Booking Terms
Please read the below and contact us if you have any questions.
We provide a platform through this Website for you to reserve apartments with Property by CAPITAL and our partner properties.
Reasonable care has been taken to ensure that the content of the Property by CAPITAL 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 the Property by CAPITAL Website (and/or other means of promotion or advertising) is published in good faith but you acknowledge that we cannot check the accuracy of all information provided by its third-party apartment providers. If any specific item advertised in relation to an apartment or building is important to you, you should contact a member of our Guest Services team who will enquire with the provider on your behalf.
Booking Partner Properties
For our Partners, Nell Gwynn House we are acting solely as an intermediary between you and the Property Partner for the apartment you book. We have been authorised to act as its agent to take bookings for its apartments through this Website.
We transmit the details of your Booking Request to the Property Partner and send you a Confirmation of your Contract for and on behalf of the Property Partner. With thus type of booking, our sole obligation to you is to provide a booking service for and on behalf of our Property Partners in accordance with these Terms.
When a Confirmation is issued, you will be entering into a legally binding contract for the provision of the Serviced Apartment directly with the applicable Property Partner.
By making a Booking Request through the Website you confirm that you have read and agree to these Terms and the Terms of Stay displayed on this Website on the date of your Booking Request. The Terms of Stay are provided by Property Partner and are contained within the description of each Serviced Apartment. If you do not fully agree to these Terms and the relevant Terms of Stay, you are not authorised to make a Booking Request.
Any additional services like luggage drops, early check in/late check out and cleaning alongside any in-house issues or maintenance will need to be directed to the team at the property who are open 9am-5pm weekdays.
Booking Property by CAPITAL
1.1 If you’ve booked an apartment via our website or directly with us [Property by CAPITAL], it may be an apartment that we own, an apartment that is managed by us on behalf of someone else, or a third-party apartment provider. Placing a booking with Property by CAPITAL will constitute an agreement to these Terms and Conditions.
1.2 Whilst we offer the ability to book individuals apartments, we reserve the right to amend this. We’ll do our best to match you with the style and size of apartment that you requested. The exact apartment number will be provided 24 hours prior to arrival within your arrival instructions for self-check-in properties. In instances, where you have viewed and requested a specific apartment, we will do our best to try and match your needs, whilst reserving the right to reallocate you. Please refer to clause 31.1 below.
1.3 When you make a booking with us, it’s your responsibility to inform us of the names of the relevant guests and whether they are adults or children. It’s important that we are aware who is staying in the apartment for the health and safety of all guests. Guests/tenants who have not been notified as staying with us at the time of booking, will not be able to stay at our properties. This is a requirement for health and safety reasons.
1.4 Our apartments are not pet friendly. Therefore, guests or a guests visitor cannot bring pets to the property.
1.5 Our apartments are non-smoking. Guests/tenants found to have violated this rule will have their booking cancelled with immediate effect and will be asked to vacate the property.
1.6 Guest/tenant(s)s shall be required to complete an online damage deposit and ID verification check prior to arrival. We may request a copy of valid photographic identification upon arrival. The ID must belong to the named person on the booking and be a match to the name of the cardholder who paid for the booking. In the event ID is not provided or there is not a match to the name on the booking and the name of the cardholder, we reserve the right to refuse the booking. The forms of ID that shall be accepted are a passport, photographic card driver’s licence or EU national ID card.
1.7 Please note that the property and apartments images displayed on the website are provided as a guide. All of our images have been taken from 2020 onwards, so are a reasonable representation of the apartments. In some cases, furniture design, colour and type may differ due to soft furnishings updates. Apartment layouts may also vary slightly depending on the apartment position within a particular building. If you have any requirements or preferences, please let us know at the time of booking so we can note this request. This is a request only and cannot be guaranteed.
Paying for your Accommodation
2.1 The payment terms relating to your specific booking will be advised at the point that the booking is made and will be dependent upon the terms set out on the channel you choose to book. This may mean payment is due at the time of placing the booking, or dependent upon the length of stay.
2.2 Please note that we do not accept cash or cheque payments for any bookings. Payment can be made by Credit or Debit card, bank transfer, or using our secure payment link (which is sent by email).
2.3 Your booking shall not be secured until payment is received, and a booking confirmation is issued by us. Unless otherwise agreed, payment in full is required at the time of booking or prior to the Occupation Period. If payment does not reach us at least 24 HOURS before the scheduled arrival time, we reserve the right to suspend or cancel any booking made.
