APARTMENT HIRE AGREEMENT. THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN YOUR APARTMENT NORTH LONDON LIMITED, REGISTERED OFFICE AT 10 LONDON MEWS LONDON W2 1HY (“WE” or “US”) AND YOU FOR THE HIRE OF SERVICED APARTMENT ACCOMMODATION.
IT IS AGREED AS FOLLOWS:
1.1 We shall provide and you shall hire the Apartment for the Hire Period, at the Agreed Price and upon the terms of this Agreement.
1.2 We shall additionally provide:
1.3 We give you the right (in common with us and all others authorised by us) to use the Apartment for the Hire Period. 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.
1.4 You acknowledge that we have a right to enter the Apartment without your permission and/or consent at any time without giving you any prior notice or warning and that you have no right or entitlement to deny us entry. For the avoidance of doubt, you understand that this Agreement is not intended to create, and does not create, a tenancy of any description between You and Us.
1.5 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 s.3A(7)(a) of the Protection from Eviction Act 1977.
2.1 Bookings and payments purchase the right to be a guest within a ‘Your Apartment North London Ltd’ Apartment for and not exceeding the agreed number of nights specified in the booking confirmation email. IMPORTANT NOTE: No rights of tenancy are agreed or implied or intended within the booking confirmation. The booking confirmation is not intended to create a tenancy agreement in any form, nor does it create a tenancy.
2.2 At the outset you must provide us with sufficient information to conclude a booking.
2.3 Guests may be required to complete a booking form and to sign an agreement prior to receipt of apartment keys.
2.4 Identification may be required. For visitors from outside of the United Kingdom, this must be a passport. For UK residents, this should be one form of photographic identification and one document (which must be either a utility bill, council tax bill or bank document) for proof of address. IMPORTANT NOTICE: We are entitled retain any deposit, booking fee or Agreed Price already paid if You fail to provide an acceptable form of photographic identification as required above, where your default makes it impracticable, difficult, improbably or impossible for us to re-book the Apartment to another guest.
2.5 If a booking form is required, only guests who have signed the booking form with the management of Your Apartment North London Limited may reside in a Your Apartment North London Limited apartment. IMPORTANT NOTICE: We are entitled retain any deposit, booking fee or Agreed Price already paid if You fail to sign the booking form as required above, where your default makes it impracticable, difficult, improbably or impossible for us to re-book the Apartment to another guest.
2.6 Guests are not permitted to invite non-guests to sleep over in a Your Apartment North London Limited apartment. Additional guests must be registered and there will be an additional fee charged per guest per night.
2.7 It is forbidden to leave non-registered guests alone in the apartment. If non registered guests are present, non-registered guests will be asked to leave.
2.8 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.
2.9 There is no confirmed reservation until full payment is received with the required guest registration details. For bookings with less than 7 days to arrival, the full balance must be paid by CHAPS or in cash on check-in. Where you default on payment, we may terminate this Agreement immediately upon notice to you.
2.10 IMPORTANT: 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.
2.11 You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this Agreement.
2.12 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.
2.13 Your Apartment North London Limited reserves the right to refuse any booking without stating a reason or to cancel, modify or alter arrangements made by the guest. In the unlikely event that the accommodation ceases to be available for the period of the booking, we shall try to arrange alternative accommodation and if this is not acceptable to the guest, all monies paid shall be refunded to the guest in full, and the liability of Your Apartment North London Limited shall then cease.
Any Booking cancellations must be notified to us in writing.
3.1 Where you give notice of cancellation at least 60 days prior to the commencement of the Hire Period, a 50% cancellation charge shall apply.
3.2 Where you give less than 60 days notice of cancellation, we will charge a cancellation fee equivalent to the Agreed Price.
3.4 Where you fail to arrive and check-in to the Apartment as agreed, we charge the cancellation fee referred to in this clause
3.5 Payments made for discounted bookings are non-refundable unless an exception is agreed by Your Apartment North London Ltd in writing at the time of booking.
