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1. The Contract

Personal Details
Personal information provided to Ben Luna Lodge will not be shared with any third party.

The Contract for a short-term holiday rental will be between Ben Luna Lodge (referred to as “us”, “we” or “our”) and the person making the booking and all members of the holiday party (referred to as “you” or “your”) in the following booking terms and conditions. As our properties are located in Scotland, you and we agree that the laws of Scotland will govern our contract with you (the “Contract”). If any individual term or clause stated in these terms and conditions held to be invalid, impermissible or unenforceable permissible by law, the remaining terms shall be unaffected and shall remain valid.

The Contract will not come into force until we have received the Deposit referred to in Clause 2 below. The Contract will be subject to these booking terms and conditions, and must be complied with. The party leader must be at least 18 years of age at the time of booking and prior to arrival we must be provided with a full list containing the names and ages and contact details of all guests (which we will hold subject to Clause 12 below).

Ben Luna Lodge reserve the right to refuse any booking prior to the processing of the booking deposit.

2. Deposit and Payment

Your booking (“Booking”) may be placed over the telephone, by email or directly on our online reservation system.  Where your Booking is communicated to us by telephone or by email, we will enter it onto our online reservation system, which will automatically generate a summary by email to the email address you provide in the online Booking form.  However, that does not mean that your Booking is yet confirmed or that a Contract is yet in force between us and you.

Your Booking will only be confirmed and our Contract will only come into force once we have received payment in cleared funds of a deposit of thirty-five per cent (35%) of the full cost of your Booking (the “Deposit”).

The Deposit must be paid within three (3) days of the Booking being placed.

The balance of the rental will be due for payment ten (10) weeks prior to your holiday commencement date (the “Holiday Commencement Date”).

Loss and Damage Deposit
Ben Luna Lodge is furnished and decorated with a multitude of carefully selected items some of which cost a significant amount to replace should that be required. Ben Luna Lodge maintains a detailed inventory of all the contents of the Lodge, both practical items and decorative items. You will be required to pay for any item that incurs damage or is removed or lost.

Therefore, a mandatory ‘Refundable Good Housekeeping Deposit’ of £500 is payable against all bookings. If applicable, any damage internally or externally, items required to be replaced, repaired or additional cleaning costs will be deducted from your ‘loss and damage deposit’ and the remainder refunded to you within 10 days of the end of your stay. If any loss or damage costs exceed the deposit payment, Ben Luna Lodge reserves the right to automatically charge you for any excess. We recommend that you have appropriate insurance in place to cover this.

If you lose a key we will replace it upon you paying for the cutting of a new one.

If for any reason we are unable to take payment of the balance by the due date and you are unable to promptly rearrange payment (or we cannot get hold of you to arrange for payment to be made) we will be entitled to treat that as your intention to cancel the Booking.  If your Booking is made less than ten (10) weeks prior to the Holiday Commencement Date then your Booking will only be confirmed and our Contract will only come into force once we have received payment in full for the Booking in cleared funds.

No entry to our properties will be allowed without payment, in full, being cleared beforehand.

We accept payment via our online reservation system or Banks Transfer.The ‘Loss and Damage ‘ deposit will automatically be held 3 days before your arrival date ONLY if you have ticked the ‘pre-auth’ at time of booking if done on the on-line booking system. If this has not been ticked, we will need to manually contact you to arrange deposit 3 days before arrival.

3. Cancellation

In the event of a cancellation by the tenant, any monies paid will be forfeit if after 70 days prior to arrival date. Please let us know as soon as possible. Re-scheduling your booking will be our first option. Any booking charges or refund charges will be applied to refunds given. For this reason, we always recommend taking out Self-Catering Holiday Insurance. In the very unlikely event of a cancellation by the proprietors, the tenant will be refunded in full. 

4. Cancellation by us for reasons beyond our control ("Force Majeure")

We won’t be deemed to be in breach of this Contract, or otherwise liable to you, by reason of any delay in performance or non-performance of any of our obligations in this Contract to the extent that such delay or non-performance is caused by circumstances beyond our reasonable control (for example if access to and use of our property is prevented by fire, flood, exceptional weather conditions, epidemics, pandemics, destruction/damage, internet or other communications failure, blocked roads, war/terrorism, nuclear/radioactive disaster affecting us or our property) (these are sometimes referred to as “Force Majeure Events”)

If for any reason beyond our control we are forced to cancel your Booking (or bring it to an end early) due to a Force Majeure Event affecting us or our property we will refund you the full amount of your remaining lodging costs based on the time of your Booking remaining. This will be the full extent of our liability and no additional compensation, expenses or costs (such as travel or replacement lodging costs) will be payable. 

5. Period and other terms of hire

The period from the Holiday Commencement Date to the day of departure set out in the Booking (the “Holiday Departure Date”) is the “Holiday Period”.

Unless expressly agreed by us in writing, you should not arrive before 4pm on the Holiday Commencement Date, and you must leave and vacate the property by 10am on the Holiday Departure Date. Failure to do so may result in you being charged a further day’s rental.  Any arrivals after 7pm should be notified in advance.

You must not use the property except for the purpose of a holiday during the Holiday Period, and not for any other purpose or for a longer period except with our express written agreement.

The Contract to stay in the property for the holiday period does not create the relationship of Landlord and Tenant between the parties.

This Contract relates to a “holiday let” the purpose of which is to confer on you as a holidaymaker the right to occupy our property for a holiday only.  You shall not be entitled to any private residential tenancy or other tenancy, assured short hold or assured tenancy, lease, licence or other right to occupy, nor shall you obtain any security of tenure under any applicable law including but not limited to under the Private Housing (Tenancies) (Scotland) Act 2016 now or at the end of the Holiday Period.  You may not sub-let the property.

