Short Term Lets & Serviced Accommodation
CARDIFF
quays
MANAGEMENT
Guest Terms and Conditions of Stay
1.
INTERPRETATION OF
TERMS USED THROUGHOUT
a)
Cardiff Quays Management (CQM):
Apartments in the city of Cardiff and associated companies only providing
services to the Clients.
b)
Client: Any person, firm
or company entering into a contract for the provision of services by
CQM.
c)
Contract: A written or verbal Agreement between CQM for the purchase of any services (more specifically arranging short term
letting of property) incorporating these conditions.
d)
Any property that CQM has
agreed to let to a Client that forms part of the Contract.
e)
Services: All Contracted Services supplied to a Client by
CQM (including all, but not limited to, any additional services or part
thereof).
1.2
Under the terms of the CQM
Agreement, any statute or statutory provision. shall, unless the contents
otherwise require, be considered as
a reference to that regulation and may from time to time be amended,
consolidated, modified, extended, re-enacted or replaced.
1.3
Under the CQM Agreement, the
masculine term includes masculine, feminine, neutral, singular and/or plural as
the context admits or requires.
1.4
Under the CQM Agreement,
headings will not affect the construction of the conditions.
2.
application of terms
2.1
The following
conditions apply to all CQM sales and
any variation to these conditions and/or any representations about services
provided shall have no effect unless expressly agreed in writing and signed by a
Director of QCM. Nothing in Condition
2.1 will exclude or limit CQM’s
liability for fraudulent misrepresentation.
2.2
Subject to any variation under Condition 2.3, the
CQM Agreement will be based on these
conditions to the exclusion of all other terms and conditions, (including any
terms or conditions that the Client purports to apply under any purchase order,
confirmation of order, specification or other document).
2.3
Terms and
conditions endorsed, delivered with, or contained in, the Client’s purchase
order, specification or other document will not form part of the Contract simply
as a result of such document being referred to in the Contract.
2.4
All orders for
Services by the Client to
CQM shall be deemed to be an application by the Client to purchase Services from
CQM subject to these Conditions.
2.5
No order placed by the Client shall be deemed to be accepted by
CQM until a fully completed order
form has been received and a written acknowledgement of that order is issued by
CQM.
2.6
The Client must ensure that the terms of its order and any applicable
specification are completely and accurately recorded in that order.
CQM shall have no liability
whatsoever with regard to any inaccurate order received.
2.7.1
Any quotation is
given on the basis that no Contract will come into existence until
CQM dispatches an acknowledgment of
that order to the Client. All
quotations have a validity of 7 days only from the date of issue, provided that
CQM has not previously withdrawn it. All quotations are subject to
availability.
3.
DESCRIPTION OF SERVICES
3.1
The
description of Services shall be as set out in
CQM’s quotation.
3.2
All
drawings, descriptive matter, specifications and advertising issued by
CQM and any descriptions and
illustrations contained in CQM catalogues or brochures are issued or published for the sole purpose of
giving an approximate idea of the Services described in them. They will not form part of this
Contract.
4.
ACCOMMODATION AND OCCUPANCY
4.1
CQM accommodation sleeps
strictly no more than the maximum number of people stated per apartment ie two
per one bedroom apartment. The Client agrees that they will at all times treat
the property with respect (including, but not limited to) only sleeping on the
designated beds and not sleeping in any other part of the accommodation. Unauthorised occupancy in the
property, at any time, for any period, is deemed as a breach of Contract. Extra
occupancy by prior written agreement.
4.2.1
CQM endeavours, wherever possible, to fulfil guest’s requirements for
a specific property. This, however,
is not guaranteed.
CQM reserves the right to relocate
guests to comparable accommodation.
4.3
This Contract is between CQM
and the individual specified on the order form (the Client) unless it has been
specifically agreed to the contrary in writing by
CQM. The property may only be
occupied by the person(s) listed on the order form.
5.
ARRIVALS AND DEPARTURES
5.1
Guests may check in between 1400 and 2000 on the first day of their order
and are requested to vacate by 1100 on the final day.
5.2
A representative of CQM will
be present to check guests in and out of the property Monday – Sunday 0900 – 2000. Later check in by prior arrangement
with CQM.
6.
PERFORMANCE OF SERVICES
6.1
Performance of the services will take place at the most appropriate
premises as specified by CQM.
6.2
Unless otherwise agreed, any date specified by
CQM for its performance of the
services are intended to be an estimate, and
CQM will not be held accountable for
services not being provided exactly at the
stated times. If no
dates are so specified, performance will be within a reasonable time given the
circumstances surrounding the performance of the services.
6.3
Subject to the other provisions of these conditions,
CQM will not be liable for any direct, indirect or consequential loss (all three
of which terms include, without limitation, loss of profits, loss of business,
depletion of goodwill and like loss), costs, damages, charges or expenses caused
directly or indirectly by any delay in the performance of the services (even if
caused by CQM’s negligence or for any
reason whatsoever), nor will any delay entitle the Client to terminate or
rescind the Contract unless such delay exceeds 180 days.
