T&Cs

Booking Terms & Conditions

1. Definitions in these Terms and Conditions The following expressions shall bear the following meanings:

"Apartment" shall mean the apartment booked by the Guest, details of which are presented on the Site and identified in the Confirmation.

"Booking" shall mean the booking requested by the Guest and confirmed by the Company in the Confirmation.

"Booking Information" shall mean the information required from the Guest in making the Booking including, without limitation, the Guest's full name, valid permanent residential address, valid credit or debit card details, mobile number and email address.

"Booking Process" shall mean the booking process undertaken by the Company including the receipt by the Company of all of the Booking Information and the satisfactory completion of the Identification and Security Checks.

"Breach" shall mean any breach by the Guest of these Terms and Conditions.

"Card" shall mean the credit or debit card, details of which have been supplied to the Company by the Guest for the purpose of the Booking.

"Confirmation" shall mean the confirmation of the Booking issued by the Company following completion of the Booking Process.

"Company" shall mean KM892 Limited, whose address is 19-21 Hatchett St, Birmingham, B19 3NX

"Contents" shall mean the contents of the Apartment including without limitation the furniture, furnishings, fittings, decorations, appliances, equipment and consumables.

"Damage Deposit" shall mean: - in respect of any studio or one bedroom apartment for a Stay comprising of either a Friday or a Saturday night the automatic sum of £250 - in respect of any two bedroom apartment for a Stay comprising of either a Friday or Saturday night, the automatic sum of £375 - a discretionary deposit of between £250 and £375 for any apartment type, on any day of the week.

"Extra Guests" shall mean any extra person in the apartment that is not booked to stay over night. For example, the maximum number of guests is: Ansty Court (4 people), Brindley House (5 people), Cube Studio (2 people), Cube One Bed (4 people), Temple House (4 people).

"Extras" shall mean the cost of any additional items or services purchased or ordered by the Guest during the Stay.

"Final Cost of Stay" shall mean the final total cost of the Stay including the Total Booking Cost together with any Liability.

"Guest" shall mean the person(s) authorised to stay in the apartment during the Stay, being the Principal Guest together with any other Permitted Guests.

"Identification and Security Checks" shall mean such checks as the Company shall from time to time deem necessary in order to validate the Booking Information.

"Liability" shall mean the total amount for which the Guest is liable in respect of any Breach as set in these Terms and Conditions.

"Permitted Guests" shall mean such number of guests due to stay in the Apartment as shall have been notified to the Company by the Principal Guest as part of the Booking Information and subject to the maximum number of persons permitted to stay in the Apartment as set out in these Terms and Conditions.

"Pre-authorisation" shall mean the pre-authorisation on the Principal Guest's credit card of the Damage Deposit Amount.

"Principal Guest" shall mean the person making the Booking, details of whom have been provided in the Booking Information.

"Site" shall mean the website www.birminghamshortstyapartments.com.

"Stay" shall mean the Guest's stay in the Apartment comprising the number of nights booked by the Guest.

"Total Booking Cost" shall mean the total amount payable for the Apartment for the Stay.

2. Terms and Conditions This Booking is made subject to the following Terms and Conditions:

2.1 Payment

2.1.1 Upon making the Booking, the Total Booking Cost shall be payable in full by the Principal Guest and shall be non-refundable in the event of cancellation at any time following Confirmation.

2.1.2 Valid photo ID will be required at check in.

2.1.3 In the event as guest cancels post confirmation, any nights that are rebooked will be refunded to the guest.

2.1.4 In the event that the Guest wishes to order any Extras, such Extras shall be payable in full upon ordering.

2.1.5 Where applicable the Company will undertake the Pre-Authorisation at check-in and shall release the Damage Deposit following check-out provided there is no Liability.