3.6 Where you are denied access to the Apartment because of a default of any of the sub-clauses in clause 2, we will charge a cancellation fee equivalent of the Agreed Price and/or any Additional Charges as may be due if you are already a guest.
4.1 You may check-in to the Apartment from 2:00 pm onwards on the first day of the Hire Period, unless agreed otherwise with us.
4.2 You must check-out of the Apartment by 11:00 am on the last day of the Hire Period. Failure to do so may result in further charges pursuant to clause 2.6 above.
4.3 Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
4.4 We will provide you with more specific instructions relating to check-in (including key collection) prior to the commencement of the Hire Period; and check-out instructions (including key return) upon your arrival at the Apartment.
5.1 You shall throughout the Hire Period:
5.1.1 use the Apartment as private residential accommodation only;
5.1.2 ensure that the number of persons 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;
5.1.3 keep the Apartment at all times in good repair, condition and in a clean and tidy state;
5.1.4 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;
5.1.5 notify us immediately upon causing or becoming aware of any damage to the Apartment or its contents;
5.1.6 not allow any pets or animals to enter the Apartment – unless otherwise agreed;
5.1.7 not smoke in the Apartment and common areas or balconies or roof terraces;
5.1.8 not cause (or invite anyone into the Apartment who causes) a nuisance or disruption to occupiers of nearby premises;
5.1.9 not behave in an abusive or threatening manner toward our staff;
5.1.10 not remove any Furniture and Appliances or other items from the Apartment without our prior consent;
5.1.11 return the Apartment to us at the end of the Hire 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
5.1.12 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.
5.1.13 not use the address of any Your Apartment North London Limited apartment to obtain goods or for use with a credit agreement of any kind.
5.1.14 not use the apartments for parties or other non-residential activity without prior agreement. Payment for loss/damages may be charged at the discretion of Your Apartment North London Limited.
5.2 Any damage to an apartment or its contents thereof, or any failure of provided equipment, or any loss of keys/electronic fobs/garage entry unit, should be reported to the proprietor(s) or the proprietors’ representative at the earliest opportunity.
5.3 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.
5.4 If you default in any of your obligations under this Agreement, we may terminate this Agreement immediately upon notice to you, without refund.
6.1 Please ensure that you inspect the Apartment immediately upon check-in and arrival. Unless we receive notification otherwise within two hours of check-in and arrival, we will be entitled to assume that you have fully accepted that the condition of the Apartment is as per the Inventory and Condition Report (or, if there is no Inventory and Condition Report, 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 check-in and arrival and shall remain with you until the Hire 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 Hire 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 check-in to the Apartment. 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 administration fees).
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 must pay Additional Charges by BACS or CHAPS bank transfer.
8.1 Should you wish to extend the Hire 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 agree to make all additional payments agreed by CHAPS or BACS bank transfer to Your Apartment North London Limited.
8.3 Where the apartment specified in the Booking becomes unavailable prior to the commencement of the Hire Period, we may relocate you 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.
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 Possessions: The proprietor(s) are not liable for the theft of or damage to any property left in an Your Apartment North London Ltd apartment or in the car park. Guests must ensure that apartment doors and windows are securely locked when they are out and are recommended to use lock and chain the entrance door when in residence. Guests are responsible for the security of any vehicles they park in the car park.
9.4 You are recommended to ensure that they are covered by a valid travel insurance policy.
9.5 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.
9.6 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 by telephoning 020 8144 9514 or emailing firstname.lastname@example.org. We will try to 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 We operate a policy of continuous improvement and reserve the right to change/move furniture in all apartments. As such, whilst we make every effort to ensure accuracy and currency of all photographs, changes to furnishings may not be reflected in photographs displayed on this website.
12.2 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.
12.3 Waiver. 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.
12.4 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.
12.5 Assignability. 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.
12.6 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.
12.7 Notices. Any notice or demand to be given under this Agreement by either party to the other shall be in writing (or by email) and shall be deemed to have been properly served if left at or sent by first class pre-paid post 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 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.
12.8 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.
12.9 You agree and accept that You will be liable for any and all costs, including legal costs on the indemnity basis, which we have incur on the as a result of your breach this agreement.
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.