TERMS AND CONDITIONS OF HIRE - GEM SERVICED APARTMENTS

These Terms and Conditions of Hire are a contract between Gem Serviced Apartments, a trading name of Landlord & Property Solutions Limited, Company Number: 11044950; registered office: 61 Bridge Street, Kington, United Kingdom, HR5 3DJ; address for correspondence: 82 Thimblehall Drive, Dunfermline, Fife KY12 7RP (“us”, “we”, “our”), and you the person making the booking and all adult members of your party who will be staying in any of our apartments (“you”, “your”, “client”, “guest”). By making a booking or staying in one of our apartments you agree to abide by these terms and conditions. Defined terms used in this contract are:

Applicability of Terms

Before proceeding, please note that the terms of your booking, including payment, cancellation, and refund policies, may differ depending on how you booked:

• Directly with us (via phone, email, website, or in person), in which case these Terms and Conditions apply in full; or
• Through an Online Travel Agent (OTA) such as AirBnB, booking.com, Expedia, or similar platforms, in which case certain provisions, including payment, cancellation, and refund policies, are governed by the OTA’s own terms and conditions.

Where bookings are made through an OTA, we will comply with their processes, but we are not able to override or amend any OTA-specific policies.

1. Scope

1.1 Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between Gem Serviced Apartments and either the client or any guest. You agree that the purpose of the letting is for a holiday, and therefore that you will not be entitled to any rights under any statutory provision including, without prejudice to the foregoing generality, the Rent Act 1977, any assured tenancy or assured shorthold tenancy under the Housing Act 1988, or any tenancy arising under or in terms of, or regulated by the Housing (Scotland) Act 1988, Housing (Scotland) Act 2006, Housing (Scotland) Act 2014, Private Housing (Tenancies) (Scotland) Act 2016, including in each case any amendment or re-enactment of any such statute for the time being in force.

1.2 Our rates are subject to change without notice, unless otherwise agreed by us in writing.

1.3 VAT is charged as appropriate.

2. Agreement for Occupation

2.1 We permit you to occupy the property as a holiday letting for the agreed hire period only and subject to these Terms and Conditions of Hire, such occupation being by you personally and only such guests named in the booking, and to use the Inclusive Services. The actions and omissions of any visitor to the apartment are your responsibility. See also your obligations under condition 12 below.

2.2 You must be 21 years or over when you book your accommodation.  Minors must be accompanied by a responsible adult for the duration of your stay.

2.3 We reserve the right to refuse to accept any booking for whatever reason. We accept your booking when we issue our Booking Confirmation email.

2.4 You may arrive at your accommodation from 5pm (unless otherwise agreed) on the start day of your booking and, unless otherwise agreed, you must leave by 10am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival, we may treat the booking as being cancelled by you.

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

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

2.7 For all direct bookings, valid photographic identification (such as a passport, driving licence, or national ID card) is required prior to check-in. Identification must match the name on the booking confirmation or in the case of 3rd party booking, the name of the lead guest.  Failure to provide satisfactory identification may result in refusal of entry and the booking being treated as cancelled by the client without refund.

2.8 Where a booking is made on behalf of another person or organisation, the company, agent, or individual making the booking (“the client”) accepts full responsibility for ensuring that all guests comply with these Terms and Conditions. The lead guest who will occupy the apartment must complete identity verification through our secure Stripe ID verification process prior to check-in. Failure to complete verification may result in refusal of entry and the booking being treated as cancelled by the client without refund. The client remains responsible for all payments, damages, and any Additional Charges arising from the stay.

3. Paying for your Accommodation

3.1 The following terms apply to payment:

3.1.1 Direct Bookings

For bookings made directly with us (by phone, email, website or otherwise), a deposit of 30% must be paid at the time of booking and you hereby authorise us to take payment from your credit or debit card that you booked with. The remaining 70% must be received by us in cleared funds at least 14 days before your arrival date. We draw your attention to clause 5.2 below concerning pre-authorisations which apply as from your booking. All prices advised to you are inclusive of booking fees and charges unless stated otherwise.

3.1.2 Bookings via Online Travel Agents (OTAs)

For bookings made through third-party online travel agents (e.g., Airbnb, Booking.com, Expedia), payment will be taken in accordance with the relevant OTA’s terms and conditions. In these cases, you enter into a separate payment agreement with the OTA, and we will receive your booking funds via them. Please note that their payment collection schedules and cancellation/refund rules may differ from our direct booking policy.

