Luxury Apartments, Town Houses and Villas

Terms

1. Introduction

1.1.   These terms and conditions apply to all serviced apartments booked or reserved with Cheval Residences, whether through the Cheval Residences Website, or by telephone or email.

1.2.   By clicking the ‘I agree to these terms and conditions’ box above, you agree that you accept these terms and conditions. You will not be able to proceed with your reservation without clicking the box to confirm acceptance.

Please read these terms and conditions carefully before ticking the ‘I agree to these terms and conditions’ box. In particular, your attention is drawn to the Exclusions and Limitations of Liability clause below.

1.3.   References to ‘we’, ‘us’ and ‘our’ refers to Cheval Residences Limited of 114A Cromwell Road, London SW7 4ES.

1.4.   References to ‘you’ means the person who has made a reservation for accommodation with us, or the persons and/or legal entity on behalf of whom the reservation is made.

1.5.   Where there is any inconsistency between these and any other terms and conditions previously applicable to the reservation of serviced apartments on the Website, these terms and conditions for the reservation of temporary accommodation shall take priority.

2. Contract terms

2.1.   By placing a reservation using this Website you confirm either that:

2.1.1.    you are placing the reservation in your personal capacity and that you accept that these terms and conditions will apply to you and anyone else who will be resident at our accommodation under your reservation; or

2.1.2.    you are placing a reservation in the name of a partnership, company or other legal entity, that you have the right and authority to place the reservation and to accept these terms and conditions on behalf of such partnership, company or other legal entity.

2.2.   It shall be your responsibility to ensure that all details you provide us with when placing a reservation are complete and accurate.

3. Reservations

3.1.   All reservations must be made by telephone on +44 (0)20 7341 7052 or online at www.chevalresidences.com (the “Website”) or by email sent to reservations@www.chevalresidences.com.

3.2.   Each reservation will be an offer by you to place a reservation subject to these terms and conditions. We will not be bound to agree to the requested reservation until we have accepted the reservation by sending a reservation confirmation email to you. Subject to clause 5, we will be bound by your reservation when you receive a reservation confirmation email.

3.3.   Reservations are subject to the availability of the requested accommodation. If the requested accommodation is unavailable, we will send you an email stating that your reservation has not been made and we will endeavour to offer you alternative accommodation.

3.4.   We will be entitled to reject any reservation and, if we do so, you will be notified.

3.5.   No Children under the age of 18 will be allowed to check-in unaccompanied; Cheval Residences reserves the right to refuse entry on this basis.

4. Payment

4.1.   You must pay in full when placing a reservation. Payments can be made using a debit card or credit card. We accept the following cards: Visa, Mastercard, American Express. Your payment card will not be charged if we are unable to fulfill your reservation.

4.2.   Any credit or debit card used to place a reservation must belong to you or be used by you with the consent of the owner and there must be sufficient funds or credit available to cover the cost of the reservation. We reserve the right to obtain validation of any credit or debit card details or verification of the authenticity and ownership before accepting any reservation.

5. Deposit

5.1.   All bookings of under 90 nights will be subject to the following deposit terms:

5.1.1.    All bookings of up to 7 nights will be subject to a pre-authorisation deposit of £50 per night, up to a maximum of £350. This will be held on a pre-authorisation basis only.  Post stay, should the guest incur any incidental and / or dilapidation charges, these will be charged to the guests credit card.

5.1.2.    All bookings of between 8 nights and 89 nights will be subejct to a deposit of £350 which will be charged to the card prior to or on arrival.  The deposit will be refunded post stay, minus any dilapidation charges due.  Should the charges exceed the £350, Cheval reserves the right to make an additional charge to the guests credit card.

5.2.   Guests will receive written notification of all dilapidation charges to the email address held on account within 7 working days.

6. Cancellation

6.1.   You will be entitled to cancel your reservation prior to the commencement date by written notice sent to Cheval Residences Limited, 114a Cromwell Road, London SW7 4ES or by emailing: reservations@www.chevalresidences.com with your reservation reference number, subject to the following cancellation charges:

6.1.1.    For reservations of up to 7 days

6.1.1.1.    Notice made 48 hours or more prior to arrival – monies refunded in full.

6.1.1.2.    Notice made less than 48 hours prior to arrival – no refund for the full duration of the reservation term.

6.1.2.    For reservations of between 7 and 90 days

6.1.2.1.    Notice made 21 days or more prior to arrival – monies fully refunded.

6.1.2.2.    Notice made less than 21 days prior to arrival – 100% of total amount due up to 3 weeks rent.

6.2.   If you wish to check out prior to your booked departure date you must notify us. We shall be entitled, at our sole discretion, to treat the early departure as a cancellation.

