Hyrneside
Old Parkhill Cottage

TERMS & CONDITIONS OF BOOKING CONTRACT

Please note that a reservation is a legal contract and Old Parkhill Cottage, Parkhill Farm, Newburgh, KY14 6HH (the “Property”) should only be used for holiday purposes unless otherwise agreed in writing.

When you submit a booking via our website, on our online reservation system, you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract between us. A contract shall only arise when your booking is subsequently confirmed by confirmation email.

We reserve the right to refuse a booking without giving any reason.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We do not need your agreement to do this.

You, as the person in charge of the party (“the Party leader”), must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these booking conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these booking conditions. You, as the Party leader, are responsible for making all payments due to us. It is your responsibility as the Party leader to ensure that the other party members are aware of and agree to comply with these booking conditions where applicable.

The person or persons forming the party (Including the Party Leader) shall hereinafter be referred to as (the “Holidaymaker”). The masculine includes the feminine (and vice versa) and the words in the singular include the plural (and vice versa)

Hyrneside, Parkhill Farm, Newburgh KY16 6HH shall hereinafter be referred to as “Hyrneside” and shall include their successors and assignees whomsoever.

RESERVATIONS

The reservation is only confirmed when the booking fee has been received. The booking contract is between the Holidaymaker and the Partnership (as hereinafter defined). The booking fee (deposit) of 50% of total cost is taken at time of booking if booked over 6 weeks in advance, the balance being payable 6 weeks prior to arrival date.

If the balance of any rental is not paid by the due date, the booking will be treated as cancelled. Any bookings within 6 weeks of arrival must be paid in full on booking.

Christmas, New Year and Easter bookings must be paid in full at time of booking and are non-refundable. Subject to availability, changes to the length of reservation can be made up to 48 hours before the day of your arrival (no changes can be made after this time).

All changes made are subject to a £20.00 (inclusive of VAT) administration fee per booking. Any difference in price will be charged in addition to the original booking. Please note that if the total price of the new reservation is lower than the original booking, no refund will be made. Changes can only be made by contacting our reservations team, please email hello@hyrneside.co.uk

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

Non-payment of any rental payments by the due date may be treated as a cancellation of your booking and we will be entitled to re-let the property without reference to you.  The cancellations fees noted below will then apply.

CANCELLATION POLICY

Any cancellation (subject to the terms of the Covid Specific policies noted below) made by the Holidaymaker for any reason must be made in writing to email: hello@hyrneside.co.uk

The cancellation charges below have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period.

Cancellation Fees:
6 weeks (over 42 days): Full deposit.
3-6 weeks (21-42 days): 50% of the full accommodation cost or full deposit, whichever is greater.
2-3 weeks (14-21 days): 75% of the full accommodation cost.
Less than 2 weeks (under 14 days): 100% of the accommodation cost.

Due to the popularity of bookings for Christmas, New Year and Easter, the above rearrangement terms and conditions do not apply.

We strongly advise that guests take out a travel insurance policy which covers booking cancellations.

If you leave early for any reason, neither Hyrneside nor the Partnership will issue any refund for unused nights.

CANCELLATION BY THE PROPERTY OWNER

Hyrneside will endeavour to make sure the Property is available for the dates contracted. In the unlikely event the Property becomes unavailable and Hyrneside has to cancel the booking, Hyrneside will endeavour to find the holidaymaker suitable alternative accommodation. If suitable alternative accommodation cannot be found, the holidaymaker shall be entitled to a full refund. Hyrneside shall only be liable to return the monies received.

No compensation or consequential losses shall be paid.

ARRIVAL & DEPARTURE

Guests are welcome to check in from 4:00pm.

In order that the Property can be thoroughly cleaned and prepared for the next arrival, departure time is 11:00am.

OCCUPANCY

The number of persons occupying the Property must not exceed the maximum number stated on the booking. If it is found that more people than agreed are occupying the Property this will be considered a breach of contract and the Holidaymaker and their party will be asked to leave immediately without any refund.

The names and addresses of all members of the party must be shared with Hyrneside.

If the Holidaymaker wishes to hold any function or celebrations exceeding the occupancy limit it must first obtain the written permission of Hyrneside. If permission is granted, an additional charge will be made.

You must not in any circumstance re-let or sublet the Property, even free of charge.

Hyrneside or our representatives reserve the right to enter the Property at any time to undertake essential maintenance or for inspection purposes.

