Home Whisperers Sourcing Ltd
General Terms and Conditions for Serviced Accommodation.
The Company, Us or We refers to Cambria Operations Limited.
"The Client" is the person who arranges the Accommodation " they could also be the Guest.
"The Guest", "You" is the person who resides at the Property " they could also be the Client.
Together referred to as "The Parties".
"Booking" means the booking for accommodation, functions and / or any other services or items made with the Company.
"Accommodation" means the premises for which your Booking is made.
"Property" is an apartment or room at premises operated by the Company.
"Fee" is the rental for the Property and inclusive services which is payable in advance.
"Terms" means these terms and conditions.
"Inclusive Services" means regular housekeeping services, linen and towel change, use of electricity, gas, water, sewerage, council tax (business rates), TV licence.
The term "Serviced Accommodation" means the following:- A fully furnished and equipped house, apartment or room, accessed by corridors, stairwells and any common part of the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax, TV licence, telephone line rental, regular cleaning and linen service and, if supplied, an initial welcome starter pack.
1.1 All Bookings at the Property are subject to these Terms.
1.2 The Hotel shall be entitled to vary, amend and/or otherwise change these Terms and Conditions at any time without prior notice.
1.3 If a third party makes the booking at the Accommodation for the Guest, it is liable to the Company as the booking party together with the Guest as joint debtor.
1.4 The rates quoted are based on your period of stay. Rates are subject to change as a result of changes in your arrival and/or departure dates.
2.1 Your stay at the Property is not intended to confer exclusive possession on either the Client or Guest nor to create the relationship of landlord and tenant between the Company and either the Client or the Guest. Neither the Client nor the Guest will be entitled to any tenancy, or any assured shorthold 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.
2.2 Rates are subject to change without notice. Prices displayed on our and our partners' Websites are an average per night per person until a rate is selected. A minimum length of stay, deposit, cancellation charge and other conditions may apply to certain rates, as specified. Once a rate is selected on the Websites, the total for your requested stay shall be displayed on the reservation summary. Prices shall be charged in the local currency of the Property and any currency conversion facility is provided as an approximation tool only. Please refer to the Currency Disclaimer below for further details.
3. Agreement for Occupation
3.1 The Company permit the Client to occupy the property, such occupation being by the Guest personally only and to use the Company?s furniture and effects for the accommodation period. All visitors to the Property are the responsibility of the guest.
3.2 You must be 18 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 for whatever reason.
3.4 Unless otherwise stated on the booking confirmation, you may arrive at your accommodation after 2:00pm on the start day of your booking and, unless otherwise agreed, you must leave by 10:00am on the last day. If you fail to arrive by 11:59pm on the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you. Any non-secured reservation will be held until 4:00pm on the day of arrival at which time we will be entitled to re-let the room, unless the guest has notified the Company of a late arrival.
3.5 If 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. It must be borne in mind that this may not always be possible.
3.6 The accommodation of children under the age of 12 must be agreed by prior arrangement.
3.7 Although accommodation and location are confirmed in advance, the exact Property cannot be guaranteed prior to arrival.
3.8 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 request the excess occupants to vacant the property.
4. Paying for your Accommodation
At the time of Booking we will take your credit/debit card details and you authorise the use of this card for any sums that become owing to us.
4.1 The Client will pay to the Company:-
4.1.1 Cleared funds of 50% of invoice value must be received to secure reservation fourteen (14) days before your arrival date then the balance covering the total cost of the accommodation will become payable seven (7) days prior to arrival. All prices advised to you are inclusive of booking fees and charges, but excluding any telephone calls made (which will be invoiced separately). At the time of Booking we will take your credit/debit card details and you authorise the use of this card for any sums that become owing to us. No Booking shall be treated as confirmed until the details and/or payment/deposit described in this paragraph have been provided.
4.1.2 If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements shall exceed four (4) months and the general price charged for such services is increased by the Company, we reserve the right, at our sole discretion, to increase the contractually agreed price as appropriate, but by no more than five percent (5%) in total.
4.1.3 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.
4.1.4 Any charges notified to the Client for telephone calls made at the property during the accommodation period. These charges will become payable on departure and an itemised invoice will be provided.
4.1.5 If the Client fails to pay the Company any sums that are payable under this agreement when due, the Client will pay the Company, 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 Company receives payment in full cleared funds both before and after any judgement.
