1 Bridge Street, Kelso, Roxburghshire, TD5 7HT
T: +44 (0) 1573 226711
Terms and Conditions
for Crabtree & Crabtree Lettings Ltd
Booking Terms and Conditions for Crabtree & Crabtree Lettings Limited
By booking a property through us you agree with us and the Owner that the booking and the booking contract are subject to the Booking Terms and Conditions which are set out below.
Within these Booking Terms and Conditions:
"you" and "your" means the person whose name appears in the booking confirmation as the party leader but these Booking Terms and Conditions apply to all other persons in the party (including anyone who is added or substituted at a later date);
"We", "us" and "our" means Crabtree & Crabtree Lettings Limited (incorporated in England with company number 06944414), trading as Crabtree & Crabtree of 1 Bridge Street, Kelso, TD5 7HT acting at all times as agent of the Owner;
“Owner” means the person or persons who own the property that is subject to the booking;
“booking” means the process set out below leading to the formation of the booking contract;
“booking contract” means the legal binding agreement between you and the Owner which comes into effect once a booking is confirmed in accordance with paragraph 2.4;
“property” means the property or properties in respect of which a booking is made;
“force majeure” means any event which we or the Owner could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our or the Owner’s control.
- General terms and conditions
1.2 You must be aged 18 years or over when the booking is made.
1.3 We and the Owner reserve the right to refuse any booking for any lawful reason.
1.4 Bookings for stag and hen parties are not permitted without prior consent of the Owner. The Owner’s consent may be subject to additional terms and conditions including an enhanced security deposit. This being the case we may need to seek further information from you on receiving enquiries or bookings for group single sex parties.
1.5 You may occupy the property for the purpose of a holiday only (as defined in the Housing Act 1988, Schedule 1, Paragraph 9) and it is understood that no assured shorthold tenancy, statutory periodic tenancy or any other type of tenancy will arise other than a holiday letting.
- Booking procedure
2.1 A deposit of 20% of the total rental cost of the property must be made at the time of the provisional booking.
2.2 Bookings made within eight weeks of the arrival date at the property must be paid in full at the time of the provisional booking.
2.3 All bookings remain provisional until payment has been received in cleared funds. Unless payment has been made within 48 hours of making the provisional booking (unless alternative arrangements have been made), the provisional booking will be treated as cancelled.
2.4 Once the provisional booking has been accepted and all payments then due have been made, we will send you confirmation by email that the booking is confirmed (unless confirmation by post is requested at the time of the provisional booking). Please contact us immediately if any information which appears on the booking confirmation is incorrect or incomplete.
2.5 All bookings remain provisional until confirmed by us in writing at which point the booking contract is formed.
2.6 The balance of the rental cost and security deposit (see 4 below) must be paid in full in cleared funds eight weeks prior to your date of arrival at the property unless you have already authorised us to take the balance of payment from your debit or credit card. A reminder will be sent to you by email one week before this date. Failure to comply with our payment terms may lead to the booking being treated as cancelled whereupon our standard cancellation terms will apply (see paragraph 10 below).
- Prices and payment
3.1 Our quoted prices are per property for accommodation only and include (where applicable) VAT, cleaning on departure, bed linen and towels, electricity, gas, water, central heating and pool heating (where applicable). Please refer to the property description for any additional charges, for instance for logs or dogs. Beach towels and cot linen are not included, unless otherwise stated in the property description.
3.2 Payments can be made in UK sterling by bank transfer, by credit or debit card or by cheque (unless the booking takes place within two weeks of the date of arrival at the property). Post-dated cheques will not be accepted. You will reimburse us for any charges raised against us for handling dishonoured cheques, overseas bank transfers or other payments.
3.3 Please note that credit card charges apply at the rate set by the credit card company (please contact us for details). There is no charge for payments made by debit card.