2.4 All payments will be quoted and processed in Great British Pounds Sterling (GBP). Any price quoted by us in a currency other than GBP is an estimate based on a conversion of the price in GBP to the other currency. The exact price that you pay will then depend on the exchange rate applied by your bank or card issuer and is not the responsibility of Property by CAPITAL.
2.5 In the event that you are entitled to a refund, it will be processed in GBP. Property by CAPITAL accepts no liability for any fluctuations in exchange rates that may occur between the original payment date and the refund date.
2.6 These terms and conditions will apply regardless of which payment method and payment terms are used.
2.7 For guests that have already checked-in, failure to settle any outstanding debt for additional items requested and not paid for, will result in us commencing full legal recovery of the balance outstanding, as well as legal costs and any other interest charges.
2.8 We reserve the right to cancel a booking if full payment for the booking, or any applicable cancellation and/or amendment fee relating to a booking, is not received at least 24 HOURS before the scheduled arrival time.
Handling your Payment Method
3.1 We reserve the right to cancel a booking if full payment for the booking, or any applicable cancellation and/or amendment fee relating to a booking, is not received at least 24 HOURS before the scheduled arrival time.
3.2 Credit/Debit card details must pass our security checks. Failure to do so may result in us refusing to accept the booking.
Use of the Property/Apartment
4.1 You and any guests of visitors that you permit to enter the apartment or property must comply with the Property Policy which is provided in the arrival instructions. If you wish to review the policy beforehand please contact Reservations@propertbycapital.com to receive a copy.
4.2 These terms apply to all apartments that we market. Some apartments many have additional terms and conditions.
4.3 If you require a cancellation of amendment of your booking, the specific policy that applies to your booking will be advised during the booking process. In the absence of this information, the applicable policy is included in the ‘Cancellation and Amendment’ policy below.
Contract
5.1 Your booking is an offer to enter into a contract with us, by holding space for your use within a property that we operate or a building that we manage.
5.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
5.3 Except where otherwise expressly stated in these Terms & Conditions, we regret that we cannot accept liability or pay any compensation where the performance (or prompt performance of our contractual obligations) is prevented by events beyond our control as a result of Force Majeure. For the purposes of these Terms & Conditions, Force Majeure means any event which we (or the supplier of services in question) could not, even with due care, foresee or avoid. These events may include (but are not limited to) the following: act of God, outbreak of hostilities, civil commotion or disturbance, acts of terrorism, rioting, 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.
5.4 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.
5.5 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
5.6 For all bookings, other than with regard to personal injury or death, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with incomplete or non-performance, will be limited to a maximum refund of the total price paid for the particular booking concerned.
5.7 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the English courts shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms and Conditions and submit all disputes to the jurisdiction of those courts.
Security Deposit (Damage Deposit)
6.1 We reserve the right to request a Security Deposit without prior warning, upon point of check-in. Failure to pay the requested Security Deposit may result in your booking being cancelled.
6.2 This Agreement does not create a tenancy and therefore Property by CAPITAL will not register your Security Deposit in an approved Tenancy Deposit Protection Scheme.
VAT
7.VAT may be applied to the cost of your booking or it may be included in the rate. This will be made clear to you at the point of booking. VAT will be applied at the prevailing rate in force at the time of invoicing, in accordance with HMRC guidelines.
Cancellation & Amendment Policy
8.1 Cancellation and amendment terms vary depending upon whether you have booked an apartment in a property owned by Property by CAPITAL, an apartment managed by Property by CAPITAL on behalf of someone else, or an apartment from a third-party apartment provider.
8.2 Cancellation and amendment terms apply independently to any booking made with us via our own Website, reservations centre or any partner sales channel. The specific cancellation and amendment terms are advised to you during the booking process and confirmed to you in the Booking Confirmation. These terms may, for specific types of booking, prohibit cancellation and/or amendment altogether. Where no specific cancellation or amendment policy is advised to you during the booking process the Standard Cancellation and Amendment Policy stated below shall apply.
8.3 Once a booking has been confirmed by us, it may only be cancelled or amended in line with the cancellation and amendment terms applicable at the time of booking. Where no cancellation and amendment terms were offered the terms below become binding. Any request to cancel or amend your booking should be made to reservations@propertybycapital.com stating your booking reference.
Property by CAPITAL’s website, marketing and sales materials and those of third parties selling accommodation in our apartments may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fees, or availability applicable to your booking. Property by CAPITAL assumes no responsibility or liability for such errors, inaccuracies, or omissions. Property by CAPITAL shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. Property by CAPITAL shall have the right to make changes, corrections, cancellations, amendments and/or improvements to such information or bookings based on such information, at any time, including after confirmation of a booking.