In the event that you are required, in accordance with guidelines imposed by the UK and Scottish Governments in relation to the disease known as coronavirus disease (Covid-19) and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)), to self-isolate at the property you will be responsible for the cost of (i) any additional nights out with the Holiday Period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.

6. Number of persons using the property

Under no circumstances may more than the maximum number of persons stated on our website occupy the property, except with our express written permission in which case we shall be entitled to charge an additional fee (for example for Weddings or events). We reserve the right to refuse admittance or require you to leave our property if this condition is not observed. Any persons other than members of your party must not use our accommodation or facilities.

7. Our Liability

We, our employees, contractors, cleaners and other representatives shall not be liable to you or your party for loss or damage to property howsoever arising. You must take all necessary steps to safeguard yourselves and your property.  Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law, such as liability for death or personal injury caused by our negligence.

Personal Injury
Ben Luna Lodge provides a ‘Scottish Highland’ experience in a genuine Scottish Highland environment. You and all members of your party are responsible for your own safety.

The rural environment presents inherent risks, and these form part of the Highland experience you are buying into when you stay at Ben Luna Lodge. You are reminded of the higher degree of risk that exploring and adventuring this environment presents and you should take all appropriate and reasonable care for your safety and the safety of others at all times.

8. Care of the Property

You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the property. You must leave them in the same state of repair and in a reasonable clean and tidy condition at the end of the rental period. You must not use the properties for any dangerous, offensive, noxious, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.

Smoking is not permitted inside Ben Luna Lodge but is permitted at the designated smoking area outside of the building.

You must ensure the property is securely locked when not occupied by you.

Your vehicles and their accessories and contents, and any property and valuables you bring with you are left entirely at your own risk.

If you leave any property behind we will use reasonable endeavours to return it to you, although we reserve the right to charge you in advance for any reasonable postal or courier costs.  We may dispose of any unclaimed property after six (6) months.

BBQ’s and camp fires
You are not permitted to make camp fires of have BBQs anywhere except for at sites specifically designated for these purposes, and agreed between you and Ben Luna Lodge.

Tents / Campervans
It is forbidden for guests to erect tents or use camper-vans or caravans or any other vehicles on site for the purposes of over-night accommodation. Any guests found doing so will be asked to leave immediately.

Due to the high fire risk, candles are not permitted in the lodge other than in the enclosed double sided glass wood log stove.

Drones, Night Lanterns and Fireworks
The use of drones is not allowed without our express written permission. Fireworks and Night lanterns are expressly forbidden as they are a fire hazard and can cause death or injury to local livestock.

There is a shallow stream running through the Ben Luna Lodge grounds. This stream is not deep; however this stream, like all open water bodies, could be dangerous should anyone fall in and be unable, for whatever reason, to remove themselves.

Young children, particularly toddlers must be supervised at all times when anywhere near the stream. The stream is for wildlife and the visual enjoyment of guests only. It is not for paddling and Ben Luna Lodge expressly prohibits anyone from entering the water at any time.

It is your responsibility to take care of your own safety and the safety of those in your party at all times.

‘The Rock’
Adjacent to Ben Luna Lodge and within the grounds there is an old Pictish site which we call ‘The Rock’. It gives guests a wonderful viewpoint of Glen Affric to the West and the Monadhliathan Mountains to the South. It’s flat on top but has a rock face on the South side of approx. 10 metres.

Young children, particularly toddlers must be supervised at all times when anywhere near ‘The Rock’

9. WiFi and Internet

Free Wi-Fi and Superfast Broadband internet is provided for your reasonable use and may be subject to separate terms and conditions. You agree to reasonable and lawful usage of this service.  We will not be liable for slow connections or for any interruptions to or the failure of this service.

10. Right of Entry

We shall be allowed the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.

11. Complaints

Every effort has been made to ensure that you have an enjoyable stay. However, if you have any problem or cause for complaint, it is essential that you contact us immediately to give us the chance to resolve it. We value your custom and want you to return (and to recommend us to your friends!).  We are on-hand and will do our best to resolve any problem.

12. Data Privacy Statement

See our Privacy Policy here

13. Pets

We only allow dogs, and only when have they been booked in and paid for. (£25 per dog, per week or part week/per cottage entered). We allow a maximum of two (2) dogs in the property.

Dogs must be house-trained, kept under proper control and not allowed upstairs. They must not be allowed on the furniture, and especially the beds, nor left unattended in the property. A large kennel with run is available for use if dogs are to be left unattended. Dog hairs are to be removed from carpets and all dog waste collected and disposed of. Dog owners will be held responsible for any damage caused to the property, contents or garden by their dog and for any extra cleaning required (usually at least £50).  When out walking within the property grounds/estate, you must ensure that dogs are kept on a lead except where indicated.  Dogs must not be allowed to disturb livestock, deer or game birds. Any injury or death caused by a guest’s dog to a person, another dog, stock animal or wild animal is the responsibility of the pet’s owner. In cases of injury or death of live-stock or wild animals caused by a guest’s dog, Ben Luna Lodge reserves the right to charge that guest for any applicable veterinary care or animal replacement costs.

We reserve the right to seek details of any dogs in advance and to refuse permission for them to be brought to the accommodation for any reason, including if they are considered unsuitable in character, size or behaviour, bark continuously, or are liable to be a nuisance or danger to us or our neighbours and to local wildlife and livestock.

We love dogs but cannot accommodate badly controlled ones!

Ben Luna Lodge
November 2020