Booking Terms and conditions
These Terms will apply to any contract between us for the provision of Accommodation to you (Contract). Please read these Terms carefully and make sure that you understand them, before booking any Accommodation through our site. Please note that by booking any Accommodation through our site, you agree to be bound by these Terms and the other documents expressly referred to.
Please tick the box marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to book any Accommodation through our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to book Accommodation, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 16 April 2013.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website independent-sl.co.uk. We are ISL West Hampstead Limited, a company registered in England and Wales under company number 08441385 and with our registered office at 42 Doughty Street, London, WC1N 2LY. Our main trading address is Asher House, Blackburn Road, West Hamptstead, NW6 1AW. Our VAT number is 996330583.
1.2 To contact us, please see our Contact Us details at the bottom of each web page.
2. THE ACCOMMODATION
2.1 The images and descriptions of the Accommodation on our site are for illustrative purposes only. Although we have made every effort to display accurate images and give accurate descriptions, we cannot guarantee that the Accommodation is correctly described or depicted. Your Accommodation may vary from such images and descriptions.
2.2 All Accommodation shown on our site is subject to availability. We will inform you by e-mail as soon as possible if the Accommodation you have booked is not available and we will not process your booking any further.
2.3 You may only book Accommodation through our site if you are at least 18 years old.
3. USE OF OUR SITE
Your use of our site is governed by our Terms and conditions of website use and Website Acceptable Usage Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 In order to book Accommodation through our site, you need to follow the steps on our booking page [INSERT HYPERLINK].
5.2 Our booking process allows you to check and amend any errors before submitting your booking to us. Please take the time to read and check your booking at each page of the booking process.
5.3 Our acceptance of your booking will take place when we add the completed tenancy agreement (Tenancy Agreement) to your account on our site. The Contract between us will only be formed when we add the Tenancy Agreement to your account on our site.
5.4 If we are unable to supply you with Accommodation, for example because that Accommodation is no longer available, we will inform you of this by e-mail and we will not process your booking further. If you have already paid for the Accommodation, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes in our booking process.
6.2 Every time you book Accommodation with us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7. YOUR CONSUMER RIGHT TO CANCEL AND REFUND
7.1 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want the Accommodation, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date the Tenancy Agreement is completed, which is when the Contract between us is formed, and ends at the earlier of the day your Tenancy Agreement begins and the end of the period of 7 (seven) working days starting from the day after the day you receive the Tenancy Agreement, in which you may cancel. Working days means that Saturdays, Sundays or public holidays are not included in this period.
7.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to [email protected] or by sending a letter to ISL West Hampstead Limited, Asher House, Blackburn Road, West Hampstead, NW6 1AW. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
7.4 You will receive a full refund of the price you paid for the Accommodation. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4.
7.5 We refund you on the credit card or debit card used by you to pay.
8. PRICE OF ACCOMMODATION
8.1 The prices of the Accommodation will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Accommodation are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Accommodation you booked, please see clause 8.4 for what happens in this event.
8.2 Prices for our Accommodation may change from time to time, but changes will not affect any booking in respect of which we have entered into a Tenancy Agreement.
8.3 The price of Accommodation includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your booking and the start date of your Tenancy Agreement, we will adjust the VAT you pay, unless you have already paid for the Accommodation in full before the change in VAT takes effect.
8.4 It is always possible that, despite our reasonable efforts, some of the Accommodation on our site may be incorrectly priced. We will normally check prices as part of our online booking process so that:
(a) where the Accommodation’s correct price is less than the price stated on our site, we will charge the lower amount to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Accommodation to you at the incorrect (lower) price; and
(b) if the Accommodation’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing with the Accommodation booking at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing.
9. HOW TO PAY
9.1 You can only pay for Accommodation using a debit card or credit card, cheque, bank transfer or by direct debit.
9.2 Payment for the Accommodation is in advance and shall be in accordance with the payment schedule you select. We will not charge you until two weeks prior to the start date under the Tenancy Agreement.
10. OUR LIABILITY
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
10.2 We only supply the Accommodation for domestic and private use. You agree not to use the Accommodation for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12. COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
12.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you must contact us in writing by sending an e-mail to [email protected] or by sending a letter to ISL West Hampstead Limited, Asher House, Blackburn Road, West Hampstead, NW6 1AW. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
12.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to ISL West Hampstead Limited at Asher House, Blackburn Road, West Hampstead, NW6 1AW. You can always contact us using our Customer Services telephone line.
12.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
12.5 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 Please note that these Terms are governed by English law. This means a Contract for the booking of Accommodation through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.