Cancellation Policy
9.1 Terms vary depending on whether you request to cancel or amend your booking, as outlined below.
9.2 Where your booking has been made with our Standard Cancellation and Amendment Policy, the Cancellation Terms below apply. Your opportunity to cancel your booking without penalty is determined by the length of your stay and the amount of notice you provide to us prior to the commencement date of your booking. In order to cancel a booking without penalty you must e-mail us at reservations@propertybycapital.com, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive):
9.3 You must write to us and provide notice of your cancellation
– 1-14 nights booking – No less than 24 hours prior to midday on the day your booking commences.
–15-29 night(s) booking – No less than 7 days prior to midday on the day your booking commences.
–30 + night(s) booking – No less than 14 days prior to midday on the day your booking commences.
9.4 If you fail to provide us with adequate notice, the charges levied are based upon the length of your original booking as per the table below
Penalty if inadequate notice is provided
– 1 – 7 night booking – A fee equivalent to the full Accommodation Fee for your Occupancy Period
– 15-29 night booking – A fee equivalent to the full Accommodation Fee for your Occupancy Period
– 30 + night booking – A fee equivalent to the Accommodation Fee for an occupation period of 14 nights at the Occupation Rate you have been charged.
9.5 If you haven’t checked-in by midnight on the Commencement Date and you’ve not informed us that you intend to arrive at a later date, we will assume you have cancelled the booking and will apply our Standard Cancellation Policy as outlined above. You will not have the opportunity to amend your booking.
9.6 We fully reserve the right to cancel, at our sole discretion, any booking agreement made with us at any time up to the point of Check-In. If we cancel your booking any time after 24 hours prior to the scheduled time of your arrival, we shall refund the cost of the booking to you within 7 days of the scheduled arrival time. Once you have moved in to the property, if you breach any part of this Agreement we will terminate your booking with immediate effect and no refund shall be provided.
Amendments to your booking
10.01 Our amendment policy is set out below; however, where we act as an agent to a third party supplier the amendment policy of that supplier may differ from our own policy and shall apply to the booking. The amendment policy of any third party will be confirmed to you in writing at the time we confirm a booking.
10.02 Where your booking has been made with our Standard Cancellation and Amendment Policy, please review the Amendment Terms below. Your opportunity to amend your booking without penalty is determined by the length of your stay and the amount of notice you provide to us prior to the first date of your pre-amended booking that your requested amendment will mean you no longer want to be part of the occupation period post-amendment. In order to amend a booking without penalty you must e-mail us at reservations@propertybycapital.co.uk, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive): Amendment terms vary depending on the type of the amendment requested, the length of the original booking and whether the amendment has been requested prior to or after checking in to the apartment originally booked, as outlined below.
10.03 If you wish to extend your booking, we will need some notice from you, preferably by email. We will try to extend your booking in the same apartment where possible but we cannot guarantee this. If you don’t provide us with adequate notice, this increases the likelihood of us needing to accommodate you in another apartment or building, or not being able to accommodate you at all. For the purposes of adequate notice, this is at least 24 hours’ notice on a normal working day (Monday to Friday) but 48 hours’ notice on weekends and Bank Holidays.
10.04 If we’re able to extend your booking, we will send a secure payment link. Only upon receipt of the payment will your extension be confirmed. International bank transfers are not accepted for booking extensions.
Amendments Requested Prior to Commencement Date of Booking that involve change of start date and/or end date
10.05 Amendments made prior to the commencement date of your original booking will need to e-mail us at reservations@propertybycapital.co.uk, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive):
10.06 You must write to us and provide notice of your Amendment
– 1 – 14 nights – No less than 4 days prior to midday on the day your booking commences.
– 15-29 nights – No less than 7 days prior to midday on the day your booking commences.
– 30 nights – No less than 14 days prior to midday on the day your booking commences.
10.07 If you fail to provide us with adequate notice, the charges levied are based upon the length of your original booking as explained below.
10.08 Penalty if inadequate notice is provided
– 1 – 14 nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used. For avoidance of doubt, the Guest/tenant(s) and Guests may utilise the accommodation for the entire period being paid for.
– 15 – 29 nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 7 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Guest/tenant(s) and Guests may utilise the accommodation for the entire period being paid for.
– 30 + nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 14 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Guest/tenant(s) and Guests may utilise the accommodation for the entire period being paid for.
