These terms and conditions apply to the contract between Flying Butler Apartments Limited trading as Flying Butler Apartments, which has its registered office at The Kensington Centre, 66 Hammersmith Road, London W14 8UD (hereinafter referred to as the “Operator”) and you/the Client/the agency (hereinafter referred to as the “Client”) for the hire of serviced apartment accommodation (hereinafter referred to as the “Apartment(s)”) to you or nominated occupiers of the Client (hereinafter referred to as “Guest(s)”).
1. THE ACCOMMODATION
1.1. The Operator shall provide and the Client shall hire the Apartment(s)for the Hire Period, at the Agreed Price and upon the terms of this Agreement as agreed on a booking by booking basis along with any additional Special Terms and conditions as confirmed at the time in writing by the Operator to the Client.
1.2.The Operator shall additionally provide (i) routine maintenance services as are required to keep the Apartment in good and working condition; (ii) weekly cleaning service and weekly supply of clean linen/towels, as specified in the Booking; and (iii) furniture and appliances as applicable to the Apartment
1.3. The Operator shall give the Client and/or its nominated Guest the right to use the Apartment for the Hire Period for the intended Guest(s) as confirmed by the Client at the time of booking. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.
1.4. The Client acknowledges that bookings entered into as a result of this Agreement do 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.
1.5. For all locations offered, the rate quoted includes Broadband Wi-Fi; all applicable utilities; weekly cleaning service; welcome pack of essential groceries and toiletries on arrival; guest Services available 24/7
1.6. The Operator offers a range of support services upon request which may incur additional charges to the Guest/Client.
2.1. Rates for Apartments as offered the Operator to the Client are supplied herein and on the basis of agreed levels of business (if any) as confirmed in the “Offered Rates” section of this agreement. All rates quoted are done so excluding VAT at the applicable rate.
2.2. Promotional rates may be offered by the Operator from time to time, which may incur Special Terms associated with them. Where Special Terms are offered alongside promotional rates, these will supersede applicable terms covered within this document.
2.3. The Apartment’s daily rental rate is determined by reference to the Agreed Price and the Booking Confirmation sent by the Operator.
3.1. The Client must provide the Operator with sufficient information to conclude a Booking.
3.2. The Operator reserves the right to reject any Booking.
3.3. Any special requests should be notified prior to booking. The Operator will use reasonable endeavours to accommodate any special requests and such requests may incur Additional Charges.
3.4. Bookings for groups or peak periods may be subject to additional terms and conditions and will be confirmed at the time of enquiry.
3.5. The Operator reserves the right to instigate amended terms for any booking, which shall supersede those referenced herein. Any such Special Terms will be confirmed in writing by the Operator to the Client.
4.1. Payment of the full Agreed Price is due no less than 14 days’ prior to the Arrival Date, unless otherwise agreed. Where no payment is received, the Operator reserves the right to cancel the booking without further notice to the Client. Re-booking after such cancellation/non-payment may result in the booking being subject to new terms and conditions.
4.2. Where agreed, bookings of 60 days or more may be invoiced in portions of 30 days or part thereof as applicable to the booking duration. In such cases the first 30 days will be invoiced at the point of booking and payment of this first period shall be due in accordance with clause 4.1 above.
4.3. Where credit facilities have been agreed, payment of invoices shall be due within 30 days of date of invoice.
4.4. Should the Client default on any payment agreed, the Operator may terminate this Agreement immediately upon notice to the Client.
4.5. Where the Client pays via credit or debit card or via international bank transfer, a surcharge will be added to the Agreed Price which the Client will be responsible for paying. The amount of the surcharge will be specified in the Booking. The Operator may also accept payments via bank transfer.
4.6. For bank transfer payments, the Client will cover any transfer charges levied by the sending or receiving bank to ensure the rent due is received by the Client in full. The Client reserves the right to charge and administration fee of £25+VAT to recoup any shortage of funds due to an under-transfer being made by the Client.
4.7. Unless otherwise agreed in writing, for every full or part day the Apartment has not been returned beyond the agreed date of return, the Operator may charge a full day's hire at current hire rates for each part or full day the Apartment is not returned. Payment of any such charge shall be made upon demand and the Client authorises the Operator to take such further charges from any credit or debit card used to make the Booking or the Client will pay by another means.
4.8. The Client shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by the Client under this Agreement.
4.9. The Client shall pay on demand interest charges (both before and after any judgment) on any sum payable by the Client to the Operator under this Agreement and not received by the due date at the annual rate of 5 per cent above the Bank of England base rate in force at the time calculated on a daily basis and compounded on a monthly basis from the due date for payment until payment is received by the Operator.
