Terms and Conditions of Hire
- 1.1 Your stay with Dwellcome Home is not intended to confer exclusive possession on either the Client or Guest nor to create the relationship of landlord and tenant between Dwellcome Home and either the Client or the Guest. Neither the Client or the Guest will be entitled to any tenancy, or any assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 for England / Housing (Scotland) Act 1988 for Scottish properties, or to any other statutory security of tenure now or upon the determination of this Agreement.
- 1.2 Rates are set for the agreed period of accommodation on each invoice.
2. Agreement for Occupation
- 2.1. Dwellcome Home permit the Client to occupy the property, such occupation, unless agreed otherwise with Dwellcome Home being by the Guest personally only and to use Dwellcome Homes’ furniture and effects for the accommodation period. Only the persons booked/paid for are allowed into the property unless requested in advance by the guest and approved in advance by Dwellcome Home.
- 2.2. You must be 25 years or over when you book your accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
- 2.3. You may arrive at your accommodation after 4pm 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 midday on the day after the start date and do not advise us of a late arrival we may treat the booking as being cancelled by you. Latest time for check in is 9pm.
- 2.4. You must agree to adhere to our utility fair use policy (room stat temperature not exceeding 18 degrees, fair water use, no car charging unless agreed in advance, etc) and waste management policy (correctly segregating waste into general and recyclable and using correct wheelie bins). If you fail to do this we will take £25 per day from your despot/credit card to cover additional costs incurred by us.
- 2.5. If you want to increase your length of stay then 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. The accommodation of children under the age of 12 must be agreed by prior arrangement.
- 2.7. If the number of people in the property exceeds the number of persons booked for or any other T&Cs are breached we reserve the right to cancel the booking immediately, remove occupants and recover any costs incurred (including but not limited to excessive energy use, waste management, extra cleaning required, damage, lost business for time need to rectify issues caused during booking, etc). We reserve the right to refuse to accept any booking for whatever reason.
- 2.8. Prior to the booking commencing Dwellcome Home requires a contact name and mobile number of lead person who will be in the property booked, who we can contact for emergency preparedness purposes, etc and this person must lease with us at any times we deem necessary.
3. Fire Management, Health and Safety
- In line with learnings since 2017 when we started operating serviced accommodation, key guest related findings from our fire and other risk assessments which are available in each property: Client/Guests must ensure, ideally prior, to but definitely that on arrival at the property the lead guest runs through the contents of the house manual folder with all guests staying at the property, specifically guests duties which are outlined below, the fire action plan, house instructions, etc to ensure your stay will be as safe as possible.:
- 3.1. not smoke/use candles or start any fires (ornamental elecrtic fires, open fires, log burners are locked off and strictly not for guests use), not leave anything being cooked unattended.
- 3.2 not misuse drugs or alcohol.
- 3.3 inform us if any guests have any disabilities or mobility issues which may affect their ability to escape in event of a fire.
- 3.4 keep our properties in the same standard of housekeeping as they find when they arrive,
- 3.5 keep the property uncluttered (not block any walkway/hallway/stairs/doorways).
- 3.6 ensure no build up of rubbish or any other flammable/combustible materials. And ensuring linen and towels, are kept clear of ignition and/or heat sources.
- 3.7 undertake a simple check and look at electrical equipment (e.g. iron, hairdryer, kettle toaster, etc) before using it, e.g. looking at supply cable, checking for loose cables, bare wires, signs of fire damage etc.
- 3.8 not disable any safety/fire control item (e.g. smoke alarm or hold/wedge open self closing doors). Dont interfere with or adjust any boiler settings.
- 3.8 keep internal doors shut especially at night to reduce the spread of fire in event of a fire.
- 3.9 familiarise themselves with the escape routes and fire exits on check in (these are just the normal day to day access routes and front door is main fire escape).
- 3.10 follow our fire action plan (on discovering fire, do NOT attempt to fight the fire, alert others in property by shouting fire, leaving by the nearest exit, then calling 999 and myself).
- 3.11 keep the property free of hazardous objects at all times, not introduce any dangerous substance, and not to leave it in a condition that would make it unsafe for our cleaners, maintenance persons, guests or themselves to use.
- 3.12 We want your stay to be as comfortable as possible. A copy of our Health and Safety Information is enclosed in the Information Pack in each property. Failure to comply with these may be considered as a breach of contract and the Guest being asked to leave.
- By agreeing to these terms and conditions you agree to abide by the terms of this Policy.
3. Paying for your Accommodation
3.1. The Client will pay Dwellcome Home: –
- 3.1.1. Cleared funds must be received 28 days before your arrival date then the total cost of the accommodation will become payable immediately in full. All prices advised to you are inclusive of booking fees and charges, but excluding telephone calls made (it is not policy to provide telephones so this needs to be agreed by Dwellcome Home in advance and will be invoiced separately if any calls are made).
- 3.1.2. Should payment not reach us within the required time We reserve the right to cancel any bookings made and any deposit paid will be forfeit.
- 3.1.3. Any charges notified to the Client for telephone calls made at the property during the accommodation period. These charges will become payable on departure and an itemised invoice will be provided.
