TOWN CENTRE SECURITIES PLC
ONLINE BOOKING TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1 In these terms and conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:
"Ancillary Services" means any additional services supplied by TCS on request by the Customer during the Customer's stay at the Serviced Apartments including (without limitation) dry cleaning, telephone calls and taxi service;
"Conditions" means these online booking terms and conditions;
"Contract" means the contract formed once a Reservation has been confirmed by TCS to the Customer by email and which is made on the terms of these Conditions;
"Customer" means a person to whom TCS is to supply the Services pursuant to these Conditions;
"Premises" means the Serviced Apartments at 38 Bath Street, Glasgow, G2 1HG together with any communal areas including (without limitation) the central lobby reception area and any lifts and stairways;
"Price" means the price payable by the Customer to TCS for the Services plus VAT;
"Rate" means the price per night at which the Serviced Apartment will be let (excluding VAT) as stated on the Website, as may be varied from time to time;
"Reservation" means a reservation made by the Customer to reserve a Serviced Apartment at the Premises for a specified date;
"Reservation Date" means the date reserved by the Customer to stay at the Serviced Apartment;
"Serviced Apartments" means one of the 20 serviced apartments at the Premises;
"Services" means the provision of the Serviced Apartments;
"TCS" means Town Centre Securities Leasehold Investments Limited, a company registered in England and Wales under company number 03684827 whose registered office is at Town Centre House, Merrion Centre, Leeds LS2 8LY incorporated under the laws of England and Wales;
"VAT" means value added tax chargeable under English law for the time being and includes any substituted or similar tax; and
"Website" means www.38bathst.co.uk.
1.2 In these conditions (unless the context otherwise requires):
1.2.1 construction of these Conditions shall ignore headings (all of which are for reference only); and
1.2.2 any reference to any legislative provision shall be deemed to include any subsequent re-enactment or amending provision.
2. TERMS AND CONDITIONS
2.1 These Conditions apply to all reservations which the Customer places with TCS using the Website and apply in addition to the Conditions of Use.
2.2 Before placing a reservation, the Customer should carefully read these Conditions, together with the Conditions of Use and the Privacy Policy. We intend to rely upon the written terms set out in these Conditions. If you require any changes, please make sure that you ask for these to be put in writing.
2.3 You accept and agree to be bound by these Conditions when you click the "accept" button.
2.4 We reserve the right to change the contents of the Website, including these Conditions, at any time by posting such changes on the Website. The legal agreement between us will be governed by the Conditions in force at the time you place your order and click the "accept" button.
2.5 This Website is directed at customers from the United Kingdom and as such nothing in these Conditions affects their statutory rights either as a consumer or otherwise. If you choose to access the Website from a location outside the United Kingdom, you are responsible for compliance with local laws if and to the extent they apply.
If the Customer does not confirm acceptance of these Conditions, he/she will not be able to make a Reservation.
3. ACCEPTANCE
3.1 The Rates quoted on the Website do not constitute an offer and TCS reserves the right to withdraw or revise the Rates listed at any time before a Contract is formed.
3.2 TCS's acceptance of any Reservation shall be effective only when TCS deliver written confirmation of the Reservation via email to the Customer.
3.3 The Serviced Apartments are subject to availability and TCS reserves the right to refuse a Reservation for any reason.
4. PRICE AND PAYMENT
4.1 Rates are per apartment per night as applicable and are subject to Government Value Added Tax (VAT) levied at 17.5% for the first 28 days then 3.5% thereafter.
4.2 All Rates shown on TCS's website are per night and may be amended from time to time.
4.3 The customer shall pay a minimum of 25% deposit prior to arrival to secure the apartment and the balance on the day of arrival. The charges incurred for any Ancillary Services used to be paid on the day of departure.
4.4 VAT shall be charged on any Ancillary Services at the appropriate rate.
4.5 The Customer must provide to TCS a credit card or debit card number to secure the Reservation, unless a company account has been set up prior to the Reservation.
4.6 By submitting a credit or debit card number, the Customer: (a) represents and warrants that its use of the particular card is authorised and that all information that it submits is true and accurate; and (b) authorises TCS to charge to the card tendered all amounts payable by the Customer to TCS. TCS regrets that it cannot accept payment by cheques or cash for online bookings.
4.7 The Customer may be subject to validation checks and/or third party authorisations.
4.8 The Customer can make a provisional Reservation, without a credit card number. However, a provisional Reservation will only be held for 24 hours and after that time TCS cannot guarantee the Reservation.
4.9 Time for payment is of the essence of the Contract and TCS reserves the right to suspend the provision of Services to the Customer where any amounts are overdue under any Contract until all such amounts have been paid.