4.1.6 A deposit covering breakages and damages may be required at the time of booking. The deposit will be refunded at the end of your stay, following our inspection of the Property used by you and the settlement of all charges owing to Us. If a deposit is not charged, valid credit/debit card details to cover any additional charges during either your current of any future stays with Us must be supplied by the time of booking and we reserve the right to deduct from that card, without further notice, all amounts chargeable under this agreement. Within one week of such deduction We will provide the booker by email a breakdown of the issues and costs of rectifying them. In the event that payment is declined, for any reason, or no card details are provided, We reserve the right to charge the organisation or individual who made the booking at the address provided. You must pay this invoice within seven (7) days of issue.
4.1.7 We expect the Property to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
4.1.8 From the 1st July 2007, UK legislation provides that smoking is not permitted at the Property. Smokers must vacate the building should they wish to smoke.
4.1.9 Where there is evidence of guests smoking within the Property, we reserve the right to charge £150 for specialist cleaning.
5. Cancellation or Changes to your booking by us
5.1 In the unlikely event we have to 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 seven (7) days of any cancellation, but we shall have no further liability to you arising out of such cancellation.
5.2 Your booking is for a class of room in the Property and does not guarantee that you will be able to stay in a specific room or in the same room for the duration of your stay. If you have indicated a preference for a particular room on the Website, we will use our reasonable efforts to honour this preference. However, we may need to allocate an alternative room to you for operational or safety reasons. If we need to move you to a different room during your booking for which a lower rate is available than the rate you booked at, we will refund you the difference in the rates.
5.3 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 and which are outside our control. Further details are given below.
5.4 If you wish to alter your booking, We will use our best efforts to accommodate your requirements, however, you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, we may charge, at our discretion, an amendment fee of £50 plus VAT to cover the necessary administrative costs incurred.
5.5 No refunds will be made for non-arrivals.
6. Limitation of Liabilities
6.1 The Company will not be responsible for the loss or damage of any property left in the Property other than as required under the Hotel Proprietor's Act 1956 and the Local London Authorities Act 2004 or any other applicable law.
6.2 The Company will not be held responsible for the acts or omissions of third persons, Company employees or representatives, occurring on the premises, except when they arise out of the strict performance of the Company employee's or representative duties. In any event, the Company will not be held responsible under any circumstances for damages in excess to the equivalent the daily room rate of the person to whom it is liable.
6.3 The Company will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by the negligence of the Company, its employees, contractor or agents or otherwise). The Company's total liability shall not exceed the value of the charges received by it under the Contract.
6.4 We 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.
6.5 Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by the Company's negligence or liability for fraud or fraudulent misrepresentation.
6.6 Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos, etc) must use an appropriate adaptor. Non-UK plugs used without the appropriate adaptor / transformer are a serious fire risk. Please ensure that all heated appliances are switched off and stored safely before leaving the Property. Guests found to be in breach of this rule may be asked to leave with immediate effect.
6.7 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of loss, damage, or theft of such property unless caused by negligence on our part.
6.8 Cars and their contents are left at owners risk. Please ensure that cars are locked and possessions are left out of sight.
6.9 Lost property and articles left behind by guests which are found after departure will be kept for one (1) month after departure or forwarded at the guest's expense. After that time, unclaimed items will be disposed of by the Company as its sole discretion.
7.1 Unless otherwise agreed, the Company will issue to the Client or Guest a set of keys to the property. If at any time the Client or Guest loses the keys, they must notify us as soon as possible and we will replace them at a cost to the Client or Guest of £70.00 per set of keys.
7.2 If, between the hours of 10:00pm and 8:00am the Guest locks him or herself out of the Property and requires assistance from the Company to re-enter the Property, the Company reserves the right to charge a £70.00 administration fee (which if not paid to the Company representative on demand may be invoiced to the Client).
7.3 The Company 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 also 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 has been caused or any emergency. We will make reasonable efforts to contact you before entering the property.
8. Housekeeping Services
The accommodation included a regular housekeeping services, linen and towel change.
In the case of a hotel or other serviced room accessed by corridors, stairwells and any common part of the building, cleaning shall take place once per day, and linen and towels shall be changed once every two (2) days.
In the case of self-contained Serviced Accommodation including but not limited to apartments and houses, cleaning and linen and towel changes shall take place once per week.
9.1 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 as a result of maintenance work being carried out in any part of the building.
10. Wireless Broadband Internet
Wireless Broadband Internet is usually available at our locations, and we will use our best endeavours to ensure that an adequate service is available at all times, however, the Company will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, Wireless Broadband Internet is not a contractual provision. Neither the Company nor its employees 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. A copy of our Fair Use Policy is available on request.
