Terms & Conditions

These terms and conditions apply to the contract between Carter Luxury Apartments, Hudson House, 8 Albany Street, Edinburgh EH1 3QB and you for the hire of serviced property accommodation.

It is agreed as follows:

Upon booking with us you are deemed to have read in full and accepted the following Terms and Conditions.  The Company shall be entitled to vary, amend and/or otherwise change these Terms and Conditions at any time, without prior notice.

Enquiries can be made to our Management Team by contacting denise@carterluxuryapartments.com or telephone 0131 235 2827.  

ID must be given prior to or at time of check-in in the form of a valid passport or driving license.

 

  1. DEFINITIONS

 

“the Company”, “we” or “us” refers to Carter Luxury Apartments Limited, 11 Shore Road, South Queensferry, Scotland, EH30 9SG

“the client” is the person who arranges the accommodation; they could also be the guest.

“the guest”, “you” and “your” refers to the person who stays at the property; they could also be the client.

Together referred to as “the parties”.

 

“Accommodation” means the premises for which the booking is made.

“Agreement” means this agreement

“Additional Charges” include, but are not restricted to, the additional charges in clause 7 which you are liable to pay for facilities and additional items

“Agreed Price” means the price at which you agree to hire the Property, as identified in the Booking or in any subsequent agreement

“Arrival Date” means the first day of the Hire Period, as identified in the Booking or in any subsequent agreement

“Booking” means an offer from you to us to hire the Property (and/or any other services or items made with the Company) on the terms of this Agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process;

“Fee” is the rental for the Property and inclusive services which is payable in advance.

“Furniture and Appliances” means such furniture and appliances usually found within the Property and any other items which we agree to provide

“Hire Period” means the period commencing on the Arrival Date and expiring on delivery of the Property back to us

“Inventory and Condition Report” means our report on the condition of the Property and its contents

“Property” means the property identified in the Booking or a Property of similar type and standard in a similar location, operated by the Company.

“Terms” means these Terms and Condition.

“VAT” means Value Added Tax at the rate in force for the time being

“Website” means https://theshoresouthqueensferry.co.uk

 

  1. SCOPE

Your stay at the Property is not intended to create a relationship of landlord and tenant between the Company and either the client or the guest.  Neither the client nor the guest will be entitled to any tenancy, or any assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988, or to any other statutory security of tenure now or upon the determination of this Agreement.

Rates are subject to change without notice.  Prices displayed on our or any partner websites are an average per person per night, until a rate is selected.  A minimum length of stay, deposit cancellation charge and other conditions may apply to certain rates, as specified.  Prices shall be charged in the local currency of the property.

 

  1. THE ACCOMMODATION
  • We shall provide, and you shall hire the property for the Hire Period, at the Agreed Price and upon the terms of this Agreement.
  • We shall additionally provide:
    • routine maintenance services as are required to keep the Property in good and working condition
    • cleaning and fresh bed linen and towels for stays of two weeks or longer
    • Furniture and Appliances
  • We give you the right (in common with us and all others authorised by us) to use the Property for the Hire Period. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.

 

  1. SERVICES

We cannot be held responsible for failure or interruption of services within or outside of the Property or development building – this includes utilities, appliances and communications (Washing Machine, Tumble Dryer, Dishwasher, Television, Broadband, Wi-Fi, Electricity, Water, and Heating).

We cannot be held responsible for inconveniences such as noise, access or supply of services caused by engineering or repair works within or in another part of the property. This also includes noise and disturbances caused by any other guests or tenants who reside in the property. We cannot be held responsible for any street noise caused by pedestrians or vehicles including cars, motorbikes, road sweepers, refuse trucks or buses. 

If there is an interruption to any services, once we receive notification, we will use all reasonable efforts to rectify the issue within a reasonable time period.

We reserve the right to add or remove any of its services without prior notice.

We endeavour to have each Property cleaned and ready for new guests by the check in time, however on rare occasions and in the event of staff shortage there may be a delay in cleaning. In the event of this, guests will be given access to the Property from the check in time and the Property will be cleaned as soon as possible. No compensation will be given for this.

