1. Summary
Thank you for booking your stay with The SUMMIT Apartment serviced accommodation provider based in Essex United Kingdom - your home-away from-home service provider.
These terms and conditions of your booking are a legal agreement between us The SUMMIT Apartment, the managing agent and you the Guest making the booking. You accept these conditions for yourself including all adult members of your party who will be staying in any of our properties, these terms and condition also applies if you are booking on behalf of others.
Data Protection Policy - the managing agent is required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations.
These personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. The managing agents fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation, and storage of personal data.
2. Booking
2.1 All our apartments as occupied as serviced apartments as a temporary accommodation. Your stay with us is not intended to confer exclusive possession on either the client or guest or to create the relationship of landlord and tenant between The SUMMIT Apartment and either the client or the guest.
Neither the client nor the guest will be entitled to any tenancy, or any short assured or assured tenancy, or to any statutory protection under the Housing Act 1988, or to any other statutory security of tenure now or upon the determination of this agreement.
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.
2.2 VAT: We are currently not VAT Registered and Do not charge VAT.
2.3 However, we will charge VAT once we meet the VAT threshold, and our registration is completed. We will inform you if VAT is applicable during your booking. All rates will already include VAT and no additional charge will be required.
3. Agreement for Occupation
3.1 The managing agent permits the client to occupy the property, such occupation being by the guest personally only and to use the owners’ furniture and effects for the accommodation period. All visitors to the property are the responsibility of the guest.
3.2 You must be 25 years or over when you book your accommodation. Your booking is made as a consumer, and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
3.3 We reserve the right to refuse to accept any booking at any time.
3.4 When booking, we require all guests’ names and contact telephone numbers and whether you have minors within the group
Prior to check in, we validate every guest ID, which needs to be a valid government issued ID. We will require your email address on request. We send the link for the ID validation, failure to comply will be treated as a cancellation and you will forfeit your right to a refund.
3.5 Prior to check in, we validate every guests ID, which needs to be a valid government issued ID. We will require your email address on request. We send the link for the ID validation, failure to comply will be treated as a cancellation and you will forfeit your right to a refund.
3.5.1 When checking in, a valid photo ID such as passport or driving license are required to be shown.
Guest agrees that the actual number of Guest attending the property shall be registered at the time of booking. The Guest agrees that no more than [Max Guests] persons registered at the time of booking, shall be permitted to stay on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
If the number of people permitted to occupy a property is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional accommodation or require the excess occupants to vacate the property. We reserve the right to visit the property to ensure the number of guests on the booking is correct. If this were breached, then the Guest would be liable to pay applicable charge for each extra Guest or forfeit the booking.
3.6 You may not arrive at your accommodation before 3pm (except if it is stated differently or otherwise agreed) on the start day of your booking and, unless otherwise agreed, you must leave by 10am on the last day. If you fail to arrive by 8pm on the day of the start date and do not advise us of a late arrival, we may treat the booking as being cancelled by you.
3.7If you want to increase your length of stay, then we will do everything possible subject to availability of accommodation to find something suitable for you. Please note this may not always be possible.
4. Paying for your Accommodation
4.1 The client/guest will pay to the managing agent in full at the time of booking unless otherwise agreed.
Should payment not reach us within the required time we reserve the right to cancel any bookings made and any deposit paid will be forfeit.
Payment can be made by Credit or Debit card.
Credit card fees are not refundable in any circumstances.
Payment can be made by cheques, payable to The SUMMIT Apartment or by bank transfer, details available upon request.
If the client/guest fails to pay the managing agent any sums that are payable under this agreement when due, the client will pay the managing agent, on demand, interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment is due until the managing agent receives payment in full of cleared funds both before and after any judgement.
4.2 Damage Deposits
A security deposit to cover extra charges, including but not limited to damages, extra cleaning and other accommodation charges incurred during your stay, may be taken and you will be advised of such
4.3 Pricing
The rates advertised are to the best of our knowledge correct at the time of posting, however we reserve the right to change any rates from time to time, without notice. Prior to the booking being confirmed, rates quoted are based on rates prevailing at the time but are subject to change. Once a booking has been confirmed, we will not change the rates quoted unless the booking is amended by the guest
5. Cancellation or Changes to your booking by us
5.1 In the unlikely event we must cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible, we will offer alternatives but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation.
5.2 We shall not be liable for changes, cancellations, or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disaster, fire, adverse weather conditions and all similar events outside our control.