2.1.6 Following check-out by the Guest, the Company shall ensure that the Final Cost of Stay is available in invoice format via the Principal Guest's account on the Site. In the event that any Liability is due to be paid, the Guest authorises the Company to take such amount directly from the credit card used for payment of the Total Booking Cost. In the event that the Company is unable to take payment for any Liability from such card the Guest shall make payment of the Liability forthwith. Failure to make any such payment fully within seven days of dispatch of the statement shall render the Guest liable to interest on any outstanding amounts at the rate of four per cent over Bank of England base rate.

2.2 Booking Confirmation

2.2.1 The Booking will become valid and effective only upon completion by the Company of the Booking Process and dispatch by the Company to the Principal Guest of the Confirmation.

2.2.2 In the event that the Company is unable to complete the Booking Process it shall notify the Principal Guest and provide an opportunity for the Principal Guest to provide any Booking Information which may be missing or which could not hitherto be validated. In the event that the Company is still unable to complete the Booking Process the Company shall notify the Principal Guest that the Booking has not been confirmed.

2.2.3 In the event that, following the Confirmation, the Apartment is not available for any reason in respect of all or part of the Stay, the Company shall notify the Principal Guest as soon as reasonably practicable. In such circumstances the Company shall use all reasonable endeavours to offer the Guest a suitable alternative apartment. In the event that the Company is unable to offer the Guest a suitable alternative apartment, it shall refund the Total Cost of Stay to the Guest, provided that under no circumstances shall the Company be obliged to pay to the Guest any further sum(s) by way of compensation or damages arising from such cancellation.

2.3 Check-In/Out

2.3.1 The Apartment shall, subject to the terms of paragraph 2.4.15 below, be available exclusively to the Guest from 15:00 on the first day of the Stay until 11.00 on the final day of the Stay.

2.3.2 The Guest may be able to enter or leave luggage outside of these times during the Stay at the discretion of the Company.

2.3.3 The Guest may be able to 'check-in' earlier or 'check-out' later by prior agreement with and at the discretion of the Company.

2.3.4 The keys to the Apartment will be either collected by the Guest (UK) at Reception as set out in the Booking Confirmation. At the end of the Stay the Guest shall leave the keys (and fob) as directed. Failure to do so shall incur, by way of Liability, a charge of £125 to help cover the cost of replacement keys and fobs.

2.4 Terms of Stay

2.4.1 The Apartment shall only be occupied by the Guest, which shall include the Principal Guest. No-one other than the Principal Guest shall be permitted to make the Booking on behalf of a Guest without the express consent of the Company.

2.4.1.2 While every effort is made to adhere to the apartment location, postal number and price stated in a booking, We reserve the right to vary the location and postal number of the apartment at any time until check-in and vary the total price at any time before receiving the final payment from the client. Any variation will be communicated to the client in writing by post or fax. On receiving notification, the client has forty-eight hours to communicate non-acceptance of the variation described. If no such communication is received, the client is assumed to have accepted the variation. If communication of non-acceptance is received within forty-eight hours, all paid funds will be returned to the client without any deduction.

2.4.2 The Principal Guest will be aged 18 or over.

2.4.3 The Principal Guest shall at all times be responsible for the acts and/or omissions of the Guests and shall be liable to the Company in full for the responsibilities, obligations and liabilities of the Guest as set out in these Terms and Conditions.

2.4.4 The Guest shall not authorise or permit any other person(s) to enter or stay in the Apartment without the prior approval of the Company (Allowing "Extra Guests" will forfeit the security deposit).

2.4.5 The maximum number of persons permitted to stay in the Apartment shall be: - 2.4.5.1 In the case of a studio or one-bedroom apartment, two - 2.4.5.2 In the case of a two-bedroom apartment, four

2.4.6 The Guest shall not smoke in the Apartment. In the event that the Guest does smoke in the Apartment the Company shall be entitled to charge the Principal Guest the sum of £500.00 (five hundred pounds) by way of Liability to cover the additional costs of cleaning, freshening and airing the Apartment over a 24 hour period. Any damages caused will be charged for in addition to this fee. Guests may use vapes and ecigarettes provided they do not emit any smoke or smells. The use of incense sticks and candles are strictly forbidden.

