These terms and conditions (these terms) apply to short term lettings of properties by Cleyro Limited (Company). These terms form the basis of your contract with the Company so please read them carefully before making a booking.
2.1 A booking is made by the Customer completing and submitting the Booking Form and paying the Fee (in each case either directly to the Company or through an independent website such as Laterooms).
2.2 Once the Company has received the Booking Form and the Fee the Company will send the Customer a Booking Confirmation. At this point a binding contract on these terms exists between the Customer and the Company.
2.3 Parking is available at some Properties (from 3pm - 11am) at a nightly fee, which will be notified to the Customer at the time of booking. Parking is not available at all Properties and is strictly subject to availability. If parking is required this should be requested in advance by the Customer on the Booking Form. If a Parking Space is available this will be confirmed on the Booking Confirmation (or otherwise in writing by the Company). Any use of a Parking Space will be subject to these terms.
2.4 Any additional extra costs, including parking fees, are payable by the Customer on arrival (either in cash or by a charge to the Customer's credit card, as agreed).
2.5 In most circumstances the Company will not require payment of a cash security deposit. Instead the Customer agrees that, if there is any damage to the Property and/or any Parking Space (or the Company suffers any other losses or claims) which occurred during the Rental Period the Company will be entitled to take the amount of its loss (calculated properly and reasonably) from the Customer's credit card, details of which were supplied to the Company at the time of booking.
2.6 In some circumstances a cash deposit may (at the Company's sole discretion) be payable against any loss, damage to the Property and/or any Parking Space, costs or insurance claims as described in these terms. Such deposit is payable in full as a condition of booking the Property.
2.7 The Company does not accept group bookings (meaning a booking of one Customer or Customers for more than one Property for the same Rental Period). If a Customer has made a group booking through a third party website the Company reserves the right to cancel such booking and a full refund will be made.
2.8 The Company endeavours, wherever possible, to fulfil a Customer's request for a specific Property. This, however, is not guaranteed. The Company reserves the right to relocate guests to comparable accommodation prior to or during the Rental Period.
3.1 If the Customer wishes to cancel a booking they must notify the Company in writing. No refunds will be made for non-arrivals.
3.2 If the Customer cancels a booking e the following provisions will apply:
3.2.1 cancellation up to 7 days before the Start Date - the Company retains 30% of the Fee and will refund all other sums paid by the Customer;
3.2.2 cancellation less than 7 days from the Start Date - the Company retains 100% of the Fee.
3.3 The Company strongly recommends that Customers take out travel insurance to cover their loss in the event of any cancellation.
3.4 If at any time before the start of the Rental Period the Customer notifies the Company of a request to alter his/her booking, the Company will use all reasonable efforts to comply with that request. However, the Company is not under any obligation to do this and the Customer will be obliged to pay for any additional expenses that are incurred as a result. In addition the Company may charge, at its sole discretion, an amendment fee of fifty pounds (£50) to cover the necessary administrative costs incurred. The Company cannot guarantee the availability of a specific Property for extended stays.
3.5 The Company cannot guarantee the availability of a specific Property for extended stays but will endeavour to do so, subject to availabiltiy. It is advisable for the guest to give The Company as much notice as is possible. Any extension requests must be made through the same booking source as the original booking was made.
4.1 Customers may check-in between 3pm and 8pm on the first day of the Rental Period and must vacate the Property (and any Parking Space) by 11am on the End Date.
4.2 Unless otherwise agreed a representative of the Company shall be present to check Customers in and out of the Property only between 3pm and 8pm. Out of hours key collection can be arranged but it is the responsibility of the Customer to pre-arrange this (at least 24 hours before the start of the Rental Period) with the Company and a late check in fee of £25 will be applied.
5.1 The Company agrees that the Customer may quietly possess and enjoy the Property and any Parking Space during the Rental Period without any interruption from the Company, the owner or any person claiming under or in trust for the owner.
5.2 The Company shall provide adequate bed linen and towels at the Property.
5.3 The Customer may use the paths drives hall corridors staircase and lift (if any) leading to the Property and any Parking Space to enter and exit the same.
5.4 The Company will provide a general refresh clean of the Property with fresh linen and towels on a weekly basis. The general refresh clean will commence on the designated day from 9am. If the Customer, for any reason, turns the cleaners away then cleaning will not be rescheduled until the following week.
5.5 Free wi-fi is provided for the Customer's use at the Property. Whilst every effort is made to ensure the functionality of the wi-fi, this cannot be guaranteed by the Company as this is controlled by the third party provider (e.g BT). The Customer uses the wi-fi at his/her own risk and the Company does not accept any responsibility for any loss or damage suffered by any individual who uses the wi-fi. It is strongly recommended that all persons using the wi-fi at the Property install and use up to date virus software.
