BOOKING TERMS

BOOKING TERMS AND CONDITIONS

These terms and conditions (Terms) govern all bookings made with A Room in Town (Group) Limited, a company registered in England and Wales with company number 10098252.

1        Definitions:

1.1     The following definitions apply in these Terms:

“Active Recurring Booking” means a Recurring Booking accepted by us and in respect of which the Recurring Booking Period has not expired.
“Booking Fee” means:

(a)    in the case of a Single Booking, the fee payable for use of the Room for the Booked Time as per your Booking; and

(b)   in the case of a Recurring Booking, the monthly fee payable for use of the Room for the Booked Time during the Recurring Booking Period as per your Booking,

in each case excluding the Deposit and fees for any additional services we provide.
“Booking” means the booking for a Room and/or any other services or items made with us.
“Booking Confirmation” means an email from us to you confirming a Booking.
“Booking Number” means the booking number assigned to your Booking and shown on your Booking Confirmation.
“Booked Time” the period or periods of time during which you have Booked the use of a Room, as shown in the Booking Confirmation.
“Booking Request” means a request for a Booking made on our website and includes all information you supply to us before we confirm a Booking.
“Business Day” means Monday to Friday excluding public holidays in England.
“Contract” means the Booking Request, the Booking Confirmation and these Terms, and any other terms and conditions stated to apply to the Booking.
“Deposit” means the security deposit payable in respect of a Recurring Booking, as specified when completing the Booking Request.
“Guest” means any individual attending the Room during the Booked Time at your request or invitation.
“Initial Booking Fee” means, in the case of a Recurring Booking, the fee payable for use of the Room at the Booked Time during the Initial Payment Period.
“Initial Payment Period” means the period commencing on the day a Booking Request is made for a Recurring Booking and ending the day before the next Recurring Payment Date.
“Recurring Booking” means a Booking for a Room or Rooms for a specified time on a recurring weekly basis.
“Recurring Booking Period” means the period of time commencing on acceptance by us of a Recurring Booking and expiring on the earlier of:

(a)    the last recurrence of the Recurring Booking; or

(b)   termination of the Recurring Booking under clauses 5, 6, or 7.
“Recurring Payment Date” means the first Business Day of each calendar month.
“Room” means the room or rooms booked by you and provided in accordance with these Terms and includes any alternative room provided under clause 6.1.
“Single Booking” means a Booking for a Room on a specified date at a specified time.
“we”, “us” or “our” means A Room in Town (Group) Limited.
“you” or “your” means the person, organisation, company or other body responsible for making a Booking.

 

1.2     “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes email and SMS.

2        Booking Arrangements (General)

2.1     All Bookings for a Room are subject to these Terms.

2.2     Subject to clause 2.3, in order to make a Booking you must submit a Booking Request using the booking procedure on our website, www.talking-health.com. Your Booking Request constitutes an offer to us to finalise a Booking.

2.3     In order to place a Booking Request for a Single Booking you must, at the point of placing the Single Booking, have an Active Recurring Booking.

2.4     If you submit a Booking Request on behalf of, or in your capacity as an employee or agent of, a corporate body, association or partnership, any references to “you” in these terms shall be interpreted as a reference to such corporate body, association or partnership and you expressly warrant and represent that you are authorised to bind such corporate body, association or partnership accordingly.

2.5     All Booking Requests are subject to acceptance by us, and no Contract or Booking exists until we have confirmed our acceptance of your request for a Booking by dispatching to you a Booking Confirmation containing a Booking Number. Booking Confirmations will be sent by email to the address provided when completing the Booking Request.

2.6     Confirmation by us of a Booking creates a legally binding Contract between you and us for the supply of the Room on these Terms. You may not transfer your Booking to someone else.

2.7     Each Booking constitutes a separate contract between you and us.

2.8     We reserve the right to refuse any Booking Request at our sole discretion at any time prior to issuing a Booking Confirmation. If we do this we will inform you of this in writing and will return any monies you have paid to us. In such case, no Contract will have come into existence we will have no legal responsibility to you.

