Terms and Conditions
Koru Property Limited
Booking Terms and Conditions
By booking accommodation through Koru Property Limited, you are agreeing to the following terms and conditions.
Definitions
Koru Property Limited is a Limited Company registered in England and Wales number 14872396 of 1st Floor, 3&4 Cranmere Court, Lustleigh Close, Matford Business Park, Exeter, Devon, UK, EX2 8PW
This agreement is between Koru Property Limited (the supplier/ rental agent) and the Guest.
The online travel agency refers to the agency the accommodation was booked through e.g Booking.com, Airbnb.
The Booking Your booking is with the supplier (Koru Property Limited.) Online travel agencies act as an agent for the Supplier in facilitating a booking, your contract for the booking will be between you and the Supplier in accordance with these terms.
These terms apply to bookings made via the Koru Property Limited website, via the online travel agencies, by email or telephone or in person with Koru Property Limited.
Your booking is confirmed and a legal contract concluded once your payment has been successfully made.
No booking is made or contract concluded when payment is declined or unauthorised. This agreement is a legally binding agreement made and entered into between the Guest and the Supplier (Koru Property Limited.)
The relevant online travel agency will facilitate payment of your booking but you do not pay any fee or charge to Koru Property Limited for its services. The online travel agency will charge to the Supplier a fee in respect of each booking which is payable by the Supplier.
You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
Bookings can be for any length from one night up to 6 months.
Bookings may be made at any time up to 6pm on the first night of your stay.
Bookings may only be made by a person aged 21 or above and there must be at least one person aged 21 or above staying in the accommodation.
Guests agree that no more than the agreed persons shall be permitted on the property during the rental term. All occupants shall comply with the conditions and restrictions imposed under this agreement.
You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of the Supplier.
We reserve the right to refuse a booking for any reason deemed fit by the supplier.
If you do not advise us of anticipated late arrival and have not arrived by 10pm on the day of arrival, we may treat the booking as having been cancelled by the guest. If you are late to checkout, this could also incur additional charges (e.g nightly rate for additional days.)
Payment and Cancellations
All payments shall be made by Credit or Debit Card unless agreed otherwise Full payment is required upon booking unless expressly agreed otherwise by the Supplier.
The relevant online travel agency shall supply an invoice on behalf of the Supplier. The total price for your entire stay will be presented to you before you confirm your booking and make payment. Pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon the online travel agency or the Supplier any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.
The following cancellations provisions apply unless specified otherwise in the reservation information provided prior to booking.
If you cancel the booking within 7 days of the first day of your booking then the Supplier reserves the right to retain the full amount paid.
Any refund will be at the Supplier’s entire discretion unless it is able to book out the accommodation to other guests, in which case it shall make a refund to you of your booking cost, less any difference in price where the replacement booking was of a lesser value.
The Supplier reserves the right to cancel bookings within 7 days of the first day of the reservation where it is necessary due to reasons outside of the Supplier’s reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation, you will receive a full refund.
Should payment not reach us within the required time, we reserve the right to cancel any bookings made and any deposit paid will be forfeited.
A refundable security deposit is required to be made in case it is necessary to recover losses due to breakages, damages, loss of keys, and lack of adherence to our terms and conditions. These can be charged up to two weeks after Guests have checked out of the property.
Your stay
Check-in time and check-out time shall be detailed in the reservation information unless expressly agreed by the Supplier otherwise.
The Supplier may request an additional payment for early check-in or late check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.
Your booking is for serviced accommodation rather than a hotel or guest house service (unless expressly specified otherwise). The Supplier does not provide meals or newspapers. Included in your room/apartment will be linen and towels, shower gel and shampoo.
A cleaning service is provided and further information is available on request. Your accommodation will also include a supply of coffee, tea and sugar.
You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions.
In particular you and your guests must not:
• Smoke in the premises. All rooms and common spaces in our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises.
• Bring any pets into the premises, with the exception of assistance dogs or unless expressly agreed by the Supplier;
• Bring any potentially dangerous or hazardous materials or equipment onto the premises;
• Tamper with any fire alarms or emergency equipment;
• Remove, damage or destroy any Supplier property;
• Use the property for any business purposes whatsoever;
• Use any technology provided by the Supplier to download or access any unlawful or obscene material;
• Cause unreasonable disturbance to our other guests, neighbours or any member of the Supplier’s staff;
• Make excessive noise particularly after 11pm especially from music, TV's and other electronic devices;
• Fail to return your keys at the end of your stay as, in the interests of security, the Supplier may have to replace the corresponding locks.
