In these Terms and Conditions, the following expressions shall bear the following meanings:
"Apartment" shall mean the apartment booked by the Guest, details of which are presented on the Site and identified in the Confirmation.
"Booking" shall mean the booking requested by the Guest and confirmed by the Company in the Confirmation.
"Booking Information" shall mean the information required to be given by the Guest in making the Booking including, without limitation, the Guest's full name, valid permanent residential address, valid credit or debit card details, mobile number and email address.
"Booking Process" shall mean the booking process undertaken by the Company including the receipt by the Company of all of the Booking Information and the satisfactory completion of the Identification and Security Checks.
"Breach" shall mean any breach by the Guest of these Terms and Conditions.
"Card" shall mean the credit or debit card, details of which have been supplied to the Company by the Guest for the purpose of the Booking.
"Confirmation" shall mean the confirmation of the Booking issued by the Company following completion of the Booking Process.
"Company" shall mean stayingcool ltd, whose registered office is at Rotunda, 150 New Street, Birmingham B2 4PA.
"Contents" shall mean the contents of the Apartment including without limitation the furniture, furnishings, fittings, decorations, appliances and equipment.
"Damage Deposit" shall mean, in respect of any two or three bedroom apartment for a Stay comprising of either a Friday or Saturday night, the automatic sum of £250 and a discretionary deposit of up to £250 for any apartment type, on any day of the week.
"Extras" shall mean the cost of any additional items or services purchased or ordered by the Guest during the Stay.
"Final Cost of Stay" shall mean the final total cost of the Stay including the Total Booking Cost together with any Liability.
"Guest" shall mean the person(s) authorised to
stay in the apartment during the Stay, being the Principal Guest
together with any other Permitted Guests.
"Identification and Security Checks" shall mean such checks as the Company shall from time to time deem necessary in order to validate the Booking Information.
"Liability" shall mean the total amount for which the Guest is liable in respect of any Breach as set in these Terms and Conditions.
"Permitted Guests" shall mean such number of guests due to stay in the Apartment as shall have been notified to the Company by the Principal Guest as part of the Booking Information and subject to the maximum number of persons permitted to stay in the Apartment as set out in the Terms and Conditions.
"Pre-authorisation" shall mean the pre-authorisation on the Principal Guest's credit card of the Damage Deposit Amount.
"Principal Guest" shall mean the person making the Booking, details of whom have been provided in the Booking Information.
"Site" shall mean the website www.stayingcool.com.
"Stay" shall mean the Guest's stay in the Apartment comprising the number of nights booked by the Guest.
"Total Booking Cost" shall mean the total amount payable for the Apartment for the Stay.
2. Terms and Conditions
This Booking is made subject to the following Terms and Conditions:
2.1.1 Upon making the Booking, the Total Booking Cost shall either:
a) be payable in full by the Principal Guest and shall be non-refundable in the event of cancellation at any time following Confirmation in the case of an Advance Purchase Rate.
b) be payable in full on check-in by the Principal Guest and shall be non-refundable in the event of cancellation within 48 hours of arrival eg if you are checking in on Monday, you have up until midday on the preceeding Saturday to cancel without penalties.
2.1.2 For Advance Purchase Rate bookings, in the event that the Total Booking Cost has not been paid within 24 hours of booking eg credit card declines then the Company reserves the right to transfer the Booking to the Company's standard rate which will incur an additional fee of up to £30 per night.
2.1.3 For Advance Purchase Rate bookings, the Guest shall be permitted to change the date of the Booking no later than three days prior to the Stay, subject to availability. For example, if your stay is on a Saturday night then you can change your booking anytime up until midnight on the Wednesday evening before your stay. This amount paid will act as a credit towards the cost of the new booking dates. The applicable rate can be found by entering the new Stay dates on the Site.
2.1.4 In the event that the Guest wishes to order any Extras, such Extras shall be payable in full upon ordering.
2.1.5 Where applicable the Company will undertake the Pre-Authorisation at check-in and shall release the Damage Deposit following check-out provided there is no Liability.
2.1.6 Following check-out by the Guest, the Company shall ensure that the Final Cost of Stay is available in invoice format via the Principal Guest's account on the Site. In the event that any Liability is due to be paid, the Guest authorises the Company to take such amount directly from the credit card used for payment of the Total Booking Cost. In the event that the Company is unable to take payment for any Liability from such card the Guest shall make payment of the Liability forthwith. Failure to make any such payment fully within seven days of dispatch of the statement shall render the Guest liable to interest on any outstanding amounts at the rate of four per cent over Bank of England base rate.
2.2 Booking Confirmation
2.2.1 The Booking will become valid and effective only upon completion by the Company of the Booking Process and dispatch by the Company to the Principal Guest of the Confirmation.
2.2.2 In the event that the Company is unable to complete the Booking Process it shall notify the Principal Guest and provide an opportunity for the Principal Guest to provide any Booking Information which may be missing or which cannot be validated. In the event that the Company is still unable to complete the Booking Process the Company shall notify the Principal Guest that the Booking has not been confirmed.
2.2.3 In the event that, following the Confirmation, the Apartment is not available for any reason in respect of all or part of the Stay, the Company shall notify the Principal Guest as soon as reasonably practicable. In such circumstances the Company shall use all reasonable endeavours to offer the Guest a suitable alternative apartment. In the event that the Company is unable to offer the Guest a suitable alternative apartment, it shall refund the Total Cost of Stay to the Guest, provided that under no circumstances shall the Company be obliged to the pay to the Guest any further sum(s) by way of compensation or damages arising from such cancellation.
2.3.1 The Apartment shall, subject to the terms of paragraph 2.4.15 below, be available exclusively to the Guest from 15:00 on the first day of the Stay until 12.00 noon on the final day of the Stay.
