Our Terms & Conditions
Terms of Rental
for our Holiday Houses
We, Brewlands Estate, trading as Brewlands Farms, (The Owner) arrange bookings of holiday accommodation and sport. Your contract is between you and the Owner and is subject to the Terms & Conditions as laid out in this document. (Nothing in these conditions affects your statutory rights).
By booking with us you agree to accept and comply with the Terms & Conditions.
As the person making the booking it is your responsibility to ensure that other members of your party are also aware of and comply with these Terms & Conditions.
You are responsible for making all necessary payments and for ensuring all information provided to us is accurate.
The Owner’s staff have no authority to vary the Terms & Conditions of trading and no telephone or other conversations, description or opinion, albeit in good faith, shall be held to alter the Owner’s printed matter.
We reserve the right to ask clients to leave without the rent being refunded in the event of inappropriate behaviour towards our staff or wilful damage to property or contents or the estate.
PERSONAL DETAILS
Information you provide will be forwarded to the House Manager who will contact you with regard to your forthcoming booking.
You agree that any photos taken by our staff of activities in which you and your party participate may be used by the Estate for promotional purposes.
Please see our Privacy Policy for further information on how we will process your data. We aim to be as clear and transparent as possible.
YOUR HOLIDAY HOUSE
The accommodation is offered for the sole purpose of holiday lettings and must not be occupied as your principal home or retained beyond the dates that have been booked and paid for.
Your booking is for personal use only and may not be resold or used for commercial purposes without the Owner’s prior written consent.
Your booking should be for holiday accommodation purposes only unless otherwise agreed in writing. Our properties must not be used for party purposes, weddings or filming without prior written agreement. If such a usage is agreed, a facility fee will be charged. The cost of any breakages, losses or excessively heavy cleaning required will be charged. A Facility Fee will be payable for a function or party where the numbers using the property exceed the capacity the house can sleep.
You may arrive at your accommodation after 16.00 hrs on the start date of your holiday and you must have vacated the property by 10.00 hrs on your final day. If you anticipate being much later than 16.00 hrs, please contact the House Manager, 24 hours in advance to let them know and to make alternative arrangements to collect the key. If you fail to do so you may be unable to gain access to the property.
You agree to keep the house clean and tidy and to leave the house in a similar condition of cleanliness to when you arrive. Any additional cleaning of the property, following your departure, beyond the normal amount reasonably required, may be charged as extra and deducted from your credit card.
The numbers in your party must never exceed the stated house capacity for accommodation or entertainment in either the house or grounds except by written prior agreement. If clients exceed this, they may be asked to vacate the property immediately and the full rent will be forfeited.
If any of the furniture in the drawing room at Brewlands Lodge is moved by the guests a fine of up to £500 may be levied.
The Owner or their representative shall be allowed the right to enter the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
We aim to ensure that all information provided on our website and via other channels is as accurate as possible, however there may occasionally be small differences between the accommodation and its description. Occasionally some facilities may not be available or may be restricted. Wifi provision is subject to network conditions, which are outwith our control.
We cannot be held responsible for changes or closures to local amenities we have suggested in good faith.
FIRE SAFETY
Our insurers insist that:
No candles of any kind may be burned within the accommodation. Battery operated candles are permitted.
No extension leads or adapter plugs may be used within the accommodation.
Fires lit in the accommodation’s log-burner must be fully extinguished at least one hour before vacating the premises.
Electric vehicles must not be charged from any household plug socket.
SMOKING
Please do not abuse the no smoking regulations at the houses. If this is breached the Owner will charge the cost of cleaning or replacing soft furnishings. E cigarettes are not permitted inside.
GUNS
CLAY PIGEON AND TARGET RIFLE SHOOTING
You will be supplied with a gun by the Keeper. The Keeper will remain with you at all times.
We reserve the right to ask any person to leave the shooting field if they are considered by the Keeper in charge of the shoot that day to be shooting or otherwise behaving in a dangerous fashion, and no refund will be given.
Gun safety is the responsibility of the Head Keeper of Brewlands Estate. His decision on gun safety will be final.
DRIVEN, MINI-DRIVEN, WALKED-UP, DUCK-FLIGHTING AND STALKING
Absolutely no guns are allowed on Brewlands Estate without the prior written agreement of the Owner. We reserve the right to cancel your booking without refund should you breach this condition.