6.4
If for any reason the Client will not accept performance of any of the
services when they are ready to be performed or
CQM, or any third party instructed by
CQM, is unable to perform the services on time because the Client has not
provided appropriate instructions, documents, licences or authorisations.
6.4.1
Risk in the services
will pass to the Client immediately (including the risk for loss or damage
caused by CQM’s negligence);
6.4.2
The services will be deemed to have been performed;
6.5
If CQM or any third party so
instructed by CQM, delivers to the
Client a quantity of services of up to 5% more or less than the quantity
accepted by CQM, the Client shall not
be entitled to object or reject the services or any of them by reason of the
surplus or shortfall and shall pay for such services at the pro rata Contract
rate.
7.
NON-PERFORMANCE OF SERVICES
7.1
The quantity and/or quality of any service as recorded by
CQM shall be conclusive evidence of the quantity and/or quality received by the
Client on performance unless the Client can provide conclusive evidence to the
contrary.
7.2
CQM shall not be liable for
any non-performance of services (even if caused by
CQM’s negligence) unless written notice is given to
CQM within 24 hours of the date when
the services would in the ordinary cause of events have been provided.
7.3
Any
liability on CQM for non-performance of the services shall be limited to performing the
services within a reasonable time or issuing a credit note at the pro rate
Contract rate against any invoice raised for such services.
8.
PRICES
8.1
Unless otherwise agreed in writing by
CQM, the price for the services shall
be the price set out in CQM’s price list published on the date of performance or deemed performance.
8.2
The price for the services shall be exclusive of any Value Added Tax and
all other reasonable costs or charges in relation to performing the services all
of which amounts the Client will pay in addition when he is due to pay for the
services provided.
9.
PAYMENT
9.1
All payments to be made under the Contract are to be made in GBP and no
other currency will be accepted.
9.2
Payment of the price for the services is all follows:-
a)
A non-refundable
deposit of 10% is payable at time of booking.
b)
The remaining
balance of the total price for letting the property is payable no later than 14
days prior to occupancy.
c)
If a booking is
received less than 14 days prior to occupancy, the total price (at the relevant
daily, weekly or monthly rate) is payable immediately at the time of booking and
any such payment is completely non-refundable.
d)
A bond or the
total price for the services may be required at the time of ordering. This is at
the sole discretion of CQM and the
amount of bond or price required will be agreed with the Client at the time of
ordering. CQM may refund the bond or
the price or part of it at their sole discretion.
e)
A bond may be
held in the form of credit card details, this will be at the sole discretion of
CQM.
f)
All event-related
bookings are subject to full payment for the property at the time of ordering.
g)
Cancellation
outside 14 days prior to arrival is subject to a 50% refund only.
9.3
Time for payment shall be as specified in the Contract unless other
arrangements have been specifically agreed with a Director of
CQM.
9.4
No payment shall be deemed to have been received until
CQM has received cleared funds.
9.5
All payments payable to CQM
under the Contract shall become due immediately upon termination of this
Contract despite any other provision.
9.6
The Client shall make all payments due under the Contract without any
deduction whether by way of set-off, counter claim, discount, abatement or
otherwise unless the Client has a valid court order requiring an amount equal to
such deduction to be paid by CQM to
the Client.
9.7
If the Client fails to pay CQM
any sum due pursuant to the Contract, the Client will be liable to pay interest
to the CQM on such sum from the due
date for payment at the annual rate of 4% above the base lending rate from time
to time of Barclays Bank PLC accruing on a daily basis until payment is made,
whether before or after any judgement.
CQM reserves the right to
claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 in
addition to the above interest rates.
10.
PAYMENT METHOD
10.1
CQM is pleased to accept the
following methods of payment:-
Cash:
By prior arrangement.
Traveller’s Cheque:
£ Pounds Stirling provided that only unsigned Traveller’s cheques will be
accepted together with a valid passport.
Any signed Traveller’s cheques must have been signed in the presence of,
and witnessed by, a CQM
representative.
Bank Transfer:
£ Pounds Stirling. Bank details are available on request. Funds must reach the
CQM account net of all bank charges.
The Client must quote their surname and date of arrival on Transfer. A copy of the Transfer must also be
sent.
Banker’s Draft:
£ Pounds Stirling: Payable to:
Cardiff Quays Management
Company Cheque:
£ Pounds Stirling: Payable to:
Cardiff Quays Management
Personal Cheque:
£ Pounds Stirling: Payable to:
Cardiff Quays Management*
(*Only accepted up to the amount shown on the guarantee card.)
11.
LIMITATION OF LIABILITY
11.1
The following provisions set out the entire financial liability of
CQM (including any liability for the
acts or omissions of its employees, agents and/sub-contractors) to the Client in
respect of:
a) Any breach of
these Conditions, and
b)
Any representation, statement or tortuous act or omission, including
negligence arising under or in connection with the Contract.