6.3.   In the event that we are unable to provide you with the accommodation detailed in your reservation confirmation, we will endeavour to offer you alternative accommodation of similar standards at no additional charge.

6.4.   Due to circumstances outside of our control or errors in information, there may be occasions where reservations need to be changed or cancelled. We reserve the right to change or cancel a reservation and will promptly notify you of any change or cancellation. We will endeavour to offer you alternative accommodation of a similar standard at no additional charge or will provide you with a full refund.

6.5    Promotional and Package Rates are subject to the Cancellation Terms as outlined during the booking process.

7. Amendments

7.1.   You may request amendments to your reservation by sending a written request to reservations@www.chevalresidences.com. We have no obligation to agree to any requested amendment. An amendment will be accepted when you receive confirmation of the amendment by email. Amendments to your reservation may be subject to further charges and additional payments which will be notified to you prior to final confirmation of an amendment to your reservation.

8. Exclusions and limitations of liability

8.1.   Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

8.2.   Subject to clause 7.1, we shall not be liable, whether in contract, tort, negligence, breach of statutory duty or otherwise for loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or other economic loss or any indirect or consequential loss or damage, costs or expenses whatever or however arising out of or in connection with:

8.2.1.    the provision of accommodation; or

8.2.2.    any non-availability or use of this Website or any reliance on its contents.

8.3.   Subject to clauses 7.1 and 7.2, our total liability, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any loss or damage, costs or expenses arising directly in connection with:

8.3.1.    the provision of accommodation; or

8.3.2.    any non-availability or use of this Website or any reliance on its contents shall not exceed an amount equal to the fees paid to us in respect of your reservation.

8.4.   If the limitation on our liability set out in clause 7.3 is adjudged to be unreasonable in the circumstances, the limit of our liability shall be increased to the amount that we can recover from our insurer for the loss in question.

9. Statutory Rights

9.1.   Nothing in these terms and conditions shall affect your statutory rights if you are reserving accommodation as a consumer (for example, if you are not reserving accommodation on behalf of a business or its employees).

10. Privacy and Data Protection Policy

10.1.   Introduction:

Cheval Residences Limited is committed to keeping the information you provide to us in a secure manner. The Privacy and Data Protection Policy (“Privacy Policy”) is intended to inform you on how we gather, store and utilise your information. This Privacy Policy has been developed in accordance with the requirements established by the EU General Data Protection Regulation 2016/679 (“GDPR”), and is effective as of 4th May 2018.

This policy may change from time to time, and we will advise you of any material changes by email where we hold your email address.

10.2.   Ways in which we collect your data:

There are a number of ways that Cheval Residences collects data:

10.2.1    When you use our website or app, on any device, to make a booking, enquiry or request

10.2.2    When you contact our central reservations office by phone, email or WhatsApp to make a booking, enquiry or request

10.2.3    When you subscribe to our mailing list via our website

10.2.4    When you engage with us on our social media channels

10.2.5    When you sign up to participate in a competition we operate

10.2.6    When you complete the standard registration form during the check-in process

10.2.7    When you log on to access the free WiFi at any of our residences

10.2.8    When you choose to engage with surveys about your experience at our Residences either during or after your stay

10.2.9    When you visit any of our Residences and your image is recorded by our CCTV system

10.3   How we use your data for your booking

The data you share with us will be used to facilitate your booking and to ensure you have the best possible experience during your stay with us.

When you make a reservation with Cheval Residences, we record your contact details, as well as any information you choose to share with us, such as personal preferences and requests about how you would like us to prepare for your arrival. This includes details relating to health matters, such as requirements for wheelchair access, or particular food allergies. We also record names and ages of children, where provided by you, for the purpose of preparing welcome packs that are age appropriate.

This information also enables us to contact you after you check-out (in case you’ve forgotten something for example), to request any payments due to us that have not been previously settled, and to recognise you as a repeat guest if you stay with us in future.

This information is stored on our central reservations system for a period of six years, or longer if you stay with us again within that timeframe.

10.4.  Your privacy on our website

Please refer to our website terms and conditions for the full privacy policy as it relates to use of our website.

10.5   How we use your data for marketing

If you choose to opt in to our marketing database, we will contact you via email or via push notifications (within our App) with news, updates and special offers we believe will be of interest to you. We will only add you to our marketing database with your express consent.

You can automatically unsubscribe from our mailing list at any time by clicking on the ‘unsubscribe’ link found at the bottom of every email we send. You can also turn off App notifications in the settings area of your mobile device, or simply delete the App.

10.6   Staying at a Cheval Residence

10.6.1   Checking-in: When you check-in to a Cheval Residences, we will request a copy of the credit card which was used to make the reservation, and will also request a matching valid ID. Acceptable forms of identification are: a passport or national ID card. For UK and Irish citizens, a driving licence or police warrant card is acceptable. We are required by UK law to store the following information for a period of at least one year for each guest over the age of 16 staying with us: full name, nationality, passport number and date of issue.

