The Accommodation: Back Brae Lodge, Back Brae, Tobermory, Isle Of Mull, Argyll, Scotland PA75 6NU.
The Owner: Kenny Fraser, 28 Ness Road, FORTROSE, Highland IV10 8SD.
You: as referred to in these terms, 'You' refers to the person making the initial arrangements to book the Accommodation, or the person assigned as being responsible afterwards, with notice to the Owner.
Holiday Lets: these are defined as short-term lets extending to not more than 31 days, to the same person or persons, in any single year.
Nothing in these terms affects your normal statutory rights.
The Owner pledges to:
- Describe accurately the services provided, on the Back Brae Lodge website and via email.
- Ensure high standards of guest care and cleanliness are maintained at all times.
- Deal promptly and courteously with all enquiries, requests, complaints and other feedback.
- Provide proper insurance cover, and comply with all relevant legislation and regulations.
The Owner will make every effort to ensure that you have an enjoyable and problem-free holiday. It is essential that You contact the Owner immediately if any problem arises so that it can be speedily resolved. It is difficult to resolve problems unless the Owner is promptly notified.
Discussion of any criticisms with the Owner whilst You are in residence at the Accommodation will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Accommodation) cannot possibly be investigated unless registered whilst You are in residence.
If any complaint cannot be resolved during Your holiday, You should contact the Owner with full details within 28 days of the end of Your stay. The Owner will always take into account any suggestions given regarding the Accommodation, for Your benefit and for future guests.
The maximum number of overnight guests allowable in the Accommodation at any one time is two adults or two adults with two children, unless agreed otherwise in advance with the Owner. The maximum number of beds available is three: one kingsize bed and two sofabeds. We advise one adult on a sofabed for comfort. Extra guests sleeping on floors are not permitted.
The Owner reserves the right to take any appropriate action if You are found to be in breach of these rules, including immediate termination of the booking and cancellation of any remaining booked nights.
You are solely responsible for Your whole residential party. The Accommodation may not be sub-let by You, nor can You transfer possession of the property during the rental period. The Owner reserves the right to refuse entry to the Accommodation at any time, to any person considered (by the Owner or his agents) unsuitable to reside or take charge, and to terminate the stay if considered necessary.
You must allow the Owner or his agents entry to the Accommodation at any reasonable time, for any necessary purpose, including essential repairs or in an emergency.
The minimum booking period is either two or three nights, dependent on the particular stay agreement. Bookings by those under 21 years of age will not be accepted.
To secure a booking You must submit either a deposit or full payment, providing all contact details as requested. Until this initial payment is received, the period will remain bookable by other parties, unless otherwise advised by the Owner.
Once Your initial payment has been received, You will receive a confirmation email containing the details of Your booking. You should check that these details are correct, confirm the dates required, and the total number of guests and beds required. Special needs or requests should be communicated well in advance, and the Owner will respond with details of the appropriate extra charge, if any.
For bookings made more than one calendar month in advance, You are required to pay a minimum £100 deposit. For bookings made less than one calendar month in advance, full payment is required.
If You have paid a deposit, Your balance payment for the stay must be received no later than one calendar month before the date of commencement. You will be sent a reminder at this time by email, if the balance payment has not been received. The Owner reserves the right to treat the booking as cancelled after one calendar month prior to the date of commencement of the stay, if no balance payment has been received after this reminder.
Receipt of all payments will be confirmed via email, or by telephone on request, with details on how to access the house on arrival.
You are recommended to take out holiday insurance, in case of forced cancellation. If the reason for cancellation falls within the terms of Your insurance policy, any costs incurred will normally be refunded by Your insurance company on receipt of a valid claim, subject to their conditions. The Owner will supply confirmation of cancellation if necessary.
If you wish to cancel your booking, You should use the contact details shown on this website or in any previous correspondence to send a cancellation message, and You will receive confirmation. If You decide to terminate Your stay between your agreed arrival and departure time, this is effectively a cancellation of any remaining stay.
Travel and Natural Events
The Owner is not obliged to offer any compensation or refund in the case of failure of ferry and other public transport links. The Owner cannot be held responsible for natural disasters, weather-related events and other 'Acts of God' which are outside the Owner's control and result in Your stay being shortened or cancelled.
- Within 7 days from Your initial payment: You have the right to fully cancel your booking at no charge. All payments You have made will be returned in full.
- After 7 days from Your initial payment, and more than 7 days prior to Your arrival date: £100 of Your payment is non-refundable, but any balance payment will be refunded after Your cancellation.
- After 7 days from Your initial payment, and less than 7 days prior to Your arrival date: 100% of Your payment is non-refundable.
Transfer Of Booking & Deposit
Within two years of Your cancellation, You have the option of transferring Your booking to any other currently available stay. This allows You to carry forward any non-refundable payment You have made.
- If You have paid a deposit only, You can choose a shorter stay than Your original booking if You prefer.
- If Your original balance has been paid, any increase in price for the new stay would be payable in addition, but not any decrease.
- You may transfer Your stay up to three times.
- Your balance payment would be due within the normal timescale prior to your entry date.