  • Broadband

Wireless broadband (Wi-Fi) is available in all Property locations and is provided free of charge. If there are any issues with the connection outside of office hours (Monday- Friday, 9am- 5pm), as it is a complimentary service we are not obliged to resolve this outside of these hours as it is not considered an emergency. We cannot guarantee connectivity at any given time however we endeavour to maintain the hardware and connection within all Properties. If there is a fault with the hardware provided (wireless router) we will give support and maintenance if possible, within office hours. If the fault is deemed to be with the guests’ hardware/devices, support will not be available.

  • Extra Beds

A travel cot & highchair can be provided and delivered to the Properties at no extra cost (agreed at the time of booking). This must be booked at least 48 hours prior to arrival. We cannot guarantee availability at short notice and travel cots can only be delivered within office hours (9am-5pm Monday-Friday). Travel cots are only provided for infants/children up to a maximum of 24 months and under.  You must supply your own bedding, pillow and duvet for the travel cot.

  • Extra Linen

Extra bed linen can be provided at a cost of £25.00 per set. Extra towels can be provided at a cost of £15.00 per set. Extra linen must be ordered within office hours (9am-5pm Monday-Friday) and can only be delivered within these hours.

  • Housekeeping Service

A fortnightly housekeeping service is provided for stays of a minimum of 2 weeks (14 days). This service includes cleaning the Property and refreshing the bed linen and towels.

  • Emergency Call Outs

The emergency number 07717875915 is provided to give guests access to a member of staff out of office hours (Monday- Friday, 9am- 5,30pm). This number is only to be used for emergencies (Flood, Fire, Power Cut, and Lost Keys).  If the number is used for any non-emergency reason, we reserve the right to charge the guest a call out fee of £150.00. If an emergency is reported within office hours, we will make every attempt to solve the issue within the allocated time. If the emergency is deemed as a non-emergency and is down to guest error, there will be a charge of £50.00 to cover the call out fees.

  • Luggage & Mail Storage

We do not provide any storage facilities for luggage or personal belongings, including post or packages. We cannot under any circumstances accept any of these items. We do not provide keys to the Property post boxes, the post boxes are checked regularly and if requested, post will be delivered to the Property, otherwise it is returned. There is no mail forwarding service if the guest has checked out already.

 

  1. BOOKING & PAYMENT
  • Prices are for the entire property, per night and are inclusive of VAT.
  • You must be 21 years or over when you book the Accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
  • We do not accept bookings from stag and hen parties.
  • A security deposit of £250, to cover any damage or breakages will be taken for every booking. This deposit will be returned to you, minus any deductions within 48 hours of your departure.  We will notify you by email in advance of any deductions we are going to make to the deposit amount.
  • The number of occupants in the property must not exceed 7 persons (including children between the age of 2-16 who do not require a cot). We can accommodate one additional infant/child up to the age of 2 years in a travel cot    If the number of occupants exceeds this number, it is a breach of Health & Safety Regulations and we reserve the right to move excess occupants and charge for additional accommodation or request the additional occupants to vacate the premises.
  • At the outset you must provide us with sufficient information to conclude a Booking. We reserve the right to reject any Booking.
  • Any special requests relating to the hire of the Property should be notified prior to Booking. We will reasonably endeavour to accommodate any special requests and special requests may incur Additional Charges.
  • Payment of the Agreed Price is due within 24 hours of Booking, unless otherwise agreed. Where you default on payment, we may terminate this Agreement immediately upon notice to you.
  • Payment should be made using a credit or debit card. We do not accept payment by cheque. 
  • Unless otherwise agreed in writing, for every full or part day the Property has not been returned beyond the agreed date of return we may charge a full day’s hire at current hire rates for each part or full day the Property is not returned to us. Payment of any such further charges shall be made upon demand and you authorise us to take such further charges from any credit or debit card used to make the Booking.
  • You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this Agreement.
  • You shall pay on demand default interest charges (both before and after any judgment) on any sum payable by you to us under this Agreement and not received by the due date at the annual rate of 5 per cent above the Bank of England base rate in force at the time calculated on a daily basis and compounded on a monthly basis from the due date for payment until payment is received by us in cleared funds.
  • Payment for Extensions are due before the cancellation notice period.

