Guest Name: {guest_first_name} {guest_surname} Guests: {number_of_guests}
TERMS AND CONDITIONS OF HIRE These booking terms and conditions of business are a contract between us LUX LIVIN (Depending on who you booked with), the property manager/agent and you the person making the booking including all adult members of your party who will be staying in any of our properties.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. LUX LIVIN shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. LUX LIVIN shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such decks, balconies and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guests shall always use the Property for hotel/residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition. Guests and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement. This includes no third-party bookings. Such as booking on behalf of a friend. This property does not accommodate hen, stag or any sort of parties.
OCCUPANCY
Guest agrees that no more than the agreed persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. For example, if you have booked for 2 guests, there cannot be 6 guests at the accommodation/property/apartment.
DEPOSIT
£150-300 deposit is required IF YOU HAVE BEEN SENT THE LINK TO PAY, this is to cover breakages and damages along with credit card details if this issue may arise. This will be refunded 1-2 days straight after the guest’s departure or quicker once the property has been inspected. Once the deposit has been cancelled from our side this takes 5-10 days to be sent back to your card, the method we use is pre-authorisation, which means we don’t physically take a payment, we put a charge/hold on the card. Charges are only applied provided the following provisions are met: No damage is done to the property or its contents including towels, furniture, the property itself etc. No charges are incurred due to illegal activity, pets or additional services rendered during the stay. All debris, rubbish and discards are placed in a rubbish bin inside the apartment, and soiled dishes are cleaned. All keys are left in the keybox/keysafe (or same place as the guest collected them from, if externally) and the accommodation is left locked and secure, all windows closed. All charges accrued during the stay are paid prior to departure. No linens are lost, taken or damaged (e.g. burnt or make-up stains) No early arrival or late departure. (Charged at £20 per hour/late checkout) No smoking within the apartment. The Guest is not evicted by the owner (or representative of the owner) or the local law enforcement. Lost keys Please note additional charges may apply to guests in breach of the house rules as follows: Unauthorised guests, GBP 20, Smoking, GBP 100, Parties, GBP 100-300, Noise, GBP 50, Cleaning, GBP 50, Linen replacement, GBP 20, Unauthorised late check-out, GBP 20 per hour, security call-out/eviction £180-300, lost keys £100-250.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary OR any of the rules are broken above or if security is called in order to remove the guest from the property.
1) SCOPE
1.1 Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between LUX LIVIN and either the client or the guest. Neither the client nor the guest will be entitled to any tenancy, or any short assured or assured tenancy, or to any statutory protection under the Housing Act 1988, or to any other statutory security of tenure now or upon the determination of this agreement.
1.2 VAT is charged as appropriate if applicable. 2)
AGREEMENT FOR OCCUPATION
2.1 The managing agent/property manager permits the client/guest to occupy the property, such occupation being by the guest personally only and to use the owners’ furniture and effects for the accommodation period. All visitors to the property are the responsibility of the guest.
2.2 You must be 18 years or over when you book your accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
2.3 We reserve the right to refuse to accept any booking for whatever reason.
2.4 You may arrive at your accommodation after 3 pm (except if it is stated differently) on the start day of your booking and, unless otherwise agreed, you must leave by 10 am on the last day or the agreed time. If you want to extend your check-out time please notify us within 24 hours. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival, we may treat the booking as being cancelled by you.
2.5 If you want to increase your length of stay then we will do everything possible subject to the availability of accommodation to find something suitable for you. Please note this may not always be possible.
2.6 If the number of people permitted to occupy a property is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional accommodation or require the excess occupants to vacate the property. We reserve the night to visit the property to ensure the number of guests on the booking is correct.
3) PAYING FOR YOUR ACCOMMODATION
3.1 The client/guest will pay to the managing agent via the booking platformed such as Airbnb, Booking.com or paid directly to bank.
3.1.1 Should payment not reach us within the required time we reserve the right to cancel any bookings made and any deposit paid will be forfeit.
3.1.2 If the client/guest fails to pay the managing agent any sums that are payable under this agreement when due, the client will pay the managing agent, on-demand, interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment is due until the managing agent receives payment in full cleared funds both before and after any judgement.
