Please note
that payment of your deposit implies your agreement to our full terms
& conditions listed below. Here are few of those terms that are
most relevant to our guests:
All
guests must be over 21yrs old or accompanied by a parent or legal
guardian
We
do not allow stag/hen or any other events or parties to be held in
the apartments
The
maximum number of guests is that which you have paid for unless
stated in your booking confirmation
Bed
linen and towels are provided during your stay
Additional
guest beds and bedding are only provided when included within the
booking
All
electricity and gas consumption is included in the rental cost
Internet
access is provided without charge
Smoking
is not permitted in any of the apartments
Pets
are not permitted in the apartments unless previously arranged
Access
to the apartment by Glasgow City Flats will be granted at all
reasonable times for the purpose of inspection and repair or
maintenance of the apartment and fittings
We
cannot be held responsible for the occasional non-availability or
non-functioning of shared services such as elevators within the
apartment building
The
apartment must be returned in good condition and the same general
state it was received
We
reserve the right to withhold or deduct the appropriate amount from
your deposit for any of the following reasons:
Cancellation
Policy
The
date that your booking is made is known as the Confirmation Date.
Any cancellation made to us within 7 days of the Confirmation Date
will receive a full refund of the £100 deposit
Any
cancellations made after 7 days of the Confirmation Date are only
entitled to a refund at our discretion
1) Terms
and Conditions of Website Use
1.1 This page (together with the
documents referred to on it) provides the terms and conditions upon
which you may make use of the website made available and operated at
http://www.glasgowcityflats.com
(“Our Site”) and the material and services
available therefrom.
1.2 Please read these terms and
conditions of use carefully before you start to use Our Site.
1.3 By using Our Site, you accept
these terms and conditions of use and agree to abide by them. If you
do not agree to these terms and conditions of use, please refrain
from using Our Site.
2) Information
about us
2.1 Our Site is
made available and operated by Glasgow City Flats Limited of 59 James
Watt Street, Glasgow, G2 8NF (“We”,
“Our”, “Us”) and by third
parties acting on Our behalf.
2.2 We are a
company registered in Scotland under company number SC317730 whose
registered office is at 59 James Watt Street, Glasgow, G2 8NF.
3) Access
3.1 Our Site is a place for you to
ascertain general information concerning the services We offer. Our
Site is also a place for you to select and order services from Us.
3.2 Our Site is available only to
individuals and organisations that can form legally binding contracts
under applicable law. In addition, you must be over twenty one (21)
years of age to use Our Site. If you cannot form legally binding
contracts or you are under twenty one (21) years of age please leave
Our Site now.
3.3 Access to Our Site is permitted
on a temporary basis, and We reserve the right to withdraw or amend
the services (“Services”) and the material
(“Material”) made available upon or through it
without notice. Unless explicitly stated to the contrary, any
additions to Our Site, the Services or the Material shall be subject
to these terms and conditions.
3.4 We reserve the right at Our sole
discretion to restrict access to some parts or all of Our Site by
persons seeking to access Our Site.
3.5 You are responsible for making
all arrangements necessary for you to have access to Our Site. You
are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use Our Site and is
compatible with Our Site. You are also responsible for ensuring that
all persons who access Our Site through any facilities provided by
you or over which you have control are aware of these terms and
conditions and that they comply with them.
3.6 We have used reasonable
endeavours to ensure that Our Site complies with Scottish laws.
However, We make no representations that Our Site, the Services or
Material are appropriate or available for use in locations outside
Scotland. If you access Our Site from other locations you do so at
your own initiative and are responsible for compliance with all laws
applicable to such location. If accessing Our Site, the Services or
the Material is contrary to or infringes any applicable law in your
jurisdiction(s), you are not authorised to view or use Our Site, the
Services or the Material and you must exit immediately. If making the
Services or the Material or any part available in your jurisdiction
or to you is prohibited (by reason of nationality, residence or
otherwise), those Services are not offered for sale to you and the
Services and the Material is not made available to you. You accept
that if you are resident outside Scotland, you must satisfy yourself
that you are lawfully able to purchase the Services and to access Our
Site, the Services and the Material.
3.7 We make no representations and
give no warranties or guarantees, express or implied that the making
of Our Site, the Services or the Materials available in any
particular jurisdiction outside Scotland is permitted under any
applicable non-Scottish laws. We exclude all liability for any
damages, loss, costs, expenses or other liability relating to or
arising out of the purchase or attempted purchase of the Services by
persons in jurisdictions outside Scotland or who are nominees of or
trustees for citizens, residents or nationals of other countries whom
are not permitted under applicable laws to purchase the Services.
4) Availability
and operation
4.1 We shall use reasonable
endeavours to ensure that Our Site and any Services or Material are
available and operate properly at all times, however We make no
warranties in respect of the availability or operation of Our Site or
any Services or Material.
4.2 We may suspend the availability
or operation of Our Site or any Services or Material on a temporary
or indefinite basis as We may in Our sole discretion determine.
4.3 All warranties, guarantees or representations as regards the
availability or operation of Our Site and any Services or Material,
in so far as they may be excluded and other than as explicitly
specified hereunder, are excluded. We exclude all liability for any
damages, loss, costs, expenses or other liability relating to or
arising out of the availability or operation of Our Site and any
Services or Material.