CARE OF PROPERTY

Guests are asked to leave the Property clean and tidy. If Hyrneside staff are required to do additional cleaning above and beyond regular site cleaning and changeovers you will be charged additional cleaning fees.

The Holidaymaker is responsible for the Property and is expected to take all reasonable care of its furniture, pictures, fittings and effects, in or on the Property. The Holidaymaker must leave them in the same state of repair and in the same clean and tidy condition at the end of the rental period as at the beginning. Accidents happen, but we ask that any breakages or damage (accidental or otherwise) should be reported immediately to Hyrneside. Failure to do this may result in you being charged for any breakages or damage.

Any missing inventory from the Property on your departure will also be charged for.

The Holidaymaker undertakes to leave the Property secure if left unoccupied during the period of let. When you leave the Property, you must make sure that you close and lock windows and doors.

You must not use the Property for any dangerous, offensive, noxious, noisy, immoral activities, or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties.

DAMAGES & BREAKAGES

You are legally bound to reimburse us for replacement, repair or extra cleaning costs on demand.

Upon booking, you will pay a security deposit of £400 (the “Deposit”), which will be returned 4 working days after your departure, if there are no extra cleaning costs, damages or breakages as a result of your stay.

For the avoidance of doubt, the Holidaymaker will remain responsible for all costs associated with any damages and or breakages in terms of this agreement and will not be limited to the sum of the Deposit.

KEYS

There will be a £25.00 charge should a guest lose, damage, or fail to return keys.

DOGS

Dogs are welcome at the Property. We do ask that they are house trained, kept under proper control and not allowed on the furniture or beds. They must not be left unattended in the Property unless crated and unlikely to cause a noise or disturbance. Dog waste must be 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. When out walking within the Property grounds and farm, you must ensure that dogs are kept under close control. They must not be allowed to disturb livestock or horses, nor run in cropped fields.

FIREWORKS

Fireworks are not permitted.

SMOKING and Vaping

Smoking and Vaping are not permitted inside the Property. In the event that if there is any evidence of smoking/vaping within the Property then a breach of this rule will result in the sum of £500 being payable to Hyrneside, upon demand.

LIABILITY

Neither the Partnership nor Hyrneside, will be held responsible for any loss or damage to guests’ personal property vehicles etc. whilst visiting.

It is your responsibility to behave with due care and consideration on-site at all times. Neither the Partnership nor Hyrneside, will be held liable for any damage or injury caused on site due to risky or reckless behaviour.

As the person booking the stay, you are responsible for the behaviour of all members of the party whilst on the site.

Hyrneside reserve the right to terminate this agreement without compensation where the unreasonable behaviour of the Holidaymaker (or their guests) may impair the enjoyment, comfort or health of others.

No compensation will be given for any temporary outage of electricity, gas, water, internet connection or television service.

Hyrneside are not liable for business losses. Hyrneside only let the Property for private use as a residential holiday home. If you use the Property for any commercial or business purposes then Hyrneside will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Hyrneside are not liable for unforeseeable losses. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the reservation process.

Hyrneside’s total liability to the Holidaymaker if Hyrneside break our obligations under this Agreement shall be limited to the amount of money that you have paid to us in respect of your reservation under this agreement.

If a court finds part of this contract illegal, the rest will continue in full force and effect. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

NOISE

The Property is located on a mixed farm with private residences nearby. Excessive noise or partying will not be tolerated and will result in ejection from the Property.

CHILDREN AND GENERAL SAFETY

The Holidaymaker must accept responsibility for the safety of their children at all times whilst visiting The Property. All children (a person under 16 years of age) must be accompanied by an adult and must be supervised by an adult at all times. The Holidaymaker must take particular care when children are around animals, fire, equipment and water. As the Property is located on a working, mixed farm, visitors must always be aware of machinery, farm traffic and livestock, and should stay away from the farmyard and any Private areas. Be especially careful of the river, which is tidal and has dangerous currents.

INTERNET ACCESS

Internet access is provided for the Holidaymakers’ use at the Property via a 4G Router. You agree to reasonable and lawful usage of this service. Please do not remove the SIM card from the router.

We give no guarantee that internet access will always be available as, due to the rural area, 4G service can sometimes be affected by weather and if any damage occurs it will take a long time for repairs to be completed. No refunds or compensation will be offered or paid should there be no internet access.

COMPLAINTS

Every endeavour is made to ensure your stay at the Property is enjoyable. However, we do recognise that from time-to-time things do go wrong. In these circumstances, it is the responsibility of the Holidaymaker to make any such problems known to Hyrneside (or their representative) immediately, thereby giving Hyrneside the opportunity to correct the situation. Unless this procedure is followed, no subsequent claim will be entertained.