3.1.4 Below are the conditions you need to adhere to: 3.1.5 We expect the property to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
3.1.6 From the 1st July 2007 the UK legislation provides that smoking is not permitted in serviced properties. Smokers must vacate the building should they wish to smoke.
3.1.7 Where there is evidence of guests smoking within the property, we reserve the right to charge £100 for specialist cleaning.
3.1.8 Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
3.1.9 No daily housekeeping service is provided – While linens and bath towels are included in the unit. We do not permit towels or linens to be taken from the property. We reserve the right to charge guests who take towels away from the property.
3.1.10 Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
4) CANCELLATION OR CHANGES TO YOUR BOOKING BY US
4.1 In the unlikely event we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible, we will offer alternatives, but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation.
4.2 We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us 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 manmade disaster, fire, adverse weather conditions and all similar events outside our control.
4.3 If you wish to alter your booking, we will use our best efforts to accommodate your requirements, however, you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, we may charge, at our discretion, an amendment fee to cover the necessary administrative costs incurred.
4.4 No refunds will be made for non-arrivals.
5) DEATH, PERSONAL INJURY OR LOSS OF PROPERTY
5.1 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.
5.2 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 property. Guests found to be in breach of this rule may be asked to leave with immediate effect or be charged for any damage.
5.3 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.
5.4 Cars and their contents are parked at owners’ risk. Please ensure that cars are locked, and possessions are left out of sight.
5.5 Property left in the property will be disposed of by the cleaning company if not collected on the same day or within a 24 hour period.
6) KEYS
6.1 Unless otherwise agreed, the owners/property manager will issue to the client or 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 or guest the cost of replacing the keys. The cost may vary depending on the property as some apartment keys come with fobs and permits.
6.2 If the guest locks him or herself out of the property and requires the owner’s assistance to re-enter the property, we reserve the right to charge a call-out fee which can vary depending on the time, this can vary on the time and costs. Sometimes if it is too late we may not be able to attend at all, such as at 5 am in the morning etc.
6.3 The managing agent will retain keys to the property and will access the property to provide the services set out in the 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 have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
7) SERVICES
7.1 We cannot be held responsible for any failure or interruption to services to the property, 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. Such as building lift being out of action for a short period etc.
8) WIRELESS BROADBAND INTERNET AND HARDWIRE
8.1 Wireless Internet is available at our properties, however, the owners and managing agent 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 internet is not a contractual provision. The managing agent does 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.
9) MAINTENANCE CALL-OUTS
9.1 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 fee/charge.
10) CLIENT/GUEST’S OBLIGATIONS
10.1 The client/guests will guarantee the following:
10.1.1 Not to have any party in the property.
10.1.2 Not to play loud music at the property.
10.1.3 To keep the property clean and tidy all the time.
10.1.4 Not keep any animals, insects, birds or reptiles in the property.
10.1.5 When guests with small children occupy the property, the guest undertakes to provide all suitable childproofing safety equipment.
10.1.6 Not to do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.
10.1.7 Not to 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 9pm and before 7am can be reported to the local Council.
10.1.8 Ensure that at the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition and make good, pay for the repair or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.
10.1.9 Use the Property for residential purposes only and not for any business use.
10.1.10 Not make any alterations to the property.
10.1.11 Indemnify and keep the owners fully and effectively indemnified against all losses, claims, demands, actions, proceedings, damages, costs of expenses or other liability or right arising in any way from this agreement.
10.1.12 Not assign, underlet, sub-license, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
10.1.13 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.
10.1.14 Not hang on the outside of the property any flowerpot or similar object or any clothes or other articles.
10.1.15 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.
10.1.16 Not leave the entrance door or windows to the property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the property or during bad weather.
10.1.17 To take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on at all times to prevent damage to the property.
10.1.18 Not change any lock to the property or have any duplicate keys made.
10.1.19 To report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to desist from attempting to remedy such problem on their own.
10.1.20 To maintain properly insured to their full replacement value all of the client’s and/or guest’s personal property which is kept either at the property or on the guest’s person.