6.1 The Customer shall use the Property and any Parking Space in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times.
6.2 One full set of keys will be provided to the Customer on arrival and such keys must be returned to the Company on the End Date. Any keys which are not returned or which are stolen whilst in the Customer's possession will be deemed to be lost by the Customer. Each one bedroom Property has one set of keys and each two bedroom Property has two sets of keys (each set is made up of 1 front door key and 1 electronic key fob to access communal areas). Some Properties have an electronic entry to the car park and building and thus, if a Parking Space is booked, the set of keys issued will also include an additional electronic key fob to access the parking area. The Company must be contacted if any keys (including fobs) are lost, damaged or stolen. The Customer must not in any circumstances mark or identify the keys or fobs with any indication of the Property location. If keys or fobs are lost or damaged the Customer will be charged for the replacement of the full set of keys including any electronic key fob. When keys or fobs are lost it is necessary, for security purposes, to change the locks of the Property and the entrance to any Parking Space and the Customer will be also be charged for this cost.
6.3 The Customer shall make good all damage caused to the Property (including the fixtures and fittings) or to any other property through:
6.3.1 any breach of the obligations set out in these terms;
6.3.2 any improper use by or negligence of the Customer or any person at the Property or any Parking Space with the Customer's permission.
6.4 The Company expects all Customers to have consideration for other people. If in the Company's reasonable opinion or in the reasonable opinion of any other person in authority, the Customer or any member of his/her party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the Company is entitled, without prior notice, to terminate the booking of the Customer(s) concerned. In this situation, the Customer(s) concerned will be required to leave the Property and/or any Parking Space. The Company will have no further responsibility toward such Customer(s) including any return travel arrangements. No refunds will be made and the Company will not pay any expenses or costs incurred as a result of the termination.
6.5 If any person smokes in a Property a £75.00 charge will be applied. If the smell of smoke is so strong that in the Company's reasonable opinion the Property cannot be let to another guest that night a charge equal to one nights accommodation will be charged to the Customer. The rate charged will be based on the availability of rooms.
6.6 The Customer shall keep the apartment items clean and in the same condition as at the commencement of the Rental Period (fair wear and tear and damage by insured risks only excepted) and shall make good or replace with articles of the same sort and equal value such as may be lost broken or destroyed (or at the option of the Company to pay compensation to the Company).
6.7 The Customer shall be responsible for ensuring that all members of his/her party use the Property, and all items supplied at the Property, in a safe and responsible manner. The information pack provided at the Property contains specific instructions and guidance for the occupiers of the Property and it is the Customer's responsibility to ensure that all members of his/her party understand and comply with these instructions.
6.8 The Customer shall not block or otherwise damage the taps, baths, wash basins, toilets, cisterns or pipes within or exclusively serving the Property
6.9 The Customer shall keep the Property heated to a reasonable level during the winter months to prevent damage to the Property or the water pipes drains tanks and other plumbing apparatus by cold weather.
6.10 The Customer shall not apply adhesive materials, or insert nails or hooks in walls or ceilings at the Property;
6.11 The Customer shall report to the Company any damage, destruction, loss, defect or disrepair affecting the Property or any Parking Space as soon as it comes to the attention of the Customer.
6.12 The Customer shall place all refuse in the receptacle(s) provided for the Property by the Company, the owner of the Property or any other competent authority.
6.13 The Customer shall allow the Company, the owner of the Property, the owner of the Block or their respective agents or anyone with their written authority together with any workmen and necessary appliances to enter the Property and/or the Parking Space at reasonable times of the day to inspect their condition and state of repair and to carry out any necessary repairs provided the person entering has given reasonable notice (with regard to the work to be undertaken) beforehand and the Customer shall not interfere with or obstruct any such persons.
6.14 The Customer shall in cases of emergency allow the Company, the owner of the Property, the owner of the Block or anyone with their authority to enter the Property and/or the Parking Space at any time and without notice.
6.15 The Customer shall use the Property as a private holiday residence for a maximum of:
6.15.1 two people per one bedroom Property (note all beds are double beds); or
6.15.2 four people per two bedroom Property
unless additional occupancy has been booked and agreed by the Company in advance (a maximum of one additional bed per apartment). Children up to the age of 3 and sleeping in a cot) are permitted. The Company will provide a travel cot on request, but Customers should bring their own linen.
6.16 If the Customer exceeds the maximum occupancy limits specified by the Company, or if they do anything else in the Property or any Parking Space which breaches these terms (e.g causing noise or disturbance), the Company reserves the right to terminate the Customer's booking immediately. On any such termination the Customer shall:-
6.16.1 immediately vacate the Property and any Parking Space;
6.16.2 pay the Company any additional cleaning charges or costs in relation to damage caused; and
6.16.3 have no right to a refund of any Fees or parking fees.
