Agreement - Short Stay Serviced Property
Short Stay Booking Agreement To Occupy A Serviced Property
TERMS AND CONDITIONS
The terms and conditions of this short stay booking agreement are a binding agreement made between the parties:
Landlord Direct
Landlord Direct act as an introductory agent on behalf of the owner of the property.
and
The Guest , as shown on the Booking Form, you The Guest agree to these terms and conditions as an individual but also on behalf of all the members of your party who stay with you at the property or visitors invited by you, whether you are booking the property for yourself or on behalf of another person/s.
In respect to:
The Property, is at the address shown on the Booking Form.
1.1 Short Stay Booking Agreement To Occupy A Serviced Property:
You, The Guest are granted a licence to occupy the property which is a serviced property and is only to be used by you as short stay accommodation. The property is not to be used as the main principal home of the Guest; You , the Guest, will not by your occupation of the property have any claim or entitlement to a tenancy ( assured shorthold , assured or any other type) of the property. You the Guest will not be or become a tenant of the property and no statutory security of tenure exists now or after your occupation has ended. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment. These conditions constitute an excluded agreement under S(3A)(7)(a)of the Protection from Eviction Act 1977 (as amended) and cannot be construed as an assured tenancy under the Housing Act 1988 (as amended).
2.1 Short Stay Booking Agreement Enforceable
Both parties to This Booking Agreement, You the Guest & Landlord Direct agree that the short stay booking agreement will become binding on both parties on and subject to:
2.2 The full payment of the accommodation tariff by the Guest being received by Landlord Direct
2.3 The full tariff payment received is shown as cleared funds in the Bank used by Landlord Direct
2.4 The Guest has been sent a Confirmation Email from Landlord Direct detailing the booking.
2.5 The Guest has provided to Landlord Direct a copy of their passport photo page or driving licence.
2.6 The Guest has provided addition proof of identification if requested by Landlord Direct.
3. Payment Methods
Payments for bookings made through the Online Travel Agents (ie. Airbnb, HomeAway, TripAdvisor) are subject to the policies on their websites.
For direct bookings:-
The Tariff Payment is required in two payments, if booking is made 4 weeks or more prior to the arrival date:
Tariff 1st Advance Payment of 20% to be made at the time of booking.
Tariff 2nd Balance Payment to be paid 4 weeks prior to arrival date.
Bookings made within 4 weeks prior to the arrival date must be paid in full at the time of booking
If payment does not reach Landlord Direct within these time periods, then Landlord Direct reserve the right to cancel any booking made.
A card registered in the name of the Guest must be used as this provides an identity check.
The majority of our serviced properties do not attract V.A.T.
4.1 Tariffs
The tariffs advertised by Landlord Direct are to the best of our knowledge correct at the date of publication but we reserve the right to change any tariff from time to time.
4.2 Services Included
Utility: All costs for gas, electric, water , Council Tax or Business Tax accrued in respect to the Property, during the Guest's stay at the property are included within the tariff.
Cleaning: The property will be cleaned on a weekly basis or as agreed, including a change of bed linen and bath towels. The cleaning service is a general clean of the property.
Furnished & Equipped: The property, is provided to the Guest furnished and equipped for their occupation.
Broadband: Free unlimited internet Broadband is included with the serviced property. Full connection details are held in the property folder left at the serviced property.
Telephone: No telephone service is provided.
Keys: The Guest will be provided with Keys and if required access fobs. Unfortunately we cannot provide additional sets of keys. If keys or fobs are lost or stolen the Guest is liable for the full replacement costs.
Car Parking: Where the property is offered to the Guest with the benefit of car parking, the Guest will be advised of a designated car parking space. The guest must not park a vehicle in any other car parking space other than the designated parking space made available to the Guest. Some developments operate car park management services which could result in the Guest's car if improperly parked to receive a fine or to be impounded.
Repairs & Maintenance: If a repair or maintenance issue occurs, they will be dealt with by the property owner or his/her contractors. The property owner should give The Guest 24 hours notice that access to the serviced property is required. In the unlikely event that an emergency repair is needed to prevent further damage occurring, then the property owner will require immediate access.
