Terms and Conditions

Booking Terms and Conditions

These terms and conditions govern all bookings made (whether through ‘www.eamk.co.uk’, e-mail, telephone or other means) with Executive Apartments Milton Keynes Limited (“Executive Apartments”) (registered in England and Wales under company number 05878067 and whose registered office is at Cedar House, Breckland, Linford Wood, Milton Keynes, Buckinghamshire, MK14 6EX). By placing a booking and/or ticking the ‘Tick to Accept’ icon below, you accept, without limitation and qualification, all of the terms and conditions below both on behalf of yourself where you are to be the guest and on behalf of others where you are booking on behalf of others.

1.Booking

1.1 Any booking made by you shall be deemed to be an offer by you to become a guest at the requested apartment managed by Executive Apartments subject to these terms and conditions A contract between you and Executive Apartments shall come into existence:-

1.1.1 If making a booking by telephone, once initial payment has been taken by Executive Apartments in full; or

1.1.2 If making a booking via ‘www.eamk.co.uk’ (the “Site”) or e-mail and the requested apartment is available, once you receive confirmation by e-mail of your booking with the relevant arrival information.

1.2 Executive Apartment reserves the right to refuse, at its sole discretion, any booking you make with Executive Apartments. It is the responsibility of the booker to notify Executive Apartments at the time of booking of the name(s) of the relevant guest(s) if the booker is not to be a guest.

1.3 Please check the details you provide carefully before you book as incorrect or incomplete details may result in the booking being cancelled.

1.4 You are advised to ensure that you put in place appropriate insurance policies and cover in respect of loss or damage to personal property during the stay.

1.5 To confirm your booking Executive Apartments requires completed booking information through the Site. Telephone bookings are confirmed only when Executive Apartments has accepted the booking in writing or by e-mail and has taken initial payment in full. Initial payment in full is required at the time of booking, unless otherwise agreed in writing. Any continuing or future payment is to be paid within 14 days of the date of any sales invoice issued by Executive Apartments. Should payment not reach Executive Apartments within the required time, Executive Apartments reserves the right to suspend or cancel any bookings made and any deposit paid may be forfeited. Any late payments will result in interest being charged on the sum due at the prevailing applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998. Payment should be made either through the Site through Visa, MasterCard, Switch, Solo or Delta or by bank to bank transfer to Executive Apartments’ bank account (please note that the details of this account are Bank – HSBC; Account Number – 21797042; and Sort Code – 40-33-33). Executive Apartments may pass your debit/credit card details to a third party to process any payments and where a debit/credit card is used any payment made will be subject to an additional 2 per-cent surcharge.

1.6 Where Executive Apartments is unable to confirm the initial requested accommodation, an alternative may be provided and an e-mail or other notification will be sent to inform you of the details. Executive Apartments will endeavour to hold the reservation for 48 hours in order for you to signify acceptance by making initial payment in full.

2. Rates

2.1 All apartment rates quoted (whether through the Site, e-mail, telephone or other means) are based on the rates prevailing at the time that a booking is confirmed. Once a booking has been confirmed, Executive Apartments will not change the rate quoted unless you amend the booking but otherwise rates are subjectto change without notice. ‘Value Added Tax’ is charged in addition to the rate quote at the applicable rate in force at the time of booking.

3. Deposit

3.1 A deposit covering additional charges incurred during the current (or any future) stay with Executive Apartments, breakages and damages may be taken at the time of booking. Executive Apartments reserves the right to deduct from the deposit without further notice all amounts chargeable under these terms and conditions, including but not limited to further accommodation charges and the costs it incurs in rectifying any breakages and/or damages.

3.2 Within 2 weeks of any deduction of any additional charges from a deposit, Executive Apartments will provide the booker by e-mail or otherwise with a breakdown of the issues and the applicable additional charges. If additional charges are taken from the deposit the remainder of the deposit (if any) will be refunded to the person who paid the deposit at the end of the guest’s stay after an inspection of the apartment occupied and subject to settlement of all charges owing to Executive Apartments.

