Clarendon’s Terms and Conditions of Business-old
These terms and conditions of business (“Conditions”) form a binding contract (“the Contract”) between us, Clarendon Serviced Apartments and you, the person making the booking for guests (“Guests”) who will stay in Clarendon’s serviced apartment(s) (the “Property”).
“Agreed Purposes”: the performance by each party of its obligations under the Contract.
“Controller”, “data controller”, “processor”, “data processor”, “data subject”, “personal data”, “processing” and “appropriate technical and organisational measures”: as set out in the Data Protection Legislation in force at the time.
‘Data Protection Legislation’: means the Data Protection Act 2018 and, for so long as it is effective in the UK, the General Data Protection Regulation ((EU) 2016/679) (GDPR).
‘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.
‘Shared Personal Data’: the personal data to be shared between the parties under clause 14.1 of these terms and conditions which shall be confined to the following:
- the names and contact details of the Guests;
- the names of your employees and their work email addresses and telephone numbers (including mobile);
- the names of our employees and their email addresses and telephone numbers (including mobile);
- the names of third parties engaged to perform obligations in connection with the Contract and their email addresses and telephone numbers (including mobile).
1.1 . Clarendon Serviced Apartments is a trading style of Shadowgrade Developments Limited, a limited liability company registered in England and Wales with company registration number 2223106 and whose registered office is at Wraysbury Hall, Ferry Lane, Hythe End, Staines, Middlesex, TW19 6HG.
1.3 These Conditions are governed by the laws of England and any disputes arising under these Conditions shall be submitted to the exclusive jurisdiction of the courts of England.
2.1. Your booking will not be confirmed by us until we have received payment in full for your reservation, or agreed alternative payment terms with you.
2.2. These Conditions will be emailed to you at the time we confirm your reservation, and are deemed by us as having been accepted by you at time of payment and, with the booking form and the obligations set out in the Apartment Information Folder, constitutes the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the booking for or these conditions.
2.3. As the booker, it is your responsibility to ensure that all Guests are given a copy of these Conditions and that they 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.
3.1. Prices are set out in the booking procedure and are quoted in pounds sterling and are subject to change. Once a booking has been confirmed we will not increase the prices unless you alter the booking.
3.2. 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.
3.3. Payment is to be made in pounds sterling only.
3.4. Full payment is due at the time of booking.
3.5. Payment can be made by valid debit or credit card or by direct transfer to our bank account: Shadowgrade Developments Limited trading as Clarendon Serviced Apartments account with Nat West Bank account number 88793273 and sort code 60-17-21. Swift code NWBK GB2L; IBAN Code: GB49 NWBK 6017 2188 7932 73.
3.6. Invoices confirming the booking will be dispatched as part of the booking procedure.
3.7. Should your account be overdue for payment we reserve the right to charge interest at 4% per annum above the Bank of England base rate from the due date for payment.
4.1. A cancellation charge will not apply and a full refund will be given where the appropriate notice, as set out below, of the cancelled booking has been received and acknowledged by us by email.
4.2. Should you wish to cancel or significantly alter a booking for accommodation, you will need to provide the below amount of notice, prior to your booked arrival date:
4.2.1. Stay of 7-30 nights=7 days’ notice required;
4.2.2. Stay of 31 nights or more=14 days’ notice required.
4.3 Should you fail to provide the appropriate notice, the cancellation charge that will be applied is inversely proportional to the amount of notice given. Examples listed below:
4.3.1 Stay of 7-30 nights = 7 days’ notice = no charge, 6 days’ notice = 1 night charge, 5 days’ notice = 2 night charge, and so on;
4.3.2 Stay of 31 nights or more = 14 days’ notice = no charge, 13 days’ notice = 1 night charge, 12 days’ notice = 2 night charge, and so on.
4.4 Where a Guest wishes to depart before the booked departure date, the cancellation fee and notice periods stated above will apply. All notice periods are calculated from the revised departure date.
4.5 Where a Guest wishes to extend the period of stay in the Property, notice by email should be given to us as soon as possible.
4.6 We cannot guarantee any extension, which is subject to availability of the Property. An alternative apartment may be offered if the Property has been booked for all or part of the required extension period.
4.7 We reserve the right to charge a different price for the Property for any period of extension. Payment for the extension period will be required immediately that we confirm the availability of the Property or alternative apartment(s) to the Guest or to you.
4.8 These Conditions apply to any extension of the booking in the same way that they apply to the original booking.
4.9 Failure to check in on the date of arrival and/or any cancellations of bookings (or part bookings) owing to disruption to or cancellation of your travel arrangements, whether caused by an act of God, industrial action, or other circumstances not being the fault of Clarendon will not reduce or cancel your liability for the full cost of the booking, and if applicable, cancellation charges will apply in accordance with this paragraph 4. You are therefore advised to take out adequate insurance to cover your losses in such situations.