- 3.1.4. If the Client fails to pay Dwellcome Home any sums that are payable under this agreement when due, the Client will pay Dwellcome Home, on demand, interest on the unpaid sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date payment is due until Dwellcome Home receives payment in full cleared funds both before and after any judgement.
- 3.1.5. A deposit covering breakages and damages may be required at the time of booking, paid by bank transfer. The deposit will be refunded within 7 days of the end of your stay, following our inspection of the property used by you and the settlement of all charges owing to Us. If a deposit is not charged, valid credit/debit card details to cover any additional charges during either your current or any future stays with Us must be supplied by the time of booking and we reserve the right to deduct from that card, without further notice, all amounts chargeable under this agreement. Within one week of such deduction. We will provide the booker by email a breakdown of the issues and costs of rectifying them. In the event that payment is declined, for any reason, or no card details are provided, We reserve the right to charge the company or individual who made the booking at the address provided. You must pay this invoice within 7 days of issue.
- 3.1.6. We have a “leave it as you found it policy” and therefore expect the property to be left in a reasonable level of tidiness and good state of cleanliness on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
- 3.1.7. From the 1st July 2007 the UK/Scottish legislation provides that smoking is not permitted in serviced accommodation. Smokers must vacate the building should they wish to smoke.
- 3.1.8. Where there is evidence of guests smoking within the property, we reserve the right to charge £200 for specialist cleaning.
- 3.1.9. We may allow pets to stay on request and with prior agreement. If allowed, pets are not allowed on furniture, in bedrooms, are clean/dry when entering the property, and are not allowed to foul on our premises including gardens. If pets are likely to cause excessive noise when in the property we are unable to accommodate them. If any issues are encountered due to pets, or complaints from neighbours due to noise, etc which are not resolved to our satisfaction, we reserve the right to cancel the booking.
4. Cancellation or Changes to your booking by us
- 4.1. If for any reason beyond Dwellcome Home’s control such as (but not limited to) fire, flood, power failure we have to cancel or make a change to your accommodation we will use all reasonable efforts to contact you as soon as possible to explain what has happened and to inform you of the cancellation or the change. If possible we will offer alternatives but should these alternatives be unacceptable to you the booking will be treated as cancelled and we will refund any money you have paid to us within 7 days of any cancellation.
- 4.2. We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure). In these Conditions “force majeure” means any event or consequences thereof which could not have been reasonably avoided, by us even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disaster, fire, adverse weather conditions and all similar events outside our control.
- 4.3. If you wish to alter your booking, We will use our best efforts to accommodate your requirements, however, you will be obliged to pay any additional expenses incurred as a result of alteration. In addition, We may charge, at our discretion, an amendment fee of £50 to cover the necessary administrative costs incurred.
- 4.4. No refunds will be made for non-arrivals.
5. Death, Personal Injury or Loss of Property
- 5.1. 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.
- 5.2. 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 is a serious fire risk. Please ensure that all heated appliances are switched off before leaving the property.
Guests found to be in breach of this rule may be asked to leave with immediate effect.
- 5.3. 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.
- 5.4. Cars and their contents are left at owners risk. Please ensure that cars are locked and possessions are left out of sight.
- 5.5. Lost property will be kept for 1 month after departure or forwarded at the guest’s expense.
- 6.1. Unless otherwise agreed, Dwellcome Home will issue to the Client or Guest one sets 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 replace them at a cost to the Client or Guest of £100.00 per set of keys.
- 6.2. If, the Guest locks him or herself out of the Property and requires Dwellcome Home assistance to re-enter the Property, Dwellcome Home reserves the right to charge a £200.00 administration fee to cover locksmith call out charges (which if not paid to Dwellcome Homes’ representative on demand may be invoiced to the Client).
- 6.3. Dwellcome Home will retain keys to the Property and will access the Property to provide the services set out in the 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 any emergency. We will make reasonable efforts to contact you before entering the property.
- 7.1. We cannot be held responsible for any failure or interruption to services to the property, for example, 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. Wireless Internet and Hardwire
- Wireless Internet will be made available at the property, however, the management will not be liable for loss of this service due to connection, environmental or human error and no support service is available. Neither Dwellcome Home or its employees 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.
9. 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.
10. Client’s Obligations
- 10.1. The Client will guarantee that any guest will comply with the below requirements:
- 10.1.1. Fair Energy Use Policy: Ensure energy use is not excessive, ensure room thermostat is not set to exceed 18 – 21 Degrees Celsius which is deemed to be a comfortable recommended temperature by UK health authorities https://www.nhs.uk/live-well/seasonal-health/keep-warm-keep-well/
- 10.1.2. Waste Management Policy: Separate waste materials into recyling and general waste and place paper, cardboard, bottles, can and plastics (no plastic bags please) into the recycling wheelie bins and general waste into the general waste wheelie bin. Put the recyling bins out onto the street/lane on bin collection days if these fall within the time of your stay.
- 10.1.3. Report damage of any kind to Dwellcome Home as soon as it is done.
- 10.1.4. Not keep any animals, insects, birds or reptiles in the Property unless approved otherwise in advance in writing by Dwellcome Home.