 

  1. CANCELLATIONS
  • Any Booking cancellations must be notified to us in writing or via email.
  • Unless specified in a specific property advert, where you give notice of cancellation at least 30 days’ prior to the commencement of the Hire Period, no cancellation charge shall apply.
  • Unless specified in a specific property advert, where you give less than 30 days’ notice of cancellation, we may charge a cancellation fee equivalent to the Agreed Price or two weeks’ rental, whichever is the lower.
  • The Property’s weekly rental shall be determined by reference to the Agreed Price and the Booking.
  • No refunds will be made for non-arrivals.
  • If you wish to alter your booking, we will use our best efforts to accommodate your requirements, however you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, we may charge, at our discretion, an amendment fee of £50, to cover the necessary administrative costs incurred.
  • Where we act as agent for a preferred supplier their terms and conditions may differ from our own. The specific cancellation policy should be requested at the time of booking and will be stated on the confirmation.
  • In the unlikely event that we require to make a change or cancellation to your accommodation, we will use all reasonable efforts to contact you as soon as possible. We will offer alternatives wherever possible but should the alternative be unacceptable, we will refund any money you have paid to us within seven days of any cancellation.  We shall have not further liability to you arising out of any such cancellation.

 

  1. ARRIVAL AND DEPARTURE
  • You may check-in to the Property from 3:00 pm onwards on the first day of the Hire Period, unless agreed otherwise with us.
  • You must check-out of the Property by 10:30 am on the last day of the Hire Period. Failure to do so may result in further charges pursuant to clause 5.9 above.
  • Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
  • We will provide you with more specific instructions relating to check-in (including access to the property) prior to the commencement of the Hire Period; and check-out instructions upon your arrival at the Property.

 

  1. YOUR OBLIGATIONS
  • You shall throughout the Hire Period:
    • use the Property as private residential accommodation only
    • ensure that the number of persons using the Property does not exceed the maximum number of people allowed, notified to you upon Booking and based upon the number of bed places in the Property
    • keep the Property at all times in good repair, condition and in a clean and tidy state
    • not repair or attempt to repair or carry out work to the Property or allow any third party to do so unless instructed so to do by us in writing
    • not move any furniture within in the Property.
    • notify us immediately upon causing or becoming aware of any damage to the Property or its contents
    • not allow any pets or animals to enter the Property
    • not smoke anywhere in the Property or garden area at any time.
    • not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow.
    • not leave the entrance door or windows to the Property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the Property or during bad weather.
    • Not change any lock to the Property or have any duplicate keys made.
    • not cause (or invite anyone into the Property who causes) a nuisance or disruption to occupiers of nearby premises
    • not behave in an abusive or threatening manner toward our staff
    • not remove any Furniture and Appliances or other items from the Property without our prior consent
    • return the Property to us at the end of the Hire Period or upon the earlier termination of this Agreement in accordance with the terms of this Agreement and in good repair, condition and in a clean and tidy state; and
    • indemnify us and keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by us (except any incurred as a result of our default) in connection with this Agreement or in connection with any use or misuse of the Property, except for personal injury or death caused by our negligence.
  • You agree to give us or our authorised representatives permission at all reasonable times to enter the Property to inspect the condition of the Property.
  • If you default in any of your obligations under this Agreement, we may terminate this Agreement immediately upon notice to you.

