1. Agency
2. How To Make Your Booking
3. Prices
4. Alterations and Amendments
5. Cancellations
6. Terms of Let for Accommodation
7. Description of Services
8. Special Needs and/or Special Requests
9. Pets
10. Right of Inspection
11. Right to Refuse Entry
12. Risk
13. Force Majeure
14. Indemnity
15. Notice in Terms of Housing Scotland Act 1988
16. Visas and Passports
17. Health
18. Data Protection Act - Privacy Statement
19. Holiday & Travel Insurance
20. Consumer Protection Insurance
21. Law

1. AGENCY

These terms and conditions set out the terms on which Scotsell Limited, a company incorporated under the Companies Acts in Scotland (registered number SC77678) and having its registered office at 20 Hydepark Business Centre, 60 Mollinsburn Street, Glasgow G21 4SF and its trading division, Scottish Country Cottages, operating from the same address ("Scotsell") agrees to provide to a customer ("you") a travel agency service, providing reservations for accommodation and where applicable, travel arrangements ("the Service").

Please note that Scotsell is only the agent for the person or persons providing the accommodation and/or travel or their agents or employees ("the Providers") and is not responsible for the actual provision of accommodation or travel. For the avoidance of doubt, unless otherwise specified in the brochure, on the booking confirmation/advice of amount due and/or the itinerary issued by Scotsell to you no meals are included as part of the Service.
All travel arrangements are made on your behalf and all tickets issued are subject to the Conditions of Carriage of the Providers concerned. Copies of the Conditions of Carriage can be obtained direct from either Scotsell or the Providers.

In these terms and conditions all self-catering holidays marketed in the brochure as Scottish Country Cottages will be referred to as "Scottish Country Cottages Holidays" and the remainder of holidays will be referred to as "Scotsell Holidays". The terms and conditions for each type of holiday are slightly different and if you are in any doubt, you should seek further guidance from Scotsell.

2. HOW TO MAKE YOUR BOOKING

Your chosen holiday will be reserved by Scotsell for you, pending receipt of your completed booking form and required deposit of either £75 per person for all Scotsell Holidays and £75 per Cottage (as hereinafter defined) per week for all Scottish Country Cottages Holidays (both sums of money are referred to hereafter as the "Deposit") or as otherwise advised at the time of booking.

When you complete the attached booking form and return it to Scotsell, together with your Deposit or full payment, or make a booking by telephone or e-mail with payment by credit or debit card, you will be deemed to have accepted these terms and conditions and their application to your chosen accommodation and/or travel arrangements.

The booking confirmation/advice of amount due (the "Booking Confirmation") and where applicable, the itinerary confirming accommodation bookings and travel arrangements will be sent to you by Scotsell upon receipt of your booking form and Deposit. A contract will exist once Scotsell issues their Booking Confirmation to you confirming the details of your chosen accommodation and/or travel arrangements (the "Holiday").

The balance of payment is due not later than 42 days before the first day of the Holiday (the first day of the holiday being "the Commencement Date") and this date will be detailed on the Booking Confirmation. If payment is not made within the said period of 42 days, the booking will be deemed to be cancelled and clause 5 will apply. In the event that you make your booking for the Holiday within 42 days of the Commencement Date, you are required to make full payment for the Holiday when submitting your booking form to Scotsell.

Full documents, including travel documents and information, will be sent to you upon receipt by Scotsell of the balance of payment due for the Holiday. Unless otherwise specified, no minimum number of people is required in respect of any of the holidays provided by Scotsell.

3. PRICES

Prices include VAT (where applicable) at the rate applicable at the time of going to press.

4. ALTERATIONS AND AMENDMENTS

Scotsell will make every effort to provide the Holiday once you have made a booking. Scotsell does, however, reserve the right to make minor amendments to the Holiday and will inform you as soon as possible of any such amendments. All travel times are provided by the Providers and are subject to change because of weather conditions and technical problems. The timings are therefore estimates only and cannot be guaranteed. Scotsell will not be liable if modes of transport are delayed, but you may be able to make a claim under the travel delay section of your insurance policy.

