Terms & Conditions
These conditions cover all bookings made through the Calton Living and Museum Apartments website as part of Calton Living Ltd registered in Scotland under number SC609636 whose registered office is at The Data Centre, Edzell Base, Brechin, DD97XB. You accept these conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others. In addition by visiting or using our website you agree to comply with the Site Terms.
1. Interpretation
Definitions: In these conditions the following definitions apply:
We/us/our: Calton Living Limited
The Booker/you/your/guest: The person using services provided by Calton Living
The Group/Group Bookings: A booking of two or more apartments in the same property
Property/Properties/Apartments: The accommodation provided by and operated by Calton Living Ltd.
Booking Conditions: The payment and cancellations terms applicable when booking with Calton Living.
Offline: A booking/enquiry made with Calton Living, via telephone or email.
Online: A booking/enquiry made with Calton Living via www.caltonliving.com
Property: The physical building being provided for your accommodation.
Apartment: To the specific apartment provided within a property for your accommodation
Visitors: People visiting the person/people staying in apartments provided by Calton Living
2. Your booking
A booking is confirmed when payment has been made in full and your confirmation has been dispatched by us. Upon completing your booking and receiving your confirmation, you enter into a contract with Calton Living on our stated terms and conditions.
Restrictions may apply including, but not limited to, minimum number of nights and age restrictions; you will be advised of these at the time of booking where applicable. We reserve the right to refuse or cancel any booking at any time.
Prior to receiving check-in instructions, all guests are required to provide copies of valid government-issues photo ID, such as passport or driving licence. Copies will be kept on file until the time of your check-out and when the apartment is found to be left in acceptable conditions with no damages or missing items.
All guest names and contact telephone numbers are required at the time of booking including whether they are adults or minors.
As soon as your confirmation is received, please check the details carefully. If anything is not correct please let us know immediately. We regret we cannot accept any liability if we are not notified of any inaccuracy in the documentation. If there is an error in the confirmation, we reserve the right to correct it as soon as we become aware of it and no later than 24 hours before your arrival date.
2.1 Special Requests
Please ensure we are made aware in writing, of any special requirements at time of booking. Although we will endeavour to meet any reasonable requests, no guarantees can be given that any request will be met.
The specific check- in and check-out policy is confirmed at the time of booking and will be stated on the confirmation. Arrival or late departure may be available for an additional charge but cannot be guaranteed.
2.2 Group Bookings
All group bookings, including those made online, will be subject to special conditions including group cancellation and payment terms.
We reserve the right to not accommodate any group bookings, including but not limited to Stag & Hen parties.
2.3 Payment
Payment in full is required at the time of booking unless otherwise agreed. If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made.
Credit card details must match the security checks and guest ID provided.
2.4 Payment of Additional Charges
Valid credit/debit card details must be supplied at the time of booking to cover “additional charges”. A written statement of the “additional charges” with any relevant photo evidence will be sent to you prior to any charges being made. In the event that payment under a debit/credit card is declined, or no card details are provided, we reserve the right to invoice the booker or guest direct for these charges.
3. Pricing
The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates from time to time.
Prior to the booking being confirmed, rates quoted are based on the rates prevailing at the time and are subject to change. Once a booking has been confirmed we will not change the rate quoted unless you amend the booking or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control. VAT is charged at the rate in force on the earliest of the date of payment, the date of arrival or the date of invoice, unless the VAT rate changes during your stay.
4. Changes, extensions and cancellations
All requests for changes, extensions and cancellations must be made in writing or you will be liable to pay us the full amount of the booking. Any requests contrary to the cancellation policy selected at the time of booking are at our discretion and may be declined.
If you wish to extend your stay please give us as much notice as possible in order to facilitate your request. All extensions are subject to availability and rate change.
Where notice to extend a stay has been given, we reserve the right to take all additional payments and charges from any credit/debit card used to make the original booking, or an invoice for the extended period will be sent to your billing address and payment must be made by return.
Calton Living reserves the right to treat an early departure or reduction in the number of nights or apartments booked as a cancellation and apartments may be re- let and cancellation charges will apply. Non-arrivals will be treated as a cancellation and you will not be entitled to any refunds.
Transaction fees are not refundable in the event of a cancellation.
Cancellations; The cancellation policy is confirmed at the time of booking.
Notice Period; cancellation charges relate to the date prior to arrival when we are notified of the cancellation and will determine the cancellation charges incurred according to the table below.