Hyrneside will make every endeavour to rectify any identified problems as soon as is reasonably possible.

For the avoidance of doubt, the Property is within the boundaries of a working farm and the Holidaymaker is deemed to accept the position and that there will be farm noise and possibly odours from the farm (depending on the time of year).

CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER (FORCE MAJEURE)

If for any reason we have to cancel your booking in advance due to circumstances beyond our control for example fire, flood, exceptional weather conditions, epidemics, but not including pandemics (including but not limited to COVID -19 or any variant thereof and hereinafter referred to as “Coronavirus”), destruction/damage to the Property (“force majeure”) you will be refunded the full amount of the booking. If we have to terminate your holiday early for the above reasons you will be refunded part of the booking fee based on the time remaining of the booking. This will be the full extent of the liability of the Owners. No additional compensation, expenses or costs will be payable.

CANCELLATION AS A RESULT OF CORONAVIRUS

In the event of:

1.     Your booking having to be cancelled because the Property is put under Government Restrictions on travel due to Coronavirus and has to close then you will be refunded in full.

2.     In the event that your given address is put into Local/Regional Lockdown, rendering you unable to travel, and the period of restriction covers your booking then you will be refunded in full. 

If you have to cancel your holiday, cancellations must be notified by phone and email and once received in writing we will confirm the cancellation request.  Your cancellation is effective from the date we receive your written notification. Your cancellation will be acknowledged by us in writing.

In the event that:

1.    You consider it unsafe to come on holiday due to the continuing threat of Coronavirus

2.     You are unable to travel due to sickness, shielding and/or isolation due to the Coronavirus outbreak

In either of the circumstances detailed at part 1.and 2. above and for the avoidance of doubt, these remain at your risk and do not give rise to a right to cancel or to receive a refund.

COVID-19 SPECIFIC.  

If you or a member of your party develops symptoms of Coronavirus during your stay, it is important that you let us know as soon as possible by calling our office on 07712 862 672 or emailing hello@hyrneside.co.uk. There is a different set of procedures that apply in the event of a suspected or actual case of disease at a site that we would need to follow.  Government advice if you suspect you have developed the symptoms of Coronavirus is that you should not continue with your holiday but should make your way straight home and self-isolate (the whole group).  If any member of your group has acute symptoms, has breathing difficulties, or their life is at potential risk, they should seek medical help immediately.

Where you arrive at the Property and subsequently develop symptoms and require to return home to self-isolate, no refund (be it partial or whole) will be payable.

Should you have to self-isolate in the Property you will be liable for any additional costs including (but not limited to); additional nights, cost to move other guests’ bookings (if other bookings are affected by your extended stay) and admin costs incurred.

Although cleaning protocols approved by the Government will be followed, Hyrneside and its partners (Property owners and/or cleaners) will not be held liable for any guests (or members of their group) becoming ill during their stay.

DATA PROTECTION

We, Hyrneside, respect your privacy and the information taken at time of booking is required to be collected for the purposes of processing your reservation with us. We may process your data to keep you informed of our activities and to keep you updated with news, offers and other information that may be of interest to you. If you do not want us to use your information for the marketing purposes described in this paragraph, please let us know.

GOVERNING LAW and JURISDICTION

The validity, construction and performance of this agreement shall be governed by Scots’ Law and the parties submit to the exclusive jurisdiction of the Scottish Courts.

MISCELLANEOUS

The Property is let for the purposes of a holiday let to which section 12 (2) and paragraph 8 of Schedule 4 of the Housing (Scotland) Act 1988 apply. This Agreement confers the right to occupy the property for the agreed period only. The Holidaymaker undertakes to use the Property solely for its purpose as self-catering accommodation and to accept the Hyrneside’s right to refuse access to the accommodation to any person, whether the Holidaymaker or guest of the Holidaymaker, deemed unsuitable. Causing a nuisance or disturbance to neighbours or any unreasonable behaviour may result in Hyrneside requiring the Holidaymaker or their guests to leave.

Hyrneside, Parkhill Farm (“Hyrneside”) is a trading name of Parkhill Farm Partnership, having their place of business at Parkhill Farm, Newburgh, Fife KY14 6HH (the “Partnership”).  Hyrneside are acting as agents for the Owners and the contract is between the Partnership and you (the “Holidaymaker”).