Booking Terms & Conditions
We provide a platform through this Website for you to reserve apartments advertised by our Property Partners. By accepting your Booking Request through the Website we are acting solely as an intermediary between you and the Property Partner for the Serviced Apartment you book. The Property Partner has authorised us to act as its agent to take bookings for its serviced apartments through this Website.
We transmit the details of your Booking Request to the Property Partner and send you a Confirmation of your Contract for and on behalf of the Property Partner. Our sole obligation to you is to provide a booking service for and on behalf of our Property Partners in accordance with these Terms.
When a Confirmation is issued, you will be entering into a legally binding contract for the provision of the Serviced Apartment directly with the applicable Property Partner. We are not party to the contract between you and the Property Partner and we accept no liability for the acts or failure to act by any Property Partner connected with your booking.
By making a Booking Request through the Website you confirm that you have read and agree to these Terms and the Terms of Stay displayed on this Website on the date of your Booking Request. The Terms of Stay are provided by Property Partner and are contained within the description of each Serviced Apartment. If you do not fully agree to these Terms and the relevant Terms of Stay, you are not authorised to make a Booking Request.
The Contract between you and the Property Partner will consist of these Terms, the applicable Terms of Stay and the Confirmation.
1.1 The following definitions in this clause apply in these Terms:
1.1.1 Additional Services means additional services which may be offered to you and/or Guests by the Property Partner subject to the Terms of Stay or any other terms provided to you by the Property Partner in relation to a Serviced Apartment, including but not limited to dry cleaning and laundry services, transfer services, internet and telephone services and call out services, as applicable
1.1.2 Booking Period means the period during which you and/or Guests are entitled to occupy the Serviced Apartment as set out in the Confirmation;
1.1.3 Booking Request means a request made by you through the Website to book a Serviced Apartment for you and/or Guests for a specified period subject to these Terms and the Terms of Stay or a request by you to us to book any alternative Serviced Apartment that we suggest;
1.1.4 Cancellation Fee means the charge payable by you in the event that you cancel a Contract or we cancel a Contract in accordance with clause 9.3 (as applicable) as set out in the Terms of Stay (and if no cancellation fee is specified in the Terms of Stay, the cancellation fee set out in clause 5 of these Terms will apply);
1.1.5 Confirmation means the written confirmation of your Booking Request emailed to you by us when your Booking Request has been accepted by the Property Partner. The confirmation shall detail the Serviced Apartment, Booking Period and the amount due from you in accordance with the payment terms set out in the Terms of Stay and shall also include a copy of these Terms and the Terms of Stay for the property booked;
1.1.6 Contract means the contract between you and the Property Partner for your confirmed booking of the Serviced Apartment consisting of these Terms, the applicable Terms of Stay and the Confirmation;
1.1.7 Guest means the person or persons who are named in the Booking Request or otherwise authorised by the Property Partner in writing to use a Serviced Apartment during the Booking Period and this does not include you;
1.1.8 our / us / we means William Hemming Associates Limited, a company registered in England and Wales whose registered address is at Nell Gwynn House, Sloane Avenue, SW3 3AX and whose company registration number is 10622622.
1.1.9 Property Partner means the owner or provider of the Serviced Apartment;
1.1.10 Serviced Apartment means the apartment advertised on the Website (or offered to you in accordance with clause 2.10) for which you have made a Booking Request and for which we have issued a Confirmation;
1.1.11 Serviced Apartment Rates means the fees payable for the Serviced Apartment, as set out in the Terms of Stay for the full Booking Period. For the avoidance of doubt, the Serviced Apartment Rates do not include the cost of any Additional Services;
1.1.12 Terms means these booking terms and conditions;
1.1.13 Terms of Stay the Property Partner's terms and conditions displayed on the Website (and also provided to you within the Confirmation), which may include details of the booking procedure, Serviced Apartment Rates, payment period and terms, applicable security deposit, cancellation policy, extension policy and any Additional Services in respect of the relevant Serviced Apartment;
1.1.14 Website means www.williamhemming.com
1.1.15 Working Day means a day on which banks generally open for business in the City of London excluding Saturdays or Sundays;
1.1.16 you / your means the person, firm or company who makes a Booking Request on behalf of yourself and/or on behalf of Guests.
