PLEASE NOTE: We do not give business customers all of the same rights as consumers. Where a term applies just to businesses or just to consumers, this is clearly stated within the Conditions below. You are a business customer if you are buying Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual
1. INTERPRETATION
1.1 Capitalised words within the Conditions shall have the following meaning:
Accommodation:
temporary accommodation in serviced apartments offered for reservation to the Customer by the Supplier subject to these Conditions.
Additional Charges:
has the meaning given to it in clause 3.6.
Booking Agreement/Confirmation:
an agreement subject to these Conditions between the Customer and the Supplier in writing for the provision of the Accommodation specified in the Booking Details.
Booking Details:
a statement of certain information relating to a reservation of Accommodation to which these Conditions apply (whether annexed to these Conditions or otherwise), which includes details such as: description and location of Accommodation; the length of stay; nightly rate or rates for the period of stay; earliest Check-In time, latest Check-Out time; Cancellation Notice Period and Guest Details.
Business Day:
a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Cancellation Notice Period:
the period of notice required to be given in writing by the Customer to the Supplier in advance of any change to a Booking Agreement.
Check-In:
Guest arrival at Accommodation on the date of the first night of residency at that Accommodation in accordance with a Booking Agreement.
Check-Out:
Guest departure from the Accommodation.
Conditions:
the terms and conditions set out in this document.
Commencement Date:
the date on which a Booking Agreement comes into existence being the date the Customer accepts the terms of the Booking Agreement.
Customer or you or your: the person or entity purchasing the Services from the Supplier pursuant to a Booking Agreement.
Customer Payment Methods:
a payment method, whether a credit or debit card or other payment method authorised by the Customer and approved by the Supplier for the making of payments to the Supplier on behalf of the Customer.
Early Departure:
where a Guest vacates the Accommodation prior to the agreed departure date detailed within the Booking Agreement.
Force Majeure Event:
an act, event, omission or accident beyond the reasonable control of the Supplier which was not reasonably foreseeable, including strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, volcanic ash, earthquake, explosion, terrorist act, epidemic, pandemic or other spread of infectious disease including, for the avoidance of doubt, Coronavirus and any shortages of labour or materials arising as a result therefore or of associated regulations or the imposition of any measures to prevent the spread of disease, nuclear, chemical or biological contamination, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
Group Booking:
a Booking Agreement for 5 apartments or more (whether within one Accomodation building or otherwise).
Guest:
the Customer, or a nominee of the Customer staying at Accommodation (as applicable).
Guest Details:
the Guest’s name, address, email address and telephone number.
Guest Information Pack:
information provided to the Guest at the Accommodation including the Inventory and contact details for the Supplier’s Representative.
Inventory:
an inventory listing all items provided at a serviced apartment offered as Accommodation.
Invoice Date:
the date on which an invoice for a Booking Agreement shall be raised as specified in the Booking Details and or the Statement of Work.
Key / Keys
the key, electronic fob, key card or remote access granted through an app used to access the Accommodation.
Lead Guest:
the Guest who is primarily responsible for the Booking Agreement.
Payment Dates:
the dates on which payment of invoices raised pursuant to Booking Agreements shall fall due as specified in the Booking Details and or the Statement of Work.
Services:
the provision of temporary accommodation in serviced apartments or other accommodation owned and managed by the Supplier or a Third-Party Supplier.
Statement of Work:
a statement of particular terms which the Customer and the Supplier agree in writing shall apply to Booking Agreements agreed pursuant to these Conditions as varied by agreement between the Customer and Supplier in writing from time to time.
Supplier or our or us or we: Q Apartments (UK) Limited, a company incorporated and registered in England and Wales with company number 13192893 whose registered office is at101 New Cavendish Street, 1st Floor South, London, England, W1W 6XH.
Supplier’s Bank Account:
the bank account nominated by the Supplier to the Customer from time to time for payments to be made pursuant to Booking Agreements.
Supplier’s Representative:
the representative of the Supplier at the Accommodation.
Third Party Provider:
booking agents (or similar) through which a booking for the Accomodation can be made (via such Third Party Provider’s website or otherwise).
Third Party Terms:
terms and conditions and cancellation policies applicable to any booking made via a Third Party Provider.
Website:
any website operated by the Supplier providing online access to information relating to the Accommodation.
1.2 In these Conditions:
2. RESERVATIONS
2.1 A Booking Agreement constitutes the entire agreement between the parties in relation to the reservation concerned. The Customer acknowledges that it has not relied on any statement, assurance, promise or representation made or given by or on behalf of the Supplier which is not set out in the Booking Agreement.
