Definition of Terms
1. The Agent - Dickins
2. Tenant/ Hirer / User - Person or Persons entering into a contract to let a property and their guests
Booking and Deposit
1. Bookings will be confirmed upon receipt by Dickins of the required deposit payment, which includes the appropriate booking fee. However, if the booking is made within eight weeks of the commencement date of hire, the full rental and deposit must be paid.
2. The balance of hire will be due for payment eight weeks before the commencement date of hire. Dickins reserve the right to cancel a booking where full payment is not received within four weeks of commencement of hire.
3. Once a booking has been accepted by Dickins it can only be changed to another property by treating the original booking as a cancellation. Holiday dates may be changed providing the originally booked property is available for the new dates and the owner is agreeable to the change. A handling charge of £25 + VAT will be payable.
4. Once a confirmation of booking has been issued by Dickins and the deposit and booking fee paid by the hirer, the hirer is responsible for the total price detailed. If cancellation occurs once payment has been made the hirer is responsible for the price in full unless Dickins are able to re-let the property, in which case the hirer will be reimbursed with the value of the re-let, less a re-letting administrative charge of £75 + 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. Best endeavours are made to return deposits, less any deductions within four weeks of the end of the hire period.
Although Dickins do not provide cancellation insurance, customers can purchase insurance independently please www.dickins.co.uk/cancellationpolicy
The Tenant/hirers' Obligations
1. All Dickins properties are strictly No Smoking, a penalty of £200 will be charged for smoking in a Dickins property.
2. The use of the accommodation is entirely at the users risk and no responsibility can be accepted for injury, or loss or damage to users’ belongings. Baggage and personal belongings are at the hirers risk at all times.
3. Where the property has been booked by a company or agent on behalf of a third party then the third party shall be disclosed to Dickins. Furthermore the hirer takes full responsibility for the actions of that third party and his/ her guests. The hirer must ensure that the third party is 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 reserve the right to refuse admittance if this condition is not observed. In addition, Dickins 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 hirer is responsible for the property and is expected to take all reasonable care of it. All 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. 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. 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.
6. If a property is not left by hirers in the condition in which they found it, then Dickins will arrange for trades to clean/repair/replace issues which have arisen and these will be charged to the hirers deposit together with an administrative fee of £15 plus VAT for each trades person we need to organise. A fee of £40 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 £40 plus VAT will be charged for each shop we need to visit to replace any damaged or broken items. If we 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 Dickins believe the issue(s) has been caused by the hirer and immediate action needs to be taken to rectify the situation, a charge of £75 plus VAT will be made and a £40 plus VAT admin fee will also be made for each trade we need to organise.
7. All damages and breakages are the legal responsibility of the hirer and their cost shall be refundable on demand.
8. All sets of keys should be returned to Dickins, the owner, or left in a mutually acceptable location by 11am 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 hirers’ deposit. Reasonable charges will be made for lost keys. A £40 plus VAT administration charge will be made if keys are left in your property and need to be retrieved.
9. Hirers may move into a property at 4pm on the first day of hire and must vacate by 11am on the final day of hire, unless a prior arrangement has been made with Dickins. Where no prior arrangement has been made and hirers either arrive early, or stay late then Dickins 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 Dickins 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 neighbours and not cause undue noise.
14. You will permit the owner or us (with or without workmen or others) at reasonable times and on reasonable notice to enter and inspect, 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 hirers report a fault and Dickins call out trades-people who discover that no fault exists then the hirer will be charged for the tradesmen’s invoice. If an arrangement has been made with hirers for access to a property and then access cannot be gained, then hirers 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.
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.
● 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 Dickins, 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.
Non-availability of Property
● 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.
● 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.
Governing Law and Jurisdiction
● 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.
Breach of Contract
1. In the first instance the following steps should be taken:
● Contact Dickins
● The complaint will be documented and investigated
● Appropriate actions will be taken to try and ensure a satisfactory resolution for all inclusive parties.
2. In no circumstances can compensation be made for complaints raised after the tenancy has ended if the hirer failed to advise the Agent 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 hirer 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.