The rental agent shall use its best efforts to ensure the operation of all amenities. A rental agent cannot be held responsible for the items failure to work but will make every effort to correct any issues reported as quickly as possible.
Guests shall use the property for residential purposes only and in a careful manner to prevent any damage or loss to the property, and keep the property in a clean and sanitary condition at all times.
Guests shall refrain from loud noise and shall not disturb, annoy, endanger or inconvenience neighbours.
If guests fail to comply with the conditions and obligations of the agreement, guests shall surrender the property and remove all guest’s belongings and leave the property in good order and free from damage.
No refund of any portion of the total rental fee shall be made and if legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
Damage, theft and costs
The Supplier or the online travel agent your booking was made through, reserves the right, on behalf of the Supplier, to charge to the credit/debit card used for payment or any other card used to provide security in respect of:
• The cost of replacing or repairing any property of the Supplier including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;
• The cost of replacing any items of property which are stolen from the accommodation during your stay.
• Any breach of the Supplier’s non-smoking policy. A standard charge of £150 will be charged to your card where the Supplier finds evidence of smoking within the accommodation to cover cleaning costs but the Supplier reserves the right to charge additional amounts to cover any damage caused by smoking. Such costs may be charged on check-out but the online travel agency reserves the right, on the behalf of the Supplier, to apply such charges to your card at a later date where necessary.
Where we or the online travel agency are unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt.
Koru Property Limited or the online travel agency will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.
Risk of loss and indemnification
Guests agree that all personal property, furnishings, personal effects and other items brought into the property by guests or their permitted guests shall be at the sole risk of guest in relation to theft, damage, destruction or other loss.
The supplier shall not be responsible or liable.
Guest hereby covenants and agrees to indemnify and hold harmless rental agent/supplier and their agents, owners, supplier, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to claims relating to the destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the property and Guest expressly agrees to save and hold rental agent/supplier harmless in all such cases.
Release
The Guest hereby waives and releases any claims against Rental Agent/ Supplier, the property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s initiative, risk and responsibility.
Entry and Inspection
Rental Agent/ Supplier reserves the right to enter the property booked at reasonable times and with reasonable advance notice to inspect the property or show the property to prospective purchasers, renters or other authorized persons. If the rental agent or supplier has a reasonable belief that there is imminent danger to any person or property, the supplier or rental agent may enter the property without advance notice.
Unavailability of the Property
In the event that the property is not available for use during the rental term due to reasons, events or circumstances out of the supplier’s control, the supplier will endeavour to locate a replacement property that equals or exceeds the occupancy capacity, location and value and meets the needs of the guest. If a replacement cannot be found and made available, the supplier shall immediately return all payments made by the Guest, where upon this agreement shall be terminated and the Guest and supplier/ rental agent shall have no further obligations or liabilities in any manner about this agreement.
Privacy, Data Protection and Credit/Debit Card Security
The online travel agencies process information about you that you provide when making a reservation in accordance with their privacy policy. By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
We use a secure third party service to process card payments (www.stripe.com/gb). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms. We do not make or store any copy of your card details in our own systems or elsewhere. You can read the privacy policy of the third party provider here: www.stripe.com/gb/privacy.
Enquiries
Koru Property Limited will seek to respond to or resolve any reasonable enquiry you may direct to it in relation to your booking, however shall not be liable for any delay in or failure to respond to or resolve an enquiry raised directly with the online travel agency itself. If in doubt you should contact the Supplier directly using the details provided in the booking confirmation.
Complaints
Koru Property Limited want to ensure that you have an enjoyable stay. If you have a problem during your stay, please get in touch as soon as possible. If the Supplier is unable to informally resolve any complaint you have at the time of your stay, then you may submit a formal complaint in accordance with this procedure.
Formal complaints should be submitted in writing to the Supplier by email. Please provide as much information as possible in order that the Supplier may properly investigate your complaint. Koru Property Limited aims to respond to formal complaints within 2 working days but if this will not be possible, Koru Property Limited will notify you of this and of when it expects to respond and set out the outcome to your complaint.
Email address: fiona@korustays.co.uk
Koru Property Limited reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.
Limitation of Liability
The Supplier shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:
i. Strike, lockout or other labour dispute affecting the employees of the Supplier;
ii. Acts of God;
iii. Natural disasters;
iv. Acts of war or terrorism;
v. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;
vi. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods.
The supplier is not liable for any loss or damage of your own personal belongings. Please take out your own personal insurance to cover this.
Severability
If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Entire Agreement
These terms and conditions constitute the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
Third party rights
The Supplier shall be entitled to enforce its rights under this Agreement against you or any person staying at or using the accommodation. Otherwise, nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.
Jurisdiction
This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.
