Occupant’s Terms and Conditions
APARTMENT RENTAL AGREEMENT
VALET APARTMENTS LTD
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN VALET APARTMENTS LIMITED, WHO HAS ITS REGISTERED OFFICE AT LEVEL 2, 104 OXFORD STREET,
LONDON, W1D 1LP, UNITED KINGDOM (“WE” or “US”) AND YOU, FOR THE RENTAL OF APARTMENT ACCOMMODATION.
IT IS AGREED AS FOLLOWS:
- THE ACCOMMODATION
1.1 We shall provide and you shall rent the Apartment for the Rental Period, at the Agreed Price and upon the terms of this Agreement.
1.2 We shall additionally provide:
(a) Undertake routine maintenance services as are required to keep the Apartment in good and working condition;
(b) Unless opted out prior to arrival, arrange cleaning and fresh bed linen via suitable provider
(c) Provide furniture and Appliances.
1.3 We give you the right (in common with us and all others authorised by us) to use the Apartment for the Rental Period. This right shall expire at the end of the Rental Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Rental Period.
1.4 You acknowledge that this Agreement does 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.
- BOOKING AND PAYMENT
2.1 You certify that you are the lawful owner of the payment card used to pay for your stay or have the owner’s permission to use it. Failure to comply with this rule will lead to legal action including criminal prosecution.
2.2 At the outset you must provide us with sufficient information to conclude a Booking. We reserve the right to reject any Booking.
2.3 Any special requests relating to the rental 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.
2.4 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.
2.5 Where you pay via credit or debit card, a surcharge may be added to the Agreed Price which you will be responsible for paying. The amount of the surcharge will be specified in the Booking. We may also accept payments by bank transfer.
2.6 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 rent at current rental 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.
2.7 You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this Agreement.
2.8 You shall pay on demand default interest charges (both before and after any judgment) 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.
2.9 Payment for Extensions are due before the cancellation notice period.
3.1 Any Booking cancellations must be notified to us in writing.
3.2 Bookings made with Valet Apartments are non-refundable unless otherwise stated.
3.3 Where a booking has been made with an agent who is licensed to sell accommodation on behalf of Valet Apartments the cancellation policy will be stated on the booking confirmation.
3.7 Credit card surcharges are non-refundable.
- ARRIVAL AND DEPARTURE
4.1 You may arrive at the Apartment from 2:00pm to 7:00pm on the first day of the Rental Period. It is possible to collect your keys at the property from 10am, but please note that your apartment may not be ready for you at this time. Whilst we do not offer concierge services, it is possible to leave your bags at our office in central London (Unit UG06, 14 Greville Street, London, EC1N 8SB) during the course of normal office hours by prior agreement. If you wish to arrive earlier than 10:00am, you will need to book the night before (subject to availability);
4.2 All arrivals must be done with a member of our staff unless otherwise agreed. A valid passport or driver’s license must be presented, along with the payment card that was used to make the reservation. The name on the payment card must match the name on the photo identification or access to the Apartment may not be granted. You will be given one or more sets of keys for the rented Apartment. If you lose keys you will be charged £50 per lost set;
4.2 You must leave the Apartment by 10:00 am on the last day of the Rental Period. You may agree a later departure time of 1:00pm for a late departure fee of £75. Late departures must be arranged at least 24 hours in advance and are subject to availability. Please call us on +442072062363 to arrange a late departure. Failure to leave the apartment at the agreed time will result in a late departure charge of £75. Unless otherwise agreed with us, you may leave the keys on the table in the living room of the Apartment and close the door behind you. You do not need to wait for our team to collect the keys from you;
4.3 Earlier arrival or later departure is subject to availability and may incur Additional Charges.
- YOUR OBLIGATIONS
5.1. You shall throughout the Rental Period:
5.1.1 not allow unauthorised occupants into the Apartment, not host parties or allow any immoral or illegal activities to be carried out in the Apartment;
5.1.2 not smoke or allow any occupants to smoke in the Apartment or inside any part of the Building.
5.1.3 use the Apartment as private residential accommodation only;
5.1.4 ensure that the number of occupants using the Apartment does not exceed the maximum number of people allowed, notified to you upon Booking and based upon the number of bed-places in the Apartment;
5.1.5 keep the Apartment at all times in good repair, condition and in a clean and tidy state;
5.1.6 not repair or attempt to repair or carry out work to the Apartment or allow any third party to do so unless instructed so to do by us in writing;
5.1.7 notify us immediately upon causing or becoming aware of any damage to the Apartment or its contents;
5.1.8 not allow any pets or animals to enter the Apartment;
5.1.9 not smoke in the Apartment and common areas;
5.1.10 not cause (or invite anyone into the Apartment who causes) a nuisance or disruption to occupiers of nearby premises;
5.1.11 not behave in an abusive or threatening manner toward our staff;
5.1.12 not remove any Furniture and Appliances or other items from the Apartment without our prior consent;
5.1.13 return the Apartment to us at the end of the Rental Period or upon the earlier termination of this Agreement in accordance with the terms of this Agreement and in good repair, condition and in a clean and tidy state; and
5.1.14 indemnify us and 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 default) 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 negligence.