If you wish to make a variation to your Holiday, Scotsell reserves the right to make an administration charge of £20 for every variation made by you. Alterations cannot be accepted within 28 days before the Commencement Date.

5. CANCELLATIONS

Scotsell reserves the right to cancel or change any Holiday but will, where possible, with your agreement, offer suitable alternative arrangements or, if these are unacceptable, refund all monies paid.

If, through circumstances beyond your control, you are compelled to cancel your Holiday, you should immediately notify Scotsell by telephone and confirm the cancellation in writing immediately by first class post. If you have to cancel the Holiday, for whatever reason, you may be able to transfer your holiday booking to a third party or alternatively, every effort will be made by Scotsell or by the Providers to re-let the accommodation.

The cancellation charges which will be made by Scotsell depend upon whether the holiday is a Scotsell Holiday or a Scottish Country Cottages Holiday but in each case, Scotsell reserves the right to make different cancellation charges for all Holidays in respect of seasonal and/or special packages, but these will be specified in each case in the brochure or at time of booking.

In the case of a Scotsell Holiday, Scotsell reserves the right to make a cancellation charge representing both the Providers' and their own loss and expense. For cancellations 28 days or more prior to the Commencement Date, the Deposit only will be retained together with any extra administration or cancellation charges incurred by Scotsell which, for ferry bookings, will include charges made by ferry companies.
All cancellations less than 28 days prior to the Commencement Date are subject to the following charges on the full price of the Holiday:-
27 days to 14 days prior to the Commencement Date: 60%; 13 days to two days prior to the Commencement Date: 80%; Thereafter: 100%.

In the case of a Scottish Country Cottages Holiday, if the accommodation is re-let, any sums paid by you (less any charges incurred by Scotsell for any extra advertising and administration) will be repaid at the discretion of Scotsell (the maximum amount retained will be the Deposit together with any charges incurred by Scotsell for any advertising and administration). If the accommodation is not re-let then you will be liable for the full price of the Holiday, regardless of when the Holiday is cancelled.

Please note that if the reason for cancellation falls within the terms of your insurance policy the above charges will normally be refunded to you by the insurance company on receipt of a valid claim - subject to their normal conditions.

6. TERMS OF LET FOR ACCOMMODATION

Every effort is made by Scotsell to ensure that the accommodation reserved on your behalf is of a satisfactory standard and complies with applicable laws and that all accommodation providers hold the standards specified relative to their entry in the Scotsell brochure (the "Accommodation").

For all Scottish Country Cottages Holidays, the accommodation is provided in a self-catering property (the "Cottage"). Terms of let for the Cottage are quoted on a weekly basis and the maximum period of let is three weeks. Subject to delays caused by reasons outwith the Cottage providers' control, the period of let starts at 4.00pm on the first Saturday and ends at 10.00am on the last Saturday (unless otherwise specified) on the dates as confirmed by Scotsell on their Booking Confirmation. The Cottage is let for holiday purposes only and may not be sub-let; nor may it be occupied overnight by persons other than those comprising the party referred to in the booking form.

In all cases, the person signing the booking form must be a member of the party occupying the Accommodation. The total number in your party shall not exceed the capacity of the Accommodation as stated in the brochure. No items, fixtures or fittings shall be removed from the Accommodation or left outside at any time. You must report and pay for any breakages or losses to the Cottage provider at the time of the incident. On the day you are due to leave the Accommodation, you and your party must vacate the Accommodation at the required time and leave everything in a clean and tidy condition. You shall be legally bound to reimburse Scotsell and the Providers for replacement,
repair or extra cleaning costs on demand, including lost keys.

