TERMS & CONDITIONS
Terms and Conditions VIVO Property Ltd - Guests
By booking accommodation with VIVO Property Ltd you are agreeing to the following terms and conditions.
1. THE BOOKING
Your booking is with VIVO PROPERTY LTD, which is a Limited Company, registered in England and Wales 11662079
of, 139 Wansbeck Road, Jarrow, Tyne & Wear, NE32 5SR
1.1. References to you or your guests are references to the person or organisation making the booking with VIVO.
1.2. These terms apply to bookings made via the VIVO website, by email or telephone or in person with VIVO. Bookings made via Booking.com, Tripadvisor, AirBnB and Homeaway or other online travel operator will be subject to their terms and conditions and additionally our own terms noted here.
1.3. Your booking is confirmed and a legal contract concluded once your payment has been successfully made. No booking is made or contract concluded when payment is declined or unauthorised.
1.4. You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
1.5. Bookings can be for any length from 1 night up to three months. Bookings may be made at any time up to 48 hours prior to your stay to enable us to check your status and payment card details are correct.
1.6. Bookings may only be made by a person aged 24 or above. With the exception of family bookings with children, all guests must be aged 24 or above. Proof of ID is required as is proof of address, which must match that of the card used for payment.
1.7. You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of VIVO.
2. PAYMENT & CANCELLATIONS
2.1. All payments shall be made by Credit or Debit Card.
2.2. Full payment is required upon booking unless expressly agreed otherwise by VIVO Property Ltd.
2.3. The total price for your entire stay will be presented to you before you confirm your booking and make payment. Our pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon VIVO any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
2.4. Both VIVO and you may cancel the booking at any time up to 7 days prior to the first day of your booking with VIVO in which case a full refund will be made to you. After this period the total amount will be payable.
2.5. If you cancel the booking within 7 days of the first day of your booking then VIVO reserves the right to retain the full amount paid. Any refund will be at VIVO’ entire discretion unless it is able to book out the accommodation to other guests, in which case it shall make a refund to you of your booking cost, less the administration fee of £15 and any difference in price where the replacement booking was off a lesser value.
2.6. VIVO reserves the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of VIVO’ reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation the client will receive a full refund and VIVO will use best endeavours to suggest alternative accommodation.
2.7 A Security Deposit of £200, to cover damages, breakages, extra cleaning, late check-outs and any unauthorised additional guests will be taken via credit/debit card pre-authorisation and refunded after check out (bank processing may take up to 5-7 working days).
2.8. A Late check out fee of £50 per hour will be charged where a late check out has not been pre-authorised.
3. YOUR STAY
3.1. Check-in time is from 3pm and check-out time is no later than 11am, unless expressly agreed by VIVO otherwise VIVO may request an additional payment for early check-in or later check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.
3.2. VIVO provide serviced accommodation rather than a hotel or guest house service. VIVO do not provide meals or newspapers.
3.3. Included in your room/apartment will be linen and towels, shower gel, hairdryer and ironing board. A daily cleaning service is available for an additional charge and further information is available on request.
3.4. Your accommodation will also include a supply of coffee, tea and milk.
3.5. You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions. In particular you and your guests must not:
3.5.1. Smoke in the premises. All rooms and common spaces in our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises.
3.5.2. Bring any pets into the premises, with the exception of assistance dogs or unless expressly agreed by VIVO,
3.5.3. Bring any potentially dangerous or hazardous materials or equipment onto the premises;
3.5.4. Tamper with any fire alarms or emergency equipment;
3.5.5. Remove, damage or destroy any VIVO property;
3.5.6. Use any technology provided by VIVO to download or access any unlawful or obscene material;
3.5.7. Cause unreasonable disturbance to our other guests or any VIVO staff;
3.5.8. Make excessive noise particularly after 11pm especially from TV's and other electronic devices;
3.5.9. Fail to return your room keys/fobs/cards at the end of your stay as, in the interests of security, we may have to replace the corresponding locks.