10.6.2   A credit card pre-authorisation will also be taken upon check-in for any incidentals charges incurred during your stay. The information above may be requested for each member of your party over the age of 16, and we reserve the right to refuse entry to persons who cannot provide the information as set out above.

10.6.3   CCTV on site: We operate a closed circuit television camera (CCTV) system in the communal spaces within our Residences, and in our car parks. We do this for reasons of security and for our legitimate interests as a business operating 24 hours a day, 365 days a year.

10.7    Our commitment to your privacy

10.7.1   Keeping your data secure

The information you have provided to us will solely be used for the purposes outlined above, will be stored securely, and will never be shared with third parties unless this is required in order to perform a service you have requested (for example, access to our free WiFi in each Residence). At no time will your information be shared with any third party for their own marketing purposes.

10.7.2   Your rights

You may at any time request details of your personal information we have on file by sending an email to Data.Controller@chevalgroup.com. You can also contact us by calling +44(0)20 7341 7052.

You also have the right to request that your data be deleted from our systems using the same contact details listed above.

Before acting on such a request we will take reasonable steps to verify your identity to prevent anyone from requesting action that you have not authorised.

11. Notices

11.1.   If we need to contact you or to serve written notice on you in connection with this agreement we may do so by sending an email to you at the email address provided on booking, or, during your stay, we may leave a written notice for you at the accommodation.

11.2.   If you need to contact us or to serve written notice on us in connection with this agreement you may do so by sending an email to reservations@www.chevalresidences.com or by letter to Cheval Residences, 114A Cromwell Road, London SW7 4ES.

12. General

12.1.   The failure or delay by you or us to exercise or enforce any right or remedy under these terms and conditions shall not operate as a waiver of that right or remedy.

12.2.   We will not be deemed to be in breach of these terms and conditions or held liable to you for any delay in performance or failure to perform any of our obligations to you to the extent that such delay or non-performance is due to any cause beyond our reasonable control.

12.3.   We may assign or sub-contract any or all of our rights and obligations under these terms and conditions without the prior written consent from you at any time.

12.4.   No person who is not a party to the contract between us and you shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term or condition of it.

12.5.   These terms and conditions together with the Terms of Occupation (below), the general Website Terms and Conditions, any payment method instructions or any reservation acknowledgement (the “Contract Documents”), constitute the entire agreement between us and you with respect to access to and use of this Website, the reservation of accommodation and your use of the accommodation. You confirm and acknowledge that you have not been induced to place any reservation by any representation, warranty, or undertaking made by us or any other person and you waive any rights that you may have to damages or rescission for misrepresentation (other than fraudulent misrepresentation) that are not expressly incorporated in the Contract Documents.

12.6.   If any provision or term of these terms and conditions shall become or be declared unlawful, invalid or unenforceable, in whole or in part, for any reason whatsoever, such provision or term or such part of it shall to that extent be severed from the remaining terms and conditions and deemed to be deleted from them as far as possible without modifying or affecting the legality, validity or enforceability of the remaining terms and conditions, which will remain in full force and effect.

12.7.   These terms and conditions and the subject matter of these terms and conditions shall be governed by and construed in accordance with English law and any dispute arising out of these terms and conditions and the subject matter of these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.

Terms of Occupation

1. Introduction

1.1.   The following terms and conditions relate to your occupation of the accommodation booked by you or any alternative accommodation we provide. These terms must be complied with by you and all other members of your party (or if you are booking the accommodation on behalf of a business, the staff of that business that you allow to occupy the accommodation). You accept responsibility for the actions of anyone that you allow into the accommodation or the building. Any obligation not to do something includes an obligation not to allow someone else to do so.

1.2.   If you are booking the accommodation on behalf of a business, you must inform us of the identity of all persons that will be staying in the accommodation and of any changes.

1.3.   In the interests of security and to prevent fraud, guests will be asked to present the credit or debit card used to make their booking upon check-in. Guests may also be asked to provide proof of identity and to complete a registration form with their identity card / passport details. Acceptable forms of identification are: a passport, driving licence, national ID card or police warrant card. The information above may be requested for each member of your party over the age of 16, and we reserve the right to refuse entry to persons who cannot provide the information set out above.

1.4.   Individuals under 18 years of age are not permitted to stay in a Cheval Residence unless a parent or legal guardian is also staying in the hotel.

