Terms & Conditions

TERMS AND CONDITIONS OF RENTAL

These booking terms and conditions of business are a contract between us, In Hot Property (Hotels) LLP trading as Harrogate Stays, the managing agent, and you, the person making the booking, including all adult members of your party who will be staying in any of our property.

 Scope

1.1            Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between In Hot Property (Hotels) LLP trading as ‘Harrogate Stays’ and either the client or the guest. Neither the client nor the guest will be entitled to any tenancy, or any short assured or assured tenancy, or to any statutory protection under the Housing Act 1988, or to any other statutory security of tenure now or upon the determination of this agreement.

1.2            Rates are subject to change without notice until booking confirmation is received. 

1.3            VAT is charged as appropriate. 


 Agreement for Occupation

2.1            The managing agent permit the client to occupy the property, such occupation being by the guest personally only and to use the owners’ furniture and effects for the accommodation period. All visitors to the rental are the responsibility of the guest.

2.2            You must be 18 years or over when you book your accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.

2.3            We reserve the right to refuse to accept any booking for whatever reason. 


2.4            You may arrive at your accommodation after 3pm (except if it is stated different) on the start day of your booking and, unless otherwise agreed, you must leave by 1030am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you.

2.5            If you wish to increase your length of stay then we will do everything possible subject to availability of accommodation to find something suitable for you. It must be borne in mind that this may not always be possible.

2.6            If the number of people permitted to occupy an apartment is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional apartments or require the excess occupants to vacate the property.

Paying for your Accommodation

3.1            Cleared funds must be received 28 days before arrival date in full for apartment bookings and 7 days in full before arrival date for room bookings . All prices advised to you are inclusive of booking fees and charges except if it is stated otherwise.

3.2            Should payment not reach us within the required time, we will attempt further payments but we reserve the right to cancel any bookings made and any deposit paid will be forfeit.

3.3            If the client fails to pay the managing agent any sums that are payable under this agreement when due, the client will pay the managing agent, on demand, interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment is due until the managing agent receives payment in full cleared funds both before and after any judgement.

3.4            A deposit covering breakages and damages is required for apartment bookings. This can be charged up to seven (7) working days after the guests stayed in the property. The deposit is NOT applied towards payment for the accommodation and only charged in the event of any the following:

  • Damage to the property or its contents. 

  • Linen that is lost or damaged. 

  • Unapproved early arrival or late departure. 

  • Smoking within the apartment. 

  • Pets not previously agreed. 

  • Guests evicted by the owner (or representative of the owner) or the local law enforcement. 


3.5            We expect the accommodation to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge. All debris, rubbish and discards should be placed in rubbish bins, and soiled dishes are placed in the dishwasher and cleaned.

3.6            From the 1st July 2007 the UK legislation provides that smoking is not permitted in serviced apartments and hotel rooms. Smokers must vacate the building should they wish to smoke and ensure cigarette butts are disposed of responsibly.

3.7            Where there is evidence of guests smoking within the apartment, we reserve the right to charge £200 for specialist cleaning.

3.8            Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.

3.9            Daily housekeeping services vary depending on the property and length of stay. Full details are provided in the specific online guidebooks.  Linens and bath towels are included with the accommodation.

3.10          Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.

 Cancellation or Changes to your booking by us

4.1            In the unlikely event we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible we will offer alternatives but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 14 days of any cancellation.

4.2            We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disaster, fire, adverse weather conditions and all similar events outside our control.

4.3            If you wish to alter your booking, we will use our best efforts to accommodate your requirements, however, you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, we may charge, at our discretion, an amendment fee to cover the necessary administrative costs incurred.

4.4            If cancelled during your stay, we will refund at a pro rata rate whilst COVID-19 restrictions are in place.

4.5            If cancelled or modified later or in case of no-show, the total price of the reservation will be charged. 


4.6            No refunds will be made for non-arrivals. 


 Death, Personal Injury or Loss of Property

5.1            We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.

5.2            Any guest using their own electrical appliances (hairdryers, curlers, tongs, shavers, personal computers, personal stereos etc) must use the appropriate adaptor. Non-UK plugs used without the appropriate adaptor/transformer are a serious fire risk. Please ensure that all heated appliances are switched off and stored safely before leaving the apartment. Guests found to be in breach of this rule may be asked to leave with immediate effect.

5.3            You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.

5.4            Cars and their contents are parked at owners’ risk. Please ensure that cars are locked and possessions are left out of sight.

5.5            Property left in the accommodation will be kept for 1 week after departure or forwarded at the guest’s expense.

