Terms & conditions

1.1

Urban Chic provides serviced apartments in England and Wales.

1.2

These Conditions, their subject matter and their formation are governed by the laws of England and Wales.

1.3

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Conditions.

2.1

"Additional Charges": the charges described in clause 14, together with any charge referred to elsewhere in these Conditions.

2.2

"Agreed Purposes": the performance by each party of its obligations under the Contract.

2.3

"Data Protection Legislation": the UK GDPR and the Data Protection Act 2018, and any other data protection or privacy laws in force in the United Kingdom from time to time, together with any guidance and codes of practice issued by the Information Commissioner.

2.4

"UK GDPR": the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) as it forms part of the law of England and Wales by virtue of the European Union (Withdrawal) Act 2018.

2.5

"Permitted Recipients": the parties to the Contract, the employees of each party, any third parties engaged to perform obligations in connection with the Contract, and any group companies of each party.

2.6

"Shared Personal Data": the personal data shared between the parties under clause 19, confined to: the names and contact details of the Guests; the names, work email addresses and telephone numbers of your employees; the names, email addresses and telephone numbers of our employees; and the names, email addresses and telephone numbers of third parties engaged to perform obligations in connection with the Contract.

The terms "controller", "processor", "data subject", "personal data", "processing" and "appropriate technical and organisational measures" have the meanings given in the Data Protection Legislation.

3.1

The person making the booking must be at least 18 years old and is responsible for the booking and for all Guests staying under it.

3.2

Your booking is not confirmed until we have received payment in full for your reservation, or have agreed alternative payment terms with you in writing.

3.3

These Conditions are emailed to you when we confirm your reservation and are deemed accepted by you at the time of payment. Together with the booking form and the obligations set out in the Apartment Information Folder, they constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made by or on behalf of us that is not set out in the booking form or these Conditions.

3.4

As the booker, it is your responsibility to ensure that all Guests are given a copy of these Conditions and understand that you are bound by them, and that the Guests' use of the Property may be terminated if these Conditions are not adhered to.

3.5

We may require photographic identification and proof of address for the booker and/or any Guest, and may carry out identity, payment-verification, sanctions and fraud-prevention checks before or during a booking. We reserve the right to refuse, suspend or cancel a booking, or to refuse entry, where a booking fails any such check or where we otherwise reasonably consider it necessary on security, safety, fraud-prevention or legal grounds.

4.1

Prices are set out in the booking procedure, quoted in pounds sterling, and are subject to change until a booking is confirmed. Once a booking is confirmed we will not increase the price unless you alter the booking.

4.2

Unless otherwise stated, prices are quoted exclusive of Value Added Tax ("VAT") and you will be required to pay VAT (where chargeable) at the prevailing rate.

4.3

Payment is to be made in pounds sterling only. Full payment is due at the time of booking. Invoices confirming the booking will be dispatched as part of the booking procedure.

4.4

If any amount due is overdue, we reserve the right to charge interest at 4% per year above the Bank of England base rate from time to time, accruing daily from the due date until payment, whether before or after judgment.

5.1

The cancellation charges and notice periods applicable to your booking are those set out in your booking confirmation. These vary according to the rate booked and the type of booking (for example, leisure or corporate), so please refer to your booking confirmation for the terms that apply to you.

5.2

All cancellations and requests to amend a booking must be notified to us by email. Notice periods are calculated from the revised departure date. A full refund is given only where notice is received and acknowledged by us by email within any no-charge period stated in your booking confirmation. Where a Guest departs before the booked departure date, the cancellation charges and notice periods in your booking confirmation apply.

5.3

Where a Guest wishes to extend the stay, notice should be given to us by email as soon as possible. We cannot guarantee any extension, which is subject to availability. We may offer an alternative apartment if the Property is not available for all or part of the extension, and we reserve the right to charge a different price for any extension period. Payment for the extension is required as soon as we confirm availability.

5.4

These Conditions apply to any extension in the same way that they apply to the original booking.

5.5

Failure to check in, and any cancellation of a booking (in whole or part) resulting from disruption to your travel arrangements, whether caused by an act of God, industrial action or any other circumstances outside our control, will not reduce or cancel your liability for the full cost of the booking, and cancellation charges will apply in accordance with this clause 5. You are advised to take out adequate insurance to cover such losses.

6.1

Check-in is from 15:00 on the date of arrival. Check-out is before 10:00 on the date of departure. Check-in instructions are sent with your booking confirmation.

6.2

The Apartment Information Folder in the Property confirms the check-out procedure, including the return of any fobs, keys or passes issued to the Guests.

6.3

Failure to check out on time may result in extra charges commensurate with the disruption caused, including the cost of any resulting delay to the following booking, in accordance with clause 14.

7.1

The Property is not for use as the principal or an additional home or residence of the Guests. It is to be used only as temporary or holiday accommodation, or in connection with the business needs of you, your organisation and/or the Guests. No person other than the Guests has the right to use the Property.

