CONDITIONS OF SUPPLY OF TEMPORARY ACCOMMODATION IN THE ROSEBERY APART-HOTEL
1.1 In these Conditions: “Accommodation” means the serviced apartment or other accommodation provided by the Supplier as part of the Service as hereinafter define. “Client” means the person named overleaf to whom the Supplier has agreed to provide the Service in accordance with these Conditions. “Contract” means the contract for the provision of the Service. “Service” means the provision of temporary short to medium stay in the Accommodation. “Supplier” means Supercity Limited a company incorporated in England under Company Number 03238464 whose registered office is 55 Ennismore Gardens, London SW7 1AJ, United Kingdom. “Charges” means the Supplier’s standard charges for the Accommodation from time to time. “Site” means the Supplier’s website or such other website of the Supplier from time to time in operation. “Writing” means letter, facsimile transmission and/or email. “You” means any person who registers on the Site.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Acceptance of the Terms of the Contract
2.1 The Supplier shall provide the Service to the Client subject to these Conditions. Any changes or additions to the Service or these Conditions must be agreed in Writing by the Supplier and the Client, prior to acceptance of the terms of the Contract.
2.2 The Client must make a booking with the Supplier either (i) by telephone (ii) in Writing or (iii) on the Site.
2.3 To make a booking the Client must either (i) return to the Supplier a signed copy of the attached form of acknowledgement or (ii) complete the registration process on the Site in accordance with clause 2.6 hereof.
2.4 The Supplier will allocate a unique booking reference number to each booking.
2.5 The Contract shall not come into existence until confirmation of the booking by the Supplier which shall be upon the following: (i) if the booking is by telephone or in Writing, the Supplier signing and returning the attached form of acknowledgment to the Client or, (ii) if the booking is on the Site, the Supplier acknowledging the booking by the online confirmation message applicable to the Site.
2.6.1 If You register with the Site on behalf of another individual firm, company or other person, you must ensure that the other person is aware of and agrees to these Conditions, and You warrant that You have done so and are authorised to bind that other person. As part of the registration process, You may designate one or more other individuals who are authorized to use the service on behalf of that other person. In order to access the service, You will be required to enter the user name and password You selected during the registration process.
2.6.2 You may change Your password at any time. You are responsible for the security and proper use of all passwords and must take all necessary steps to ensure that all passwords are kept confidential, and are used properly and not disclosed to unauthorised people.
2.6.3 You must inform the Supplier immediately if you have any reason to believe that any passwords have become known to someone not authorised to use it or if any passwords are being or likely to be used in an unauthorised way. The Supplier will not be liable if passwords are disclosed or used improperly.
2.6.4 If the Supplier has reason to believe that there is likely to be a breach of security or misuse of the service, the Supplier may change any or all of Your passwords and notify You accordingly.
2.6.5 If You forget any password, You will be given a new password once You contact the Supplier and have satisfied the security checks, which the Supplier operates.
2.6.6 You confirm that all information supplied by You during the registration period is true, complete and accurate in all respects. You agree to notify the Supplier immediately of any changes to Your registration information. If the Supplier believes that You have provided false information or that You have intentionally failed to notify the Supplier of any changes to this information, the Supplier reserves the right to terminate Your access to the Service immediately and without notice.
3.Payment of Charges
3.1 Payment for the accommodation is to be made between the client and the booking agent according to the booking agent’s terms and conditions.
3.2 Any extension of the original booking of the Service (subject to availability) must be agreed in writing with the Supplier and paid for in advance in full or as otherwise agreed.
3.3 Upon any reduction of the original booking of the Service the Supplier will use all reasonable endeavors to re-let the Accommodation. However any Accommodation which cannot be re-let will be treated as cancelled in accordance with the terms of clause 8.2 and the Supplier reserves the right to retain any sums paid by the Client.
3.4 The provision of the Service is subject to a minimum stay of seven nights. The Supplier reserves the right to require proof of identity of the Client (by passport driving license or bank card) at the time of checking in.
4.Payment Method and Prior Authorization
4.1 All Charges are based on costs prevailing at the time of the quotation given and may be subject to change.
4.2 All Charges quoted to the Client for the provision of the Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
4.3 Payment can be made in the following forms: Credit/Debit card, VISA, MasterCard, Switch/Maestro or Solo, personal cheques (with the provision of a current banker’s card) or a company cheque. Payment by cheques must be authorised by the Supplier in advance and should be made payable to “Supercity Ltd Templeton Account”
4.4 The numbers of all payment cards (if not previously supplied) will be taken at check-in on arrival for the purpose of prior authorization of any additional Charges and for the Security Deposit. The Supplier will be authorised to charge the card either at the end of a stay of up to one week or on a weekly basis if the occupancy is over a longer period. Failure of payment by the Client will automatically authorise the Supplier to charge the card immediately with the full amount outstanding in addition to any administrative charges incurred as a result.
4.5 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of HSBC Bank plc from the due date until the outstanding amount is paid in full.
4.6 Time for payment is of the essence of the Contract unless otherwise agreed by the Supplier in advance.
5.Check-In and Check-Out
5.1 The Service will be available after 2.00pm on the day of arrival set out in the Contract. The Supplier will make access to the Accommodation in the Service available to the Client immediately prior to 2.00pm on the day of arrival set out on the Contract.
