Terms & Conditions
TERMS AND CONDITIONS for individual bookings other than Event bookings and up to 4 rooms made directly with the hotel by telephone, letter or email by you ("you, "your" "guest") at Muckrach Lodge Hotel ("the Hotel" and or "we" "our" "us")1. When you make a booking you enter into a contract with the Hotel under which we undertake to provide accommodation and/or other specified hotel services on specified dates to you and which you undertake to receive from us on the specified dates. This supply is under the following conditions which you are deemed to accept by making a booking and which we will enforce in the event of any dispute arising from your booking.
2 By giving us your credit card details when making the booking you authorize us to charge your card for deposits, cancellation fees, curtailment fees and any other payments due to us under these terms and conditions.
3 No booking is confirmed unless either
3.1 details of a credit card valid for the entire period of the booking have been given to the hotel
3.2 The hotel has expressly waived the need for credit card details and you have accepted these terms and conditions.
3.3 If you have not supplied credit card details and we have agreed to waive this requirement, you have, by confirming the booking, agreed to make the payments required by us in accordance with these terms and conditions
4. We reserve the right to take a deposit from you and to charge cancellation fees if you cancel your booking. The taking of a deposit has no bearing on your obligations under this contract and you are liable for the cancellation charges listed below whether or not a deposit has been taken.
4.1 The deposit taken will be 25% of the value of the booking (the contract amount)
5. The cancellation fees are on a sliding scale as follows:
Cancellation more than six weeks prior to the commencement of the booking 0%
Any deposit paid will be refunded less a £15 administration fee
Cancellation between six weeks and four weeks prior to the commencement of the booking 25% of the contract
Cancellation between four weeks and 48 hours prior to the commencement of the booking 50% of the contract
Cancellation less than 48 hours prior to the commencement of the booking 100% of the contract
6. We reserve the right to charge you the full value of the contract in the event of curtailment of its period by us under clause 9.
7.1.If you are a travel agent you will have no liability for goods and services supplied to the guest which are extra to those in the contract and not ordered by you.
7.2. If you are the guest or a company, partnership or individual making a booking on behalf of the guest you will be liable for all goods and services supplied to the guest in the event the guest fails to pay their bill, except where you have clearly limited your liability at the time of booking and in writing to the hotel.
7.3. In the event of curtailment of the contract period by you and or the guests, you will be liable for all services and goods supplied to you up to the point of curtailment.
7.4. You will also be liable for accommodation booked but not used as a result of your curtailment as limited by example only in clause 4 and 5 above
7.5. For the avoidance of doubt, checking out prior to your confirmed check out date is curtailment of the contract period by you
8. We strongly advise you to take out travel insurance to cover your obligations under this contract.
8.2We may, at our absolute discretion, waive deposit, cancellation or curtailment fees for any booked accommodation that is re-sold.
8.3 We may, at our absolute discretion, credit some or all deposit or cancellation fees paid by you against future bookings by you.
9. We absolutely reserve the right to terminate the contract, either before, on or after the commencement date, for any reasonable cause including lack of availability of accommodation and for the inclusive but not exclusive examples of reasons given below in 9.1
9.1 Unreasonable behaviour or unlawful action(s) on the part of the paying guest or persons staying with them or visiting them in the hotel. (Grounds for termination include but not exclusively: Smoking in a prohibited place, taking or selling or offering illegal drugs, exhibiting verbal or physical abuse towards the staff or other guests, causing damage to the hotel through action or negligence, refusing to obey safety instructions from the staff or emergency service personnel in the event of an emergency or safety drill)
In the event of cancellation or curtailment of the contract by the Hotel, our liability to you will be limited by these terms and conditions and/or to any monies paid by you to us but not credited against goods and services already provided. We again draw your attention to Clause 5 above.
9.2 You will be liable for the cost of accommodation booked but not used as a result of termination of the contract by us except where such termination or curtailment is by the Hotel as a result of accommodation not being available
9.3 In the event of curtailment of the contract by you we will charge you for any additional supplies ordered by you or those persons, such as non resident guests and minors, you are liable for. Such supplies include food and beverage, telephone calls, event tickets, newspapers, business services and third party services which may be subject to cancellation charges such as golf, fishing days, shooting, hunting, riding and other organized activities.
9.4 In the event of cancellation or curtailment of the contract, because accommodation is or has become unavailable only, by the Hotel, we will refund to you any balances on your account after deducting the cost of goods and services already provided up to the point of cancellation and/or curtailment. We will make every effort to secure you alternative accommodation of a similar standard in the area.
9.5 The hotel does not offer refunds for any goods and services already provided.
9.6 Under the Licencing Act (Scotland) 2005 we have the absolute right, without having to give any reason or explanation, to decline entry onto the property to any non resident, and to refuse to serve, or cease serving, alcohol to any resident or non resident.
