Agency Terms and Conditions
Except where otherwise specified, we Ty SA Ltd of 20-22 Wenlock Road, London, England, N1 7GU (“we”, “us”, “our”) act only as an agent in respect of all bookings we take and/or make on your behalf.
We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements.
For all arrangements, your contract will be with the supplier / principal of the arrangements in question (“Supplier/Principal”). When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Supplier/Principal you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal’s liability to you. Copies of applicable conditions are available on request from us.
Please Note: You may decide to make one or more bookings with us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 or the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
By making a booking with us, you agree that you:
a. have read these Agency Terms and Conditions and agree to be bound by them;
b. consent to our use of your information in accordance with our Privacy Policy;
c. are over 18 years of age and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services; and
d. accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking and Payment
You may make a booking request by telephone, fax, e-mail or by using the online booking form on our website.
To make a valid booking request you must provide us with the following information on your behalf and on behalf of all individuals in your party:
- Name and full address;
- Email address;
- Telephone number;
- Payment details (debit and credit cards accepted and in some cases bank transfer);
- The dates for which accommodation is required; and
- The accommodation that you wish to book.
We shall endeavour to acknowledge the booking request within 24 hours of receipt and shall contact the Supplier/Principal to ascertain whether the booking request can be satisfied.
Unless a pre-existing credit agreement is in place, in order to confirm your chosen accommodation arrangements, you must pay the full cost of accommodation as required by the Supplier/Principal of the in question.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for arrangements will be held on behalf of the Supplier/Principal(s) concerned and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.
2. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
Unless stated otherwise all apartments and services are quoted exclusive of VAT (UK only) or local taxes (outside of UK) and prices are advertised on a per apartment per night basis.
3. Insurance
You are strongly recommended to take out personal travel insurance for all members of your party. Some Supplier/Principals require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
4. Special Requests
If you have any special requests please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can’t guarantee that they will be met and we will have no liability to you if they are not.
5. Changes and Cancellations by you
Any cancellation or amendment request must be sent to us in writing by email and will take effect on the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met.
Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure).
6. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal but we will have no further liability to you.
7. Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
8. Complaints
Because the contract for your arrangements is between you and the Supplier/Principal, any queries or concerns should be addressed to them. If you have a problem whilst using the arrangements, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to, may therefore be reduced or extinguished as a result.
If you wish to complain when your booking of the serviced apartment ends, you should write to the Supplier/Principal. In our capacity as an agent, we can assist you in liaising with the Supplier/Principal in an effort to resolve any complaints, please contact us for more information.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
Please note that we do not offer an alternative dispute resolution service.
9. Law and Jurisdiction
These Terms and Conditions are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with these Conditions will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
10. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal(s) in question are intended to present a general idea of the services provided by the Supplier/Principal(s) in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.
11. Accuracy of Prices and details
Important note: the information and prices shown on any advertising material that we issue may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
Supplier Terms and Conditions
You have serviced apartments that are available for rent, and we procure serviced apartments for persons who have requested that we help them to do so (“Clients”). You would like us to market to our Clients the apartments made available by you from time to time on our platform for serviced apartments on the terms and subject to the conditions set out herein.
1. Supplier Form
a. You will accurately complete our new apartment supplier form for each apartment that you would like to have included on our platform (the “Supplier Form”), which shall include the condition, price, number of bedrooms, location and the cancellation policy in respect of each such apartment.
b. We may market the availability of any apartments in respect of which you completed our Apartment Information Questionnaire as we deem appropriate, by including details which we in our absolute discretion deem appropriate on our platform.
2. Offer
a. You agree that you will provide apartment availability and pricing data regularly and will provide updated data as soon as reasonably practicable. We agree that it is our intention that real-time availability and pricing data will be provided as soon as systems allow it.
b. Once an enquiry is received by us in respect of an apartment made available by you, we agree that we will contact you as soon as possible to confirm that the relevant apartment is available on the dates requested by the Client at the price (excluding VAT) notified to us in writing (the “Price”) and you will provide such confirmation within 48 hours of being contacted by us.
c. You agree that we are entitled to treat such confirmation as an offer (the “Offer”) and that we will accept a booking from a Client based on such confirmation.
