- This Agreement is between the guest named on the Booking Summary (“You/Your”) and Austins Guest House, 45-47 Fitzhamon Embankment, Cardiff, CF11 6AN (Registered in England and Wales; Company No: 09618041) (“the Host/We/Us”) in respect of the accommodation as detailed in the Booking Summary (“the Accommodation”). The Host is the operator of the Accommodation. This Agreement details the terms and conditions which apply between You and the Host relating to Your stay at the Accommodation. You agree to comply with the terms of this Agreement and to ensure that any other persons in occupancy of the Accommodation also comply with these terms.
- This Agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary (“the Stay”). You are not a tenant of the Accommodation and You have not been granted exclusive possession of the Accommodation.
- You acknowledge that this Agreement:
- is for a period of Accommodation under a licence of occupation;
- does not give rise to an assured shorthold tenancy or lease; and
- is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977
Booking and Cancellation
- At the time of booking:
- Your booking constitutes an offer by You to enter into this Agreement on the terms and conditions contained herein; and
- by providing Your credit/debit card details, You authorise the use of that card for any sums that become owing to us, including any prepayment (as set out in the Booking Summary).
- The Booking Summary is not a booking confirmation. The Host is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as a Confirmation of Booking has been sent to You by email and any prepayment has been made; which shall be the Host’s acceptance of this Agreement.
- Following collection of the prepayment (as set out in the Booking Summary, and which may be the entire amount of the price due) and dispatch of the Confirmation of Booking; You will be liable to pay the price due in full. Any amount not taken at time of booking will normally be taken at the time of check-in.
- Unless otherwise specified in the Booking Summary the following cancellation policy will apply:
- If You cancel a booking more than 28 days prior to the commencement of the Stay, then You are entitled to a full refund.
- If You cancel a booking less than 28 days (but more than 14 days) prior to commencement of the Stay then You will be liable to pay 50% of the full price for the Stay as set out in the Confirmation of Booking (“Accommodation Price”) for the entirety of the Stay (and You authorise the Host to deduct such sums from the credit or debit card details which You supplied when making the booking).
- If You cancel a booking 14 days or less prior to the commencement of the Stay then You will be liable to pay the full Accommodation Price for the entirety of the Stay (and You authorise the Host to deduct such sums from the credit or debit card which You supplied when making the booking).
- In the event that there are circumstances beyond the reasonable control of the Host or emergencies in which the Accommodation is unavailable for all or part of a Stay the Host will arrange for suitable alternative accommodation during the Stay (which will, if possible, be of comparable quality and character).
- In the event that the Accommodation becomes unavailable during the Stay and in the event that You do not accept any suitable alternative accommodation which is offered to You, then You are entitled to cancel the booking and the relevant proportion of any amounts paid will be refunded to You, but the Host will not be liable to You for any further amounts in respect of the cancellation of the booking.
- Subject to the foregoing and any agreed variation between the parties, each Accommodation Agreement represents a contract for a Stay at a given location on given dates. Any request for a variation of dates or location will amount to a cancellation of a booking, unless the Host agrees otherwise.
Fees and Charges
- You agree to pay the Accommodation Price as set out in the Booking Summary without deduction and You also agree to discharge the cost of any purchases made from the Host for additional products or services ordered during Your Stay; the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying.
- By accepting these terms You agree to pay the Accommodation Price in full and You authorise the Host to collect the prepayment referred to in the Booking Summary immediately. On commencement of the Stay the remainder of the Accommodation Price will be taken by the Host. If You fail to check-in for the Stay then, for the avoidance of doubt, You will be responsible for the entire Accommodation Price (and You hereby authorise the Host to deduct such sums from the credit or debit card which You supplied when making the booking).
