London Hideaways rentals - online booking terms
1.Charming Hideaways Limited - Terms of Business relating to our Services in London.
Charming Hideaways Limited ('we' or 'us' in these terms and conditions) will supply our services to you once you have accepted our written Rental proposal (‘the or our Rent Proposal’) to you relating to a specific rental property (‘the Rental Property’) and confirmed that you agree to these Terms by clicking on the “I accept” button relating to them on our website.
2. Our Fee
2.1 Our Fee is for providing our services to you and also reflects our website costs, listing property details and visiting the rental properties, liaising with the owners of rental properties concerning property descriptions and photographs and dealing with enquiries from visitors to our website.
2.2 The Fee is inclusive of VAT. Payment must be made in the amount and using a payment method specified in our Proposal.
2.3 The Fee is only refundable to you if:
a) we are unable to provide our services to you; or
b) the owner of the Rental Property (‘ the Landlord’) does not enter into a Rental Agreement with you and you do not enter into a Rental Agreement for the substitute rental property we propose (see clause 8).
3. Your obligations and when payment is to be made
3.1 You will need to make payment of the Fee at the time you accept our Rent Proposal and these Terms. Please note that we will neither be able nor liable to provide our services to you until we have received payment (i.e. the funds have reached our bank account).
3.2 You confirm that you are 18 years of age or over and have the legal capacity to enter into this agreement with us.
3.3 Where you, or any of the people you are booking on behalf of are in breach of these Terms or infringe any laws or rights of a third party relating to the Rental Property, we reserve the right to cancel your booking without refund or compensation in any way and recover from you any costs reasonably incurred arising from your breach or infringement.
4. Your separate agreement with the Landlord and payment to the Landlord
You agree that we will have entirely satisfied our obligations to you once we have found a suitable property for you and the Landlord has agreed to rent the Rental Property to you. The next step will be for you to contact the Landlord (or their agreed contact person) and directly deal with him.
You must pay the rent and security deposit in accordance with your agreement with the Landlord.
The Landlord of the Rental Property that you book is likely to require you to enter into a written or a verbal agreement detailing the dates of your stay, the rent payable, the amount of any security deposit and the conditions relating to that (a “Rental Agreement”) before he permits you to occupy the Rental Property.
The Rental Agreement will normally also specify the respective rights and duties that you and the Landlord have to each other and the conditions of use of the Rental Property.
The Landlord may call the Rental Agreement a ‘tenancy agreement’, a ‘lease’, a ‘license’ a ‘letting agreement’ or similar.
5. The accommodation
We aim to list Rental Properties which we, in good faith, consider will meet our clients’ expectations of attractiveness, location, convenience and amenities. Each Rental Property is viewed by us or our representative. However, photographs descriptions and information about the Rental Property reflect conditions at the time photographs were taken or the descriptions or information were obtained.
A Rental Property may have changed since we last saw it. Therefore, we do not guarantee the accuracy of photographs, descriptions and information and they are submitted subject to errors, omissions, changes of price, conditions, or withdrawal without notice. We disclaim liability for any inaccuracy relating to the photographs descriptions or information we have provided to you about the Rental Property.
6. The extent of our liability
6.1 We aim to carry out our services with care and skill. If any part of the services is performed negligently or in breach of the provisions of these Terms then, on your request, we will re-perform the relevant part of the services.
We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address stated at clause 7.1 below.
6.2 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OUR LIABILITY UNDER OR IN CONNECTION WITH THIS CONTRACT WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE SHALL NOT EXCEED THE FEE YOU HAVE PAID US.
6.3 EXCEPT TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING LOSS OF PROFITS, BUSINESS OR GOODWILL) HOWSOEVER ARISING OUT OF ANY REPRESENTATION NEGLIGENCE OR BREACH OF THE CONTRACT ON OUR PART AND WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE FEE YOU HAVE PAID TO US
6.4 The information provided is based on circumstances normally in existence in a Rental Property at the time of our inspection (or that of our representative) and every attempt has been made to ensure high standards. You will appreciate that we have no control over the continued upkeep quality and condition of the Rental Property (which is controlled by the Landlord) nor do we have any control over the entering into or the terms of the Rental Agreement (which the Landlord may ask you to sign and with respect to which you are free to seek independent legal advice). We are not liable for loss or damage suffered by you relating to your occupation or use of the Rental Property or for any failure by the Landlord to perform or properly perform his obligations towards you.
6.5 You acknowledge that we have not in any way selected or assembled your travel arrangements for you and we have not provided you with a package holiday.
6.6 We advise you to take out adequate travel and personal accident insurance.
6.7 We shall not be liable to you nor shall we be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement which results from any circumstance beyond our reasonable control including but not limited to war, strikes, acts of terrorism and natural disasters.
6.8 We shall not be liable to you or a member of your group for any temporary defect, or a stoppage in the supply of public services to the Rental Property, nor in respect of any equipment, plant, machinery or appliance in the Rental Property.
7. Contact details
7.1 Our registered address is Charming Hideaways Limited, C/O Westbury 2nd Floor 145-157 St John Street London EC1V4PY. firstname.lastname@example.org
7.2 Complaints or comments. If you have any complaints about our services or any aspect of the way we have dealt with you please contact Katia Provencher, Director, either by writing to the address given in Paragraph 7.1, by email to email@example.com.
8. Substitute Rental Property
In the unlikely event that we are unable to supply the Rental Property that you have booked through us we may suggest a substitute. If you do not wish to accept the substitute rental property we will refund the Fee to you.
9. Entire agreement
These Terms, together with our Rental proposal, set out the whole of our agreement relating to the booking of the Rental Property. Nothing said by any agent, employee, director or other representative on our behalf should be understood as a variation of these Terms or as an authorized representation about the nature or quality of our services or the Rental Properties. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
11. Law and jurisdiction
The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
12. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this contract is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
1.Charming Hideaways Limited - Terms of Business relating to our Services in London.