5)Linking
to our site
5.1 You may link, or may procure that
a third party acting on your behalf links, to the home page of Our
Site from a website owned by you, provided that such link is provided
in a way that is fair and legal and does not damage Our reputation or
take advantage of it.
5.2 You must not establish nor
procure that any third party establishes a link to Our Site in such a
way as to suggest any form of association, approval or endorsement of
you or any entity which you represent by Us without Our explicit
prior written consent.
5.3 You must not establish nor
procure that any third party establishes a link from any website that
is not owned by you.
5.4 You must not establish nor
procure that any third party establishes a link to any page upon Our
Site other than Our home page.
5.5 You must not frame nor procure
that any third party frames Our Site on any other website.
5.6 You must not stream or aggregate
content from Our Site within another website nor procure that any
third party undertakes such activities.
5.7 We reserve the right to withdraw
Our permission to link to Our Site without notice and for whatever
reason as We may in Our sole discretion determine.
6) Links
from Our Site
6.1 Where Our Site contains a link to
a site or resource provided by a third party (a “Third Party
Site”), such a link is provided for the purposes of
information and convenience only.
6.2 The provision by Us of a link to
a Third Party Site does not represent any endorsement or
recommendation by Us in respect of that Third Party Site and does not
mean that We have any association with that Third Party Site. We
have no control over the contents of Third Party Sites.
6.3 We exclude all liability for any
damages, loss, costs, expenses or other liability arising out of any
use of or interaction with Third Party Sites.
6.4 The obligations upon you in
respect of Our Site provided for in these terms and conditions of use
shall apply equally to any and all Third Party Sites except where the
terms of use relating to a Third Party Site specify otherwise.
Subject to the foregoing, you warrant and undertake to abide by such
obligations in respect of your use of all Third Party Sites.
7) Viruses,
hacking and other offences
7.1 You must not:
7.1.1 misuse Our Site by knowingly
introducing viruses, Trojans, worms, logic bombs or other material
which is malicious or technologically harmful including that which
may damage, detrimentally interfere with, surreptitiously intercept
or expropriate Our system, data or information;
7.1.2 attempt to gain unauthorised
access to Our Site, the server on which Our Site is stored or any
server, computer or database connected to Our Site;
7.1.3 use any robot, spider, other
automatic device, or manual process to monitor or copy Our Site, or
use any device, software or routine to bypass Our robot exclusion
headers, or interfere or attempt to interfere, with Our Site;
7.1.4 use an anonymising proxy to
access Our Site;
7.1.5 attack Our Site via a
denial-of-service attack or a distributed denial-of service attack;
7.1.6 take any action that imposes an
unreasonable or disproportionately large load on Our infrastructure,
or that may cause Us to lose any of the services from Our service
providers, including Our internet or payment service providers; or
7.1.7 do, or omit to do, or attempt
to do or omit to do, any other act or thing which may interfere with
the proper operation of Our Site.
7.2 If you breach this clause We have
the right to report any such breach to the relevant law enforcement
authorities and We will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your
right to use Our Site will cease immediately.
7.3 You also understand that We
cannot and do not guarantee or warrant that any material available
for downloading from Our Site will be free from infection, viruses
and/or other code that has contaminating or destructive properties.
You are responsible for implementing sufficient procedures and virus
checks (including anti-virus and other security checks) to satisfy
your particular requirements for the accuracy of data input and
output. We exclude all liability for any damages, loss, costs,
expenses or other liability relating to or arising out of any
distributed denial-of-service attack, viruses or other
technologically harmful material that may infect computer equipment,
computer programs, data or other proprietary material due to use of
or access to Our Site, any Services or Material, or the use of or
interaction with any Third Party Site.
8) Reliance
8.1 We will do Our best to ensure
that all Material is accurate, but please note that, except where
explicitly specified otherwise, all Material is provided on an ‘as
is’ basis.
8.2 Except where explicitly stated
otherwise under these terms and conditions, the Services and Material
are general in nature and are not intended to amount to advice on
which reliance should be placed. You undertake not to rely upon the
Services or Material.
8.3 Please note that Our Site may
contain typographical errors or other inaccuracies.
8.4 Except where explicitly specified
otherwise under these terms and conditions, in so far as is
permissible under applicable law, the Services and Material are
provided without any guarantees, conditions or warranties as to their
accuracy or fitness for any particular purpose notwithstanding that
We may be aware of such a purpose and We exclude all liability for
any damages, loss, costs, expenses or other liability incurred
relating to or arising out of use made or reliance placed upon any
Services or Material or information concerning any Services or
Material. You assume total responsibility and risk for your use of
Our Site, the Services or Material.
8.5 You undertake not to provide any
information concerning any Services or Material to any third party
with a view to that third party relying upon such information.
9) Passwords
9.1 If you choose, or you are
provided with, a user identification code, login, password or any
other piece of information enabling access to Our Site or any
Services or Material, you must treat such information as
confidential, and you must not disclose it to any third party.