6.17 The Customer shall not do anything on the Property or any Parking Space which may be a nuisance to or cause damage or annoyance to the Company, the owner of the Property or the tenants or occupiers of any adjoining property.
6.18 The Customer shall not play any musical instrument or other device which can be heard outside the Property after 10pm or before 10am (or be heard outside of any Parking Space at any time).
6.19 The Customer shall not use the Property or any Parking Space for any illegal or immoral purposes.
6.20 The Customer shall not cause or permit any dangerous or inflammable substance to collect in or be stored on the Property or any Parking Space apart from those needed for general domestic use.
6.21 The Customer shall not display any notice or advertisement that is visible from outside the Property.
6.22 The Customer shall not keep any animal or pet on the Property (and a £75.00 charge will be applied if this clause is breached).
6.23 The Customer shall not sublet any part of the Property or any Parking Space.
6.24 The Customer shall not leave any belongings, place any items or hang any washing in the communal areas of the Block or out of the windows or on the balconies.
6.25 At the end of the Rental Period the Customer shall remove the Customer's belongings from the Property and leave the Property and any Parking Space clean and tidy so that the Property is ready for immediate re-occupation. The Property and any Parking Space may only be occupied by the person(s) listed on the booking form.
6.26 Use of a Parking Space by the Customer is subject to the following additional conditions:-
6.26.1 a Parking Space may only be used for the purpose of parking a car;
6.26.2 the Customer should not exceed 5mph while using the car park
6.26.3 if there are leaks from the car, such as oil or petrol leaks, the Customer should remove the car as soon as possible, so as to not cause harm or injury to any other users of the car park.
6.26.4 the Customer will be provided with a remote parking fob (as specified in clause 6.2) and a specific bay number (listed on the back of the fob). Should the Customer not park in the allocated bay number, the Company cannot be held responsible for any parking fines;
6.26.5 if a Parking Space is made unusable as a result of the actions of the Customer or any member of his/her part and it is necessary for the Company to rent a replacement parking space as a result, the Customer shall be liable for all costs incurred by the Company as a result.
7.1 Subject to clause 7.2, if the Company fails to comply with these terms, it will be responsible for loss or damage the Customer suffers that is a foreseeable result of the Company's breach of the terms or its negligence, but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the breach in question or if they were contemplated by the Company and the Customer at the time the Booking Confirmation was issued. Otherwise, and subject to the remaining provisions of this clause 7, the Customer and his/her party use the Property and any Parking Space at their own risk. The Company is not liable, for example, for loss suffered as a result of any theft of or damage to a Customer's property at the Property or any Parking Space.
7.2 In the unlikely event that there is any problem with the Property:
7.2.1 the Customer shall contact the Company as soon as reasonably possible;
7.2.2 the Company shall have a reasonable time and opportunity to repair or fix any notified problem;
7.2.3 if the problem renders the Property unusable (in the Company's reasonable opinion) the Company will provide you with alternative, comparable accommodation for the remainder of the Rental Period at no additional cost.
7.3 The Company does not exclude or limit in any way its liability for:
7.3.1 death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
7.3.2 fraud or fraudulent misrepresentation; or
7.3.3 breach of the terms implied by statute.
7.4 Any Customer who is a consumer has legal rights in relation to services not carried out with reasonable skill and care. Advice about such legal rights is available from the Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
8.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond the Company's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of the Company's obligations under these terms the Company will notify the Customer as soon as reasonably possible.
8.4 The Customer may cancel the contract if an Event Outside Our Control takes place and the Customer no longer wishes to proceed with a booking. The Company will only cancel the contract if the Event Outside Our Control means that a Property (or alternative property offered pursuant to clause 2.4) is not available for the whole of the Rental Period.
9.1 If there has been a substantial breach of any of the Customer's obligations the Company may on behalf of the owner forfeit (i.e. bring to an end) the tenancy that exists in relation to the Property and any Parking Space and may recover possession of the Property and any Parking Space. The other rights and remedies of the Company and the owner will remain in force.
10.1 The Property is let as holiday accommodation within paragraph 9 of Schedule 1 to the Housing Act 1988. Accordingly the tenancy granted by this Agreement is not an assured shorthold tenancy and the Customer has no security of tenure.
10.2 Any obligation on the Customer in these terms not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
10.3 Whenever there is more than one person comprising the Company or the Customer their obligations may be enforced against all of them jointly and against each of them individually.
10.4 The Company and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999 other than the owner of the Property.
10.5 The Customer is hereby notified that notices (including notices in proceedings) must be served on the Company by the Customer at Cleyro Ltd 86 Shirehampton Road, Stoke Bishop, Bristol, BS9 2DR.
10.6 The contract between the Company and the Customer shall be governed by the law of England and Wales.
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