3.3 Should the deposit be insufficient to settle any additional charges, you will be charged without further notice the balance due to Executive Apartments in respect of those additional charges chargeable under these terms and conditions. Where applicable, payment will be taken by Executive Apartments from the debit/credit card that you use pursuant to Clause 1.5 above and, by placing a booking and/or ticking the ‘Tick to Accept’ icon below, you accept, without limitation and qualification, to Executive Apartments taking this payment. In relation to any additional charge payable, in the event that payment under a debit/credit card is declined, for any reason, or incorrect or no card details are provided, Executive Apartments reserves the right to charge the booker or guest directly and the booker or guest must pay this invoice within 14 days of issue. Any late payments will result in interest being charged on the sum due at the prevailing applicable rate under the Late Payment of Commercial Debts (Interest) Act 1998. Within 2 weeks of any such deduction in respect of any additional charge from your credit/debit card or any invoice in respect of the same, Executive Apartments will provide you by e-mail or otherwise with a breakdown of the issues and the applicable sum deducted or to be charged.

4. Payment of Additional Charges

4.1 The additional charges referred to in these terms and conditions shall, without limitation and qualification, include:

4.1.1 Telephone calls (you should note that telephone calls are charged separately);

4.1.2 Broadband (you should note that
 

(a) broadband is available in some apartment locations and where applicable may be charged for separately at the sole discretion of Executive Apartments;

(b) where broadband is offered, Executive Apartments will make every effort to ensure that the service is available at all times, but Executive Apartments cannot guarantee any internet or broadband connection availability;

(c) if there is a fault which is deemed by Executive Apartments to be associated with the user’s hardware or software, no support will be available; and (d) Executive Apartments does not warrant that use of any broadband provided at an apartment will result in computer activity that is free from errors or viruses or other harmful components);

4.1.3 Other chargeable services including concierge services (you should note that details of any other additional services are available on request);

4.1.4 Cleaning (you should note that Executive Apartments expects any apartment to be left in a reasonable state during a stay and on departure and that if, at Executive Apartments’ sole discretion, additional cleaning is required during a stay and/or on departure, the cost of this cleaning will be charged as an additional charge);

4.1.5 Damages: you should note that

(a) damages to an apartment or contents caused by the guest must be paid in full by the booker;

(b) in the event of any breakages or damage discovered after the guest vacates, Executive Apartments will notify the booker by e-mail within 2 weeks of the guest’s departure, providing a detailed breakdown of the issues and the cost of rectifying them and, where possible, photographic evidence will also be supplied;

(c) inventories and condition reports can be provided at the beginning and at the end of the accommodation period if required; and

(d) any apartment is deemed to be in a good and tidy state of repair and condition and the commencement of any stay;

4.1.6 Keys:you should note that

(a) Executive Apartments will issue the guest with sets of keys (as relevant) and extra keys are available on request;

(b) If the issued keys are not returned on departure a charge of up to £50.00 plus ‘Value Added Tax’ will be made to the booker and;

(c) If between the hours of 22:00 and 08:00 a guest locks themselves out of a property and/or any apartment and requires assistance to re-enter the property and/or any apartment, Executive Apartments reserves the right to charge a £50.00 plus ‘Value Added Tax’ call out charge in addition to the charge for lost keys; and

4.1.7 Call outs: you should note the emergency call out number for Executive Apartments is 07917055733 and that if this or any other emergency call out number is used to call out any representative of Executive Apartments or any apartment manager between the hours of 22:00 and 08:00 for any purpose other than an emergency, Executive Apartments reserves the right to charge the booker a call out fee of £50.00 plus ‘Value Added Tax’.

Arrivals and Departures

5.1 Apartments are available for occupation from 16:00 on the day of arrival to 10:00 on the day of departure. Any additional hours of occupation outside the available times in each period of 24 hours will be charged as 1 extra day unless otherwise agreed. Early check in/late check out cannot be guaranteed unless the booking is made from the night before arrival/for the night after departure. Key collection details will be provided to the booker prior to the check-in date. Some apartments may operate unmanned receptions so access codes and other relevant details will be provided only after a booking is confirmed. It is then the booker’s responsibility to ensure that the guest has all the key, access codes and other relevant information provided to them by Executive Apartments where the booker is not to be the guest to allow the guest to access their apartment.

Cancellations and Amendments

6.1 If you wish to alter your booking, Executive Apartments will endeavour to comply with your requirements, but cannot guarantee that these will be met. You will be obliged to pay any additional expenses incurred as a result of an alteration. Cancellations and amendments to confirmed bookings are subject to these terms and conditions and, in addition, Executive Apartments may charge, at its sole discretion, an amendment fee of up to £50.00 plus ‘Value Added Tax’ to cover the necessary administrative costs incurred.

6.2 No refunds will be made for non-arrivals for any reason. Requests for cancellations and amendments must be made by contacting Executive Apartments during the hours of 09:00 to 17:00 Monday to Friday.

