Terms and Conditions of Hire
For Indirect Bookings
Our Terms and conditions for bookings taken through third party agents/ OTAs (online travel agents) such as Airbnb or Booking.com are succeeded to the terms at the point of booking. If you have booked through a third party please see the terms and conditions listed on the third party site.
For Direct Bookings
The Terms and Conditions of Hire are a contract between CCNA Properties Limited (trading as Yellow Door Apartments), the owners and you the person making the booking including all the members of your party who will be staying in any of our apartments.
By making a booking or staying in any of the Yellow Door Apartments you agree to abide by these terms and conditions.
Defined terms used in this contract are:
1. Scope
1.1 The booking is a short term stay and only for the period agreed in the booking confirmation.
Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between Yellow Door Apartments and either the client or the guest. Neither the client nor the guest will be entitled to any tenancy, or any Private Residential Tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016, or to any other statutory security of tenure now or upon the determination of this agreement.
1.2 Your booking is confirmed and a legal contract concluded once payment has been successfully made.
1.3 VAT is not charged on bookings.
1.4 Property Access codes are granted only once:
- Full payment for the booking is received
- Valid Proof of Identity for the lead guest is received and approved
- Full Payment of the security deposit is received
2. Agreement for Occupation
2.1 The owners permit the client to occupy the property, such occupation being by you personally and only such guests named in the booking to use the owners’ furniture and effects for the accommodation period. All visitors to the apartment are the responsibility of the guest. Any actions and omissions of any visitor to the apartment are your responsibility. (See your obligations under condition 10)
2.2 You must be 18 years or over when you book your accommodation.
2.3 We reserve the right to refuse to accept any booking for whatever reason. Your booking is accepted when we issue our booking confirmation email.
2.4 You may arrive at your accommodation after 3pm on the start day of your booking and, unless otherwise agreed, you must leave by 10am on the last day. if you fail to arrive by midday on the day after the start date and do not advise us of a late arrival, we may treat the booking as being cancelled by you.
2.5 If the number of people permitted to occupy an apartment is exceeded (which would be in breach of our licencing conditions and Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional apartments or require the excess occupants to vacate the property.
3. Paying for your Accommodation
3.1 The client will pay to the owners:
3.1.1 Full payment due On receipt - All prices advised to you are inclusive of booking fees and charges.
3.1.2 Should payment not reach us within the required time we reserve the right to cancel any bookings made and any deposit paid will be forfeit.
3.1.3 If you fails to pay the owners any sums that are payable under this agreement when due, you will pay the owners, on demand, interest on the unpaid sum in accordance with (if you are a business) the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) or (if you are a consumer) 4% above the Royal Bank of Scotland’s base rate from time to time . Such interest shall accrue on a daily basis from the due date until we receive payment in full cleared funds, whether before or after any judgement.
3.1.4 We expect the apartment to be left in a reasonable state on departure, including rubbish being placed in rubbish bins, and soiled dishes being placed in the dishwasher. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an Additional Charge.
3.1.5 UK legislation provides that smoking is not permitted in serviced apartments. Smokers must vacate the building should they wish to smoke.
3.1.6 Where there is evidence of guests smoking
3.1.7 Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
3.1.8 No daily housekeeping service is provided – While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available for an Additional Charge. We suggest you bring beach towels. We do not permit towels or linens to be taken from the property.
3.1.9 Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
3.1.10 Pets are not permitted in rental – where there is evidence of animals within the apartment, we reserve the right to charge for specialist cleaning, as an additional charge.
4. Loss and Damage, Security Deposit
4.1 Please ensure that you inspect the Apartment on check-in. Unless we receive notification otherwise within two working days of check-in we will be entitled to assume that you have fully accepted that the condition of the Apartment is in good repair, condition and in a clean and tidy state and you will waive any right to claim otherwise.
4.2 Risk of damage to the Apartment and its contents will pass to you on check-in and remain with you until the Apartment is returned to us. You shall be liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.
4.3 A security deposit to cover your obligations under this Agreement may be taken at or prior to check-in. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking. Any security deposit paid will be returned to you in full (or any payment authorisation cancelled) upon the Apartment being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 4.2, we may withhold some or all of your deposit to cover the same and our administration fees associated with repairing or dealing with the loss or damage. These will be Additional Charges.
5. Additional Charges
5.1 Additional Charges which may be payable include those items specified in the Booking and any specified in these terms and conditions.