2.9     All Recurring Bookings are subject to a minimum Booked Time of 50 minutes per week. All Single Bookings are subject to a minimum Booked Time of 50 minutes.

2.10      When you receive your Booking Confirmation you should check the details carefully. If anything is incorrect you should inform us immediately in writing as it may not be possible to make changes later.

2.11      It is your responsibility to check your emails and any other forms of communication we might use regularly and to let us know about any change to your email address.

2.12      Booking Requests are “subject to availability” and it is possible that your requested Room may not be available when we come to process your Booking Request.

3        Pricing

3.1     The prices we advertise are to the best of our knowledge correct at the date of publication, however we reserve the right to alter our rates from time to time. We will advise you of the current rate at the time you place your Booking Request.

3.2     The price you pay each month for a Recurring Booking will be calculated based on the number of Booked Times that will occur within the month. This means that your Booking Fee will vary slightly from month to month.

3.3     The price quoted when completing the Booking Request includes applicable UK taxes at the time you make the Booking.

3.4     The Booking Fee is inclusive of rates, service charges, building management, building insurance’s, heating, cleaning, security and the use of the kitchenette.

3.5     We may from time to time increase the monthly Booking Fee payable in respect of an Active Recurring Booking. Where we decide to do this we will give you no less than 28 days’ notice of the increase.

3.6     In order to place a Recurring Booking you will be required to pay a Deposit. The Deposit will be applied toward any charges, damage or loss for which you agree to be responsible under these Terms.

4        Payment

4.1     Card payments are processed on our behalf by Braintree (a Paypal service) and are subject to Braintree and Paypal’s terms and conditions.

4.2     When you place a Recurring Booking, you will be required to make payment of the Initial Booking Fee in respect of the Initial Payment Period, together with the Deposit. The payment must be made by credit or debit card on submission of your Booking Request. You will also be required to authorise a recurring payment of the Booking Fee on each Recurring Payment Date during the Recurring Booking Period.

4.3     When you place a Single Booking, you will be required to make complete payment of the Booking Fee in respect of that Single Booking. Where you have credit on your account in respect of a previously cancelled Single Booking then this can be used towards payment, otherwise payment must be made by credit or debit card on submission of your Booking Request.

4.4     Where you are entitled to a refund pursuant to clause 5.3 below this this refund will be processed on the next Recurring Payment Date. All other refunds will be processed within 10 Business Days.

5        Cancellation by You

5.1     Should you wish to cancel your Recurring Booking you must give us no less than 28 days’ notice. Notice cannot be served prior to the commencement date of your contract.

5.2     You must email us immediately should you wish to cancel a Single Booking, quoting the Booking Number contained in your Booking Confirmation. Your cancellation will only become effective once we have confirmed the cancellation to you in writing.

5.3     Where you cancel a Recurring Booking and this results in you having no Active Recurring Bookings then any Single Bookings that you have made for a Booked Time after your cancellation of the Recurring Booking will be automatically cancelled.

5.4     If you cancel your Booking the following refund policies apply:

Single Bookings

  • If we receive your cancellation request less than 24 hours before the Booked Time we will not issue any refund.

  • If we receive your cancellation request more than 24 hours prior to the Booked Time, we will credit the full amount of the Booking Fee paid for the Single Booking to your account (“Account Credit”).

  • Should you wish to make a further Single Booking before the next Recurring Payment Date then the Account Credit will be applied against the cost of that Booking.

  • If you have not utilised the Account Credit by the next Recurring Payment Date then the Account Credit will be credited against the Booking Fee payable for the next month and the amount taken from your payment card will be reduced accordingly.

Recurring Bookings

  • You will not normally be entitled to any refund upon cancelling a Recurring Booking as the final Booking Fee payable will be reduced in line with the number of Booked Times remaining until expiry of the 28 day cancellation period.

  • Where the amount of credit on your account exceeds the amount payable on the final Recurring Payment Date then we will refund you the amount by which the credit on your account exceeds the final Booking Fee.

6        Cancellation and Changes by Us

6.1     We reserve the right to change your assigned Room for a suitable alternative prior to the commencement of the Booked Time. Should we make such a change we will endeavour to advise you by email or SMS in advance.

