These terms and conditions apply to the contract between ORACLE WELBECK PARTNERS LIMITED (T/A 37GS Residences) which has its registered office at 5 Stratford Place, London, United Kingdom, W1C 1AX (hereinafter referred to as the “Owner”) and you/the Client/the agency/the Guest (hereinafter referred to as the “Client”).
The owner shall provide, and the Client shall hire the Apartment(s) for the Hire Period, at the Agreed Price and upon the terms of this Agreement as agreed on a booking by booking basis along with any additional Special Terms and conditions as confirmed at the time in writing by the owner to the Client.
The owner shall additionally provide (i) routine maintenance services as are required to keep the Apartment in good and working condition; (ii) supply of clean linen/towels, as specified in the Booking; and (iii) furniture and appliances as applicable to the Apartment.
The owner shall give the Client and/or its nominated Guest the right to use the Apartment for the Hire Period for the intended Guest(s) as confirmed by the Client at the time of booking. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.
The Client acknowledges that bookings entered into as a result of this Agreement do not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of the Protection from Eviction Act 1977.
The rates/prices quoted include Broadband Wi-Fi; all applicable utilities; a refreshments welcome pack on arrival; Guest Services available 24/7.
The owner offers a range of support services upon request which may incur additional charges to the Guest/Client.
RATES / PRICES
Rates for Apartments as offered the owner to the Client are supplied herein and based on agreed levels of business (if any) as confirmed in the “Offered Rates” section of this agreement. All rates quoted are done so excluding VAT.
Promotional rates may be offered by the owner from time to time, which may incur Special Terms associated with them. Where Special Terms are offered alongside promotional rates, these will supersede applicable terms covered within this document.
The Apartment’s daily rental rate is determined by reference to the Agreed Price and the Booking Confirmation sent by the owner.
The Client must provide the owner with sufficient information to conclude a Booking.
The owner reserves the right to reject any Booking.
Any special requests should be notified prior to booking. The owner will use reasonable endeavours to accommodate any special requests and such requests may incur Additional Charges.
Bookings for groups or peak periods may be subject to additional terms and conditions and will be confirmed at the time of enquiry.
The owner reserves the right to instigate amended terms for any booking, which shall supersede those referenced herein. Any such Special Terms will be confirmed in writing by the owner to the Client.
Payment of the full Agreed Price is due no less than 30 days’ prior to the Arrival Date, unless otherwise agreed. Where no payment is received, the owner reserves the right to cancel the booking without further notice to the Client. Re-booking after such cancellation/non-payment may result in the booking being subject to new terms and conditions.
Where agreed, bookings of 60 days or more may be invoiced in portions of 30 days or part thereof as applicable to the booking duration. In such cases the first 30 days will be invoiced at the point of booking and payment of this first period shall be due in accordance with clause above.
Should the Client default on any payment agreed, the owner may terminate this Agreement immediately upon notice to the Client.
Unless otherwise agreed in writing, for every full or part day the Apartment has not been returned beyond the agreed date of return, the owner may charge a full day's hire at current hire rates for each part or full day the Apartment is not returned. Payment of any such charge shall be made upon demand and the Client authorises the owner to take such further charges from any credit or debit card used to make the Booking or the Client will pay by another means.
The Client shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by the Client under this Agreement.
The Client shall pay on demand interest charges (both before and after any judgment) on any sum payable by the Client to the owner 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 the owner.
CANCELLATION AND AMENDMENTS
Standard Cancellation Policy (unless otherwise agreed):
Any Booking cancellations must be notified by the Client to the owner by email.
Where the Client gives adequate notice prior to the commencement of the Hire Period, no cancellation charge shall apply.
Where the Client gives less than the notice required, the owner may charge a cancellation fee equivalent to the number of nights falling within the cancellation period.
Where the nominated Guest fails to arrive at the Apartment as agreed the owner can charge a cancellation fee.
Rebooking of an Apartment following cancellation is subject to availability and any waitlist. The rate previously offered is not guaranteed.
The cancellation policy associated with each quotation supersedes the standard cancellation policy stated in this document.
REDUCTION IN DURATION AFTER ARRIVAL
Any reduction of a Booking duration must be notified by the Client to the owner by email.