5.2 You agree to give us or our authorised representatives permission at all reasonable times to enter the Apartment to inspect the condition of the Apartment.
5.3 Any breach or default of your Obligations in this clause or in this Agreement will incur a minimum fine of £250 and we may terminate this Agreement immediately upon notice to you. In the event of damage caused by you to the Apartment or its contents you will be liable for paying for the repair of the damage on a full replacement cost basis.
- SECURITY DEPOSIT
6.1 Please ensure that you inspect the Apartment immediately upon arrival. Unless we receive notification otherwise within one day of arrival, 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.
6.2 Risk of damage to the Apartment and Furniture and Appliances will pass to you on arrival and shall remain with you until the Rental Period has expired or the Apartment is returned to us in accordance with the terms of this Agreement. You shall make good to us all loss or damage whatsoever of or to the Apartment occurring during or arising from the Rental Period and all reasonable loss of rental resulting from such loss or damage. However you shall not be liable for loss or damage caused by fair wear and tear only.
6.3 A security deposit to cover your obligations under this clause 6 may be taken at or prior to arrival and arrival to the Apartment. 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 6.2 above we may withhold some or all of your deposit to cover our loss and damage and our administration fees associated with repairing the Apartment (refer to Additional Charges for details of such fees).
- ADDITIONAL CHARGES
7.1 Additional Charges which may be payable include those items specified in the Booking.
7.2 In the case of Additional Charges becoming payable, you hereby authorise us 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 you must pay Additional Charges by another acceptable means.
- EXTENSIONS AND CHANGES
8.1 Should you wish to extend the Rental Period a request must be submitted to us and we may at our discretion and subject to availability, grant such request.
8.2 In the case of an extension under clause 8.1, you authorise us 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 you must pay by another acceptable means.
8.3 Where the apartment specified in the Booking becomes unavailable prior to the commencement of the Rental Period, we may relocate you to an apartment of a similar type and standard in a similar location.
- INSURANCE AND LIABILITY
9.1 We 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 your 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 you (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 you.
9.2 You shall be solely responsible for and hold us fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by us as a result of any breach or default on the part of you, your employees or agents in the discharge of your obligations under this Agreement.
9.3 You have selected the Apartment as being fit and suitable for your needs. We make no warranty or representation as to the suitability or fitness for purpose of the Apartment and exclude all liability in this regard. You further acknowledge that, although content on the Website, including any photographs, drawings or plans of the Apartment, is published in good faith, we do not warrant that any of the content accurately or completely describes the Apartment. Actual Apartment size, design, fixtures, furnishings and facilities may vary.
9.4 We do not exclude liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
We aim to provide a quality service. If, however, you wish to raise anything you are not satisfied with, please call Client Support on 02072062363 or e-mail firstname.lastname@example.org. We will do our best to solve any problems that arise.
11.1 We may terminate this Agreement immediately by giving written notice to you if:
11.1.1 you commit any material or persistent breach of this Agreement and, if the breach is capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided that, if such breach is a repeated breach then no time to remedy need be given; or
11.1.2 you shall do or allow to be done any act or omission which in our opinion may jeopardise our rights in the Apartment or any part thereof, or if you abandon the Apartment; or
11.1.3 any sum payable by you under this Agreement is not received by us on the due date for such payment and such non-payment is not remedied within 2 working days of you being given written notice by us to that effect.
11.2 Upon expiry or termination of this Agreement for any reason whatsoever you shall:
11.2.1 pay to us any Agreed Price in arrears and all other moneys due under this Agreement;
11.2.2 return the Apartment to us in good repair, condition and in a clean and tidy state; and
11.2.3 indemnify us against all reasonable costs incurred by us as a result of any failure to comply with such return conditions (as provided in Clause 5).
11.3 Any of our rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
11.4 We reserve the right to recover the Apartment from you if you default in surrendering the Apartment back to us. You shall indemnify us and keep us indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Apartment.
12.1 Force Majeure
No party will be liable to the other for and 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.
An omission by a party to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which that party may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Any waiver of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.
12.3 Entire Agreement
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 us and you.
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.
We may assign our right title benefit and interest in and to this Agreement without your consent. You may not assign your right title benefit and interest in and to this Agreement.
12.5 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 sent by first class pre-paid post or email.
12.7 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 rental 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 Rental Period, as identified in the Booking or in any subsequent agreement;
“Booking” means an offer from you to us to rent 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;
“Rental 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;
“Website” means www.valetapartments.com