global $homey_local, $homey_prefix, $template; $homey_local = homey_get_localization(); $homey_prefix = 'homey_'; /** * @package Homey * @since Homey 1.0 */ ?> Terms and Conditions - Be More Homely

Terms and Conditions

By booking accommodation through Be. More Homely Ltd you are agreeing to the following terms and conditions:

1. Definitions

1. 2. Be. More Homely Ltd is a Limited Company registered in England and Wales 11927498.

1. 3. References to ‘you’ or ‘your’ means the person or organisation making the booking through Be. More Homely Ltd.

1. 4. Be. More Homely Ltd is the organisation supplying the accommodation.

2. The Booking

2. 2. These terms apply to bookings made via the Be. More Homely Ltd website, by email or telephone or in-person with Be. More Homely Ltd.

2. 3. Your booking is confirmed and a legal contract is concluded once your payment has been successfully made. No booking is made or contract concluded when payment is declined or unauthorised.

2. 4. 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 short-hold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.

2. 5. Bookings can be for any length from one night up to three months. Bookings may be made at any time up to 9.00 pm on the first night of your stay.

2. 6. Bookings may only be made by a person aged 18 or above and there must be at least one person aged 18 or above staying in the accommodation.

2. 7. You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of
Be. More Homely Ltd.

3. Payment and Cancellations

3. 1. Credit or debit card is required to make all payments. Be. More Homely Ltd does not charge booking fees or credit or debit card fees.

3. 2. Full payment is required upon booking unless expressly agreed otherwise by the Be. More Homely Ltd.

3. 3. 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 Be. More Homely Ltd 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.

3. 4. The following cancellations provisions apply unless specified otherwise in the reservation information provided prior to booking.

3. 5. Both Be. More Homely Ltd and you may cancel the booking at any time up to 15 days prior to the first day of your booking in which case a full refund will be made to you.

3. 6. If you cancel the booking within 15 days of the first day of your booking then Be. More Homely Ltd reserves the right to retain the full amount paid. Any refund will be at Be. More Homely Ltd 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.

3. 7. Be. More Homely Ltd 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 Be. More Homely Ltd 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.

4. Your stay 

THE PARTIES. This Short-Term Rental Agreement (“Agreement”) was made on April 1st, 2023 between the following:

THE PREMISES. The Host agrees to lease the described property below to the Guest, and the Guest agrees to rent from the Host:

Mailing Address: {{address}}

Hereinafter known as the “Premises.”

LEASE TERM. Set out in Rental Agreement.

QUIET HOURSSet out in Rental Agreement.

OCCUPANTS. The total number of individuals staying on the Premises during the Lease Term shall be a total of of the property guests.

If more than the authorised number of guests listed above are found on the Premises or more beds have been used, this Agreement will be subject to termination by the Host or extra charges based on the max occupancy that property can allow and an additional admin charge will be added of (£350).

BOOKING FEES. The Guest shall pay the Host the amount as detailed during the booking process.

UTILITIES. The Host shall be responsible for all utilities and services to the Premises EXCEPT for the following: None, heating being left on continuously after requests are made, our fair usage policy says that in the cold month, a temperature of 19 -21 degrees is more than acceptable for comfort to our guests leaving windows open, while the heating is on will not allow the heating to reach the desired target, it is advised to keep window closed when the heating is on. Any misuse of the heat – misuse is, heating left on continuously when the property is or otherwise empty all-day or above 21 degrees will result in the extra charge of (£125 per 5 days stayed in the property up to a max charge of £750).

SECURITY DEPOSIT. Terms explained in our in Rental Agreement.

PETS. The Host does not allow pets: There are no pets allowed on the Premises. If the Guest is found to have pets on the Premises, this Agreement and any Security Deposit shall be forfeited.

