1.1 The following terms and conditions (the “Conditions”) and any written confirmation of your booking issued by us (including by email or fax) (the "Booking Confirmation") shall apply to all bookings made with The Hozier Lane Apartments Limited (Company Number 07833671) ("The Hozier Lane") to rent a serviced apartment ("Apartment").
1.2 References in the Conditions to "we", "our" or "us" are references to The Hozier Lane. References to "you" or "your" are references to your company, as stated in the Booking Confirmation.
1.3 References to the "Occupier” are references to any occupier of the Apartment pursuant to any booking that you make with us, whether an employee of yours, an owner, director, customer, supplier or any person known to you, and includes any guests of that person.
1.4 Reference to any statute shall, unless the context otherwise requires, be construed as a reference to that statute as amended, extended, re-enacted or replaced.
1.5 In the event of any conflict between the Conditions and the Booking Confirmation, the Booking Confirmation shall prevail.
2 BOOKING CONFIRMATION
2.1 The Conditions shall be deemed accepted by you and a contract will come into effect between you and us on such Conditions from the date we issue you with a Booking Confirmation.
2.2 We have the right to refuse any booking prior to the issue of the Booking Confirmation for whatever reason.
2.3 The Booking Confirmation will show the period for which the booking has been made (the “Accommodation Period”) and the price for the Accommodation Period (the "Price").
3.1 The Price shall include the Included Costs as referred to in Condition
4.1 but shall not include the Additional Costs as referred to in Condition 4.2.
3.2 All prices and charges quoted are exclusive of Value Added Tax ("VAT") and you shall be required to pay VAT (where applicable).
3.3 Payment by credit card will be subject to a credit card fee at the rate charged by the bank from time to time.
3.4 Should any additional taxes or levies be introduced which increase the Price or any other costs of the booking following the issue of the Booking Confirmation, you shall be required to pay the extra amount.
3.5 No payment shall be deemed to have been made until we have received cleared funds.
3.6 Unless otherwise stated in the Booking Confirmation, for any Accommodation Period of 30 days or less, we will invoice you for the Price at the time we issue the Booking Confirmation.
3.7 Unless otherwise stated in the Booking Confirmation, for any Accommodation Period of 31 days or more, the following payment terms shall apply:
(a) we will invoice you for the first 30 days of the Accommodation Period (the “Initial Period”) in accordance with Condition 3.6; and
(b) we will invoice you for each subsequent 30 day period or such lesser period (as applicable) (“Subsequent Period”) no later than 21 days prior to the commencement of each Subsequent Period.
3.8 Unless otherwise stated in the Booking Confirmation, all invoices shall be paid within 14 days of the invoice date. We shall be entitled to cancel a booking in the event that payment is not received by us in cleared funds prior to commencement of the Accommodation Period.
4.1 The Price includes the following (the “Included Costs”):
(a) heating, electricity, gas and water used at the Apartment during the Accommodation Period;
(b) any rent or service charges payable in respect of the Apartment;
(c) any council tax, television licence and telephone line rental charges;
(d) a weekly maid service;
(e) bed linen and towels (changed weekly);
(f) weekend telephone calls to UK landlines (excluding premium rate numbers);
(g) unlimited internet usage;
(h) a welcome pack;
(i) personal “check-in” (Monday to Friday 9am – 5pm (“office hours”)); and
(j) toiletries provided at the start of the Accommodation Period.