9.2 We reserve the right to disable
any user identification code, login, password, or any other piece of
information enabling access to Our Site or any Services or Material
at any time, for such reason as We may in Our sole discretion
determine, including without limitation if in Our opinion you have
failed to comply with any of the provisions of these terms and
conditions.
9.3 You must immediately notify Us if
you have reason to believe any user identification code, password,
login information or any other piece of information provided by Us to
you as part of Our security procedures in relation to your use Our
Site, the Services or the Materials has become known to any third
party.
10) Intellectual
property rights
10.1 Our Site, the Services and
Materials are protected by international copyright laws and other
intellectual property rights. We are the owner or the licensee of
rights (including all intellectual property rights) in or relating to
Our Site, the Services and the Material. We reserve all such rights.
10.2 Other than as explicitly
specified hereunder nothing contained in these terms and conditions
of use should be construed as granting by implication, estoppel,
personal bar or otherwise any licence or right to use Our Site, any
Services or Material without Our express written permission.
10.3 You may print off one copy any
Material from Our Site for your personal use, research or internal
business purposes.
10.4 You may copy and distribute to
third parties in an electronic or paper format extracts of Material
generally and publicly made available upon Our Site without a
requirement to register with Our Site but only in so far as may be
necessary to draw the attention of such third parties to the
availability of Services or Material upon Our Site.
10.5 You must not use, copy, modify,
adapt, create derivative works based upon, extract elements from or
reorganise any Material or any copies thereof other than as expressly
stated hereunder. In particular and without limitation you must not
use any information or images separately from any accompanying text.
Our status or that of any identified contributors as the authors of
Material must always be acknowledged. Such acknowledgement must
include the address of Our Site.
11) Material
you submit to Our Site
11.1 This clause applies to material
you submit to Our Site or utilising any Service, including comments,
reviews and recommendations. Any personal information you submit to
Our Site is additionally governed by Our Privacy and Cookie Policy.
11.2 You grant to Us a non-exclusive,
royalty free, irrevocable, perpetual licence without any form of
territorial limitation to use, copy, modify, adapt, create derivative
works based upon, extract elements from and reorganise and material
submitted by you to Our Site or utilising any Service made available
upon Our Site. This licence will be capable of sub-licence. We may
exercise all copyright and publicity rights in such material in all
jurisdictions to the fullest extent and for the full period for which
any such rights exist in that material. By submitting such material
to Us you are warranting that you have the right to grant Us this
licence. If you are not in a position to grant such a licence to Us,
please do not submit such material. You shall indemnify and shall
keep Us fully and effectively indemnified on demand from and against
all actions, claims, losses, liability, proceedings, damages, costs,
expenses, loss of business, loss of profits, business interruption
and other pecuniary or consequential loss (including legal costs and
expenses) suffered or incurred by Us and arising directly or
indirectly out of Our use and / or the publication of material
submitted by you to Our Site or utilising any Service.
11.3 In relation to any material
submitted by you to Our Site or utilising any Service you waive
absolutely all moral rights arising under Chapter 4 of the Copyright,
Designs and Patents Act 1988 and, so far as is legally possible, any
broadly equivalent rights you may have in any territory of the world.
11.4 You
warrant that any material submitted by you to Our Site or utilising
any Service shall:
11.4.1 be accurate (where it states
facts);
11.4.2 be genuinely held (where it
states opinions);
11.4.3 comply with the law applicable
in Scotland and in any country from which it is posted; and
11.4.4 be relevant.
11.5 You
warrant that any material submitted by you to Our Site or utilising
any Service shall not:
11.5.1 be defamatory of any person;
11.5.2 be obscene, offensive, hateful
or inflammatory;
11.5.3 promote discrimination based
on race, sex, religion, nationality, disability, sexual orientation
or age;
11.5.4 disclose the name, address,
telephone, mobile or fax number, e-mail address or any other personal
data in respect of any individual other than where you have the
express written permission of that individual to disclose such
information subject to and in accordance with these terms and
conditions of use;
11.5.5 infringe any copyright,
database right or trade mark of any other person;
11.5.6 breach any legal duty owed to
a third party, such as a contractual duty or a duty of confidence;
11.5.7 be in contempt of court;
11.5.8 be likely to harass, upset,
embarrass, alarm or annoy any other person;
11.5.9 impersonate any person, or
misrepresent your identity or affiliation with any person;
11.5.10 give the impression that the
contribution emanates from Us if this is not the case;
11.5.11 advocate, promote, incite any
third party to commit, or assist any unlawful or criminal act;
11.5.12 contain a statement which you
know or believe, or have reasonable grounds for believing, that
members of the public to whom the statement is, or is to be,
published are likely to understand as a direct or indirect
encouragement or other inducement to the commission, preparation or
instigation of acts of terrorism; or
11.5.13 contain any advertising or
promote any services or links to Third Party Sites.
11.6 The warranties provided for in
clause 11.4 and clause 11.5 must be complied with in spirit as well
as to the letter. We will determine, in Our sole discretion, whether
any material submitted by you to Our Site or utilising any Service
breaches these warranties. You shall indemnify and shall keep Us
fully and effectively indemnified on demand from and against all
actions, claims, losses, liability, proceedings, damages, costs,
expenses, loss of business, loss of profits, business interruption
and other pecuniary or consequential loss (including legal costs and
expenses) suffered or incurred by Us and arising directly or
indirectly out of your breach of these warranties.
