Terms and Conditions
Please take a minute to read our terms and conditions
If you have any queries regarding these, please call us on +44 (0) 1877 389351 / 0792 339 0082 or email email@example.com
It is important to us that you understand the terms on which we are making our agreement. Please read these terms carefully. As a consumer, you have legal rights in relation to your holiday if it is not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
1. Who we are
Kelty Cabins (referred to as “Kelty Cabins/we/our/us”) sells luxury holidays via our website www.keltycabins.co.uk (the “website”) and via telephone. We can also be found on Face Book “Kelty Cabins” where enquiries will be redirected to our contact e-mail above or to our website as given. We are a company registered in Scotland under the name John Hamilton & Son, with a Business Reference Number 128685 and have our registered office at Wester Third Farm, Gartmore, Stirling, FK8 3SB. Our VAT number is 260 8896 25.
2. How these terms and conditions apply to our contract
We consider these terms and conditions (the “Terms”), together with your request for booking and our booking confirmation set out the entire agreement between you and us for the supply of our services to you (“Contract”). We intend to rely upon these Terms in relation to the Contract between you and us.
Please ensure that you and all members of your party read and understand these Terms before you submit your request for a booking (“Booking Request”). Please note that by submitting a Booking Request, you and all members of your party agree to be bound by these Terms. This does not affect your statutory rights as a consumer. A copy of these Terms can be viewed and printed from our website for future reference.
Please ensure that you have checked your details in your Booking Request (see below) and that these are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake in either the Terms or the Booking Request and a change is required, please make sure that you notify us within 24 hours of making your booking by writing to us at firstname.lastname@example.org or call us on +44 (0) 1877 389351 / 0792 339 0082.
We reserve the right to change these Terms at any time and any such changes will apply in relation to any new Bookings Requests submitted after the changes are posted on the website, at the Locations or otherwise brought to your attention. Please read the Terms each time you submit a Booking Request to ensure you understand the Terms which will apply at that time as submission of a Booking Request shall signify that you have accepted to be bound by the latest set of Terms.
3. Making a booking
How to make a booking
In order to submit a Booking Request, you will need to complete a booking form (either on the website, over the phone or at the Location). The booking form process allows you to check and amend any errors before you submit the Booking Request to us. Please take the time to read and check your booking at each stage of the booking process, as it is your responsibility to provide us with the correct information.
Our acceptance of your Booking Request is our absolute discretion and will only take place once we issue email confirming your booking containing a booking reference number or (where an email hasn’t been provided) written confirmation via the post. This written confirmation shall signify that we have accepted your Booking Request, subject to these Terms. At this point a Contract shall come into existence between you and us on these Terms.
Subject to any enduring conditions, the Contract will last until you and your party leave our Location.
Conditions of booking
By making a Booking Request you confirm that:
– you are over 18;
– you have the authority of all persons in your party to book on their behalf
– if the booking being made does not include yourself that there is at least one person in your party that is at least over 18 at the time of the stay;
– you accept these Terms; and
– you agree that you will be responsible for any loss or damage caused by you or any member of your party.
– please note we cannot access pets / animals on the premises.
Our Contract binds you, (the person named on the booking confirmation) and all members of your party, including children and any day visitors. You must ensure that all members of your party are aware of, and accept these Terms. Our Contract continues until the last member of your party has left the Location, including any extension to your stay and for such time afterwards as may be necessary.
Please note that we cannot permit a transfer of a booking to another person or party. The existing booking will need to be cancelled in accordance with the terms as set out within this document and a new booking made.
The maximum number of people occupying your accommodation must not exceed six.
Bookings are subject to a minimum, two day, stay requirement. If you have to cut your booking short for any reason, we cannot give you a refund under our standard Terms. From time to time, we may offer ‘Special Breaks’ starting on different days and / or differing durations. These Special Breaks are subject to these Terms unless we agree otherwise.
Single sex groups
Group and single sex bookings are welcome with the understanding that from 10pm we ask guests to respect the need for privacy and quiet by other guests. The locations are not suitable for stag and hen groups looking to play loud music and use our facilities for parties after 10pm, while we also understand that not all such single sex groups are rowdy. We would be delighted to discuss the needs of groups travelling in advance to make sure that we can tailor your break to your needs: please call us on +44 (0) 1877 389 351 / 0792 339 0082.