Amendments Requested On or After Commencement Date of Booking that involve change of start date and/or end date
10.09 If you wish to check-out prior to your booked Departure Date than you will remain liable for the full fees for the booked Occupancy Period at the Occupation Rate. In certain circumstances, we will allow a booking to be amended to an earlier Departure Date. If your amendment to an earlier Departure Date reduces the length of the Occupancy Period such that it falls within a higher Occupation Rate then no amendment to the Departure Date will be permitted unless you agree to pay for the amended Occupancy Period at the higher Occupation Rate.
10.10. If you check-out prior to the booked Departure Date or amend your booking to an earlier Departure Date, then we will attempt to re-sell the apartment. We won’t be required to refund you any money due to the fact that we are able to let the apartment to an alterProperty by CAPITAL guest/tenant(s).
Apartment Terms of Use
This section covers what we expect of any Property by CAPITAL guests and also what you can expect from us.
Licence
11.1. This licence permits you or any guest named by you to us at the time of booking to stay at a specific type of apartment within a building operated by Property by CAPITAL and permits you and those named access to that apartment through Common Parts of the building for the Occupancy Period that you have booked and for any extension we agree. This permission is conditional on prompt payment of a fee and subject to appropriate behaviour on your part.
11.2. We hope we will not need to, but we can withdraw that permission at very limited notice if we need to. This licence does not grant you or any other party a right to stay in a specific apartment or create any form of legal interest in the apartment, building, or other property. Nothing in this document or any other agreements creates a tenancy in respect of any property.
11.3. All the obligations under this licence are those of you and of any Guest/tenant(s) or other person you allow to enter the building or apartment, whether or not you have notified us of that person’s attendance. You take full responsibility for the behaviour of any person that you, or an Guest/tenant(s) that you have approved, allows to enter the building or apartment.
11.4. As the apartments are used as serviced holiday accommodation they are exempt from security of tenure legislation. You acknowledge that you have the right to occupy the apartment for the purposes of your booking and that you are not using it as a dwelling house or for commercial purposes. You have no security of tenure over any apartment operated by Property by CAPITAL and no rights of occupation are created apart from those associated with your booking.
Fees
12.1. Your fees are inclusive of all charges in respect of the following utilities: Gas, Electricity, Water, TV Licence, Council Tax and Insurance for any items supplied by us. Please note that our insurance does not cover your possessions or those of any Guest/tenant(s).
12.2. You and the other members of your party are responsible for payment of any charges made for use of any other facilities not listed above such as, but not limited to, Cleaning, Ironing, Dry Cleaning, Full Housekeeping, Upgraded Broadband, Gym Membership, Parking Facilities, Storage Facilities, Satellite TV, Kitchen Packs and any other fees levied by Property by CAPITAL for the use of amenities.
Use
13.1. You agree to use the apartment and building for residential purposes only and in particular you agree not to:13.1.1. Operate any form of business from the apartment;13.1.2. Use the apartment or building for any illegal or immoral purpose;13.1.3. Consume or keep illegal drugs at the apartment or building;13.1.4. Smoke in the apartment or building;13.1.5. Carry out any action that would cause damage or deterioration of the apartment or building;13.1.6. Bring any animals or pets into the building or apartment without first notifying Property by CAPITAL and having obtained prior written approval from us. You may be required to pay additional cleaning fees and refundable deposits depending on which property you are staying in.13.1.7. Obstruct any corridor or emergency exit in the apartment or building;13.1.8. Damage, misuse, inhibit or render inoperative any safety equipment, fire safety equipment, or alarm system.
13.2. You agree to use the apartment and the building in a reasonable and responsible manner at all times.
13.3. You agree not to display any items in the windows, or hang items out of the windows, such as signs, laundry, flags, posters etc.
13.4. You agree to store bicycles in the storage areas provided and not to bring bicycles into the building or apartment at any time. If a bicycle is found to be stored within the apartment, we reserve the right to remove it and place it into the storage area.
13.5. You agree to adhere to the Fire Safety Notices provided in every apartment, not to tamper with any fire safety equipment provided, never to cover heat or smoke detectors and not to cause false activation of the fire alarm systems.
13.6. Any damage caused to fire safety equipment is a criminal offence and Property by CAPITAL will report any occurrence to the authorities and press charges. We will also seek damages for the cost to repair any equipment.
13.7. Property by CAPITAL will levy a charge to you in the event that you cause repeat or persistent false activation of the fire alarm system.
