Terms and Conditions
Guest agrees that no more than the agreed persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
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.
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, TV access or fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, balconies, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
Payment must be received in full prior to arrival.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest, or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:
1.1 You must be 18 years or over when you book your 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.
1.2 We reserve the right to refuse to accept any booking for whatever reason.
1.3 You may arrive at your accommodation after 3pm (except if it is stated different) on the start day of your booking and, unless otherwise agreed, you must leave by 10 am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you
1.4 If the number of people permitted to occupy an apartment is exceeded, (which would be in breach of 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.
1.5 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.
1.6 A deposit is pre-authorised on a credit card prior to arrival and issuance of the check-in procedure. This can be charged up to five (5) working days after the guests stayed in the property. Charges are only applied provided the following provisions are not met:
• No damage is done to property or its contents.
• No charges are incurred due to illegal activity, pets or additional services rendered during the stay.
• All debris, rubbish and discards are placed in rubbish bin, and soiled dishes are cleaned.
• All keys are left in the keybox (or same place as the guest collected them from) and the accommodation is left locked.
• All charges accrued during the stay are paid prior to departure.
• No linens are lost or damaged.
• NO early arrival or late departure without prior agreement.
• NO smoking within the apartment.
• The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.
1.7 We expect the apartment to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
1.8 Where there is evidence of guests smoking within the apartment, a charge of £100 for specialist cleaning will be made.
1.9 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.
1.10 Unless otherwise agreed, the owners will issue to the client or guest one set of keys to 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.
1.11Additional charges may apply to cases of breach of contract – including but not limited to:
• rectification of damages or missing items,
• excessive/ above planned cleaning requirements,
• evidence of smoking/ unauthorised pets,
• breach of fair use policies,
• loss of keys
• Failure to pay additional charges within14 days of invoice will incur an administration fee of £50 to cover the cost of referral to debt collection agencies.
Cancellation or alteration to Reservation by You
For cancellation or alteration up to 14 days prior to arrival – no fee is charged.
If the cancellation occurs within 14 days of the arrival date, the full booking fee is payable. This includes non- arrivals.
Should you wish to change your reservation to another date, after Yellow Door Apartments has issued confirmation to you of your original booking, this may be treated as a cancellation which could be subject to the cancellation charges, and this could be as much as the total amount paid. Yellow Door Apartments will advise you if this is the case and you will have the option to continue with your first reservation.
Requests for cancellations must be received in writing by email to email@example.com .
We recommend guests take out appropriate travel insurance to cover cancellations within 14 days of arrival date.
Reservation Cancellation or Adjustment by Us
Yellow Door Apartments hope they do not have to either cancel or adjust your reservation in anyway; however, as unforeseen problems do occur, Yellow Door Apartments would contact you immediately to discuss any proposed cancellation or adjustment. If the circumstances affect your travel requirements, Yellow Door Apartments will endeavour to offer you alternative arrangements.
If this is unacceptable to you or any cost difference is more than you want to pay, Yellow Door Apartments will arrange a refund of your original rental deposit. Except where otherwise expressly stated in these conditions, Yellow Door Apartments shall not be liable for changes beyond or out with their control.
DATA PROTECTION POLICY
Yellow Door Apartments 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 1998.Yellow Door Apartments 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.The principles require that the personal data shall:
1. Be processed fairly and lawfully for a purpose and shall not be processed in any manner incompatible with that purpose.
2. Be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose.
3. Be adequate, relevant and not excessive for those purposes.
4. Be accurate and, where necessary, kept up to date.
5. Not to be kept for longer than is necessary for that purpose.
6. Be processed in accordance with the data subject’s rights.
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.
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 subjects in relation to the processing of personal data.
FAIR USE & THE ENVIRONMENT
At Yellow Door Apartments, we strive to provide our guests with a comfortable and enjoyable experience during your stay. In order to promote sustainability and responsible resource management, we have implemented the following Fair Use Policy for heating and water consumption. We kindly request that all guests adhere to these guidelines to ensure a mutually beneficial experience for everyone.
• Guests are encouraged to utilize heating systems responsibly and efficiently.
• Please set the heating temperature at a comfortable level and avoid excessively high settings.• Ensure that windows and doors are closed properly when using the heating system to prevent unnecessary heat loss.
• Please refrain from leaving the heating system running when the accommodation is unoccupied.
• Guests are urged to use water resources thoughtfully and avoid wasteful practices.
• Be mindful of water consumption while using taps, showers, and other amenities.
• Promptly report any leaks or plumbing issues to the property management team to prevent water wastage.
• Please refrain from leaving taps running unnecessarily and report any dripping faucets or running toilets.
Sustainability and Conservation:
• We encourage guests to adopt environmentally friendly practices, such as taking shorter showers and reusing towels when possible.
• By minimizing excessive heating and water consumption, you contribute to our commitment to sustainability and conservation efforts
• Guests are invited to inform themselves about local recycling guidelines and dispose of waste in the appropriate bins or containers provided.
Monitoring and Enforcement:
• Our team may periodically monitor heating and water usage to ensure compliance with this Fair Use Policy.
• In cases of suspected excessive or wasteful consumption, we reserve the right to address the issue with the guest directly.
• If a guest consistently disregards the Fair Use Policy after being informed, we may take appropriate action, including imposing additional charges or terminating the rental agreement.
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and Yellow Door Apartments. This Agreement shall be governed by the laws of Scotland. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.