7.2

These Conditions constitute a contractual licence to occupy the Property as temporary or holiday accommodation and do not create a tenancy (periodic or otherwise). No relationship of landlord and tenant is created between us and the Guests.

7.3

The Guest acknowledges and agrees that their stay is strictly a short-term licence to occupy and confers no tenancy rights or security of tenure. This agreement is an excluded agreement under section 3A(7)(a) of the Protection from Eviction Act 1977 (as amended) and does not create an assured tenancy under the Housing Act 1988 (as amended). The Guest has no right to remain beyond the agreed departure date and must vacate accordingly; failure to do so may result in legal action to recover possession and in charges under clause 14.

8.1

We cannot guarantee the exact apartment number(s) before arrival but will accommodate Guests in apartment(s) of an equivalent standard and nearby location. No refund is payable in these circumstances.

8.2

The Property may only be used by the maximum number of Guests suitable for the Property as advertised by us. All Guest names must be submitted at the time of booking, and any change in the identity of the Guests must be notified to us by email in advance of arrival. The Property must not be slept in by any other persons.

8.3

We may, acting reasonably, need to move the Guests to alternative accommodation of an equivalent standard during the stay (for example, in the event of an emergency, a health or safety issue, or essential maintenance). We will give as much notice as is reasonably practicable and will not charge for the move itself.

9.1

We cannot be held responsible for any failure or interruption of services to the Property beyond our reasonable control, or for any damage, disruption or noise resulting from repair works carried out in another part of the building.

9.2

Where the price is inclusive of utilities, this covers normal domestic use only. We reserve the right to charge for any utility consumption that is materially excessive or not consistent with normal residential use, in accordance with clause 14.

10.1

Guests do not have exclusive access to the Property. We, our staff and our contractors have the right of access at all reasonable times, and at all times in the case of emergency, without notice.

10.2

Weekly housekeeping visits will occur without notice in the time slot detailed in the Apartment Information Folder.

10.3

We will issue one set of all necessary keys, fobs and car-park passes (if applicable) for each Property, unless otherwise requested in advance (in which case a £50 deposit may be taken for each additional set). We retain a full set of keys for access to the Property.

You shall procure that the Guests will:

11.1

comply with these Conditions and the regulations for use of the Property set out in the Apartment Information Folder; if any Guest breaches these Conditions or those regulations, we reserve the right to require the Guest to vacate the Property immediately, without refund;

11.2

not smoke (including vaping) anywhere in the Property, and not keep or allow pets to visit the Property (except registered assistance dogs);

11.3

be responsible for the safety of their own belongings and for the behaviour of their children while at the Property;

11.4

use the Property responsibly and with respect for other guests staying nearby, and not cause a nuisance, annoyance or disturbance;

11.5

keep the Property and its furniture, fittings and effects in the same condition as on arrival (fair wear and tear excepted) and leave it in the same state of cleanliness and order as on arrival, to avoid incurring Additional Charges;

11.6

notify us of all damage, lost or broken items, or matters requiring maintenance, in the manner set out in the Apartment Information Folder;

11.7

remove their belongings from the Property on the date of departure; lost property will be kept for a maximum of one month from the date of discovery and may thereafter be discarded;

11.8

keep the Property free of unnecessary clutter and excess belongings so that regular cleaning and servicing is not hindered; we reserve the right to terminate the stay early where weekly cleaning and maintenance is not possible owing to excess clutter or disarray; and

11.9

co-operate with us in all matters relating to the Property.

11.10

Where Guests stay for more than 30 days, we may carry out a full condition inspection after the first 30 days and thereafter on notice. Guests will be notified in writing in advance of each inspection.

11.11

Guests must keep noise to a minimum between 22:00 and 08:00 and must not cause any nuisance, annoyance or disturbance to other occupiers of the building or to neighbours at any time.

12.1

The Guest must not sub-let, assign, share or part with occupation of the Property, advertise or list it (including on any short-let or home-sharing platform), or allow any person other than the registered Guests to occupy it.

12.2

The Property must not be used for any commercial purpose, event, photo or film shoot, or party, without our prior written consent.

12.3

The Guest must not use the Property, or permit it to be used, for any illegal, immoral or dangerous purpose, including the use, supply or storage of controlled drugs, or the storage of dangerous or hazardous items.

12.4

We may terminate the booking and require all Guests to vacate immediately, without refund, on any breach of this clause 12, without prejudice to our right to recover Additional Charges and any other losses.

13.1

You authorise us to charge the payment card used for, or provided in connection with, the booking for any sums properly due under these Conditions, including Additional Charges, the cost of damage, and any cancellation charges, without the need for further authorisation.