- All fees and charges will be collected by the Host and will be inclusive of VAT. Payments must be made in GB Pounds Sterling. The Host accepts most major credit and debit cards. All UK issued cards carry a surcharge of 2%, whilst cards issued in other countries attract a surcharge of 3%. If You wish to pay any balances due by other means then please contact the Host on Austinsguesthousecardiff@gmail.com.
- Additional charges may be made including (but not limited to) for lost or damaged property, additional products or services, early check-in, late check-out or additional cleaning.
- The Host reserves the right to charge interest on any payments which become due from You pursuant to this Agreement; but which remain unpaid beyond their due date for payment; at 8% above the base rate from time to time of the Bank of England, accruing daily until payment is made.
- When You commence Your stay at the Accommodation the Host will pre-authorise an amount from a credit or debit card (which, if agreed with the Host, may be a different card from the details supplied when booking) by way of security deposit and the Host will be entitled to make deductions from this credit or debit card in the event of any failure to return all keys, parking permits or any damage to the Accommodation or its contents (including removal) or in the event of late check-out or overstaying.
Check-in & Check-Out
- Prior to check-in You will receive an email with a personal pin-code for the entry doors allowing access to the Accommodation. If on arrival Your pin-code does not allow access, please contact 02921051510. As the pin-code provides access to the Accommodation You are obliged to keep this safe and secure. You must not divulge the pin-code to anyone and You agree to indemnify and hold harmless the Host for any loss, damage, costs and expenses that may arise as a result of the pin-code being used by persons other than You.
- The check-in time at the Accommodation is as stated in the Booking Summary or as otherwise agreed in writing with the Host. There is no additional charge for late check-ins unless You have arranged for a personal check-in. If You wish to be greeted personally at check-in, this can be arranged at an additional charge upon request at least 48 hours prior to arrival. Please email Austinsguesthousecardiff.com. Any additional costs for late personal check-in will be confirmed to You by email upon request. Personal check-in before 9pm will be charged at £20; after 9pm is dependent on the time requested.
- Upon check-out, You should fully vacate the Accommodation by 11am ensuring all Your belongings have been removed from the Accommodation, that the Accommodation has been left in a clean and tidy condition and that all windows and access doors have been shut securely.
- Unless You have agreed a late check-out or a further stay then You will be responsible for a full day’s Accommodation Fee for any overstaying. If You overstay by more than 2 hours then (in addition to their right to charge an additional Accommodation Fee) the Host reserves the right to restrict or remove Your access to the Accommodation; which may include entry into the Accommodation, removal of Your belongings, change of the locks to the Accommodation and such further action as may be necessary (and the Host will charge You for the costs of any such action).
Services and Facilities
- The Host provides Wi-Fi internet access (free of charge) subject to the following:
- 21.1.No guarantee is given regarding continuity of service, download and upload speeds or compatibility with Your own devices and equipment.
- 21.2.You acknowledge that access is public, may not be secure, and offers no protection for Your own equipment from issues such as (but not limited to) errors, virus or malware.
- 21.3.You agree that the Host has no control over, or responsibility for, any websites You visit or any information You transmit or receive.
- 21.4.You agree that shall not do, or permit to be done, anything which shall constitute a criminal offence or a breach of the rights (including but not limited to those in intellectual property) of others. You agree to indemnify the Host for any claims threatened or brought by any third party in connection with a breach of this clause by You.
- 21.5.The Host shall have the right at all times to withdraw or restrict access to the Wi-Fi network or to change access codes or other security information necessary for access.
- 21.6.You acknowledge that if the Host properly receives a request for information regarding illegal activity on the Host’s network it may provide information which may contain data regarding Your own activity.
- The Host cannot guarantee or be held responsible for any interruption in the provision of services by third parties such as electricity, water, gas, internet or telephony; or any disruption caused by any works of repair of such services by a third party or their contractors.