No shoot will commence until full payment has been received.
We reserve the right to ask any person to leave the shooting field if they are considered by the Keeper in charge of the shoot that day to be shooting or otherwise behaving in a dangerous fashion, and no refund will be given.
Neither Brewlands nor its agents shall be liable for any death or personal injury arising out of any accident whatsoever which may occur on a day’s shooting, for any reason. It is essential that each person shooting should be covered by adequate Third Party Liability Insurance and Brewlands reserves the right to see proof of such cover. Failure to provide evidence of such cover will entitle Brewlands to cancel the booking.
Gun safety is the responsibility of the Head Keeper of Brewlands Estate. His decision on gun safety will be final.
DOGS
Dogs are charged at £35 per dog.
If you have booked to bring a dog with you, please observe the individual house regulations contained in the in-house information pack.
For all houses dogs must not be allowed either upstairs or on soft furnishings, or in the hot tub, and if a dog is found to have been left unattended in a property a charge of £100 will be made.
All dog faeces must be removed from the garden or immediate surrounding area.
No dogs except assistance dogs are allowed into Brewlands Lodge without written permission.
YOUR BOOKING
You must be 21 years or over when you book the accommodation.
We have the right to refuse any booking prior to the issuing of any confirmation in writing.
When you receive your confirmation, you must check all the details carefully for accuracy and contact us immediately if you find any discrepancy.
RENTALS AND CHARGES
In order to secure a booking, you need to make a deposit payment of 50% of the total rental.
You are then responsible for the balance of the rental, which is due no later than 6 weeks prior to your arrival. If your holiday date is within 6 weeks at the time of booking, you are required to pay the full rental amount at the time of booking.
Your credit card details will be taken by us on your arrival. All incidental expenses, e.g. cooking, heating fuel or activity charges, must be paid in full either during the holiday or prior to departure. Any charges left unpaid will be taken from your credit card.
Your card will be used for payment of all extras and for any damage you incur during your stay. The details will be destroyed 21 days after the end of your stay, subject to the property being left clean, tidy and without damage. In the event of a dispute the decision of the House Manager will be final.
Bed linen will be changed once per week. Outwith that if it is intended that some guests will stay for only part of the accommodation period and be replaced by others (a “changeover”), then there will be a pre-arranged changeover cost per room. If a changeover takes place which has not been pre-arranged a charge of £50 per room will be levied.
CHANGES TO RESERVATIONS BY YOU
Should you wish to change your reservation once we have issued a confirmation to you we may have to treat this as a cancellation of the booking which would then be subject to cancellation charges which may be as much as the total amount paid. We will advise you if this is the case and you will have the option to continue with the first reservation. Should we be able to transfer your booking to another property there will be an administration fee.
CANCELLATION BY YOU
If you have to cancel your reservation you must telephone the House Manager on the number shown on your booking confirmation as soon as the reason for the cancellation occurs. You must also confirm your cancellation by email. The day on which we receive the written cancellation is the day on which your reservation is cancelled.
Deposits are non-refundable in the event of a cancellation. If the booking is cancelled prior to the balance due date (6 weeks before the date of the holiday) the deposit will be withheld but the balance will not be charged. Should the cancellation take place after this date both the deposit and the balance will be withheld.
RESERVATION CANCELLATION OR ADJUSTMENT BY US
We hope that we do not have to either cancel or adjust your booking in any way: however, if unforeseen problems do occur, we will contact you immediately to discuss any proposed cancellation or adjustment. We will endeavour to find you alternative and similar accommodation on Brewlands Estate at a similar rental. If the alternative is unacceptable to you we will refund all of your original rental deposit.
The Owner shall not be liable for changes beyond our control.
COMPLAINTS
We hope that you will not have any cause for complaint but in the event of a problem arising, and should you have cause for complaint, you must, in the first instance, contact the House Manager immediately, as the House Manager must be given the opportunity to rectify the problem. Some problems are very easily rectified if notified. If, after this, you feel that the problem has not been resolved then you must, within 7 days of the end of your holiday, put your complaint in writing to The Owner, Brewlands Farms, The Estate Office, Doldy Farmhouse, Glenisla, PH11 8QJ, for their comments and response. Please send your letter to us marked Customer Relations.