2.2 Any descriptions or illustration of the Accommodation issued by the Supplier, and any description or illustration contained on or in the Website, catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the nature of the Accommodation and shall not form part of the Booking Agreement or have any contractual force.
2.3 These Conditions apply to Booking Agreements to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 Bookings made with a Third Party Provider will be subject to Third Party Terms (including cancellation policies in relation to the booking). The Customer must read any such Third Party Terms before booking, as issues will need to deal with directly between the Customer and the Third Party Provider, including where the Customer wishes to cancel or make a change to your booking. The Supplier are not responsible and shall have no liability under such Third Party Terms.
3. PAYMENT TERMS
3.1 The Supplier will raise an invoice for a Booking Agreement on the Invoice Date.
3.2 Payment pursuant to a Booking Agreement shall be made by the Customer on the Payment Dates in GBP (£) only.
3.3 The following are approved Customer Payment Methods for Booking Agreements:
3.4 Where payment is made by bank transfer:
In the event payment has not been received in the circumstances set out in this clause 3,4, payment must be made by the Guest before access to the Accommodation will be granted.
3.5 Notwithstanding our rights and remedies under clause 11 below, if we are unable to collect any payment owed to us on or before the relevant Payment Date, we may charge interest on the overdue amount at the rate of 4% above the base rate of the Bank of England from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
3.6 The Supplier will require a credit or debit card at the time of Check-In which will be charged for all additional charges incurred by any Guest as set out below:
("Additional Charges").
3.7 A security deposit/pre-authorisation of GBP 500 may also be required from the Guest upon arrival in respect of such Additional Charges.
3.8 In case of any Additional Charges being payable, the Supplier will provide prior notice and a written statement will be sent to you at the time the debit or credit card is charged for the sum of the Additional Charges.
3.9 Where the level of Additional Charges is not stated in these Conditions, we will charge the actual cost of the cleaning, replacement, repair, services or loss (as appropriate) to you, together with any administration costs.
4. ACCOMMODATIONS
4.1 Accommodation sourced by the Supplier shall be provided directly by the Supplier.
4.2 The Supplier shall ensure that the Accommodation is available at Check-In and for the term of the Booking Agreement and is in good order at Check-In.
4.3 Booking Agreements are made for Accommodation at a specific location, however the Supplier gives no representation or warranty as to the availability of any specific apartment at such location.
4.4 Access to the Accommodation is not exclusive to the Guests during the term of a Booking Agreement. The Supplier will retain Keys to the Accommodation and authorised staff of the Supplier shall have access to the Accommodation and provide notice to the Guests at all reasonable times and at any time in the case of an emergency before accessing the Accommodation during the period of the Booking Agreement.
4.6 Although the Accommodation is confirmed in advance, the exact apartment number cannot be guaranteed and the Supplier reserves the right to allocate an alternative apartment to the Guest (notwithstanding if an apartment number has been specified in the Booking Agreement). No refund will be payable in the event that an alternative apartment is allocated, provided that the Supplier has used reasonable endeavours to allocate an alternative of equivalent standard and specification. The Supplier may agree to issue a refund in the event that the Guest does not accept the alternative apartment (at all times acting reasonably).
4.7 In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Agreement for any reason, the Supplier will use reasonable endeavours to arrange for suitable alternative accommodation during the period of occupancy. If the Supplier is unable to find suitable alternative accommodation during this period, it has the right to cancel the remaining period of the Booking Agreement and will credit the Customer with a full refund of any pre-paid fees for that portion of the Booking Agreement. Such credit shall be the Customer’s sole and exclusive remedy in respect of any such unavailability of the Accommodation.
4.8 The number of people permitted to occupy the Accommodation is limited:
In some apartments extra beds may be provided and this will be at an additional charge to be agreed at the time of the booking. All Guest names should be submitted at the time of the booking.
4.9 The Accommodation is not for use as the principal home or residence of the Guests and is for use as temporary accommodation, or as accommodation in connection with the business needs of you, your organisation and/or the Guests only. The Guests only have the right to use the Accommodation pursuant to these Conditions and no relationship of landlord and tenant is created between the parties.
4.10 The Lead Guest must be at least 18 years old. All Guests under the age of 18 must be accompanied by an adult.
4.11 The Supplier has a strict no party, no gathering policy. The Accommodation is regularly patrolled. Should there be evidence of a party or gathering, the Supplier reserves the right to inform security or the police (as deemed necessary) and the relevant apartment within the Accommodation will be vacated. The Supplier also reserves the right to prosecute all offenders under the Anti-Social Behaviour, Crime and Policing Act 2014.
4.12 Guests may be asked to allow viewings to take place for the landlords and its agents and surveyors, provided that reasonable prior notice shall be provided.