 

  1. SECURITY DEPOSIT
  • Please ensure that you inspect the Property immediately upon check-in and arrival. Unless we receive notification otherwise within 12 hours of check-in and arrival, we will be entitled to assume that you have fully accepted that the condition of the Property is as per the Inventory and Condition Report (or, if there is no Inventory and Condition Report, is in good repair, condition and in a clean and tidy state) and you will waive any right to claim otherwise.
  • Risk of damage to the Property and Furniture and Appliances will pass to you on check-in and arrival and shall remain with you until the Hire Period has expired or the Property is returned to us in accordance with the terms of this Agreement. You shall make good to us all loss or damage whatsoever of or to the Property occurring during or arising from the Hire Period and all reasonable loss of rental resulting from such loss or damage.  However, you shall not be liable for loss or damage caused by fair wear and tear only.
  • A security deposit of £250 to cover your obligations under this clause 6  will be taken at the point of booking. Any security deposit paid will be returned to you in full upon the Property being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 6.2 above we may withhold some or all of your deposit to cover our loss and damage and our administration fees associated with repairing the Property (refer to Additional Charges for details of such administration fees).

 

  1. ADDITIONAL CHARGES
  • Additional Charges which may be payable include those items specified in the Booking or detailed in this clause.
  • In the case of Additional Charges becoming payable, you hereby authorise us to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking you must pay Additional Charges by another acceptable means.
  • The Property should be left in a reasonable state on departure, if (at our absolute discretion) we consider additional specialist cleaning is required (for example carpet cleaning to remove a stain), we will charge an additional fee of £150.00. When the duration of the booking is in excess of 28 days, a discretionary final cleaning charge of up to £150 may be charged If an Property is deemed unfit for occupation, you will be obliged to pay compensation to us for loss of revenues in addition to the costs of cleaning and repair.
  • We reserve the right to charge £250 (in addition to the general cleaning charges) for specialist cleaning to an Property and/or its contents where it is left in an exceptionally bad condition or if we believe smoking has taken place in the Property.
  • Damages: Damages to the Property or contents must be paid in full by you. In the event of any breakages or damage discovered whilst your stay or after you vacate, we will notify you by e-mail or telephone immediately or within 10 days of your Departure, providing a detailed breakdown of the damage and where is possible a cost of rectification. Where Possible, photographic evidence will also be supplied. It is your responsibility to check all items & that there is no damage to these items. Condition reports can also be provided at the beginning and at the end of the accommodation period if requested.
  • Lost, damaged, or non-returned parking permits (where applicable) will be charged at £50 each
  • Lost, damaged or non-returned keys (where applicable) will be charged at £75 per set
  • Parties: Under no circumstances are parties allowed at the property. If we discover a party has taken place at the property during your stay a fee of £300 will automatically be charged to you.

 

  1. EXTENSIONS AND CHANGES
  • Should you wish to extend the Hire Period a request must be submitted to us and we may at our discretion and subject to availability, grant such request.
  • In the case of an extension under clause 10.1, you authorise us to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking you must pay by another acceptable means.
  • Where the Property specified in the Booking becomes unavailable prior to the commencement of the Hire Period, we may relocate you to a Property of similar type and standard in a similar location. Where such alternative Properties are priced lower than the Property specified in the Booking, the Agreed Price shall be reduced accordingly. Where such alternative Properties are priced higher, the Agreed Price shall remain the same.

 