 Smartlocks

6.1            In Hot Property (Hotels) LLP trading as ‘Harrogate Stays’ operate smart locks at their serviced apartments and guest rooms. No keys are required during your stay. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage have been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.

Services

7.1            We cannot be held responsible for any failure or interruption to services to the room or apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.

 Wireless Broadband Internet and Hardwire

8.1            Wireless Broadband Internet is usually available at our rooms and apartments, however, the owners and managing agent will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless broadband internet is not a contractual provision. The managing agent do not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses.

 Maintenance Call-Outs

9.1            Should a guest or client report that a service or an appliance is faulty and subsequent inspection confirms that the appliance was not faulty, but was not being operated properly by the guest, and where usage instructions have been provided, we reserve the right to charge the guest for the maintenance call out.

Client’s Obligations

10.1          Pets are only permitted on a case by case basis and for lengths of stay greater than one month. 

10.1.2
       Childproofing safety equipment.  When guests with small children occupy the property, the guest undertakes to provide all suitable safety and guidance to the child(ren).

10.1.3      Not to do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.

10.1.4      Not to do anything that may cause a nuisance or annoyance to the owners or to any other occupier or guest of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 11pm and before 7am can be reported to the local Council.

10.1.5      Ensure that at the end of this agreement the property is cleared of the guest’s effects and left in good repair and clean condition and make good, pay for the repair or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.

10.1.6      Use the Property for residential purposes only and not for any business use. 


10.1.7      Not make any alterations to the property. 


 10.1.8     Indemnify and keep the owners fully and effectively indemnified against all losses, claims, demands, actions, proceedings, damages, costs of expenses or other liability or right arising in any way from this agreement.

10.1.9      Not assign, underlet, sub-licence, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.

10.1.10    Not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation the owners’ furniture and effects.

10.1.11    Not hang on the outside of the property any flower pot or similar object or any clothes or other articles.

10.1.12    Not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow.

10.1.13    Not leave the entrance door or windows to the property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the accommodation or during bad weather.

10.1.14    To take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on at all times to prevent damage to the apartment.

10.1.15    Not change any lock to the property or have any duplicate keys made.

10.1.16    To report any plumbing, electrical or general problem to the owners as soon as is practicably possible and to resist from attempting to remedy such problem on their own.

10.1.17    To maintain properly insured to their full replacement value all of the client’s and/or guest’s personal property which is kept either at the property or on the guest’s person.

10.1.18    To use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.

10.1.19    Not to leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.

10.1.20    Not to play ball games inside or within the grounds of the property.

10.1.21    To ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.

10.1.22    To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. The managing agent accepts no liability for mis-use of products supplied.

10.1.23    Not to install any portable cooking appliances, camping stoves or similar items in the apartment.

 Termination of this Agreement

11.1.1      This agreement may be ended by the managing agent without notice: –

If the accommodation fee is not paid on the payment day or if the client is in breach of any of the conditions.

11.1.2      If the client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.

11.2          The managing agent may also terminate this agreement at any time on giving the client written notice.

11.3          The client will at the end of the accommodation period give the managing agent vacant possession of the property.

 

If you cancel your Booking

12.1 Any cancellation must be notified to us in writing. The day we receive your written notification of cancellation is the date on which your booking is cancelled. If cancelled or modified up to 28 days before date of arrival, no fee will be charged for apartment bookings. For guesthouse and aparthotel cancellations or modifications up to 7 days before date of arrival, the first night will be charged in full. If cancelled or modified within 3 days of the arrival date, the full cost of stay will be charged. 

12.2  If cancelled or modified later, due to COVID-19 restrictions, the client will be refunded at a pro-rata rate. 


12.3  The managing agent may, at its own discretion, waive its rights to cancellation fees. 


 Health and Safety

13.1          We want your stay to be as comfortable as possible. Failure to comply with this statement may be considered as a breach of contract and the guest being asked to leave.

13.2          Guests should keep the apartment free of hazardous objects at all times and not leave it in a condition that would make it unsafe for our housekeepers, staff, guests or themselves to use.

13.3          By making a booking and staying in one of our properties you agree to abide by these terms and conditions.

 Data Protection Policy

The managing agent is required to gather certain personal data about clients for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.

The managing agent fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.

The principles require that the personal data shall:

  1. Be processed fairly and lawfully purpose and shall not be processed in any manner incompatible with that purpose; 

  2. Be obtained for a specified and lawful purpose and shall be processed in any manner incompatible with that purpose; 

  3. Be adequate, relevant and not excessive for those purposes; 

  4. Be accurate and, where necessary, kept up to date; 

    • Not to be kept for longer than is necessary for that purpose;

    • Be processed in accordance with the data subject’s rights;

    • Be kept secure from unauthorised or unlawful processing and protected against accidental loss, destruction, or damage by using the appropriate technical and organisational measures;
And not be transferred to a country or territory outside the European Economic Area, unless the country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

Complaints

15.1
   All complaints should be notified as soon as possible to the managing agent and we will do our best to resolve them in a timely manner.