4.10 If the Customer fails to pay any amount due to TCS under these Conditions within 14 days of the date of departure, interest at 4% over the base rate for the time being of Barclays Bank plc shall be added to such amount for the period from the departure date until and including the date of receipt (whether before or after judgement).
4.11 TCS may offset any amount owing to it from the Customer against any amount owed to the Customer by TCS.
5. AMENDMENTS TO BOOKINGS
5.1 If the Customer wishes to amend their booking after the Reservation has been made, for example by changing the dates of the booking to extend or reduce their stay, TCS will use all reasonable endeavours to comply with the request. However in the case of any extension, TCS cannot guarantee the same Price will apply or the availability of the same apartment.
5.2 The Customer is required to give 24 hours notice of early departure of a Serviced Apartment to avoid a charge of one night's stay.
6. CANCELLATIONS
6.1 For stays of 1-6 nights a notice period of 24 hours prior to arrival is required to avoid a cancellation fee of one night’s accommodation being levied.
6.2 For stays of 7-29 nights a notice period of 72 hours prior to arrival is required to avoid a cancellation fee of two nights accommodation being levied.
6.3 For stays of 30 nights or more a notice period of 14 days prior to arrival is required to avoid a cancellation fee of three nights accommodation being levied.
6.4 In the event that the Customer does not arrive on the Reservation Date, TCS will treat this as a cancellation and charges shall apply at the rates described in clauses 6.2 to 6.4 above.
7. CHECK IN/CHECK OUT
7.1 The customer can check in from 2pm on the day of arrival.
7.2 The customer must check out by 11am on the date of departure.
7.3 The Customer may request in advance earlier check in or check out times which TCS will endeavour to comply with subject to availability.
8. FACILITIES AND SERVICES
8.1 The Serviced Apartment which is subject to the Reservation will be allocated by TCS on arrival.
8.2 On making the Reservation the Customer reserves the Serviced Apartment for their exclusive use for the period from 2 pm on the day of arrival until 11 am on the day of departure and the Price covers all the costs of heating and lighting of the Serviced Apartment for this period of occupation.
8.3 The allocated Serviced Apartment shall be in good condition, and shall include a complete inventory of equipment.
8.4 TCS will provide the Customer with a set of keys on arrival at the Serviced Apartment and the Customer is under an obligation to return these keys to TCS on departure.
8.5 All Serviced Apartments are strictly non smoking. In the event that the Customer smokes in the Serviced Apartment in breach of this condition they will be liable to TCS for a £100 deep cleaning charge.
9. OCCUPANTS
9.1 Only those people who have been notified to TCS in advance may occupy the Serviced Apartment.
9.2 The names and addresses of all occupiers must be provided to TCS before the keys are handed over to the Customer.
9.3 We reserve the right to refuse admission of any guests’ of residents of 38 bath Street.
9.4 Maximum occupancy for 1 bed apartment is 2 adults plus 1 child. Maximum occupancy for a 2 bed apartment is 4 Adults amd 1 child.
9.5 The Customer shall comply with all reasonable rules and procedures in effect at the Premises, including but not limited to health and safety and security procedures.
9.6 Children under the age of 14 must be supervised by an adult at all times.
9.7 No pets or animals, of any kind, are allowed in the Serviced Apartment at any time, with the exception of guide dogs.
10. RIGHT OF REFUSAL
10.1 TCS reserves the right to refuse a Customer entry and accommodation if on arrival, management reasonably considers that the Customer is under the influence of alcohol or drugs or is behaving in an unacceptable manner.
10.2 TCS reserves the right to require a Customer to leave the Premises if he/she is causing a disturbance or is behaving in an unacceptable manner.
10.3 TCS reserves the right to refuse admittance to the Premises if any of the conditions set out in Condition 9 above are not complied with.
11. ACCESS
TCS may at any time access the apartment for the purpose of inspection of the apartment, for reasons of security or hygiene or to carry out repair and/or maintenance work.
12. CUSTOMER'S LIABILITY
12.1 TCS will not be responsible for any loss or damage to the Customer's goods or personal belongings kept at the accommodation.
12.2 The Customer is responsible for taking all reasonable care of the Serviced Apartment and its contents.
12.3 The Customer must leave the Serviced Apartment and all its contents clean and tidy at the end of the stay and return it in the same state that it was in on arrival.
12.4 The Customer will be liable for any loss, damage or personal injury he/she may cause at the Premises.
12.5 If any items are missing or damaged, TCS will charge the Customer for the reasonable costs of replacing or repairing the missing or damaged items on departure.
