Stay & Co UK Limited (a UK registered company with registration number 12955545), StayUrban & Co Portugal - LXAP LDA (a Portuguese registered company with registration number 516108174), Staykula PT, UNIPESSOAL LDA (a Portuguese registered company with registration number 516910027) and Stay & Co Australia Pty Limited (an Australian registered company with registration number 54636328740) and their subsidiaries from time to time are management companies offering Reservations, Sales & Marketing and Operational services for apartments under the KULA brand (in this agreement, such companies referred to together are the “Stay & Co Companies”, “us” or “we” and each a “Stay & Co Company”). All of the Stay & Co Companies are affiliate companies of Gold Tree Accommodation Limited (a Cypriot company with registration number HE386906) and Gold Tree Hospitality UK Limited (a UK registered company with registered number 14183035).
DEFINITIONS AND RULES OF INTERPRETATION
1.1 In these terms and conditions (or T&Cs) the following definitions and rules of interpretation apply.
Accommodation: Temporary accommodation in serviced apartments offered for reservation to the Customer by the Supplier subject to these T&Cs.
Approved Currencies: Pound Sterling, Euro, Australian Dollar.
Booking Agreement/Confirmation: An agreement subject to these T&Cs between the Customer and the Supplier for the provision of the Accommodation specified in the Booking Details.
Booking Details: A statement annexed to these T&Cs or separately provided in writing, and to which these T&Cs apply, of certain information relating to a reservation of Accommodation which may (but need not) include and is not limited to: description and location of Accommodation; the length of stay; nightly rate or rates for the period of stay; earliest Check-In time, latest Check-Out time; Cancellation Period and Guest Details.
Booking Fee: The amount of the fees payable by a Customer for the booking of an Accommodation pursuant to the respective Booking Agreement;
Business Day: In respect of a Booking of Accommodation in the UK, a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
In respect of a Booking of Accommodation in Portugal, a day (other than a Saturday, Sunday, or public holiday) when banks in Lisbon are open for business.
In respect of a Booking of Accommodation in Australia, a day (other than a Saturday, Sunday, or public holiday) when banks in Sydney are open for business.
Cancellation Notice Period:
The period of notice required to be given in writing by the Customer to the Supplier in advance of any change to a Booking Agreement.
Check-In: Guest arrival at Accommodation on the date of the first night of residency at that Accommodation in accordance with a Booking Agreement.
Check-Out: Guest departure from the Accommodation in accordance with a Booking Agreement.
Commencement Date: The date on which a Booking Agreement comes into existence being the date the Customer accepts the terms of the Booking Agreement.
Customer, you or your:
The person or persons making the booking the subject of this Booking Agreement.
Customer Payment Methods: A payment method, whether a credit or debit card or other payment method authorised by the Customer and approved by the Supplier or on its behalf for the making of payments to the Supplier on behalf of the Customer.
Customer Personal Data: Personal Data provided to the Supplier by or on behalf of the Customer and processed by the Supplier on behalf of the Customer.
Early Departure: Guest vacating the accommodation prior to the agreed departure date set out in the Booking Agreement.
Force Majeure Event:
An event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier, a Third Party Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, lock down, rule, regulation or direction, accident, breakdown of equipment, plant or machinery or communication, or any damage to infrastructure services, fire, flood, storm, quarantine, pandemic, epidemic, governmental acts or omissions, changes in laws or regulation or default of suppliers or subcontractors of the Supplier and/or the Network Third-party Supplier.
Guest: The Customer and/or each nominee or guest of the Customer staying at Accommodation.
Guest Details: The Guest’s name, address, email address and telephone number or any other details of the Guest that are reasonably required to comply with any law or for the purpose of provision of the services.
Guest Information Pack: Information provided to the Guest at the time of Check-In into the Accommodation including contact details for the Supplier’s Representative.
Invoice Date: The date on which an invoice for a Booking Agreement shall be raised as specified in the Booking Details and or the Statement of Work.
Payment Dates: The dates on which payment of invoices raised pursuant to Booking Agreements shall fall due as specified in the Booking Details and or the Statement of Work.
Personal Data: any information relating to an identified or identifiable person including any Customer and any Guest and including that person’s name, address, telephone number and email address.
