Website Terms and Conditions
1. INTRODUCTION
1.1 We are Global Corporate Bookings Limited, trading as Smarlets and Smartlets.net, whose registered office is 167-169 Great Portland street, 5th floor London W1W 5PF ("us", "we", "our") is an independent serviced apartment agent and we provide reservation and payment services to enable our clients ("you") to reserve serviced apartments worldwide ("Reservations") which are provided by our various apartment providers (our "Apartment Providers" or "Hosts").
1.2 You agree that your Reservation will be strictly subject to these terms and conditions ("Terms") and that in relation to your Reservation and use of the apartment you agree to be strictly bound by these Terms and by any general policies, rules, terms or conditions of the Apartment Provider (the "Apartment Provider's General Policies"). If you're making the Reservation on somebody else's behalf and/or any other third party will be making use of the serviced apartments you, in addition, will procure their compliance at all times with such Terms and the Apartment Provider's General Policies as if they were referred to as you under these Terms. In the event of such a party breaching any of these Terms or the Apartment Provider's General Policies such a breach will for the purpose of these Terms be considered a breach by you. If we don't supply the Apartment Provider's General Policies then it's your responsibility to establish with the Apartment Provider the basis on which they make the serviced apartment available and whether any Apartment Provider General Policies apply
2. BOOKING PROCESS AND CONTRACT FORMATION
2.1 You can make an enquiry about reserving a serviced apartment (a "Reservation Enquiry") through our site ( https://www.smartlets.net) ("Site"), by phone or by email and we'll endeavour to respond with some suitable suggestions that meet your requirements or if we're unable to offer such suitable suggestions we'll inform you accordingly. Please note that all serviced apartment suggestions that we provide in response to your Reservation Enquiry are subject to availability.
2.2 Once we've received your instructions to make a Reservation, we'll endeavour to make that Reservation. Your instructions to make a Reservation will be deemed an offer by you which will only be deemed accepted once the Apartment Provider has accepted your Reservation.
2.3 If your Reservation is accepted we will send you the "Apartment Reservation Confirmation" which will amongst other things confirm the dates of your stay, the charges to be paid by you ("Apartment Charges"), the relevant payment terms, check-in and check-out times, cancellation terms and property contact details. In the event that we've not been able to make your Reservation, we'll also notify you and if possible, suggest suitable alternative serviced apartments.
3. OUR ROLES AND RESPONSIBILITIES
3.1 As a serviced apartment booking agent we provide information and details on our Site in relation to serviced apartments. If you inform us of a serviced apartment in relation to which you'd like to make a Reservation, we will, as detailed in clause 2 above, endeavour to make the Reservation on your behalf with the Apartment Provider.
3.2 Once we've received payment of the Apartment Charges from you in respect of a Reservation you've made, we'll process these payments, and arrange for the appropriate payment to be made to the relevant Apartment Provider
4. INFORMATION AND ASSISTANCE
4.1 To process your Reservation we will during and after the booking process require certain assistance and information from you, such as your contact details, the number of guests staying, their names and contact details, etc. You agree that you'll promptly provide us with all such assistance and information that we may require during the booking process and in relation to the information that it will be accurate, complete and up-to-date. Furthermore you agree to notify us immediately if there are any changes to such information. You agree to provide the information required for guest vetting/verification and credit/debit card verification to be carried out, which is the completion of a form and the information required within in it.
5. MONEY AND DEPOSITS
5.1 The Apartment Charges for the serviced apartment will be as confirmed in the Apartment Reservation Confirmation or as otherwise agreed between the parties. United Kingdom Reservations: the Apartment Charges are given exclusive of VAT which you will pay in addition to the Apartment Charges at the current rate from time to time. All other countries Reservations: local taxes (including value added tax or any other applicable tax in the country the apartment is located) are normally included in the rates that we've offered. Please refer to our quotation for full information.
5.2 You will pay us the Apartment Charges in full and by the due date as agreed during the booking process and all payments will be made in pounds sterling unless otherwise agreed with Smartlets.
