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The Phoenix Rooms Terms & Conditions, December 2013

Recital

TPR – The Phoenix Rooms

Guest – Any person(s) staying or intending to stay in the apartments

 

Terms & Conditions

1.1          Bookings

Any booking, however made, will only come into existence when payment has been made in full and your confirmation has been sent.

Restrictions may apply including, but not limited to, minimum night stay and age restrictions; you will be advised of these at the time of booking where applicable. We reserve the right to refuse any booking at any time.

All guest names and contact telephone numbers are required at the time of booking.

As soon as your confirmation and invoice are received, please check the details carefully. We regret we cannot accept any liability if we are not notified of any inaccuracy in the documentation. We reserve the right to correct any errors notified no later than 24 hours before your arrival date.

Once we have confirmed your booking we will not be under any obligation to make any refund or repayment in any circumstances other than as set out in conditions 4.3 and 5; your statutory rights are unaffected.

1.2          Extra Services

We will endeavour to do everything we can to help guests with special requirements. Please ensure we are made aware in writing, of any special requirements at time of booking. Although we will try to meet any reasonable requests no guarantees can be given that any request will be met. Conditional bookings cannot be accepted i.e. any booking which is specified to be conditional on the fulfillment of a particular request. Extra Services will be charged at the published rate at time of confirmation.

2.1          Payment

Payment in full is required at the time of booking for bookings made within one month of the stay. For bookings made outside the one month deadline then a deposit of 20% will be taken at the time of booking and payment of the 80% balance taken one month prior to arrival, unless otherwise agreed. If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made.

Credit or Debit card: A transaction fee of 3.0% on the total payable will apply to American Express Card (Amex) and 1.5% to Visa Credit Card and MasterCard payments. There is no transaction fee on Visa Debit Card or Maestro payments. Credit card details must match the security checks. We may pass your debit/credit card details to a third party to process any payments.

Bank Transfer: Bank details are available on request.

2.2          Security Deposit

A deposit to cover “additional charges “ (see 12), including breakages, damages, extra cleaning and further accommodation charges incurred during your stay, may be taken at the time of booking or on arrival at the apartment.

For stays of one month or more a £250 refundable deposit is taken.

2.3          Payment of Additional Charges

Valid credit/debit card details must be supplied at the time of booking and/or upon arrival at the apartments to cover “additional charges “(see 12).

These charges will be deducted from any deposit held or from a debit/credit card supplied and any balance on the security deposit will be refunded. A written statement of the “additional charges” will be sent to you. In the event that payment under a debit/credit card is declined, or no card details are provided, we reserve the right to invoice the booker or guest direct for these charges.

3          Pricing

The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates from time to time. Prior to the booking being confirmed rates quoted are based on the rates prevailing at the time but are subject to change. Once a booking has been confirmed we will not change the rate quoted unless you amend the booking or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control.

4.1          Changes, Extensions and Cancellations

All requests for changes, extensions and cancellations must be made in writing directly to us. Accordingly, if your booking is not changed, extended or cancelled through us you will be liable to pay us the full amount of the bookingAcceptance of any changes, extensions and cancellations is wholly at our discretion, a reference number will be given to assist in any questions regarding the changes.

If you wish to change any detail of your confirmed booking we will do our best to make the change. All changes of date are subject to availability. Should any change be rejected, the original booking will be re-instated. Acceptance of any changes is wholly at our discretion.

4.2         Extensions

If you wish to extend a stay please give us as much notice as possible in order to facilitate your request. All extensions are subject to availability and rate change.

Where notice to extend a stay has been given, we reserve the right to take all additional payments and charges from any credit/debit card used to make the original booking, or an invoice for the extended period will be sent to your billing address and payment must be made by return; failing this we reserve the right to cancel the extension, and no extension booking shall be binding on us until we have received full cleared payment.