5. CANCELLATION AND AMENDMENTS
Standard Cancellation Policy (unless otherwise agreed):
1-6 night stays, 14 days’ notice prior to arrival
7-27 night stays, 14 days’ notice prior to arrival
28-89 night stays, 14 days’ notice prior to arrival
90 night stays, 30 days’ notice prior to arrival
5.1. Any Booking cancellations must be notified by the Client to the Operator by email.
5.2. Where the Client gives adequate notice prior to the commencement of the Hire Period, no cancellation charge shall apply.
5.3. Where the Client gives less than the notice required, the Operator may charge a cancellation fee equivalent to the number of nights falling within the cancellation period.
5.4. Where the nominated Guest fails to arrive to the Apartment as agreed the Operator can charge a cancellation fee in line with Clause 5.
5.5. Rebooking of an Apartment following cancellation is subject to availability and any waitlist. The rate previously offered is not guaranteed.
5.6. The cancellation policy associated to each quotation supersedes the standard cancellation policy stated under point 5..
6. REDUCTION IN DURATION AFTER ARRIVAL
6.1. Any reduction of Booking duration must be notified by the Client to the Operator by email.
6.2. Where the Client gives adequate notice (as per cancellation and amendment terms in 5) for an earlier departure than the one initially booked, no additional room nights will be charged. However, in such circumstances the Operator reserves the right to revise the room rate for the duration of the stay retrospectively and to reflect the shorter stay.
6.3. Where the Client gives less than the notice required, the Operator may charge a cancellation fee equivalent to the number of nights falling within the cancellation period. In such circumstances, the Operator still reserves the right to revise the room rate for the duration of the stay retrospectively and to reflect the shorter stay.
7. ARRIVAL AND DEPARTURE
7.1. Guests may check-in from 4pm onwards on the first day of the Hire Period, unless otherwise agreed with the Operator.
7.2. Guests must check-out by 10am on the last day of the Hire Period. Failure to do so may result in Additional Charges.
7.3. Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
7.4. The Operator will provide the Client and/or Guest with specific instructions relating to: (i) check-in prior to the commencement of the Hire Period; and (ii) check-out instructions (including key return) upon the Guest’s arrival at the Apartment or during their stay - as appropriate to the booking.
7.5. A Meet & Greet service can also be booked at the cost of £40+VAT. Where and when a self-check-in with codes isn’t possible, the Meet & Greet service will be offered at no additional cost.
7.6. It is the responsibility of the Client to provide the Operator with arrival details at least 7 working days ahead of the scheduled arrival date, in order to facilitate a Meet & Greet service (when booked). The Operator cannot be held responsible for any delays to the Guest gaining access to the reserved Apartment if arrival details have not been provided.
7.7. The Client is requested to ensure that its Guest inspects the Apartment immediately upon arrival, either with or without a representative of the Operator. Unless the Operator receives notification otherwise within 24 hours of arrival, the Operator will be entitled to assume that the Client and Guest have fully accepted that the condition of the Apartment is as expected and booked and suitable for the purpose of the intended booking and the Client and/or the Guest will waive any right to claim otherwise.
7.8. A registration form may be required to be completed by the Guest on arrival. This will be presented at the Meet & Greet service by the Operator where scheduled, or left in the apartment for completion by the Guest.
8. THE CLIENT’S OBLIGATIONS
8.1. The Client shall throughout the Hire Period ensure that it and its Guests (as appropriate):
1.use the Apartment as private residential accommodation only;
2.ensure that the number of persons using the Apartment does not exceed the maximum number allowed as notified by the Operator upon Booking and based upon the number of bed places in the Apartment;
3.keep the Apartment at all times in good repair, condition and in a clean and tidy state;
4.not repair/attempt to repair/carry out work to the Apartment or allow a third party to do so unless instructed by the Operator in writing;
5.notify the Operator immediately upon causing or becoming aware of any damage to the Apartment or its contents;
6.not allow any pets or animals to enter the Apartment unless otherwise agreed in writing with the Operator;
7.not smoke in the Apartment and common areas;
8.not cause (or invite anyone into the Apartment who causes) a nuisance or disruption to occupiers of nearby premises;
9.not behave in an abusive or threatening manner toward our staff;
10.not remove any Furniture and Appliances or other items from the Apartment without prior consent of the Operator;
11.return the Apartment at the end of the Hire Period or upon the earlier termination of this Agreement in accordance with the terms herein and in good repair, condition and in a clean and tidy state; and
12.indemnify and keep the Operator indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by the Operator (except any incurred as a result of our default) in connection with this Agreement or in connection with any use or misuse of the Apartment, except for personal injury or death caused by our negligence
8.2. The Client and its Guests agree to give the Operator or authorised representatives’ permission at all reasonable times to enter the Apartment to inspect its condition.
8.3. If the Client defaults in any of the Client obligations under this Agreement, The Operator may terminate this Agreement immediately upon notice to the Client.