Services: the provision of temporary accommodation in serviced apartments or other accommodation owned/leased and managed by the Supplier or a Network Third-party Supplier or any other services which may be provided by the Supplier or a Network Third-Party Supplier from time to time (for example, cleaning, transport, food and beverages supply and tours).
Statement of Work: A statement of particular terms which the Customer and the Supplier may agree shall apply to Booking Agreement agreed pursuant to these T&Cs as varied by agreement between the Customer and Supplier from time to time.
“Stay & Co Group Company” means any of the Stay & Co Companies, any other body corporate which is a holding company or a subsidiary of a Stay & Co Company and any other body corporate which is a subsidiary or a holding company of that holding company or subsidiary;
“subsidiary” and “holding company” shall have the same meaning afforded to such terms in section 1159 of the Companies Act 2006 (UK);
Supplier: In respect of a Booking of Accommodation in the UK, Stay & Co UK Limited (a UK registered company with registration number 12955545) whose registered office in 3 Bloomsbury Place, London Camden WC1A2QN;
In respect of a Booking of Accommodation in Lisbon, Portugal, StayUrban & Co Portugal - LXAP LDA (a Portuguese registered company with registration number 516108174) whose registered office is at Rua Eça Queiroz 4, 1050-096 Lisboa, parish of Santo António, municipality of Lisboa, PORTUGAL;
In respect of a Booking of Accommodation in Porto, Portugal, STAYKULA PT, UNIPESSOAL LDA (a Portuguese registered company with registration number 516910027) whose registered office is at Rua Eça Queiroz 4, 1050-096 Lisboa, parish of Santo António, municipality of Lisboa, PORTUGAL; and
In respect of a Booking of Accommodation in Australia, Stay & Co Australia Pty Limited (an Australian registered company with Australian Business Number 54 636 328 740) whose registered office is at [MAS PARTNERS PTY LTD, LEVEL 3, 2 DEFRIES AVENUE, ZETLAND, 2017, NSW .
Supplier’s Bank Account: The bank account nominated by the Supplier to the Customer from time to time for payments to be made pursuant to the Booking Agreement/Confirmation and/or specified in the Booking Details.
Supplier’s Representative: The representative of the Supplier or Network Third Party Supplier at the Accommodation, identified in the Guest Information Pack and when the Supplier's ‘meet and greet’ team contacts the Customer via mobile/email/WhatsApp message.
T&Cs: The terms and conditions set out in this document.
Network Third-Party Supplier: A provider of Accommodation or other Services other than the Supplier and provided to a Guest on these T&Cs.
Website: The websites operated by the Supplier, or by a Stay & Co Group Company, or by a Network Third Party Supplier providing online access to information relating to the Accommodation.
1.2. In this Agreement:
a) clause headings do not affect the interpretation of the These T&Cs;
b) a reference to a clause is a reference to a clause of these T&Cs;
c) a person includes a natural person, body corporate or unincorporated body (whether or not having separate legal personality);
d) a reference to a party includes its personal representatives, successors or permitted assigns;
e) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
f) a reference to writing or written includes e-mails.
2.1. A Booking Agreement constitutes the entire agreement between the parties in relation to the reservation concerned. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Booking Agreement.
2.2. Any descriptions or illustration of the Accommodation issued by the Supplier, and any description or illustration contained on or in the Website, catalogues or brochures, is issued or published for the sole purpose of giving an approximate idea of the nature of the Accommodation and shall not form part of the Booking Agreement or have any contractual force.
2.3. These T&Cs apply to Booking Agreements to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. PAYMENT TERMS, DEPOSIT AND SECURITY
3.1. The Supplier will raise an invoice for a Booking Agreement on the Invoice Date.
3.2. Payment pursuant to a Booking Agreement shall be made by the Customer on the Payment Dates in the Approved Currencies only. If the quoted price for a Booking Agreement is not in an Approved Currency, then the price will be converted to an Approved Currency on the Invoice Date using the relevant generally applicable exchange rates.
3.3. The following is approved Customer Payment Methods for Booking Agreements - valid credit or debit card the expiry date of which is later than the final date of the proposed occupancy of the Accommodation.