4.2 You shall be liable for all additional costs (“Additional Costs”) incurred by the Occupier including without limitation:
(a) the cost of replacing or repairing any breakages or damage to the Apartment or any of its contents which shall be charged at the cost of replacement or repair plus an admin fee of 20% of such cost;
(b) the cost of specialist cleaning when more than routine cleaning is required;
(c) the cost of any additional housekeeping services beyond those covered by the Included Costs (details available on request); (d) personal "check-out", where requested, and/or personal “check-in” outside office hours or on national holidays at £95 per "check-in" or "check-out";
(e) "check-in" or "check-out" inventories, where requested, at £65 (1 bed) and £85 (2 bed) per "check-in" or "check-out";
(f) the cost of replacing lost keys, fobs/swipes or car park passes at £45 each;
(g) call out charge to gain entry at £50 during office hours and £95 at all other times and on national holidays. Any specialist charges (such as those of a locksmith) will be additional and charged at cost plus an admin. fee of 20% of such cost;
(h) provision of any other services which are not covered by the Included Costs; and
(i) any other financial costs or losses suffered by us (together with our admin. costs) where the Apartment cannot be immediately reoccupied due to the acts or omissions of the Occupier including due to any damage caused by the Occupier or the requirement for specialist cleaning or repairs.
4.3 We may require a credit card deposit from you or the Occupier to cover any Additional Costs prior to the commencement of the Accommodation Period (the “Deposit”).
4.4 In the event that the Deposit is insufficient to cover any
Additional Costs incurred, or where no Deposit is held, we will invoice you for any Additional Costs (or the balance of the same, as applicable) for payment by you within 14 days of the invoice date.
4.5 In the event that no Additional Costs are incurred, or the total of the Additional Costs does not exceed the Deposit, we will refund the Deposit (or the balance of the same, as applicable) to you or the Occupier (as applicable) within 14 days of the end of the Accommodation Period.
5 IF YOU CANCEL A BOOKING
5.1 In the event that you wish to cancel a booking after the date on which we issue the Booking Confirmation but prior to the commencement of the Accommodation Period the following written notice must be given by you:
(a) if the Accommodation Period is for 31 days or less, at least 20 days written notice prior to the commencement of the Accommodation Period;
(b) if the Accommodation Period is for 32-90 days inclusive, at least 25 days written notice prior to the commencement of the Accommodation Period; and
(c) if the Accommodation Period is for more than 90 days, at least 30 days written notice prior to the commencement of the Accommodation Period.
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5.2 The notice periods referred to in Condition 5.1 shall be deemed to run from the date on which we receive your written notice. We shall be entitled to treat your booking as cancelled from such date and shall have no further liability to you.
5.3 Where sufficient notice is provided, any sum that you have paid in respect of the Price shall be refunded and any Deposit paid shall be refunded to you or the Occupier (as applicable).
5.4 Where insufficient notice is provided, any sum that you have paid in respect of the Price shall be refunded less a cancellation charge. This charge shall be the nightly cost of the Apartment multiplied by the number of day's notice that you were required to give pursuant to Condition 5.1 less the actual notice given (if any) (the "Cancellation Charge"). For example, if 20 days' written notice is required under Condition 5.1(a) and only 14 days' notice is given you shall be liable for the nightly cost of the Apartment multiplied by 6.
5.5 Should an Occupier fail to arrive at the Apartment by 11am on the day after the commencement of the Accommodation Period and we have not been advised of a late arrival, we shall be entitled to treat your booking as cancelled and subject to the Cancellation Charge.
5.6 Any Cancellation Charge shall be payable within 14 days of the invoice date.
6 BOOKING EXTENSIONS
6.1 In the event that you wish to extend the Accommodation Period, you should contact us as soon as possible.
6.2 Extensions are subject to the availability of the Apartment and shall be at our sole discretion. An alternative apartment may be offered if the Apartment has been booked for all or part of the required extension period.
6.3 We may increase the Price of the Apartment for any period of extension.
6.4 Any extension period will be treated as a new booking and will be invoiced accordingly.
7 FORCE MAJEURE
7.1 We reserve the right to defer the start of the Accommodation Period, cancel the booking or make a material change to the booking if we are prevented from, or delayed in, the carrying on of our business due to circumstances beyond our reasonable control including, but not limited to: acts of God, governmental actions, war or national emergency, acts or threats of terrorism, protests, riot, civil commotion, telecommunications, internet or satellite failure, fire, explosion, flood, epidemic, lock-outs or other labour disputes, destruction or damage of the Apartment or any common parts by any cause, determination of any superior lease or to ensure compliance with any permissions, licence or statute or revocation or amendments thereof (a “Force Majeure Event”).