Brewlands Farms take great care that the information they provide is accurate. However, they cannot be held responsible for any inaccuracies or for their judgement of the qualities of the properties or of the amenities in the area.
LIABILITY
In making a booking, you agree to indemnify us against all loss and damage arising directly or indirectly to the property and its contents from any deliberate or negligent act or omission by yourself, or any other person or animal accompanying you or any member of your party. You agree to use Brewlands Farms and its facilities at your sole risk. Brewlands Farms and its staff are not liable, under any circumstances whatsoever (including their negligence or the negligence of their employees) for any loss or damage to any belongings, nor injuries sustained by you or any member of your party. You are liable if you do any illegal file sharing of copyrighted content such as music or film from our internet.
LAW
The contract between you and the Owner is subject to Scots Law and is formed in Brewlands, Glenisla, Perthshire, Scotland.
If there shall be a breach of any of these conditions, the Owner and their representatives reserve the right to re-enter the property and terminate the tenancy without prejudice to the other rights and remedies of the owner.
Terms of Use
for our Website
ACCEPTANCE OF TERMS
This web site located at http://www.brewlandsestate.com/ (this “Site”) is provided by Brewlands Farms, conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By browsing, accessing, linking, using and/or downloading information (“Access” or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.
Brewlands Farms provides this Site and all related URLs (the “Services”) to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between Brewlands Farms and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person’s behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.
Contents
- Definitions
- Changes to Terms and Conditions
- Permitted and Prohibited Uses
- Copyright and Trademarks
- Links and Third Party Websites
- Submission of Information
- Agreement to Privacy Policy
- Disclaimers
- Limit of Liability
- Indemnity
- Arbitration
- Choice of law
- General
- Definitions
In addition to the terms defined throughout these Terms and Conditions, the terms “you”, “your” and “yours” refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms “we”, “us” and “our” refer to Brewlands Farms.
Changes to Terms and Conditions
Brewlands Farms reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions (“Changes”), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, Brewlands Farms grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
transfer the Content to any other person without the prior written explicit consent of Brewlands Farms;
use this Site in any manner that could damage, disable, overburden or impair this Site;
upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
disrupt or interfere with any other person’s use or enjoyment of this Site or associated or linked sites;
use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
use or attempt to use another’s account, password, service, system or other information without prior written authorization from Brewlands Farms, or create or use a false identity on this Site;
transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
Copyright and Trademarks
Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by Brewlands Farms. You may print or download one copy of the Content on this Site on a single computer for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from Brewlands Farms, or Brewlands Farms’ content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Brewlands Farms is prohibited.
Links and Third Party Websites
Brewlands Farms provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the website URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by Brewlands Farms of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Brewlands Farms or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of Brewlands Farms. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.
This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Brewlands Farms shall not have any liability whatsoever to you for any such third party material, data or information.
Submission of Information
Although Brewlands Farms may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Brewlands Farms through this Site, Brewlands Farms does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (eg. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Brewlands Farms through this Site. Except for personal information about you, any information you do send to Brewlands Farms through this Site will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, you hereby grant to Brewlands Farms a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.
Agreement to Privacy Policy
Brewlands Farms respects your desire for privacy. Brewlands Farms’ Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.
Disclaimers
All content and services provided on or through this site are provided “as is” and “as available” for your use. The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Neither Brewlands Farms, their affiliates and related entities, nor any of their respective employees, agents, third party content providers or licensors warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, those exclusions may not apply to you.
Limit of Liability
In no event shall Brewlands Farms, or their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused whether or not Brewlands Farms has been advised of the possibility of such damages, and their collective maximum liability to you under or related to this agreement shall in no event exceed one-hundred pounds sterling (£100). The limitations of liability and disclaimers in this agreement shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Brewlands Farms’ liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless Brewlands Farms, and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.
Governing Law
All matters relative to this Agreement shall be governed and construed in all respects by the law Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts.
General
The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between Brewlands Farms and you with respect to your use of this Site. Brewlands Farms’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. You acknowledge that Brewlands Farms is a third party beneficiary for all purposes under these Terms and Conditions.