3.4 Where payment is made by bank transfer: payment must be made in full for the term of the Booking Agreement; notice of such remittance must be sent to the address notified by the Supplier; and payment must be received by the Supplier in cleared funds before Check-In, and unless full payment is received by the Supplier, access to the Accommodation reserved will not be granted.
3.5. If payment is not made by the Customer on a relevant Payment Date the Supplier shall be entitled to:
a) suspend or terminate the Booking Agreement;
b) charge interest on such late payment at 4% above the base rate of the Bank of England from time to time from the Payment Date until such date as payment is made.
3.6. Upon arrival at the Accommodation:
a) A deposit of £250 for stays in the United Kingdom, €250 for stays in Europe and AU$250 for stays in Australia may be required to cover incidental charges such as: breakages, loss or damage to the Accommodation or any of its contents; cost of cleaning / specialist treatment charges where more than routine cleaning is needed or smoking and/or vaping has occurred, lost car park passes (if any) or keys cards; any other financial loss to Supplier or a Network Third Party Supplier, for e.g. if the damage results in the Accommodation not being capable of immediate re-occupation, plus reasonable administrative costs.
b) We may also require details of your credit or debit card information at the time of Check-In and you hereby authorise us to charge such credit or debit card to recover any additional cost which a Supplier incurs as a result of misuse, unreasonable or careless use of the Accommodation by any Guest and/or any additional charges for goods and services provided by the Supplier or by a Network Third Party Supplier at the request of any Guest (“Additional Charges”), including, but not limited to:
breakages, loss or damage to the Accommodation or any of its contents;
unpaid pet charges;
cleaning / specialist treatment charges where more than a routine cleaning is required, or smoking and/or vaping has occurred in a non-smoking Accommodation;
additional housekeeping services (details available upon request);
shopping services (details available upon request);
lost key cards, electronic fobs or car park passes (if any) at an additional charge per key, fob or pass;
any other financial loss to a Supplier or a Network Third Party Supplier e.g. where damage means the Accommodation cannot be immediately re-occupied, plus our reasonable administrative costs.
c) In case of any Additional Charges, a written statement will be sent to the Customer at the time the debit or credit card is charged with detail of the amount and reason of the Additional Charges, and the relevant invoice shall be delivered to the Customer;
d) The level of Additional Charges will be the actual cost of the cleaning, replacement, repair, additional goods or services or loss (as appropriate) incurred by the relevant Supplier or a Network Third Party Supplier, together with our applicable reasonable administration costs.
3.7. The Supplier shall refund the deposit to the Customer by transfer to the Customer's bank account (for which bank account the Customer shall provide the Supplier with all necessary details upon request), less any deductions made pursuant to these T&Cs, within 7 days of receipt of the relevant bank account details.
3.8. Where the Supplier enters into a Booking Agreement as agent to a Network Third Party Supplier, the Customer shall pay the Supplier, and the Supplier shall then be responsible for all payments to be made to the Network Third Party Supplier.
4.1. The Supplier shall ensure that the Accommodation is available at Check-In and for the term of the Booking Agreement and is in good order at Check-In.
4.2. Booking Agreements are made for Accommodation at a specific location however the Supplier gives no representation or warranty as to the availability of any specific apartment at such location.
4.3. Access to the Accommodation is not exclusive to the Guests during the term of a Booking Agreement. The Supplier will retain keys to the Accommodation and authorised staff of the Supplier shall have access to the Accommodation at all reasonable times and at any time in the case of an emergency during the period of the Booking Agreement.
4.4. Housekeeping visits to the Accommodation shall be scheduled without notice to the Guest.
4.5. Although the Accommodation and location of the same are confirmed in advance, the exact apartment number cannot be guaranteed prior to arrival. No refund will be payable in such circumstances.
4.6. The number of persons permitted to occupy the Accommodation is limited to the maximum occupancy as set out in the Booking Agreement. Any increase to the number of Guests occupying the Accommodation must be approved by the Supplier prior to Check-In.
In some Accommodations, extra beds may be provided at an additional charge to be agreed at the time that the Booking Agreement is made. All Guests names must be submitted at the time of the Booking.
4.7. The Customer confirms that the Accommodation will not be used as the principal home or residence of the Guests and shall only be used as temporary residential accommodation. Only Guests have the right to use the Accommodation pursuant to these T&Cs and no relationship of landlord and tenant is created.