3. Supplier Acceptance
a. Upon receipt of an Offer from you, we will accept the Client’s booking and submit acceptance of the Offer on behalf of our Client to you in writing, providing inter alia the Client’s contact details and details of the occupant (“Supplier Acceptance”).
b. The Supplier Acceptance shall be deemed to be received upon transmission by us and shall constitute a contract between you and the Client whose details are set out in the Supplier Acceptance.
4. Provisional Bookings & Viewings
a. If a Client indicates to us that they wish to reserve an apartment owned by you but requires time to make a final decision, we will notify you and you agree to keep that apartment provisionally reserved exclusively for our Client for the duration of the period for which the Client wishes to make that reservation (“Provisional Booking”) for a minimum of 24 hours (the “Provisional Booking Period”) from the time you receive notification from us for the duration of the period for which the Client wishes to make that reservation.
b. If we do not supply you with a Supplier Acceptance before the end of the Provisional Booking Period and have not contacted you to make a further Provisional Booking, the Provisional Booking shall be terminated.
5. Extensions
a. If at any time following the transmission of a Supplier Acceptance, the relevant Client or its representative communicates to us that an extended stay is required (“Extended Stay”), we will communicate this instruction to you in writing, including details of the period for which the Client wishes to extend their stay (the “Extension Period”) as soon as reasonably practicable and at least 14 days before the relevant Client’s departure date in any event.
b. You agree that as long as we comply with the provisions of this clause, you will use your best endeavours to accommodate the Extended Stay in the apartment in which the Client has made a reservation or may be residing. If the relevant apartment is not available for the Extension Period, you will use your best endeavours to find alternative accommodation for the relevant Client in the same building. Any such Extended Stay will be governed by these terms and conditions, including for the avoidance of doubt, clause 7. If a Client contacts you directly in relation to an Extended Stay, you agree that you will notify us within 24 hours of receipt of any such request.
6. Payment
a. We agree that we will collect the Price in respect of a Supplier Acceptance from the Client and remit it to you within 30 days of the anticipated date of departure by the Client (the “Departure Date”) subject to clause 7.
b. You will issue to us a valid VAT invoice in respect of the Price within 14 days of receipt of a Supplier Acceptance.
7. Fees
a. In consideration for making a successful booking, the fee payable by you shall be a commission of 10 per cent. of the Price excluding VAT, including in respect of any Extended Stay (the “Fee”). We shall be entitled to deduct the Fee from the Price prior to remittance, provided that we provide you with a valid VAT invoice in respect of the Fee. We agree that the Fee shall not fall due in respect of any Cancellation.
8. Non-solicitation
a. During the term of this agreement and for 12 months from the date of termination (the “Restricted Period”), you agree that you will not canvass, solicit or otherwise seek the custom of any Client with a view to making apartment bookings directly with any such Client.
b. You also agree that you will not induce or attempt to induce any Client to cease or refrain from conducting business with us or to reduce the amount of business conducted with or vary adversely the terms upon which it conducts business with us, or do any other thing which is reasonably likely to have such an effect.
c. Any reservation made in breach of clauses 8 a.–c. will result in the Fee being payable in respect of such reservation.
d. You further agree that you will not, during the Restricted Period, offer employment to, enter into a contract for the services of, or otherwise entice or attempt to entice away from us any person who is employed by us at the date of termination. The Apartment Network 08895146 | 85 Great Portland Street London W1W 7LT | +44 20 3743 7336 | VAT 203 2410 76
9. Data Protection
a. You agree that you will process any personal data you may receive from us in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments applicable to any such data from time to time.
b. You also agree that you will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data.
10. Intellectual Property
a. You warrant to us that any photographs, names, logos, copy or materials made available by you for use by us on our platform does not infringe any intellectual property rights of any third party, nor that it constitutes any third party breach of confidence, passing off or actionable act of unfair competition.
b. You will indemnify us and keep us indemnified against all costs, claims, damages or expenses incurred by us as a result of breach of this clause.