2.4.7 The Guest shall not allow any pets or other animals to enter or stay in the Apartment.

2.4.8 The Guest shall at all times treat the Apartment and the Contents with care and respect and keep the Apartment at all times reasonably clean and tidy. In the event that the Guest causes any damage to the Apartment, or any damage to, or loss of any of the Contents, the Guest shall be responsible in full by way of Liability for such cost of any repair(s) or replacements as the Company shall reasonably determine.

2.4.9 The Guest shall not undertake any filming or photography in the apartment for their personal gain or their business' financial gain without the prior agreement of the Company. In the event of a breach of this clause the Guest agrees to the immediate and minimum payment of £500 (five hundred pounds) and to vacate the apartment immediately. The Company may also reasonably determine that further payments are due. Under no circumstances will a refund be given for the Booking fee.

2.4.10 Under no circumstances may any pornographic, underwear, swimwear or 'glamour' filming or photography take place in the Apartment. A fixed penalty fee of £1,000 will be immediately payable and all film or photographs will have to be destroyed by the Guest and withdrawn from any publications or websites immediately.

2.4.11 The Guest shall have respect for other residents in the vicinity of the Apartment and shall not cause or allow to occur any unreasonable noise or other nuisance. In the event that the Guest does cause, or allow to cause, unreasonable noise or other nuisance in the Apartment the Company shall be entitled to charge the Principal Guest the sum of £250.00 (two hundred fifty pounds) by way of Liability to cover the additional costs of dealing with the disturbance.

2.4.12 The Guest shall vacate the Apartment at the end of the Stay and other than the rights set out in these Terms and Conditions shall not acquire any other rights in or in relation to the Apartment. For the avoidance of doubt neither the Booking nor the Stay shall amount to any form of lease tenancy or other property right in respect of the Apartment.

2.4.13 In the event that the Guest breaches any of the terms set out in paragraph

2.4 the Company may at its absolute discretion require the Guest either to remedy such breach or to vacate the Apartment forthwith. Such right shall be without prejudice to any other rights or obligations set out in these Terms and Conditions.

2.4.14 The Company shall not be liable to the Guest for any loss or damage, direct or indirect, to its property, or person, however caused arising from the Stay (other than any personal injury caused to the Guest arising directly from the negligence of the Company). The apartment hire cost does not include any personal insurance cover of any kind. It is recommended that insurance be taken out against cancellation. It is further strongly advised that personal accident and medical insurance is also taken out.

2.4.15 The Company will take a copy of a recognised form of Identity such as a driver's licence or passport and retain this on its secure Bookings database for a maximum period of 13 months to guard against identity theft and credit card fraud. For more information please see our Data Protection Policy.

2.4.16 At any times during the Stay the Company may either itself, or permit others, to enter the Apartment in order to carry out necessary repairs or in order to reasonably assess or prevent any breaches of these Terms and Conditions by the Guest. The Company will at all times try to give prior warning.

2.4.17 The Company does not guarantee the security of any Guest's vehicle and/or its contents. The Guest is therefore parking in either car park at their own risk.

2.4.18 We take your privacy and confidentiality seriously. We collect: (a) information necessary for us to process your booking; and (b) information derived from "cookies". We use cookies to monitor site usage and related information. We will try to keep your data up-to date and accurate but we provide no warranty or guarantee and bear no liability to you in the event that any data transmission over the internet is not completely accurate or secure. We use your information to help us improve our website and our service, to personalise the types of information you receive from us, as well as for internal statistical, marketing and administrative reasons. We do not share this information with outside parties except to the extent necessary to process your booking, By using this website, and supplying us with your information, you consent to use by us of your information as described above.

2.5 Governing Law. These Terms and Conditions shall be governed by English Law and the parties agree to the exclusive jurisdiction of the Courts of England and Wales.