T&C's

AMORE PROPERTY MANAGEMENT LIMITED (“APM”)

Terms & Conditions

Definitions & Interpretations

Booking: means the holiday let booking made by the Guest to stay at the Homeowner’s Property for the Licence Period, and which in turn is governed by the terms of the Guest Agreement;
Booking Date: means the date on which the Booking is confirmed by the Guest;
Building: means the building in which the Property is located (if applicable);
Business Day: means any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in Scotland, between the hours of 9:00am and 5:30pm;
Check-In Date: means the date from which the Guest is entitled to enter the Property, as set out in the Booking;
Check-In Time: means the time on the Check-In Date from which the Guest is entitled to enter the Property, as set out in the Booking;
Check-Out Date: means the date on which the Guest must vacate the Property, as set out in the Booking;
Check-Out Time: means the time on the Check-Out Date by which the Guest must vacate the Property, as set out in the Booking;
Cleaning Fee: means the fee paid by the Guest for the cleaning of the Property on or before the Check-In Date;
Client: a Homeowner who has entered into an agreement with APM.
Common Parts: if applicable, means such roads, paths, entrance halls, corridors, lifts, staircases, landings and other means of access in or upon the building within which the Property is situated, the use of which is necessary for obtaining access to and egress from the Property, as designated from time to time by the Homeowner;
Competent Authority: means any statutory undertaker or any statutory public local or other authority or regulatory body or any court of law or government department or any of them or any of their duly authorised officers;
Deposit: means the deposit paid by the Guest in relation to the Booking, the amount of which is stated in the Booking;
Guest: means the person who makes the Booking to stay in the Property on the terms as set out in the Guest Agreement, and any other persons for whom the Booking is made;
Guest Agreement: means the agreement between APM and the Guest governing the Guest’s Booking;
Homeowner: means the freehold owner or, if the Property is leased, the leasehold owner of the Property;
Invitees: means any person invited to visit the Property by the Guest during the Licence Period;
Lease: if applicable, means the lease between the Host and the person for the time being who owns an interest in the Property, which gives them the right to possession of the Property at the end of the Host’s lease;
Licence: means the licence to occupy the Property conferred by this Licence Agreement;
Licence Agreement: means the agreement for the Licence on the terms and conditions set out in this agreement;
Licence Period: means the period from and including the Check-In Date until and including the Check-Out Date;
Necessary Consents: means all planning permissions and all other consents, licences, permissions, certificates, authorisations, and approvals whether of a public or private nature which shall be required by any Competent Authority for the Permitted Use;
Permitted Use: means private residential use as holiday accommodation only;
Price: means the total price for the Booking, including the Cleaning Fee, as set out in the Booking;
Property: the property as defined in the Booking;
Service Media: all media for the supply or removal of (as applicable) heat, electricity, gas, water, sewage, air-conditioning, energy, telecommunications, data and all other services and utilities and all structures, machinery, and equipment ancillary to those media.

(A) - Guest Obligations

The Guest agrees and undertakes:

i. to enter the Property no earlier than the Check-In Time, on the Check-In Date, as stated in the Booking;
ii. to leave the Property no later than the Check-Out Time, on the Check-Out Date, as stated in the Booking;
iii. to pay an additional fee for each day the Guest stays in occupation of the Property after the Check-Out Time on the Check-Out Date, at the nightly rate applicable to the Property at the time the Guest remains in occupation (the “Additional Licence Fee”);
iv. to keep and leave the Property, fixtures, fittings and furnishings in good condition, clean, tidy and clear of rubbish and to be responsible for any damage caused to any of former;
v. to remove all the Guest’s belongings from the Property at the end of the Licence Period;
vi. in the event that the Guest leaves any belongings at the Property, to pay the reasonable expenses incurred by the Homeowner or APM in returning the belongings to the Guest;
vii. not to cause any damage to any part of the Property, Building or any neighbouring property;
viii. not to use the Property other than as holiday accommodation and not to allow more than the number of Guests stated in the Booking to stay overnight at the Property during the Licence Period or at any other time;
ix. not to allow any Invitees to stay overnight at the Property as to exceed the advertised sleeping capacity of the Property;
x. may not allow any other person to reside in the Property during the Licence Period;
xi. not to keep or allow any pet or animal into the Property without the prior written consent of the Homeower;
xii. to pay for any damage caused or extra cleaning costs incurred by any pets which are allowed at the Property;
xiii. to clean any and all pet refuse prior to vacating the Property on the Check-Out Date;
xiv. not to make any alteration or addition whatsoever to the Property;
xv. not to do or permit to be done on the Property anything which is illegal or which may reasonably be considered to be a nuisance, inconvenience or disturbance to the Homeowner or to any tenants or occupiers of the Building (if applicable), or any owner or occupier of a neighbouring property;
xvi. not to do anything that will or might constitute a breach of any Necessary Consents affecting the Property or which will or might invalidate in whole or in part any insurance effected by the Homeowner in respect of the Property and the Building from time to time, or increase the premium of any such insurance policy;
xvii. not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish on or within them;
xviii. to comply with all laws and with any recommendations of the relevant suppliers relating to the supply and removal of electricity, gas, water, sewage, telecommunications and data and other services and utilities to or from the Property;
xix. not to use electricity, gas, water, sewage, telecommunications and data or any other services and utilities to or from the Property in a manner which the Homeowner (acting reasonably) considers to be excessive. Use shall be excessive if it is beyond what is reasonably necessary for the enjoyment of the Property as holiday accommodation;
xx. not to pick or pull up any flowers or plants in the garden (if applicable) and to keep the garden tidy;
xxi. to park any car, motor cycle or other vehicle only in the parking space(s) provided (if any);
xxii. to use all reasonable efforts not to overload the electrical system;
xxiii. to observe any reasonable rules and regulations the Homeowner makes and notifies to the Guest from time to time governing the Guest's use of the Property and the Common Parts;
xxiv. not to use the Property except for the purpose of a holiday during the Licence Period and not for any other purpose or longer period;
xxv. not to do anything on or in relation to the Property that would or might cause the Homeowner to be in breach of the tenant's covenants and the conditions contained in the Lease (if applicable); and
xxvi. to indemnify the Homeowner and keep the Homeowner indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
xxvii. any breach of the Guest's undertakings contained this clause C; and/or
xxviii. the exercise of any rights given to the Guest under this Licence.

(B) - Disputes

In the event of a dispute arising between the Homeowner and guest that cannot be resolved by agreement, both parties shall agree to appoint an Arbiter who shall be mutually chosen. In the event of the parties failing to agree upon a single Arbiter, an Arbiter shall be appointed by the Sheriff of Lothian and Borders at Edinburgh on the application of either party. The decision of the said Arbiter shall be final and binding on the Parties hereto.

(C) - Third party rights

A person who is not a party to this Licence Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence Agreement.

(D) - Termination and Cancellation

The Licence Agreement will automatically terminate on the earlier of:

i. the Check-Out Time; or
ii. termination of the Guest Agreement, howsoever arising.
iii. The Homeowner may terminate this Licence Agreement at any time before the end of the Licence Period without notice if:
iv. the Guest is in material breach of the terms of this Licence Agreement; or
v. the Property becomes uninhabitable for any reason, including by reason of an event covered by the Insurance Policy.
vi. The Licence shall automatically terminate on expiry or termination of this Licence Agreement.
vii. Termination or cancellation of this Licence Agreement shall not affect the rights of either party in connection with any breach of any obligation under this Licence Agreement which existed at or before the date of termination.

On termination of this Licence Agreement:

viii. if the Guest is still in occupation of the Property, the Guest will vacate the Property as soon as reasonably practicable but in no event later than the Business Day following termination of the Licence Agreement; and
ix. any provision of this Licence Agreement that expressly or by implication is intended to come into or continue in force will remain in full force and effect.
x. If the Guest has materially breached the Licence agreement, the Host reserves the right to deny guest refunds or deduct money from a refund reimbursement to pay for damages, excessive cleaning or missing items.