11.7 We have the right to monitor any
material you submit to Our Site or utilising any Service and may (as
appropriate) edit, reject or remove such material if We believe it
does not comply with these terms and conditions. In particular, We
reserve the right to block incoming emails and other communications
if We believe that their content is or may be inappropriate or
otherwise does not comply with these terms and conditions.
11.8 Except as expressly stated
hereunder We do not moderate any material you submit to Our Site or
utilising any Service. We will not be responsible as author, editor
or publisher of any material you submit to Our Site or utilising any
Service. All such material is published in good faith but We do not
(to the extent permitted by applicable law) accept responsibility for
such content (whether published on or offline). All liability for any
damages, loss, costs, expenses or other liability incurred relating
to or arising out of Our making available material submitted to Our
Site or utilising any Service is excluded.
11.9 If you wish to complain
about any material submitted to Our Site or utilising any Service
please email us at enquiries@glasgowcityflats.com. We will
then review the material and decide whether its submission complies
with these terms and conditions.
11.10 When We consider that material
submitted to Our Site or utilising any Service breaches these terms
and conditions, We may at Our discretion take all or any of the
following actions:
11.10.1 investigation of the identity
of the person responsible for the submission of such material and the
circumstances surrounding the submission of the material, in respect
of which you undertake to provide Us with confirmation of your
identity and any other information We may require in connection
therewith and to cooperate with Us fully;
11.10.2 immediate, temporary or
permanent withdrawal of your right to use Our Site;
11.10.3 immediate, temporary or
permanent removal of any submitted material;
11.10.4 issuing a warning to you;
11.10.5 raising legal proceedings
against you for recovery of all costs resulting from the breach;
11.10.6 raising further legal action
against you;
11.10.7 disclosing such information
to law enforcement authorities or relevant third parties as We
reasonably feel is necessary to allow any aggrieved party to seek
redress or as is required by law; or
11.10.8 such other action as We
reasonably deem appropriate.
and We hereby
exclude all liability for any damages, loss, costs, expenses or other
liability relating to or arising out of the taking of all and any
such action.
12) The
Booking Service and the Database
12.1 Our Site includes the provision
of a database of properties (the “Database”) in
respect of which accommodation reservations may be made through the
operation of the Booking Service (as hereinafter defined). The
“Booking Service” is a service which allows you to
reserve accommodation time at those properties listed within the
Database (the “Properties”).
12.2Except as
expressly set out in these terms and conditions or as permitted by
applicable law, you undertake:
12.2.1 not to copy the Database (or
any part thereof);
12.2.2 not to distribute to third
parties extracts from the Database;
12.2.3 not to sub-license, translate,
merge, adapt, vary or modify the Database;
12.2.4 not to make alterations to, or
modifications of, the whole or any part of the Database nor permit
the Database or any part of it to be combined with, or become
incorporated in, any other programs or website;
12.2.5 not to disassemble, decompile,
reverse engineer or create derivative works based on nor extract the
whole, or any part, of the Database nor attempt to do any such
things; and
12.2.6 not to create any database
which is substantially similar to the Database; and
12.2.7 to ensure (including through
the employment of appropriate supervision) that your employees and
representatives and all persons who access the Booking Service and
the Database through any facilities provided by you or over which you
have control use the Booking Service and the Database in accordance
with these terms and conditions.
12.3 You acknowledge that all
intellectual property rights in the Booking Service and the Database
throughout the world belong to Us, that rights to use the Booking
Service and the Database are licensed (not transferred) to you, and
that you have no rights in or to the Booking Service or the Database
other than the right to use it in accordance with these terms and
conditions.
12.4 You must not attempt in any way
to remove or circumvent any technical protection measures applied to
the Booking Service or the Database to prevent unauthorised use,
copying or misappropriation thereof or of the intellectual property
rights relating thereto, or apply, manufacture, import, distribute,
sell, let for hire, offer, expose or advertise for sale for hire or
have in your possession for private or commercial purposes, any means
whose sole reasonable purpose is to facilitate the unauthorised
removal or circumvention of such technical protection measures.
12.5You acknowledge that the Booking
Service and the Database may not be free of errors and you agree that
the existence of any errors shall not constitute a breach of these
terms and conditions.
13) Booking Service
Procedure
13.1 Subject to your continued
adherence at all times to these terms and conditions and conditional
upon your completion of the processes provided for in this clause 13
(in particular receipt from you of any Booking Fee (as hereinafter
defined) in full and cleared funds) We will provide you with the
Booking Service. You acknowledge that in respect of the Booking
Service We are not the owner of any of the Properties and that we are
acting only as agent for the owner of the relevant Property. This
clause sets out the procedure which must be completed by you in order
for you to use the Booking Service.
13.2 You must submit to Us a request
to reserve accommodation time at a Property (a “Reservation
Request”). Reservation Requests constitute an offer by you
to purchase a licence to occupy the Property specified in such
Reservation Request for the period specified in the Reservation
Request (the “Reservation Period”). You
acknowledge that no relationship of landlord and tenant is created
between you and Us or between you and the owner of any Property under
or pursuant to these terms and conditions.