4.8. The Customer and lead Guest must be at least 18 years old. All Guests under the age of 18 must be always accompanied by an adult and may not be left in the Accommodation without adult supervision.
4.9. Please note that all Suppliers have a strict no party, no gathering and no drugs, no illegal activity policy. The location will be regularly patrolled. Should there be evidence of a party, gathering or illegal substances or other illegal activity use, security/the police will be called, and the apartment will need to be vacated immediately.[ An automatic charge of £2,000 for stays in the UK/ €2,000 for stays in Portugal and AU$3,000 for stays in Australia (minimum) will be levied (“Antisocial Behaviour Charge”)]. The Supplier and the Network Third Party Supplier reserve the right to bring a claim against all offenders under any applicable laws and regulations. The Customer hereby authorises, and warrants that each relevant Guest consents to, the Supplier or a Network Third Party Supplier (as the case may be) to use the Customer’s credit card details received under clause 3.6.2 for the purpose of payment of the Antisocial Behaviour Charge. The Customer acknowledges that the Antisocial Behaviour Charge is a genuine pre-estimate of the loss suffered by the Supplier as a result of the behaviour giving rise to the Antisocial Behaviour Charge.
4.10. The Customer confirms and warrants to the relevant Supplier or a Network Third Party Supplier that s/he is not and none of the Guests are:
a) person/s with any current or entitlement to future immunity from the jurisdiction of any court in the United Kingdom, Portugal, Australia or Cyprus; and/or
b) a local authority or a housing authority in any jurisdiction; and/or
c) a government Department or other body or party providing or dealing with disadvantaged persons, or the housing of homeless person or persons assisted by applying for state or other form of benefits; and/or
d) a person that shall extend or create any protection or security of tenure for parties that shall prevent (or cause any such to arise) the Supplier from yielding up the Accommodation at any time.
4.11. Guests may be asked to allow viewings for the Supplier and its agents and surveyors, and sufficient notice will be provided for any such viewing.
5. CHECK-IN AND CHECK-OUT
5.1. The Customer or the Guest must contact the Supplier using the contact details in clause 9.5 at least 48 hours prior to Check-In to confirm arrival time and Check-In procedure.
5.2. Accommodation is available for Check-In at the time specified in the Booking Details. A set of keys (manual or digital) or a code or other entry device or system to the Accommodation will be provided at Check-In or via email prior to Check-In. Access to car parking or other facilities will also be provided if this has been agreed prior to Check-In.
5.3. Guests may be required to provide a deposit payment and/or a valid credit or debit card details to the Supplier’s Representative at Check-In for the purposes set out in clauses 3.6.a), 3.6.b) and 4.9 above.
5.4. Guests are required to Check-Out by the time specified in the Booking Details on the scheduled date for Check-Out in accordance with the relevant Booking Agreement or any agreed extension to that Booking Agreement. Additional procedures for Check-Out will be set out in the Guest Information Pack.
5.5. Within 48 hours after Check-In the Guest shall report to the Supplier’s Representative of:
a) any damage to the Accommodation or any equipment contained therein;
b) any items missing from the Accommodation, if applicable.
5.6. The Supplier shall be entitled to require the Guest to pay for any damage to the Accommodation or any equipment contained therein or any items missing from the Accommodation not reported in accordance with clause 5.5 and the Customer consents, and warrants that each relevant Guest consents, to such payment being collected from the deposit taken pursuant to clause 3.6.a) or the credit or debit card the details provided to the Supplier’s Representative in accordance with clause 3.6.b).
6. CANCELLATIONS AND BOOKING AMENDMENTS
6.1. All cancellations and/or notification of Early Departure must be received in writing.
6.2. Refunds for non-arrivals will be charged as per the No-Show Policy detailed in Clause 6.4.
6.3. A cancellation charge will not apply, and a full refund will be given where appropriate written notice of cancelling the booking has been received.