5.3 The Apartment Provider may as a condition of the Reservation require a security deposit to cover any additional charges incurred, and to cover any damage or loss caused to the serviced apartments. This may be requested by the Apartment Provider (or by us on their behalf) at any time before or on arrival and you agree to provide this security deposit if required and on the terms requested by the Apartment Provider or by us.
5.4 All reservations made with Smartlets will incur a non-refundable cleaning fee at the time of booking. The details of this will be outlined in your quote before you book.
6. CHANGE AND CANCELLATION
6.1 Once your Reservation has been accepted by our Apartment Provider, your right to make a change to your Reservation or to make a cancellation will be subject to the Apartment Provider's General Policies and where possible we'll provide details of such cancellation rights or the right to make a change in your Reservation during the booking process and within the Apartment Reservation Confirmation.
6.2 If you'd like to make a cancellation or make any change to your Reservation, please contact us by emailing us at [email protected] or alternatively you can phone us on the number provided in your booking confirmation. Cancellations and amendments must be made in writing Monday - Friday: 09:00 - 18:00 (UK). Any cancellations made out of these times or during a public holiday, will typically be actioned the next working day. A staff member will confirm back to you once the changes have been made with the relevant property.
6.3 We can't commit to being able to make any changes or to cancel your Reservation which is binding upon you, however we'll assist you in trying to achieve your desired outcome.
7. PETS
7.1 Please note that you are not permitted to allow pets (or any other animals) into the serviced apartments without our prior written approval. If you wish to bring your pet with you to the serviced apartment, please contact us at [email protected] or alternatively you can phone us on the number provided in your booking confirmation. Please note that if we, or the Apartment Provider, has agreed to you having a pet in the serviced apartment, you will be required to comply with any additional rules made available by the Apartment Provider in relation to the same. Furthermore, a security deposit is likely to be required which will be refundable at the end of your stay, provided the serviced apartment has been left in a satisfactory condition. Please also note that an additional cleaning fee is likely to be required on departure and details of this will be provided to you in advance.
8. CONSUMER REGULATIONS
8.1 Certain consumer regulations often require that when purchasing certain things online, consumers have a right to cancel the contract within 7 days of entering into it. Such a right does not exist in relation to contracts for the provision of accommodation and therefore you won't be able to cancel any Reservation which has been accepted by the Apartment Provider under these consumer regulations.
9. OUR WEBSITE
9.1 You agree that all use of our Site will be strictly subject to and in accordance with our Website Terms and Conditions
9.2 The currency conversion services on our Site should be used as a guide and are for indicative purposes only. All currency rates on our Site are updated daily and supplied by XE.com and are provided for convenience only. We therefore do not provide any representation or warranty as to the accuracy of the conversions and by its nature the information is subject to the volatility of financial markets and general economic conditions and are as a consequence subject to change and uncertainty and is at your own risk. We invoice all Reservations in GBP (UK Pounds Sterling) using American Express International or UK Forex Payment Rates, applicable at the point of invoicing.
1O. LIABILITY
10.1 We act as a booking agent for and on behalf of our Apartment Providers and once we've received a request for a Reservation we'll endeavour to complete the Reservation with the Apartment Provider on your behalf. We don't own any of the serviced apartments featured on our Site; they are owned by the Apartment Providers or third parties who licence the Apartment Providers to book the serviced apartments on their behalf. As such, by making a Reservation you agree that our only responsibility is as set out in clause 10.5 below and that we're not responsible for and will not be liable to you, or to any third party, in relation to the serviced apartment, your use of the serviced apartment or for any acts or omissions of the Apartment Provider. Any such matters must be taken up with the Apartment Provider who is responsible directly to you for such matters and our only obligation to you in relation to this will be to provide you with the assistance set out in clause 10.2 below.
10.2 In the unlikely event that you do have an issue in respect of the Reservations, the serviced apartment, your use of it or any acts or omissions of the Apartment Provider please contact us immediately and we'll provide you with reasonable assistance with addressing and remedying the issue. Alternatively, if we've provided you with the contact details of the Apartment Provider during the booking process or within our Apartment Reservation Confirmation then you may contact the Apartment Provider directly.