5.2 The Accommodation must be vacated by 11.00am on the day of departure and the keys must be returned to the Supplier by 11.00am on the same day. If there is any delay in vacating the Accommodation beyond the agreed time without prior consent in writing by the Supplier, a full day’s Charge will be charged to the Client for each day or part of the day that the Client delays departure
6.1 A Security Deposit of either £10 per day (up to a maximum of £500) or £250, whichever is the greater, is required for each booking. The Security Deposit may be paid either in advance or on arrival and must be made by credit card of the Client.
6.2 The Security Deposit will be held by the Supplier against any damage to the Accommodation (including the items referred to in the Inventory in clause 10.3) that may result from the Client’s occupation.
6.3 The Security Deposit will be returned by the Supplier after the end of the occupancy period on departure by the Client, less the cost of any damage to the Accommodation.
6.4 The Client will be liable to pay any amount in excess of the Security Deposit for damage resulting from the Client’s occupation of the Accommodation.
7.Number of Occupants
7.1 The number of persons permitted to occupy the Accommodation is limited to two adults per room. Additional persons can be accommodated in the Accommodation for the Charges.
8.1 Any cancellation of the Contract by the Client must be notified to the Supplier in writing at least 7 days prior to the day of arrival. Provided such notice is received at least 7 days prior to the day of arrival, the Supplier will return any sums paid in full.
8.2 In the event that less than 7 days notice prior to the date of arrival is given, then the Supplier reserves the right to retain any sums paid by the Client if it has not been possible to re-let the Accommodation by the day of arrival set out in the Contract.
8.3 Any change in the arrival or departure date without prior notice to the Supplier by the Client will be treated as a cancellation and re-booking and the terms in clause 8.1 will apply.
8.4 The Supplier reserves the right at any time to cancel the Contract and the supply of the Service and to require the Client to vacate the Accommodation forthwith if in the opinion of the Supplier the Client behaves in an immoral or offensive fashion, causes damage to the Accommodation or any other part of the building in which the Accommodation is situated, fails to pay any Charges due under the Contract on time, is in breach of any other of the terms and conditions of the Contract herein, or behaves in any other manner which in the opinion of the Supplier is inappropriate.
8.5 In exceptional circumstances the Supplier may find it necessary to cancel the booking for the Accommodation. This may occur for example when carrying out repairs to the Accommodation. The Supplier will make all reasonable efforts to offer a suitable alternative. If this is not acceptable to the Client, the Supplier will refund the Client’s deposit and any other sum that the Client may have paid to the Supplier, which shall constitute full settlement.
8.6 On cancellation in accordance with clause 8, the Client must vacate the Accommodation immediately and on failure to vacate, the Supplier may use reasonable force to evict the Client from the Accommodation.
9.1 No pets of any kind are allowed under any circumstances. The Client is liable for any damage or inconvenience caused as result of a breach of this condition.
10.Facilities and Services
10.1 The Accommodation will be serviced once a week. The price for this is included in the Charges. However, extra provisions such as laundry will be provided by the Supplier upon request for an extra charge as shall be published from time to time.
10.2 All utility costs are included in the Charges; this includes gas, electricity, water, WiFi, TV licence and telephones. Telephone call charges are not included and will be billed to the Client on a weekly basis.
10.3 All provisions such as gas, electricity, water, WiFi, TV and telephone are partly provided by third parties. The Supplier will not be held responsible or liable for any problems relating to supply of these provisions, which are beyond the Supplier’s reasonable control. The Supplier does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise for these provisions.
10.4 Any queries relating to the condition of the Accommodation must be notified by the Client to the Supplier within one hour of arrival in the Accommodation, failing which the Client will be deemed responsible for any damages noted upon check out of the Accommodation.
11.1 The Supplier will use all reasonable care and skill in providing the Service.
11.2 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from the occupancy of the Accommodation. Clients are advised to obtain their own insurance for their personal belongings. The Supplier cannot be held responsible for the loss of or damage to any goods or personal belongings at the Accommodation.
11.3 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Conditions, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any losses or loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Charges, for the provision of the Service.
11.4 The Client shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any breach of these conditions or any damage caused by the Client due to the misuse of the Accommodation during occupancy.
12.1 Notwithstanding any of the terms of this Contract the Supplier cannot accept any liability for any loss, damage or additional expense where the booking needs to be altered or cancelled or the Supplier is unable to perform the contractual obligations as a result of events of force majeure. For the purpose of these terms and conditions force majeure means any event which could not have been reasonably foreseen or the consequences could not have been reasonably avoided by the Supplier or the third party providers of the relevant provisions in question even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or man-made disaster, fire, adverse weather conditions and all similar events outside the Supplier’s or the third parties control.
13.1 In the event that the Client is not entirely satisfied with the Accommodation offered the Client should notify any complaint to the Supplier as soon as possible. No inspection can or will be carried out when other clients are occupying the Accommodation in question. If the problem cannot be resolved during the occupancy the Client must contact the Supplier in writing within fourteen days of departure and the Supplier will use all reasonable efforts to resolve the matter as quickly as possible.
14.1 These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
14.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its last known address.
14.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and either party shall have the right to pursue the breach accordingly.
14.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
14.5 English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
14.6 For the purposes of the Contracts (Rights of Third Parties) Act 1999, (and notwithstanding any other provision of this Contract) this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
14.7 The Supplier only acts as an agent and not as the principal or serviced apartment owner.
14.8 These Conditions are not and do not form a part of a lease or tenancy. The Supplier reserves the right to re-locate the serviced apartment forming part of the Accommodation with an alternative comparable serviced apartment at any time.