2. BOOKING REQUESTS
2.1 Please ensure that you read and understand these Terms and the Terms of Stay before you make a Booking Request. The Terms of Stay are provided by the Property Partner providing the Serviced Apartment and may limit or exclude the Property Partner's liability to you. By submitting a Booking Request you are confirming that you agree to these Terms and the Terms of Stay.
2.2 You must be at least 18 years old to make a Booking Request.
2.3 If you are making a Booking Request as an individual (rather than on behalf of a business) please include your credit card details in the Booking Request as we are unable to issue a Confirmation of your booking without these details.
2.4 Please let us know if you are aware of any medical conditions, disabilities or other requirements that may affect your booking when you make your Booking Request.
2.5 Please check that the details in your Booking Request are complete and accurate, before you submit it.
2.6 We will endeavour to contact you with a Booking Request Response as soon as possible and at least within 2 Working Days from when you make your Booking Request.
2.7 Please check the details in the Confirmation carefully. If anything is incorrect, you must inform us immediately.
3.1 Payment must be made in pounds sterling and payment can be made by debit or credit card. Please note that any credit card payments refunded on cancelled bookings may take up to 10 working days to reach the cardholders account. We do not accept payment by AMEX.
3.2 Property Partners may require that payment is made in advance, and therefore your credit card may be pre-authorised or charged when the Confirmation is issued. Please check the payment terms in the Terms of Stay carefully for any such conditions prior to making your Booking Request.
3.3 The Property Partner may also require payment of a security deposit to cover any damage to the Serviced Apartment or breakages during the Booking Period, cleaning charges if the Serviced Apartment is left in an unsatisfactory condition and the non-payment of Additional Services. If this applies to your Serviced Apartment it will be set out in the Terms of Stay. We, acting as agent of the Property Partner, shall require a pre-authorisation of your credit card for the amount requested by the Property Partner when the Confirmation is issued. We will only charge your credit card if requested to do so on behalf of the Property Partner and in accordance with the relevant Terms of Stay. As we are only acting as agent on behalf of the Property Partner, any dispute about the security deposit and any deductions must be taken up with the Property Partner directly.
3.4 If you do not make any payment due under the Contract by the required date we, on behalf of the Property Partner, are entitled to assume that you want to cancel your Contract. In this case, your Contract will be cancelled immediately and the provisions in clause 5 shall apply.
3.5 Any Additional Services offered to you and/or Guests by the Property Partner shall be subject to separate fees and terms between you and/or Guests and the Property Partner.
4.1 Please let us know as soon as possible if you want to change any of the details of your original Booking Request. We will pass on any change requests to the Property Partner but we cannot guarantee that the Property Partner will be able to meet your request. In the event that the Property Partner cannot accommodate your changes and you wish to cancel your Contract the Cancellation Fee will be payable in accordance with clause 5.
5. CANCELLATION BY YOU
5.1 By making a Booking Request you agree to the relevant cancellation and no-show policy of the Property Provider which is provided as part of the Terms of Stay.
5.2 You must pay the applicable Cancellation Fee if you cancel a Contract after a Confirmation has been issued. You do not have a right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as this is a contract for the rental of accommodation for residential purposes.
6. CANCELLATION BY THE COMPANY
6.1 In the unlikely event that your Contract has to be changed or cancelled by the Property Partner we will notify you as soon as reasonably practicable and we shall endeavour to offer you another apartment of an equal or better standard for no extra cost, subject to your approval.
6.2 In the event that no alternative accommodation is available or you do not accept the alternative offered in accordance with clause 6.1 above and the Contract is terminated then, provided that you are not in breach of these Terms or the Terms of Stay, we will refund in full all fees paid by you for the days that you have not occupied the Serviced Apartment.
6.3 You agree to pay the Cancellation Fee in the event that we or the Property Partner cancel your Contract pursuant to clause 9.3 (termination for your default) provided that you have not paid the Booking Fee in full on the date of termination. If you have already paid the Booking Fee in full then you will not be charged the Cancellation Fee but you shall not be entitled to a refund.