4.3          Cancellations

We will make every reasonable effort to re-let your apartment if we receive a notice of cancellation from you and if we are able to re-let it for the whole of the period of your booking we will refund all money you have paid (including all booking fees, but excluding, where applicable, any amendment charges, and credit card charges you have already incurred) after deducting any costs (such as marketing and/or administration costs) reasonably incurred by us in connection with the re-letting.

If it is not possible to re-let the apartment for the full period booked then a cancellation charge will be payable, based on the number of days before your arrival date that we received written notification of your cancellation, as shown in the following table.  For the purpose of this table, cost means the total cost of the booking, including any extra items already booked by you.

Number of days before arrival date that written notification of cancellation is received by us:

More than 21 days – Nil

21-9 days – 50% of total fee due

8-0 days – 100% of total fee due

In addition, any security deposit paid by you will be refunded in full, unless there are any outstanding charges due to us, in which case you agree that we are entitled to use the security deposit towards such outstanding charges.

We strongly recommend that you obtain appropriate and adequate travel and personal insurance cover as, depending on the reasons for your cancellation, you may be able to reclaim our cancellation charges from your insurance company.

5        Changes by Us

We do not expect to have to make any changes to your booking however occasionally bookings have to be changed or cancelled or errors in information or other details corrected and we reserve the right to do so. If this does happen, we will contact you by telephone or email where reasonably possible. If a change has to be made or your booking has to be cancelled we will, if possible, offer you an alternative apartment of similar type and standard in a similar location for the same period. If the alternative apartment is advertised at a lower price, you will receive a refund of the price difference. However if the alternative apartment is at a higher price the new price will be payable. If you do not wish to accept a change or any alternative apartment offered or we cannot offer you a suitable alternative apartment, you may be entitled to cancel your booking and receive a refund unless this is the result of an Event beyond our Control – see below. You should tell us as soon as possible whether you wish to accept any change or alternative apartment offered or alternatively if you prefer a refund.

Events beyond our Control include but are not limited to the following: act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, 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, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo, blockade.

6          Insurance

We are not responsible for the theft and/or damage of your personal belongings during your stay in any apartment booked. Therefore you are advised to ensure you have appropriate insurances in place.

Any damage to the apartment or fittings that are subject to claim on our own insurers will be subject to any excesses being paid by the guest.

7          Website

Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites.

Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown.  Actual apartment size, design, fixtures, furnishings and facilities may vary.

8        Liability

All warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from any contract with us and these conditions shall apply in their place.

However, nothing in these terms and conditions shall affect your statutory rights if you are a consumer. Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or any liability that cannot by law be excluded.

Subject to the paragraph above, we shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

If you are booking for, as or on behalf of a business or business employee, that business shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your, or your business’, breach or negligent performance or non-performance of these terms and conditions. If you are booking for, as, or on behalf of a business or business employee, our 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 us under your booking.

Other than in relation to death or personal injury caused by our negligence, or any other liability that by law cannot be excluded or restricted, our liability to you in relation to these conditions is limited to the higher of (i) GBP £1,000; and (ii) the value of the booking made with us.

9.1          Your Accommodation

All apartments are occupied as serviced apartments and are only to be used as temporary or holiday accommodation for you, or your organisation. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or an assured shorthold or assured tenancy. No relationship of landlord and tenant is created and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment.

These conditions constitute an excluded agreement under s. 3A(7)(a) of the Protection from Eviction Act 1977 (as amended) and cannot be construed as an assured tenancy under the Housing Act 1988 (as amended).

The maximum guests in an apartment is four adults. If the maximum number is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional apartments.

9.2        Arriving and Departing

Apartments are available from  3pm on the day of arrival to 11am on the day of departure. Early arrival or late departure may be available for an additional charge but cannot be guaranteed unless booked from the night before arrival or for the night after departure.

9.3       Access to Your Apartment

Key collection details will be provided to you prior to arrival. Details of key collection will be given once your booking is paid for and confirmed. It is essential that you have this information with you on arrival and, where notified, contact us in advance to confirm the arrival procedure.

9.4        Departure

The procedure for departure will be confirmed on arrival.