6.4. The cancellation notice periods are as detailed below:
Cancellation & No-Show Policy
6.5. Other than in respect of a cancellation of a group booking as defined and set out in clause 6.10 below, and unless otherwise stated in the Booking Agreement/Confirmation, the following cancellation periods will apply:
Length of booking
Free cancellation where cancellation notice is received by the Supplier at a time which is:
25% of the Booking Fee for the entire length of stay set out in the Booking Agreement will be charged where the cancellation notice is received by the Supplier at a time which is:
50% of the Booking Fee for the entire length of stay set out in the Booking Agreement will be charged where the cancellation notice is received by the Supplier at a time which is:
Where no cancellation notice is received by the Supplier (i.e. No Show)
For bookings of 1-6 nights
72 hours or more prior to the scheduled Check-In date
less than 72 hours prior to the scheduled Check-In date
100% of the Booking Fee for the entire length of stay set out in the Booking Agreement will be charged
For bookings of 7-27 nights
7 days or more prior to the scheduled Check-In date
less than 7 days prior to the scheduled Check-In date
50% of the Booking Fee for the entire length of stay set out in the Booking Agreement will be charged
For bookings of 28+ nights
14 days or more prior to the scheduled Check-In date
less than 14 days prior to the scheduled Check-In date
50% of the Booking Fee for the entire length of stay set out in the Booking Agreement will be charged
6.6. Cancellation & No-Show Policy repayments
Where insufficient notice is given, the cancellation fee will be as set out in clause 6.4 and 6.5. above. Any overpayment will be credited to the credit or debit card with which the Customer or Guest paid and reasonable charges to process the refund will be deducted from the amount to be refunded.
6.7. Should a Guest wish to depart before the booked Check-Out Date, the cancellation and notice periods set out in clause 6.4 and 6.5 above or, if different, those periods as stated on the Booking Confirmation, will apply, and the Customer will be charged the nightly rate multiplied by the number of days which should have been included in the notice period. Notice of Early Departure must be received by us in writing for any such refunds to apply.
6.8. If the Customer wishes to extend the period of stay in the Accommodation, written notice should be given to the Supplier as soon as possible.
6.9. Any extensions will be based on availability at that time. An alternative apartment may be offered if the Accommodation has been booked for another customer for all or part of the required extension.
6.10. For all cancellations of a group booking a 28 working days’ notice is required, unless agreed otherwise. Bookings of 5 apartments or more will be considered as a group booking.
6.11. We reserve the right to charge a different price for the Accommodation for any period of extension. Payment for the extension period will be required immediately once we confirm the availability of the Accommodation or alternative apartment(s) to the Guest or to the Customer unless other credit/payment terms have been previously agreed.
7. SITE ERRORS
The website may contain technical inaccuracies and typographical or other errors in connection with information displayed on the website, including without limitation rates, fees, or availability applicable to your transaction. The Supplier assumes no responsibility or liability for such errors, inaccuracies, or omissions. The Supplier shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. The Supplier shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
8. GUEST RESPONSIBILITIES
8.1. All Guests must comply with the regulations for use of the Accommodation set out in the Guest Information Pack. If any Guest breaches any of these T&Cs or the regulations for use of the Accommodation set out in the Guest Information Pack, we reserve the right to request all Guests to vacate the Accommodation immediately, and without refund.
8.2. Guests are not permitted to smoke or vape in any Accommodation (including balconies and terraces). If the Guest is found to be smoking and/or vaping in the Apartment or building (other than areas clearly designated as smoking areas, if any), the Supplier will charge an additional cleaning cost. This prohibition includes use of candles, incense, essential oils (diffusing, vaporising etc.) or any other open flame devices. Failure to respect this policy may result in an additional charge of £150 for UK stays, €150 for Portugal stays and AU$200 for Australia stays and/or immediate termination of the Booking Agreement and the apartment being vacated immediately at the sole discretion of the Supplier.
8.3. Neither the Supplier nor any Network Third Party Supplier accept any responsibility for any loss or damage to any Guest’s or any other occupiers of the Accommodation personal belongings at any time. The Supplier’s and the Network Third Party Suppliers’ insurance policy does not cover any personal belongings of the Guests or any other occupiers of the Accommodation. The Customer is advised to take out insurance policies to cover the belongings of the Guests and other risks incurred as a result of the occupation of the Accommodation.
8.4. Guests are responsible for the behaviour of their children during their stay at the Accommodation.
8.5. Guests must keep the Accommodation, and its furniture, fittings and effects in the same condition as on the date of their arrival and must leave the Accommodation in a reasonable state of cleanliness and general order as it was upon their arrival to avoid incurring any additional Charges.