7. EXTENDING THE BOOKING PERIOD
7.1 Any extensions you require to the Booking Period will be subject to the Terms of Stay and any additional terms provided to you by the Property Partner.
7.2 Please note that the Serviced Apartment may not automatically be available for a further period as it may be pre-booked for another customer.
7.3 If you would like an extension then you must contact us as early as possible and we shall contact the Property Partner to check if the Serviced Apartment is available for the dates you require or if another suitable apartment is available.
8. ARRIVAL AND DEPARTURE
8.1 Arrival and departure times for your Contract will be as stated in the Terms of Stay. In the event that no arrival and departure times have been provided, you and/or any Guests (as applicable) may occupy the Serviced Apartment after 3.00 p.m. on the first day of the Booking Period, and must vacate the Serviced Apartment by 10.00 a.m. on the last day of the Booking Period.
9. YOUR OBLIGATIONS
9.1 You agree to, and you agree that all Guests shall:
9.1.1 keep the Serviced Apartment clean and tidy and leave it in the same condition as you found it at the start of the Booking Period;
9.1.2 not remove any items provided by the Property Partner in the Serviced Apartment, for example but not limited to bedding, towels, linens and kitchen equipment. You agree to pay the Property Partner for the costs of replacing such items if any such items have been removed or are missing at the end of the Booking Period;
9.1.3 not allow any pets in the Serviced Apartment unless otherwise stated in the Terms of Stay, or agreed in writing by the Property Partner;
9.1.4 not smoke in the Serviced Apartments unless the Terms of Stay say otherwise;
9.1.5 only allow the maximum number of people permitted by the Property Partner to stay in the Serviced Apartment overnight;
9.1.6 allow the Property Partner and any workmen access to the Serviced Apartment on reasonable notice to you during the Booking Period (unless in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time, in which case you agree that the Property Partner and/or its representatives can enter the Serviced Apartment at any time without notice to you).
9.2 You agree to be responsible for all damage or breakages caused by you and/or any Guests to the Serviced Apartment and all items provided within it (for example carpets, mattresses and linen) during the Booking Period and to pay the Property Partner for the costs of damage to the Serviced Apartment and the costs of repairing or replacing any damaged or broken items. If you have provided a security deposit (as described in clause 3.6) we may deduct the costs of such damage and breakages from your credit card on behalf of the Property Partner in accordance with the Terms of Stay. You or a Guest may need to check and sign an inventory of the Serviced Apartment and its contents on arrival.
9.3 The Property Partner, or we, on behalf of the Property Partner, may terminate your Contract and ask you to leave with immediate effect without providing you with a refund of the Booking Fee if in the Property Partner or our reasonable opinion, you or any visitor to the Serviced Apartment have:
9.3.1 committed any illegal activity;
9.3.2 behaved antisocially or caused a nuisance to neighbours, for example playing music in such a manner as to be audible outside the Serviced Apartment at any time;
9.3.3 caused any damage or acted in a way that is likely to cause damage to the Serviced Apartment or any other person or property;
9.3.4 acted in a way which could expose us or the Property Partner to any third party liability or to criminal liability;
and if your Contract is terminated under this clause 9.3 you shall pay the Cancellation Fee in accordance with clause 6.3.
10. LIMITATION OF OUR LIABILITY
10.1 You acknowledge that our sole obligation to you is to provide a booking service for and on behalf of our Property Partners in accordance with these Terms. You agree to bring any claim that you may have with in connection with the provision of the Serviced Apartment directly against the Property Partner and not against us.
10.2 While we have used reasonable care in obtaining descriptions of the Serviced Apartments for use on our Website and have obtained assurances from Property Partners that these descriptions are accurate in all material respects, we do not own and we have not inspected the Serviced Apartment and we cannot offer you any guarantees in relation to the Serviced Apartment.
10.3 Nothing in these Terms limits or excludes our liability:
10.3.1 for death or personal injury resulting from our negligence;
10.3.2 for fraud or fraudulent misrepresentation; or
10.3.3 for any liability which we cannot exclude by law.
