THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN HELIODOOR APARTMENTS, WHO HAS ITS REGISTERED OFFICE AT KIMBERLEY NORTHWICK, MARK, HIGHBRIDGE, TA9 4PQ (“WE” or “US”) AND YOU FOR THE HIRE OF SERVICED APARTMENT ACCOMMODATION.

IT IS AGREED AS FOLLOWS:

Upon booking with us you are deemed to have read in full and accepted the following Terms and Conditions.

Government issued photographic ID must be provided prior to check-in, namely in the form of a valid passport or driving license.

1.   THE ACCOMMODATION

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:

(a) routine maintenance services as are required to keep the Apartment in good and working condition;

(b) Fresh bed linen and towels; and

(c) Furniture and Appliances

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 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.

1.5 For Bookings relating to apartments that we do not own or operate, we act as an introductory agent only for our principal. In this case you acknowledge that your agreement to hire accommodation is with our principal and we act as the principal’s agent You agree to indemnify us and keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered in connection with any contract or prospective contract between you and the principal which shall be made available to you on request.

Services

We cannot be held responsible for failure or interruption of services within or outside of the apartment or development building – this includes utilities, appliances and communications (Washing Machine, Tumble Dryer, Dishwasher, Television, Broadband, Wi-Fi, Electricity, Water, and Heating).

We cannot be held responsible for inconveniences such as noise, access or supply of services caused by engineering or repair works within or in another part of the property.

If there is an interruption to any services, once we receive notification, we will use all reasonable efforts to rectify the issue within a reasonable period of time. Facilities and services in common areas within the building (i.e. lift, door system) are the responsibility of the building managers and not us.

We reserve the right to add or remove any of its services without prior notice.

We endeavour to have each apartment cleaned and ready for new guests by the check in time, however on rare occasions and in the event of staff shortage there may be a delay in cleaning. In the event of this, guests will be given access to the apartment from the check in time and the apartment will be cleaned as soon as possible. No compensation will be given for this.

Broadband

Wireless fibre broadband (Wi-Fi) is available in all apartment locations and is provided free of charge. We cannot guarantee connectivity at any given time; however we endeavour to maintain the hardware and connection within all apartments. If there is a fault with the hardware provided (wireless router) we will give support and maintenance. If the fault is deemed to be with the guests hardware/devices, support will not be available. If the Broadband key/fob code is removed, taken or lost upon checkout you will be charged £50 for a replacement.

Extra Linen

Extra bed linen can be provided at a cost of £25.00 per set. Extra towels can be provided at a cost of £15.00 per set. Extra linen must be ordered within office hours (9am-5pm Monday-Friday) and can only be delivered within these hours.

Housekeeping Service

A weekly or fortnightly housekeeping service is provided for stays of 6 nights or more (optional) at £80 per clean (£150 for houses).

This service includes cleaning the apartment and refreshing the bed linen and towels as well as topping up supplies.

If you choose to opt out of this service, the apartment must be kept clean and in good condition for the duration of your stay. Failure to do so will result in additional cleaning charges in order to complete a thorough, deep cleaning once check-out is complete.

A mandatory service is insisted for stays of 30 days or more and a mutual schedule can be agreed in advance or during the stay.

Emergency Call Outs

The emergency number is provided to give guests a direct line to a maintenance manager out of office hours. This number is only to be used for emergencies (Flood, Fire, Power Cut, and Lost Keys). If the number is used for any non-emergency reason, we reserve the right to charge the guest a call out fee of £150.00.

Luggage & Mail Storage

We do not provide any storage facilities for luggage or personal belongings, including post or packages.

We cannot under any circumstances accept any of these items. We do not provide keys to the apartment post boxes, the post boxes are checked regularly and if requested, post will be delivered to the apartment, otherwise it is returned. There is no mail forwarding service once the guest has checked out.

2.   BOOKING AND PAYMENT

2.1At the outset you must provide us with sufficient information to conclude a Booking. We reserve the right to reject any Booking.

2.2Any 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.

2.3 Payment of the Agreed Price is due within 24 hours of Booking, unless otherwise agreed. Where you default on payment, we may terminate this Agreement immediately upon notice to you.

2.4All payments due are exclusive of VAT, which will be charged to you at the prevailing rate where applicable.

2.5 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.

2.6 You shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by you under this Agreement.

2.7 You shall pay on demand default interest charges (both before and after any judgement) 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.

2.8 Payment for Extensions are due before the cancellation notice period.

3.   CANCELLATIONS

3.1 Any Booking cancellations must be notified to us in writing or via email.

3.2 Where you give notice of cancellation at least seven days’ (14 days for stays of 29 nights or more) prior to the commencement of the Hire Period, no cancellation charge shall apply.

3.3 Where you give less than seven days’ notice of cancellation (14 days for stays of 29 nights or more), we may charge a cancellation fee equivalent to the Agreed Price.

3.4 The Apartment’s weekly rental shall be determined by reference to the Agreed Price and the Booking.

3.5 Where you fail to arrive and check-in to the Apartment as agreed we will charge the cancellation fee referred to in this clause 3.

3.6 Where we act as agent for a preferred supplier their terms and conditions may differ from our own. The specific cancellation policy should be requested at the time of booking and will be stated on the confirmation.