13.3 We may refuse your Reservation
Request for whatever reason We may in Our sole discretion determine.
Reservation Requests may be submitted only through the form provided
upon Our Site.
13.4 If We accept your Reservation
Request We will grant you a Reservation subject always to the
provisions of these terms and conditions. A Reservation is a licence
to occupy the Property specified in the relevant Reservation Request
for the relevant Reservation Period concluded between you and Us
acting on behalf of the owner of the relevant Property. The grant of
a Reservation is conditional upon receipt by Us in full and cleared
funds of the price for the Reservation (the “Booking Fee”).
Details concerning the Booking Fee are made available upon Our Site.
We will use reasonable endeavours to ensure that the details
concerning the Booking Fee made available upon Our Site are accurate
but We make no warranty that they shall at any point in time be
correct. At Our sole discretion we may include within the Booking Fee
a deposit against satisfaction of your liabilities hereunder (a
“Deposit”).
13.5 Upon receipt of your Reservation
Request We shall confirm receipt of such to you using online
electronic means only. Within Our confirmation (the “Confirmation”)
We will confirm:
13.5.1 the Property specified in the
Reservation Request;
13.5.2 the Reservation Period; and
13.5.3 the amount of the Booking Fee
payable by you.
13.6 If the Confirmation specifies a
Deposit the Deposit must be paid to Us on the Confirmation Date, as
hereinafter defined, unless agreed otherwise with Us. Where the
Confirmation does not specify the dates by which the Booking Fee must
be paid to Us the Booking Fee must be paid to Us within thirty (30)
days of the Confirmation Date, as hereinafter defined.
13.7 If the Confirmation is
acceptable you are required to indicate your acceptance by clicking
upon the “I Accept” button provided within the body of
the Confirmation. If the Confirmation is not acceptable to you, you
should not so indicate your acceptance. The date upon which you click
upon the “I Accept” button shall be referred to as the
“Confirmation Date”. When you click upon the “I
Accept” button a Reservation shall be deemed to have been
granted subject always to these terms and conditions.
13.8 You may cancel any Reservation
by written notice to Us provided such notice is received by Us within
seven (7) days of the Confirmation Date (the “Cancellation
Period”). In such an event We shall refund to you the whole
Booking Fee paid by you to Us in respect of such Reservation. The
granting of any cancellation requested by you beyond the Cancellation
Period shall be at Our discretion.
13.9 We reserve the right to cancel
any Reservation once granted for such reason as We may in Our sole
discretion determine provided that We refund to you the whole Booking
Fee paid by you to Us in respect of such Reservation. We may at Our
discretion offer to you accommodation at an alternative Property for
the relevant Reservation Period for not more than the Booking Fee
stated in relation to said Reservation, although you are not bound to
accept such accommodation.
14) Reservations
14.1 In connection with any
Reservation (whether granted or sought) you undertake:
14.1.1 to notify Us within the
relevant Reservation Request of any person under the age of twenty
one (21) years of age whom is intended to be permitted access to the
relevant Property, and to accompany any such persons at all times
whilst such persons have access to the relevant Property;
14.1.2 to grant access to Us and to
the owner of the relevant Property at all reasonable times inter alia
for the purposes of ensuring your compliance with these terms and
conditions;
14.1.3 not to damage or remove any
items provided within the relevant Property, not to rearrange the
position of any furniture within the relevant Property, and to
indemnify Us and the owner of the relevant Property against the full
replacement cost of any items damaged during the relevant Reservation
Period or missing from the relevant Property at the termination of
the relevant Reservation Period, in respect of which the item
inventory of the relevant Property (a copy of which can be found
within the relevant Property) shall be conclusive evidence of the
items held within the relevant Property and their state of repair at
the commencement of the relevant Reservation Period;
14.1.4 not to soil, damage or make
any alteration whatsoever to the relevant Property;
14.1.5 not to smoke or permit smoking
within the relevant Property;
14.1.6 to indemnify Us and the owner
of the relevant Property against the full repair cost of any damage
caused by you to the relevant Property (whether by act, omission,
negligence or recklessness) during the relevant Reservation Period;
14.1.7 not to permit any number of
persons greater than the authorised maximum number of persons for the
relevant Property (as specified upon Our Site or as notified by Us to
you from time to time) to occupy the relevant Property at any time
without Our prior written consent, which consent may include a
requirement to pay to Us such additional charges in respect of such
additional persons as We may in Our sole discretion specify;
14.1.8 not to allow any animal within
the relevant Property;
14.1.9 to keep the relevant Property
and any parts of any other property designated for the purpose of
access and egress to the relevant Property clean, tidy and clear of
rubbish, and to indemnify Us and the owner of the relevant Property
against the full cost of cleaning such areas where you fail to do so;
14.1.10 not to use any internet
connection made available at the relevant Property for any illegal
purpose nor for the transfer of excessive amounts of data (excessive
being in excess of any data transfer limit applicable to the internet
connection made available at the relevant Property, as notified to
you) and to indemnify Us and the owner of the relevant Property from
any loss, cost, expense or other liability arising as a consequence
of your use of any internet connection made available at the relevant
Property otherwise than in accordance with this clause;
14.1.11 to use only those parking
spaces at the relevant Property designated for the use of the
occupiers of the relevant Property;
14.1.12 not to do or permit to be
done within the relevant Property anything which is illegal or
antisocial or which may be or become a nuisance, annoyance,
inconvenience or disturbance to any owner or occupier of neighbouring
property including without limitation the staging of parties;
14.1.13 not to do anything that will
or might constitute a breach of any planning permission or any
consent, licence, permission, certificate, authorisation or approval
whether of a public or private nature required by any statutory
undertaker or any statutory public local or other authority or
regulatory body or any court of law or government department or any
of their duly authorised officers affecting the relevant Property or
which will or might vitiate in whole or in part any insurance
effected in respect of the relevant Property from time to time;
14.1.14 at all times, and in all
respects, comply with any of Our policies, procedures and rules
applicable to the relevant Property as notified to you;
14.1.15 to provide to Us photographic
identification on collection of the keys to the relevant Property and
credit card details if requested, to retain any keys or security
information allowing access to and use of the relevant Property at
all times in a safe and secure state, and not to disclose such
security information to any person, to secure the relevant Property
at the end of the relevant Reservation Period and to return all such
keys and delete all copies of any such security information held by
you at the end of the relevant Reservation Period; and
14.1.16 to procure due observance of
these terms and conditions by any person whom you permit on the
relevant Property (or on any parts of any other property designated
for the purpose of access and egress to the relevant Property).