3.4 Our booking system is PCI compliant and protected by Secured Socket Layer encryption.
- Security deposit
4.1 A security deposit is required to cover the cost of any damage or breakages to or at the property, its contents or grounds, any additional cleaning required over the time allowed for a standard departure clean, replacement of lost or non-returned keys (and replacement of locks if necessary), a penalty fee and the cost of professionally cleaning the soft furnishings where the no smoking rule has been ignored, replacement of soiled mattresses, the cost of telephone calls if applicable (over and above the stipulated amount of calls included as part of the booking), late departure (if not agreed), over occupancy of guests or pets or taking pets into a property that does not permit pets.
4.2 We will inform you at time of making the booking of the amount of the security deposit.
4.3 An enhanced security deposit may be required for certain types of booking including events and group single sex bookings (where they have been permitted by the Owner).
4.4 We will hold your credit or debit card details used to pay the deposit or balance of the booking for the security deposit, unless you state otherwise and provide us with alternative debit or credit card details.
4.5 If you pay the balance of the booking fee by bank transfer or cheque, credit or debit card details for the security deposit must be provided at time of payment. You agree to us holding your card details for the purpose of payment of the security deposit or any part of it or for any additional sums which are payable by you in accordance with paragraphs 4.9 – 4.12 below.
4.6 If you fail to provide credit or debit card details for the security deposit on request, we reserve the right to treat the booking as cancelled whereupon our standard cancellation terms will apply (see paragraph 10 below).
4.7 The credit or debit card provided in respect of the security deposit must be valid for a month after the booking departure date.
4.8 The housekeeper or Owner will inspect the property after your departure.
4.9 You will only be notified if there is cause to charge any proportion of the security deposit.
4.10 We will notify you of any damage or breakages noted along with images provided by the Owner (where applicable) within 5 working days of your departure from the property. Charges up to the value of £50 are at the discretion of the Owner. You will be charged where the cost of repair or replacement totals £50 or more. In the event of minor breakages (e.g. glasses), the item(s) should be replaced like for like or cash left for replacement.
4.11 The costs referred to above will be charged to your credit or debit card which we hold for the security deposit.
4.12 If the security deposit specified at time of booking is not sufficient to cover the costs referred to above we will charge the full amount of the security deposit and the balance over and above this sum to your credit or debit card on the date that is 14 days after the amount has been notified to you.
4.13 If there is a delay in obtaining an invoice (for instance if repairs are involved), we will charge the security deposit or a proportion of it and will refund any excess to your debit or credit card once the final invoice is received from the Owner.
4.14 We will liaise with you and the Owner and seek to resolve any security deposit issues within four weeks following your departure from the property unless there is a dispute between you and the Owner over damage or we are awaiting bills/proof of damage from the Owner.
4.15 We reserve the right to charge a discretionary administrative charge of up to £50 including VAT for handling security deposit claims.
- Your obligations
5.1 You must arrive and depart within the check-in and check-out times stipulated for the property, unless special arrangements have been agreed in advance. Failure to check out on time may result in a charge of £50 (including VAT) being made to your security deposit where additional costs result.
5.2 You must keep the property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the date of your arrival and in the same state of general order in which they were found. We reserve the right to make a deduction from your security deposit for any additional cleaning required over the usual number of hours committed to departure cleaning.
5.3 Mattresses are checked after every booking. In the event of a mattress being soiled, you will be charged for a new mattress or sanitisation if the latter is viable. Waterproof mattress protectors can be pre-ordered at all properties and we urge you to request these in advance if you have any concerns to avoid any charges for soiled mattresses.
5.4 You will be charged for the cost of replacing bed linen and towels with permanent staining from fake tan or make up.
5.5 All of the properties are strictly no smoking and if you fail to observe this prohibition you will be charged a penalty in addition to the cost for the cleaning of soft furnishings and any other additional cleaning required to remove all traces of smoke from the property.
5.6 You must promptly report to the housekeeper, Owner or us any breakages or damage and you will be responsible for payment of any breakages, loss or damage to the property and/or its grounds or contents caused by you. In the event of minor breakages (e.g. glasses), the item(s) should be replaced like for like or cash left for replacement.