8.6. Guests must notify the Supplier of all damages, lost or broken items, or any such matters requiring maintenance in the manner shown in the Guest Information Pack.
8.7. Guests’ possessions must be removed from the Accommodation on the date of departure. The Supplier will not keep any Guests’ possessions left in the Accommodation after the Guests’ departure, and any such left possessions will be discarded without compensation to the Guests.
8.8. Guests must not exceed the maximum capacity for the number of guests in one apartment and should additional guests be found to be staying in the Accommodation, further charges may be incurred. The number of Guests will be stated on the Booking Agreement / Confirmation.
8.9. Subletting the Accommodation by the Customer or any Guest is strictly prohibited.
8.10. Pet Policy:
By prior arrangements, guests are welcome to be accompanied by their pets during their stay at an Apartment.A non-refundable one-off fee of £50 /AU$50 /€50 inclusive of all applicable taxes does apply in respect of each permitted pet.
9. PERSONAL DATA AND CUSTOMER DATA PROTECTION
9.1. Our Privacy Notice provides information on the personal data the Supplier collects, how it is used, the lawful basis for the processing of personal data, international transfers of personal data, the rights of Guests and Customers, and how to contact us. The Privacy Notice is available on our website at [Link].
9.2. The Supplier and any Network Third Party Supplier, including their staff, shall view and process Personal Data and Customer and Guest’s Personal Data to the extent necessary to perform their obligations and to exercise their rights under these T&Cs, the Booking Agreement/Confirmation and the Statement of Work and to comply with any applicable law or regulation. Due to Supplier’s corporate organization structure, the controller of the Personal Data processed by Supplier within the context of any Booking Agreement and these T&Cs, is Gold Tree Hospitality Limited and/or its affiliated companies, as the case may be.
9.3. Due to the global nature of our business and that of our third-party suppliers who process your personal data on our behalf, personal data that we collect from you may be transferred, processed and stored overseas including (where applicable) outside the jurisdiction where the personal data is collected.
9.4. The Supplier will disclose the Guest Details in a Booking Agreement to its Network Third Party Suppliers as necessary for the provision of Services.
9.5. The Customer can:
a) update his/her or his/her Guests’ information, modify their communication preferences, or ask not to receive marketing communications from us in the future through their account at https://www.mews.li/navigator/account; or
by contacting the relevant Supplier at the following email addresses:
For stays in the UK: email@example.com with a copy to Legal@staykula.com
For stays in Portugal: firstname.lastname@example.org with a copy to Legal@staykula.com
For stays in Australia - email@example.com with a copy to Legal@staykula.com
Each of the Customer, Guests and Supplier (as Receiving Party) shall keep in strict confidence all information or data of a confidential nature disclosed to the Receiving Party by the other party (as Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as they need to know it for the purpose of discharging the Receiving Party’s obligations under these T&Cs or under any applicable law or regulation, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 10 shall survive termination or expiry of a Booking Agreement.
11. LIMITATION OF LIABILITY
11.1. Nothing in these T&Cs shall limit or exclude the Supplier’s or Network Third Party Supplier’s liability for:
a) death or personal injury caused by its gross negligence, or the gross negligence of its employees, agents or subcontractors; or
b) fraud, fraudulent misrepresentation or wilful default.
11.2. Subject to clause 11.1:
a) the Supplier or Network Third Party Suppliers shall be under no circumstances liable to the Customer or the Guest, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a Booking Agreement; and
b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with a Booking Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed, in relation to any individual claim, the aggregate of the amounts paid by the Customer to the Supplier pursuant to the Booking Agreement concerned.
11.3. Except as otherwise set out in these T&Cs, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any Booking Agreement concluded pursuant to these T&Cs.
11.4. This clause 11 shall survive termination or expiry of the any Booking Agreement.
12.1. Without limiting its other rights or remedies, each party to these T&Cs may terminate a Booking Agreement with immediate effect by giving written notice to the other party if:
a) the other party commits a material breach of the Booking Agreement (including a breach of the provisions of clause 8) and if such a breach is remediable, fails to remedy that breach to the satisfaction of the non-breaching party within 7 business days of that party being notified in writing of the said breach;
b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or, (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
e) any event occurs, or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.1.a) to clause 12.1.d) (inclusive);
f) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
12.2. Without limiting its other rights or remedies, the Supplier may terminate a Booking Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Booking Agreement on the due date for payment.