10.1.21 To use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
10.1.22 Not to leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.
10.1.20 Not to play ball games inside the property.
10.1.21 To ensure that 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.
10.1.22 To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The managing agent accepts no liability for misuse of products supplied.
10.1.23 Not to install any portable cooking appliances, camping stoves or similar items in the property.
11.) TERMINATION OF THIS AGREEMENT
11.1 This agreement may be ended by the managing agent without notice:
11.1.1 If the accommodation fee is not paid on the payment day or if the client is in breach of any of the conditions
11.1.2 If the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
11.2 The managing agent may also terminate this agreement at any time on giving the client written notice.
11.3 The client will at the end of the accommodation period return to the managing agent all keys to the property and give the managing agent vacant possession of the property.
12) IF YOU CANCEL YOUR BOOKING
12.1 If cancelled or modified later or in case of no-show, the total price of the reservation will not be refunded.
13) HEALTH AND SAFETY
13.1 We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest being asked to leave.
13.2 Guests should keep the property free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.
13.3 By making a booking and staying in one of our properties you agree to abide by these terms and conditions.
14) DATA PROTECTION POLICY
14.1 The managing agent is required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. The managing agent fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data. We are registered with the ICO. We do not share this data with anyone, this is only for our security procedures & policy, all guests follow the same procedure.
15) COMPLAINTS
15.1 All complaints should be notified as soon as possible to the managing agent and we will do our best to resolve them in a timely manner. Contact us via 0121 630 3073 or message us via the booking platform you booked on.
15.2 If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our address and we will use all reasonable efforts to resolve the matter as quickly as possible.
15.3 You can also complain to the booking agent you used for your reservation.
16) LAW 16.1 These conditions and terms of the contract and all matters arising therefrom are subject to the UK law and in the event of dispute; you will be subject to the exclusive jurisdiction of the courts of England.
17) YOUR RIGHTS
17.1 Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.
18) INTERPRETATION
18.1 In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires: Managing agent, Us or We refers to LUX LIVIN (Depending on which apartment you booked) offering serviced apartments/houses to guests/travellers. Client is the person who arranges the accommodation – they could also be the guest. Guest is the person who resides at the property including all adult members of your party – they could also be the client. Agreement means this agreement; “Apartment or property” – is an accommodation managed by LUX LIVIN Booking means an offer from you to us to hire one of our properties on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process. Fee is the rental for the property and inclusive services which is payable in advance. Furniture and Appliances means such furniture and appliances usually found within the property and any other items, which we agree to provide; NOTE: This property is not suitable for parties! This is a breach of house rules & will result in immediate removal from the property via security and no refund, your deposit may be used towards extra costs in removing you. This apartment is in a residential area, so after 10 pm the quiet times to be respected. Any loud music, parties, smoking will also result in immediate removal from the accommodation/apartment. EXTRAS: If you require an extra night or wish to extend your booking, please contact us as soon as possible so that we can make sure the dates are available and book you in. Need a late check-out? Send us a message & we can arrange it for you for a small charge. We like our guests to enjoy themselves when staying with us but without disturbing other residents. CCTV in block | CCTV facing entrance door for security reasons and protection of the apartment. PARTY/NOISE NOTICE: Since lockdown we’ve noticed a huge increase in parties and loud noise in our apartments, so we’ve now issued a very strict policy procedure listed below. YOU WILL ONLY GET 1 WARNING AND THEN THE SECOND TIME WE WILL HAVE TO EVICT YOU FROM THE APARTMENT FOR ANY LOUD NOISE OR PARTIES. YOU WILL NOT GET A REFUND OR YOUR DEPOSIT RETURNED IF THIS HAPPENS, AS YOU HAVE BEEN WARNED. Between the hours of 9 pm to 7 am you must be quiet, we must respect the neighbours & the apartment block rules, we have families and working residents living in the apartment. For example: Playing music from the TV with the volume at 100% certainly is not acceptable at 11:00 pm in the night or 5 people shouting and singing loud at 1:00 am in the morning etc. We hope that you understand and respect the rules. I confirm that I have read and understood the above terms and conditions for booking the property/accommodation.