5.8 You are responsible for the neighbourly and appropriate behaviour of your party. Should you or a member of your party abuse the property or display dangerous, disrespectful, offensive or rude behaviour to our representatives or any third parties (e.g. neighbours), undertake any illegal activity, or any activity which may cause damage, or unreasonable noise or disturbance we and the Owner reserve the right to require the person(s) concerned to leave the property.
5.9 You are responsible for you and your party maintaining acceptable levels of noise at the property and within the grounds and vicinity of the property particularly between the hours of 10.00pm and 8.00am. In the event of you or any member of your party breaching this responsibility, we reserve the right to ask you to vacate the property.
5.10 Any changes to your party should be notified to us. In addition, you must not exceed the maximum number of guests permitted to occupy the property as stated in your booking confirmation, exceed the maximum number of guests the property accommodates or sublet the property without notifying us so that we may seek the consent of the Owner whose consent may be subject to additional terms and conditions.
5.11 For low occupancy bookings, only the number of bedrooms agreed at time of booking will be made available. If subsequently you use additional bedrooms or if the total party numbers exceed those stipulated at the time of booking, you will be charged the full cost of the accommodation.
5.12 If you intend to organise a function (e.g. party or wedding) at the property, you must seek prior permission from us. A facility fee and an increased security deposit may apply at the Owner’s discretion.
5.13 You must adhere to the policy on pets set out in paragraphs 13 and 14 below. Dogs are welcome at properties marketed as dog-friendly but you must not exceed the number of dogs allowed in the property unless with prior agreement of the Owner.
5.14 In the event of any breach of the obligations of this paragraph 5 you may be asked to vacate the property and in these circumstances the booking contract will come to an end immediately without any refund of payments made by you or any compensation for early termination. You will be liable for any costs or damages stipulated in these Booking Terms and Conditions caused by your breach and such costs and damages can be charged to the security deposit.
- Our liability and that of the Owner
6.1 Neither we nor the Owner excludes or limits in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our or the Owner’s negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the booking contract. However, we do not accept liability for any loss, damage, injury or death howsoever caused to you (or anyone in your party) or to your vehicles or personal property in circumstances where neither we nor the Owner have been negligent. Any valuables left at the property are left at your own risk. It is your responsibility to ensure that all doors, shutters and windows are closed and locked when leaving the property or when in the grounds. You should take out adequate travel insurance (including liability for accidental damage to the property, cancellation cover and medical and emergency expenses) prior to the commencement of your holiday.
6.2 Children within your party should be monitored by you at all times and it is your sole responsibility to check the suitability of any children's equipment which is provided at the property as neither we or the Owner can accept any responsibility for its use.
6.3 Neither we nor the Owner is responsible for noise or disturbance originating beyond the boundaries of the property.
6.4 Neither we nor the Owner can be responsible for the failure or interruption of the supply of water, gas, electricity or broadband to the property or the removal of waste water from the property or for the breakdown of domestic and mechanical equipment such as heating or plumbing systems, boilers and swimming pool filtration systems. In such circumstances, the Owner,
housekeeper or managing agent will take all reasonable steps to reinstate the supply or service or repair any equipment as soon as practicable.
6.5 At properties where broadband is provided, no responsibility is accepted for any failure of the service, nor can a minimum speed be guaranteed, particularly in rural areas.
6.6 We inspect the properties at least annually however we cannot accept any liability for any misrepresentation by the Owner or any changes made by the Owner without our knowledge following our last inspection.
6.7 All bookings and other arrangements made by us on your behalf with third parties (e.g. catering services) are subject to the terms and conditions imposed by those third parties. We do not take any commission for introducing you to such third parties or their services nor do we act as an agent on their behalf and in such circumstances we do not accept responsibility for these third parties or the services they provide.
6.8 Neither we nor the Owner are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the booking was made, both we and you knew it might happen.
6.9 Neither we nor the Owner can accept liability or pay any compensation where performance of our obligations to you is affected or prevented by or you otherwise suffer any damage, loss or expense of any nature as a result of force majeure.
- Access to the property
We, the Owner or our representatives have a right to access the property at any reasonable time during your stay to carry out essential maintenance. We will endeavour to give reasonable notice to you if practicable. Gardeners and maintenance staff may also enter the grounds during your stay but will try as best possible not to interfere with your enjoyment of the property.