Where the Client gives adequate notice (as per cancellation and amendment terms) for an earlier departure than the one initially booked, no additional room nights will be charged. However, in such circumstances the ownerreserves the right to revise the room rate for the duration of the stay retrospectively and to reflect the shorter stay.
Where the Client gives less than the notice required, the owner may charge a cancellation fee equivalent to the number of nights falling within the cancellation period. In such circumstances, the owner still reserves the right to revise the room rate for the duration of the stay retrospectively and to reflect the shorter stay.
ARRIVAL AND DEPARTURE
Guests may check-in from 1500 onwards on the first day of the Hire Period, unless otherwise agreed with the owner.
Guests must check-out by 1100 on the last day of the Hire Period. Failure to do so may result in Additional Charges.
Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
The owner will provide the Client and/or Guest with specific instructions relating to: (i) check-in prior to the commencement of the Hire Period; and (ii) check-out instructions (including key return) upon the Guest’s arrival at the Apartment or during their stay - as appropriate to the booking.
The Client is requested to ensure that its Guest inspects the Apartment immediately upon arrival, either with or without a representative of the owner. Unless the owner receives notification otherwise within 24 hours of arrival, the owner will be entitled to assume that the Client and Guest have fully accepted that the condition of the Apartment is as expected and booked and suitable for the purpose of the intended booking and the Client and/or the Guest will waive any right to claim otherwise.
A registration form may be required to be completed by the Guest on arrival, as well a photographic ID check of all guests in the party.
THE CLIENT’S OBLIGATIONS
The Client shall throughout the Hire Period ensure that it and its Guests (as appropriate):
The Client and its Guests agree to give the owner or authorised representatives’ permission at all reasonable times to enter the Apartment to inspect its condition.
If the Client defaults in any of the Client obligations under this Agreement, The owner may terminate this Agreement immediately upon notice to the Client.
The Client agrees that in the case of death, disease or bodily injury to Guests or loss or damage to Guests' property where it is possible the owner may have any liability, it is a requirement of the owner’s insurers that it has control over any negotiations which take place affecting such liability of the owner.
The Client agrees that it has read and accepted the owner’s House Rules and these Terms & Conditions and that it has passed/will pass such information on to its clients for bookings with the owner. When the Client places a reservation enquiry or confirmed reservation with the owner it is deemed to have accepted the corresponding Terms & Conditions as applicable to the booking.
In relation to any personal information provided or made available to the Client by the owner, the Client shall:
The Client will assist in the communication and arrangements for the Arrival of the Guest as detailed in Clause above.
SECURITY DEPOSIT & DAMAGES
Risk of damage to the Apartment and Furniture and Appliances will pass to the Guest on arrival and shall remain with the Guest until the Hire Period has expired or the Apartment is returned to the owner in accordance with the terms of this Agreement. The Client and/or the Guest shall make good to the owner all loss or damage whatsoever of or to the Apartment occurring during or arising from the Hire Period and all reasonable loss of rental resulting from such loss or damage. However the Client and/or Guest shall not be liable for loss or damage deemed to have been caused by fair wear and tear.
A security deposit to cover the Client/Guest obligations may be taken at or prior to arrival. This may be in the form of a payment or an authorisation to deduct payment from a debit/credit card. Any security deposit paid will be returned in full (or payment authorisation cancelled) upon the Apartment being returned to the owner in accordance with the terms of this Agreement. Where the Client is liable for loss or damage the owner may withhold some or all of the deposit to cover loss and damage and administration fees associated with repairing the Apartment (refer to Additional Charges for details of such administration fees).
The above clause may be superseded at the owners’ discretion when an indemnity term has been signed and agreed to by both the owner and the Client.
The owner will make regular checks of the Apartment and if any damage beyond wear and tear is observed, the Guest and/or Client may be held liable for the costs of repair/replacement.
EXTENSIONS AND CHANGES
Should the Client wish to extend the Hire Period a request must be submitted to the owner and the owner may at its discretion and subject to availability, grant such request. Extension is not guaranteed and is subject to availability and payment by the Client.
In the case of an extension, the Client authorises the owner to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking the Client must pay by another acceptable means.