Cancellations

6.3 Executive Apartments’ cancellation policy is set out hereafter. All cancellations must be confirmed in writing. Cancellation charges will be applied in relation to the notice period between notification of cancellation and the

date of stay as detailed below:

6.4 If you wish to cancel or further amend an extended booking (pursuant to Clauses 7.1 to 7.2 below), you will be liable to pay the total charges for the extended period in accordance with the scale above.

6.5 Executive Apartments reserves the right to treat any reduction in the number of nights or apartments booked which results in a reduction in the overall charges payable as a cancellation.

6.6 Executive Apartments may cancel a booking at any time prior to the arrival of the guest at its sole discretion. In these circumstances, a full refund will be made available.

Amendments

6.7 All amendments are subject to availability. Should any amendments be rejected your original booking will be reinstated.

6.8 A change in the guest to stay will not incur any charges.

6.9 Executive Apartments may amend a booking at any time at its sole discretion. In these circumstances, should any alternative accommodation offered by Executive Apartments not be accepted by the guest (where the guest is to act reasonably at all times), then a refund will be available in respect of the unexpired duration of the guest’s stay.

Extensions

7.1 If you wish to extend a stay, Executive Apartments requires notice in writing. Please give as much notice as possible in order to facilitate your request. All extensions are subject to availability and rate change. Failure to give Executive Apartments notice in writing of an intention to extend a stay may result in your apartment being booked by another guest.

7.2 Where notice of an intention to extend your stay has been given, Executive Apartments reserves the right, where it is possible to do so, to take all additional payments and charges from any credit/debit card used to make the original booking in accordance with Clause 1.5 (plus any further deposit requirements).

Accommodation and Occupancy

8.1 All apartments are occupied as serviced apartments (with no exclusive possession to the guest) pursuant to a mere licence to occupy which is subject to these terms and conditions and which is on the basis that no relationship of landlord and tenant and/or any rights of tenancy are created (whether now or upon termination of the stay pursuant to

(a) an assured, assured shorthold or other tenancy under the Housing Act 1988 as amended, replaced or re-enacted;

(b) any security of tenure afforded by the Landlord and Tenant Act 1954 as amended, replaced or re-enacted;

(c) any other statutory protection or security of tenure;

(d) or otherwise). If this contract is with an individual person (as opposed to a company) then by entering into this agreement the person is declaring that the apartment booked is not his/her or the guest’s (as applicable) principal place of residence. Executive Apartments acts as an agent on behalf of the owners and/or superior tenants of the apartments that it uses. Reasonable care has been taken to ensure that the content of the Site (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on the Site (and/or other means of promotion or advertising) is published in good faith but you acknowledge that Executive Apartments cannot check the accuracy of all information provided by the owner and/or superior tenants of the apartments and/or any other supplier of goods and/or services to Executive Apartments. Given the above factors, Executive Apartments does not warrant that any of the content of the Site (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. The Site may link to other websites and Executive Apartments is not responsible for the data policies, content or security of these linked websites.

8.2 You should note the following points about apartments:

8.2.1 Apartments are individual and vary in style, size and layout so furnishing details are not uniformly standard. Although the accommodation type and location are confirmed in advance, the exact apartment cannot be guaranteed prior to arrival.

8.2.2 The Site (and/or other means of promotion or advertising) may contain a plan of the layout of the apartment. The plan will only be a general representation of the accommodation. Actual unit size, design, fixtures, furnishings and facilities may vary from those shown on the plan.

8.2.3 The number of people permitted to occupy each apartment is limited to the number of beds within each apartment. If the number of people permitted to occupy an apartment is exceeded, Executive Apartments may refuse access to the accommodation and further reserves the right to charge for additional apartments.

8.2.4 The guest occupying any apartment must comply with any rules and regulations set by Executive Apartments from time to time. In any event, Executive Apartments recommends that the guest takes time to familiarise themself with the safety procedures in their apartment, the building and local area, paying particular attention to fire evacuation details and security.

8.2.5 You are responsible for payment of any charges made for use of facilities, such as but not limited to broadband, additional cleaning and/or laundry services, and for any other fees levied by Executive Apartments for the use of amenities.

8.2.6 Accommodation might not be able to operate heating and air-conditioning at any one time.

8.2.7 Where internet or broadband connectivity is available, you agree that use of such services will be in a responsible manner, not for any illegal purpose and at the entire and sole risk of the user.