3.1.3 Non-Payment (Direct Bookings only)

Should payment of the full amount not reach us at least 14 days before your arrival date (in the case of direct bookings), we reserve the right to cancel any bookings made and any deposit paid will be forfeited.

3.1.4 Late Payment

If you fail to pay any sum that is due under this agreement when due, then you will pay us, on demand, interest on the unpaid sum in accordance with (if you are a business) the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) or (if you are a consumer) 4% above the Royal Bank of Scotland’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until we receive payment in full cleared funds, whether before or after any judgement. This clause does not apply where payment is collected by an OTA.

3.1.5–3.1.9 Other Conditions

The following apply to all guests, regardless of booking channel:

• 3.1.5 UK legislation provides that smoking is not permitted in serviced apartments.
• 3.1.6 Where there is evidence of guests smoking within the apartment, we reserve the right to charge £100 for specialist cleaning, as an Additional Charge.
• 3.1.7 Anyone found using or under the influence of illegal drugs or substances classified under the Misuse of Drugs Act (1971) will be reported to the police and asked to leave the premises. Any evidence or suspicion of drug use on our premises will also be reported immediately to the police.
• 3.1.8 No daily housekeeping service is provided – While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it may be available for an Additional Charge. We do not permit towels or linens to be taken from the property.
• 3.1.9 Falsified Bookings – Any booking obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.

4. Loss and Damage; Security Deposit

4.1 Please ensure that you inspect the Apartment upon check-in. Unless we receive notification otherwise within 6 hours of check-in (5pm check-in unless otherwise agreed) we will be entitled to assume that you have fully accepted that the condition of the Apartment is in good repair, condition and in a clean and tidy state and you will waive any right to claim otherwise.

4.2 Risk of damage to the Apartment and its contents will pass to you on check-in and remain with you until the Apartment is returned to us. You shall be liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.

4.3 A security deposit to cover your obligations under this Agreement may be taken at or prior to check-in. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking.  Any security deposit paid will be returned to you in full (or any payment authorisation cancelled) upon the Apartment being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 4.2, we may withhold some or all of your deposit to cover the same and our administration fees associated with repairing or dealing with the loss or damage. These will be Additional Charges.

5. Additional Charges

5.1 Additional Charges which may be payable include those items specified in the Booking and any specified in these terms and conditions.

5.2 Where Additional Charges are payable, you hereby authorise us to take them from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking, you must pay Additional Charges by another means acceptable to us. All Additional Charges are due by the check-out date, unless the context otherwise requires.

5.3 If you fail to pay any Additional Charge within 14 days of the date of our invoice requiring payment of the same, you will incur an administration fee of £50 to cover the costs of sending you our debt collection letter, which will follow.

6. Cancellation / Alteration of your Booking by us

6.1 Whilst every effort is made to ensure your booking runs smoothly, we reserve the right to alter or cancel your booking in unavoidable circumstances.

6.2 Direct Bookings

If you booked directly with us and we need to cancel your booking, we will notify you as soon as possible and:

• 6.2.1 Offer you alternative accommodation of a similar type and standard, subject to availability; or
• 6.2.2 Provide you with a full refund of all monies you have paid to us in respect of the booking.

Our liability will not extend beyond the refund of monies you have paid directly to us.

6.3 Bookings via Online Travel Agents (OTAs)

If you booked through an online travel agent (e.g., Airbnb, Booking.com, Expedia), any cancellation or alteration will be handled in accordance with that OTA’s terms and processes. Refunds (if applicable) will be processed by the OTA in line with their policies. We are not able to issue refunds directly for bookings made via OTAs.

6.4 We shall not be liable for any additional expenses, losses or damages incurred by you as a result of a cancellation or alteration, including but not limited to travel costs, relocation expenses, loss of enjoyment or loss of opportunity.

7. Cancellation / Alteration of your Booking by you

7.1 We will use our reasonable endeavours to accommodate your requests for alterations of your booking, subject to availability of accommodation.

7.2 Direct Bookings

If you booked directly with us and wish to cancel the whole or any part of your booking, you must notify us in writing (see our contact details below). The following charges apply:

• 7.2.1 If notice is received at least 14 days in advance of your date of arrival, a fee of 30% of your booking total will be charged. It is your responsibility to ensure that we receive your notice of cancellation.
• 7.2.2 If cancelled within 14 days of your arrival date, or in the case of a no-show, the total price of the reservation will be charged.
• 7.2.3 No refunds will be made for non-arrivals.