- 10.1.5. When Guests with small children occupy the Property, the Guest undertakes to provide all suitable childproofing safety equipment.
- 10.1.6. Not to do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium.
- 10.1.7. Not to do anything that may cause a nuisance or annoyance to Dwellcome Home or to any other occupier or guest of adjoining properties or do anything at the Property that is illegal or immoral. Please be considerate of other guests & our neighbours by keeping noise to a minimum. Please keep music volume to a level where it can only be heard in the property occupied. We insist on absolute quiet after 11pm. It is also clients responsibility to ensure correct disposal of recyling/waste from the property as per the house manual, i.e dispose waste into the correct wheelie bins (ie to segregate recyling materials and place in the recycling bin) and put the wheelie bins out before collection day and bring back in once empty. We reserve the right to ask you to leave if this is not adhered to and your booking costs will be forfeited and if this is done at the end of a stay reserve the right to take any waste disposal costs incurred out of the refundable deposit.
- 10.1.8. Not move or rearrange any items of furniture with our prior agreement from Dwellcome Home.
- 10.1.9. Ensure that throughout the duration of this Agreement the Property is kept in in good repair and clean condition. At the end of this agreement the property must be cleared of the guest’s effects. If any items of the fixtures, furniture, furnishings and other effects are be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance this must be rectified at the expense of the Client.
- 10.1.10. Not make any alterations to the Property.
- 10.1.11. Indemnify and keep Dwellcome Home fully and effectively indemnified against all losses, claims, demands, actions, proceedings, damages, costs of expenses or other liability or right arising in any way from this Agreement.
- 10.1.12. Not assign, underlet, sub-licence, 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.
- 10.1.13. Not sell, loan, charge or otherwise dispose of or part with possession of any of the contents located at the property including without limitation Dwellcome Homes’ furniture and effects.
- 10.1.14. Not leave the entrance door or windows to the Property open but to ensure that all door and window locks are properly engaged at all times. All windows must be closed when not in the property or during bad weather.
- 10.1.15. To take all reasonable precautions to prevent condensation by keeping the Property adequately ventilated and heated. Extractor fans located in the kitchen, bathrooms and en-suites must be switched on at all times until any signs of condensation disappears to prevent damage to the property.
- 10.1.16. Not change any lock to the Property or have any duplicate keys made.
- 10.1.17. To report any plumbing, electrical or general problem to Dwellcome Home as soon as is practicably possible and to desist from attempting to remedy such problem on their own.
- 10.1.18. To maintain properly insured to their full replacement value all of the Client’s and/or guest’s personal property which is kept either at the Property or on the guest’s person.
- 10.1.19. To use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
- 10.1.20. Not to leave or store any valuable personal possessions anywhere in the Property where they can be easily viewed by third parties.
- 10.1.21. To ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants as set out in notifications in or around the Property.
- 10.1.22. To use any cleaning products, liquids, tablets strictly in accordance with their usage instructions and to ensure that such products are kept out of reach of children. Dwellcome Home accept no liability for mis-use of products supplied.
- 10.1.23. Not to install any additional heating appliances, portable cooking appliances, camping stoves or similar items in the property.
11. Termination of this Agreement
11.1. This Agreement may be ended by Dwellcome Home without notice: –
- 11.1.1. If the Accommodation Fee is not paid on the Payment Day or if the Client is in breach of any of the Conditions and/or
- 11.1.2. If the Client becomes bankrupt, has an administration order made against him or her or has a judgment enforced or entered against him or her.
- 11.2. Dwellcome Home may also terminate this Agreement at any time on giving the Client written notice.
- 11.3. The Client will at the end of the Accommodation period return to Dwellcome Home all keys to the Property and give Dwellcome Home vacant possession of the Property.
12. If you cancel your Booking
- 12.1. Any cancellation must be notified to us in writing. The day we receive your written notification of cancellation is the date on which your booking is cancelled. A cancellation charge will be payable, based on the number of days before the booking start date that we received your cancellation, as shown below: –
Number of Days Before Start Of Booking 8 – 28: Amount Payable 50% 28 or more: Amount Payable 100%
- 12.2. Dwellcome Home may, as its own discretion, waive its rights to cancellation fees.
14. Data Protection Policy
- Dwellcome Home are required to gather certain personal data about Clients for the purposes of satisfying operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998.
- Dwellcome Home fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.
- 15.1. All complaints should be notified as soon as possible to our representatives at our business office as they will usually be able to resolve any problems.
- 15.2. If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our business address and we will use all reasonable efforts to resolve the matter as quickly as possible.
- These Conditions and terms of contract and all matters arising therefrom are subject to the law of Scotland for Scottish properties and to the law of England for English properties and in the event of dispute, you will be subject to the exclusive jurisdiction of the courts of Scotland for Scottish properties and to the law of England for English properties.
17. Employers & Public liability
- We hold the above insurances for Dwellcome Home Serviced Accommodation. The certificates can be made available should you wish to see them.
18. Your Rights
Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.
The Serviced Accommodation are operated by Dwellcome Home, 18 Viewfield Gardens, Aberdeen, AB157XN
Telephone: +44 (0) 7930 521 367