Condition upon your Arrival
14.1. Property by CAPITAL have agreed to provide the apartment and its fixtures and fittings to you clean and in good repair and condition. For bookings of greater than 28 days, we may conduct an inventory and condition report. If provided with this, we advise that you check this upon arrival and inform us if you identify any issues with cleanliness or lack of repair. If you do not report any issues within 24 hours of Check-In then you agree that the apartment is provided in that condition. Any issues to be reported on arrival or during your stay need to be reported to the Operations Team at maintenance@propertybycapital.co.uk
Fixtures & Fittings
15.1. You agree to operate any appliance, fixtures and fittings provided by us in accordance with the provided instructions. If upon your arrival we have not provided you with instructions you must ask for these prior to operating the appliance. Failure to operate the appliances as per the instructions may result in damage to the appliance, which we will hold you responsible for. You agree to look after them and return them back to us, at the end of the booking, in good condition.
15.2. Guest/tenant(s)s are not permitted to fix anything to the walls of the apartment. If you wish to fix anything to the walls of the apartment, please speak to the Operations Team who will provide a member of our maintenance team to help you.
Reporting Repairs
16.1. You agree to promptly report any items within the apartment or building that require repair, to us. You also agree to take action as soon as you become aware of a problem to minimise its effects and prevent it becoming worse. In the event that an unreported issue worsens and causes damage, you agree to compensate us for any losses we may suffer.
16.2. You are not permitted to make any repairs or instruct another party to make any repairs to the apartment. If you make a repair or instruct another party to make a repair on your behalf then you will be liable for any defects in materials or workmanship which reduces the apartment below the standard it was in at the start of the booking. You will also be liable for any costs or expenses we incur in checking the quality and suitability of any repair you have made. If we are made aware at any time that repairs or alterations have been made to the apartment we will terminate this Agreement with immediate effect.
16.3. If once you have vacated the apartment, we identify a required repair that you have not reported to us, we will assume this to be damage due to negligence or carelessness and charge you accordingly.
Ventilation
17.1. You will keep the apartment properly ventilated to ensure that there is no build-up of damp or moisture or of cooking smells, smoke or grease.
Refuse
18.1. You will dispose of all rubbish and waste promptly using the facilities provided. You will not dispose of waste or rubbish in any system not designed for this. In particular you will take care to avoid blocking of or damage to drains or sanitary appliances by seeking to dispose of inappropriate items or abrasive, corrosive or hazardous substances. Appropriate refuse disposal areas are provided in all properties.
Cooking
19.1. You will use the cooking facilities provided with reasonable care and according to the manufacturer’s instructions so as not to cause damage to the apartment, building or any fixtures and fitting and so as not to cause fire or smoke alarms to be activated.
19.2. Deep fat fryers are strictly prohibited
19.3. All cooking must be carried out with proper ventilation using the provided equipment so as not to cause odours to remain in the apartment. Where odours from cooking remain after your departure, we may charge you for professional services to help remove them.
Cleaning
20.1. You will keep the apartment clean and tidy and will bear primary responsibility for its condition on your departure, even if you have asked us to supply you with a separate cleaning service.
20.2. If there has been a breach of this Agreement by keeping animals within the apartment or smoking then specialist cleaning will be required and any costs incurred will be levied against your account.
Condition upon your departure
21.1. At the end of your booking or upon your Departure Date if you choose to leave earlier, you agree to removing all Guest/tenant(s)s or other persons, all possessions and rubbish from the apartment and building and leaving the apartment and its fixtures and fittings in the same good clean condition it was provided to you at Check-In. We recognise that over time the condition of some areas may deteriorate due to wear and tear; we will be fair about this.
21.2. If upon your departure, we identify any Property by CAPITAL property is missing we will seek damages from you to cover the cost of replacing such items. We will also inform the Police and press charges.
21.3. If you or any other Guest/tenant(s) leave any property behind which is bulky or not easily portable then you shall be liable for an on-going licence fee until such time as we can remove the property and you shall also be liable for any costs we might incur in removing or storing this property.
21.4. If you leave any other item behind that Property by CAPITAL deem as high value, such as jewellery or electronic goods, we shall attempt to make contact with you to arrange collection. You shall be liable for any storage costs we might incur in storing it for you and you agree that if any item is not claimed within 7 days of your departure or you are not contactable during this time then it shall be deemed abandoned and we can sell or dispose of it at our sole discretion with us retaining any proceeds of any sale to offset our storage and administrative costs. Please contact Guest Services on +44 (0) 203 740 4160 for enquiries relating to any item which has been lost or you may have left behind. Items shall be held for 4 weeks from departure.
21.5. Food items or perishable goods will be disposed of immediately upon Property by CAPITAL becoming aware, Property by CAPITAL will not store or save any such items for Guest/tenant(s)s under any circumstances.