If Your booking period should become unavailable due to circumstances beyond the Owner's control (for example fire or weather), Your entire payments will be returned in full and the Owner will make reasonable efforts to find a suitable alternative property, or the Owner may offer You an alternative stay at a discounted rate as compensation. You will have no further claim against the Owner in either case. The Owner will not be liable to refund You for any fees You may have paid to any third party in connection with Your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
SMOKING & PETS
Smoking is not allowable within the Accommodation under any circumstance. There is a decked patio area just outside the upper entrance where guests can smoke.
We regret that dogs or other pets are now strictly not allowed at Back Brae Lodge. This applies to all indoor and outdoor areas of the property. Years ago we did allow pets, however some dog owners didn't respect our rules, which resulted in persistent moulted hairs throughout the house and dog excrement left around the building. Regardless of whether this was accidental, we didn't feel confident in maintaining the highest standard of cleanliness for the guests immediately following, during the time available for changeovers between stays. In addition, we also may have returning guests who suffer from animal hair allergies or other sensitivities, and who have booked with us in the past specifically on the basis that the house has been pet-free. For the avoidance of any doubt, all advance payments from dog owners who were unaware of this rule will be returned in accordance with our current cancellation policy. We do not risk guests' or housekeepers' health, and strictly enforce this rule. Guests found to have brought dogs or other pets anywhere on to the property will be in breach of these terms and conditions and asked to leave with immediate effect.
ARRIVAL & DEPARTURE
Unless otherwise arranged with the Owner, holiday stays normally start at 3.00pm on Friday or Monday, subject to unavoidable housekeeping delays, and end at 11.00am on the following Friday or Monday. Arrangements must be made to depart the premises by the agreed time, to allow housekeeping for following guests. You should ensure that the Accommodation is left in a reasonably clean and tidy condition. You will be liable for any costs incurred as a result of an unauthorised extension of your stay.
A travel cot with sheet and mattress is provided for a baby, a high chair, and a stair gate for the top of the internal stairway. The house is not furnished to be completely toddler-proof - parents should be extra vigilant with small children and should undertake a safety check throughout the house after arrival. Inside the house there is a flight of internal stairs and an open-plan kitchen. Outside the house there are steep rocks, walls and stone steps. If you have children of any age staying with you, you are obliged to take full responsibility for their actions.
TELEPHONE & INTERNET
All outgoing UK landline calls (including 0800, 0845, 0870) of up to one hour are free of charge from the landline telephone supplied, however if other significant chargeable calls (eg to mobile phones or international) are made, these will be billed to you after your stay. The mobile phone signal in the house is good but may be patchy or non-existent elsewhere in Mull.
BREAKAGES, LOSS & DAMAGE
You bind and oblige yourself to pay the Owner in respect of significant breakage, loss or damage to any item in the house, beyond fair wear and tear. You must reimburse the Owner using one of the standard payment methods after your stay has ended, at the cost determined by the Owner. Significant loss or damage requiring immediate repair or replacement, and affecting guests in the following booking period, will be pursued by legal means if no adequate reimbursement is received.
You are responsible for keeping the Accommodation fully secure with all doors locked and windows closed, when it is vacant during your booking period, unless otherwise arranged with the Owner. No items, fixtures or fittings should be removed from the Accommodation, left outside unattended or in wet weather.
The Owner's maximum liability for losses You suffer as a result of the Owner acting in breach of these terms and conditions is strictly limited to the total fees You have paid for the booking. The Owner shall not be liable for any losses which are not a foreseeable consequence of the Owner breaking these terms. Losses are foreseeable where they could be contemplated by You and the Owner at the time Your booking is confirmed.
Your booking is made as a consumer for the purpose of a holiday and You acknowledge that the Owner will not be liable for any business losses howsoever suffered or incurred by You. The Owner shall not be liable to You for any personal injury or damage to or loss of personal property, except where it is caused by the Owner's negligence. This does not exclude or limit in any way the Owner's liability for death or personal injury caused by the Owner's negligence or for fraudulent misrepresentation, or for any matter for which it would be illegal for the Owner to attempt to exclude or limit liability.
The Owner will not be held responsible for any temporary or unexpected condition of the rented premises or its services (water, electricity) as a result of extreme weather conditions or other factors outwith his control.
The use of the Accommodation by You is according to the terms of Section 12(2) and Schedule 4, Section 8 of the Housing (Scotland) Act 1988, and any subsequent amendment. This means that the Accommodation is to be used for holiday lets only and may not be sub-let. Save as otherwise provided herein, these terms shall be governed by and construed in accordance with Scots law and the parties hereby prorogate the non-exclusive jurisdiction of the Scottish courts.
If at any time any part of these Terms & Conditions is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
Information requested by the Owner during the booking process will be kept private and only be used for the purposes of:
- communicating with You about Your forthcoming stay
- contacting You by email for feedback on Your previous stay
- contacting You by email a few times per year to inform you of newly available stays and offers - if You do not wish to receive these messages, You may use the Unsubscribe link in the email received, or ask the Owner directly at any time to be unsubscribed
The Owner is entitled to pass contact information to third parties where required to do so by regulation - for example for COVID-19 Test And Protect purposes.
THANK YOU FOR YOUR UNDERSTANDING AND CO-OPERATION.