TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services).
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services.
- INFORMATION ABOUT US
1.1. We are APB Short Let Solutions Ltd., a limited company registered in England and Wales trading under the name Madison Hill. Our company number is 9512783. Our registered office is 221 Hatfield Road, St Albans, AL1 4TB. Our main trading address being Unit 5a Hillgate Place, Balham Hill, London, SW12 9ER. Our VAT number is GB 215 4447 24.
- YOUR STATUS
2.1. By placing an order through our site, you warrant that:
2.1.1. you are legally capable of entering into binding contracts; and
2.1.2. you are at least 18 years old.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an email that confirms that your offer has been accepted (Confirmation Lettings Summary). The contract between us (Contract) will only be formed when we send you the Confirmation Lettings Summary. If we do not send a Confirmation Lettings Summary, then there is no contract.
3.2. The Contract will relate only to those Services we have confirmed in the Confirmation Lettings Summary. We will not be obliged to supply any other Services which may have been a part of your order.
- OUR STATUS
4.1. Please note that in all cases we accept orders as agents on behalf of third party property owners. The resulting legal contract is between you and that third party property owner. Please click (here) to access the non-specific contract applicable to you. Furthermore, your booking and occupation of the Property is subject to the Property Manual applicable to the particular property. This document will be available at the Property and should you require information on this please let us know.
- PRICE AND PAYMENT
5.1. The price of the Services (including Accommodation Price) will be as quoted on our site from time to time, except in cases of obvious error.
5.2. On confirmation of your order you shall pay and we will take a 10% (plus VAT) Agency Fee (described as ‘Deposit’ on the website online booking form and Confirmation Lettings Summary), based on the Accommodation Price less any relevant discount. Please note that this Agency Fee is not in addition to the Accommodation Price quoted on your Confirmation Lettings Summary but merely a part thereof. The Agency Fee is non-refundable.
5.3. The balance of your order is payable 30 days prior to your Arrival Date.
5.4. If you are placing your order within 30 days of your Arrival Date, then the full cost of your order including the Agency Fee will be charged on confirmation.
5.5. It is our understanding that VAT at the standard rate is applicable to holiday lettings, serviced accommodation, corporate lettings and alternatives to hotel accommodation and where it is the Accommodation Price stated is inclusive of VAT at the current rate.
5.6. Our site contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our procedures so that, where the correct price is less than our stated price, we will charge the lower amount. If the correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Confirmation Lettings Summary, or reject your order and notify you that we are rejecting it.
5.7. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) price.
5.8. Payment for all Services must be made in Sterling (British Pounds) by debit card, credit card or by a same day transfer of funds where the funds are cleared to be available in our account the same working day. We accept the following debit/credit cards:
5.8.1. Visa (Debit/Electron/Credit/Debit Electron/Personal/International/ Commercial/Business/Commerce/Corporate/Purchasing/Debit Commercial International)
5.8.2. MasterCard (Credit/Signia/Debit Personal International/World/ Commercial/Business/Corporate/Purchase/Fleet/Debit Commercial International/Debit EEA)
5.8.3. American Express
5.8.5. UK/Solo and International
5.9. We will not charge your debit or credit card until we dispatch your Confirmation Lettings Summary. Use of credit cards are subject to merchant’s charges which are charged in addition. If making a transfer payment you are responsible for all bank charges (receiving and sending). We will provide the relevant bank account details at the appropriate time.
5.10. We do not accept payment (whether in part or in whole) in cash, cheques, giro credit or any other method apart from those specified in this clause. Any attempt to make payment by any other such means would not be accepted and your booking will not be confirmed.
5.11. The appropriate payment must be received by us no later than the end of the following working day or your order will be cancelled which will result in non-confirmation of your booking.
- CANCELLATION POLICY
6.1. If you wish to cancel your order you have to give us written notice as provided for in these terms and conditions. Such notice is only valid if given in accordance with these terms and conditions and when sent by e-mail you request and receive from us a ‘read receipt’.
6.2. Orders may be cancelled by you prior to confirmation. Once your order has been accepted and confirmed by us you will be charged the non-refundable Agency Fee. Cancellations for which notice is received less than 30 days before the Arrival Date will incur 100% cancellation fee.
6.3. If we have received full payment from you more than 30 days before your Commencement Date and you cancel more than 30 days before your Commencement Date any refund due to you will normally be made to the same account and by using the same method originally used by you to pay.
6.4. In the unlikely event that we have to cancel or modify your order we will contact you at the contract details you provided to us as soon as reasonably practicable and use our reasonable endeavours to find you suitable alternative residential accommodation of at least the same standard for or as near to the duration of your notified tenancy. If notwithstanding that we are unable to find such residential accommodation for you, we will promptly refund the entire amount you have paid to us and we will then have no further liability or obligation to you. In the event that we do find suitable alternative residential accommodation, which you unreasonably refuse, we will be entitled to treat that as a cancellation by you.
7.1. We warrant to you that any residential accommodation booked¬¬¬ through our site will conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Services of that kind are commonly supplied.
- OUR LIABILITY
8.1. Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the price paid for the Services.
8.2. Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
8.2.1. loss of income or revenue;
8.2.2. loss of business;
8.2.3. loss of profits;
8.2.4. loss of anticipated savings;
8.2.5. loss of data; or
8.2.6. waste of management or office time.
8.3. We do not in any way exclude or limit our liability for:
8.3.1. death or personal injury caused by our negligence;
8.3.2. fraud or fraudulent misrepresentation;
8.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.3.4. defective Services under the Consumer Protection Act 1987; or
8.3.5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- WRITTEN COMMUNCATIONS
9.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- NOTICES AND COMMUNICATIONS
10.1. All notices given by you to us must be given to us at the address above or by email to the address published on the Site on which you booked: firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice 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.
- 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 events outside our reasonable control (Force Majeure Event).
11.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.2.1. strikes, lock-outs or other industrial action;
11.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.2.5. impossibility of the use of public or private telecommunications networks;
11.2.6. the acts, decrees, legislation, regulations or restrictions of any government;
11.2.7. pandemic or epidemic.
11.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
13.1. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
14.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
14.2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. If you wish to rely on any such statements, then please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
14.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
14.4. Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or in any other reasonable way.
15.2. You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Letting Summary (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation Letting Summary).
- LAW AND JURISDICTION
16.1. Contracts made through our site 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. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- THIRD PARTY RIGHTS
17.1. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.