21.6. We will notify you within 1 week of your departure of any damage and additional cleaning required and the charges for repairs, replacement and work required. We will reference the inventory and condition report that was undertaken prior to your arrival. Where possible, photographic evidence will also be supplied. If an apartment is vacated in such a condition that repairs and cleaning will make the apartment uninhabitable for more than 48 hours, an extra charge equivalent to 48 hours occupation will be made.
Compensation
22.1. You agree to compensate us for any cleaning or decoration of the apartment or building required, any losses we might suffer, or any fees or charges we have to pay, including compensation to other persons staying in the same building, caused by failure to fulfil any of your obligations in this Agreement.
Noise & Nuisance
23.1. You agree not to cause excessive noise in the apartment above and beyond that which might reasonably be expected due to its anticipated use as a residential premise. You agree to use the apartment in a manner which does not cause a nuisance to other persons residing in other apartments in the same building or in nearby buildings and not to obstruct, harass, cause a nuisance to, or inconvenience any person residing, working for or on behalf of Property by CAPITAL, or carrying out their lawful business in the building or immediate area.
23.2. We operate a zero-tolerance policy to any amplified noise after 11pm and before 8am. We will terminate this Agreement with immediate effect if any Guest/tenant(s) or invited visitor is found to be causing excessive noise.
23.3. We operate a strict policy against parties or gatherings in our buildings and apartments. Any substantial complaint or a party will result in any visitors involved in the party being asked to leave and will lead to termination of this licence with immediate effect.
Visitors & Overnight Guests
24.1. Property by CAPITAL operates a strict security policy to ensure the health, safety and welfare of all our Guest/tenant(s)s and Staff. During all times, the safety and behaviour of any visitor or overnight guest remains the responsibility of the Guest/tenant(s). For the avoidance of doubt any breach of the terms of this licence by a visitor will be the responsibility of the Guest/tenant(s) who allowed the visitor into the building or apartment and the Guest/tenant(s) will be treated as being in breach of this licence. We reserve the right to ask non-resident guests to leave at any time.
24.2. Overnight guests are allowed, but the total number of Guest/tenant(s)s in the apartment at any time cannot exceed the maximum number of Guest/tenant(s)s allowed to stay in the apartment. The maximum occupancy of an apartment is communicated at the time of booking. This is to ensure we adhere to fire regulations and Health & Safety legislation.
Guest/tenant(s)s
25.1. You agree not to change the number or identity of Guest/tenant(s)s without first notifying us.
25.2. Only persons notified to us prior to your arrival date and/or listed on our written confirmation of booking may occupy the apartment. You may not re-let/sublet the apartment to any other third party, nor may you permit any other person to stay in the apartment or give keys/access information to any other person without our express permission in writing. You and anyone who occupies the apartment with you further agrees not to use the apartment for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted in writing by us.
25.3. The number of persons permitted to occupy the apartment is limited to the number listed on our written confirmation of your booking. You must not allow this limit to be exceeded neither can you change the composition of the guest/tenant(s)s during your stay without our permission in writing. If you do either of these things, we can refuse to hand over the apartment to you or can evict you and repossess the apartment without notice. If we do so, this will be treated as a cancellation by you and the Cancellation and Amendment policy will apply. In these situations, Property by CAPITAL are not subject to any notice terms. We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as incurring the cost of securing alternative Property by CAPITAL accommodation). In this situation, we are not under any obligation to find any alternative Property by CAPITAL accommodation for you.
Security
26.1. You will take care to ensure the security of the apartment and building by: 26.1.2. Taking care of access keys, tokens or codes and not giving them to persons who are not agreed with us to be Guest/tenant(s)s; 26.1.3. Ensuring your apartment door is locked every time you leave the apartment; 26.1.4. Not propping or holding open external doors, windows, and other forms of access to the building and apartment when you are not supervising them; 26.1.5. Property by CAPITAL takes no responsibility for any items that Guest/tenant(s)s or their guests have lost during their stay.
Advertising
27.1. You agree not to display any form of sign or logo that is visible from the exterior of the apartment or building and not to use the apartment or building, its address or location in any form of advertising or promotional material.
Access
28.1. Throughout your stay, we or a contractor permitted by us may need to enter your apartment. We will aim to provide you with at least 24 hours’ notice of our intention to access your apartment and where possible to access your apartment during normal working hours, however this may not always be possible. We shall not be required to provide the notice in this clause 28.1 in instances of emergency or unforeseen circumstances.
