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Terms & Conditions

Please read all these Terms and Conditions. 

As we can accept your Booking and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  01806 249050.   

Application 

  1. These Terms and Conditions will apply to the purchase of the Services by you (the Customer or you).  We are Steven Wilson trading as Fair Isle Accommodation of Koolin, Fair Isle, Shetland Islands, ZE2 9JU with email address hello@fairisleaccommodation.com; telephone number 01806 249050; (the Supplier or us or we). 
  1. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only book the Services from the Website if you are eligible to enter into a contract and are at least 18 years old. 

Interpretation 

  1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; 
  1. Contract means the legally-binding agreement between you and us for the supply of the Services; 
  1. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Booking; 
  1. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored; 
  1. Services means the services advertised on the Website that we supply to you of the number and description as set out in the Booking; 
  1. Booking means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website; 
  1. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; 
  1. Website means our website www.fairisleaccommodation.com on which the Services are advertised. 

Services 

  1. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the Services supplied. 
  1. In the case of any Services tailored to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. 
  1. All Services which appear on the Website are subject to availability. 
  1. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes. 

Personal Information 

  1. We retain and use all information strictly under the Privacy Policy. 
  1. We may contact you by using e-mail or other electronic communication methods and by pre-paid post if you expressly agree to this. 

Basis of Sale 

  1. The description of the Services in our website does not constitute a contractual offer to sell the Services. When a Booking request has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. 
  1. The Booking process is set out on the Website. It is your responsibility to check that you have used the Booking process correctly. 
  1. A Contract will be formed for the sale of Services ordered only when you receive an email from us confirming the Booking (Booking Confirmation). You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Booking placed by you. By placing a Booking you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Booking Confirmation). You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Services supplied under the Contract. 
  1. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time. 
  1. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. 
  1. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business. 

Price and Payment 

  1. The price of the Services or other charges is that set out on the Website at the date of the Booking or such other price as we may agree in writing. 
  1. Prices and charges include VAT at the rate applicable at the time of the Booking. 
  1. You must pay before delivery of the Services. 

Withdrawal and Cancellation 

  1. You can withdraw the Booking by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. 
  1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.  

Right to Cancel 

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. 
  1. The cancellation period will expire after 14 days from the day on which the Booking is confirmed. At this time any deposit that you have paid becomes non-refundable.
  1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision and date of cancellation request (eg by email). 
  1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

Effects of Cancellation in the Cancellation Period 

  1. Except as set out below, if you cancel this Contract within 14 days of booking, we will reimburse to you all payments received from you. 

Timing of Reimbursement 

  1. We will make the reimbursement without undue delay and not later than 14 days after we receive a cancellation request from you in writing. 
  1. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

Returning Goods 

  1. For the purposes of these Cancellation Rights, these words have the following meanings: 
  • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; 
  • sales contract means a contract under which a trader provides Services to a consumer and the consumer pays or agrees to pay the price, including any contract that has services as its object. 

Conformity 

  1. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation. 
  1. Upon delivery, the Services will: 
  • be of satisfactory quality; 
  • be reasonably fit for any particular purpose for which you book the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and 
  • conform to their description. 

Successors and Our Sub-Contractors 

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. 

Circumstances Beyond the Control of Either Party 

  1. In the event of any failure by a party because of something beyond its reasonable control: 
  • the party will advise the other party as soon as reasonably practicable; and 
  • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below. 

Privacy 

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. 
  1. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://fairisleaccommodation.com/privacy-policy/) and Cookies Policy (https://fairisleaccommodation.com/cookie-policy/). 
  1. For the purposes of these Terms and Conditions: 
  • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. 
  • ‘GDPR’ means the UK General Data Protection Regulation. 
  • ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR. 
  1. We are a Data Controller of the Personal Data we Process in providing Goods to you. 
  1. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws: 
  • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; 
  • we will only Process Personal Data for the purposes identified; 
  • we will respect your rights in relation to your Personal Data; and 
  • we will implement technical and organisational measures to ensure your Personal Data is secure. 
  1. For any enquiries or complaints regarding data privacy, you can e-mail: hello@fairisleaccommodation.com. 

Excluding Liability 

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Services wholly or mainly for its business, trade, craft or profession. 

Governing Law, Jurisdiction and Complaints 

  1. The Contract (including any non-contractual matters) is governed by the law of Scotland. 
  1. Disputes can be submitted to the jurisdiction of the courts of Scotland or, where the Customer lives in England and Wales or Northern Ireland, in the courts of respectively England and Wales or Northern Ireland. 
  1. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 10 working days.

Attribution 

  1. These Terms and Conditions were created using a document from Rocket Lawyer  
      

listen to music

Fair Isle is famous for its folk music with many professional musicians born and bred here. I’m proud to say that several of my family members are acclaimed musicians worldwide and I have shared their music throughout my website to let you listen while you browse.

Simply click play on the audio player below to enjoy the fiddle and folk music written, performed and produced by Chris Stout, Ewen Thomson and Inge Thomson.

HINT: If you are browsing the gallery on a mobile or tablet the music may automatically stop when you come to a video. Simply press the audio play button again to resume the music.

contact me

If you have any questions, you can message me by clicking on the button below. You can also contact me on WhatsApp and by phone on 01806 249050.

I look forward to hearing from you.

Regards, Steve

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