11. Maintenance Call-Outs
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.
12. Client?s Obligations
12.1 The Client will guarantee that any guest will:
12.1.1 Not keep any animals, insects, birds or reptiles in the Property. Guide dogs are accepted by prior arrangement, and other dogs may be accepted at the Company?s discretion, but otherwise no pets are allowed at the Property.
12.1.2 When Guests with small children occupy the Property, the Guest undertakes to provide all suitable childproofing safety equipment.
12.1.3 Not to do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium.
12.1.4 Not to do anything that may cause a nuisance or annoyance to the Company or to any other occupier or guest of adjoining properties or do anything at the Property that is illegal or immoral. Noise disturbance after 11:00pm can be reported to Swansea City Council.
12.1.5 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.
12.1.6 Use the Property for residential purposes only and not for any business use.
12.1.6 Not make any alterations to the Property.
12.1.7 Indemnify and keep the Company fully and effectively indemnified against all losses, claims, demands, actions, proceedings, damages, costs of expenses or other liability or right arising in any way from this Agreement.
12.1.8 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.
12.1.9 Not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the Company's furniture and effects.
12.1.10 Not hang on the outside of the Property any flower pot or similar object or any clothes or other articles.
12.1.11 Not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow.
12.1.12 Not leave the entrance door or windows to the Property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the Property or during bad weather.
12.1.13 Not hang clothing and other objects from windows and balconies.
12.1.14 To take all reasonable precautions to prevent condensation by keeping the Property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on at all times to prevent damage to the Property.
12.1.15 Not change any lock to the Property or have any duplicate keys made.
12.1.16 To report any plumbing, electrical or general problem to the Company as soon as is practicably possible and to desist from attempting to remedy such problem on their own.
12.1.17 To maintain properly insured to their full replacement value all of the Client's and/or guest's personal property which is kept either at the Property or on the guest's person.
12.1.18 To use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
12.1.19 Not to leave or store any valuable personal possessions anywhere in the Property where they can be easily viewed by third parties.
12.1.20 Not to play ball games inside or within the grounds of the Property.
12.1.21 To ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in notifications in or around the Property. Depending on which Property is allocated, the Property is suitable for between 1 to 6 persons.
12.1.22 To 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 Company accepts no liability for misuse of products supplied.
12.1.23 Not to install any portable cooking appliances, camping stoves or similar items in the Property.
13. Guest Behaviour
Guests are requested to conduct themselves appropriately at all times and to comply with Company procedures and/or requests with regard to conduct and respect for the property of the Property, its employees and guests and their health and safety. Guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the Property, or cause offence to other guests or our members of staff. We reserve the right to refuse Accommodation or services or remove you and members of your party from the Property if, in our reasonable opinion, we consider this provision to have been breached. Where this is the case shall have no obligation to refund you for lost accommodation, other services or any other loss or expense incurred.
14. Termination of this Agreement
14.1 This Agreement may be ended by the Company without notice:-
14.1.1 If the Accommodation Fee is not paid on the Payment Day or if the Client is in breach of any of the Conditions and/or
14.1.2 If the Client becomes bankrupt, has an administration order made against him or her or has a judgement enforced or entered against him or her.
14.2 If the Accommodation is intentionally booked using misleading or false statements about facts which are material to the contract, for example the identity of the customer or the purpose of the stay.
14.3 The Company may also terminate this Agreement at any time on giving the Client written notice.
14.4 The Client will at the end of the Accommodation period return to the Company all keys to the Property and give the Company vacant possession of the Property.
15. Early Arrival Policy
Check-in before 2:00pm is offered based on availability. A fee will apply. For assistance with making these arrangements, please contact the Company at least twenty-four (24) hours before your booked arrival time.
16. Late Checkout Policy
Checkout time is 10:00am. Guests wishing to extend their stay will be charged at an hourly rate at our discretion. Fees vary according to checkout time. Arrangements are subject to availability.
17. If You Cancel Your Booking
17.1 Any cancellation must be notified to us in writing. The day we receive your written notification of cancellation is the date on which your booking is cancelled. A cancellation charge will be payable, based on the number of days before the booking start date that we received your cancellation, as shown below:-
Number of Days Before Start Of Booking Amount Payable
8 - 14 50%
7 or less 100%
17.2 The Company may, as its own discretion, waive its rights to cancellation fees, without prejudice to any other rights and remedies available to it.
We reserve the right and you hereby authorise us to charge your credit or debit card for any damage incurred to your room(s) or the Property during your stay (including without limitation specialist cleaning) or for any items that are missing when you leave.