5.2 Where Additional Charges are payable, you hereby authorise us to take them 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 means acceptable to us. All Additional Charges are due on the check-out date, unless the context otherwise requires.
5.3 If you fail to pay any Additional Charge within 14 days of the date of our invoice requiring payment of the same, you will incur an administration fee of £50 to cover the costs of sending you our debt collection letter, which will follow.
6. Cancellation or Changes to your booking by us
6.1 In the unlikely event we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible, we will offer alternatives but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation.
6.2 We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions "force majeure" means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disaster, fire, adverse weather conditions and all similar events outside our control.
7. Cancellation or alteration of your booking by you
7.1 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 to cover the necessary administrative costs incurred.
7.2 If cancelled or modified up to 14 days before date of arrival, no fee will be charged.
7.3 If cancelled or modified later or in case of no-show, the total price of the reservation will be charged.
7.4 No refunds will be made for non-arrivals.
8. Death, Personal Injury or Loss of Property, lack of services etc
8.1 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.
8.2 Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc) must use the 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 apartment. Guests found to be in breach of this rule may be asked to leave with immediate effect.
8.3 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
8.4 Cars and their contents are parked at owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
8.5 Our cleaning team are most likely in the day of checkout and are instructed to dispose of any items not belonging to the owners when conducting checkout cleans and inspections. If property is left in the apartment after checkout this is at your risk and we can’t guarantee its safe return.
8.6 Save where there is a total failure to provide useful accommodation as reasonably expected under this agreement, we cannot be held responsible for any failure or interruption to services to the apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.
8.7 We shall have no liability for any loss which was not foreseeable at the time we entered this Agreement or losses not caused by our breach of this Agreement, and, if you are entering this Agreement in the course of a business, we shall have no liability for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss (whether arising through breach of contract, tort including (without limitation) negligence, or breach of statutory duty. In any case our total liability to you is limited to the total cost of your reservation.
8.8 All descriptions and photographs of the Apartment are for illustration only and we do not warrant that they are accurate or complete, although we do use all reasonable endeavours to ensure that they are.
8.9 We do not exclude liability for fraud, and your legal rights are not affected by any term in this Agreement.
9. Keys
9.1 Unless otherwise agreed, the owners will issue instructions to access the keybox to the client or guest. The keybox contains one set of keys for the property. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the client or guest as an additional charge.
9.2 if, between the hours of 8pm and 8am the guest locks him or herself out of the property and requires the owners assistance to re-enter the property, we reserve the right to charge a call out fee as an additional charge.
9.3 The owners will retain keys to the property and will access the property to provide the services set out in the agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
9.4 On check-out, keys must be left in the keybox (or the same place as the guest collected them from) and the accommodation must be left locked. Loss of keys may incur an Additional Charge.
10. Services
10.1 We cannot be held responsible for any failure or interruption to services to the apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.
11. Wireless Broadband Internet and Hardwire
11.1 Wireless Broadband Internet is usually available at our apartments, however, the owners will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless broadband internet is not a contractual provision. The owners do not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses.
12. Maintenance Call-Outs
12.1 Should a guest or client report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided, We reserve the right to charge the guest for the maintenance call out as an additional charge.
13. Client’s Obligations
13.1 The client will guarantee that any guest or visitor will: -
13.1.1 Not keep any animals, insects, birds or reptiles in the property.
13.1.2 When guests with small children occupy the property, the guest undertakes to provide all suitable Childproofing safety equipment.
13.1.3 Not to do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.
13.1.4 Not to do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 11pm and before 7am can be reported to the local Council.
13.1.5 Ensure that at the end of this agreement the property is cleared of the guest's effects and left in good repair and clean condition and make good, pay for the repair or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.
13.1.6 Use the Property for residential purposes only and not for any business use.
13.1.7 Not make any alterations to the property, or attempt to make repairs.
13.1.8 Guests will allow us or our authorised representatives permission at all reasonable times to enter the Apartment to inspect its conditions
13.1.9 Not assign, underlet, sub-licence, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
13.1.10 Not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the owners’ furniture and effects.
13.1.11 Not hang on the outside of the property any flower pot or similar object or any clothes or other articles.
13.1.12 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.
13.1.13 Baby, makeup or other types of wipes are not to be disposed of into the toilet.
13.1.14 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 apartment or during bad weather.
