Who we are. We are Situ Living Ltd, a company registered in England and Wales. Our company registration number is 06624137 and our registered office is at Unit 3 Ulysses House, Ulysses Park, Heron Road, Exeter, England, EX2 7PH. Our VAT number is 211228852. We operate the website staysitu.com.
How to contact us. You can contact us by telephone on +44 (0)1392 690 079, by writing to us at the postal address in paragraph 1.1 or by email to [email protected].
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
THESE TERMS
What these terms cover. These are the terms and conditions which, alongside the Corporate Serviced Accommodation Agreement (where applicable), govern our provision of travel management services to: (a) businesses or persons acting for a trade, business, craft or profession , who are seeking to book Serviced Accommodation in connection with that trade, business, craft or profession (“Business Users”); and (b) individuals seeding to book Serviced Accommodation for personal use (“Consumer Users”).
INTERPRETATION
The following definitions and rules of interpretation apply in these Agency Terms:
Agency Terms:
these Corporate Serviced Accommodation - Agency Terms & Conditions.
Agreement:
the Corporate Serviced Accommodation Agreement (where applicable), these Agency Terms and any accompanying Schedules.
Booking:
a confirmed booking for the Serviced Accommodation made by us on your behalf and under your instruction.
Booking Confirmation:
the confirmation provided by us to you (on behalf of the Third Party Supplier) confirming a Booking has been made and signifying the creation of a Booking Contract.
Booking Contract:
the contract between you and the relevant Third Party Supplier for the provision of Serviced Accommodation in accordance with the Booking.
Booking Services:
Situ’s travel management services in sourcing, booking and arranging the Serviced Accommodation on your behalf.
Charges:
the sums you are liable to pay for the Serviced Accommodation, pursuant to the Booking.
Client, you, your:
a person, Business User, Consumer User or Intermediary seeking to make a booking for Serviced Accommodation under these Agency Terms, and all persons named on the Booking (and where applicable, all guests using the Serviced Accommodation)
Corporate Serviced Accommodation Agreement:
where applicable, the general Corporate Serviced Accommodation Agreement entered into by both parties for the booking of corporate travel services by Situ on behalf of the Client or Intermediary;
End-Date:
The check-out date, or last day of the Serviced Accommodation and any stipulated room check-out times.
Extras:
Additional services provided to you during your stay by the Third Party Supplier or their associates including but not limited to: Mini-bar, meeting room hire, gym usage, Wi-Fi usage, room service, equipment hire, meals etc.
Intermediary:
a business or organisation acting on behalf of clients to assist those clients in booking travel arrangements in connection with their trade, business, craft or profession.
Service Fee(s):
the fees payable by the Client to Situ for the provision of the Booking Services, as set out in the Corporate Serviced Accommodation Agreement, as notified to the Client by Situ before a Booking is made or as otherwise agreed in writing between the parties from time to time.
Serviced Accommodation
shall mean the furnished and managed accommodation (and any other travel arrangements as are sourced by Situ on behalf of the Client from time to time) provided by or on behalf of the Third Party Supplier.
Situ, we, us, our:
Situ Living Ltd, as specified at clause 1.1.
Start Date:
the check-in or start date whichever is earlier as confirmed in the Booking for the Serviced Accommodation.
Third Party Supplier:
shall mean the third-party supplier of Serviced Accommodation or other ancillary services (including but not limited to grocery shopping and airport transfers) with whom the Client enters into a direct contract in relation to each Booking.
OUR BOOKING SERVICES
Our agency status. Situ acts as the Client’s agent when placing Bookings as part of the Booking Services, in order to help the Client arrange and pay for Serviced Accommodation. Accordingly, the Client appoints Situ to act as its agent and authorises Situ, acting as its agent, to: (a) confirm Bookings in the name of the Client; (b) in respect of each Booking, conclude a contract in the name of and on behalf of the Client with the relevant Third Party Supplier, including, for the avoidance of doubt, a Booking Contract; and (c) remit payment to the Third Party Supplier on behalf of the Client, in respect of each Booking and in accordance with the Agreement.