7.2 We will contact you as soon as reasonably practicable in the event of us having to cancel or materially change a booking due to a Force Majeure Event.
7.3 We will not be liable for any loss or damage suffered by you or the Occupier due to any cancellation or change by us of your booking or due to any failure by us to perform our obligations or any loss of services (including, without limitation, the provision of gas, electricity, water, internet or any telecommunications) at the Apartment which is due to a Force Majeure Event.
7.4 If we have to cancel your booking or make a significant change to it due to a Force Majeure Event we will attempt to provide you with an alternative comparable apartment for the same period as the Accommodation Period. You shall advise us as soon as practicable whether you wish to accept any alternative apartment offered to you.
7.5 If the Force Majeure Event arises prior to the commencement of your Accommodation Period, and you do not wish to accept a significant change or an alternative apartment or we cannot offer
you a suitable alternative apartment, you will receive a refund of all sums paid to us in advance in respect of the Price and the Deposit (if applicable) but we will not be liable for any costs or charges you incur, including in connection with the arrangement of alternative accommodation.
7.6 If the Force Majeure Event arises during your Accommodation
Period, and you do not wish to accept a significant change or an alternative apartment or we cannot offer you a suitable alternative apartment, you will receive a refund of all sums paid to us in advance in respect of the unexpired part of the Accommodation Period, but we will not be liable for any costs or charges you incur, including in connection with the arrangement of alternative accommodation.
7.7 Without prejudice to our rights and remedies, if, at any time during the Accommodation Period, we become aware of:
(a) anti-social behaviour or damage on the part of the Occupier at the Apartment; or
(b) any breach of the Conditions or Booking Confirmation we may cancel the booking immediately and ask the Occupier to leave the Apartment. This will be deemed a cancellation by you and you shall be liable for the Price in full plus any Additional Costs incurred. No refund of any monies you have paid in respect of the Price will be made and we shall have no further liability to you.
8.1 You agree to provide us with written details of the name, mobile number, email address, photo ID and proposed arrival time of the Occupier as soon as possible following the issue of the Booking Confirmation and, in any event, prior to the commencement of the Accommodation Period.
8.2 Only the person(s) whose details have been notified to us prior to the commencement of the Accommodation Period may collect the keys and occupy the Apartment. The Occupier will be required to show photo ID in order to collect the keys.
8.3 You may not re-let/sublet the Apartment to any other third party.
8.4 Any change in the identity of the Occupier, or the number of occupants (which shall be one unless otherwise agreed by us in writing), shall require our prior written approval and you agree to provide us with their details in accordance with Condition 8.1.
8.5 You agree that we may contact the Occupier directly at regular intervals throughout the Accommodation Period to ensure everything is to their satisfaction.
8.6 The Occupier shall be responsible for the safety of any
belongings left in the Apartment during the Accommodation Period, which shall be left in the Apartment at the Occupier's own risk.
8.7 You shall remain responsible for the acts and/or omissions of the
Occupier and shall procure that the Occupier complies with the Conditions and the Booking Confirmation.
9 RULES OF OCCUPATION
9.1 You shall procure that the Occupier complies with the following
rules relating to the use and occupation of the Apartment (copies of these rules are contained in each Apartment):
(a) the Occupier must use the Apartment responsibly and with
respect for those persons living in neighbouring properties;
(b) the Occupier must not use the Apartment for any
dangerous, offensive, illegal or immoral activities or any commercial purpose;
(c) the Occupier must keep the Apartment clean and tidy and its contents in the same condition as on the first day of the Accommodation Period, fair wear and tear excepted.