10.3 Much of the information and materials provided by us in relation to the serviced apartments has been provided by our Apartment Providers. Whilst we do carefully select our Apartment Providers and take precautions to ensure that the information concerning the serviced apartment is accurate, complete and up to date, we can't and don't make any warranties or representations of any kind in relation to any such material and/or information provided by the Apartment Provider as we're merely providing it as an agent for the Apartment Provider. However, to the extent that there's an issue in relation to information provided by the Apartment Providers we'll assist you in finding a suitable solution in relation to such an issue. To the extent that we become aware of any errors in information we'll make the necessary changes required.
10.4 We will endeavour to pass on to you any information we receive from the Apartment Provider relating to its health and safety policies, but because we do not own or manage the apartments, we cannot and do not provide any warranty or representation in respect of health and safety related matters concerning the apartments (including the Apartment Provider's health and safety policies) or the condition of the apartments. If you have any queries regarding the Apartment Provider's health and safety policies or you become aware of any health and safety issues during your stay, please contact the Apartment Provider or, if you would prefer, us in the first instance.
10.5 Subject to clause 10.9, the only liability we may have to you in relation to a Reservation or a serviced apartment will be: a) to the extent that we make any errors or provide inaccurate information concerning the serviced apartments as set out in the Apartment Reservation Confirmation, provided the error or inaccuracy was entirely our mistake and not the mistake of the Apartment Provider; or b) to the extent that we make any error in relation to the Reservation itself (for example, reserving the wrong number of nights) again provided such error was our mistake and not the mistake of the Apartment Provider.
10.6 Any liability we do have to you will in any event be limited to the Apartment Charges that you pay to us in relation to the Reservation (or Reservations) to which such liability relates.
10.7 In the unlikely event that a serviced apartment becomes unavailable on the dates that you have made the Reservation for, our liability to you will be limited to suggesting suitable, equivalent, alternative accommodation.
10.8 We will not be liable to you for any indirect or consequential loss.
10.9 Nothing in these Terms seeks to limit or exclude our liability for death or personal injury which is caused by our negligence or for any other matter which we are not permitted by law to limit or exclude.
10.10 Where relevant we will have no contractual liability whatsoever to any person on whose behalf you have reserved the serviced apartment for and it's your responsibility to explain the basis on which the Reservation has been made.
10.11 All warranties, expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
11. INDEMNITY
11.1 You agree to compensate us against all and any loss, damages and costs sustained by us arising out of any breach by you (or any person or people on whose behalf you make a Reservation for or who otherwise use the serviced apartment) of any of these Terms or the Apartment Provider's General Policies.
12. TERMINATION
12.1 In the event that you fail to pay any sums when they fall due under these Terms or you (or any person or people on whose behalf you make a Reservation for or who otherwise use the serviced apartment) otherwise breach any of these Terms or the Apartment Provider's General Policies we will be entitled to terminate our agreement with you and/or your Reservation immediately and following such termination you will (and you will procure that any person or people on whose behalf you make a Reservation for or who otherwise use the serviced apartment will) vacate the serviced apartment immediately.
13. FORCE MAJEURE
13.1 We will not be in breach of our obligations under these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
14. ASSIGNMENT
14.1 Neither these Terms nor any rights or obligations under these Terms may be assigned or licensed by you.
15. ENTIRE AGREEMENT
15.1 These Terms supersede all prior agreements, arrangements and undertakings between us and you and constitute the entire agreement between us in relation to the subject matter of these Terms. You confirm that you haven't entered into agreement with us on the basis of any representation that is not expressly incorporated into these Terms.
16. SEVERENCE
16.1 If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances or the validity or enforcement of these Terms.
17. RIGHTS OF THIRD PARTIES
17.1 The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and no party other than we or you may enforce any provision under such Terms.
18. APPLICABLE LAWS AND JURISDICTION
18.1 These Terms will be governed by the laws of England and Wales and the English courts will have exclusive jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.
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