Staff
29.1. Our Staff are here to help. We will not tolerate any harassment, abuse, or violence toward any member of our Staff, our third-party apartment providers and their Staff, or any of our suppliers or contractors. Anyone found to be threatening or harassing a member of our Staff will have their licence terminated and we will report the matter to the Police.
Insurance
30.1. We strongly recommend that you take out adequate insurance to safeguard against risks such as theft, accident, or the cost of cancelling. Property by CAPITAL will not be held responsible for the theft and/or damage of your personal belongings during your stay in any apartment booked.
Our Obligations:
Provision of Apartment
31.1. We and any third-party apartment provider agree to provide you with accommodation of at least the standard and size you have booked or, if this is not available, we shall use our reasonable endeavours to provide such accommodation of a higher quality and larger size as we shall decide in our sole discretion. We do not agree to provide you with a specific apartment at the location requested at booking. If we have to downsize your apartment we will reimburse you any difference in the fees.
Provision of cooking and washing facilities
32.1. We agree to provide you with functioning cooking and washing facilities within your apartment.
Cleanliness and Condition
33.1. We will ensure that your apartment is cleaned to a high standard and that the apartment and all fixtures and fittings are in good repair before allocating it to you.
33.2. We will conduct regular visits to the apartments to check the condition of the apartment, no less than every quarter. We will provide written or verbal notice of our intention to visit your apartment 48 hours prior to the visit taking place.
Repairs
34.1. We will keep in good repair and proper working order: 34.1.2. the fabric and structure of the apartment and the building it is within;34.1.3. the utilities and conduits for the provision of water, gas, sanitation, drainage and electricity;34.1.4. any appliances, furniture, fixtures or fittings we have supplied
34.2. We are not liable for any repair until it has been notified to us. We are entitled to a reasonable time to make any repair that is required having regard to its seriousness., your circumstances, the time of day, any public holidays, and the availability of necessary parts. Where we cannot make a repair in a reasonable time we are entitled to require you to move to an alternative Property by CAPITAL accommodation.
34.3. We will not be obliged to repair or replace anything that has been damaged or destroyed due to your negligence, carelessness, or misuse or that of any Guest/tenant(s) or guest or visitor you or an Guest/tenant(s) have invited into the building or apartment. If we do repair or replace any such items we will charge you the full cost.
Miscellaneous
35.1. Termination We may terminate this licence at any time where you are in breach of any part of this licence or any other agreement made with Property by CAPITAL or a supplier of services provided in relation to your occupation of the apartment. You may terminate this licence only in accordance with the terms of the early departure and cancellation provisions in this Agreement with us.
35.2. Collateral Agreements This licence is granted subject to the booking, cancellation, and extension provisions contained in this Agreement you have entered into with us.
35.3. Notice Any notices required under this Agreement will be sufficiently served if emailed by us to you at the email address provided on booking or by you to us if sent to Property by CAPITAL, Nell Gwynn House, Sloane Avenue, SW3 3AU or reservations@propertybycapital.com
35.4. Definitions and Interpretations This licence shall be subject to the definitions and interpretations contained within this document.
35.5. Feedback and Complaints We aim to deliver the best possible service, in the unlikely event we fall short of your expectations we want to hear from you. We aim to acknowledge any complaint within five working days, but up to a maximum of 14 working days in instances were we are extremely busy. Please contact us at customercare@propertybycapital.com.
Definitions
To make sure these Terms and Conditions are crystal clear, here’s a list of the wording we use and what we mean:
“Property by CAPITAL”, “we”, “us” or “our” “PBC“ means Property by CAPITAL Holdings Ltd, a company registered in England and Wales with the registered number 13165076 whose registered address is Property by CAPITAL, Nell Gwynn House, Sloane Avenue, London, SW3 3AU (including, where appropriate, our employees, third party apartment providers, suppliers and agents, and insurers) and any properties that Property by CAPITAL may own or operate on behalf of someone else.
“You” means the party making a booking for an apartment with Property by CAPITAL.
“Additional Services” means services provided by Property by CAPITAL or third party companies approved by Property by CAPITAL which are ancillary to the provision of residential accommodation.
“Administration Charge” means the charge of £25 + VAT which will be made by Property by CAPITAL for our time in the processing of cancellations or amendments to a booking.
“Apartment” means a self-contained unit of accommodation within in a specific building which you have booked and the Guest/tenant(s) is permitted by Property by CAPITAL to occupy in accordance with an Agreement to which these terms and conditions relate. At no time does Property by CAPITAL offer a Booking for a specific apartment and the actual apartment provided will not be finally allocated until Check-In. Property by CAPITAL may ask you to move from one Apartment to another at any time.