13. TCS' LIABILITY
13.1 Unless you are a consumer within the meaning of the Unfair Terms in Consumer Contract Regulations 1999, except as set out in this condition 13, all conditions, warranties and representations, express or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
13.2 TCS is not liable for any defect in the Serviced Apartment caused by fair wear and tear, unsuitable conditions of use or by an act, neglect or default of the Customer.
13.3 TCS shall not be liable to a Customer for any loss or damage to property caused by any act, omission or negligence of the Customer or where the Customer is in exclusive charge of the property concerned.
13.4 TCS's liability for any other loss or damage to a Customer's property is limited to £50 for any one article or £100 in aggregate, except where stolen, lost or damaged through the negligence of TCS.
13.5 Subject to conditions 13.4 and 13.7, the entire liability of TCS arising out of or in connection with the supply, non supply or delay in supplying the Services, or otherwise in connection with this agreement, whether in contract, tort (including negligence or breach of statutory duty) or otherwise is limited in aggregate to the Price paid in respect of such Services.
13.6 Subject to conditions 13.4 and 13.7, but notwithstanding condition 13.5, the entire liability of TCS in contract, tort (including negligence or breach of statutory duty) or otherwise for loss or damage to the Customer's tangible property resulting from TCS's negligence is limited to an aggregate figure of £100 in respect of each event or series of connected events.
13.7 TCS shall not be liable for any special, indirect or consequential loss nor any loss of profit or loss of revenue.
13.8 For the avoidance of doubt, TCS does not exclude or restrict its liability for:
13.8.1 death or personal injury caused by TCS's negligence; or
13.8.2 fraud or deceit.
14. PRIVACY
14.1 TCS shall only use the personal information ("Personal Data") collected from the Customer lawfully in accordance with the Data Protection Act 1998.
14.2 The Customer shall refer to TCS's privacy policy ("Privacy Policy") which explains how the Personal Data collected about the Customer will be used and what procedures are in place to safeguard the Customer's privacy.
15. FORCE MAJEURE
15.1 In this condition 16, "Force Majeure Event" means any circumstance beyond the control of TCS including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, failure or interruption in externally provided services and utilities, lack of power and delays by suppliers or materials shortages.
15.2 If TCS is hindered or delayed from performing the Services under these Conditions by a Force Majeure Event TCS may, at its sole option, and without being liable for any loss or damage suffered by the Customer as a result:
15.2.1 suspend performance while the Force Majeure Event continues; and
15.2.2 terminate any Contract forthwith by giving notice to that effect to the Customer.
16. ASSIGNMENT
16.1 The Customer may not assign or deal in any way with all or part of the benefit of, or of its rights or benefits under, a Contract.
16.2 TCS is entitled at any time to assign or deal with the benefit of these Conditions, the contract, or sub-contract any work relating to any Contract, but this will not affect any guarantees to which the Customer may be entitled.
17. NOTICES
17.1 Any notice given by one party to the other under or in relation to a Contract must be in writing and may be delivered personally or by sending it by pre-paid first class post, special or other recorded delivery or by pre-paid airmail or email.
17.2 In the case of notices given to TCS, please send by email to: info@38bathst.co.uk and/or by post to: 38 Bath Street, Glasgow, G2 1HG.
17.3 Any such notice shall be deemed to have been received if delivered personally, at the time of delivery; in the case of pre-paid first class post, special or other recorded delivery, two days from the date of posting; in the case of pre-paid airmail, five days from the date of posting and in the case of email, at the time the email enters the email system of the intended recipient provided that no error message indicating failure has been received by the sender and provided that a hard copy is sent by post within 24 hours of transmission.
18. SEVERANCE
18.1 If any of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect.
18.2 If any of these Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
19. THIRD PARTIES
A person who is not party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Contract. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
20. WAIVER
20.1 The rights and remedies provided by any Contract may be waived only in writing and specifically, and any failure to exercise or any delay in exercising a right or remedy by TCS shall not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver of any breach of any of the terms of the Contract or of a default under a Contract shall not constitute a waiver of any other breach or default and shall not affect the other terms of such Contract.
20.2 The rights and remedies provided by these Conditions are cumulative and (unless otherwise provided in these Conditions) are not exclusive of any rights or remedies provided at law or in equity.
21. VARIATION
No variation or alteration of any of the provisions of a Contract or these Conditions shall be effective unless it is in writing and signed by or on behalf of the Customer and TCS.
22. GOVERNING LAW AND JURISDICTION
22.1 A Contract and any matter arising from or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
22.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with a Contract or the legal relationships established by it (including a dispute regarding its existence validity or termination).
22.3 TCS and the Customer agree that there is no intention to create any tenancy rights either by the Contract or these Conditions.
Last updated May 2009