This document (together with the documents referred to in it) sets out the terms and conditions which apply to your booking and stay.
Please read these terms and conditions carefully and make sure that you understand them before making a booking. You should print a copy of these terms and conditions for future reference. Upon booking with us, you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
Oundle Bespoke Apartments Limited (“OBA”) acts as Booking & Management Agent for Bespoke Apartments UK Limited (“BA uk”) and the estate property owners. OBA is responsible for the overall management, care, and maintenance of the guests in the accommodation and including insurance of the apartments on behalf of the estate property owners in both Oundle (www.oundlebespokeapartments.co.uk). For the purposes of this Agreement, any reference to “we”, “our”, or “us” includes a reference to BA uk trading as Oundle Bespoke Apartments (“OBA”) as the context so requires.
This Agreement is designed to be between us, you, as the person making the booking and all the other members of your party in respect of the boutique accommodation which you are booking (“the Accommodation”). In entering this Agreement you warrant and represent that you have been duly authorised by all of the members of your party to enter into the booking in accordance with this Agreement and all members of your party understand the terms as set out in this Agreement.
The person making this booking must be 18 years old or over. For the purposes of this Agreement any reference to "you" and “your” is taken to include both the person making the booking and all of your party.
This Agreement takes effect on the sooner of:
You are required to check the confirmation Invoice Booking form carefully and notify us immediately (and in any event within 7 days of the date of the confirmation) if there are any errors contained within it. (Please note that any special requirement request that you have made and are specifically confirmed by OBA on the invoice e.g. you require a superking or superking split into two single beds for your booking - and you change your mind on arrival requiring immediate or later change, there will be an additional cleaners charge of £60 for the change.)
This Agreement is subject to English Law and the jurisdiction of the English Courts.
This Agreement incorporates a Licence to Occupy the Accommodation during the agreed period. You are not a Tenant of the Accommodation and you have not been granted exclusive possession of it. You are renting the Accommodation under a Licence of occupation. The Licence to Occupy is personal to you. You must not use the Accommodation for any purpose other than as detailed in clause 5 below. The Licence to Occupy is valid for the term stated in the confirmation Invoice Booking form and for no longer period. This Agreement is not intended to create the relationship of Landlord and Tenant between the parties. You are not entitled to a Tenancy, or to an Assured Shorthold or Assured Tenancy, or to any statutory protection under the Housing Act 1980 or to any other statutory security of tenure now or when this Agreement ends.
A non-refundable deposit of 30% of the booking fee is required upon making the booking.
The remaining balance is due no later than 8 weeks before your arrival date:
In the event that you book within 8 weeks of your arrival date, full cleared payment is required at the time of booking. We reserve the right to cancel a booking or refuse further purchases where full cleared payment has not been received in accordance with this clause. Unless by prior arrangement with the Booking Agent your payment (of either the deposit or full payment) must be made within 48 hours of confirmation of the booking invoice as dated by issue of the email. After 48 hours without payment your booking will be deemed to have been cancelled and the property will be available for another party’s booking. If an Agency contracts on your behalf as the provisional occupant and makes payment on behalf of you and or your party you agree to abide by these terms and conditions by signing the attached form and supplying a copy to your Agent / Agency. If you use a company credit card which is in the company name it is deemed that you have full authorisation to use the card on behalf of the company / its directors and the company and you are deemed to be jointly the person/s making the booking and abide by these terms and conditions.
We reserve the right to charge interest at a rate of 4% above base rate set by Santander Bank from time to time.
You may cancel your booking at any time within the first 7 working days of making it (the “cooling off period”), unless you book within 7 working days of your arrival date.
Once the cooling off period has expired, you may still cancel your booking however if we are unable to re-let your Accommodation you will be liable for any outstanding booking on your booking form. The non-refundable deposit of 30% will not be refunded if you cancel within 7 working days before your arrival or if you cancel within 7 days of your arrival.
If you need to cancel you must inform us immediately by:
and we will endeavour to re-let all or part of the booked Accommodation for the period of your cancellation to enable a refund to you. Such refund will be for the price of the re-let booking which may be a lower price and for fewer days than your cancelled booking.
You are strongly advised to take out appropriate cancellation and travel insurance for your Accommodation.
In the event a refund is payable, you will receive this within 21 days of notification by us that a refund is due from re-letting the booked Accommodation subject to our having your UK bank details. If your account is held overseas you are liable for the exchange rate from sterling into your country currency. If we receive your cancellation within 7 working days of making your booking and are thus within the cooling off period (168 hours) you will be refunded your 30% deposit before our having re-let the accommodation that you booked.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in this Agreement shall limit or exclude our liability for:
Subject to above:
We shall under no circumstances whatever be liable to you or any of your party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and
Our total liability to you (in aggregate to all of your party) in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount due to use the Accommodation.
The terms implied by the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.
Under no circumstances may more than the maximum number of persons, as stated in the brochure, website, or as notified, occupy the Accommodation.
The Accommodation shall be used solely for personal non-commercial purposes.
Names and addresses of all people staying at the Accommodation are required to be given to us at the time of booking. Admittance may be refused if this condition is not met.
We reserve the right to curtail, refuse or revoke your booking when in our opinion and at our absolute discretion in our opinion you prove unsuitable as a result of your behaviour. In such cases, all hire charges will be refundable solely at our discretion but subject to specifically any charges that your behaviour has caused us, third parties or other and such charges to be reasonable and explained in writing to you. Where damage is caused, you will be responsible for the full cost of all cleaning/repairs or replacements in accordance with clause 7.