Payment of any agreed extension will be due on or before the commencement of the new extended period.
Extensions to existing bookings are done so at the rate already secured unless extended by the minimum required period to qualify for the next rate duration tier.
Where the apartment specified in the Booking becomes unavailable prior to the commencement of the Hire Period, The owner reserves the right to relocate the Guest to an apartment of similar type and standard in a similar location. Where such alternative apartment is priced lower than the apartment specified in the Booking, the Agreed Price shall be reduced accordingly. Where such alternative apartment is priced higher, the Agreed Price shall remain the same.
In rare circumstances where the owner has been served notice to vacate a building or apartment by its Landlord, the owner will provide the Client and Guest a minimum of 30 days’ notice and offer to move the Guest to an alternative location at the same rate or offer a refund for the vacated period.
INSURANCE AND LIABILITY
The owner shall have no liability whatsoever (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or damage to the Client or Guest’s property and any special, indirect or consequential losses or damages, and in any event, our total aggregate liability for all losses or damages suffered or incurred by the Client or Guest (whether arising through breach of contract, tort (including but not limited to negligence) or any breach of statutory duty) shall not exceed the aggregate Agreed Price paid by the Client.
The Client shall be solely responsible for and hold the owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs, and expenses suffered or incurred by the owner as a result of any breach or default on the part of the Client, the Client’s employees, or agents in the discharge of the Client’s obligations under this Agreement.
The Client will have selected the Apartment as being fit and suitable for the Guest’s needs. The owner makes no warranty or representation as to the suitability or fitness for purpose of the Apartment and excludes all liability in this regard. The Client further acknowledges that although content on a website or other marketing material produced by the owner, including any photographs, drawings or plans of the Apartment, is published in good faith, the ownerdoes not warrant that any of the content accurately or completely describes the exact Apartment(s) allocated to any particular booking. Actual Apartment size, design, fixtures, furnishings, and facilities will vary.
The owner does not exclude liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
It is the nature of the product provided by the owner that situations beyond its control may arise from time to time. The owner aims to provide a quality service and will do its best to solve any problems that arise.
If the Client wishes to raise anything that the Client or Guest is not satisfied with, they are requested to immediately inform the owner.
As a guide, the owner and/or its appointed representative will attend as a first response to any reported problem, and normally within 24 hours or the next business day, whichever is sooner. Where rectification is beyond the scope of the first response team, additional contractors will be booked to investigate and resolve the issue.
Further, as a guide, assistance outside of normal business hours will be prioritised to assist with the following: Emergency, fire, flood, electrical or gas failure, interruption to water supply, hot water issue, heating issue (when outside temperature is lower than 5 degrees Celsius). For calls outside of business hours regarding other requests, a response where possible will be given, or otherwise will be handled on the next business day.
Where a problem cannot be resolved within 36 hours and it is considered crucial to the use of the apartment (heating in winter, hot water, door/window security), the owner may propose alternative accommodation until it can be resolved.
The owner will not be responsible for delays in resolving any disputes or complaints where it has not been given sufficient notice to respond.
The owner may terminate this Agreement immediately by giving written notice to the Client if:
Upon expiry or termination of this Agreement for any reason whatsoever the Client shall:
Any of the owner rights arising prior to the termination of this Agreement (however arising) shall remain in force notwithstanding such termination.
The owner reserves the right to recover the Apartment from the Client and/or its Guest if the Client defaults in surrendering the Apartment back to the owner. The Client shall indemnify the owner and keep the ownerindemnified against all costs, losses, and expenses (including legal expenses) incurred in retaking possession of the Apartment.
No party will be liable to the other for delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, or civil commotion.
Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed in writing by the parties. Each party also agrees that in entering into this Agreement, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of this Agreement (except those expressly set out in this Agreement) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under this Agreement and hereby waives and releases the other party in respect thereof absolutely.
This Agreement is personal to the parties. The owner may assign its right title benefit and interest in and to this Agreement without consent of the Client. The Client may not assign its right title benefit and interest in and to this Agreement to another party without agreement from the owner.
Rights of Third Parties
A person who is not party to this Agreement (a “third party”) has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
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 prepaid post to or facsimile to the current number 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 facsimile 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 tortious nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.
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