8.4. The Client agrees that in the case of death, disease or bodily injury to Guests or loss or damage to Guests' property where it is possible the Operator may have any liability, it is a requirement of the Operator’s insurers that it has control over any negotiations which take place affecting such liability of the Operator.
8.5. The Client agrees that it has read and accepted the Operator’s House Rules and these Terms & Conditions and that it has passed/will pass such information on to its clients for bookings with the Operator. When the Client places a reservation enquiry or confirmed reservation with the Operator it is deemed to have accepted the corresponding Terms & Conditions as applicable to the booking.
8.6. In relation to any personal information provided or made available to the Client by the Operator, the Client shall:
1.process such information only in accordance with the Operator's authorised instructions;
2.take appropriate technical and organisational measures against unauthorised processing of such information and against accidental loss or destruction of or damage to such information; and
3.on request allow the Operator to audit Client's compliance with this clause.
8.7. The Client will assist in the communication and arrangements for the Arrival of the Guest as detailed in Clause 7.5 above.
9. SECURITY DEPOSIT & DAMAGES
9.1. Risk of damage to the Apartment and Furniture and Appliances will pass to the Guest on arrival and shall remain with the Guest until the Hire Period has expired or the Apartment is returned to the Operator in accordance with the terms of this Agreement. The Client and/or the Guest shall make good to the Operator all loss or damage whatsoever of or to the Apartment occurring during or arising from the Hire Period and all reasonable loss of rental resulting from such loss or damage. However the Client and/or Guest shall not be liable for loss or damage deemed to have been caused by fair wear and tear.
9.2. A security deposit to cover the Client/Guest obligations may be taken at or prior to arrival. This may be in the form of a payment or an authorisation to deduct payment from a debit/credit card. Any security deposit paid will be returned in full (or payment authorisation cancelled) upon the Apartment being returned to the Operator in accordance with the terms of this Agreement. Where the Client is liable for loss or damage the Operator may withhold some or all of the deposit to cover loss and damage and administration fees associated with repairing the Apartment (refer to Additional Charges for details of such administration fees).
9.3. The above clause may be superseded at the Operators’ discretion, when an indemnity term has been signed and agree to by both the Operator and the Client.
9.4. The Operator will make regular checks of the Apartment and if any damage beyond wear and tear is observed, the Guest and/or Client may be held liable for the costs of repair/replacement.
10. ADDITIONAL CHARGES
10.1. Additional Charges which may be payable include those items specified in the Booking.
10.2. In the case of Additional Charges becoming payable, the Client hereby authorises the Operator to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking the Client must pay Additional Charges by another acceptable means.
11. EXTENSIONS AND CHANGES
11.1. Should the Client wish to extend the Hire Period a request must be submitted to the Operator and the Operator may at its discretion and subject to availability, grant such request. Extension is not guaranteed and is subject to availability and payment by the Client.
11.2. In the case of an extension under clause 11.1, the Client authorises the Operator to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking the Client must pay by another acceptable means.
11.3. Payment of any agreed extension will be due on or before the commencement of the new extended period.
11.4. Extensions to existing bookings are done so at the rate already secured unless extending by the minimum required period to qualify for the next rate duration tier.
11.5. Where the apartment specified in the Booking becomes unavailable prior to the commencement of the Hire Period, The Operator reserves the right to relocate the Guest to an apartment of similar type and standard in a similar location. Where such alternative apartment is priced lower than the apartment specified in the Booking, the Agreed Price shall be reduced accordingly. Where such alternative apartment is priced higher, the Agreed Price shall remain the same.
11.6. In rare circumstances where the Operator has been served notice to vacate a building or apartment by its Landlord, the Operator will provide the Client and Guest a minimum of 30 days notice and offer to move the Guest to an alternative location at the same rate or offer a refund for the vacated period.
12. INSURANCE AND LIABILITY
12.1. The Operator shall have no liability whatsoever (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or damage to the Client or Guest’s property and any special, indirect or consequential losses or damages, and in any event, our total aggregate liability for all losses or damages suffered or incurred by the Client or Guest (whether arising through breach of contract, tort (including but not limited to negligence) or any breach of statutory duty) shall not exceed the aggregate Agreed Price paid by the Client.
12.2. The Client shall be solely responsible for and hold the Operator fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by the Operator as a result of any breach or default on the part of the Client, the Client’s employees or agents in the discharge of the Client’s obligations under this Agreement.
12.3. The Client will have selected the Apartment as being fit and suitable for the Guest’s needs. The Operator makes no warranty or representation as to the suitability or fitness for purpose of the Apartment and excludes all liability in this regard. The Client further acknowledges that although content on a website or other marketing material produced by the Operator, including any photographs, drawings or plans of the Apartment, is published in good faith, the Operator does not warrant that any of the content accurately or completely describes the exact Apartment(s) allocated to any particular booking. Actual Apartment size, design, fixtures, furnishings and facilities will vary.