14.2 You acknowledge:
14.2.1 that neither We nor the owner
of any relevant Property has any control over any activities
conducted within any property neighbouring or in the vicinity of the
relevant Property;
14.2.2 that neither We nor the owner
of any relevant Property guarantee or warrant the availability or
operation of any shared services applicable to the relevant Property
including without limitation any lift or entry phone;
14.2.3 that any internet connection
made available at the relevant Property is not warranted or
guaranteed to be secure or available for any period of time;
14.2.4 that the use of any parking
facilities at the relevant Property is undertaken at your own risk;
14.2.5 that it is the responsibility
of the owner of the relevant Property to maintain the relevant
Property in a fit for purpose state and that no warranty, guarantee
or representation is made by Us in respect of such matters;
14.2.6 that it is the responsibility
and obligation of the owner of the Relevant Property to obtain and
maintain insurances in respect of the relevant Property including
without limitation public liability insurance; and
14.2.7 that any claims relating to
the fitness for purpose or similar matters of the relevant Property
are to be conducted by you in relation to the owner of the relevant
Property.
14.3 The provisions of these terms
and conditions relating to Reservations may be enforced or relied
upon by the owner of any relevant Property.
14.4 We shall use reasonable
endeavours:
14.4.1 to provide at the commencement
of the relevant Reservation Period a reasonable amount of tea,
coffee, sugar, salt, pepper, basic cleaning and toiletry materials,
towels and bed linen at the relevant Property; and
14.4.2 at your request to provide a
cleaning service in respect of the relevant Property at such rates as
We may in Our sole discretion determine from time to time.
14.5 Unless agreed otherwise
Reservation Periods shall commence at 4.00pm local time on the first
day of the Reservation Period and shall cease at 11.00am local time
on the last day of the Reservation Period.
15) Payments
15.1 Upon the provision of your
Confirmation you will be forwarded to the website of Our chosen
payment services provider (the “Payment Website”)
in order to remit to Us the Booking Fee. You must remit the Booking
Fee using the payment methods (the “Payment Methods”)
provided for upon the Payment Website or by telephoning Us on 0141
226 3534. You may not remit the Booking fee to Us using any other
method.
15.2 You acknowledge that the Payment
Website is a website made available by a third party and as such We
do not have control over its operation. We exclude all liability for
any damages, loss, costs, expenses or other liability relating to or
arising out of your use of or interaction with the Payment Website.
15.3 In respect of your use of the
Payment Methods you undertake and warrant:
15.3.1 to abide by any terms and
conditions relating to use of or interaction with the Payment
Website;
15.3.2 that any information submitted
by you using the Payment Methods will not be false, inaccurate or
misleading; and
15.3.3 not to engage or attempt to
engage in any potentially fraudulent or unauthorised activity or any
activity that does or may present a credit or fraud risk to Us, the
provider of the Payment Methods, the Payment Website or any third
party.
15.4 We shall only be obliged to
provide you with a Reservation once We have received from you in full
and cleared funds the Booking Fee.
15.5 The Booking fee is inclusive of
all applicable taxes and duties due and payable in the United Kingdom
as a result of the provision of a Reservation by Us to you. If the
provision of a Reservation by Us to you in the territory from which
you access Our Site gives rise to an obligation to remit any tax,
duty or similar payment to any authority other than those authorities
resident in the United Kingdom you shall be responsible for
satisfying such liability. You shall indemnify and shall keep Us
fully and effectively indemnified on demand from and against all such
liability.
15.6 We reserve the right to request
additional information from you in relation to your payment of the
Booking Fee for any reasonable purpose, including allowing Us to
properly verify your identity, investigate alleged fraudulent
activities and to allow Us to comply with anti-money laundering
obligations. You agree to comply with any request for further
information as We reasonably require within such period as We may
reasonably require. This may include, without limitation, requiring
you to fax, email or otherwise send certain identification documents
to Us.