Our role. We do not supply the Serviced Accommodation ourselves but act as an agent on your behalf and in accordance with your instructions. When we make a Booking on your instruction, we will enter you into a separate contract with the Third Party Supplier who will be named on the Booking Confirmation. Your Booking will be subject to the Third Party Supplier's terms and conditions, in addition to the Agreement.
Our contract. The Agreement governs the contractual relationship between you and us under which we provide you with the Booking Services. They apply to the exclusion of any other terms and conditions that you seek to impose or incorporate or which are implied by trade custom, practice or course of dealing.
The Booking Contract. In respect of each Booking the Booking Contract for the provision of the Serviced Accommodation will be between you and the Third Party Supplier, on the Third Party Supplier’s terms and conditions. We are not a party to the Booking Contract, nor shall we have any responsibility to you for the provision and/or condition of the Serviced Accommodation.
General agreement. The parties agree that the Agreement shall be considered a “general agreement” for the purposes of business travel exemption within the Package Travel and Linked Serviced Accommodation Regulations 2018 (“PTR”) and the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”). Accordingly, the Serviced Accommodation sourced and booked by Situ as part of its provision of the Booking Services are exempt from the scope of the PTR and the ATOL Regulations and the Client and/or Client personnel is not afforded any of the rights provided by the PTR or ATOL Regulations.
MAKING A BOOKING
Placing your Booking. You should contact us via our website, or by telephone or email to request us to provide the Booking Services. When making such a request, you should provide us with as much information as we reasonably request to enable us to provide the Booking Services and to make a Booking of Serviced Accommodation on your behalf. Should the Serviced Accommodation requested by you be available, we shall place a booking request for the Serviced Accommodation with the relevant Third Party Supplier on your behalf. Please note that all Serviced Accommodation is subject to availability.
Booking Confirmation. Should the booking request be accepted by the Third Party Supplier, the Third Party Supplier will issue a Booking Confirmation. When the Third Party Supplier issues the Booking Confirmation, the Booking is confirmed and a Booking Contract between you and the Third Party Supplier shall exist. The Booking Confirmation represents a binding legal obligation on your behalf to pay the Charges.
It is your responsibility to check the Booking Confirmation. You should check the dates, times, the location of the Serviced Accommodation, the applicable cancellation policy as well as any specific requirements you may have. If anything is incorrect, please inform us without delay. You are responsible for ensuring that your Booking and Booking Confirmation is complete and accurate.
CANCELLATIONS & AMENDMENTS TO BOOKINGS
Booking amendment and cancellation requests by You
If you wish to cancel or amend a Booking or any part thereof, you must advise us in writing and, in doing so, must give Situ sufficient notice to enable Situ to action the cancellation or amendment request with the relevant Third Party Supplier, taking into account the applicable time zone of both Situ and the Third Party Supplier.
Cancellations and amendments can only be accepted in accordance with the Third Party Supplier’s terms and conditions and will be subject to the Third Party Supplier’s applicable policy on cancellations and amendments. You will be liable to pay any cancellation or amendment charges or price increase imposed by the Third Party Supplier.
We reserve the right to charge you an administration fee for dealing with your amendment or cancellation requests.
If you are unable to check-in on the Start Date, you must notify us as soon as possible as the Third Party Supplier will often be entitled to treat this as a “no-show” and cancel your Booking without further reference to you.
Amendment or Cancellation by the Third Party Supplier
We will promptly inform you of any changes or cancellations made to a Booking by the Third Party Supplier after we receive notification of the same from the Third Party Supplier.
If, as part of any such amended or cancelled Booking, the Third Party Supplier offers alternative arrangements or a refund we will notify you and you must then inform us whether you wish to accept the alternative arrangements or a refund within the time frame stipulated.
Where no alternative arrangements are offered by the Third Party Supplier or you, acting reasonably, reject the alternative arrangements, we shall assist you (in our capacity of acting as an agent only) in sourcing alternative arrangements, at your request.
Situ accepts no liability for any changes or cancellations made by the Third Party Supplier to any Booking.
CHARGES & PAYMENT
You are responsible for all Charges. You are responsible for paying, in full, all Charges payable in respect of each Booking. If full payment of such sums is not received by the applicable due date, we reserve the right to notify the Third Party Supplier who may refuse to confirm your Booking or, if a Booking has been confirmed, may cancel your Booking and charge the cancellation fees set out in the Third Party Supplier’s terms and conditions.