Where a Property has its own car park, there may be a charge and/or limited spaces available and space may not be available for the duration of your stay. Terms and conditions may also apply to car park use. Please contact the Premises directly for more information. Cars and their contents are left at the owner?s / customer?s own risk. We do not accept responsibility for any loss or damage (save as may not be excluded or restricted by applicable law).
20. Health and Safety
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. A copy of our Health and Safety is available on demand.
Guests should keep the Property free of hazardous objects at all times and not to leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.
By signing these terms and conditions you agree to abide by the terms of the Policy.
21. Data Protection Policy
21.1 The Company is required to gather certain personal data about Clients for the purposes of satisfying operational and legal obligations.
21.2 This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
21.3 The Company 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.
21.4 The principles require that the personal data shall:
Be processed fairly and lawfully purpose and shall not be processed in any manner incompatible with that purpose;
Be obtained for a specified and lawful purpose and shall be processed in any manner incompatible with that purpose;
Be adequate, relevant and not excessive for those purposes;
Be accurate and, where necessary, kept up to date;
Not to be kept for longer than is necessary for that purpose;
Be processed in accordance with the data subject?s rights;
Be kept secure from unauthorised or unlawful processing and protected against accidental loss, destruction, or damage by using the appropriate technical and organisational measures;
And not be transferred to a country or territory outside the European Economic Area, unless the country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
21.5 Telephone calls may be recorded from time to time to help us improve the service we offer you.
22. Third Party Credit Card Payments
A non-guest wishing to pay for a guest in the Accommodation may be asked to complete an Authorization Approval form and fax/e-mail prior to the guest's arrival. In that event, please specify which charges can be charged to the credit card.
23. Currency Disclaimer
Currency conversions by banks or credit card companies in processing payments are not within the control of the Company and are subject to exchange rate fluctuations.
24.1 All complaints should be notified as soon as possible to our representatives at our business office as they will usually be able to resolve any problems.
24.2 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 business address and we will use all reasonable efforts to resolve the matter as quickly as possible.
While all reasonable efforts have been taken to ensure the accuracy of information on the Company's Websites and those of our content and booking partners, the Company does not accept responsibility for all and any errors or omissions and reserve the right to amend, cancel or vary any of the arrangements featured on the Websites without notice. Please note that in certain circumstances, generic photographic images may have been used to represent the general style of a particular product or property.
The content of the Websites is the copyright of the Company and our partners, and may not be copied, reproduced, published, distributed or amended for any other purpose without the prior written consent of the Company and our partners.
Trademarks used on the Websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We cannot accept responsibility for the content or use of third party sites.
The Websites are operated by the Company and our content and booking partners.
26. Force Majeure
26.1 Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural or Political Force Majeure Event.
26.2 Events of Force Majeure shall include, but not be limited to:
26.2.1 the following Natural Force Majeure Events:flood, earthquake, fire, extreme adverse weather or environmental conditions, natural or man-made disaster, explosion, chemical or radioactive contamination, war or threat of war, civil strife, acts of terrorism or sabotage, public disorder, industrial dispute, failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles, or any collapse of building structures, epidemic, famine, plague or other natural calamities, acts of God and all similar events.
26.2.2 the following Political Force Majeure Events:any legal prohibition on either Party's ability to conduct that Party's Business, including passing of a statute, decree, regulation or order by a Competent Authority prohibiting the said Party from conducting the Party's Business, other than as a result of said Party's failure to comply with the law or any order, Consent, rule, regulation or other legislative or judicial instrument passed by a Competent Authority.
27. Headings and Punctuation
For the avoidance of doubt, all headings and punctuation in this agreement are for convenience only and shall be ignored in its interpretation.
The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.
29. Governing Law and Jurisdiction
These Conditions and terms of contract and all matters arising there from are subject to the law of England and Wales and in the event of dispute, you will be subject to the exclusive jurisdiction of the courts of England and Wales. For the avoidance of doubt, this shall include all and any disputes relating to any non-contractual obligations.
Each party hereby irrevocably waives any objection which it may now or later have to proceedings being brought in the courts of England and Wales (on the grounds that the courts of England and Wales are not a convenient forum or otherwise).
30. Your Rights
Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.
The Accommodation is operated by Cambria Operations Limited which is registered in England No. 09919901. The registered office address of Cambria Operations Limited is 38 Manor Way, Neath, West Glamorgan, United Kingdom, SA11 2TR. Telephone 01639 689 368.