15.7 You agree that your provision of
information utilising the Payment Method chosen by you (your
“Specified Payment Method”) constitutes your
authorisation to Us to collect (or procure the collection of) the
Booking Fee using the Specified Payment Method. You acknowledge that
once you have provided such authorisation, you will not be able to
cancel such authorisation.
15.8 You grant Us the right to
resubmit (or procure the resubmission of) any payment made by you
hereunder using your Specified Payment Method that is returned for
insufficient or uncollected funds. You warrant that you have the
authority and permission to provide details of the Specified Payment
Method and to authorise and permit Us to collect (or procure the
collection of) the Booking Fee using the Specified Payment Method.
15.9 Nothing
in these terms and conditions is intended to affect Our legal right
or that of Our service providers in the United Kingdom to impose a
surcharge for a debit or credit card transaction under the Credit
Cards (Price Discrimination) Order 1990.
15.10 We only accept payment of the
Booking Fee in pounds Sterling. If any payment made by you hereunder
requires a currency conversion to be made, the amount of the exchange
rate and any related fees will be determined by the provider of your
Specified Payment Method at the time such provider processes the
transfer of the Booking fee to Us or Our service providers. You shall
be responsible for meeting any such fees.
15.11 Any payments made by you
hereunder may appear on any statement provided to you by the provider
of your Specified Payment Method under the name of Our service
providers or in combination with Our name, reference or internet
address.
15.12 We may, at our reasonable
discretion (for example, without limitation, to limit fraud or credit
risk), impose limits on the payments you can remit using the Payment
Methods.
15.13 We may review (or procure the
review of) any information you submit through the Payment Methods or
in connection with your payment of the Booking Fee prior to
collecting (or procuring the collection of) the Booking Fee using the
Specified Payment Method. This review may be carried out including
but not limited in connection with fraud prevention purposes.
Following such review We may withhold or refrain from collecting (or
procuring the collection of) the Booking Fee using the Specified
Payment Method. Any such review is not a representation by Us as to
your character or reputation.
15.14 In the event that the provider
of your Specified Payment Method acting on your behalf seeks the
return of any amounts paid to Us or disputes Our authorisation to
collect (or procure the collection of) any amounts due to Us (a
“Chargeback”) you agree to on Our request
subrogate or otherwise assign to Us your rights against any third
parties related to such Chargeback, and agree that We may pursue
those rights directly or on your behalf as We may in Our sole
discretion determine.
15.15 You undertake not to use your
Specified Payment Method:
15.15.1 in a manner that results in
or may result in Chargebacks, or the creation of liability upon Us to
pay any additional sums, including without limitation any fees or
fines to any third party;
15.15.2 in a manner that We or any
financial institution reasonably believe to be an abuse of the
banking industry’s reversal process, credit card system or a
violation of credit card association rules, or in a manner that
results in or may result in any liability to, complaint by or dispute
with any third party;
15.15.3 to test credit card
behaviour; or
15.15.4 when you have a rating within
any credit reporting agency indicating a high level of risk
associated with your use of services similar to the Specified Payment
Method.
15.16 When amounts due hereunder are
collected by Us using the Specified Payment Method you are liable to
Us for such amounts plus any additional sums due to be paid by Us to
any third party if the payment of such amounts is later invalidated
for any reason (including without limitation any fees or fines due to
be paid to third parties).
15.17 We make no representation or
warranty regarding the amount of time taken to complete transfer of
the Booking Fee from the provider of your Specified Payment Method to
Us.
15.18 If the Booking Fee includes a
Deposit, provided that We are not required to apply the Deposit (or
any part thereof) to the satisfaction of your liabilities hereunder,
We shall refund the Deposit to you within thirty (30) days of the
completion of the relevant Reservation Period.
15.19 You agree that We may satisfy
any indemnities granted by you hereunder or any liability of you to
Us in full through use of your Specified Payment Method.
15.20 You consent to the providers of
the Payment Website and your Specified Payment Website disclosing to
Us information concerning any payments made by you hereunder and
details of your Specified Payment Method and Our subsequent
disclosure thereof in so far as may be necessary to enable Us to
properly exercise Our rights under these terms and conditions.
16) Exclusions
16.1 The terms of Our Privacy and
Cookie Policy shall form part of these terms and conditions.
16.2 These terms and conditions and
Our Privacy and Cookie Policy set out the full extent of Our
obligations and liabilities in respect of Our Site and the Booking
Service. In particular, there are no conditions, warranties,
representations or other terms, express or implied, that are binding
upon Us except as specifically stated in these terms and conditions
and Our Privacy and Cookie Policy. In so far as is possible We
exclude all conditions, warranties, representations and other terms
which might otherwise be implied by statute or common law other than
those expressly stated hereunder.