10.4 We (and each of our employees, officers directors and representatives) shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise, to you, any Guest or any other party for:
10.4.1 any punitive loss, loss of profits, loss of revenue, loss of data, loss of contract, loss of or damage to goodwill or reputation, wasted expenditure, loss of anticipated savings or any indirect, special or consequential losses;
10.4.2 the acts or omission of the Property Partner or any failure by the Property Partner to perform or comply with any of the terms of the contract between the Property Partner and you, including a failure to provide the Serviced Apartment during the Booking Period (whether due to overbooking or otherwise) or a failure to provide the Serviced Apartment in the condition or with the amenities that it was advertised on the Website or where the Serviced Apartment is not up to the standard you expect;
10.4.3 any inaccuracies or errors relating to the information about the Serviced Apartment made available on the Website (which you acknowledge has been provided by the Property Partner and not us);
10.4.4 any Additional Services offered to you by the Property Partner;
10.4.5 any loss of or damage to personal possessions belonging to you or to any visitors to the Serviced Apartment or any incident or occurrence which takes place at the Serviced Apartment; or
10.4.6 any losses incurred pursuant to or arising out of or in connection with the use, inability to use or delay of the Website.
10.5 We shall have no liability to you if we are prevented from or delayed in performing our obligations under these Terms arising from events beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Property Partners or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, default of the Property Partners, theft, burglary or malicious acts of third parties.
10.6 We shall only be liable for direct losses actually incurred by you due to a breach of our obligations under these Terms, up to and not exceeding the amount of the Booking Fee actually paid by you on the date such loss occurred. This clause 10.6 sets out our entire financial liability (including any liability for the acts or omissions of our employees, officers, directors and representatives) to you arising out of or in connection with any breach by us of our obligations under these Terms.
11.1 We are not liable for any loss of or damage to your possessions belonging to you or to any visitors to the Serviced Apartment during your stay in the Serviced Apartment. We therefore strongly recommend that you take out travel insurance for your possessions and for other risks during your stay at the Serviced Apartment.
12. INFORMATION ON THE WEBSITE
12.1 All information about the Serviced Apartments contained on the Website has been provided by our Property Partners. Property Partners are responsible for ensuring the information on the Serviced Apartment, the Serviced Apartment Rates, and their Terms of Stay are accurate, not misleading and up to date. Although we require our Property Partners to provide accurate information we cannot guarantee that this information is accurate, complete or correct, and we shall not be liable for any loss, damage, cost or expense arising either directly or indirectly from errors (including typographical errors), inaccuracies or omissions contained in such information. Each Property Partner remains responsible at all times for the accuracy, completeness and correctness of the information provided about their Serviced Apartment (including the Serviced Apartment Rates) displayed on the Website.
12.2 The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality or service level of any Serviced Apartment made available.
13. COMMUNICATING WITH YOU
14.1 You should address any queries or concerns about the Serviced Apartment directly with the Property Partner as your contract for the provision of the Serviced Apartment is between you and them.
14.2 If you have any queries or concerns about the booking service we have provided through the Website you can contact us by emailing us at email@example.com or phoning us on +44 (0)203 595 5375.
15.1 These Terms shall be read and interpreted without reference to their clause headings, which are included for convenience only.
15.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by English law. If you are a consumer you agree to the non-exclusive jurisdiction of the courts of England and if you agree to these terms in a business capacity you agree to the exclusive jurisdiction of the courts of England.
15.3 With the exception of William Hemming Associates Limited (acting as agent for the Property Partner), a person who is not a party to the Contract shall not have any rights to enforce any term of the Contract. The Contract may not be varied or rescinded without the consent of William Hemming Associates Limited.
15.4 No tenancy of the Serviced Apartment is deemed to be granted or shall arise under these Terms or the Terms of Stay.
15.5 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision. We shall not be deemed to have waived performance of any obligation by you under these Terms unless we have expressly waived such performance in writing.
15.6 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
15.7 All rights and remedies provided under these Terms are cumulative.
15.8 These Terms are made in the English language only. By booking with williamhemmingassocaites.com you are subscribed to receive news and information from us. We will NEVER pass your details on to third parties. To unsubscribe or change your settings please