  1. INSURANCE AND LIABILITY
  • We shall have no liability whatsoever (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or damage to your property and any special, indirect or consequential losses or damages, and in any event, our total aggregate liability for all losses or damages suffered or incurred by you (whether arising through breach of contract, tort (including but not limited to negligence) or any breach of statutory duty) shall not exceed the aggregate Agreed Price paid by you.
  • You shall be solely responsible for and hold us fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by us as a result of any breach or default on the part of you, your employees or agents in the discharge of your obligations under this Agreement.
  • The Company will not be held responsible for the acts or omissions of third persons, Company employees or representatives, occurring on the premises, except when they arise out of the strict performance of the Company employee’s or representative duties. In any event, the Company will not be held responsible under any circumstances for damages in excess to the equivalent the daily room rate of the person to whom it is liable.
  • You have selected the Property as being fit and suitable for your needs. We make no warranty or representation as to the suitability or fitness for purpose of the Property and exclude all liability in this regard. You further acknowledge that, although content on the Website, including any photographs, drawings or plans of the Property, is published in good faith, we do not warrant that any of the content accurately or completely describes the Property. Actual Property size, design, fixtures, furnishings and facilities may vary.
  • The Company will not be responsible for the loss or damage of any property left in the Property other than as required under any applicable law.
  • Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos, etc.) must use an appropriate adaptor. Non-UK plugs used without the appropriate adaptor / transformer are a serious fire risk. Please ensure that all heated appliances are switched off and stored safely before leaving the Property. Guests found to be in breach of this rule may be asked to leave with immediate effect.
  • You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of loss, damage, or theft of such property unless caused by negligence on our part.
  • Cars and their contents are left at owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
  • Lost property and articles left behind by guests which are found after departure will be kept for one (1) month after departure or forwarded at the guest’s expense. After that time, unclaimed items will be disposed of by the Company as its sole discretion.
  • Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by the Company’s negligence or liability for fraud or fraudulent misrepresentation.
  • We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.

 

  1. COMPLAINTS

We aim to provide a quality service. If, however, you wish to raise anything you are not satisfied with, please call 0131 235 2827 or email denise@carterluxuryapartments.com.  We will try to do our best to solve any problems that arise.

 

  1. SMOKING

Smoking is not permitted anywhere in any indoor or outdoor area of the property. A surcharge of £250 will be made if evidence of smoking is discovered in the property.

 

 

  1. TERMINATION
  • We may terminate this Agreement immediately by giving written notice to you if:
    • you commit any material or persistent breach of this Agreement and, if the breach is capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided that, if such breach is a repeated breach then no time to remedy need be given
    • you shall do or allow to be done any act or omission which in our opinion may jeopardise our rights in the Property or any part thereof, or if you abandon the Property
    • any sum payable by you under this Agreement is not received by us on the due date for such payment and such non-payment is not remedied within 2 working days of you being given written notice by us to that effect.
  • Upon expiry or termination of this Agreement for any reason whatsoever you shall:
    • pay to us any Agreed Price in arrears and all other moneys due under this Agreement
    • return the Property to us in good repair, condition and in a clean and tidy state
    • indemnify us against all reasonable costs incurred by us as a result of any failure to comply with such return conditions.
  • Any of our rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
  • We reserve the right to recover the Property from you if you default in surrendering the Property back to us. You shall indemnify us and keep us indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Property.

 

  1. GENERAL
  • Force Majeure

No party will be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

  • Waiver

An omission by a party to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which that party may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

Any waiver of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.

  • Entire Agreement

Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed in writing by us and you.

Each party also agrees that in entering into this Agreement, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of this Agreement (except those expressly set out in this Agreement) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under this Agreement and hereby waives and releases the other party in respect thereof absolutely.

  • Assignability

This Agreement is personal to the parties.  We may assign our right title benefit and interest in and to this Agreement without your consent of you. You may not assign your right title benefit and interest in and to this Agreement.

  • Rights of Third Parties

A person who is not party to this Agreement (a “third party”) has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

 

  1. Notices

Any notice or demand to be given under this Agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or facsimile to the current number for that party’s address as mentioned in this Agreement or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by facsimile shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.

  • The parties agree that any disputes arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be subject to Scottish Law and to the exclusive jurisdiction of the English courts.

 

  1. Acceptance of Terms and Conditions / Contract of Hire

All bookings are subject to these terms and conditions that are deemed to have been accepted in full by the hirer and all persons in the party. Payment of deposit and/or Booking fee also indicates acceptance of these Terms and Conditions.

 

  1. Guest Registration Forms

All guests must complete a guest registration form before their stay commences.  This must be completed in full including the guest name, address, contact details, bank card details, passport number (if applicable) and driving licence number (if applicable).

  • We also require a form of photo ID, such as a valid passport or driving licence.
  • We require the information to match that given on Booking.com or Airbnb.
  • We will not be able to accept the form and may cancel the booking if the information is different.