9.7 We may charge you sums in addition to the value of the contract as a result of your actions, or the actions of your invited guests, on the property, for example cleaning charges for excessive soiling, cost of repairs to damage to the fabric of the hotel, replacement or repair of fixtures, fittings and operating stock and for any labour costs and management time incurred in carrying out or arranging for such repairs and or replacements.
9.8 For the avoidance of doubt, smoking in bedrooms and public areas is strictly prohibited by Scottish Law. Violation of this law by smoking in the bedroom (which includes hanging out of the window) will incur a deep cleaning charge of not less than £120 and may lead to a fixed penalty fine of £50 under the Smoking, Health and Social Care (Scotland) Act 2005
9.9 Muckrach Ltd has a zero tolerance approach toward bullying, verbal or physical abuse and or threatening behaviour, and the directors consider any such behaviour to be totally unacceptable. Any guest, non resident patron or member of staff exhibiting such behaviour, towards fellow guests, patrons, management or staff, shall be removed from the hotel by all available practicable means. Where management and or staff feel threatened, abused or bullied, any acquiescence they may make in order to restore peace and remove the threatening persons, shall be deemed to be made under duress, and any actions taken, such as discounts or refunds given in these situations, shall be reversed as soon as practicable. Muckrach Limited reserves the right to take civil legal action against any persons exhibiting unacceptable behaviour, and may also call the police and press for criminal prosecution where such behaviour is of a serious nature.
10. We may change our published rates at any time without notice. At certain times of the year our rack rate may not be valid, or be restricted. From time to time we may advertise and publish promotional prices and special offers, together with restrictions that will apply. Such offers are always subject to availability, will only apply to certain limited types and allocations of rooms and may be withdrawn at any time without notice.
10.1 Rates,offers, schedules of service and any other information found on the internet, in publications or otherwise disseminated may be out of date, restricted or incorrect. Only those rates schedules and other information contained in the Guest Confirmation or in email correspondence with you will be accepted by us as binding under these terms and conditions.
11. Regardless of clause 10 above, any accommodation rate we quote you at the time of your booking is the rate you will be charged on departure.
12. Except where proven under the Hotel Proprietors Act 1956, we shall not be responsible for any liability for loss or damage to your personal property if left unattended in your room, your vehicle or the public areas of the hotel or grounds. Under the Hotel Proprietors Act 1956 our liability for items secured in our locked safe or secure gun cabinets is limited to £500 (five hundred pounds), and any proven liability for items not so secured is limited to £50 for one article and a total of £100 in the case of any one guest. We strongly recommend you carry adequate insurance for high value items in your ownership or care during the course of your stay.
13. In the event of a dispute with the hotel these terms and conditions will be applied. The hotel will make every effort to resolve grounds for complaint if given the opportunity to do so.
13.1 Complaints and queries concerning your stay must be raised with the staff or management as soon as the grounds for the complaint or query are discovered.
13.2 Complaints and queries regarding your stay made in writing after the termination of your stay must be communicated to the hotel within seven days of your departure.
13.3 No written complaints or queries will be accepted if communicated later than seven days from departure except where the grounds for the complaint or query were discovered after this period.
Examples of complaints limited by clauses 13.,1 and 13.2 are matters of service, comfort and amenities. Examples of complaints outside of clauses 13.1 and 13.2 but within clause 13.3 include incorrect credit card debits discovered on statements.
13.4 The hotel does not and will not accept or admit any liability, direct or indirect, resulting from any accident and or injury to the guest or their visitors on or off the premises, occurring before, during or after any period of stay at the hotel.
14. Exclusive Use of the hotel for an event or any other reason means that the hotel has been block booked for a period of time on a single account and that no other accommodation or restaurant bookings will be taken for the period because the hotel is operating at full capacity
14.1 A payment for Exclusive Use does not cover any food, beverage and/or service supplies.
14.2 During an exclusive use period the hotel remains a commercial place of business and all the laws, regulations, rules, guidelines that apply to the hotel and these terms and conditions remain in force at all times.
14.3 In addition to these Terms and Conditions the terms described in Appendix I shall also apply for an Exclusive Use booking
14.4 In addition to these Terms and Conditions the terms described in Appendix II shall also apply to Event bookings where the Event is not an Exclusive Use booking
15. The contract between you and the hotel is made under Scottish law and the Scottish courts shall have full jurisdiction over any legal claims or disputes.
16.These terms and conditions do not affect your statutory rights under consumer protection legislation
17.Muckrach Limited has the right of assignment of the contract between the hotel and the individual or agent making the booking
E&OE2009