7.3 Bookings via Online Travel Agents (OTAs)

If you booked through an online travel agent (e.g., Airbnb, Booking.com), your cancellation and refund rights are governed by the terms and conditions of that OTA. In such cases, you must cancel or amend your booking directly with the OTA in accordance with their policies. We are not able to override or amend their cancellation or refund procedures.

8. Our liability for Death, Personal Injury, Loss of Property, Lack of Services, etc.

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

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

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

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

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

8.6 Save where there is a total failure to provide useful accommodation as reasonably expected under this agreement, we cannot be held responsible for any failure or interruption to services to the apartment, for example, gas, water and electricity, or for any damage, disturbance or noise caused as a result of maintenance work being carried out in any part of the building.

8.7 We shall have no liability for any loss which was not foreseeable at the time we entered this Agreement or losses not caused by our breach of this Agreement, and, if you are entering this Agreement in the course of a business, we shall have no liability for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, or any special, indirect or consequential loss (whether arising through breach of contract, tort including (without limitation) negligence, or breach of statutory duty. In any case our total liability to you is limited to the total cost of your reservation.

8.8 All descriptions and photographs of the Apartment are for illustration only and we do not warrant that they are accurate or complete, although we do use all reasonable endeavours to ensure that they are.

8.9 We do not exclude liability for fraud, and your legal rights are not affected by any term in this Agreement.

9. Keys

9.1 Unless otherwise agreed, the owners will issue to the client or guest one set of keys to the property. If at any time the client or guest loses the keys, they must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge the client or guest.

9.2 If the guest locks him or herself out of the property and requires the owners’ assistance to re-enter the property, we reserve the right to charge an administration fee, as an Additional Charge.

9.3 We will retain keys to the property and will access the property to provide the services set out in this agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage has been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.

9.4 On check-out, the accommodation must be locked and keys must be returned to the point of initial collection.  Failure to return keys to the initial point of collection will incur an Additional Charge.  Loss of keys will incur an Additional Charge.

10. Wireless Broadband Internet and Hardware

Wireless Broadband Internet is usually available at our apartments; however, we will not be liable for loss of this service due to connection, environmental or human error and no support service is available. For this reason, wireless broadband internet is not a contractual provision. We do not assume any responsibility for any damage to your computer or the data contained on it, nor the security of any data transferred over the internet. Guests are responsible for the protection of their computers from loss of data, unauthorised access or viruses. Any illegal internet activity, e.g. peer-to-peer file sharing of copyrighted content or similar, will result in internet access being closed down for the duration of your stay.

11. Maintenance Call-Outs

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

12. Client’s Obligations

12.1 The client will guarantee the following:-

12.1.1 Guests will not keep any animals, insects, birds or reptiles in the property, without our permission (given in accordance with Condition 3.1.10).

12.1.2 When guests with small children occupy the property, the guest undertakes to provide all suitable childproofing safety equipment.

12.1.3 Guests will not do or permit any act reasonably likely to make any insurance policy on the property void or voidable or increase the premium.

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

12.1.5 At the end of this agreement the property must be cleared of the guest’s effects and left in good repair and clean condition. The client will pay for the repair or replacement of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save for reasonable wear and tear.

12.1.6 Guests will use the property for private residential purposes only and not for any business use.

12.1.7 Guests will not make any alterations to the property, or attempt to make any repairs.

12.1.8 Guests will allow us or our authorised representatives permission at all reasonable times to enter the Apartment to inspect its conditions.

12.1.9 The client will not assign, underlet, sub-license, charge or part with possession of whole or any part of the property, take in lodgers or share occupation of the property with any person in any way.

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

12.1.11 Guests will not hang on the outside of the property any flower pot or similar object or any clothes or other articles.

12.1.12 Guests will not block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow, and will immediately report any such blockage etc. to us (see 13.1.16)

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

12.1.14 Guests will take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated. Extractor fans located in the bathrooms and en-suites must be switched on while showering to prevent damage to the property.

12.1.15 Guests will not change any lock to the property or have any duplicate keys made.

12.1.16 Guests will notify us as soon as is practicably possible of (a) any plumbing, electrical or general problem or (b) any damage to the property or its contents, and shall desist from attempting to remedy such problem on their own.

