Summer Accommodation Booking Terms and Conditions Any term used in these terms and emboldened will have the same meaning as set out on the booking form or below. “us”, “we” or “our” means the University of Westminster (Trading) Limited “you” or “your” means the party that has signed the booking form: “booking form” means our booking form for accommodation, meeting rooms and other facilities, including any addendum booking form “addendum booking form” means our booking form for additional and amended bookings “contract” means the contract between us and you for the hire of the space in accordance with these Terms and Conditions “departure date” and “arrival date” means those dates shown on the booking form “licence period” means the period from and including the arrival date up to and including the departure date “price” means the gross total cost stated in the booking form “premises” means our property of which the space forms part “space” means that part of our property that you have booked for your use on the booking form Part 1 General 1 Licence 1.1 We shall allow you occupation of the space for the licence period subject to you paying us the price 2 Your rights You are authorised to enter the premises to make use of the space or other similar communal areas which we designate for your use (“communal areas”) by us subject to: 2.1 you having paid the price 2.2 you complying with any regulations we make regarding use of the space and you have no other rights in addition to those set out in this agreement, except that nothing in these Terms and Conditions will affect your statutory rights. 3 Your obligations during the licence You agree to do the following: 3.1 pay the price and any other sums specified on the booking form without deduction in accordance with the terms specified on the booking form. 3.2 on demand pay any Value Added Tax (including any tax charged in addition to or in substitution for it) to us in respect of any supply for Value Added Tax purposes of goods or services made pursuant to or in consequence of this agreement. 3.3 not do anything relating to the premises which renders us liable to any tax or other financial liability (save for our income or corporation tax). 1 3.4 pay interest on any price which is overdue calculated at six per cent above the base rate of Barclays Bank plc for the period from the due date until payment. 3.5 at your own expense comply with all statutory requirements (including without limitation those relating to Town and Country Planning and Health and Safety at Work) affecting your use of the space. 3.6 indemnify us against any actions, claims, demands or liability whatever arising from your use of the space or any breach or non-observance by you of the provisions of this agreement. 4 What happens at the end of the licence period? 4.1 You agree to do the following: 4.1.1 at the end of the licence period (however determined) to return the premises to us in the condition required by this agreement and to remove from the premises all moveable possessions belonging to or used by you; 4.1.2 permit us to remove or dispose as we wish of any moveable possessions left in the premises at the end of the licence period at your cost and you will indemnify us for any costs incurred. 5 What happens if you do not comply with your obligations? 5.1 We may terminate this licence immediately by serving written or verbal notice and you must immediately remove any of your possessions from the premises but without prejudice to any right or remedy of us in respect of any previous breach of your covenants and/or obligations in this agreement if: 5.1.1 any fee is unpaid if no payment is received by date payable; 5.1.2 you breach any of the terms of this agreement. 6 Identification 6.1 We restrict access to the premises to people with a valid pass swipe card or similar or another acceptable means of identification and you shall ensure that you and your party comply with such restriction. 6.2 You shall ensure that that throughout the licence period we are in possession of an up to date list of the people who are on the premises in connection with your use of the space. 6.3 You shall ensure that throughout your use of the premises you shall organise an appropriate means of identification for you and your party and you shall notify us of such means not less than 48 hours before the licence period. 7 Our liability to you 7.1 We do not exclude or limit in any way our liability for: 7.2 7.1.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or 7.1.2 fraud or fraudulent misrepresentation. In the event that we breach these terms and conditions, we shall only be liable for losses that are caused directly by our breach and that are a reasonably foreseeable consequence of such breach. We shall in no way be liable whether in contract, tort (including negligence) or for breach of statutory duty, or any other way for any other types of losses (except in the circumstances listed in clause 7.1). 2 7.3 Where we are liable to you our maximum liability to you whether in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation. 