16.3 Where We exclude liability under
these terms and conditions, such exclusion shall include liability
for any direct, indirect or consequential loss, damage, expense,
costs, delays or other liability whatsoever, including, without
limitation any liability for loss of income or revenue, loss of
business, loss of profits or contracts, loss of anticipated savings,
loss of data, loss of goodwill, failure of transmission,
communication, computer or other facilities, failure, error or delay
in the sending of any notice, communication or instruction via any
medium whatsoever, wasted management or office time, and for any
other loss or damage of any kind, however arising and whether caused
by delict (including negligence), breach of contract or otherwise,
even if foreseeable.
16.4 If We are liable to you for any
reason, Our liability will be limited to the amount of the Booking
Fee paid by you.
16.5 The exclusions of liability
hereunder do not affect Our liability for death or personal injury
arising from Our negligence, or Our liability for fraudulent
misrepresentation, or any other liability which cannot be excluded or
limited under applicable law.
16.6 The exclusions of liability
expressed hereunder in so far as they apply to Us shall apply to any
third parties connected to Us (including Our subcontractors,
servants, employees, representatives and agents).
17) Transfer
17.1 These terms and conditions are
binding on you and on your successors and assigns.
17.2 You may not sublicense, rent,
lease, transfer, assign, charge or otherwise dispose of any of your
rights or obligations arising hereunder, without Our prior written
consent.
17.3 We may sublicense, rent, lease,
transfer, assign, charge, sub-contract or otherwise dispose of any of
Our rights or obligations arising hereunder at any time.
18) Breach
18.1 If you breach any of these terms
and conditions of use, all of your rights hereunder including your
right to use Our Site, the Services, the Material and the Booking
Service will cease immediately.
18.2 If We have reason to believe
that you have breached these terms and conditions or are likely to
breach these terms and conditions We may take action to protect
ourselves, Our service providers and third parties from liability,
including but not limited to contacting relevant third parties and
disclosing information collected (or which have procured the
collection of) from You.
18.3 You are responsible for all
losses, costs, expenses, claims, demands or other liability
(including legal fees) incurred by Us, Our service providers or any
third parties caused by or arising from your breach of these terms
and conditions. You shall indemnify and shall keep Us fully and
effectively indemnified on demand from and against all actions,
claims, losses, liability, proceedings, damages, costs, expenses,
loss of business, loss of profits, business interruption and other
pecuniary or consequential loss (including legal costs and expenses)
suffered or incurred by Us and arising directly or indirectly out of
your breach of these terms and conditions.
19) Force
majeure
We will not be
liable for any failure to perform any obligation hereunder due to
causes beyond Our reasonable control.
20) Third
parties
Except where
expressly stated hereunder these terms and conditions do not confer
any rights on any person or party other than you and Us.
21) Variation
21.1 We may change the Services or
Material at any time.
21.2 Any Material may be out of date
at any given time, and We are under no obligation to update any
Material.
21.3 We reserve the right to change
these terms and conditions at any time by amending this page or the
page containing Our Privacy and Cookie Policy. Any such change in
these terms and conditions or Our Privacy and Cookie Policy will be
effective once reflected in the text of these terms and conditions or
Our Privacy and Cookie Policy (as appropriate) as published on Our
Site. You undertake to check this page and the page containing Our
Privacy and Cookie Policy from time to time to take notice of any
changes We have made, as they are binding on you.
21.4 Some of the provisions contained
in these terms and conditions and Our Privacy and Cookie Policy may
also be superseded by provisions or notices published elsewhere on
Our Site.
22) Waiver
If We fail at
any time to insist upon strict performance of any of your obligations
under these terms and conditions, or if We fail to exercise any of
the rights or remedies to which We are entitled under these terms and
conditions, this shall not constitute a waiver of such rights or
remedies and shall not relieve you from compliance with such
obligations.
23) Severability and
entire agreement
23.1 If any of these terms and
conditions are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the
fullest extent permitted by law.
23.2 These terms and conditions, Our
Privacy and Cookie Policy, together with any provisions or notices
published elsewhere on Our Site which supersede the aforementioned,
are the whole agreement between you and Us. You acknowledge that you
have not entered into the obligations provided for hereunder in
reliance upon any statement, warranty or representation made by Us or
any other person and you irrevocably and unconditionally waive any
rights to claim damages and/or to rescind your obligations hereunder
by reason of any misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the aforementioned.
24) Notices
to You
24.1 We will communicate with you in
English only. You agree that We may provide a notice to you by
posting it on Our Site or emailing it to the email address provided
by you to the email address provided by You when registering to
access Our Site.
24.2 With the exception of amendments
to these terms and conditions and Our Privacy and Cookie Policy which
shall have immediate effect following posting upon Our Site, such
notices shall be deemed to have been received by you on the expiry of
a period of twenty four (24) hours from the point in time it is
emailed to you.
25) Notices
to us
25.1 You may only notify Us in
connection with any matter arising under these terms and conditions
by emailing Us at
enquiries@glasgowcityflats.com.
25.2 Any notification shall be deemed
to have been received by Us on the expiry of a period of seventy two
(72) hours. For the purposes of determining this period all weekends
and public holidays in Scotland shall be excluded.
26) Jurisdiction
and applicable law
The
interpretation, construction, effect and enforceability of these
terms and conditions of use are governed by Scots law, and you agree
to submit to the exclusive jurisdiction of the Scottish courts for
the determination of disputes related thereto.