“Apartment type” means the size and quality of accommodation unit in a specified building which you have booked and the Guest/tenant(s) is permitted by Property by CAPITAL to occupy in accordance with an Agreement to which these terms and conditions relate.
“Alternative Property by CAPITAL Accommodation” means an alternative Property by CAPITAL Apartment that we offer you in the event that we are unable to allocate you the size or quality of Apartment you have booked with us at Check-In or where we require you to move from your Apartment. Wherever possible this will be of similar or better size and quality in the same Building or another Building.
“Booking Confirmation” means that Property by CAPITAL has acknowledged and accepted your booking on a provisional basis. It does not mean that Property by CAPITAL guarantees to provide you with accommodation in your chosen Apartment Type and this is subject to availability at the time of Check-In.
“Building” means the structure which the Apartment forms part of along with any Common Parts and approaches, parking area, or grounds dedicated to the use of the Building;
“Booking” means the arrangement made by you with Property by CAPITAL to occupy a specified Apartment Type in a specified Building for an Occupancy Period from a Commencement Date.
“Check-In” means the point in time on or after the Commencement Date at which you or a designated Guest/tenant(s) first arrives at the Building in order to take up occupation of an Apartment.
“Check-Out” means the point in time at which you and any persons allowed into the Apartment or Building by you or your Guest/tenant(s)s vacate the Apartment. This includes vacation at the end of the period of the licence we have granted to you, the termination of the licence by us, or on the basis of an agreed early termination. On check-out your liability for Occupation Fees will not necessarily end.
“Commencement Date” means the date upon which the Guest/tenant(s) is entitled to occupy the Apartment.
“Common Parts” means the entrance lobby, stairs, corridors, lounge, laundry, lifts, bicycle store and any other common areas within the Building provided for the benefit of all Guest/tenant(s)s of the Building;
“Contents” means some or all of the furnishings and effects to be found in the Apartment as listed in the inventory to be provided to the Guest/tenant(s) on moving in to the Apartment.
“Departure Date” means the date upon which you have agreed that your Guest/tenant(s)s will vacate the Apartment and the Building having removed all their rubbish and possessions from the Apartment and leaving it in good, clean condition. See comment on Check-Out
“Guest” means a person, other than the Guest/tenant(s), staying in the apartment provided by Property by CAPITAL
“Security Deposit” means monies held by Property by CAPITAL as security for any failure by you or by any Guest/tenant(s) to adhere to the terms of this Agreement.
“Interest” means simple interest calculated on a daily basis at the Law Society Interest Rate on any overdue payment. This interest will be calculated from the date that the payment falls due until the date that cleared funds are credited to a bank account operated by Property by CAPITAL.
“Fixtures and Fittings” means the furnishings and other appliances provided by Property by CAPITAL in the Apartment.
“Fee Period” means the period of one month beginning on the Commencement Date and on the same day of each month thereafter or any shorter period that remains between the start of a Fee Period and the Departure Date.
“Occupancy Period” means the period running from the Commencement Date to the Departure Date during which the Guest/tenant(s) is permitted to occupy the Apartment.
“Guest/tenant(s)” means the person or persons using the services provided by Property by CAPITAL, and/or any other person who have been named to Property by CAPITAL as occupying an Apartment.
“Occupation Rate” means the rate you are charged for each night of occupation of the Apartment booked. This rate is calculated based on the location of the Building you have selected, the Apartment Type sought, the number of Guest/tenant(s)s notified to us, and the length of the Occupancy Period booked for.
“Accommodation Fee” means the sums payable in respect of the occupation of the apartment.
“Recurring Card Payment” means the authorisation by you for Property by CAPITAL to deduct occupation, service and Security Deposit fees from a Valid Payment Card.
“Service Fee” means the sums payable in respect of additional services whether ordered by you at booking or by the Guest/tenant(s)s during their occupation.
“Similar size and quality” means an Apartment which we place in the same pricing band as the Apartment you have booked with us.
“Staff” Means any employee, agent, or contractor engaged by Property by CAPITAL in relation to its operations.
“Valid Payment Card” means a credit or debit card held in the name of one of the Guest/tenant(s)s, or a company which employs one of them, provided by American Express, Visa, MasterCard, Visa Delta and Maestro/Solo which has been registered with Property by CAPITAL and validated by them.
“Website” means the internet booking service operated by Property by CAPITAL for the purpose of selling and managing bookings of its Apartments.
“Visitors” means people visiting the Guest/tenant(s).