10      Facilities and Services

The following information applies to all of our apartments. Further information is available on our website or from our reservations team or on arrival.

Cleaning: If you are staying for in excess of 7 days, your apartment is cleaned weekly. The day your cleaning is scheduled will be advised on arrival. Weekly housekeeping includes linen/towel change and general cleaning for one hour.  Extra cleaning may be provided on request in advance and for an additional charge.  For stays of less than 7 days we can supply housekeeping services, but this must be arranged with 48 hours’ notice and for an extra charge.

Maintenance: Routine maintenance is carried out regularly by our Management team; however, occasionally we may need access to your apartment to carry out essential maintenance. We will normally give you 24 hours’ notice except in the event of an emergency when we require immediate access.

Broadband: While we will make every effort to ensure the service is available at all times, we are unable to guarantee any internet or broadband connection and where a fault is deemed to be associated with the users’ hardware or software no support will be available. We are not responsible for loss or damage to guests’ computers or software at any apartment or while connected to a network service. Guests must not use the broadband connection at the apartment for illegal or immoral purposes and we reserve the right to pass on any records to the authorities if required.

Security: Guests will be provided with a set of keys/fobs/access cards to access the property and the apartment. Additional sets can be provided on request. It is your responsibility to ensure you are in possession of these at all times and that they are returned at the end of your stay. An additional charge will be made for replacements and if we are required to provide access due to lost or forgotten keys. The property is covered by 24hr CCTV which is recorded.

Interruption to services:  We will make every effort to ensure that guests enjoy a peaceful stay, however, we cannot guarantee or be held responsible for any failure or interruption of, services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband, internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property. Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time at our apartments, and will use reasonable endeavours to ensure any preferred supplier is made aware of, and rectifies, such problems within a reasonable period

Concierge Services: Our Concierge team is available to ensure your stay is as comfortable and enjoyable as possible. Contact details and working hours are made available on arrival.

We provide an ‘out of hours emergency contact service number’.  This is open 24/7 and is provided for genuine emergencies only, such as but not limited to: power loss, fire, flood, alarms and security matters.  Guests are requested to refrain from using the out of hours contact number for non-emergency events.  We reserve the right to charge £50 as a call-out fee for inappropriate use of this facility.

Special/general requests, i.e. hypoallergenic bedding; high chairs; cots, z-beds, breakfasts, etc, 48 hours’ notice is required, otherwise we are not able to guarantee the availability.

11          Guest Responsibility

Guests are expected to comply with any regulations for use of the apartment. These are available on arrival usually in the Guest Information Folder, in the apartment. If any guest breaches any of these conditions or the regulations, we reserve the right to request a guest vacate their apartment immediately without refund.

Smoking: Smoking is not permitted in any apartment or apartment building, smoking is permitted on the roof garden and the ashbins provided should be used at all times, any discarded cigarettes found on the floor or in plant containers will incur an extra charge and CCTV is in operation in this area.

Pets: Unfortunately due to the location of the apartments pets are not allowed.

Nuisance: Guests are required to behave in a responsible manner, respect the apartment and their fellow guests and keep noise to a minimum between the hours of 10pm and 7am. This includes causing any sort of nuisance or disruption to fellow guests or using threatening or abusive behaviour towards a member of staff on the phone, in writing or in person. Guests are not permitted to use the apartment for any illegal or immoral purposes.

Age Restrictions:  Bookings will not be accepted from any paying guests under the age of 18. Proof of identification and date of birth may be requested on arrival and if not presented on request, we reserve the right to cancel the booking.

Visitors: Guests are responsible for their visitors and must respect other users of the apartments at all times.

Damage: Guests are required to keep the apartment, furniture, fittings and effects in the same condition as on arrival. Inventories and condition reports can be provided at the start and end of the stay, if required. You are required to notify us of any damage, loss or broken items or matters requiring general maintenance. Any damage to the apartment may be charged in full. In the event that these are discovered after departure we will notify you or the booker within 7 days of departure with full details and where possible photographic evidence.