You will pay to us the price of your holiday as set out online or as quoted at the time that you submit your Booking Request.
Kelty Cabin prices vary depending on the time of the year. Prices include VAT at the current prevailing rate.
The price includes use of your accommodation for the maximum number of guests we indicate; and any other amenities or services described as included in the price of your break in the information provided to you on our website.
Prices do not include any additional services, features and facilities unless they have been specifically included as part of a promotion to your booking. Additional services, features and facilities (such as bespoke packs, BBQ hampers etc.) and details of how to book them can be found on our website. Additional charges may apply for these such services, features and activities. Please note that with activities that are booked with one of our external partners, an additional separate agreement may be required to be entered into.
Price adjustments, promotions and discounted offers are introduced at our discretion and are subject to availability. Offers cannot be used in conjunction with any other promotion or discounted offer and may be withdrawn at any time prior to the Contract being formed. Retrospective refunds are not permitted against any price adjustment, promotion or discounted offer advertised after such time a Contract is made. Discount codes or promotions cannot be added retrospectively.
If you place your booking more than 60 days prior to the start date of your holiday, we will request a deposit of £150 or 30% of the booking (whichever is greater) per Kelty Cabin per break. The balance of the full payment will be due 60 days prior to the start date of your holiday. For all bookings received within 60 days of your holiday start date, full payment is due at the time of booking.
If we do not receive the full payment from you by the due date, we will treat this as a cancellation of the booking and you will forfeit the total cost of any payments made to date.
Payment for bookings can be made by Debit or Credit Card online. Please note that payments made by Credit or Charge Card may be subject to a non-refundable additional charge in line with the new EU Payment Services Directive (PSD2) of the total amount due (this charge does not apply to payments made by Debit Card). Payment by this method confirms that you accept this additional charge.
Cheques will only be accepted if received by us at least 4 weeks before the start of your holiday. Cheques are not accepted on Location. Cheques should be made payable to ‘John Hamilton & Son. Please post to Wester Third Farm, Gartmore, Stirling, FK8 3SB.
6. Services, features and facilities
Features, facilities or services referred to on the website (e.g. boat trips) are subject to availability and may be supplied by third parties. We shall have no responsibility for loss, damage or injury in relation to any services, features or facilities provided or supplied by third parties. You should establish separate arrangements with those third parties.
Information about features, facilities and services at your holiday location, is, to the best of our knowledge and belief, accurate at the time of publication on the website, however, we cannot guarantee that these services, facilities and features will be available during your holiday.
We are lucky to receive 4G signal from O2 and a few other providers, therefore acquiring a SIM card for the duration of your stay is relatively inexpensive and would support most needs should you wish this option. It is unfortunate that we are not in a position to offer WiFi at present with our current set up. However, we are told of plans to upgrade our area with high speed broadband. At such time we will do so & be in a better position to offer a quality WiFi service.
Hot tub use
Please note that in order to maintain the best levels of hygiene, your hot tub will have been completely cleaned and refilled on the day of your arrival. Whilst we will endeavour to avoid delay, the hot tub may not reach its full recommended temperature until the evening of your arrival.
Whilst on holiday we know you want to get the best use out of your hot tub. IT IS ESSENTIAL THAT YOU READ AND ADHERE TO THE ADVICE AND GUIDANCE FOR ALL HOT TUB USERS which is located in our guest information folder prior to using the hot tub. We also guide you that:-
1. No children under 4 years should use the hot tub and bathers under 16 must be accompanied by an adult.
2. You should consult your doctor before use if you are receiving medical attention or have a long term illness.
3. Avoid using the hot tub if you are under the influence of alcohol, have eaten a large meal, are pregnant, or are on medication. Only use the hot tub after seeking medical advice if you have a condition that is affected by heat for example, a heart condition or high or low blood pressure.
4. No food, glass, liquids, pets, bubble bath or oils allowed as these may result in the hot tub having to be drained.
5. You should get out of the tub if you start feeling unwell, uncomfortable, giddy or faint.
6. We recommend for safe use that you remain in the hot tub for a maximum of fifteen minutes at a time and have a rest period of between 10 and 20 minutes. Overuse will effect chemical balance and overall enjoyment.