5. CHECK-IN AND CHECK-OUT
5.1 The Guest must contact the Supplier at least 48 hours prior to Check-In to confirm arrival time and Check-In procedure.
5.2 Accommodation is available for Check-In at the time specified in the Booking Details. A set of Keys to the Accommodation will be provided at Check-In. Access to car parking or other facilities will also be provided if this has been agreed prior to Check-In.
5.3 Customers are required to provide valid credit or debit card details to the Supplier’s Representative at Check-In to cover any Additional Charges or items missing from the Inventory that may be incurred by the Guest during the term of the Booking Agreement.
5.4 Guests are required to Check-Out by the time specified in the Booking Details on the scheduled date for Check-Out in accordance with the relevant Booking Agreement or any agreed extension to that Booking Agreement. Additional procedure for Check-Out will be set out in the Guest Information Pack.
5.5 The Supplier may require the Guest to pay the Additional Charges or for any items missing from the Inventory not reported in accordance with clause 5.4 and the Customer consents to such payment being collected from the credit or debit card the details of which are taken by the Supplier’s Representative in accordance with clause 5.3.
6. CANCELLATIONS AND BOOKING AMENDMENTS
6.1 Cancellation or changes to your booking should be emailed to: reservations@aeriaapartments.com or communicated by telephone +44 (0) 203 404 404 0. Changes are only confirmed once you receive a cancellation reference number by email.
6.2 You are entitled to request a cancellation and will incur no charges if you have booked a “Flexible Rate” and are within the below parameters:
6.3 If you fail to arrive or fail to notify us of any changes to your arrival date, we will treat this as a “no show” and the full amount will be charged as a non-refundable booking. If you cancel or amend your booking within the above notice periods, you will be charged for any nights that fall outside of the 72hrs, 7, 14 or 28 nights.
6.4 For Group Bookings, 28 days’ notice is required for cancellations and amendments, unless otherwise agreed by the Supplier in writing.
6.5 Please note that the cancellation terms above do not apply if you have booked a “Non-Refundable” rate. Any such Booking Agreement cannot be cancelled, amended, or transferred.
6.6 Rates may be subject to a minimum stay period (as set out in the Booking Agreement) as follows:
6.8 If the Guest wishes to extend the period of stay in the Accommodation, written notice should be given to the Supplier as soon as possible.
6.9 Any extension to a stay will be based on availability at the Accommodation at the time of request. An alternative apartment may be offered if the Accommodation has been booked for another customer for all or part of the requested period of extension.
6.10 We reserve the right to charge a different price for the Accommodation for any period of extension. Payment for the extension period will be required immediately once we confirm the availability of the Accommodation or alternative apartment(s) to the Guest, unless credit/payment terms have been previously agreed in writing by us.
6.11 We reserve the right to charge a different price for the entire booking should any alteration to the length of stay change at any time for any reason. We will inform you of the change in price in these circumstances.
7. GUEST RESPONSIBILITIES
7.1 Guests must comply with any rules and regulations relating to the Accommodation set out in the Information Pack and/or the “Welcome tablet” provided at the Accommodation. If any Guest breaches any of these Conditions or the regulations, we reserve the right to request the Guest to vacate the Accommodation immediately, and without refund.
7.2 Guests are not permitted to smoke in any Accommodation. If the Guest is found to be smoking and/or vaping in the apartment or building, we will charge a cleaning fee of £300 (which may be subject to additional fees to reflect the costs reasonably and properly incurred by the Supplier including in relation to lost revenue or compensation payments made to other customers as a result of the Accommodation not being available for other bookings).
7.3 Under no circumstances are pets of any sort permitted in our apartments or buildings unless expressly stated on the Booking Confirmation (for example, exceptions may be made for service dogs).
7.4 Subject to clause 10 below, we do not accept any responsibility for any loss or damage to Guest's personal belongings at any time. Our insurance policy does not cover any personal belongings of the Guest or any other occupiers of the Accommodation. The Guest is advised to take out appropriate insurance policies to cover the occupation of the Accommodation, including loss or damage to personal belongings. The Supplier, the landlord of the Accommodation and/or its agents will not be responsible for any loss or damage howsoever caused.
7.5 Guests are responsible for the behaviour of their children whilst at the Accommodation.
7.6 Guests must keep the Accommodation, and its furniture, fittings and effects in the same condition as on the date of their arrival and must leave the Accommodation in the same cleanliness and general order as it was upon their arrival to avoid incurring any Additional Charges.
7.7 Guests must notify us of all damages, lost or broken items, or any such matters requiring maintenance in the manner shown in the Information Pack.
