Vanilla Apartment - Terms & Conditions

These are the terms and conditions on which we will contract with you. They apply to both trade customers and consumers. If you contract as a consumer they do not affect your statutory rights.

1. INTERPRETATION

1.1 In these terms and conditions (“Conditions”) the following words have the following meanings:

“the Apartment” means the top floors of 9 – 10 Cambray Place, Cheltenham

“the Booking” means the booking of the Apartment by the Customer;

“the Company” means Vanilla Incorporated Limited;

"the Contract" means the contract entered into by the Company and the Customer in relation to the Booking;

“the Customer” means the person who makes the Booking;

“the Hire Period” means the period in which the Customer has contracted to hire out the Apartment.

1.2 Any headings in these Conditions are for convenience only and shall not affect interpretation.

2. APPLICATION OF CONDITIONS

2.1 All Contracts shall be subject to these Conditions.

2.2 Any alternative conditions or any addition, alteration or variation to these Conditions or representations about the Apartment shall not apply unless they are expressly agreed in writing and signed by the Company and nothing in these Conditions shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.3 In the event that the Contract is inconsistent with these Conditions, these Conditions shall prevail.

2.4 The Company reserves the right to carry out credit checks in relation to the Customer and shall be entitled at its sole discretion to cancel the Booking in the event that any such checks should prove unsatisfactory to the Company.

2.5 The Contract shall commence at the time of Booking and the Customer acknowledges that he has read these Conditions.

3. PRICE AND PAYMENT

3.1 The price for the hire of the Apartment shall be the prices set out on the Company’s website, unless otherwise agreed by the Company in writing.

3.2 Payment for the hire of the Apartment shall be made in full at the time of the Booking. Such payment shall be non-refundable and/or subject to the provisions of condition 5.2.

3.3 In the event that additional charges are incurred during the period of hire of the Apartment, the Company reserves the right to render an invoice for such charges.

3.4 The prices quoted on the Company’s website are, unless otherwise stated, inclusive of VAT.

3.5 Interest at the rate of 2% above the base rate from time to time of Lloyds TSB Bank plc shall be payable, both before and after any judgment, by the Customer to the Company on any overdue payments.

4. AMENDMENTS TO THE BOOKING

4.1 The Customer shall notify the Company verbally of any amendments which he wishes to make to the Booking as soon as reasonably practicable, including amendments to the Hire Period. The Company shall not be obliged to accept such amendments.

4.2 In the event that the Customer wishes to:-

4.2.1 change the date of the Hire Period and the Company is unable to accommodate the Customer with the new dates, the Company shall be entitled to charge the Customer a cancellation charge in accordance with condition 5.2;

4.2.2 reduce the Hire Period and the Company is unable to hire out the Apartment to another party for the days in which the Customer had originally agreed, the Company shall be entitled to charge the Customer a cancellation charge in accordance with condition 5.2, calculated pro-rata to the number of days in which the Hire Period has been reduced.

4.3 The Company may without notice make any changes which may materially affect the nature or the quality of the Apartment where it deems, acting reasonably, that such changes are necessary to comply with health and safety or other statutory requirements.

5. CANCELLATION OF THE BOOKING

5.1 The Company reserves the right to cancel the Booking and shall not be liable to the Customer for any loss, damages, costs or expenses of any nature whatsoever incurred caused by such cancellation where:-

5.1.1 the Company is hindered or prevented from supplying the hire of the Apartment by any cause beyond its control including but not limited to strikes, lock-outs, failure of a utility service or transport network, act of God, war, riot, civil commotion, armed conflict or terrorist attack, fire, explosion of any kind, flood, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, default of suppliers or sub-contractors; or

5.1.2 any guests of the Customer behave in a manner which the Company or a senior employee of the Company deems in its/his/her reasonable opinion to fall below acceptable standards of conduct; or

5.1.3 in the sole opinion of the Company, would lead either to the reputation of the Company being damaged or damage being caused to the property of the Company

and the Company shall not be liable to refund any pre-payments made by the Customer in the event that the Contract is cancelled as a result of circumstances set out in clause 5.2.2 and 5.2.3. For the avoidance of doubt, in the event that the Company cancels the Contract due to the occurrence of an event set out in clause 5.2.1, a full refund will be paid to the Customer.

5.2 In the event that the Customer wishes to cancel the Contract, the Company shall be entitled to retain all or part of the payment made in accordance with condition 3.2 depending upon the period of time between when the Contract is due to commence and the time it is cancelled as follows:-

Within 8 weeks of commencement of the Hire Period - 25% of the total price due

Within 6 weeks of commencement of the Hire Period – 50% of the total price due

Within 2 weeks of commencement of the Hire Period – 100% of the total price due.

6. USE OF THE APARTMENT

The Customer agrees with the Company as follows:-

6.1 not to use the Apartment or any part of it for any activities which are dangerous, offensive, noxious, illegal or immoral or which are or may become a nuisance, annoyance or disturbance to the Company or anyone else using the building in which the Apartment is situated in or the owner or occupier of any neighbouring property;

6.2 to abide by the Company’s no smoking policy throughout the Apartment;

6.3 not to bring into the Apartment:-

6.3.1 any animals, birds, reptiles or fish without the prior consent of the Company;

6.3.2 explosives, highly flammable spirits or liquid gas containers or use any naked flame in any part of the Apartment;

6.3.3 any Food and/or drink which has not been provided by the Company unless otherwise agreed by the Company in writing;

6.4 not to do anything which may result in a contravention of any statutory obligations which the Company is subject to including, but not limited to health and safety and fire regulations without first obtaining consent from the Company. The Customer agrees to indemnify the Company against all loss, costs, claims or damage suffered by any person arising from equipment, plant, machinery and other items brought on or into the Apartment by the Customer or any persons authorised by the Customer to be in occupation of the Apartment;

7. LIABILITY

7.1 The Company shall be under no liability for any loss or damage howsoever caused to the Customer’s property or the property of their guests and any term, condition or representation to the contrary whether express or implied by statute, common law or otherwise is hereby expressly excluded as far as it is possible by law to exclude it, save for fraudulent misrepresentation or liability for death or personal injury caused by the Company’s negligence to which this exclusion shall not apply.

7.2 The Customer shall be responsible for any damage caused to the Apartment, furnishings, utensils and equipment in the Apartment by any act, omission, default or neglect of the Customer or their guests and will pay to the Company on demand the amount required to make good or remedy any such damage.

7.3 Nothing in these Conditions is intended to affect any statutory rights which the Customer may have (whether in his capacity as a consumer for the purposes of the Unfair Contract Terms Act 1977 or otherwise) which may not lawfully be excluded by the Company and, in the event that any of the provisions of the Conditions are adjudged to be unlawful and/or to be void as going beyond what is reasonable in all the circumstances for the protection of the interests of the Company, such unlawful and/or void provision(s) shall be deemed to be deleted and the remaining provisions of the Conditions shall continue to apply.

8. GENERAL

8.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Customer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice.

8.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8.3 No person who is not a party to the Contract shall have the right to enforce any term of the Contract.

8.4 These Conditions shall be governed by the laws of England and Wales and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.