7. Please take care when getting in and out of the hot tub as the steps and exit can be slippery when wet. Please keep your voice down after 10pm and do not use the hot tub during a storm.
8. Please shower prior to and after hot tub use.
9. Bathers must not wear tanning cream, lotions, oils, makeup or skin creams in the spa pool. Showering and washing these off prior to entering the hot tub will help maintain chemical balance, water quality and your overall enjoyment.
7. Cancellation and changes to your booking
24-hour “cooling off” period
We understand that sometimes guests book in haste, or error or unforeseen circumstances arise. Our Terms provide comfort that we will cancel your booking (within 24 hours of the booking) and refund any monies paid less a £25 administration fee and any unrecoverable commitments made to external suppliers and card surcharges (if applicable).
Changes made by you
If you want to amend your booking, please notify us as soon as possible. Amendments to your booking can be made up to 12 weeks prior to the start date of your holiday, subject to availability and to payment by you of a £25 administration fee. If you wish to transfer your booking to another Kelty Cabin, we will use our reasonable endeavours to satisfy your request wherever possible, but we shall be under no obligation to do so.
Cancellation by you
1) If you want to cancel your booking, you must notify us as soon as possible and confirm this in writing. Provided the written notice of cancellation is received by us not less than 60 days before the start date of your holiday, only the deposit will be forfeited.
2) If we receive less than 60 days notice but not less than 2 weeks notice, you will be liable to pay the total cost of the holiday, but any extras and commitments made to third parties will be refunded in full.
3) If we receive less than 2 weeks’ notice, you will be liable to pay the total cost of the holiday including any extras or unrecoverable commitments made by us to third parties in connection with your pre booked activities and events.
Changes made by us
Occasionally, we have to make changes to bookings. Whist we endeavour to avoid making major changes, we reserve the right to do so in exceptional circumstances. This might include offering you one of the following:
Change to accommodation – we have 3 Kelty Cabins on site. We reserve the right to relocate your booking to a different Kelty Cabin but will discuss this with you (via your chosen method of contact) if this is not your first choice.
Changes in date – If the date of the booking is unavailable, we may offer you alternative holiday dates.
Cancellation by us
We reserve the right to cancel your holiday. In the unlikely event of us having to cancel your holiday (except where you have failed to make full payment on time) we will offer you the choice of a full refund of all monies paid to us or the option of re-booking your holiday at a comparable standard (with you paying any additional cost or receiving a refund in respect to the price difference).
8. Damage to our property
A £150 security deposit will be required to cover any damage to the Kelty Cabin, its contents and the Location. This will be taken if you have made payment by card and will be not be taken if not required. Please note that you will be liable for the actual cost of any damage to the Cabin, its contents and the Location (this may exceed your £150 deposit and you will be required to pay any excess).
If excessive cleaning is required the additional cleaning cost will be passed onto you. We will provide photographic evidence of the wilful damage or mess within the Kelty Cabin to you.
Please note that in the event that we need to claim further funds from you due to the occurrence of an event listed above, we reserve the right to recover those charges by any means.
9. Arrival and departure
Arrival time on Location is between 4pm and 7pm on the agreed date of arrival.
If you are likely to arrive after 7pm, we ask that you contact us and let us know your planned arrival time.
Please note that arrivals may, subject to availability and the appropriate early arrivals fee, be accommodated from 2pm. Your health & safety is our utmost priority and as such we take care in preparing your hot tub, if applicable within your booking, for your stay. We cannot therefore guarantee that your hot tub will be up to the required temperature at 2pm (please see section 6). If you are interested in booking an early check in, please contact us at least 7 days before your arrival date to book.
You are required to vacate the lodge by 10am on your agreed date of departure. Please note that late departures (up to 11am) may be arranged subject to availability and a £30 late departure fee. If you are interested in taking up this offer, please contact us at least 7 days before your arrival date to book.
10. Your responsibilities when on Location
Our staff are fully empowered in all aspects of Location operation and management. We fully support our staff in dealing with matters of policy at their sole discretion when the need arises. In placing a Booking Request you agree that you and your party will at all times comply with requests of our staff.
As the person booking the holiday, you are responsible for the behaviour of all members of the party whilst on the Location.