- Cleaning of the Accommodation including the changing of bed linen and towels is carried out after every check-out; or every seven days if Your Stay exceeds one week. You must make the Accommodation available for cleaning which will be carried out with as little disturbance to You as possible. You must ensure that any fragile or high value personal items are not left on the floors, beds or in any other place where they may be damaged or lost. If at any time additional or specialist cleaning is required by Your failure to ensure that the Accommodation is kept to a reasonable standard, the cost of such cleaning will be charged to You.
Safety and Conduct
- You have primary responsibility for Your own safety during Your Stay at the Accommodation. You must read any fire or health & safety guidance and any other instructions which are provided by the Host at the Accommodation or by email prior to Your arrival.
- If You become aware of anything during Your stay which You believe is a health & safety risk You must inform the Host immediately on the emergency line 02922 402 220.
- You must comply with any rules and regulations applicable to the Accommodation and any reasonable directions of the Host. A copy of such rules and regulations will be supplied to You when You check-in.
- The Host will not tolerate any verbal or physical abuse towards any of its staff, representatives or Your fellow guests. The Host reserves the right, in its absolute discretion, to restrict access to the Accommodation to any person who conducts themselves in a threatening or abusive manner.
- You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests as may be specified in the Booking Summary. This Agreement is personal to You and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation during the Stay.
- At least one person named in the Booking Summary must be aged 18 or over unless otherwise agreed in writing with the Host.
- The Accommodation information specifies the maximum permitted number of guests who are authorised to stay in the Accommodation. If You allow more than the maximum number of people to occupy or stay in the Accommodation You will be liable to pay a supplement of up to £40 per night in respect of each unauthorised guest and the rental may be terminated immediately. If the rental is terminated You will remain liable for the full Accommodation Price.
- In addition to complying with the Rules and all reasonable directions You also agree that You will:
- 32.1.keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as You find it;
- 32.2.not keep or take any pets or animals into the Accommodation (unless otherwise agreed in writing with the Host and specified as pet-friendly in the Booking Summary. If You wish to make an enquiry please email firstname.lastname@example.org);
- 32.3.not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
- 32.4.if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts and not leave any obstruction outside of the Accommodation;
- 32.5.not smoke in the Accommodation or any common parts of the building in which the Accommodation is located
- 32.6.not use the Accommodation for any purpose other than for personal accommodation and not conduct any business or commercial activity whatsoever from the Accommodation;
- 32.7.not take any property of the Host from the Accommodation and not to move any furniture from its original position and/or room within the Accommodation or make any alteration or addition whatsoever to the Accommodation or its contents;
- 32.8.not to do or permit to be done at the Accommodation or the common parts anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to other guests of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing or other excessively loud activity at the Accommodation;
- 32.9.not conduct any illegal or immoral activity from the Accommodation
- If the Host reasonably believes that You are in breach of any of the provisions at clause 32; and either after having given You reasonable opportunity to remedy such a breach (or immediately in the case of an emergency); the Host shall be entitled, without prejudice to any other rights they may have, to restrict or remove Your access to the Accommodation.
- You hereby indemnify the Host in respect of any costs, claims, liabilities or expenses suffered or incurred by the Host (or their agents) in respect of any breach of this clause.
Property Damage or Removal
- The Host recommends that You hold personal insurance for accidental damage and personal liability.
- Within the Accommodation there will be an inventory of the Host’s property available for You to inspect. If on arrival at the Accommodation You discover anything is missing or damaged then this must be reported to the Host immediately otherwise it will be presumed that the damage/loss was caused by You and a charge will be made. Please note that the inventory is not intended to be a fully comprehensive list of every item in the Accommodation and therefore does not include minor items such as cutlery or obviously major items such as carpets or other similar fittings.
- You must notify The Host of any damage to the Accommodation, contents fixtures or fittings which occurs during Your stay, even if You regard the damage as fair wear and tear or if You do not believe the damage is Your fault.
- If You do declare any damage and You are responsible for the cost of a replacement, a reduction may be allowed in the cost of replacement to account for fair wear and tear where reasonable.
