Terms & Conditions

THE GATSBY  TERMS AND CONDITIONS AS AT MAY 2022

When not being hired out for exclusive self catered private use it is the home of Alex Shepherd .The Gatsby therefore  is only hired out on a limited basis usually not more than 90 nights in total per annum .

The Gatsby takes bookings directly via its own web site www.thegatsbytorphins.co.uk or referrals through its appointed promotional agents . It does not pay commission to any booking agents .

A)The Reservation Process

Reservations can be made directly via e mail thegatsbyenquiries@gmail.com and   through  our website  www.thegatsbytorphins.co.uk .A provisional reservation can be held for 48 hours, after which it will be cancelled automatically if we have not received payment (in part or full).

When you submit an enquiry via e mail you will receive a detailed quotation also via e mail usually within 24 hours .

The owner reserves the right to refuse if it is deemed that the accommodation might not be suitable for the intended stay (Holiday).

A reservation is confirmed once we have received written confirmation via e mail If the reservation has been made .Any payment made by the Client to The Owner in respect of The Gatsby is deemed to confirm acceptance of these Terms and Conditions.

As soon as your confirmation is received please check the details carefully, if anything is incorrect please inform us immediately. However, we regret we cannot accept liability if we are not notified of any inaccuracy in the documentation. If there is an error in the confirmation, we reserve the right to correct it as soon as we become aware of it.

Reservations made more than 56 days prior to arrival require a deposit payment of 1/3^rd  with the remainder of the balance due 56 days prior to arrival. Reservations made less than 56 days prior to arrival require full payment. If after 7 days the balance is still outstanding the booking will be treated as a Cancellation by the Client. (see cancellation policy).

We accept the following methods of payment: Bank Transfer, Debit Card Payment, Visa, Mastercard

B)Security Deposits

A Security Deposit of £750  is required to cover costs resulting from the action or inaction of the Client or a member of their party such as (but not limited to): the property being left in an unreasonable state, loss or non-return of keys, neglect or damage to the property, damage or loss of contents and/or, any extra or excessive cleaning costs required.

The Security Deposit will be refunded within 24 hours of your departure from the property less any costs incurred.

In the event of damages attributed to the Client or a member of their party during their stay The Owner  shall notify this to the Client as quickly as reasonably possible together with any evidence. The cost of any remedial action shall be deducted from the Security Deposit and the balance refunded to the Client.

In the event that the cost of rectification for losses or damage caused by the Client or a member of their party exceeds the Security Deposit held, The Owner  shall notify the Client of any additional amount owing. The Client is advised that the  Owner reserves the right to pursue recovery of any additional cost over and above the Security Deposit and for this reason adequate personal liability insurance is strongly recommended (See Insurance Requirements below).

C/Cancellations and Amendments to Bookings by Client

1 A booking can only be cancelled prior to the start date of the holiday. Cancellation requests must be received by The Owner  in writing (email).

Cancellation Charges:

1aThe holiday deposit (1/3^rd of the total holiday cost): Where cancellation notice is received after the deposit has been paid and before the final balance is due.

1b 100% of the total holiday cost: Where cancellation notice is received after the balance is due and/or been paid then the Client shall be liable for the full cost of the booking.

1cRequests to change confirmed booking dates must be made in writing to The Owner no less than 16 weeks prior to arrival date . The owner will do his utmost to facilitate this .

1d By agreeing to these Terms and Conditions the Client warrants that they will not sell or transfer the booking to another party.

Cancellations must be immediately notified to us by email. If you cancel 61 or more days before check-in date, and we are able to re-let your dates, we will refund you the deposit amount which may be less than you paid (for example if the final letting price was discounted or only some of the days are re-let). If we are unable to re-let you remain responsible for the deposit and there will be no refund under any circumstances. You will be reimbursed at check-out date of original booking.

Cancellations and Amendments to Bookings by Owner

It is extremely unlikely that an Owner cancels a confirmed booking. If, however, for reasons beyond the reasonable control of the Owner, the property is no longer available the Owner reserves the right to cancel a booking. In this event the Owner will inform the Client as soon as possible .If this is the case all monies paid by the Client will be refunded.

D/Your Holiday

1/ Arrival and Departure times vary but are usually 4 pm entry time , 4 pm departure time Sundays and 10 am departure time week days  . Usually the owner or the Housekeeper will be available to hand over keys and offer a quick house tour / handover . Meeting times are usually confirmed between client and owner within 5 days of arrival .

E/ Use  of Property and Your Responsibilities

1/Party Size. 24 is the  limit on the maximum number of guests that can be at the Gatsby the  number of guests at the property must not exceed those limits . Admittance to the property may be refused or the Client may be asked to vacate the property immediately if this condition is not observed.

2/Clients may not invite additional guests to the property. The property has   external CCTV cameras, if footage shows that more guests have entered the property than the maximum number allowed a charge maybe deducted from the Security Deposit.

3/Booking form to be completed prior to arrival confirming number of guests and age bracket and whether male or female .