12.1.17 Guests will notify us of any damage to the property or its contents as soon as is practicably possible.

12.1.18 Guests will maintain properly insured, to their full replacement value, all of their personal property which is kept either at the property or on the guest’s person.

12.1.19 Guests will use all equipment provided at the property strictly in accordance with its operating instructions and not for any purpose other than its intended use.

12.1.20 Guests will not leave or store any valuable personal possessions anywhere in the property where they can be easily viewed by third parties.

12.1.21 Guests will not play ball games inside or within the grounds of the apartment.

12.1.22 The number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in your booking of the relevant property.

12.1.23 Guests will use any cleaning products, liquids, tablets etc. strictly in accordance with their usage instructions and ensure that such products are kept out of reach of children. We accept no liability for misuse of products supplied.

12.1.24 Guests will not install any portable cooking appliances, camping stoves or similar items in the apartment.

12.1.25 Guests will not behave in an abusive or threatening manner toward our staff.

12.2 You indemnify us and will keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by us (except any incurred as a result of our default) in connection with this Agreement or in connection with any use or misuse of the Apartment, except for personal injury or death caused by our act or omission.

13. Termination of this Agreement

13.1 This agreement may be ended by us with immediate effect if:-

13.1.1 the accommodation fee is not paid on the payment day, or if you are in breach of any of the terms or conditions set out in this document; or

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

13.2 We may also terminate this agreement at any time and for any reason on giving the client reasonable written notice.

13.3 The client will, at the end of the accommodation period, return to us all keys to the property and give us vacant possession of the property.

14. Health and Safety

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

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

15. Electric Vehicle (EV) Charging

Guests are not permitted to charge electric vehicles at any of our properties under any circumstances. This includes, but is not limited to, the use of domestic power outlets, extension leads, or adaptors. EV charging poses significant fire and safety risks in residential and serviced accommodation settings. Guests found to be in breach of this rule may be asked to leave immediately, and any costs incurred as a result of such unauthorised activity (including but not limited to damage, fire service callouts, or additional electrical safety checks) will be charged as an Additional Charge.

16. Data Protection

We are required to gather certain personal data about clients and guests for the purposes of satisfying operational and legal obligations under this Agreement. This personal data will be subject to the appropriate legal safeguards as specified in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

We process your data primarily under the lawful bases of performance of a contract (to manage your hire) and legal obligation. We do not pass information on to third parties save strictly for the purpose of fulfilling this Agreement (e.g., payment processing or insurance verification).

For comprehensive information about how we collect, use, store, and protect your personal data, including details on third parties, cookie usage, and your data rights please refer to our full Privacy Policy available at https://gemservicedapartments.com/privacy-policy/

17. Complaints

17.1 All complaints should be notified to us as soon as possible.  We will do our best to resolve them in a timely manner.

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

17.3 You can also complain to the booking agent you used for your accommodation reservation.

18. Law

If the Property is in England or Wales, the agreement between us and all matters arising therefrom are subject to the law of England and Wales and, in the event of a dispute, you will be subject to the exclusive jurisdiction of the courts of England and Wales. If the Property is in Scotland, the agreement between us and all matters arising therefrom are subject to the law of Scotland and, in the event of a dispute, you will be subject to the exclusive jurisdiction of the courts of Scotland.

19. Severance

If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out. The rest of the agreement shall remain enforceable.

20. Interpretation

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

“Additional Charge” means a charge or fee that is additional to the hire and includes those specified as an ‘Additional Charge’ in these terms and conditions or in the Booking, and also any other reasonable charge or fee incurred by you under these terms and conditions.

“us” or “we” refers to Gem Serviced Apartments, a trading name of Landlord & Property Solutions Ltd.

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

“Guest” is any person authorised by us to reside at the property, They could also be the client.

“Apartment or property” is accommodation managed by Gem Serviced Apartments.

“Booking” means an offer from you to us to hire one of our apartments on the terms of this agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process.

“Furniture and appliances” mean such furniture and appliances usually found within the apartment and any other items which we agree to provide.

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

The term “Serviced Apartment” means the following:  A fully furnished and equipped apartment, accessed by corridors, stairwells and any common part of the building, inclusive of gas, electricity, water, drainage and sewerage, Council Tax or business rates, a once per week cleaning and linen service.