The Kelty Cabin must be left in a clean and tidy condition. Please ensure all dishes are clean, bins emptied to outside provisions and surfaces wiped. Please make us aware of any breakages or damage caused during your stay. We shall be entitled to charge you for any costs or expenses it incurs as a result of any breakage or damage or a failure by you to leave the cabin in a clean and tidy condition.
You are responsible for the behaviour of all members of your party. Please show consideration to other guests, our staff and our Location. Noisy or disruptive behaviour, especially after 10pm, wilful damage to the Location or Kelty Cabins or other behaviour considered by our staff to be inappropriate may result in us asking you or a member of your party to leave the Location immediately. No refunds or compensation will be given in these instances, and we reserve the right to claim compensation for damages or inconvenience caused.
To respect the enjoyment of others, we ask that noise levels are kept to a minimum after 10:00pm.
To protect our site and others on the site, BBQs should ONLY be used within the BBQ Kota Cabin using the facilities provided. It is not permitted to bring your own BBQs. Open fires and fire pits are also prohibited for health and safety reasons.
Children remain the responsibility of their parents or guardians at all times in the Kelty Cabins, on the Location and during activities. Please ensure that your children are supervised at all times.
Please note that smoking is not permitted in any of the Kelty Cabin living accommodation / hot tub area / BBQ Kota or Children’s Play Area. We request that any smoking outdoors is respectful of others, cigarettes (or legally equivalent) are extinguished in the receptacles provided.
Unfortunately, we cannot accept pets on our site as we are located within a working farm that has livestock and neighbour other country owners who have livestock roaming too. We are very fortunate to be located nextdoor to a wonderful kennels & cattery. Should you wish to use Kuruba’s facilities, please contact us or Kuruba to see how we may best meet you & your pet’s needs.
We want you to have an enjoyable and memorable holiday and to return on another occasion in due course. Should you have cause for complaint, please contact us immediately and we will try to resolve your issue as quickly as possible during your stay. We will also be able to advise you of our complaints procedure.
13. Information about you
At times we may request that you voluntarily supply us with personal information. Generally this information is requested when you request information and/or services from us – i.e. when you sign up to receive our newsletter.
What we collect
Information you give us.
When you order holidays, activities or other services, we will collect your name, contact (telephone, mail and e-mail addresses), [the names of the members of your party] and billing information, transaction and credit card information. You may also give us information about whether any of your party have restricted mobility or access requirements.
We may also ask you to provide us with information regarding your personal or professional interests, demographics, experiences with our breaks, products or other services and contact preferences in order to provide you with further correspondence about our holidays, breaks, products or other services.
Information we collect about you
Some pages on our website automatically collect the following types of information:
– technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
– information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
What we do with the information we collect
We may use the information that we collect about you in the following ways:
– for administration and customer services,
– to deliver our services to you and provide you with the information and services that you request from us,
– for marketing, including informing you about services which we offer which are similar to those that you have already purchased or enquired about (unless you tell us that you do not want to receive this information),
– to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. As our customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data,
– to analyse your purchasing preferences and to ensure that the content, services and advertising that we offer are tailored to your needs and interests,
– to ensure that content from our website is presented in the most effective manner for you and for your computer, including monitoring customer traffic patterns and website usage to help us improve the design and layout of our website and provide content that is of interest to you, and to improve the services which we offer to customers.
Disclosure of your information
We may need to share your information with our service providers and agents for these purposes of delivering the services to you (for example our florists or butchers).
If you have provided us with information about your health or the health of members in your party so we can assist you with any disability needs, we will only use this information for the purposes for which you provided it to us.
If we (or any part of us) enter into a joint venture or are sold, transferred to or merged with another business entity or if our business structure changes, the information we hold about you may be disclosed to the new business partners or owners, although your personal information will still only be used in accordance with these Terms.
Where we store your personal data
By providing us with your personal information, you consent to our processing your personal data for the above purposes. You also consent to our transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary, for the above purposes. If we do make such a transfer, we will, if appropriate, put a contract in place to ensure your information is protected in the same way that it is in the UK.
We employ security measures to protect your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We may retain your personal information after we have ceased using it for the purposes set out in these Terms, or for as long as the law requires.
