TERMS AND CONDITIONS OF HIRE
These Terms and Conditions of Hire are a contract between Jardine Apartments Limited (“us”, “we”, “our”), and You, the person making the booking and all adult members of your party who will be staying in any of our apartments (“you”, “your”, “client”, “guest”). By making a booking or staying in one of our apartments you agree to abide by these terms and conditions.
3.1 At the outset you must provide us with sufficient information to conclude a booking. We reserve the right to reject any booking for any reason we suspect can breach these Terms.
3.2 Any special requests relating to the hire of the apartment should be notified prior to booking. We will use reasonable endeavours to accommodate any special requests and special requests may incur Additional Charges.
3.3 Payment of the agreed price is due within 24 hours of booking, unless otherwise agreed. Where you default on payment, we may terminate this agreement immediately upon notice to you.
3.4 All payments due are exclusive of vat, which will be charged to you at the prevailing rate where applicable.
3.5 Unless otherwise agreed in writing, for every full or part day the apartment has not been returned beyond the agreed date of return we may charge a full day’s hire at current hire rates for each part or full day the apartment is not returned to us. Payment of any such further charges shall be made upon demand and you authorise us to take such further charges from any credit or debit card used to make the booking.
3.7 You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this agreement.
3.8 You shall pay on demand default interest charges (both before and after any judgement) on any sum payable by you to us under this agreement and not received by the due date at the annual rate of 5 per cent above the bank of England base rate in force at the time calculated on a daily basis and compounded on a monthly basis from the due date for payment until payment is received by us in cleared funds.
3.9 Payment for extensions are due before the cancellation notice period.
4.1 Please ensure that you inspect the Apartment on check-in. Unless we receive notification otherwise within one hour of check-in we will be entitled to assume that you have fully accepted that the condition of the Apartment is in good repair, condition and in a clean and tidy state and you will waive any right to claim otherwise.
4.2 Risk of damage to the Apartment and its contents will pass to you on check-in and remain with you until the Apartment is returned to us. You shall be liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.
4.3 A security deposit of £150 to cover your obligations under this Agreement may be taken at or prior to check-in. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking. Any security deposit paid will be returned to you in full (or any payment authorisation cancelled) upon the Apartment being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 4.2, we may withhold some or all of your deposit to cover our loss and damage and our administration fees associated with repairing or dealing with the loss or damage. These will be Additional Charges
5.1 Additional Charges which may be payable include those items specified in the Booking and any specified in these terms and conditions.
5.2 Where Additional Charges (including charges for damage) are payable, you hereby authorise us to take them from the credit or debit card used to make the Booking, up to the pre-authorised amount which is detailed on the Booking and can be between £100 to £500. Our hold on your credit card will normally last for five days from the date of your departure.
Where Additional Charges exceed the pre-authorised amount you will be invoiced for the excess. If no credit or debit card was used in the Booking, you must pay Additional Charges by another means acceptable to us. All Additional Charges are due on or before the check-out date, unless the context otherwise requires.
5.3 If you fail to pay any Additional Charge within 14 days of the date of our invoice requiring payment of the same, you will incur an administration fee of £50 to cover the costs of sending you our debt collection letter, which will follow.
6.1 We will use our reasonable endeavours to accommodate your requests for alterations of your Booking, subject to availability of accommodation.
6.2 If you wish to cancel the whole or any part of your booking and you notify us in writing (see our contact details below) 14 days or more in advance of your date of arrival, no cancellation fee will be charged and your deposit will be refunded (unless stated differently at the time of booking). It is your responsibility to ensure that we receive your notice of cancellation in time.
If cancelled between 14 and 8 days (including) prior to your arrival date, 50% refund will be paid back to you.
6.3 If cancelled within 7 days (including) of your arrival date, or in the case of a no-show, the total price of the reservation will be charged.
6.4 No refunds will be made for non-arrivals.
Credit card surcharges are non-refundable.
7. Our liability for Death, Personal Injury, Loss of Property, Lack of Services, etc.
7.1 We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
7.2 Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc.) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/transformer are a serious fire risk. Please ensure that all heated appliances are switched off and stored safely before leaving the apartment. Guests found to be in breach of this rule may be asked to leave with immediate effect.
7.3 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
7.4 Cars and their contents are parked at their owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
7.5 Property left in the apartment will be kept for 1 week after departure or forwarded at the guest’s expense.
7.6 Save where there is a total failure to provide useful accommodation as reasonably expected under this agreement, we cannot be held responsible for any failure or interruption to services to the apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.
7.7 We shall have no liability for any loss which was not foreseeable at the time we entered this Agreement or losses not caused by our breach of this Agreement, and, if you are entering this Agreement in the course of a business, we shall have no liability for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss (whether arising through breach of contract, tort including (without limitation) negligence, or breach of statutory duty. In any case our total liability to you is limited to the total cost of your reservation.
7.8 All descriptions and photographs of the Apartment are for illustration only and we do not warrant that they are accurate or complete, although we do use all reasonable endeavours to ensure that they are.
7.9 We do not exclude liability for fraud, and your legal rights are not affected by any term in this Agreement.
8.1 Unless otherwise agreed, Jardine Apartments will issue to the guest one set of keys to the property. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the client
8.2 If the guest locks him or herself out of the property and requires the owners’ assistance to re-enter the property, we reserve the right to charge an administration fee, as an Additional Charge.