15.2          If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our address and we will use all reasonable efforts to resolve the matter as quickly as possible.

15.3          You can also complain to the booking agent you used for your apartment reservation.

 

Law

These conditions and terms of contract and all matters arising therefrom are subject to the law of England & Wales and in the event of a dispute; you will be subject to the exclusive jurisdiction of the courts of England & Wales.

 

Your Rights

Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.

 

Interpretation

In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:

“Managing agent” “Us” or “We” refers to In Hot Property (Hotels) LLP trading as ‘Harrogate Stays’ offering guesthouse rooms, studios and serviced apartments on behalf of the property owners.

“Client” is the person who arranges the accommodation – they could also be the guest.

“Guest” is the person who resides at the property including all adult members of your party – they could also be the client.

“Agreement” means this agreement;

“Apartment or property” – is an accommodation managed by In Hot Property (Hotels) LLP trading as ‘Harrogate Stays’ on behalf of the owner(s)
“Booking” means an offer from you to us to hire one of our apartments on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.

“Fee” is the rental for the apartment and inclusive services which is payable in advance.

“Furniture and Appliances” means such furniture and appliances usually found within the apartment and any other items, which we agree to provide;

“Inclusive Services” means housekeeping service once per week, linen and towel change once per week, use of electricity, gas, water, sewerage, council tax, TV licence.

The term “Serviced Apartment” means the following: – A fully furnished and equipped apartment or house, accessed by corridors, stairwells and any common part of the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax, TV licence, scheduled cleaning and linen service.

 

Managing Agent: In Hot Property (Hotels) LLP trading as ‘Harrogate Stays’

Address: 2, Knox Mill Close, Killinghall, Harrogate, North Yorkshire, HG3 2AG United Kingdom Telephone: 0113 328 0584 or 07812 582047

PRIVACY POLICY

This privacy policy applies between you, the User of this Website and Harrogate Stays, the owner and provider of this Website. Harrogate Stays takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:
Datacollectively all information that you submit toHarrogate Stays via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;
Cookiesa small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Harrogate Stays, or usHarrogate Stays, a company incorporated in England and Wales,
UK and EU Cookie Lawthe Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or youany third party that accesses the Website and is not either (i) employed by Harrogate Stays and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Harrogate Stays and accessing the Website in connection with the provision of such services; and
Websitethe website that you are currently using, www.buffalowebdesign.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  1. In this privacy policy, unless the context requires a different interpretation:
    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. “including” is understood to mean “including without limitation”;
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

  1. This privacy policy applies only to the actions of Harrogate Stays and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

  1. We may collect the following Data, which includes personal Data, from you:
    1. Name
    2. Contact Information such as email addresses and telephone numbers;
    3. in each case, in accordance with this privacy policy.

Our use of Data

  1. For purposes of the Data Protection Act 1998, Harrogate Stays is the “data controller”.
  2. We will retain any Data you submit for 12 months.
  3. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
  4. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).
  5. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
    1. internal record keeping;

in each case, in accordance with this privacy policy.

Third party websites and services

  1. Harrogate Stays may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website.

Links to other websites

  1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

  1. Harrogate Stays may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Harrogate Stays. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
  2. We may also disclose Data to a prospective purchaser of our business or any part of it.
  3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data

  1. Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
  2. use of Data for direct marketing purposes; and
  3. sharing Data with third parties.

Functionality of the Website

  1. To use all features and functions available on the Website, you may be required to submit certain Data.
  2. You may restrict your internet browser’s use of Cookies. For more information see the clause below (Cookies).

Accessing your own Data

  1. You have the right to ask for a copy of any of your personal Data held by Harrogate Stays (where such Data is held) on payment of a small fee, which will not exceed £1.

Security

  1. Data security is of great importance to Harrogate Stays and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.
  2. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.
  3. We endeavour to do our best to protect your Personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Cookies

  1. This Website may place and access certain Cookies on your computer. Harrogate Stays uses Cookies to improve your experience of using the Website and to improve our range of services. Harrogate Stays has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
  2. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
  3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Harrogate Stays to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
  4. This Website may place the following Cookies:
  5. Type of Cookie Purpose Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
  6. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser.
  7. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  8. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

General

  1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
  2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
  3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

  1. Harrogate Stays reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Harrogate Stays by email at admin@harrogatestays.co.uk.01 May 2020