6.2     Very occasionally we may need to cancel all or part of your Booking due to circumstances beyond our reasonable control. In such circumstances, we will advise you by email or SMS as soon as reasonably possible.

6.3     If we cancel all or part of your Booking under clause 6.2 then the following refund policies apply:

Single Bookings

    - Where we cancel a Single Booking we will refund the Booking Fee paid in respect of that Single Booking in full.
Recurring Bookings
  • Where we cancel one or more Booked Times under a Recurring Booking we will issue you a pro-rata refund of the Booking Fee paid in respect of that Recurring Booking, which will be credited against the Booking Fee payable on the next Recurring Payment Date.

  • Where we cancel all of your Recurring Booking we will issue you a pro-rata refund of the Booking Fee calculated with reference to the number of Booked Times that have been cancelled between the date of cancellation and the next Recurring Payment Date.

6.4     Save for any amounts payable to you under clause 6.3 we shall have no liability to you arising out of any change or cancellation to your Booking.

7        Termination of Recurring Booking

7.1     If our payment provider is unable to take payment of your Booking Fee in full on a Recurring Payment Date then your Recurring Booking will be immediately terminated and all future Booked Times in respect of that Recurring Booking immediately cancelled. No refunds will be given in these circumstances.

8        Access to Rooms

8.1     In consideration for payment by you of the Booking Fee, we permit you to occupy the Room during the Booked Time in common with us and all others authorised by us, in accordance with these Terms. You acknowledge that you shall occupy the Room as a licensee and that no relationship of landlord and tenant is created between you and us by these Terms.

8.2     You further acknowledge that we retain control, possession and management of the Room (and the property in which the Room is situate) and that you have no right to exclude us from the Room (or any part of the property in which the Room is situate).

8.3     Upon placing your first Recurring Booking with us you will be provided with an access fob which will allow you to access the Rooms (the “Fob”).

8.4     The Fob will only give you access to our Rooms during a Booked Time.

8.5     The Fob remains our property at all times. You agree to return the Fob to us immediately on our request to do so and in any event immediately upon the expiry of a Recurring Booking Period. If you become aware that your Fob has been lost or stolen then you agree to immediately inform us of this by email.

8.6     The Fob allows us to monitor your access and usage of our rooms and the building in which they are situate. You agree that we may hold this information and use it for our legitimate business purposes.

9        Your responsibilities

9.1     You and your Guests agree to keep the Room clean and tidy and to leave it in no worse condition than you found it when the Booked Time commenced.

9.2     You and your Guests agree to promptly vacate the Room at the end of the Booked Time. Failure to vacate the room at the end of the Booked Time will result in forfeiture of the Deposit.

9.3     You and your Guests agree not to impede or interfere with our right of possession of the Room.

9.4     You agree not to use the Room for any illegal, immoral or commercial purpose.

9.5     You agree not to install any furniture or equipment in the Room, nor to alter the Room, its partitioning or any fixtures or fittings.

9.6     You and your Guests agree not to affix or display anything in the windows or doorways of the Room without first obtaining our consent in writing.

9.7     You agree to be responsible to us for all costs relating to breakage of or damage to the Room, furniture or equipment howsoever caused and for any consequential costs arising therefrom.

9.8     The total number of people who use the Room at any time must not exceed the capacity of the Room as advertised by us.

9.9     You and your Guests may bring cold food and beverages into the Room, but hot food is prohibited. You agree to place all waste in the bins provided.

9.10      You and your Guests will not use the Room in such a way as may cause, or may likely cause, a nuisance or disturbance or may otherwise impair the enjoyment, comfort, health or safety of any other guests, residents or people in the same or neighbouring buildings.

9.11      You and your Guests must observe and adhere to any rules and regulations made by us in respect of the use of the Room including without limitation any health and safety requirements relating to the premises in which the Room is situated.

9.12      You may not use the address of any of our rooms, or the buildings in which they are located as your registered office address or as your postal address on your headed notepaper or in any communications or publications you produce or publish.