5.3 If you wish to change, extend, or cancel your booking, this request will need to be made in writing or you will be liable to pay us the full amount of the booking.
Changes that will amend the arrival date to be later or earlier than the original date confirmed, will be treated as a cancellation under clause 6 below.
We will use our best efforts to accommodate your requirements however, this will be subject to availability and rate change, and you will be obliged to pay any additional expenses incurred because of alteration. In addition, we may charge at our discretion, an amendment fee to cover the necessary administrative costs incurred.
5.4 Non-arrivals: No refunds will be made for non-arrivals.
5.5 The SUMMIT Apartment reserves the right to treat an early departure or reduction in the number of confirmed nights or apartments booked as a cancellation and no refund will be offered.
6. Cancellation policy: Strict
Cleaning fees are always refunded if the reservation is cancelled before check-in.
Accommodation fees are refundable in certain circumstances as outlined below.
6.1 Cancellation 28 days prior “24 hours after booking”.
For a full (100%) refund of the booking fees, guest must cancel within 24 hours of booking and at least a minimum of 28 full days prior to our listing’s local check-in time of 3.00 PM on the day of check in
6.2 Cancellation for more than 14 days but less than 28 days prior to arrival
For a 50% refund of booking fees, guest must cancel more than 14 days but less than 28 days full days prior to our listing’s local check-in time of 3.00 PM on the day of check-in, otherwise no refund will be given. Any cancellation less than 14 days prior to arrival, No refund will be given. For example, if check-in is on Monday, cancellation must be done by Monday of 2 weeks prior to check-in time.
6.3 Check in
If the guest cancels the reservation less than 14 days in advance or decides to leave early after check-in, the unspent nights are not refunded and treated as a cancellation.
7 Cleaning
7.1 Checkout Cleaning Charge
Guests are liable for the payment of a one off charge, minimum £75 per booking “ for bookings of 7 days or less” For bookings over 7 days where weekly cleaning is required, then a weekly cleaning fee is payable by the guest, if this charge is paid at the time of booking, the guest shall not be charged again, however the Guest will be charged the applicable fee if this charge is not paid at the time of booking. If extra payment above the minimum checkout cleaning fee above is made at time of booking, then cleaning weekly every 7-10 days will be carried out based on the payment made.
7.2 Cleaning schedule
The apartment is cleaned every 7-10 days, and charges to be paid for by the guest, details will be communicated to you. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available at an additional rate as detailed in section 7:1. We do not permit towels or linens to be taken from the property.
8. Falsified Bookings
Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
9. Age restriction
To ensure all our guests & neighbour enjoy a stay free from disturbance, we have a minimum age set of 25 years + for guests, in this case identification and date of birth may be requested on arrival and if not presented on request, we reserve the right to cancel the booking without a refund.
10. Death, Personal Injury or Loss of Property
10.1 The SUMMIT Apartment. shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
Guest agrees that all personal property, furnishings, personal effects, and other items brought into the Property by Guest, or their permitted guests and visitors shall be at the sole risk of Guest regarding any theft, damage, destruction or other loss and The SUMMIT Apartment shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless The SUMMIT Apartment. and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold The SUMMIT Apartment harmless in all such cases.
Guest hereby waives and releases any claims against The SUMMIT Apartment., the Property owner and their successors, assigns, employees, or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities, or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk, and responsibility.
10.2 Any guest using his or her own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc.) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/transformer are a serious fire risk.
10.3 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
10.4 Cars and their contents are parked at owners’ risk. Please ensure that cars are locked, and possessions are left out of sight.
10.5 Guest’s property left in the apartment will be disposed of by the cleaning team.
11 Booking on behalf of a business
Any such bookings for, as, or on behalf of a business or business employee, that business shall indemnify The SUMMIT Apartment 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 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) misinterpretation, 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.
12. Keys/Access to your Apartment
12.1 Unless otherwise agreed, the client or guests will be issued one set of keys to the property. It is your responsibility to ensure you are always in possession of these and that they are returned at the end of your stay. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will if required instruct a locksmith to change the lock/key(s) and charge the client or guest.
12.2 If the guest locks him or herself out of the property and requires the owner’s assistance to re-enter the property, we reserve the right to charge an administration fee.
12.3 The managing agent will retain keys to the property and will access the property to provide the services set out in the agreement and any necessary maintenance and to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances, or equipment therein.
We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
13. Services
13.1 We cannot be held responsible for any failure or interruption to services to the property, for example, gas, water, and electricity, or for any damage, disturbance or noise caused because of maintenance work being carried out in any part of the building or externally.