We reserve the right to cancel or alter your booking with a valid reason. Should the valid reason be resulting from the action or omissions or breach of this contract by you we will confirm this in writing to you. Should the valid reason be resulting from the previous customer extending their booking or the condition of the property after a previous booking or due to some event beyond our control, in this rare event we will make every effort to offer you and your party alternative accommodation as soon as we become aware of such rare event. If you do not wish to accept the alternative accommodation offered on that day, you must inform us immediately in writing on that day that you are cancelling your booking because you do not accept the alternative accommodation. Upon receipt of your written notification we guarantee to return to you any payment made including the deposit.
We may choose, but are not obligated, to consider a request from you to change the dates of the booking after confirmation has been issued, subject to the change being requested more than 8 weeks prior to the arrival date and subject to that accommodation or an alternative being available. When you request an extension to your booking while you are in occupation we will attempt subject to availability of that property to keep you in the same accommodation. However, if the property has another booking we reserve the right to move you into alternative accommodation subject to your agreement and your agreement that this may incur higher rental charges.
You are responsible for taking care of the Accommodation during your stay. All equipment and contents must be left clean and tidy on departure, reasonably excepting linen to be laundered by our cleaning crew. We cannot be responsible for any possessions left behind in the property as we have no facilities to store your property and for health and safety reasons any food or beverages will be disposed.
Any damages or breakages in the Accommodation are your responsibility. If your booking has been confirmed and paid by an Agent/Agency you are required to sign the terms and conditions acceptance form attached to your booking. The cost of any damages or breakages is payable upon demand and, subject to any incurred losses, not limited to loss of rental income, interest, and other reasonable consequential charges as may be incurred by us and as such we retain the right to request a damages retention sum at time of booking. Minor breakages are not usually charged for being reasonable wear and tear but the hirer must report any damage immediately. All customers are liable for damages that include linens and furnishings/furniture/fixtures including in particular hair dye and bleach/tooth whitener. Please also see under "Party Numbers" above. If your booking has been booked and paid for by a third party agency or individual, you as the occupants accommodating the accommodation are liable for all damages during your occupation.
We reserve the right to enter the Apartment at any reasonable time with or without any maintenance staff for the purpose of any repairs in the event that they may become necessary and to inspect the state of it and to carry out the cleaning services although we will obviously respect your right to privacy and confidentiality and accommodate any reasonable request as to timing or arrangements in effecting any repairs/cleaning. However, you are reminded that any delay in you responding to our reasonable request for the purpose of any repairs may incur further damage/s and we responsibly require that our right to enter the Apartment is respected to limit any damages while you are in occupation.
The property must be securely locked when you are out and care taken not to expose the property to any fire risk or other risk such as flooding or otherwise. You are responsible for ensuring that you behave in a responsible manner both in relation to the property and the general neighbourhood during the stay. We and/or the estate/property owners reserve the right to retake possession of the Apartment at any time for any reasonable reason.
We carefully inspect all properties on an ongoing basis and make every effort not only to describe them fairly but also anticipate possible changes. All information in our brochures and on website is given in good faith and is correct at the time of publication and we cannot be held responsible for changes beyond our control or which may become known after publication without adequate opportunity for updating the website. We cannot be responsible for changes beyond our control which have not been notified to us.
This Agreement is intended to create a Licence to Occupy the Accommodation and not a Tenancy Agreement. In the event of a breach of the terms of this Agreement then we may commence proceedings to obtain a Court Order to recover possession from you and re-enter the Accommodation but this shall not affect the rights and remedies available to us under this Agreement. Liability of court costs to OBA, Bespoke Apartments UK and the estate owners will be totally at your cost.
To ensure an Apartment is ready for occupation before and after your stay please do not arrive before 4pm on the first day of your booking and please leave by 10am on the day of departure unless otherwise agreed by us. All keys must be returned by 10.00 a.m. on the day of departure and vacant possession of the Accommodation given back to us. You will be charged for any missing keys.
Please notify us immediately if a problem arises and we will do our best to rectify it as soon as possible so that we can ensure that you enjoy the rest of your stay with the minimum of inconvenience. Should there be any cause for complaint during the occupation of the Accommodation it must be notified promptly to us by email or text or telephone while you are in the Accommodation. We will not be in a position to recompense you, if appropriate, if we are not made aware of any problem at that time or as soon as practicable after it arises so that we can resolve it and mitigate any further inconvenience to you and prevent further loss or damage. Over and above prompt notification, in case of any serious problems, for verification purposes, you must write to us within seven calendar days of the end of your stay, formally setting out and confirming the complaint in writing by email to firstname.lastname@example.org and post to the company’s registered address.
Our telephone number for any problems is 07771 770011 and our office is open from 08:30 to 17:30 GMT Monday to Friday. An emergency number will be provided at the Apartment for your attention. If a problem is not reported during your booking and there is found to be a problem that prevents us from releasing the property to the next occupant, circumstances outside of our control will mean that the next occupant will have to be offered alternative accommodation – as such this will evoke Clause 6.
We reserve the right to charge you any taxes which legislation should require from time to time as is relative to the dates of your booking/s.
Version: March 2018