Cleanliness: We expect the apartments to be left in a reasonable state of cleanliness and order on departure. An additional charge will be made for extra cleaning or specialist cleaning to return the apartment to a fit state for occupation. Additional charges may include compensation for loss of revenue in addition to cleaning and repairs.

Lost Property: All your possessions should be removed from the apartment on the date of departure. We will use reasonable endeavours to retain any lost items for up to 3 months after your departure date. Guests should inform us in writing or by email: lostproperty@thephoenixrooms.com for enquiries relating to lost items.   Items left for more than 3 months will be given to charity.  There will be a postage charge.

Storage: Where facilities are available and at the owners’ risk storage of luggage may be provided.

12          Additional Charges

As a guide additional charges include, but are not limited to the following:

Breakages, loss or damage to the apartment or any of its contents

Cleaning, specialist treatment charges where more than routine cleaning is required or smoking has occurred – £100 minimum

Lost keys, fobs or access cards – £50 minimum

Prices for additional charges may change at any time. For payment of additional charges see 2.3.

13          Health and Safety

We take the health and safety of all our guests seriously. On arrival you should familiarise yourself with the layout of the apartment and building and the health and safety and fire procedures as detailed in your apartment.

14         Quality and Feedback

We are committed to providing quality accommodation and conduct regular audits to ensure that high standards are maintained at the apartments. We also welcome feedback from our guests and ask them to complete a guest satisfaction survey on departure. We value this feedback which provides us with useful information on how we can improve our services further.   

15         Complaints

Should you be dissatisfied with any aspect of your accommodation please notify the duty manager as soon as possible in the first instance. If you do not give us the opportunity to resolve a problem during your stay, this may affect the final outcome of any complaint received.

16          Privacy

Our Privacy and Cookies Policy is set out on our website www.thephoenixrooms.com

17          General

We reserve the right to change these conditions from time to time. If guests are in breach of any of these conditions, we reserve the right to request that guests vacate their apartment immediately. These conditions shall be governed by and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these conditions and any matter arising from them.

 

Privacy and Cookie Policy

TPR are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is The Phoenix Lounge Limited.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our website (www.thephoenixrooms.com). This includes information provided at the time of registering to use our website where registration is required, subscribing to our service or requesting further services. We may also ask you for information if you report a problem with our website.

If you contact us, we may keep a record of that correspondence.

Details of transactions you carry out through our website and of the fulfilment of your orders.

Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

What is a cookie?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests. The cookies used on this website have been categorised based on the categories found in the ICC UK Cookie Guide. A list of all the cookies used on this website by category is set out below, with a note as to whether we use them; and then some details of the actual cookies on the site, their purpose, and what to do if you do not consent to any specific cookies being used. Please note however that since we only use cookies where they will be of benefit, any failure to consent may limit your use of this site.

Category 1: Strictly necessary cookies:

These cookies enable services you have specifically asked for.

These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.

WE DO USE THIS CATEGORY OF COOKIE ON OUR SITE

Category 2: Performance cookies:

These cookies collect anonymous information on the pages visited.

These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

By using our website, you agree that we can place these types of cookies on your devise.

WE DO USE THIS CATEGORY OF COOKIE ON OUR WEBSITE

Cookie name Category Purpose
Google 2 Anonymous tracking of visitors for website statistics
Session Cookies 1 For ordering of services

 

For ordering of services

You may be able block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our website.

If you do not consent to cookies being placed, you must notify us of the cookies to which you do not consent.

Except for essential cookies, all cookies will expire after 12 months.

Where we store your personal data

TPR will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

To ensure that content from our website is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To notify you about changes to our service.

We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If TPR or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety TPR, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at The Phoenix Rooms, 73 Station Parade, Harrogate, HG1 1ST.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to admin@thephoenixrooms.com

The Phoenix Rooms, Prince Albert Row, 73 Station Parade, Harrogate, HG1 1ST. Telephone: +44 (0)1423 882999

Terms and Conditions | ® Copyright The Phoenix Rooms 2013