Interruption to services: Landlord Direct are not to be held liable for any interruption of the above services, for what ever reason.
5.1 Deposit
Landlord Direct rarely ask the Guest for a Deposit, the property owner can on occasions request a deposit especially for seasonal bookings such as the New Year. A deposit if requested by the property owner must be paid fully in advance but is fully refundable to the Guest subject to any breakages or extra cleaning required or for missing keys or fobs, or other matters seen to be beyond fair usage.
5.2 Further Charges For Beyond Fair Usage
Valid credit or debit card details must be supplied at the time of booking to cover any further costs caused by The Guest or his or her visitor/s. These costs will be deducted from any Deposit held or from the debit/credit card supplied, any Deposit balance remaining after such deductions have been paid and cleared through our bank will be refunded to you, along with a written statement itemising any further costs. If the payment requested from the Guest's debit/credit card is declined, or if no card details are provided, Landlord Direct reserve the right to invoice the Guest directly for these further charges.
5.3 Further Charges, :
It is unlikely that Landlord Direct will be asked by the property owner to charge the Guest for further costs that have occurred during the Guest's occupation and that are seen reasonably to be beyond the fair usage of the serviced property. Keys and fobs for example often have to be ordered via a block management company and can be expensive to replace if lost. The serviced properties booked by Landlord Direct are self-catering and self-service, and do not include reception services and any out of hours services will be arranged via the property owner. The Landlord Direct office is open during normal working hours.
Landlord Direct list below some examples of possible further charges, this is not an exhaustive list, and does not limit the property owner to make other further charges not included in this Booking Agreement:
- Loss or damage to the fabric of the property or it's fixtures, fittings and contents.
- Cleaning over and above reasonable usage. £10 per hour plus vat
- Remove stains to carpets or upholstery - specialist company will be used
- Specialist cleansing charges will apply where the Guest or their visitor/s have smoked inside the serviced property. - £150
- Lost keys, fobs or access cards - £50 - £400 depending on which building
- Out of Hours charge for locked out Guests £55 ( if available)
- Telephones are not provided in our serviced properties,the telecommunication lines connected to the property are strictly for the purposes of internet connection only. Any attempt by the Guest to connect a telephone to the telecommunications connected to the property will be in breach of this agreement and attract charges.
- Electric cars should only be recharged at The Property by using a designated external charging point if provided. The Guest/s or other persons should notify Norfolk Stay if they use a designated external charging point and arrange to make payment for the electricity used. Most charging points are monitored by an accompanying App showing the duration and cost of the electricity used by the charging point.
The Guest/s or any other persons are strictly prohibited from recharging an electric vehicle using the internal electric three pin power points at The Property. If it is found that an excessive amount of electricity has been used during The Guest’s stay then an automatic charge of £250 will be charged to The Guest.
6. Arrival and Departure Times
The property is not available until 4.00 pm on the day of arrival
You, the guest must vacate the property by 10.00 am on the day of departure.
7. Key Collection
You the Guest will be given Key collection details prior to your arrival, keys are usually collected from our West Bridgford office. Many of our serviced properties are accessed by key safes and you will be given a code to enter the property.
8. Key Return
Keys can be returned to our West Bridgford Office, or instructions will be given to you, to leave the keys at the property.
9. Guest Conduct
The Guest is expected to comply with any regulations for use of the property. These are available on arrival usually in the Property Folder, found in the property. If any guest breaches any of these conditions or regulations, Landlord Direct or the property owner reserve the right to request that the Guest vacate the property immediately without refund.
Smoking is not permitted inside the property or in the communal areas of the property.
Pets or any animal of any sort are not allowed in the property or the communal areas of the property, unless agreed in writing by the property owner, prior to your booking being accepted.
Nuisance: The Guest should act as a reasonable householder, and not cause nuisance to neighbours. The most common consideration is unreasonable noise levels especially late at night. This is especially true of apartments where extra consideration should be given to neighbouring property.