8.1 In the event that a complaint arises whilst you are on holiday you should first contact the housekeeper or Owner promptly (their details will be found in the Guest Arrival Information or Property Information Book) to allow them an opportunity to rectify the matter. If the problem is not resolved to your satisfaction, please contact us immediately. It is important that this procedure is followed to allow us the opportunity to investigate the complaint during your holiday.
8.2 In the unlikely event that any problem is not resolved to your satisfaction during your holiday, you should send us written details of your concerns by email or letter within seven days of your return. Please note that posting complaints on social media is not an appropriate form of communication for resolving problems and we will therefore only deal with emails or letters sent by you in accordance with this paragraph.
8.3 We cannot accept complaints unless this procedure is followed. Complaints received after your holiday will not be accepted if we have not had prior notification of them and been given the opportunity to put matters right.
- Alterations to a booking
9.1 A booking can only be transferred to another property by treating the original booking as a cancellation and the terms at paragraph 10 will apply.
9.2 The dates of a booking may be changed providing the property is available for the new dates and the Owner accepts the new booking. Any difference in price must be met by you or will be refunded to you on confirmation of the new booking. Otherwise the original booking will be treated as a cancellation and the terms at paragraph 10 will apply.
- Cancellation of a booking
10.1 Cancellation by you of your booking must be given in writing. The effective date of cancellation is the date we receive written your notification and the cancellation charges detailed in the table below will apply.
Number of days before holiday start date that notification is received
Cancellation charge (as a percentage of the total cost of the booking)
More than 56 days
56 days or less
10.2 If you cancel we will endeavour to obtain a replacement booking. If a replacement is obtained, we will refund all monies paid by you for the rental, less any difference between the total price you paid or would have paid for the rental and the price paid by the replacement guest and less our administration fee as set out in paragraph 10.3 below.
10.3 Please note that all cancelled bookings will be subject to an administration fee of £30 including VAT.
10.4 Where bookings have also been made with third parties (e.g. for catering or transport services) you may be liable for any cancellation charges set out in their terms and conditions.
10.5 Acceptance of the cancellation of part of a booking is at the sole discretion of the Owner and if accepted will subject to the terms of this paragraph 10.
10.6 We recommend that cancellation insurance is taken out when making a booking.
- Alterations by us
11.1 In the interest of continual improvement we and the Owner reserve the right to make minor modifications to furniture, amenities and facilities without any prior notice.
11.2 We reserve the right to amend prices due to errors or omissions. You will be notified immediately and have the right to cancel the booking if the amended price is significantly higher than the original price quoted and we will refund to you all payments you have made in respect of the booking.
- Non-availability of the property
In the unlikely event that the property is not available on the date booked (owing for instance to essential major repairs, flood or fire damage or unforeseen sale of the property), if requested and if available we will try to arrange alternative accommodation of a similar type, price, standard and location. Alternatively, a refund of all monies paid by you to us will be made, or a proportion of the cost of the booking in the case of curtailment.
Where the unavailability of the property is the responsibility of the Owner a claim for any expenses which have already been incurred by you (e.g. travel costs) may be refundable on application to the Owner.
13.1 Well-behaved dogs are welcome in properties which are marketed as dog-friendly subject to the conditions set out in paragraph 13.2. There are no specific modifications to the property or facilities at the property to accommodate dogs. Please refer to the section of the property details entitled ‘Dogs’ for information on the number of dogs permitted at each property, any associated charges and any additional restrictions that may apply. Assistance Dogs are welcome at all properties.
13.2 In the event of you breaching the obligations of this paragraph 13.2, you may be charged a penalty fee or asked to vacate the property and the booking will terminate immediately without any refund or compensation but you will continue to be responsible for any costs stipulated in these Booking Terms and Conditions and we have the right to deduct such costs from the security deposit.