3.5.10 Use any VIVO Property Ltd property for any kind of gathering, party, entertainment venue or celebration. This will automatically lead to the forfeiture of your total security deposit, with an additional charge of £1000.00 applying for security call out, and you may be asked to leave the property at the time of security attending the property. Furthermore, you accept that we reserve the right to follow up with further legal action to get the money;
3.5.11 Use any VIVO Property Ltd properties for illegal activities, such as prostitution, which will lead to an immediate eviction from the premises without any refund on the remaining stay and automatically forfeiting the total damage deposit. Additionally, a charge of £1000.00 for security call out will apply if any VIVO Property Ltd employee or contractor attends to evict.
4. DAMAGE, THEFT & COSTS
4.1. VIVO reserves the right to charge to the credit/debit card used for payment or any other card used to provide security in respect of:
4.1.1 The cost of replacing or repairing any property of VIVO including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;
4.1.2 The cost of replacing any items of property which are stolen from the accommodation during your stay
4.1.3 Any breach of our non-smoking policy. A standard charge of £200 will be charged to your card where we find evidence of smoking within the accommodation to cover cleaning costs but we reserve the right to charge additional amounts to cover any damage caused by smoking.
4.2. Such costs may be charged on check-out but VIVO reserves the right to apply such charges to your card at a later date where necessary.
4.3. Where VIVO is unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt.
4.4. VIVO will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
4.5 . Loss of VIVO property and other additional charges that could be incurred during your stay at the property are listed below:
• Lost keys – £25.00
• Lock out charge – £75.00
• Emergency Call out charge (outside working hours) – £150.00
• Excessive cleaning – £30.00 per hour.
• Disruption / Noise complaints / Disruptive Social Gatherings – £1000.00
• Illegal Activities Conducted at the Property (such as Prostitution) – £1000.00
• Late check-out (with permission) – £20.00
• Overstaying (ten minutes over standard check-out time) – £25.00.
5. PRIVACY, DATA PROTECTION AND CREDIT/DEBIT CARD SECURITY
5.2. You should note that we are required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival. In addition, for guests who are not of British, Irish or Commonwealth nationalities we are required to take details of your passport or other travel documentation and the address of your next destination.
6.1. VIVO want to ensure that you have an enjoyable stay.
6.2. If you have a problem during your stay please talk to any member of staff who will be able to help you.
6.3. If VIVO are unable to informally resolve any complaint you have at the time of your stay then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing or email using the contact details below. Please provide as much information as possible in order that VIVO may properly investigate your complaint.
6.4. Your complaint will be dealt with by an appointed member of the VIVO management team. VIVO aims to respond to formal complaints within 2 days but if this will not possible VIVO will notify you of this and of when it expects to respond. VIVO will set out the outcome to your complaint in writing.
6.5. VIVO reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
Email address: email@example.com
Postal address: Vivo Property Solutions Ltd, 139 Wansbeck Road, Jarrow, Tyne & Wear, NE32 5SR
LIMITATION OF LIABILITY
7.1. The liability of VIVO to you under these terms and conditions shall be limited to the total value of your booking (unless the >Hotel Proprietor’s Act 1956applies, in which case our liability will be limited to the maximum prescribed under that Act) except where such loss is caused by our negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.
7.2. VIVO shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.
7.3. VIVO shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:
7.3.1. Strike, lockout or other labour dispute affecting the employees of VIVO;
7.3.2. Acts of God;
7.3.3. Natural disasters;
7.3.4. Acts of war or terrorism;
7.3.5. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
7.3.6. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;
7.4. Nothing in this clause or these terms shall limit VIVO’ liability for death or personal injury or in respect of fraudulent misrepresentation.
8.1. If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
9.1. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
10. ENTIRE AGREEMENT
10.1. These terms and conditions constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
11. THIRD PARTY RIGHTS
11.1. Nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise
12.1. This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.