in all respects. You confirm that
you are authorised to sign the booking form on behalf of all persons who will occupy the
property and that those persons are aware of the booking conditions. You shall be a
member of the party occupying the property and are required to ensure that: 1. Each
member of the party on whose behalf you have submitted the Booking Form is listed on
the booking form with his or her full name and age if under 30; 2. Each member of the
party is aware of and will comply with all rules and regulations published by ourselves
in respect of the use and occupation of the Properties; 3. The number of persons within
the party shall not exceed the maximum number of persons permitted to occupy the
property. Any breach of these provisions will constitute a breach of contract, thereupon
we may terminate the booking forthwith in which event all monies paid by you will be
forfeited and you may be required to vacate the property. We reserve the right to
repossess the property at any time where damage or nuisance has been caused by you or
any member of your party and in such event, we shall not be liable to make any refund
and any Damage Deposit may be given to the aggrieved third party who had real and
evidenced cause to complain.

15 Liability

This condition sets out our entire financial liability (including any liability for the acts
or omissions of its employees, agents, consultants and subcontractors) to you in respect
of any breach of this agreement; any use made by you or any third party residing or
making use of the property during your period of reservation and any representation,
statement or tortious act or omission (including negligence) arising under or in
connection with this agreement. All warranties, conditions and other terms implied by
statute or common law are, to the fullest extent permitted by law, excluded from this
agreement. Nothing in this agreement limits or excludes our liability of us for death or
personal injury resulting from negligence or liability incurred by you as a result of fraud
or fraudulent misrepresentation by us. We shall not be liable for loss of profits; loss of
business; loss of anticipated savings; loss of personal property or possessions; loss of use
of the property or any special, indirect, consequential or pure economic loss, costs,
damages, charges or expenses in respect of the reservation. Our total liability in
contract, tort (including negligence or breach of statutory duty), misrepresentation,
restitution or otherwise arising in connection with the performance or contemplated
performance of the conditions of this agreement shall be limited to the monies paid in
respect of your reservation under the conditions of this agreement. Any vehicle of yours
or any third party making use of the property during the period of your reservation is
left at the property entirely at the risk of the owner of the vehicle.

16 Force Majeure

In these terms and conditions “Force Majeure” means any circumstances beyond our
reasonable control including, without limitation, an Act of God, Fire, Flood, War or Act
of Terrorism. If by reason of Force Majeure the property is not available at the
commencement of the time booked by you or the property is unsuitable for letting at
that time, we shall not be deemed to be in breach of contract but shall refund in full to
you all fees, charges and any deposit paid in advance by you. We will not be liable for
any other claim for loss or damage by you.

17 General

(a) In the event of any conflict between these terms and conditions and any other
contents of any brochure, flyer or website, these terms and conditions shall take primacy
and prevail.
(b) These terms and the contract between you and us shall be subject to and interpreted
in accordance with the law of Scotland and the courts of Scotland shall have exclusive
jurisdiction to hear any claim arising from such contract.
(c) Words herein denoting the masculine gender shall, where the context so admits, be
taken to include the feminine and neuter genders etc and vice versa.
(d) Words herein denoting the singular shall, where the context so admits be taken to
include the plural and vice versa.
(e) To behave in such a manner as not to disrupt the enjoyment of other people staying
in the property, or neighbours surrounding the property, near vicinity or prejudice the
reputation of the owner of the property.
(f) Your holiday or that of any third party residing or making use of the property during
the period of your reservation found to be in breach of this clause may be terminated
immediately and without compensation or any further obligation. Any damage to
facilities arising out of the misuse or as a result of possible negligence and/or failure to
follow the instructions herein or in the Welcome Book will be chargeable to you.
Negligence in this agreement does not need to be evidenced by us other than ‘On The
Balance Of Probabilities’ and you agree that the burden to prove otherwise, lies with the
user or you.
(g). When the wood burner is lit, please use the fire guard. Make sure the fire is
extinguished before going to bed or leaving the property. To maintain the efficient
operation of the wood burner and flue pipe, please only use the seasoned wood provided
by us, do not burn any other materials. Never leave the fire unattended. The use of
candles inside or outside Belmont House Unst Ltd. is strictly prohibited. Please help us
save energy by turning off all electrical appliances at the wall before going to bed and
closing all doors. No wood or fuel is to be burned in the stove unless purchased from
Belmont House Unst ltd. Failure to comply with this will attract a charge of £10 to
cover extra cleaning of the flue. Our wood is responsibly sourced and is of low water
and resin content.

18 Regulations and Conditions

Well-behaved pets are welcome. We require that our guests read and understand the
following conditions which should be read in conjunction with and form part of the
booking conditions. You agree 1. Not to allow any pets on furniture or beds. 2. Never
to leave any pet unattended in the property or garden. 3. To keep your dog on a lead
when outside. This is extremely important to prevent any ‘worrying’ of sheep who are
particularly vulnerable to dogs at certain times of the year. Any reports of ‘worrying’
livestock will be reported to the police and actions taken to recompense the owner. 4.
To bring all pet bedding required and towels for drying the pet when required. 5. To
ensure that any pet is clean and dry before allowing inside the property. 6. To ensure
that pets behave in such a manner as not to disrupt the enjoyment of neighbours or other
people staying in the vicinity or to prejudice the reputation of the owner of the property.
7. To promptly pick up all faeces from the garden and to not allow your pet to foul any
area. There is a bin provided in the driveway for the purposes of depositing used dog
bags/cat litter.

19 Security and Privacy

Belmont House Unst Ltd. will ensure that: 1. Personal data is only used for the
legitimate interests of Belmont House Unst Ltd. and does not unduly prejudice the
rights and freedoms of the individual in question. 2. Personal data will be processed
fairly and lawfully in accordance with the Data Protection Act and GDPR. 3. They will
not process “sensitive” personal data without prior consent from the member. 4. Access
will be granted to computerised personal data in the form of a computerised “printout”,
and to manual personal data at its discretion. 5. Information processed is accurate,
relevant, current, up to date and not excessive. 6. Personal data will be kept only for so
long as is necessary for the specified purposes.

20 Disclaimer

Please be forewarned that it is possible to catch computer viruses by accessing a web
page or by downloading or running an infected program. Whilst Belmont House Unst
Ltd. has taken steps to ensure that the pages on this website are free from infection, such
is the nature of the Internet that no assurance can be given that the pages of this website
are indeed free from infection. It is a condition of us allowing you free access that
Belmont House Unst Ltd. will not be liable for any loss or damage suffered by any
person accessing this website or any third party resulting directly from the transmission
of a computer virus resulting from the accessing of this web site. Please note that the
information available on this website may be incomplete, out of date or incorrect. It is
therefore essential that you verify all such information with us before taking any action
in reliance upon it. It is a condition of us allowing you free access to the material on this
website that you accept that we will not be liable for any action you take in reliance on
the information on this website. The contents of the pages on this website are copyright
Belmont House Unst Ltd. The copying or incorporation into any other work or part or
all of the material available on this website in any form is prohibited save that you may:
download extracts of the material on the site for your personal use; or: copy the material
on the site for the purpose of sending to individual third parties for their personal
information provided that you acknowledge us as the source of the material and that you
inform the third party that these conditions apply to them and that they must comply
with them.

21 Statutory Rights

Your Statutory Rights are not affected.