7. DESCRIPTION OF SERVICES

All descriptions of the Service are published in good faith and are accurate at the time of going to press. However please note that changes can occur. Any complaints or criticisms about the Holiday must be taken up with the Providers immediately and within 24 hours of the time of the difficulty or shortcoming becoming apparent and Scotsell should be informed at the earliest opportunity. If capable of remedy, either Scotsell or the Providers will use all reasonable endeavours to remedy the difficulty or shortcoming. If you remain dissatisfied, you must write to Scotsell at the above address within 28 days of the last day of the Holiday with which you are dissatisfied. Scotsell will then use reasonable endeavours to further investigate the complaint and will report back to you with any offer of redress which Scotsell in their sole discretion deem to be appropriate in the circumstances.

8. SPECIAL NEEDS AND/OR SPECIAL REQUESTS

To ensure that the Holiday is suitable for persons with special needs and/or those who have special requests, it is essential that all booking applications from parties including people with special needs and/or special requests give Scotsell written details of those needs. Scotsell reserves the rights to make an additional charge for any special requests (but not, for the avoidance of doubt, those with special needs only), which be notified to you on the Booking Confirmation. Neither Scotsell nor the providers will be responsible for the provision or non provision of special facilities which have not been specifically requested by you at the time of completing the booking form. In accordance with the Data Protection Act 1998 your supplying Scotsell with these details will be your explicit informed consent to Scotsell to enable them to disclose those details to Providers where this is necessary for special facilities to be provided to enable the Holiday to be performed. Save as required to perform the Holiday, these details will not be disclosed by Scotsell to any other parties.

9. PETS

Pets may be accepted but only if you have notified Scotsell on the booking form of the type, breed and number of pets and Scotsell have indicated their acceptance of the arrangements on the Booking Confirmation or itinerary which is issued to you. If Scotsell confirm that you may bring pet(s) to the Accommodation, you must bring suitable bedding for them and keep them under control at all times having due regard for persons, property and livestock. All pets must be well house trained and properly supervised, and must not be allowed to come into contact with the bedding and soft furnishings. You will be liable for all sums due or that may become due or any penalties which may result in the event that your pet causes any injury or damage to any persons, livestock or property and you will indemnify Scotsell and the Providers accordingly.

10. RIGHT OF INSPECTION

Scotsell, the Providers or either of their agents whomsoever reserve the right to enter the Accommodation at any time by giving reasonable notice of their intention to do so, for the purpose of inspection or carrying out necessary repairs or maintenance, unless they reasonably determine that there is an emergency, in which event they will be entitled to enter the Accommodation without giving notice.

11. RIGHT TO REFUSE ENTRY

Scotsell and the Providers reserve the right to refuse admission or entry to their premises to all or any persons, and may require all or any persons to leave their premises, without refund, whom they consider to be in breach of these conditions. This includes persons who cause a nuisance or damage to premises or conduct themselves in an offensive or disorderly manner. In such event Scotsell will not be liable for making any payment to you and will retain all monies paid by you as per clause 5 above.

12. RISK

In so far as may be permitted by law, no responsibility will be accepted by Scotsell, the Providers, or any of their agents whomsoever for any injury, accident or damage to persons or property, or loss or theft thereof arising howsoever or wherever, other than in the case of the fault or negligence of either the Providers or Scotsell or their employees or agents.

13. FORCE MAJEURE

Your booking is accepted on the understanding that, although occupation of the accommodation is to be given to you for the period specified on the Booking Confirmation, and travel arrangements made on your behalf are done so in good faith, if it should be or become impossible due to circumstances beyond the control of Scotsell or the Providers to provide the Holiday, you shall be entitled to a refund of not more than the amount paid by you for the Holiday. In particular, but without limitation, Scotsell and the Providers cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused to you by acts of terrorism, war, riots, industrial action, floods, fires, delays or weather conditions or the threat of any of these.