13.1.15 To take all reasonable precautions to prevent condensation by keeping the Property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on at all times to prevent damage to the apartment.
13.1.16 Not change any lock to the property or have any duplicate keys made.
13.1.17 To report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to desist from attempting to remedy such problem on their own.
13.1.18 To maintain properly insured to their full replacement value all of the client’s and/or guest's personal property which is kept either at the property or on the guest‘s person.
13.1.19 To use all equipment provided at the property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
13.1.20 Not to leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.
13.1.21 Not to play ball games inside or within the grounds of the apartment.
13.1.22 To ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.
13.1.23 To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The owners accept no liability for misuse of products supplied.
13.1.24 Not to install any portable cooking appliances, camping stoves or similar items in the apartment.
13.1.25 You indemnify us and will 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 Apartment, except for personal injury or death caused by our act or omission.
14. Termination of this Agreement
14.1 This agreement may be ended by the owners without notice: -
14.1.1 if the accommodation fee is not paid on the payment day or if the client is in breach of any of the conditions
14.1.2 if the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
14.2 The owners may also terminate this agreement at any time on giving the client written notice.
14.3 The client will at the end of the accommodation period return to the owners all keys to the property and give the owners’ vacant possession of the property.
15. Health and Safety
15.1 We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest being asked to leave.
15.2 Guests should keep the apartment free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.
15.3 By making a booking and staying in one of our apartments you agree to abide by these terms and conditions.
16. Data Protection Policy
16.1 The Owners are required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 2018.
16.2 The Owners fully endorse and adhere to the eight principles of the Data Protection Act.These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.
16.3 The principles require that the personal data shall:
16.3.1 Be processed fairly and lawfully purpose and shall not be processed in any manner incompatible with that purpose;
16.3.2 Be obtained for a specified and lawful purpose and shall be processed in any manner incompatible with that purpose;
16.3.3 Be adequate, relevant and not excessive for those purposes;
16.3.4 Be accurate and, where necessary, kept up to date;
16.3.5 Not to be kept for longer than is necessary for that purpose;
16.3.6 Be processed in accordance with the data subject’s rights;
16.3.7 Be kept secure from unauthorised or unlawful processing and protected against accidental loss, destruction, or damage by using the appropriate technical and organisational measures;
16.3.8. And not be transferred to a country or territory outside the European Economic Area, unless the country or territory ensures an adequate level of protection for the rights and freedoms of data ;
16.3.9 The purpose for which we hold your personal data is to carry out this Agreement, and we do not pass information on to third parties for this purpose. We may use cookies on our website for the purpose of monitoring website usage, and we will ask for your consent, but do ask that you inform us if you do not consent to the use of these cookies.
When you make a reservation to stay with CCNA Properties limited you will automatically be signed up to our monthly marketing newsletter, however you can unsubscribe from this at any time.
17. Complaints
17 1 All complaints should be notified as soon as possible to the owners and we will do our best to resolve them in a timely manner
17.2 It you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our address and we wall use all reasonable efforts to resolve the matter as quickly as possible.
17.3 You can also complain to the booking agent you used for your apartment reservation.
18. Law
18.1 These conditions and terms of contract and all matters arising there from are subject to the law of Scotland and in the event of dispute; you will be subject to the exclusive jurisdiction of the courts of Scotland.
19. Your Rights
19.1 Your statutory rights are not affected by anything contained within the terms and conditions of hire.
20. Severance
20.1 If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out. The rest of the agreement shall remain enforceable.
21. Interpretation
21.1 In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“Owners” "Us" or "We" refers to Yellow Door Apartments offering serviced apartments."Client", “guest” “you” is the person who arranges the accommodation — they could also be the guest, “Guest” is the person who resides at the property including all adult members of your party —- they could also be the client. “Agreement” means this agreement;"Apartment or property" — is an apartment owned or managed by Yellow Door Apartments“Additional Charge” means a charge or fee that is in addition to the rental and includes those specified as an “additional charge”
"Booking" means an offer from you to us to hire one of our apartments 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 hire for the apartment and inclusive services which is payable in advance."Furniture and Appliances" means such furniture and appliances usually found within the apartment and any other items which we agree to provide;The term "Serviced Apartment" means the following: — A fully furnished and equipped apartment, accessed by corridors, stairwells and any common part of the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax, TV licence.