- you must not exceed the number of dogs allowed in the property unless by prior agreement with the Owner;
- dogs must be included on the booking form at time of booking or added before arrival and you must inform us of any amendments;
- dogs must not be left alone in the property at any time as this may cause distress to the pet or damage to the property. Please contact us for details of local dog day care;
- dogs are not allowed in the bedrooms or on furniture within the property;
- in the interests of hygiene and out of consideration for others, you must remove all traces inside and outside the property of dog occupation before final departure including dog hair and dispose of any mess in a sanitary and responsible manner;
- dogs must be free from fleas or parasites. Fleas or parasites found in the property after occupation with your dog will result in you being charged a fee for fumigation of the property which will be deducted from your security deposit;
- you are responsible for any damage both inside or outside the property caused by your dog and any associated costs will be deducted from your security deposit. If extra cleaning is required (above the usual number of hours committed to departure cleaning) after your occupancy with your dog, this will be deducted from your security deposit; and
- you must check the Property Information Book and adhere to any additional requests made by owners such as keeping dogs on leads when walking through livestock. We request that you exercise due diligence at all times, especially where the property is located near a road or livestock. Dog beds and bowls are not provided, unless otherwise stated in the property description.
13.3 Neither we nor the Owner can be held responsible for the safety of your dog whilst staying at the property.
13.4 Please note that where properties are not listed as dog-friendly, this does not guarantee that the property has not been occupied by pets in the past.
- Other pets
14.1 Pets other than dogs may be welcome with prior consent of the Owner but you must let us have full details of any pets at the time of making the provisional booking so that we can check with the Owner. Horses are welcome at some properties (see the Horses Welcome section of our web site).
14.2 Where other pets are accepted by the Owner as part of your booking, you agree to the obligations set out in 13 above (where applicable). In the event of any breach of these obligations you may be asked to vacate the property and the booking will terminate immediately without any refund or compensation but you will continue to be responsible for any costs stipulated in these Booking Terms and Conditions and we have the right to deduct such costs from the security deposit.
- Accuracy of marketing materials
15.1 The contents of our web site and any online or offline marketing materials have been prepared in good faith. We will inform you of any significant changes at the time of booking or as soon as possible afterwards if you have already booked, but we shall not be liable for any minor or insignificant inaccuracy in descriptions and information.
15.2 Neither we nor the Owner can accept responsibility for any changes or closures to local amenities or attractions mentioned on our web site and in other marketing material.
- Summary of your Legal Rights
16.1 We will carry out our obligations to you as set out in these Booking Terms and Condition with the reasonable skill and care to be expected of professional letting agents.
16.2 For detailed information on your rights as a consumer you can visit the Citizens Advice website www.adviceguide.org.uk
17.1 We make it our highest priority to ensure that the personal information you provide to us is secure and remains confidential at all times. Subject to paragraph 17.2 we will not sell or otherwise disclose your personal information to third parties. We will only disclose any personal information where the law either requires or allows us to do so.
17.2 Your identity and contact details will be made available to the Owner and housekeeper and some personal information may need to be passed to third parties where you have requested additional services, for instance chefs requiring dietary information.
17.3 By booking with us, your details will be added to our database to keep you updated on news and information that we think may be of interest to you. You can unsubscribe at any time.
17.4 In our quest to improve the guest experience, you will be sent a feedback email after your booking. Any feedback you provide will be shared with the Owner unless you request otherwise. Your feedback may be used on our website, on social media and other marketing materials in the form of a review or testimonial, unless you request otherwise. We will refer to you only by surname, unless you have given us permission to provide further details of your identity.
These Booking Terms and Condition and the booking contract to which they apply are governed in all respects:
18.1 where the property is situated in England by English Law and will be subject to the jurisdiction of the English Courts; and
18.2 where the property is situated in Scotland by Scots Law and will be subject to the jurisdiction of the Scottish Courts.
- Entire Agreement and Severance
19.1 The booking contract incorporating these Booking Terms and Conditions constitutes the entire agreement between us and supersede any previous agreements or conditions.
19.2 If a court finds part of these Booking Terms and Conditions to be illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- How to contact us
If you have any questions or complaints, please contact us by telephone on 01573 226711, via email at email@example.com or via our online contact form.