12.4. The Operator does not exclude liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
13. SERVICE DELIVERY
13.1. It is the nature of the product provided by the Operator that situations beyond its control may arise from time to time. The Operator aims to provide a quality service and will do its best to solve any problems that arise.
13.2. If the Client wishes to raise anything that the Client or Guest is not satisfied with, they are requested to immediately inform the Operator.
13.3. As a guide, the Operator and/or its appointed representative will attend as a first response to any reported problem, and normally within 24 hours or the next business day, whichever is sooner. Where rectification is beyond the scope of the first response team, additional contractors will be booked to investigate and resolve the issue.
13.4. Further, as a guide, assistance outside of normal business hours will be prioritised to assist with the following: Emergency, fire, flood, electrical or gas failure, interruption to water supply, hot water issue, heating issue (when outside temperature is lower than 5 degrees Celsius). For calls outside of business hours regarding other requests, a response where possible will be given, or otherwise will be handled on the next business day.
13.5. Where a problem cannot be resolved within 36 hours and it is considered crucial to the use of the apartment (heating in winter, hot water, door/window security), the Operator may propose alternative accommodation until it can be resolved.
13.6. The Operator will not be responsible for delays in resolving any disputes or complaints where it has not been given sufficient notice to respond.
14.1. The Operator may terminate this Agreement immediately by giving written notice to the Client if:
1.the Client commits any material or persistent breach of this Agreement and, if the breach is capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided that, if such breach is a repeated breach then no time to remedy need be given; or
2.the Client shall do or allow to be done any act or omission which in the opinion of the Operator may jeopardise its rights in the Apartment or any part thereof, or if the Client and/or its Guest abandons the Apartment; or
3.any sum payable by the Client under this Agreement is not received by the Operator on the due date for such payment and such non-payment is not remedied within 2 working days of the Client being given written notice by the Operator to that effect.
14.2. Upon expiry or termination of this Agreement for any reason whatsoever the Client shall:
1.pay to the Operator any Agreed Price in arrears and all other moneys due under this Agreement;
2.ensure the Guest returns the Apartment to the Operator in good repair, condition and in a clean and tidy state; and
3. indemnify the Operator against all reasonable costs incurred as a result of any failure to comply with such return conditions
14.3. Any of the Operator rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
14.4. The Operator reserves the right to recover the Apartment from the Client and/or its Guest if the Client defaults in surrendering the Apartment back to the Operator. The Client shall indemnify the Operator and keep the Operator indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Apartment.
15.1. Force Majeure.
No party will be liable to the other for delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
An omission by a party to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which that party may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. Any waiver of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.
15.3. Entire Agreement
Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed in writing by the parties. Each party also agrees that in entering into this Agreement, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of this Agreement (except those expressly set out in this Agreement) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under this Agreement and hereby waives and releases the other party in respect thereof absolutely.
This Agreement is personal to the parties. The Operator may assign its right title benefit and interest in and to this Agreement without consent of the Client. The Client may not assign its right title benefit and interest in and to this Agreement to another party without agreement from the Operator.
15.5. Rights of Third Parties
A person who is not party to this Agreement (a “third party”) has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
Any notice or demand to be given under this Agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or facsimile to the current number for that party's address as mentioned in this Agreement or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by facsimile shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.
15.7. The parties agree that any disputes arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“Agreement” means this agreement;
“Additional Charges” include, but are not restricted to, the additional charges which the Client and/or Guest as applicable are liable to pay for facilities and additional items;
“Agreed Price” means the price at which the Client agrees to hire the Apartment, as identified in the Booking or in any subsequent agreement;
“Apartment” means the apartment identified in the Booking or an apartment of similar type and standard in a similar location;
“Arrival Date” means the first day of the Hire Period, as identified in the Booking or in any subsequent agreement;
“Booking” means an offer from the Client to the Operator to hire the Apartment on the terms of this Agreement following the Client’s provision of sufficient information to enable the Operator to complete its telephone or website provisional booking process;
“Furniture and Appliances” means such furniture and appliances usually found within the Apartment and any other items which the Operator agrees to provide;
“Hire Period” means the period commencing on the Arrival Date and expiring on delivery of the Apartment back to the Operator;
“Inventory and Condition Report” means the Operator’s report on the condition of the Apartment and its contents;
“Special Terms” means additional/supplementary/replacement terms agreed as relating to a particular booking or bookings. Such Special Terms will supersede any related clauses within this agreement for the duration of the booking(s).
“VAT” means Value Added Tax at the rate in force for the time being;
“Website” means www.flyingbutler.com and any other current/future website associated with provision of services as promoted by the Operator.