2. Your use of the accommodation

2.1.   You agree to use the accommodation for private residential use only and in a reasonable manner.  In particular, you agree not to:

2.1.1.    allow the accommodation to be occupied by more than the number of persons confirmed at the time of booking or as otherwise agreed by us in writing;

2.1.2.    cause any damage or deterioration to the accommodation or its fixtures, fittings, appliances, furniture and other contents provided by us or its decoration except through reasonable wear and tear;

2.1.3.    operate any form of business from the accommodation or use it for any illegal or immoral purpose;

2.1.4.    do anything illegal at the accommodation or the building;

2.1.5.    do anything which may be or become a nuisance or annoyance to us or the other occupiers of the building or neighbouring properties, which shall include (without limitation) not causing any noise at a level which causes a disturbance to other persons in the building or neighbouring properties;

2.1.6.    You must comply with all written notices, instructions and house rules contained in the handbook located in the accommodation or otherwise displayed there.

3. Inventory of contents and condition

3.1.   We agree to provide the accommodation and its contents clean and in good repair and condition. Our representative will prepare before your arrival an inventory of the furniture, fixtures and contents of the accommodation and its state and condition. You must sign this inventory upon your arrival at the accommodation and if you have not signed and returned the inventory to us before you take occupation of the accommodation it shall be deemed to be agreed.

3.2.   At the end of your stay, our representative will attend the accommodation to check the inventory against the furniture, fixtures and contents of the accommodation and its state and condition. You must be present to meet with our representative and agree the inventory. If you are not present, we will check and complete the inventory in your absence and it will be deemed to be agreed and be final and binding on you. If once you have vacated the accommodation we discover any damage or loss which you have not reported to us, we will assume the damage or loss was caused by you.

3.3.   When vacating the accommodation, you must leave the accommodation, its fixtures, fittings, appliances, furniture and other contents provided by us in the same condition as it was at the beginning of your stay, subject to fair wear and tear. Where the accommodation or any item is not left in the condition required, you must pay us any costs which we incur in cleaning, repair or replacement.

4. Our services

4.1.   We will provide a housekeeping service daily (frequency varies by residence – minimum is 5 days a week) and the change of laundry of household linen ( frequency varies by residence – minimum is twice a week). The housekeeping service is restricted to general cleaning, making beds and cleaning of floor areas. It does not include personal maid service.

4.2.   The charges for your use of the accommodation specified at the time of booking are inclusive of the following utilities and taxes: electricity, gas, water, heating, wifi and rates. The charges will also include any additional services selected by you at the time of booking. However, you must pay the charges for telephone calls and for any other services or amenities which you use or request during your stay upon presentation of the account.

5. Behaviour to our staff and guests

5.1.   We have a zero tolerance policy towards behaviour that is abusive, threatening or violent towards our staff, our contractors or other guests.  If you or any of your party or anyone that you authorise to occupy the accommodation behaves in this manner, we may terminate your right to occupy the accommodation immediately and we may report the matter to the police.

6. Access to the accommodation

6.1.   We and our contractors may require access to the accommodation from time to time for any reasonable purpose.  If we do require access, we will endeavour to cause as little disruption as possible.  We will aim to give you reasonable notice and, wherever possible, to seek access only during normal working hours, however this may not always be possible.

6.2    No child or children under the age of 18 will be allowed to check-in unaccompanied; Cheval Residences reserves the right to refuse entry on this basis.

7. Insurance

7.1.   Our insurance policy does not cover the personal belongings of you or any other persons.  You are urged to take out insurance policies to cover your belongings and other risks incurred as a result of your occupation of the accommodation.  We and our agents will not be responsible for any loss or damage howsoever caused.

8. Vacation of the accommodation

8.1.   You must vacate the accommodation by 11:00 a.m. on the day of departure. Any monies paid to and accepted by us or our agent in respect of occupation after this date will be accepted as mesne profits and will not grant a right of occupation or prejudice any of our rights under this agreement.

8.2.   When vacating the accommodation, you must remove all persons, possessions and rubbish from the accommodation and the building and return all keys.

9. Termination

9.1.   We may terminate your right to occupy the accommodation at any time with immediate effect if you fail to comply with any term of this agreement. If we do so, you may be required to vacate the accommodation immediately. You must still comply with your obligations in this agreement.

9.2.   Termination of this agreement shall be without prejudice to our rights in respect of any previous breach of your obligations under this agreement.

10. Nature of occupancy

10.1.   You agree that your occupation of the accommodation will at all times be as a licensee and that this agreement does not give you a right to occupy any specific accommodation. No tenancy is created by this agreement or any other agreement or by virtue of your occupation of the accommodation. You acknowledge that we retain the right to control, possession and management of the accommodation and that you have no right to exclude us from the accommodation.

10.2.   Your licence to occupy the accommodation is personal to you and is not assignable.  You must not allow anyone who is not a member of your party (or if you are booking on behalf of a business, the staff of that business) to occupy the accommodation.