5.1. Check in is from 15:00 on the date of arrival.
5.2. Check out is before 10:00 on the date of departure.
5.3. Check-in instructions are sent together with your booking confirmation.
5.4. The Apartment Information Folder within the Property will confirm the procedure for check out which shall include the return of any fobs, keys or passes issued to the Guests.
5.5. Failure to check out on time may result in extra charges commensurate with the level of interruption caused.
6.1 The Property is not for use as the principal or additional home or residence of the Guests. The Property is only to be used either as temporary accommodation, holiday accommodation, or as accommodation in connection with the business needs of you, your organisation and/or the Guests, as appropriate. No persons other than the Guests have the right to use the Property.
6.2 These Conditions amount to a contractual agreement for the use of the Property either as temporary or holiday accommodation ancillary to the requirements of your/the Guests’ business and do not create a tenancy of the Property (periodic or otherwise). No relationship of landlord and tenant is created between us and the Guests.
6.3 These Conditions constitute an excluded agreement under section (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).
7.1 We cannot guarantee the exact apartment number(s) prior to arrival but will accommodate the Guests in apartment(s) of an equivalent standard and nearby location as the booking. No refund will be payable in such circumstances.
7.2 The Property is only to be used by the maximum number of Guests suitable for the Property, as advertised by us. All Guest names should be submitted at the time of booking. Any variation 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.
8.1 The price for the use of the Property includes:
8.1.1 the supply of water, electricity, gas, sewerage, (as applicable);
8.1.2 payments in respect of Council Tax;
8.1.3 television licence fee;
8.1.4 telephone line rental;
8.1.5 one broadband internet connection;
8.1.6 weekly housekeeping service (including general cleaning, changing of linen and towels, making of beds, removal of rubbish); weekly housekeeping service will only take place on stays of 7 nights or more;
8.1.7 routine maintenance, e.g. light bulb changes.
8.1.8 The price for the Property does not include:;
8.1.9 telephone call charges; or
8.1.10 the provision of food or beverages.
8.2 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 caused as a result of repair works being carried out in another part of the building.
9.1 Guests do not have exclusive access to the Property and we, our staff and contractors have the right of access to the Property at all reasonable times (and at all times, in the case of an emergency) without notice to the Guests.
9.2 Weekly housekeeping visits to the Property will occur without notice in the time slot detailed in the Apartment Information Folder at the Property.
9.3 We will issue one set of all necessary keys, fobs and car park access passes (if applicable) for each Property, unless otherwise requested in advance (in which case a £50 deposit may be taken for each additional set of keys supplied). We will retain a full set of keys for access to the Property.
10.1 You shall procure that the Guests will comply with these Conditions and the regulations for use of the Property set out in the Apartment Information Folder, located in the Property. If any Guest breaches any of these Conditions or the regulations we reserve the right to request the Guest to vacate the Property immediately, without refund.
10.2 Smoking is not permitted in any Property.
10.3 Pets must not be kept at or allowed to visit the Property.
10.4 You shall procure that the Guests are responsible for the safety of their own belongings and the behaviour of their children whilst at the Property.
10.5 You shall procure that the Guests will use the Property responsibly and with respect for other guests staying in nearby apartments.
10.6 You shall procure that the Guests will keep the Property, and its furniture, fittings and effects in the same condition as on the date of arrival, wear and tear allowing, and must leave the Property in the same state of cleanliness and general order as it was on arrival, in order to avoid incurring any Additional Charges.
10.7 You shall procure that the Guests will notify us of all damage, lost or broken items, or matters requiring maintenance, in the manner set out in the Apartment Information Folder.
10.8 You shall procure that the Guests’ belongings are removed from the Property on the date of departure. All lost property will be kept by us for a maximum of one month from the date of discovery, and thereafter may be discarded.
10.9 Regular servicing and cleaning of the Property is essential in order to maintain our high standards and minimise health and safety risks and fire hazards to Guests and our staff. Accordingly the Property must be kept free of unnecessary clutter and excess personal belongings, in order that the regular cleaning and servicing of the Property by our staff is not hindered in any way. Sufficient cupboard and wardrobe space is available at the Property for the storage of personal items during your stay.
10.10 We reserve the right to terminate Guests’ stay prior to their scheduled departure date should the weekly cleaning and maintenance of the Property not be possible owing to excess clutter or disarray caused by Guests’ belongings.
10.11 Where Guests are staying at the Property for more than 30 days Clarendon may carry out a full and detailed condition inspection after the first 30 days and thereafter upon notice. Guests will be notified in writing in advance of each inspection of the Property.