8.2.8 Executive Apartments shall use its reasonable endeavours to retain any items left in apartments for up to 3 months after the guest’s departure date. Please e-mail info@eamk.co.uk for enquiries relating to any lost items.

8.2.9 Apartments may or may not have an allocated parking space.

8.2.10 Apartments will be

(a) fully furnished and equipped; and

(b) cleaned once a week by Executive Apartments’ nominated house-keeping agent (with such an agent having a right of access to any apartment) during which clean bed linen and towels will be provided, any bed will be made, and washing-up of kitchen utensils, glasses, cutlery and crockery will be undertaken, and during which toilet paper will be provided.

8.2.11 Subject to these terms and conditions, Executive Apartments will be responsible for all utility charges and outgoings incurred in respect of apartments.

8.2.12 Executive Apartments and its agents are permitted a right of access to any apartment at all reasonable times upon prior notice (or, in the event of emergency, without notice)

(a) to carry out the services required under these terms and conditions;

(b) to examine the state and condition of any apartment and its contents; and (c) in respect of any other reasonable requirement.

9.Restrictions

9.1 In relation to all apartments the following restrictions apply as standard:

9.1.1 smoking: you should note that Executive Apartments operates a strict no smoking policy in all apartments;

9.1.2 pets: you should note that Executive Apartments operates a strict no pet policy in all apartments;

9.1.3 private residence (you should note that any guest should not use or suffer to be used any apartment for any purpose whatsoever other than as a private residence and in particular should not carry on, in or from any apartment any trade, business or profession nor register the address of any apartment as a registered address for any company or body corporate or as a service, postal, correspondence or other address or give such an address in any telephone or e-mail directory);

9.1.4 use of any allocated parking space (you should note that any guest should not use any allocated parking space for any purpose other than for the purpose of parking 1 passenger private motor vehicle or light passenger motor car derived commercial vehicle thereon);

9.1.5 further use of any allocated parking space (you should note that any guest should not allow or cause or permit to be allowed the deterioration of any vehicle on any allocated parking space to an unreasonable condition nor to abandon any vehicle whatsoever on any part of any allocated parking space and in the event of any breach of this Clause 9.1.5 it shall be lawful for Executive Apartments to, without prejudice to any other rights, arrange for the removal of such a neglected or abandoned vehicle and to recover from you any costs incurred by Executive Apartments);

9.1.6 rubbish (you should note that any guest must use a rubbish container provided by Executive Apartments and place all refuse within it);

9.1.7 statutory requirements and insurance (you and/or any guest must not do anything that will or might constitute any breach of any statutory requirement affecting any apartment or that will or might wholly or partly vitiate any insurance effected in respect of any apartment from time to time);

9.1.8 drugs (you should note that any guest should not use or consume or allow to be consumed any drug or any other substance which is, or becomes, prohibited or restricted by law other than in accordance with any conditions required for the legal use of such restricted substances);

9.1.9 noise and nuisance (you should note that any guest is not to play or permit to be played so as to be audible outside of any apartment any musical instrument, television or any other equipment or at any time to act in a way which causes annoyance or nuisance to neighbours or other occupants of the building of which any apartment forms part);

9.1.10 walls (you should note that any guest is to not hang or fix any posters, pictures or other items to the walls of any apartment using nails, glue, blu-tac, sellotape or their equivalents);

9.1.11 dangerous substances (you should note that any guest is not to keep any dangerous or flammable materials within or on any apartment including paraffin, LPF or portable gas heaters);

9.1.12 oils (you should note that any guest is to take reasonable precautions to not put or allow any oil, grease or other harmful or corrosive substance to be put into the washbasins, lavatory, basins, sinks or drains within or outside any apartment);

9.1.13 locks (you should note that any guest should fasten all locks and bolts on the doors and windows when any apartment is empty and at night); and

9.1.14 illegal or immoral use (you should note that any guest must not use any apartment for any illegal or immoral purpose.

10. Liability

10.1 Executive Apartments is responsible for all apartments subject to the terms and conditions of this Clause 10.

10.2 Executive Apartments is not responsible for the theft and/or damage of any guest’s personal belongings during their stay in any apartment booked. Therefore you are advised to ensure any guest has appropriate insurances in place.

10.3 To the maximum extent permitted by law and subject to Clause 10.4 below, Executive Apartments excludes from any contract with you all warranties, conditions and other terms whether express or implied by statute, custom or usage relating to your booking and the stay of a guest and otherwise and Executive Apartments shall not be liable for any loss (including, without limitation, loss of profits; loss of business; depletion of goodwill; direct, special, indirect, consequential or pure economic loss; and/or similar losses), injury, costs (including, without limitation, reasonable professional costs and expenses) or damages whatsoever, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise relating to your placing of a booking, the inability to obtain a booking, the stay of a guest or otherwise.