8.3 We will retain keys to the property and will access the property to provide the services set out in this agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage has been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
8.4 On check-out, keys must be left in the key lock-box (or the same place as the guest collected them from) and the accommodation must be left locked. Loss of keys will incur an Additional Charge.
8.5 You shall ensure that the Apartment is locked whenever you are not in it. You shall guard the keys against loss or theft at all times.
Wireless Broadband Internet is available at our apartments, however, we will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless broadband internet is not a contractual provision. We do not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses. All usage of the broadband must be within normal usage amounts (generally, 2GB download per day) unless otherwise agreed.
Should a guest or client report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided, we reserve the right to charge the guest for the maintenance call out, as an Additional Charge.
11. Client’s Obligations
11.1 The client will guarantee the following, all being conditions of the contract between us, breach of which would entitle us to cancel the remainder of the booking: –
11.2 Guests will not keep any animals, insects, birds or reptiles in the property.
11.3 Guests will not behave in an abusive or threatening manner towards the owners, our staff or neighbours.
11.4 Guests will not do or permit any act reasonably likely to make any insurance policy on the property void or voidable or increase the premium.
11.5 Guests will not do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 10pm and before 9am can be reported to the local Council.
11.6 At the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition. The client will pay (as an Additional Charge) for the repair or replacement of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save for reasonable wear and tear.
11.7 Guests will use the Property for private residential purposes only and not for any business use.
11.8 Guests will not make any alterations to the property, or attempt to make any repairs.
11.9 Guests will allow us or our authorised representatives permission at all reasonable times to enter the Apartment to inspect its condition or carry out maintenance.
11.10 The client will not assign, underlet, sub-license, charge or part with possession of the whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
11.11 Guests will not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the owners’ furniture and effects.
11.12 Guests will not hang on the outside of the property any flower pot or similar object or any clothes or other articles.
11.13 Guests will not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow, and will immediately report any such blockage etc. to us (see 11.17)
11.14 Guests will not leave the entrance door or windows to the property open but ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the apartment or during bad weather.
11.15 Guests will take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathroom must be switched on at all times to prevent damage to the apartment.
11.16 Guests will not change any lock to the property or have any duplicate keys made.
11.17 Guests will notify us as soon as is practicably possible of (a) any plumbing, electrical or general problem or (b) any damage to the property or its contents, and shall desist from attempting to remedy such problem on their own.
11.18 Guests will notify us of any damage to the property or its contents as soon as is practicably possible.
11.19 Guests will maintain properly insured, to their full replacement value, all of their personal property which is kept either at the property or on the guest’s person.
11.20 Guests will use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
11.21 Guests will not leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.
11.22 Guests will not play ball games inside or within the grounds of the apartment.
11.23 The number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.
11.24 Guests will use any cleaning products, liquids, tablets etc. strictly in accordance with their usage instructions and ensure that such products are kept out of reach of children. We accept no liability for misuse of products supplied.
11.25 Guests will not install any portable cooking appliances, camping stoves or similar items in the apartment or in the garden.
11.26 You indemnify us and will keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by us (except any incurred as a result of our fault) in connection with this Agreement or in connection with any use or misuse of the Apartment, except for personal injury or death caused by our act or omission.
12.1 This agreement may be ended by us with immediate effect if: –
12.1.1 the accommodation fee is not paid on the payment day, or if you are in breach of any of the terms or conditions set out in this document; or
12.1.2 the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
12.2 We may also terminate this agreement at any time and for any reason on giving the client reasonable written notice.
12.3 The client will, at the end of the accommodation period, return to us all keys to the property and give us vacant possession of the property.
13. Health and Safety
13.1 We want your stay to be as comfortable as possible. Failure to comply with this condition may be considered as a breach of contract and the guest being asked to leave.
13.2 Guests should keep the apartment free of hazardous objects and substances at all times and not leave it in a condition that would make it unsafe for our housekeepers, staff, visitors or Guests themselves to use.
We aim to provide a quality service. If, however, you wish to raise anything you are not satisfied with, please call +44 (0) 7788393822 or e-mail email@example.com
We will try to do our best to solve any problems that arise.
Any notice or demand to be given under this agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or email for that party’s address as mentioned in this agreement or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by email shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.
The parties agree that any disputes arising under or in any way connected with the subject matter of this agreement (whether of a contractual or tortuous nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.
In this agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“agreement” means this agreement;
“additional charges” include, but are not restricted to, the additional charges in clause 8 which you are liable to pay for facilities and additional items;
“agreed price” means the price at which you agree to hire the apartment, as identified in the booking or in any subsequent agreement;
“apartment” means the apartment identified in the booking or an apartment of similar type and standard in a similar location;
“arrival date” means the first day of the hire period, as identified in the booking or in any subsequent agreement;
“booking” means an offer from you to us to hire the apartment on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or website provisional booking process;
“furniture and appliances” means such furniture and appliances usually found within the apartment and any other items which we agree to provide;
“hire period” means the period commencing on the arrival date and expiring on delivery of the apartment back to us;
“inventory and condition report” means our report on the condition of the apartment and its contents;
“vat” means value added tax at the rate in force for the time being;
“website” means www.jardineapartments.co.uk
Jardine Apartments Ltd
+44 (0) 7788393822