Terms Of Use

Updated March 2020

Welcome to our website. Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of our website, you are agreeing to comply with and be bound by the following terms and conditions of use (‘Terms of Use‘), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of our website, including without limitation users who are browsers, guests, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you must not access our website.

The term ‘we, ‘our’, ‘us’ and other similar terms refers to the owners of Cairnhill Lodge at Glenisla, Blairgowrie, PH11 8PG.

The term ‘you’, ‘your’, ‘user’ and other similar terms refers to website visitors.

The term ‘our website’ refers to www.cairnhill-lodge.com

The content of the pages of our website is for information purposes only. The site, via a third-party provider, enables you to book accommodation at Cairnhill Lodge. It is subject to change without notice.

1. Access Or Use Of Our Website

We reserve the right to suspend, withdraw, discontinue or amend all or any part of our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
 
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions, and that they comply with them.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
 
You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of our website. In addition, you must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious computer software.

Unauthorised access or use of our website may give rise to a claim for damages and/or be a criminal offence.
 

2. Information – Accuracy, Completeness, Timeliness And Reliance

Neither we nor any third parties provide any representation, warranty or guarantee, whether express or implied, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our website for any particular purpose. You acknowledge that information made available on our website may not accurate, complete or current and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information. Any reliance on the material on our website is at your own risk and we do not accept any liability to any person who relies on it.

Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through our website meet your specific requirements.
 

3. Copyright Notice

© Cairnhill Lodge 2020
 
All copyright and other intellectual property rights in all text, images, sound, software and other materials on our website are owned by or licenced to us. 
 
By agreeing to the Terms of Use, you are permitted to browse our website and to reproduce extracts from it by way of printing and/or downloading but only for informational purposes and provided that the above copyright notice appears in all such reproductions. No reproduction of any part of our website may be used for commercial purposes nor shall it be edited or otherwise modified or incorporated in any other work or publication, whether in hard copy or electronic format, including posting to any other site. No other licence or right is granted.
 
If you print off, copy or download any part of our website in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 

4. Your Information 

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate at the time it is provided.
 

5. Variations To Our Website

We reserve the right to update, change or replace any part of our website as and when we consider it appropriate and without notice. Any variations to terms and conditions, including these Terms of Use and Privacy Policy, shall apply from the date of publication of the revised terms and conditions on our website. It is your responsibility to check our website for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
 

6. Viruses

We do not guarantee that our website will be secure or free from bugs or viruses.
 
You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
 
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
 

7. Disclaimer Of Warranties; Limitation Of Liability 

We do not provide any representations, guarantees, conditions or warranties, whether expressed or implied, as to the completeness or accuracy of the information published on our website, or that the material on the website is up to date, or that the website or any service on the website will remain available.
 
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our website services, or if we stop publishing our website.
 
To the extent permitted by law, we hereby expressly exclude:
  • all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in each case in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill or reputation; (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, breach of statutory duty or otherwise, even if foreseeable.
However, nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence, or any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.
 

8. Third-Party Links

From time to time, our website may include links to other websites. These links are provided for your convenience to provide further information and do not signify that we endorse the websites. We use the third-party provider ‘freetobook‘ for our online booking system. 
 
We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
 
We are not liable for any harm or damages that may arise from your use of third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

9. Law And Jurisdiction

By accessing our website you agree that these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots Law.
 
You also agree that any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish Courts.
 

10. Indemnification

You agree to indemnify, defend and hold us and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 

11. Severance

In the event that any provision of these Terms of Use is determined by any court or regulator to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
 

12. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
 
These Terms of Use and any other terms or policies posted by us on our website constitutes the entire agreement and understanding between you and us and govern your use of our website, superseding any prior or contemporaneous agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
 
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
 

13. Contact Information

If you have any questions or concerns about our website please contact us at hello@cairnhill-lodge.com