Invoices must be paid upon receipt. Unless we advise you otherwise in writing, you are obliged to pay each invoice submitted to you by Situ on receipt, to a bank account nominated in writing by Situ from time to time.
You must pay for all Extras. You and/or your guests are responsible for paying for any Extras or other charges which are incurred or charged by the Third Party Supplier in connection with a Booking. Normally these Extras or other charges will need to be paid for prior to the End Date. If for any reason the Third Party Supplier charges us for any Extras, you agree to reimburse us for these charges and to discharge any invoice we may issue to you relating to them.
No set-offs or deductions. You will pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
The Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Booking, you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
Situ will receive commission from Third Party Suppliers. We will receive commission payments from Third Party Suppliers in consideration for placing Bookings with the Third Party Supplier. In no circumstances shall the availability (or lack) of such commission influence our decision to use a particular Third Party Supplier.
INDEMNITY (Business Users only)
If you are a Business User:
Interpretation. In this clause, a reference to Situ shall include Situ’s subsidiaries and group companies, and the provisions of this clause shall be for the benefit of Situ and each such subsidiary and group company, and shall be enforceable by each such subsidiary and group company, in addition to Situ.
Your indemnity to Situ. You shall indemnify Situ against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Situ arising out of or in connection with:
your breach or negligent performance or non-performance of these Agency Terms or the Corporate Serviced Accommodation Agreement;
your breach or negligent performance or non-performance of the Booking Contract with the Third Party Supplier, including any breach by you of the Third Party Supplier’s terms and conditions;
costs incurred by you or your guests directly with the Third Party Supplier, including any additional services purchased directly from the Third Party Supplier, and any charges imposed by the Third Party Supplier due to damage caused by your or your guests’ negligence or behaviour.
Limits applying to this indemnity. This indemnity shall not cover Situ to the extent that a claim under it results from Situ’s negligence or wilful misconduct.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we use personal information. We will use any personal information you provide to us to:
provide the Booking Services;
process your payment for Bookings and the Booking Services;
inform you about similar services that we provide; and
for such other purposes as are set out in our Privacy Policy.
Please see our Privacy Policy. Further details of how we will process personal information are set out in our Privacy Policy.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not a party to any Booking Contract. All Booking Contracts are between you and the relevant Third Party Supplier, and the Third Party Supplier’s terms and conditions apply. As an agent, we accept no responsibility for the Booking Contract or the actual provision of the Serviced Accommodation.
Whether you are a Consumer User or Business User:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a Business User:
We exclude all implied conditions, warranties, representations or other terms that may apply to the provision of our Booking Services.
Subject to clause 10.2, our total liability to you in respect of any individual Booking shall not exceed £10,000.
Subject to clause 10.2, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of agreements or contracts;
business interruption;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
GENERAL
Events beyond each party’s control.
If either we or you are prevented, hindered or delayed in or from performing any of its obligations under the Agreement by any circumstance not within its reasonable control (an “Affected Party”), the Affected Party shall not be in breach of the Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
The Affected Party shall: (i) as soon as reasonably practicable after they have commenced, notify the other party in writing of the circumstances not within its reasonable control that are occurring, the date on which they started, their likely or potential duration and the effect of those circumstance on its ability to perform any of its obligations under the Agreement; and (ii) use all reasonable efforts to mitigate the effect of those circumstances on the performance of its obligations.
Assignment and transfer.
We may assign or transfer our rights and obligations under the Agency Terms to another entity but will always notify you in writing if this happens.
You may only assign or transfer your rights or your obligations under the Agency Terms to another person if we agree in writing.
Variation. Any variation of the Agency Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Waiver. If we do not insist that you perform any of your obligations under the Agency Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each paragraph of the Agency Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Agency Terms and (where applicable) the Agreement is between you and us. No other person has any rights to enforce any of its terms.
Entire agreement. The Agency Terms and (where applicable) Agreement is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Agency Terms or the Agreement.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a Consumer User. Please note that these Agency Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a Business User. These Agency Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
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