Breakages and damage must be reported to us as soon as possible;
(d) the Occupier shall not affix anything to the surfaces of the
Apartment or remove any of its contents;
(e) the Occupier shall not undertake any anti-social behaviour
(including creating any excessive noise) at the Apartment;
(f) no pets (other than registered guide/hearing dogs belonging to those with visual and hearing impairments as notified to us in writing in advance) are allowed in the Apartment;
(g) no smoking is permitted in the Apartment including the
balcony or other outside space (where applicable) and within any common parts;
(h) the Occupier must not re-let/sublet the Apartment to any other third party; and
(i) the Occupier's belongings must be removed from the
Apartment by 11am (local time) on the final day of the Accommodation Period. We will hold all material belongings left in the Apartment for 14 day following the end of the Accommodation Period, and they may then be destroyed.
10 CHECK-IN AND CHECK-OUT
10.1 Unless otherwise agreed in writing by us, the Occupier may at the Apartment from 3pm (local time) on the first day of the Accommodation Period.
10.2 Unless otherwise agreed in writing by us, the Occupier must vacate the Apartment by 11am (local time) on the last day of the Accommodation Period. Any delay in vacating the Apartment may lead to an additional day's rental charge.
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11 DATA PROTECTION
11.1 Our privacy and data protection policies (the "Policies") form part of the Conditions.
11.3 You confirm that you have obtained the appropriate consents to allow you to provide us with the Occupier’s details for the purposes of the Conditions, the Policies and the Booking Confirmation.
12 RIGHTS OF ACCESS
12.1 You shall procure that the Occupier allows us and any representative of ours (including maintenance and cleaning staff access to the Apartment at any reasonable time during the Accommodation Period for the purposes of checking the condition of the Apartment, cleaning and carrying out any necessary remedial work.
12.2 We shall attempt to provide the Occupier with as much notice as reasonably practicable prior to entering the Apartment. No notice to enter the Apartment shall be required in the case of an emergency or to carry out general cleaning and housekeeping duties.
12.3 The Occupier shall be provided with one set of keys for the Apartment. We shall retain a set of keys for access to the Apartment, as will our cleaning staff.
13 SECURITY OF TENURE
The Conditions and the Booking Confirmation amount to a contractual agreement for the use of the Apartment as either temporary or holiday accommodation ancillary to the requirements of your activities. The Apartment is not to be used as a dwelling house. No landlord and tenant relationship is created and the Occupier shall not be entitled to any form of tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure.
14.1 We shall not be liable for any:
(a) indirect, special, consequential or economic loss; or
(b) any loss of profit, revenue or goodwill arising out of any booking, the Accommodation Period or otherwise in connection with the Conditions or the Booking Confirmation.
14.2 Our maximum, aggregate liability arising out of any booking, the
Accommodation Period or otherwise in connection with these Conditions or the Booking Confirmation however arising for any losses not covered by Condition 14.1 shall be limited (to the fullest extent permitted by law) to the value of the Price received by us pursuant to a Booking Confirmation.
14.3 Nothing in these Conditions shall limit or exclude liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation.
Any waiver by us of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by us in exercising any right or remedy shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
Should any of the Conditions (or part thereof) be held by any competent authority to be invalid, illegal or unenforceable in whole or in part, that Condition (or part thereof) shall, to the extent required, be deemed not to form part of the Conditions, and the validity and enforceability of the other Conditions (or parts thereof) shall not be affected.
The Conditions apply in full to the extent that they are not expressly varied by us in writing and such variation is notified to you.
18 RIGHTS OF THIRD PARTIES
You agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to the booking, the Conditions or the Booking Confirmation and that only we and you shall have rights under or in connection with the booking, the Conditions and the Booking Confirmation.
19 ENTIRE AGREEMENT
These Conditions, together with the Booking Confirmation, set out the entire agreement between you and us in respect of the subject matter and supersede all prior agreements, whether written or oral. No other terms and conditions shall apply, including those contained in any purchase order issued by you.
20 GOVERNING LAW & JURISDICTION
These Conditions, together with any Booking Confirmation, shall be governed by English law. Any claim or dispute which may arise in connection with these Conditions or any Booking Confirmation shall be subject to the exclusive jurisdiction of the English Courts, save in respect of the enforcement of any judgment, where such jurisdiction shall be non-exclusive.
© THE Hozier Lane APARTMENTS LIMITED