Damage: The Guest should keep the furniture,fixtures, fittings and equipment provided in the property in the same condition as found on arrival. The Guest has an obligation to notify Landlord Direct of any damage or breakages that occur during the Guest's stay at the property. If found to beyond fair usage then the Guest will be charged the full cost of replacement, repair, or cleaning.
Cleaning: The Guest should keep and leave the serviced property in a reasonable state of cleanliness. The property will receive a general clean during and at the end of the Guest's occupation, however, further charges may be made to the Guest for any extra cleaning or specialist cleaning required to return the apartment to the same state as found at the start of the Guest's occupation..
Remove Your Personal Effects: The Guest on the departure date should remove all of their possessions from the property. Any items found by the property owner after the Guest has vacated will be kept for up to 3 months after the departure date. Email: mark@landlorddirect.com
for inquiries.
10.1 Changes, Extensions and Cancellations
All notification of extensions and cancellations must be made in writing or by email to our office mark@landlorddirect.com
10.2 Changes
All changes of arrival or departure dates are subject to availability.
Your occupation of The Property booked is not exclusive to The Property, it is rare that Landlord Direct need to make any changes to a booking however occasionally bookings have to be changed or cancelled and Landlord Direct reserve the right to do so.
If a change has to be made or your booking has to be cancelled we will, if possible, offer you an alternative property of similar size and in a similar location for the same period. Failing this Landlord Direct will make attempts to place you with an alternative operator.
10.3 Extensions
Landlord Direct cannot guarantee that the Guest will be able to extend their occupation of the property beyond the dates initially booked through Landlord Direct. Landlord Direct will always try to accommodate your requests to extend your stay, but your request will be subject to availability. Landlord Direct may, subject to availability be able to offer the Guest an alternative serviced property on similar terms.
10.4 Cancellation Policy
Cancellations for bookings made through the Online Travel Agents (ie. Airbnb, HomeAway, TripAdvisor) are subject to the cancellation policies on their websites.
For direct bookings:-
Tariff 1st advance payment of 20%, made at the time of booking, is non-refundable if booking is cancelled within 12 months of the arrival date.
Tariff 2nd balance payment, due 4 weeks prior to arrival, is non-refundable once paid
The date of the cancellation will be the date that Landlord Direct receive the cancellation notice, either at their office at; 21 Gordon Road, West Bridgford, NG2 5LL or by email to shortstay@landlorddirect.com
For any cancellations made 4 weeks or more prior to the arrival date, the Guest may use any payments made in respect of the booking towards alternative dates at the same property, providing this is within 6 months of the original arrival date. The cost of any alternate booking will be subject to the seasonal price variations on the website.
All booking fees are non-refundable.
COVID-19 Cancellation Policy
If a government lockdown is imposed at the location of the holiday home, meaning that the accommodation is unavailable for occupation during the period of your booking, then the Guest will be offered the option to re-book within 12 months of the original arrival date, subject to seasonal variations, but with no increase on the annual price.
COVID-19 Advice Procedure & Your Holiday Booking
Before your stay
• If you develop or a member of your party develops symptoms prior to your stay, you must follow the latest NHS guidance in this respect and not travel under any circumstances. Please refer to our cancellation policies above in this event.
• You must not break any travel restrictions imposed by national or local lockdown government or local government directives, this will include lockdowns affecting the location of the main guest’s home address and the address’ of fellow guests if different, as well as the location of the holiday home booked.
During your stay
• If you develop or a member of your party develops symptoms during your stay and a test confirms infection please let us know and leave the property immediately so that we can take the necessary steps to deep clean the property. If you develop or a member of your party develops acute breathing difficulties during your stay please call 999
• If a lockdown is announced during your stay that affects the main guests’ home address or the address of a fellow guest, then those effected should leave the holiday accommodation immediately and return to their main home.
• If a lockdown directive is announced that affects the holiday accommodation then all guests must leave immediately and return to their main home address’.
After your stay
• Similarly, if you develop or a member of your party develops symptoms within 14 days of your stay and a test confirms infection please let us know immediately to allow the necessary measures to be taken.