10.12 You shall and shall procure that the Guests shall co-operate with us in all matters relating to the Property.
11.1 We are not responsible for loss or damage to Guests’ own computers or contents whilst in the Property or whilst connected to the broadband connection at the Property.
11.2 Guests must not use the broadband connection at the Property for illegal or immoral purposes. Guests responsible for use of the broadband connection for such purposes shall be liable for any and all loss or damage reasonably suffered by us as a result of any claim brought against us in connection with such use or otherwise.
11.3 Guests are responsible for the cost of telephone calls at the Property and must contact the telephone provider direct, in accordance with the instructions in the Apartment Information Folder, to use the telephones for outgoing calls.
11.4 We do not take any responsibility for guest mail delivered to a Property (see clause 6.1). It is the guest’s direct responsibility to ensure that they make adequate provision for the secure receipt of personal mail during and immediately after their stay.
12.1 We reserve the right to charge for damage caused by the Guest at the Property including but not limited to breakages, loss or damage to the Property or any of its contents, cleaning/specialist treatment charges where more than routine cleaning is needed, or when smoking has occurred in the Property, replacement of lost keys, electronic fobs or car park passes, attending to a Guest lock-out where the fault lies with the Guest or where we’ve incurred financial loss because the Property cannot be immediately available for the next guest stay due to damage or interruption caused by the Guest.
12.2 You will be provided with a written statement of any Additional Charges so incurred together with our invoice. Where the level of the Additional Charges is not stated in these Conditions, we will charge you the actual cost of the cleaning, replacement, repair, services or loss (as appropriate together with an administration charge of 10%).
12.3 Payment for any such Additional Charges is due against our presentation of invoice.
13.1 If the performance of any of our obligations under the Contract is prevented or delayed by your act or omission or failure by you to perform any relevant obligation (Customer Default), we shall not be liable for any costs or losses sustained or incurred by you arising from our failure to perform any of our obligations and you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising from the Customer Default.
13.2 You shall pay all amounts due under the 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 to you.
13.3 Nothing in these Conditions shall limit or exclude the our liability for (a) death or personal injury caused by our negligence or (b) fraud or fraudulent misrepresentation, but subject to this, we shall under no circumstances whatsoever be liable to you, 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 to the you in respect of all other losses arising under or in connection with the Property, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed Price paid under the Contract.
14.1 Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as data controllers. Each party acknowledges that one party (the Data Discloser) may from time to time in connection with the Contract disclose to the other party (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
14.2 Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 20 days of written notice from the other party, notwithstanding clause 4, give grounds to the other party to terminate the Contract with immediate effect.
14.3 Particular obligations relating to data sharing. Each party shall:
14.3.1 ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the other and to the Permitted Recipients for the Agreed Purposes;
14.3.3 process the Shared Personal Data only for the Agreed Purposes;
14.3.4 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients and ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by the Contract;
14.3.5 ensure that it has in place appropriate technical and organisational measures, reasonable details of which shall be provided to the other on reasonable request, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
14.3.6 not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
18.104.22.168 complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller);
22.214.171.124 ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
14.4 Mutual assistance. Each party shall:
14.4.1 upon reasonable request, at the cost of the other party, provide the other party with reasonable assistance in complying with any data subject access request;
14.4.2 notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation concerning Shared Personal Data shared by the other;
14.4.3 at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data or required for a legitimate interest such as, for example, a requirement by an insurer or for the purpose of bringing legal action;
14.4.4 maintain complete and accurate records and information to demonstrate its compliance with this clause 14; and
14.4.5 provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation.
14.5 Indemnity. Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier reasonable notice of such claim, reasonable details of the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it. The liability of the indemnifying party under this clause shall be subject to the limits set out in clause 13.
14.6 Please address any questions, comments and requests regarding our data processing practices to firstname.lastname@example.org
15.1 Paragraph headings do not affect the interpretation of these Conditions.
15.2 These Conditions apply to all bookings, even those made on non-Clarendon booking forms, and over-ride all other terms and conditions on such booking forms.
15.3 We are not liable for loss or damage to Guests’ belongings, however caused. Guests should ensure that that their own insurance policy covers these items during their stay at the Property.
15.4 These Conditions apply in full to the extent that they are not expressly varied by us in writing and such variation is notified to you.
15.5 The provision of accommodation by us under these conditions is subject to any unexpected and uncontrollable events including industrial disputes for which we shall not be liable.
15.6 A person who is not a party to the Contract shall not have any rights to enforce its terms.
Clarendon Serviced Apartments. Terms and Conditions of Business, May 2018.