14. INDEMNITY

You will indemnify Scotsell and the Providers against loss and damage or injury sustained to property or persons as a result of any breach of these conditions by or arising through the fault of you or any member of your party. In addition certain proprietors of the Cottages reserve the right to ask all parties to pay a security deposit in advance of the Commencement Date or on arrival. When this is required you will be informed at the time of booking and the deposit (and the amount payable) will be confirmed to you on the Booking Confirmation issued to you by Scotsell.

15. NOTICE IN TERMS OF HOUSING SCOTLAND ACT 1988

The use of the Cottage by you is in terms of Schedule 4 Section 8 of the Housing (Scotland) Act 1988 and any subsequent amendment thereof and confers on you the right to occupy the Cottage for the period agreed for holiday purposes only.

16. VISAS AND PASSPORTS

A British Citizen does not require a passport or visa for travel to any of the destinations in Scotland featured in this brochure. A passport is required for the Faroe Islands. For any non-British Citizens, they will require to make their own arrangements to ensure that they have current passports and any required visas.

17. HEALTH

There are no special health requirements for any British Citizens going to any of the destinations in Scotland featured in this brochure. All non-British Citizens should seek their own guidance prior to booking the Holiday to ensure that they are aware of any appropriate health requirements.

18. DATA PROTECTION ACT - PRIVACY STATEMENT

Information requested by Scotsell in terms of these conditions will only be used by Scotsell for the purpose of providing you with the Holiday, updating their customer records, or contacting you for marketing and research purposes. Relevant information will be passed to the Providers in connection with your Holiday and to our sister organisation, Tour Scotland by Car Limited, for marketing purposes. If you do not wish us to send you details of any of our or Tour Scotland by Car Limited's other goods or services, such as next year's brochures, please tick box on the booking form.

19. HOLIDAY & TRAVEL INSURANCE

When you book your Holiday with Scotsell you may require to travel by sea or air to reach your Accommodation. Now and again things can go wrong, for example, fog can result in cancelled or delayed flights, or severe weather can affect the timings of your ferry.

For all Scotsell Holidays, we strongly recommend that you take out full Insurance covering risks such as cancellation and delay.

For all Scottish Country Cottages Holidays, insurance against cancellation is compulsory and unless you have your own insurance policy, which offers similar or better protection against cancellation, you are required to purchase Scotsell's Insurance policy (see below). For the avoidance of doubt, the cost of Insurance is not included in the price of the holiday.

As Scotsell believe it is so important that their clients should be adequately covered, Scotsell have arranged a Travel Insurance Policy underwritten by All Seasons Underwriting Agencies Limited for all Holidays. Summary of Cover - Loss of Deposit and Cancellation and Curtailment - up to the value of the holiday booked to a maximum of £1,500 per insured person. Delayed Travel - £20.00 after first 12 hours, £10.00 each subsequent 12 hours up to £60.00 per person. Personal Liability - up to £1,000,000.

Holiday arrangements made or undertaken against the advice of any registered medical practitioner, for the purpose of obtaining medical treatment, or where you or anyone upon whom the holiday plans depend have received a terminal prognosis will render the policy invalid.

Loss of Deposit and Cancellation cover is effective from the time your premium is received and all other cover becomes effective on the start date of your Scotsell holiday for UK Residents. Scotsell regrets that they are unable to cover non UK residents with this Policy. You must arrange your own insurance prior to leaving home.

A copy of the wording for this Insurance Cover is available from Scotsell on request, but in any event all the terms and conditions will be shown in full on the Certificate which will be sent to you once the correct premium has been received by Scotsell.

Your policy is governed by English Law unless you and your insurers have agreed otherwise. If you would like more information, you should contact Scotsell, particularly if you feel the insurance may not meet your needs.

20. CONSUMER PROTECTION INSURANCE

In accordance with the EU regulations on package holidays, all passengers booking accommodation and travel; and/or another service with Scotsell are fully insured against the loss of monies paid to them for the holiday (and repatriation if required) due to insolvency, as arranged by Status Insurance Management, 26 Cromwell Avenue, Billericay, Essex CM12 0AE.

21. LAW

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.