4.   ARRIVAL AND DEPARTURE

4.1 You may check-in to the Apartment from 15:00 hours (16:00 for houses) 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 hours (10:00 for houses) 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 upon request and may incur Additional Charges.

4.4 We will provide you with more specific instructions relating to check-in (including key collection if applicable) prior to the commencement of the Hire Period; and check-out instructions (including key return if applicable) upon your arrival at the Apartment.

5.   YOUR OBLIGATIONS

5.1 You shall throughout the Hire Period:

5.5.1use 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 by prior arrangement (we must provide you with written consent and additional pet cleaning fees and a higher deposit will apply);

5.1.7 not smoke in the Apartment and common areas;

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;

5.5.11 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 move any furniture within the Apartment.

5.2 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.

5.3 If you default in any of your obligations under this Agreement, we may terminate this Agreement immediately upon notice to you.

6.   SECURITY DEPOSIT

6.1 Please ensure that you inspect the Apartment immediately upon check-in and arrival. Unless we receive notification otherwise within 2 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.

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. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking. 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.   ADDITIONAL CHARGES

7.1 Additional Charges which may be payable include those items specified in the Booking or detailed in this clause.

7.2 In the case of Additional Charges becoming payable, you hereby authorise us to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking you must pay Additional Charges by another acceptable means. We may also deduct such charges from your security deposit.

7.3 The apartment should be left in a reasonable state on departure, if (at our absolute discretion) we consider additional specialist cleaning is required (for example carpet cleaning to remove a stain), we will charge an additional fee of £150.00. When the duration of the booking is in excess of 28 days, a discretionary final cleaning charge of up to £150 may be charged if an apartment is deemed unfit for occupation, you will be obliged to pay compensation to us for loss of revenues in addition to the costs of cleaning and repair.

7.4 We reserve the right to charge £250 (in addition to the general cleaning charges) for specialist cleaning to an apartment and/or its contents where it is left in an exceptionally bad condition or if we believe smoking has taken place in the apartment.

7.5 Fair use policy: A fair use policy is applied in relation to usage of utilities in the Apartment. Any usage for electricity and/or gas exceeding £100 per month for a one bedroom apartment, £150 per month for a two bedroom apartment or £200 per month for a house, will be payable by the guest. We reserve the right to deduct such charges from the security deposit.

7.6 Damages: Damages to the apartment or contents must be paid in full by you. In the event of any breakages or damage discovered during your stay or after you vacate, we will notify you by e-mail or telephone immediately or within 48 hours of your Departure, providing a detailed breakdown of the damage and where is possible a cost of rectification. Where possible, photographic evidence will also be supplied. It is your responsibility to check all items and to ensure that there is no damage to these items. Condition reports can also be provided at the beginning and at the end of the accommodation period if requested.

7.7 Lost, damaged, or non returned parking permits will be charged at £100 each.

7.8 Lost, damaged or non returned keys will be charged at £50 per set.

7.9 Lost, damaged or non returned electronic parking fobs will be charged at £100 per fob.

Lost, damaged or non returned door sensor fobs will be charged at £100 per fob.

8.   EXTENSIONS AND CHANGES

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, full payment should be made immediately or within 24 hours of making the request. In any event extensions must be requested and fully paid for at least 24 hours prior to the expiry of the current hire period (subject to availability). Payment for extensions may not be deducted from the security deposit we hold.

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 apartments are priced higher, the Agreed Price shall remain the same.

9.   INSURANCE AND LIABILITY

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 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. The actual Apartment size, design, fixtures, furnishings and facilities may vary.

9.4 We do not exclude liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

10.   COMPLAINTS

We aim to provide a quality service. We urge you to immediately raise anything you are not satisfied with by phone to +44 (0) 74480 66924 or by email to stays@heliodoorapartments.com. We will do our best to resolve any issues that arise.

11.  SMOKING

Smoking of any form (including vaping) is not permitted in the apartments or in the internal communal areas of the apartment. A surcharge of £250 or loss of total deposit will be made if evidence of smoking is discovered in the apartment.

12.   TERMINATION

12.1 We may terminate this Agreement immediately by giving written notice to you if:

12.1.1 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

12.1.2 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

12.1.3 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 24 hours of you being given written notice by us to that effect.

12.2 Upon expiry or termination of this Agreement for any reason whatsoever you shall:

12.2.1 pay to us any Agreed Price in arrears and all other moneys due under this Agreement;

12.2.2 return the Apartment to us in good repair, condition and in a clean and tidy state; and

12.2.3 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).

12.3 Any of our rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.

12.4 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.

13.   GENERAL

13.1 Force Majeure

No party will be liable to the other for any 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.

13.2 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.

13.3 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.

13.4 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.

13.5 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.

13.6 Notices

Any notice or demand to be given under this Agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or to that party’s email 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 twelve hours after the time of transmission or, if transmitted out of normal business hours, three hours after the subsequent opening of business.

13.7 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. 

13.8 Interpretation

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 7 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 or correspondence;

“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;

“VAT” means Value Added Tax at the rate in force for the time being;

“Website” means heliodoorapartments.com

14.    Acceptance of Terms and Conditions / Contract of Hire

All bookings are subject to these terms and conditions that are deemed to have been accepted in full by the hirer and all persons in the party. Payment of deposit and/or Booking fee also indicates acceptance of these Terms and Conditions.