11. Warranties
a. You warrant that at the time that any Supplier Acceptance is made that:
i. all necessary consents are in place for Clients to occupy and use the apartments made available by you for the purposes intended by these terms and conditions;
ii. all apartments made available by you are fit for purpose and comply with the descriptions of them provided in the Apartment Information Questionnaire;
iii. each apartment complies with all laws, regulations and orders (including, without limitation, gas, electrical and carbon monoxide safety regulations) to enable the use of each such apartment in the manner contemplated by these terms and conditions;
iv. if requested by us, you will supply to us within 24 hours of our request any copies of any relevant certificates or documents demonstrating compliance with relevant laws, regulations or orders;
v. the security in each apartment made available by you conforms to the standards of security reasonably expected of an apartment located in the location of each relevant apartment; and
vi. You have in place appropriate buildings and contents insurance and all other insurance applicable for the use of any apartment in the manner contemplated by this agreement.
12. Liability
a. You acknowledge that our sole role is as agent for the Client. Upon receipt of a Supplier Acceptance, you will enter into a valid and binding contract with the Client who is referred to in any Supplier Acceptance.
b. We accept no responsibility for the Client’s use of any apartment (including in respect of authorised invitees of a Client), any loss or damage to any property of any Client, any personal injury death or any other losses, claims, costs, demands, actions, proceeds, damages, expenses or other liability arising out of a Client’s use of the property.
c. You agree that you will indemnify us against all costs, claims, damages or expenses incurred by us in connection with the above.
13. Termination
a. You may notify us in writing at any time of your intention to remove an apartment from our database, and we will remove all references from any such removed apartment from our platform and take no bookings in respect of such apartment 14 days of receiving your notification.
b. We may notify in writing you at any time of our intention to remove an apartment from our platform and we remove all references to any such apartments and take no bookings in respect of it within 7 days of giving you notice.
c. Either of us may terminate these terms and conditions in writing with immediate effect:
i. in the event that the other fails to pay any amount due under this agreement on the due date and remains in default for 30 days after being notified in writing to do so;
ii. the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
iii. the other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due, or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
iv. the other party commences negotiations with all or any class of its creditors with a few to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors;
v. a petition is filed, a notice is given, a resolution is passed or an order is made for or in connection with the winding up of that other party; or
vi. a person becomes entitled to appoint a received over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party; or
vii. The other party suspends or ceases, or threatens to suspend or cease to carry on all or a substantial part of its business.
d. We may terminate these terms and conditions in writing with immediate effect:
i. if any warranty given in clause 11 of these terms and conditions is found to be untrue or misleading;
ii. if any Supplier Acceptance is not fulfilled; or
iii. the other party commits a material breach of any of these terms and conditions or any terms and conditions between you and a Client.
14. Consequences of Termination
a. If an apartment is occupied by a Client, that Client may continue to occupy that apartment for the period set out in our Supplier Acceptance and any Extended Stay.
b. If you wish to terminate occupancy by a Client for a valid reason resulting from the actions or omissions of the occupant, you will give us notice in writing of your desire to terminate the occupancy and the reasons for that termination, so that we may take up the matter directly with our Client. If there is no valid reason, or the reason given by you is disputed you will only be able to terminate the occupancy by that occupant on locating an alternative apartment for that occupant that is of equal standard and such alternative is accepted by the occupant. Where the occupant incurs expenses in connection with such relocation, you will reimburse the reasonable costs and expenses incurred by the occupant.
c. Upon termination of these terms and conditions, we will remove all apartment details from our platform and cease to accept bookings in respect of them. The Apartment Network 08895146 | 85 Great Portland Street London W1W 7LT | +44 20 3743 7336 | VAT 203 2410 76
15. Miscellaneous
a. We each agree to keep these terms and conditions and details of all Clients confidential and not disclose to any third party except as agreed by the other in writing.
b. Neither of us shall be entitled to assign this agreement without the prior written consent of the other.
c. We may from time to time vary these terms and conditions provided that we have agreement in writing from you.
16. Law
a. These terms and conditions will be governed by and construed in accordance with the laws of England and Wales, the courts of which have exclusive jurisdiction over any dispute arising out of it.