2.3.2 The Guest may be able to enter or leave luggage outside of these times during the Stay at the discretion of the Company.
2.3.3 The Guest may be able to 'check-in' earlier or 'check-out' later by prior agreement with and at the discretion of the Company.
2.3.4 The keys to the Apartment will be either collected by the Guest (UK) or posted (Barcelona) to the Guest by the Company as set out in the Booking Confirmation. At the end of the Stay the Guest shall leave the keys (and fob) as directed. Failure to do so shall incur, by way of Liability, a charge of £115 to help cover the cost of replacement keys and fobs.
2.4 Terms of Stay
2.4.1 The Apartment shall only be occupied by the Guest, which shall include the Principal Guest. No-one other than the Principal Guest shall be permitted to make the Booking on behalf of a Guest without the express consent of the Company.
2.4.2 The Principal Guest will be aged 21 or over.
2.4.3 The Principal Guest shall at all times be responsible for the acts and/or omissions of the Guests and shall be liable to the Company in full for the responsibilities, obligations and liabilities of the Guest as set out in these Terms and Conditions.
2.4.4 The Guest shall not authorise or permit any other person(s) to enter or stay in the Apartment without the prior approval of the Company.
2.4.5 The maximum number of persons permitted to stay in the Apartment shall be:
184.108.40.206 In the case of a studio or one-bedroom apartment, two
220.127.116.11 In the case of a two-bedroom apartment, four
18.104.22.168 In the case of a three-bedroom apartment, six.
2.4.6 The Guest shall not smoke in the Apartment. In the event that the Guest does smoke in the Apartment the Company shall be entitled to charge the Principal Guest the sum of £150.00 (one hundred and fifty pounds) by way of Liability to cover the additional costs of cleaning, freshening and airing the Apartment over a 24 hour period. Any damages caused will be charged for in addition to this fee.
2.4.7 The Guest shall not allow any pets or other animals to enter or stay in the Apartment.
2.4.8 The Guest shall at all times treat the Apartment and the Contents with care and respect and keep the Apartment at all times reasonably clean and tidy. In the event that the Guest causes any damage to the Apartment, or any damage to, or loss of any of the Contents, the Guest shall be responsible in full by way of Liability for such cost of any repair(s) or replacements as the Company shall reasonably determine.
2.4.9 The Guest shall not undertake any filming or photography in the apartment for their personal or their business' financial gain without the prior agreement of the Company. In the event of a breach of this clause the Guest agrees to the immediate and minimum payment of £500 (five hundred pounds) and to vacate the apartment immediately. The Company may also reasonably determine that further payments are due. Under no circumstances will a refund be given for the Booking fee.
2.4.10 Under no circumstances may any pornographic, underwear, swimwear or 'glamour' filming or photography take place in the Apartment. A fixed penalty fee of £1,000 will be immediately payable and all film or photographs will have to be destroyed by the Guest and withdrawn from any publications or websites immediately.
2.4.11 The Guest shall have respect for other residents in the vicinity of the Apartment and shall not cause or allow to occur any unreasonable noise or other nuisance. In the event that the Guest does cause, or allow to cause, unreasonable noise or other nuisance in the Apartment the Company shall be entitled to charge the Principal Guest the sum of £250.00 (two hundred fifty pounds) by way of Liability to cover the additional costs of dealing with the disturbance.
2.4.12 The Guest shall vacate the Apartment at the end of the Stay and other than the rights set out in these Terms and Conditions shall not acquire any other rights in or in relation to the Apartment. For the avoidance of doubt neither the Booking nor the Stay shall amount to any form of lease tenancy or other property right in respect of the Apartment.
2.4.13 In the event that the Guest breaches any of the terms set out in paragraph 2.4 the Company may at its absolute discretion require the Guest either to remedy such breach or to vacate the Apartment forthwith. Such right shall be without prejudice to any other rights or obligations set out in these Terms and Conditions.
2.4.14 The Company shall not be liable to the Guest for any loss or damage, direct or indirect, to its property, or person, however caused arising from the Stay (other than any personal injury caused to the Guest arising directly from the negligence of the Company).
2.4.15 The Company will take a copy of a recognised form of Identity such as a driver's licence or passport and retain this on its secure Bookings database for a maximum period of 13 months to guard against identity theft and credit card fraud. For more information please see our Data Protection Policy at www.stayingcool.com.
2.4.16 At any times during the Stay the Company may either itself, or permit others, to enter the Apartment in order to carry out necessary repairs or in order to reasonably assess or prevent any breaches of these Terms and Conditions by the Guest. The Company will at all times try to give prior warning.
2.4.17 The Company does not guarantee the security of any Guest's vehicle and/or its contents. If the Guest drives to Rotunda and parks in either of the two car parks used by the Company (the Bullring car park or the Martin's Gate car park), the Company cannot guarantee that people will not enter either the and cause damage to your car and/or its contents. The Guest is therefore parking in either car park at their own risk.
2.5 Governing Law
These Terms and Conditions shall be governed by English law and the parties agree to the exclusive jurisdiction of the Courts of England and Wales.
June 2013Staying Cool at the Rotunda
""..our apartment was equipped with a fully functioning kitchen, replete with oranges for juicing, a juicer, coffee grounds for grinding, a coffee machine, and the most swaggy open-plan living room, framed by a seemingly endless view..."" Wonderland Magazine
"Leave the curtains open and wake up to the panoramic views from floor-to-ceiling windows." Time Out
"The New York Times recently named our second city as one of the hottest destinations for 2012...Its favourite place to stay? Staying Cool's apartments atop the Rotunda..." The Sunday Times