13.2

We may take a pre-authorisation or hold a refundable security deposit against the payment card before or on arrival. Any deposit will be returned within a reasonable period after departure, less any sums properly due to us under these Conditions.

13.3

You agree not to raise a chargeback or payment dispute in respect of charges properly incurred under these Conditions, and will raise any query with us first in accordance with clause 20.

14.1

We reserve the right to charge you for loss or damage caused by the Guests, including (without limitation) breakages, loss of or damage to the Property or its contents; cleaning or specialist treatment where more than routine cleaning is needed, including where smoking has occurred (for which a £250 administration charge plus the cost of remedial works applies, as set out in the Summary of Booking Terms); replacement of lost keys, fobs or car-park passes; attending a Guest lock-out where the fault lies with the Guest; and any financial loss we incur because the Property cannot be made available for the next booking owing to damage, delay or interruption caused by the Guests.

14.2

Where the amount of an Additional Charge is not fixed in these Conditions, we will charge the actual cost of the cleaning, replacement, repair, service or loss, together with a reasonable administration charge of 10%. Any charge is intended to reflect our genuine and reasonable costs and losses and not to operate as a penalty.

14.3

We will provide a written statement of any Additional Charges together with our invoice. Payment is due against presentation of our invoice, and clause 13 applies.

15.1

We are not responsible for loss of or damage to Guests' own computers or their contents while in the Property or connected to the broadband connection.

15.2

Guests must not use the broadband connection for any illegal or immoral purpose. A Guest responsible for such use shall be liable for any loss or damage we reasonably suffer as a result of any claim brought against us.

15.3

Guests are responsible for the cost of telephone calls and must contact the telephone provider directly, in accordance with the Apartment Information Folder, to make outgoing calls.

15.4

We take no responsibility for Guest mail delivered to the Property. It is the Guest's responsibility to make adequate provision for the secure receipt of personal mail during and immediately after their stay.

16.1

We are not liable for loss of or damage to Guests' belongings, however caused. Guests should ensure their own insurance policy covers these items during their stay. Our insurance does not cover guests' belongings.

16.2

Luggage storage, where offered, is provided at the owner's risk and we accept no responsibility for lost, stolen or damaged items.

17.1

You shall indemnify us and keep us indemnified against all liabilities, costs, expenses, damages and losses (including reasonable legal and professional costs) suffered or incurred by us arising out of or in connection with any breach of these Conditions by you or any Guest, any negligent or wrongful act or omission of any Guest, and any claim made against us by a third party (including other occupiers of the building) arising from the Guests' use or occupation of the Property.

18.1

If our performance of any obligation under the Contract is prevented or delayed by your act or omission, or by your failure to perform any relevant obligation (a "Customer Default"), we shall not be liable for any costs or losses you sustain arising from that Customer Default, and you shall reimburse us on written demand for any costs or losses we sustain as a result.

18.2

You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding. We may at any time, without limiting our other rights or remedies, set off any amount owing to us against any amount payable by us to you.

18.3

Nothing in these Conditions limits or excludes our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be limited or excluded by law.

18.4

Subject to clause 18.3, we shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss; and our total liability in respect of all other losses arising under or in connection with the Property shall in no circumstances exceed the price paid under the Contract.

19.1

This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (the Data Discloser) may from time to time disclose to the other (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.

19.2

Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation. Any material breach of the Data Protection Legislation by one party that is not remedied within 20 days of written notice from the other party gives the other party grounds to terminate the Contract with immediate effect.

20.1

If you have any concern or complaint about the Property or our services, please tell us as soon as possible during the stay, using the contact details in the Apartment Information Folder or by emailing mail@my-urbanchic.com, so that we have the opportunity to put matters right. Any complaint that cannot be resolved during the stay should be sent to us in writing within 14 days of departure.

21.1

These Conditions apply to all bookings, including those made on booking forms that are not ours, and override any conflicting terms on such forms.

21.2

We may assign, transfer, subcontract or deal in any manner with any of our rights or obligations under the Contract. You may not assign, transfer or sub-contract any of your rights or obligations without our prior written consent.

21.3

If any provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if that is not possible, the relevant provision shall be deemed deleted, and the modification or deletion shall not affect the validity and enforceability of the rest of these Conditions.

21.4

No failure or delay by us in exercising any right or remedy shall constitute a waiver of that or any other right or remedy, and no single or partial exercise of any right or remedy shall prevent any further exercise of it.

21.5

The provision of accommodation is subject to any event outside our reasonable control (including industrial disputes, act of God, fire, flood, epidemic, failure of utilities or building services, and government restrictions), for which we shall not be liable. Where we are unable to provide the Property for reasons outside our reasonable control, we will offer a suitable alternative or a refund of sums paid for the affected period.

21.6

These Conditions apply in full except to the extent expressly varied by us in writing and notified to you.

21.7

Paragraph headings do not affect the interpretation of these Conditions.

21.8

A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.