8 Regulations 8.1 You shall not cause the space and/or the premises or any other part of the Building to become dirty or untidy but at all times you shall make reasonable efforts to keep the space and the premises clean and tidy. 8.2 You shall not attach notices or signage to any part of the space or premises. 8.3 You shall not allow any other person (except persons authorised by us) to use occupy or share the space or any part of it and not to assign transfer or otherwise dispose of, share or deal with the benefit of this licence. 8.4 You shall not behave in the space and/or premises in such a way as to be a nuisance annoyance or inconvenience to us or any other occupier of the space and/or premises or the owners or occupiers of premises in the vicinity of the premises. 8.5 You shall ensure all persons under the age of 18 as part of your booking are supervised by a responsible adult at all times. 8.6 You shall be 18 years old or over at the start of the licence period. 8.7 You shall not damage the space and/or premises and you shall report any damage caused to us as soon as possible. 8.8 You shall not use the space or any other part of the premises for any illegal purpose or in such a manner as to bring us or the premises into disrepute and in particular not to commit a criminal offence in or in the vicinity of the premises. 8.9 When entering or leaving the space or the premises you shall ensure that doors and windows are left securely closed and locked. 8.10 When keys or entry cards are required for access to the space or premises you shall sign to accept the keys or entry card and the signatory for the keys shall be responsible for their proper use and their return to us. 8.11 You shall report lost or stolen keys or entry cards to us immediately and shall pay us on demand £15 for replacement keys/entry cards. 8.12 You shall comply with any delivery restrictions in relation to our premises and all deliveries must be agreed by us in writing, in advance of the delivery. 8.13 You shall not interfere with or misuse any health and safety and fire safety assets, such as firefighting equipment, fire doors, fire alarms, safety signs or notices provided or displayed in the premises. 8.14 You shall keep all fire doors closed at all times and not to obstruct fire exit routes or vision panels. 8.15 You shall not bring any dangerous combustible explosive or illegal substances or any items prohibited by our premises licence into the premises, or use candles oil burners or heaters in the premises. 8.16 You shall comply with all emergency and evacuation procedures in place in respect of the premises including without limitation complying with all practices which may occur during the licence period. 8.17 If an accident or near miss occurs on the premises you shall report it to us as soon as reasonably possible. 3 8.18 You shall ensure that any electrical equipment brought into the premises complies with our standard electrical supply (which runs at 230/240 volts at 50Hz) and the equipment must also have a maximum load not exceeding 13 amps and such equipment and associated cabling must be thoroughly checked to ensure it is intact and fit for purpose before being brought onto the premises. 8.19 With the exception of assistance dogs no animals are allowed into the premises. 8.20 You shall not smoke in the space, or in any enclosed areas, whether internal or external. You shall not smoke near the entrances to our buildings. 8.21 You shall not use our equipment (with the exception of equipment specified in the booking form and expressly provided for your use e.g. AV equipment, or facilities provided as standard for all users of the premises – e.g. hand dryers, lifts etc.). 8.22 You shall not sell or authorise others to sell, any goods, including by way of example and not limitation tickets without our prior written consent. 8.23 You shall not take photographs or make video recordings without agreement from us in writing, in advance. 8.24 We shall not accept liability for the loss of or damage to any of your property while it is in the space or on the premises except where the damage arises as a result of our negligence. 9 Advertising and publicity 9.1 You must ensure that in any publicity material used in connection with your use of the space that your use is in no way connected with us or our activities and that your use is in any way endorsed by us and the space and/or premises is only named so as to enable your visitors to identify it. 10 Space allocation 10.1 We shall take all reasonable steps to fulfil the reservation in accordance with the booking form, however if we are unable to do so through no fault of our own we reserve the right to provide alternative services of at least the equivalent standard at no extra cost to you or offer reimbursement. 11 Miscellaneous 11.1 We and you agree that no person who is not a party to this agreement is to have the benefit of or be capable of enforcing any term of this agreement as a result of the Contracts (Rights of Third Parties) Act 1999. 11.2 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. 