11.2
All warrantees, conditions and other terms implied by state or common law
are, to the fullest extent permitted by law, excluded from the Contract.
11.3
Nothing in these Conditions excludes or limits the liability of
CQM for death or personal injury caused by
CQM’s negligence or fraudulent misrepresentation.
11.4
Subject to Conditions 11.2 and 11.3:
a)
CQM’s 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 this Contract
shall be limited to the Contract price: and
b)
CQM shall not be liable to the Client for indirect or consequential loss
or damage (whether for loss of profits, loss of business, depletion of goodwill
or otherwise), costs, expenses or other claims for consequential compensation
however caused, which arise out of, or in connection with, this Contract.
12
CANCELLATION
12.1
Should the Client wish to cancel an order, a minimum of 14 days’ notice
in writing is required. The deposit
of fifty pounds (£50) is non-refundable.
No refunds will be made for non-arrivals subject to Condition 9.2 (f).
13
INSURANCE
13.1
CQM highly recommends all
Clients to purchase adequate travel insurance.
Should the Client need to cancel their order, they may be able to reclaim
the cancellation charges through the insurer.
13.2
All damage to any property is the liability and responsibility of the
Client. The Client must pay in full
and make good any damage to the property.
All damage may be taken out of the bond where applicable, or charged to
the credit/debit card, as detailed in the ordering form or under Condition 9.2
(e).
14.
CHANGES TO ORDERS
14.1
Should the Client wish to change their booking,
CQM will employ all reasonable
efforts to comply with that request.
However, CQM is not under any
obligation to do this and the Client will be obliged to pay for any additional
expenses incurred as a result of the change.
In addition, CQM may charge, as their sole discretion, an amendment fee of fifty pounds (£50)
to cover the necessary administrative costs incurred.
CQM cannot guarantee the availability
of a specific property for extended stays.
15.
ASSIGNMENT
15.1
The Client shall not be entitled to assign the Contract, or any part
thereof, without the prior written consent of
CQM.
15.2
CQM may assign the Contract,
of any part of it, to any person, firm or company.
16.
FORCE MAJEURE
16.1
CQM reserves the right to
defer the date of performance or to cancel the Contract, or reduce the volume of
services ordered by the Client (without liability to the Client) if it is
prevented from, or delayed in carrying out its business due to circumstances the
reasonable control of CQM, including;
without limitation, Acts of God, governmental actions, war or national
emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion,
flood, epidemic, lock-outs, strikes or other labour disputes (whether or not
relating to either party’s workforce), or restraints or delays affecting the
services. Provided that, if in the
event in question, persists for a period in excess of 180 days continuously. The Client shall be entitled to give
notice in writing to CQM to terminate
the Contract.
17.
GENERAL
17.1
Each right or remedy of CQM
under this Contract is without prejudice to any other right or remedy of
CQM whether under the Contract or
not.
17.2
If any provision
of this Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall be to the extent of such illegality,
invalidity, voidness, void ability, unenforceability or unreasonableness be
deemed severable and the remaining provisions of the Contract and the remainder
of such provision shall continue in full force and effect.
17.3
Failure or delay by CQM in
enforcing or partially enforcing, any provision of the Contract, will not be
construed as a waiver of any of its wrights under this Contract.
17.4
Any waiver by CQM for any
breach of, or any default under, any provision of the Contract by the Client
will not be deemed a waiver of any subsequent breach or default and will in no
way affect the other terms of the Contract.
17.5
The parties of this Contract do not intend that any term of this Contract
will be enforceable by virtue of the Contracts (Rights of Third Parties) Act
1999 by any person that is not a party to it.
17.6
Unless otherwise agreed in writing by
CQM, no smoking or pets of any kind
are allowed in the property.
17.7
The formation, existence, construction, performance, validity and all
aspects of the Contract shall be governed by the laws of England and Wales and
the parties submit to the exclusive jurisdiction of the English and Welsh
courts.
17.8
The property may be located within residential areas and so Clients must
not behave antisocially at any time and particularly between the hours of 2300
and 1000.
17.9
CQM cannot be held responsible
for any failure or interruption of services to the property or facilities,
including electricity and water or any damage, disruption or noise caused as a
result of repair works being carried out in another part of the accommodation or
nearby property.
17.10
CQM will provide a general service
clean of the accommodation, including fresh linen and towels, on a weekly basis. The service clean will commence on
the designated day from 0900.
Should the guest, for any reason, turns the cleaners away then cleaning will not
be rescheduled until the following week.
17.11
One full set of keys will be allocated on arrival. Some properties have an electronic
entry to the car park and building and thus the set of keys issued will also
include an electronic key fob. All keys to be returned in full or charges will
apply.
nb: CONDITION 11.4