Up to date information and advice regarding COVID-19 can be found on the GOV.UK and NHS websites. In particular please read and familiarise yourself with the following www.nhs.uk/conditions/coronavirus-covid-19 and www.gov.uk/government/publications/covid-19-stay-at-home-guidance or www.gov.uk/coronavirus
No refunds can be give to the Guest where:
- Notice of Cancellation is given by the Guest but received by Landlord Direct either at their office or by email. less than 28 working days from the Arrival Date shown on the booking form.
- The Guest arrives later or departs earlier than the Arrival or Departure Date shown on the Booking Form.
Landlord Direct act as booking agent for the property owner, and act in good faith that the property is available and in a suitable condition for the occupation of the Guest.
Landlord Direct is not liable for any bookings made by another party on behalf of the property owner, and not liable for any acts or omissions of the property owner in using alternative booking services, or not advising Landlord Direct correctly that the property is not available for a particular time period.
In the unlikely event that the property is not available for a confirmed booking due to a maintenance issue, lost services, or an administration error caused by Landlord Direct or the property owner, then both Landlord Direct and the property owner reserve the right to offer the Guest an alternative serviced property of a similar standard , type and location and at a similar tariff, without any compensation payment due to the Guest. An offer of a suitable alternative serviced property whether through Landlord Direct or another serviced property provider will be deemed by the Guest as an acceptable execution of the booking responsibilities and obligations of Landlord Direct as booking agent.
11. Insurance
Landlord Direct are not responsible for the theft or damage of your personal belongings during your stay in any serviced property booked through Landlord Direct. The Guest is advised to take out appropriate insurances for their personal belongings.
The Guest should take out appropriate travel insurance if they wish to also cover accommodation cancellation and medical costs.
12. Website
Landlord Direct ensure that the content of our website is correct but it is subject to amendment at any time without notice. All content on our website is published in good faith but you acknowledge that we cannot check the accuracy of all information provided by our property owners for whom we act as booking agent. Given the above factors, we do not warrant that any of the content on our website accurately or completely describes any of the apartments.
13. Liability
Landlord Direct act as booking agent for our property owner clients, the property owner has the full liability to manage the serviced property they own and the property owner has authorised Landlord Direct only to advertise and undertake a booking service on their behalf. The property owner will provide a property manual and the property owner's contact details at the serviced property for your information. Landlord Direct shall not be liable to any party for any amounts in relation to any acts or omissions of the property owner.
Landlord Direct shall not be held liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
If you are booking for, as or on behalf of a business or business employee, that business shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your, or your business’s, breach or negligent performance or non-performance of these terms and conditions. If you are booking for, as, or on behalf of a business or business employee, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of your booking shall be limited to the fees paid to us under your booking.
14. Health and Safety
On arrival you should familiarize yourself with the layout of the property and any communal areas. Fire emergency action signage is usually shown on the back of the property's entrance door, this will detail the evacuation route for you to take in the event of a fire. Where Landlord Direct acts as booking agent for a property owner, Landlord Direct do not warrant that the property owner or block management manager or management company or whoever controls the property, along with any communal areas, fully comply with relevant fire safety or Health and Safety legislation.
15. Complaints Procedure
Landlord Direct take their customer service very seriously , and work hard to meet your complete satisfaction. If you have a complaint however or wish to offer some helpful feedback then please contact our office : by email mark@landlorddirect.com
or write to Landlord Direct, 21 Gordon Road, West Bridgford, NG2 5LL
16. Privacy Statement
You agree that your name and the names of other persons in your booking party , and their contact details can be notified to the owner of the property being booked. You are contracting with the owner of the property being booked, and you agree that the owner may contact you in connection with your stay, if this required.
We may use your contact details to let you know about future special low cost packages or events of interest occurring that might be of interest. If you do not want us to contact you please opt out by email mark@landlorddirect.com
17. Legal Jurisdiction
These conditions shall be governed by and in accordance with the laws of England & Wales.