5. Changes by us
We do not expect to have to make any changes to your booking however occasionally bookings have to be changed or cancelled and we reserve the right to do so. If this does happen, we will contact you by telephone or email where reasonably possible. If a change has to be made or your booking has to be cancelled we will, if possible, offer you an alternative apartment of similar type and standard in a similar location for the same period. If the alternative apartment is advertised at a lower price, you will receive a refund of the price difference. However, if the alternative apartment is at a higher price the new price may be payable. If you do not wish to accept a change or any alternative apartment offered or we cannot offer you a suitable alternative apartment, you may be entitled to cancel your booking and receive a refund unless this is the result of an event beyond our control.
You should tell us as soon as possible whether you wish to accept any change or alternative apartment offered or alternatively if you want a refund.
Events beyond our control include but are not limited to the following: act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal or revocation of any licence or consent), fire, flood, lightning, explosion, fog or bad weather, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo, blockade.
6. Insurance
We are not responsible for the theft and/or damage of your personal belongings during your stay in any apartment booked. Therefore you are advised to ensure you have appropriate insurances in place. In addition you are advised to ensure you have appropriate travel insurance to cover cancellation and medical expenses.
7. Website
Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites.
Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown. Actual apartment size, design, fixtures, furnishings and facilities may vary. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any accommodations made available.
8. Liability
We are responsible for our own operated apartments, subject to the following conditions.
All warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from any contract with us and these conditions shall apply in their place. However, nothing in these terms and conditions will affect your statutory rights if you are a consumer. Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or any liability that cannot by law be excluded.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for
any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website,
the services rendered or the products offered by the supplier or other business partners,
any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross)negligence, wilful misconduct, omissions, non- performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
If you are booking for, as or on behalf of a business or business employee, that business shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your, or your business’s, breach or negligent performance or non- performance of these terms and conditions. If you are booking for, as, or on behalf of a business or business employee, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of your booking shall be limited to the fees paid to us under your booking.
9. Your Accommodation
All apartments are occupied as serviced apartments and are only to be used as temporary or holiday accommodation for you, or your organisation. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or an assured shorthold or assured tenancy. No relationship of landlord and tenant is created and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment. We cannot guarantee an exact apartment number prior to check-in. The maximum guests in an apartment is determined by the number of beds in the apartment. If the maximum number is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional apartments or ensure all non-permitted guests vacate the building.
10. Facilities and services
Cleaning: A housekeeping service is provided once per week for stays of 7+ nights which will include cleaning and the provision of fresh bed linen and towels. Additional housekeeping services can be requested with at least 24hrs notice and are subject to additional charges.
Maintenance: In the case of a maintenance issue, we may need access to your apartment to carry out essential repair work. We will endeavour to provide at least 12 hours notice except in the event of an emergency when we require immediate access.
Internet Access: Information about Internet access will be provided at time of booking and on arrival. Access is subject to the Calton Living acceptable use policy which in the interest of fairness and to ensure the best service for all guests limits the data download to a maximum limit of 1GB (1024MB) per day. At peak times the bandwidth available for connection to the Internet may be under pressure due to the number of people connecting to the Internet, both internally and externally. Calton Living recommends that activities requiring increased bandwidth such as Movie/TV streaming is limited at these times. A support service is available to assist guests connecting to the Internet but if in Calton Living’s opinion the fault is deemed to be with the guest’s equipment no support can be provided. Guests must not interfere, move or disconnect any equipment relating to the provision of the Internet access and must not use the connection for any illegal or immoral purpose (including but not limited to file sharing) and Calton Living reserve the right to pass on any record to the authorities should Calton Living be made aware of any such use. Calton Living reserves the right to disconnect a guest at any time without notice if, in Calton Living’s opinion they breach any of these terms and conditions (including exceeding the download limit).
Security: Guests will be provided with an access code to access the property and the apartment. It is your responsibility to ensure you are in possession of these codes at all time to ensure access to the building and your apartment during your stay. Assistance may not be available outside of regular working hours.
Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay, however, cannot guarantee or be held responsible for any failure or interruption of services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband/ internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property or externally. Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time at our apartments.
Guest Services: Our team are available to ensure your stay is as comfortable and enjoyable as possible. Contact details and working hours are made available with your check-in instructions.
11. Guest responsibility
Guests are expected to comply with any regulations for use of the apartment. These are available on arrival, usually in the Guest Information Folder, in the apartment. If any guest breaches any of these conditions or the regulations, we reserve the right to request a guest vacate their apartment immediately without refund.
Smoking: Smoking is not permitted in any apartment or apartment building, this includes the use of electronic cigarettes.
Pets: Pets are not allowed in any apartment or apartment building.