9.13      You may not register the address of any of our rooms, or the buildings in which they are located, on any advertisement, business directory, mapping or other online service including, but not limited to, Google My Business and Bing Places of Business.

9.14      We do not accept pets or other animals of any nature within the Room save for registered assistance dogs. If you wish to bring an assistance dog you must notify us of this in writing as soon as reasonably possible prior to commencement of the Booked Time.

9.15      You agree to indemnify us and our respective officers, employees and agents from all claims, liability, or loss, and all damages and costs incurred by us which arise out of the use of the Room by you.

10        Our Rights and Responsibilities

10.1      We will make reasonable efforts to provide the Room and related facilities in good working order and properly equipped.

10.2      We are not responsible for the theft and/or damage of your personal belongings, or those of your Guests, during your use of the Room, whether during the Booked Time or otherwise.

10.3      We are entitled to charge you for the cost of remedial work to the Room and for replacing furniture and/or equipment. We reserve the right to enter the Room during the Booked Time (without prior notice where it is not possible to advise you beforehand) in the case of special circumstances or emergencies.

10.4      We reserve the right to cancel or curtail your Booking if the behaviour of you or your Guests is causing, or is likely to cause, a nuisance or impairment of the enjoyment, comfort, health or safety of any other guests, residents or people in the same or neighbouring buildings. In these circumstances, no refund of the Booking Fee will be given.

10.5      We will not tolerate abuse towards our staff or other guests and reserve the right to refuse to process a Booking Request and/or cancel or curtail an existing Booking and/or to request that you leave the premises in the event that you, or anyone in your party, directs or threatens abuse or abusive behaviour towards our staff, employees, contractors or any other guests.

10.6      The use of any personal data provided by you to us shall be governed by our Privacy Policy 

11        Disabled Access

11.1      Some of our rooms may be unsuitable for people with disabilities. To ensure the Room is suitable for those with a disability, it is essential that you email us before you make your Booking providing us with clear details of any particular requirements. We will endeavour to cater for those requirements insofar as reasonably possible.

12        Liability

12.1      We are not liable to you for any direct, indirect or consequential loss or damage of whatsoever nature arising out of your use of the Room unless caused by our own negligence.

12.2      We are not responsible for any noise or disturbance from beyond the walls of the Room, the break-down of any equipment or for the failure of the building lifts and public utilities such as water, gas and electricity. Should we become aware of a potential problem before the Booked Time commences, we will take reasonable steps to contact you to let you know.

12.3      Our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this Contract is strictly limited to the Booking Fee.

12.4      Nothing in these Terms shall limit our liability:

(a)    for death or personal injury resulting from our negligence; or

(b)   for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation caused by is; or

(c)    for any other matter for which it would be illegal for us to exclude or attempt to exclude.

13        Force Majeure

13.1      We do not accept any responsibility nor will we pay any compensation where the provision of the Room (or any matter connected with such provision) is prevented or affected by reason of circumstances which could not have reasonably foreseen. These might include the destruction or damage of the Room (which then cannot reasonably be remedied to a satisfactory standard before commencement of your Booked Time) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage, riots or civil strife, industrial action, natural or nuclear disaster, adverse weather or war, actual or threatened terrorist activity, epidemic and all similar situations which are beyond our control.

14        Breach

14.1      If you are found to be in breach of any of these Terms we reserve the right to cancel your Booking with immediate effect and to require you to immediately vacate the Room.

15        Description of Rooms

15.1      We do our best to ensure that the information we provide about our rooms is presented accurately. However, there may be small differences between the Room and its description. This is normally because we have a policy of continually upgrading rooms, their services and facilities. We might occasionally encounter problems which mean that some facilities or services may not be available (or may be restricted). If this happens we will try to tell you as soon as reasonably practicable after we have been made aware of the problem. However, we cannot accept responsibility for any such differences or for changes.

16        Governing Law & Jurisdiction

16.1      You agree that any dispute will be dealt with by the Courts in England and Wales and that any action will be governed by English law.

 

A Room in Town (Group) Limited

Last Updated: April 2018