11.3 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and you irrevocably submit to the non-exclusive jurisdiction of the English Courts. 11.4 You shall indemnify us against any loss or damage or claim that we suffer as a result of your use of the space and/or premises. 11.5 A reference to writing or written includes e-mail. 4 12 Events beyond our control 12.1 We cannot be held responsible for any cancellation or any associated losses resulting from Acts of God, Acts of Government, employment or student disputes or any other circumstances beyond our reasonable control (“force majeure”) necessitating the closure of our premises. 12.2 13 In the event of any force majeure cancellation as referred to above, we shall use reasonable endeavours to give you notice of such cancellation. If the hiring is cancelled as a result of force majeure, we shall refund any fees paid in advance by you, but shall otherwise have no liability to you. Basis of Contract 13.1 Your booking form constitutes an offer by you to hire the space in accordance with these Terms and Conditions. 13.2 Receipt of your booking form does not bind us to accept your booking. Your booking form shall only be deemed to be accepted when we acknowledge receipt of your booking form and deposit payment and confirm the booking to you in writing. 13.3 The contract constitutes the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the contract. 13.4 Any descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the facilities described in them. They shall not form part of the contract or have any contractual force. 13.5 These Terms and Conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Information about us and how to contact us 14 14.1 We are a company registered in England and Wales. Our company registration number is 02368579 and our registered office is at The University of Westminster (Trading) Limited, 309 Regent Street, London, W1B 2UW. Our registered VAT number is 627 0421 66. 14.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 02079115181 or by e-mailing us at [email protected] 14.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to The University Of Westminster (Trading) Limited at 309 Regent Street, London, W1B 2UW. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order. Part 2 Summer Accommodation for an independent traveller/s 15 Use 15.1 To use the space as residential short stay accommodation only and not for any other purpose. 15.2 Hours of use are limited to those stipulated in the booking form. Any additional hours must be requested by you in advance and agreed by us, subject to availability. Additional use will be charged accordingly. 15.3 You shall keep noise to a minimum at all times and especially after 23.00 hours. 5 15.4 You shall not use any radio television set or other audio/visual equipment in the space in such a way as to disturb other occupiers of the space and/or premises. 15.5 You shall not play musical instruments in the space and/or the premises. 15.6 You shall ensure that guests invited into the space by you do not cause disturbance to other occupiers of the premises and at any one time do not number more than two and if requested by us you will ensure that the guests leave the space and premises promptly. 15.7 You shall ensure that any guests leave the space and/or premises before 22.00hrs. 15.8 You shall not cook in any place other than the kitchen designated for your use by us. 15.9 You shall not keep a bicycle in the space and will only keep it in any place that has been designated by us for the storage by you of bicycles. 16 Arrival and Departure 16.1 The space will be available from 14:00 hours on the arrival date. 16.2 You shall vacate the space by 10:00 hours on the departure date or forthwith if asked to do so by us at an earlier time. 17 Cancellation 17.1 At any time prior to the commencement of the license period you may give notice in writing to us that you no longer require the whole of the space during the licence period subject to paragraph 17.2 below. 17.2 If you give notice to us pursuant to paragraph 17.1 you shall be released from all your obligations under this licence except that if you give notice to us we will only be obliged to refund to you the amount (if any) by which the total of the instalments of the Price actually paid by you exceeds the cancellation fee payable by you as set out below: 17.2.1 for bookings less than 28 days in uninterrupted duration – 90% of the Price; 17.2.2 for bookings more than 28 days in uninterrupted duration: 17.3.2.1 31 or more days prior to the start of the licence period - 30% of the Price: 17.3.2.2 30 days or less days prior to the start of the licence period - 90% of the Price. 17.3 At any time prior to the commencement of the licence period we may give notice in writing to you that we can no longer proceed with your booking. 17.4 If we give you notice pursuant to clause 17.3, we will only be obliged to refund to you the amount (if any) which you have paid up to the date that notice is given to you. We shall not be liable to you for any other losses that you may suffer caused by our cancellation. 6
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