12.3. Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under a Booking Agreement or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 12.1.a) to clause 12.1.d12.1.e) (inclusive) or if the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under a Booking Agreement on the due date for payment.
13. CONSEQUENCES OF TERMINATION
13.1 On termination of a Booking Agreement for any reason:
a) the Customer shall immediately pay to the Supplier all the Supplier’s outstanding unpaid invoices and interest and, in respect of unpaid Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Booking Agreement which existed at or before the date of termination or expiry; and
c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
14.1 Force Majeure:
a) The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under a Booking Agreement as a result of a Force Majeure Event.
b) If the Force Majeure Event prevents the Supplier or a Network Third-party Supplier from providing any of the Services the Supplier shall, without limiting its other rights or remedies, have the right to terminate the Booking Agreement immediately by giving written notice to the Customer.
14.2. Assignment and subcontracting:
a) The Supplier may at any time with notice assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under a Booking Agreement and may subcontract or delegate in any manner any or all of its obligations under that Booking Agreement to a Network Third-party Supplier.
b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under a Booking Agreement.
a) Any notice or other communication required to be given to a party under or in connection with these T&Cs shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business or home address, or sent by email to the other party’s email address set out below.
b) Notices sent by email to the Supplier, must be sent to the following email addresses:
For stays in the UK: firstname.lastname@example.org with a copy to Legal@staykula.com
For stays in Portugal: email@example.com with a copy to Legal@staykula.com
For stays in Australia - firstname.lastname@example.org with a copy to Legal@staykula.com
c) Notices sent by email to the Customer shall be sent to the email address provided by the Customer when booking the Accommodation unless an alternative email address has been provided by notice in accordance with the terms of this clause 14.3.
d) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to in this clause 14.3 or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by email, on the next Business Day after transmission.
e) This clause 14.3 shall not apply to the service of any proceedings or other documents [on the Supplier] in any legal action. For the purposes of this clause, “writing” shall include e-mails and for the avoidance of doubt notice given under these T&Cs shall be validly served if sent by e-mail.
a) A waiver of any right under these T&Cs is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these T&Cs or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
b) Unless specifically provided otherwise, rights arising under these T&Cs are cumulative and do not exclude rights provided by law.
a) If a court or any other competent authority finds that any provision of these T&Cs (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the T&Cs shall not be affected.
b) If any invalid, unenforceable or illegal provision of the T&Cs would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.6. No partnership: Nothing in these T&Cs is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14.7. Network Third parties Supplier: A person who is not a party to a Booking Agreement shall not have any rights under or in connection with it.
14.8. Variation: Except as set out in these T&Cs, any variation, including the introduction of any additional terms, shall only be binding when agreed in writing and signed by the Supplier.
14.9. Governing law and jurisdiction:
a) In respect of stays in the UK, these T&Cs, any Booking Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
b) In respect of stays in Portugal, these T&Cs, any Booking Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Portuguese Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Portugal.
In respect of stays in the Australia, these T&Cs, any Booking Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, New South Wales, Australia law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
15. FEEDBACK AND COMPLAINTS
a) Stay & Co Group Companieswelcome feedback from its Guests. If you are not entirely satisfied with the service offered please notify the Customer Relations representative in the first instance by email to: email@example.com for UK stays or firstname.lastname@example.org for Australia stays or email@example.com for Portugal Stays. Alternatively, call us on our office number which is in the Guest Information Pack. Our policy is to send a written acknowledgement of any complaint within 48 Hours of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
16. ACCESSIBILITY STATEMENT
The Supplier operates, in respect of stays in the UK, in accordance with the Disability Discrimination Act 1995 (UK) and the Equality Act 2010 (UK) and the Disability Discrimination Act 1992 (Australia) and, as such, the Supplier encourages all prospective guests to talk to the Supplier about any special accommodation requirements they may have. The Supplier will be pleased to discuss its most appropriate Accommodation solutions with the aim of making all guests’ stay as comfortable as possible.