7.8 Guests' possessions must be removed from the Accommodation on the date of departure. We will keep all lost property for a maximum of two months from the date of discovery; at any time thereafter, it will be discarded.
7.9 Guests must not exceed the maximum capacity for the number of guests in one apartment (as specified in clause 4.8 above). The number of guests permitted will be stated on the Booking Confirmation. Should additional guests be found to be staying in the Accommodation, Additional Charges shall be payable.
7.10 Subletting of the Accommodation by a Guest is strictly prohibited.
8. PERSONAL DATA AND CUSTOMER DATA PROTECTION
Our Privacy Policy applies in relation to personal data, which can be found here: https://www.qapartments.com/privacy-policy.html
9. CONFIDENTIALITY
A party (“Receiving Party”) shall keep in strict confidence all information or data of a confidential nature disclosed to the Receiving Party by the other party (“Disclosing Party”), its employees, officers, representatives, contractors, agents, advisers or subcontractors (“Representatives”), and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under these Conditions and shall ensure that such Representatives are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 9 shall survive termination of a Booking Agreement.
10. LIABILITY
10.1 Nothing in these Conditions shall limit or exclude the Supplier's liability for:
10.2 OUR LIABILITY TO CONSUMERS
We are responsible for losses you suffer which is directly caused by us breaking a Booking Agreement, unless the loss is:
10.3 OUR LIABILITY TO BUSINESSES CUSTOMERS
If you're a business, then, except in respect of the losses described in clause 10.1 above:
10.4 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any Booking Agreement concluded pursuant to these Conditions.
10.5 This clause 10 shall survive termination of the any Booking Agreement.
11. TERMINATION OR SUSPENSION OF THE SERVICES
11.1 OUR RIGHT TO TERMINATE OR SUSPEND FOR CONSUMER CUSTOMERS
We can terminate or suspend our provision of the Services if:
11.2 RIGHTS TO TERMINATE OR SUSPEND SERVICES FOR BUSINESSES CUSTOMERS
Without limiting its other rights or remedies, each party may terminate a Booking Agreement with immediate effect by giving written notice to the other party if:
11.3 Without limiting its other rights or remedies, the Supplier may terminate a Booking Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Booking Agreement on the due date for payment.
11.4 Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under a Booking Agreement or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 11.2 above, or the Supplier reasonably believes that the Customer is about to become subject to any of them.
12. CONSEQUENCES OF TERMINATION
On termination of a Booking Agreement for any reason:
13.OTHER IMPORTANT TERMS APPLY TO OUR BOOKING AGREEMENT
13.1 If the supply of Services is delayed or prevented as a result of a Force Majeure Event, we will contact you as soon as possible to let you know and do what we can to reduce the delay to the extent reasonably possible. We will not be required to compensate you for the delay or failure to provide Services, but if the delay or failure is likely to be substantial you can contact our customer service team to discuss ending the Booking Agreement. If agreed, you will receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred.
13.2 We can transfer our Booking Agreement with you, so that a different organisation is responsible for supplying your Services. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Booking Agreement.
13.3 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under a Booking Agreement.
13.4 Any notice or other communication required to be given to a party under or in connection with these Conditions shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of residence, or sent by email to such address provided on the Booking Agreement.
Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by email, at 9am on the next Business Day after transmission.
This clause shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall include e-mails.
13.4 We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we can't do it later.
13.5 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
13.6 Nobody else has any rights under this Booking Agreement. This Booking Agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
13.7 We can always change a Service to reflect changes in relevant laws and regulatory requirements.
13.8 GOVERNING LAW FOR CONSUMER CUSTOMERS. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
13.9 GOVERNING LAW FOR BUSINESS CUSTOMERS. These Conditions, any Booking Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
14. FEEDBACK AND OUR COMPLAINTS POLICY
The Supplier welcomes feedback from its Guests. In the event that you are not entirely satisfied with the Services please notify the Guest Service Manager (as stated on the Booking Agreement) in the first instance. If the problem cannot be resolved during your stay you should contact us in writing (email or by post) to the addresses on the Booking Agreement or on our website. We aim to send a written acknowledgement of any complaint within 24 hours of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
15. ACCESSIBILITY STATEMENT
The Supplier operates in accordance the Equality Act 2010 and, as such, we encourage all prospective guests to talk to us about any special accommodation requirements they may have. We will be pleased to discuss our most appropriate accommodation solutions with the aim of making all guests' stay as comfortable as possible.
16. WHERE TO FIND INFORMATION ABOUT US AND OUR SERVICES
You can find everything you need to know about us, Q Apartments (UK) Ltd trading as Aeria Apartments, and our Services on our website: https://www.aeriaapartments.com