14. Internet and Wi-Fi
14.1 Wireless Internet is usually available at our properties, however, the owners and managing agent will not be liable for loss of this service due to connection, environmental or human error and if no support service is available.
For this reason, wireless Internet is not a contractual provision. The managing agent does not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the Internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access, or viruses.
15. Maintenance Callouts
15.1 Should a guest or client report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided, we reserve the right to charge the guest for the maintenance call out.
16. Client/Guest’s Obligations The client/guests will guarantee the following:
16.1 Not to have any party or group gathering in the property or play loud music at the property.
16.2 Not keep any animals, insects, birds, or reptiles in the property.
16.3 When guests with small children occupy the property, the guest undertakes to provide all suitable childproofing safety equipment.
16.4 Not to do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 9pm and before 7am can be reported to the local Council.
16.5 Ensure that at the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition and make good, pay for the repair, or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.
Guest shall be liable for damage to amenities provided within the properties except for wear and tear. Amenities provided are for use within the property and are not to be removed from the property by Guests. The cost of replacing damaged or missing items shall be notified to the customer along with the cost of replacement or repair of such.
16.6 Use the Property for residential purposes only and not for any business use.
16.7 Not assign, underlet, sub-licence, charge, or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.
16.8To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The managing agent accepts no liability for miss-use of products supplied.
17 Smoking and Drugs
17.1 From the 1st July 2007 the UK legislation provides that smoking is not permitted in serviced properties. Smokers must vacate the building should they wish to smoke. Where there is evidence of guests smoking within the property, we reserve the right to charge £100 for specialist cleaning.
17.2 Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
If any guest breaches any of these conditions or regulations, we reserve the right to request the guest vacate the apartment immediately without refund.
18. Termination of this Agreement
This agreement may be ended by the managing agent without notice:
18.1 If the accommodation fee is not paid on the payment day or if the client is in breach of any of the conditions.
18.2 If the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
18.3 The managing agent may also terminate this agreement at any time on giving the client written notice.
18.4 The client will at the end of the accommodation period return to the managing agent all keys to the property and give the managing agent vacant possession of the property.
19. If you cancel your Booking
19.1 If cancelled or modified later or in case of no-show, the total price of the reservation will not be refunded.
20. Health and Safety
20.1 We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest being asked to leave.
20.2 Guests should always keep the property free of hazardous objects and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests, or themselves to use.
20.3 By making a booking and staying in one of our properties you agree to abide by these terms and conditions.
21. Complaints
21.1 All complaints should be notified as soon as possible to the managing agent, and we will do our best to resolve them in a timely manner.
21.2 If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our address and we will use all reasonable efforts to resolve the matter as quickly as possible.
22.3 You can also complain to the booking agent you used for your reservation.
23. Law
23.1 These conditions and terms of contract and all matters arising there from are subject to the UK law and in the event of dispute; you will be subject to the exclusive jurisdiction of the courts of England.
24. Your Rights
24.1 Your statutory rights are not affected by anything contained within these Terms and Conditions.
25. Interpretation
25.1 In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
Managing agent, Us or We refers to Company Name offering serviced apartments/houses on behalf of the property owners.
Client is the person who arranges the accommodation – they could also be the guests.
Guest is the person who resides at the property including all adult members of your party – they could also be the client.
Agreement means this agreement.
“Apartment or property” – is an accommodation managed by The SUMMIT Apartment. on behalf of the owner(s)
Booking means an offer from you to us to hire one of our properties on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.
Fee is the rental for the property and inclusive services which is payable in advance.
Furniture and Appliances means such furniture and appliances usually found within the property and any other items, which we agree to provide.
Inclusive Services means housekeeping service once per week, linen, and towel change once per week, use of electricity, gas, water, sewerage, council tax, TV licence.
The term “Serviced Apartment” means the following: A fully furnished and equipped apartment or house, accessed by corridors, stairwells, and any common part of the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax, TV licence, a once per week cleaning and linen service.
26. ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property.
The house rules provided within the apartment forms part of the Terms & Conditions, which Guests needs to be aware of and adhere to during the rental period.
27. GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties regarding the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and The SUMMIT Apartment.
This Agreement shall be governed by the laws of the Commonwealth of The United Kingdom. The words “The SUMMIT Apartment” and “Guest” shall include their respective heirs, successors, and representatives.
The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof.
If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein.
This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.