Your rights regarding your personal data
You are entitled to obtain details of the information that we hold about you (for which we may charge a small fee). You may also ask us to make changes to the information we hold about you or your marketing preferences to ensure that it is accurate and kept up to date. If you wish to do this, please email email@example.com
We may use information obtained about you from cookies.
A cookie is a small file of letters and numbers that we put on your computer if you agree. We do this to allow us to identify you from other users of our website, which helps us to personalise the website to provide you with a good experience wherever possible and also allows us to improve our website.
The cookies store small pieces of information about you, such as your name and email address. This means that on future visits to our website, we can identify past users. The cookies also allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it. This helps us to improve the way our website works, for example by ensuring that users are finding what they are looking for easily.
We may access cookies stored on your computer when you visit our website in future or when you open an email from us.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Any cookie whose name starts with UTM is a Google Analytics first party cookie. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
14. Liability – Please read this section as it is important that you understand to what you are agreeing
We are responsible to you for:
(a) any loss or damage that you suffer as and which is foreseeable result of our breach of these Terms or our failure to use reasonable skill and care; or
(b) death or personal injury caused by our negligence; or
(c) fraud or fraudulent misrepresentation; or
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Subject to the matters detailed above, if we fail to comply with these Terms, we are responsible for any loss or damage that you suffer as and which is foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only provide use of the Kelty Cabins for domestic and private use. You agree not to use the Kelty Cabins for any commercial, business or re-sale purposes. Therefore we are not responsible to you for: for any:
(a) loss of income or revenue;
(b) loss of business or business opportunity;
(c) business interruption;
(d) loss of profit;
(e) loss of anticipated savings; or
(f) loss of data.
In all cases except personal injury or death caused by our negligence or fraud or fraudulent misrepresentation, our maximum liability to you for the total of all claims arising out of your booking with us shall be no more than to refund the amount paid by you for the holiday less any cancellation, insurance, amendment or other separate charges.
As our Locations are set in a country environment, we cannot accept responsibility for any damage, injury or inconvenience caused by plants or wildlife. Kelty Cabins is located adjacent to a working farm. We ask that all guests respect the privacy of residents nearby, all privacy notices and you are asked NOT to enter the main farm where machinery, heavy goods vehicles are working and livestock located. This would compromise your own & others safety whilst also being in serious breach of our health, safety & insurance policies. Please contact us should you wish to discuss further.
We are not responsible for anything which adversely affects your holiday which occur due to events which are outside of our control (i.e. that we could not, even with due care, have foreseen or avoided). Such circumstances include (amongst others) war, civil unrest, industrial action, terrorist activity, natural disaster, fire, adverse weather conditions, foot and mouth disease. We will endeavour to manage any problems caused as a result of such an event but shall not be liable to you for any losses caused by such event.
Reference to any products, services or other information belonging to third parties does not imply or constitute an endorsement, sponsorship or recommendation by us. Links to other services not operated by us are provided solely for your convenience. We are not responsible to you for any products, services, or other information provided by third parties.
We are not liable for damage to or theft of your personal possessions and we encourage you to ensure that you have adequate cover under your existing home contents, travel or any other applicable policy for the length of your stay.
15. Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you can either send us an e-mail or letter. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or by the post-date mark we receive on the envelope. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail, by pre-paid post or on our website via the contact us form.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
16. Other important Information
Any photographs, descriptions or advertising we issue, and any descriptions or illustrations contained in our promotional material or on the website, are issued or published solely to provide you with an approximate idea of our Location and the services. All due care and diligence is exercised in the production of such information, and information concerning our cabins and their facilities has been compiled as accurately as possible by our own staff and has been checked at the time of going to press. However, there may be time when certain amenities are temporarily not available and it is possible, particularly in the off peak season, that a facility we have described may have been modified or is not available. Such situations may be dictated by local circumstances, unsuitable weather conditions, necessity for maintenance or redecoration.
This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
These Terms and any non-contractual obligations relating to these Terms shall be governed by and interpreted in accordance with English law. This means a Contract for a Kelty Cabin booking purchased through us and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceeding in Northern Ireland, and if you are a resident of Scotland, you may also bring proceeding in Scotland. This contract shall be concluded in the English language.