10.4 However, nothing in these terms and conditions shall:-

10.4.1 affect your statutory rights;

10.4.2 limit or exclude the liability of Executive Apartments for death or personal injury resulting from its negligence or for any damage or liability incurred by you as a result of fraud or due to any fraudulent misrepresentation made by the Executive Apartments; or

10.4.3 limit or exclude any liability that cannot by law be limited or excluded.

10.5 If you are booking for, as or on behalf of a business or business employee, that business shall indemnify Executive Apartments fully and effectively on a full and continuing indemnity basis from and against all liabilities, costs (including, without limitation, reasonable professional costs and expenses), expenses, damages and losses (including, without limitation, loss of profits; loss of business; depletion of goodwill; direct, special, indirect, consequential or pure economic loss; and/or similar losses) suffered or incurred by Executive Apartments arising out of or in connection with your, or your business’, breach or negligent performance or non-performance of these terms and conditions.

10.6 If you are booking for, as or on behalf of a business or business employee, Executive Apartments’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of your booking shall be limited to the fees paid to Executive Apartments under your booking.

10.7 Executive Apartments shall not be liable for any failure or delay in performance of its obligations which results directly or indirectly from any cause or circumstance which is beyond its reasonable control. The following shall be regarded as examples of such circumstances; namely act of God; outbreak of hostilities, riot or civil disturbance; acts of terrorism or revolution; the act of any government or authority (including but not limited to refusal or revocation of any licence or consent); fire, flood, lightning, explosion, fog or bad weather; interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications); renovations undertaken at the property; strikes, lockouts or boycotts; and embargo or blockade.

10.8 Other than in relation to death or personal injury caused by Executive Apartments’ negligence, or any other liability that by law cannot be excluded or restricted, Executive Apartments’ liability to you in relation to these terms and conditions is limited to the lower of:-

10.8.1 £1,000; and

10.8.2 the value of the booking made with Executive Apartments by you.

Services

11.1 Executive Apartments cannot guarantee, or be held responsible for any failure or interruption of, services to an apartment or a building, including electricity; air conditioning; water; telephone; broadband, internet and other communications; or damage, disruption or noise caused as a result of repair works being carried out in another part of the property in which an apartment is contained. However, upon notification by a guest and/or booker, Executive Apartments will use its reasonable endeavours to maintain and rectify (within a reasonable period of time) all services and issues (within reason) to any apartment used by Executive Apartments.

Feedback and Complaints

12.1 Executive Apartments aims to deliver the best possible service, but in the unlikely event that you are dissatisfied with the service offered, you should notify Executive Apartments in writing as soon as possible to ‘Executive Apartments, The Manor Barn, Great Pasture, Milton Keynes Village, Buckinghamshire, MK10 9AF’ or by e-mail to info@eamk.co.uk in relation to any complaint about the booking service, apartment or otherwise. The policy of Executive Apartments is to acknowledge any complaint within 5 working days, advising you of who is dealing with your concerns and to attempt to address them.

General

13.1 Executive Apartments reserves the right to change these terms and conditions from time to time.

13.2 Should guests be in breach any of these terms and conditions, Executive Apartments reserves the right to request that guests vacate their apartment within 24 hours.

13.3 No waiver by Executive Apartments of any of the obligations of another party under these terms and conditions shall be deemed effective unless made by Executive Apartments in writing nor shall any waiver by Executive Apartments in respect of any breach be deemed to constitute a waiver of or consent to any subsequent breach by the relevant other party of its obligations under these terms and conditions.

13.4 The contract between Executive Apartments and you is personal to you and you may not assign, sublet or part with or share possession of any apartment or any part of any apartment. In particular and without prejudice to the generality of the foregoing you must not enter into any agreement or arrangement whereby any occupant of any apartment may become entitled to any rights of tenancy (whether now or upon termination of the stay pursuant to

(a) an assured, assured shorthold or other tenancy under the Housing Act 1988 as amended, replaced or re-enacted;
(b) any security of tenure afforded by the Landlord and Tenant Act 1954 as amended, replaced or re-enacted;
(c) any other statutory protection or security of tenure; (d) or otherwise).

13.5 In the event that any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable or illegal the remaining provisions shall continue to apply.

13.6 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.