4/Disability Access . The Gatsby dates back to 1890 and as such has steps at all access doors and no ramps . There are no ground floor bedrooms or bathrooms . Disabled persons are welcome of course we just make guests aware of potential difficulties .

5/ THE GATSBY DOES NOT ACCEPT STAG GROUPS UNDER ANY CIRCUMSTANCES

6/ HEN GROUPS are welcome although we no longer accept hen groups arriving by bus .

7/Pets

This section does not apply to Assistance Dogs which are welcome . Otherwise The Gatsby does not accept pets .

F/Smoking

Smoking is strictly prohibited within the house or on the decking area outside the kitchen . Clients who fail to adhere to this condition will  have all of their Security Deposit forfeited .

Smoking should be restricted outside to the front of the building and all cigarette butts safety disposed off . These must not be left lying in the garden / driveway or disposed of in plant pots .

G/ Equipment and Facilities within the Property

1/ Clients will adhere to any special rules and requirements relating to the use of the hot tub. Please note the HOT TUB IS SWITCHED OFF AUTOMATICALLY AT 10 PM  and it strictly prohibited to use the hot tub after 10 pm . This is for your own safety and also to protect neighbours from noise nuisance and potential complaints .  Failure to adhere to rules may result in a claim being made against the Security Deposit. Claims will be made for any guests that use a hot tub whilst wearing fake tan, eating or use of glasses or crockery in hot tubs .

2/  It is not acceptable to move furniture within the property. If items of furniture, such as beds, tables, sofas are found to have been moved and not put back in their rightful place a charge may be made against the security deposit.

3/ The Client is legally obliged to take all reasonable and proper care of the property including buildings, gardens, fixtures, fittings, furniture, pictures and other effects in or around the property and shall leave them in the same state of repair and condition at the end of the rental period as found at the beginning.

4/In the event of any damage to property or equipment during the stay, the Client is required to notify the Owner

5/The Client shall leave the property in a clean and tidy condition: this includes cleaning all cutlery and crockery and placing all rubbish in appropriate waste or recycling bins. Many councils will refuse to empty bins if recycled materials have not been placed in the correct bins .

6/ CLIENTS WILL NOT DECORATE WALLS OR WOODWORK OR WOODWORK WITH BANNERS ,BALLOONS OR PICTURES ,ANY MARKS CAUSED BY DRAWING PINS ,SELLOTAPE OR BLU TAC or any other product such as fake tan that require repainting or partial repainting will be deducted from the security deposit .

7/We do not allow fireworks

Guest Conduct

Noise: Doors and windows: When regulated entertainment is taking place at the premises all external doors and windows must be kept closed other than for access and egress. Please consider the Gatsby is located within a residential area and compliance the law with regards to noise and nuisance is mandatory .

Bottle disposal: Disposal of waste bottles into external receptacles must not occur after 21:00 hours or before 09:00 hours on any day.

1 In the event the Owner receives a complaint with regard to noise from a neighbour or from The Police, this may result in a charge being made against the Security Deposit.

2As stated previously the party size may not exceed the total number of guests that the property is advertised to sleep. Guests also must not erect marquees or any other temporary structure within the grounds of the property. This will invalidate many Property Owners’ liability insurance policies and Clients will be asked to vacate the property with immediate effect.

Problems or Complaints

The Client must report any pre-existing damage noticed upon arrival within 24 hours.

If any issues arise during the stay the Client must contact the property Owner  as soon as reasonably practicable for the issue to be investigated and, if required, to take any remedial action. If an issue is not reported and the Owner is denied an opportunity to investigate or rectify a problem during the holiday, then the Client will have waived all rights in the matter.

Facilities and Services

Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay, however we cannot guarantee or be held responsible for any failure or interruption of, services to the property, including electricity, water or any damage to telephone, sky or terrestrial TV, broadband, internet and
other communications, including disruption or noise caused as a result of repair works being carried out in the immediate vicinity. Where we are made aware of such failure or interruption, we will endeavour to rectify such services within a reasonable period of time.

While we will make every effort to ensure the service is available at all times,
we are unable to guarantee any internet or broadband connection, also where a fault is deemed to be associated with the users’ hardware or software no support will be available. We are not responsible for loss or damage to guests’ computers or software at any apartment or while connected to a network service.

Insurance

14.1 We strongly recommend that Clients should obtain insurance that at least includes holiday cancellation cover for the value of their booking. Ideally the insurance policy will cover other eventualities such as travel and road conditions as the Owner shall be liable for circumstances that may prevent you accessing the property .

We are not responsible for the theft and/or damage of your personal belongings during your stay in any property booked. Therefore, you are advised to ensure you have appropriate insurances in place.

Pricing

Prices quoted are fixed .

Force Majeure

The Owner cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to Force Majeure. Force Majeure is any event which is out with the owners control .

Our Website

Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website is published in good faith.

Breach of Contract/Law of Contract

If any of the above conditions are breached by the Client or any member of their party, the Owner  reserves the right to enter the property and request that the party leave the property with immediate effect. The agreement is governed by Scottish Law .