- In addition to any damage, You are responsible for ensuring that the Host’s property is not removed by You or any persons You permit into the Accommodation without prior authority of the Host.
- Certain items of the Host’s property may be made available for sale (including but not limited to pictures, bathrobes and towels), the price for which will be displayed in the Accommodation. By removing property which is available for sale You agree to purchase the property for the price displayed and to the Host charging the sale price to the credit/debit card provided by You and or from Your security deposit. Please note that items which do not have a price displayed must not be removed from the Accommodation.
- Any deductions for property damage or removal will be taken from the credit or debit card You have supplied and/or on which the Host has pre-authorised an amount as a security deposit. For the avoidance of doubt You will be liable for the full amount of any damage or replacement (and associated administration costs) and not just the amount pre-authorised by way of deposit. The Host shall inform You (by email) as soon as reasonably possible of the nature of the damage or loss and the cost.
Liability and Claims
- The Host will not be liable to You for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the Stay (whether such loss arises as a result of the Host’s negligence or otherwise).
- The Host’s liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Stay or the amount of the Accommodation Price and charges payable by You, whichever is the lower amount.
- You have selected the Accommodation as being fit and suitable for Your needs. The Host makes no warranty or representation as to the suitability or fitness for purpose of the Accommodation and excludes all liability in this regard. You further acknowledge that, although the Host’s website, Facebook page and other promotional material, including any photographs, drawings or plans of the Apartment, are published in good faith, the Host does not warrant that any of the content accurately or completely describes the Accommodation. Actual size, design, fixtures, furnishings and facilities may vary.
- Nothing in clauses 42 to 44 limits or excludes the liability of the Host for death or personal injury arising as a result of their negligence or the negligence of their agents or employees or any other liability which by law may not be excluded or limited.
- Every reasonable care will be taken to ensure that the Accommodation is presented to You to a high standard. Should You find on arrival that there is a problem, or cause for complaint, You should immediately refer this to the Host or their representative on arrival. Reasonable steps will be taken to assist You. You should contact the Host either by telephone on 07565 513474 or by email to email@example.com
- The Host is committed to ensuring that any problems or complaints You may have whilst at the Accommodation are resolved efficiently and promptly, but as such the Host must be given the opportunity to do so. Any failure to notify the Host immediately or refusal of reasonable rectification may affect Your right to compensation.
- You must be contactable on the phone number provided in the Booking Summary so that the Host can communicate with You about the problems or complaints. You must not independently move to other accommodation without first allowing the Host the reasonable opportunity to assist in resolving the complaint or problem. If You do so, or refuse reasonable rectification, this may affect Your right to any compensation.
- You must formally confirm any unresolved complaint in writing by email to the Host within 28 days of the end of Your Stay.
- For the personal security of You and Your fellow guests; CCTV cameras are installed in the communal areas of the building (including certain outdoor areas) in which Your Accommodation is located. There will be signs in these areas. The Host is responsible for these cameras and retains all data recorded on these cameras securely and only for a reasonable period of time, after which it will be deleted. The data stored and held by the Host may be provided to the police or other law enforcement bodies for the purpose of the investigation of crime. Any requests or complaints made under the Data Protection Act 1998 (the “Act”) in relation to the use of CCTV and the data stored should be made to the Host in writing to its registered address. A fee of £10 is made for the provision of data in response to a subject access request made under the Act.
- You agree that You have the power to enter into this Agreement.
- You will not be entitled to withhold by way of set-off, deduction or counterclaim any amounts which You owe to the Host against any amounts that that may be owed to You.
- The Host will be entitled to sub-contract or delegate their obligations under this Agreement.
- The Host will not be liable to You or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, road closures, terrorism, war and civil unrest.
- Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
- The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
- These conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- If You breach these terms and conditions and the Host decides to take no action or neglects to do so, then the Host will still be entitled to take action and enforce their rights and remedies for any other breach.