Nuisance: Guests are required to behave in a responsible manner, respect the apartment and their fellow guests and keep noise to a minimum between the hours of 10pm and 7am. This includes causing any sort of nuisance or disruption to fellow guests or using threatening or abusive behaviour towards a member of staff on the phone, in writing or in person. Guests are not permitted to use the apartment for any illegal or immoral purposes. An additional charge will be made if the Management team is called out in response to a nuisance complaint.
Age Restrictions: In order to ensure the safety of all our guests, bookings may not be accepted from any guests under the age of 21 unless there has been prior agreement in writing directly with the property. Proof of identification and date of birth will be requested prior to arrival and if not provided on request, we reserve the right to cancel the booking.
Visitors: Non-resident guests may only be permitted if permission is provided by management in writing. At no time will non-resident guests be allowed access to the apartments after 11pm or to stay overnight. We operate a strict no party policy.
Damage: Guests are required to keep the apartment, furniture, fittings and effects in the same condition as on arrival. Inventories and condition reports can be provided at the start and end of the stay, if required, at an additional cost. You are required to notify us of any damage, loss or broken items or matters requiring general maintenance. Any damage to the apartment will be charged in full. In the event that these are discovered after departure we will notify you or the booker within 7 days of departure with full details and where possible photographic evidence. We reserve the right to charge the card payment details provided and pre-authorised at the time of booking where you or a guest of your booking causes damage of any kind to the hotel or the apartment.
Cleanliness: We expect the apartments to be left in a reasonable state of cleanliness and order on departure. An additional charge will be made for extra cleaning or specialist cleaning to return the apartment to a fit state for occupation. Additional charges may include compensation for loss of revenue in addition to cleaning and repairs.
Lost Property: All your possessions should be removed from the apartment on the date of departure. We will use reasonable endeavours to alert you to and return any lost items; shipping and admin fees will be at the expense of the guest.
Storage: Luggage storage is not provided. Luggage left in the building is not permitted and at the risk of guests. If any items are found and deemed to obstruct exit paths or create a safety hazard, they may be removed. Calton Living do not accept liability for unattended items.
12. Additional charges
As a guide, additional charges include, but are not limited to the following:
Breakages, loss or damage to the apartment or any of its contents.
Cleaning, specialist treatment charges where more than routine cleaning is required
Smoking in the apartments or in the hotel outside of the designated areas will result in a £300 inc. VAT fine.
Other services e.g. extra cleaning may be available on request
VAT and local taxes are payable on all additional charges and where the level of the additional charges is not specified in these conditions, we will charge you the actual cost together with any administration costs.
Prices for additional charges may change at any time. For payment of additional charges see clause
13. Health and safety
We take the health and safety of all our guests seriously. On arrival we suggest you familiarise yourself with the layout of the apartment and building and the health and safety procedures as detailed in your apartment.
14. Quality and feedback
We are committed to providing quality accommodation and conduct regular audits to ensure that high standards are maintained at the apartments. We also welcome feedback from our guests and ask them to complete a guest satisfaction survey on departure. We value this feedback which provides us with useful information on how we can improve our services further.
15. Complaints
In the unlikely event that you are dissatisfied with any aspect of your accommodation please notify the team as soon as possible in the first instance. If you do not give us the opportunity to resolve a problem during your stay, it is impossible to help. We aim to deliver the best possible customer service, but in the unlikely event that you are dissatisfied with our service, please contact us by email to info@caltonliving.com.
16. Privacy
We may use your contact details to tell you about our services and apartments including special offers that we think may be of interest to you. You can opt out by letting us know in writing at any time. Telephone calls may be monitored and/or recorded as a security measure, to help us to train our staff and improve our service to you.
17. General
We reserve the right to change these conditions from time to time. If guests are in breach of any of these conditions, we reserve the right to request that guests vacate their apartment immediately.
18. Museum Apartments website
Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith but you acknowledge that we cannot check the accuracy of all information. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites. Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown. Actual apartment size, design, fixtures, furnishings and facilities may vary.
19. Your online booking
If you make an instant online booking, you will be taken to a confirmation screen with a summary of your booking, including your booking reference number and the booking conditions made up of the apartment's payment terms, cancellation policy and check- in procedure. Shortly after making your booking, you will also receive a full confirmation email re-iterating this.
20. Payment
Our online payment policy is clearly displayed on our website at the time of booking on the confirmation page and may also be provided on your confirmation email.
Payment to be made in Pounds Sterling. If booking with a rate displayed in another currency to the rate, this will be converted into pounds sterling at the exchange rate in force at the time of booking. We cannot be held responsible for rate changes between booking and time of cancellation
If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made.