SMOKING POLICY. Smoking on the Premises is prohibited. A penalty charge of (£150)

PERSON OF CONTACT. The Host can be contacted at:

SUBLETTING. The guest does not have the right to sublet the Premises

INSPECTION. The Host has the right to inspect the Premises with prior notice in accordance with law. Should the Guest violate any of the terms of this Agreement, the rental period shall be terminated immediately in accordance with law. The Guest waives all rights to process if they fail to vacate the premises upon termination of the rental period. The Guest shall vacate the Premises at the expiration time and date of this agreement.

MAINTENANCE AND REPAIRS. The Guest shall maintain the Premises in a good, clean, and ready-to-rent condition and use the Premises only in a careful and lawful manner. The Guest shall leave the Premises in a ready-to-rent condition at the expiration of this Agreement, defined by the Host as being immediately habitable by the next Guest. The Guest shall pay for maintenance and repairs should the Premises be left in a lesser condition. The Guest agrees that the Host shall deduct the costs of said services from any Security Deposit prior to a refund if the Guest causes damage to the Premises or its furnishings.

TRASH. The Guests shall dispose of all waste material generated during the Lease Term under the strict instruction and direction of the Host. Every Friday (Collection AM) The bins are in the correct location (End of the drive) to be collected, please ensure that the lids of the bins are closed with the waste product in and not spilling out some collection services will not collect if the bin lids aren’t in a closed position. Any waste left by guests in the house or stop bins from usual collection guests will be charged for a private service to collect.

Grey Wheelie Bin

Household Waste

Collected on a XXXXXX every week.

 Set out in Rental Agreement.

Mixed Recycling

Collected on a Wednesday every other week.

Your last collection was on

Household rubbish should be deposited in the bin with a grey lid and recycling should be deposited in the bin with a blue lid.

What you can put in your recycling bin

In the removable plastic pod

  • Cardboard
  • Paper

If you have too much cardboard and paper to fit in the pod, please place it in a neat pile next to your wheelie bin. You can put it in a cardboard box to keep it tidy.

Please fold or break up any large boxes so that our crews can fit them in the small recycling section of their lorries.

In the main part of the bin

Plastic

  • Household and toiletry bottles — please take the lids off and put them in separately
  • Drink bottles, like milk bottles, pop bottles, and so on — please take the lids off and put them in separately
  • Pots, tubs and trays, including yoghurt pots and meat trays (no black trays)
  • Lids

Metal

  • Metal lids
  • Aerosols
  • Clean foil and foil trays
  • Food and drink cans
  • Glass
  • Clear and different coloured glass bottles and jars — please take the lid, bottle top or screw cap off and put them in separately

If we have given you a recycling box

You will have two boxes.

Blue box

  • For paper

Green box

  • For plastic, metal and glass

What you cannot put in your recycling bin

What you cannot put in your pod:

  • milk, juice and tetra pack cartons
  • padded envelopes
  • soiled paper or card
  • pizza boxes that have food or grease on

What you cannot put in your recycling bin:

  • food waste
  • paint or other non-food tins
  • drinking glasses
  • pyrex or ceramics
  • black food trays
  • carrier bags and black sacks
  • hard plastics
  • light bulbs and mirrors
  • plastic film or wrappers
  • polystyrene
  • batteries
  • corks
  • metal, such as coat hangers

Anything you’re unsure of what goes in bins date for the collection use this link provided or call your host to avoid any additional charges. https://www.birmingham.gov.uk/xfp/form/619 

QUIET ENJOYMENT. The Guest, along with neighbours, shall enjoy each other’s company in a quiet and respectful manner to each other’s enjoyment. The Guest is expected to behave in a civilised manner and shall be good neighbours with any residents of the immediate area. Creating a disturbance of the area by large gatherings or parties shall be grounds for immediate termination of this Agreement.

HOST’S LIABILITY. The Guest and any of their guests hereby indemnify and hold harmless the Host against any and all claims of personal injury or property damage or loss arising from the use of the Premises regardless of the nature of the accident, injury, or loss. The Guest expressly recognises that any insurance for property damage or loss that the Host may maintain on the property does not cover the personal property of the Guest and that the Guest should purchase their own insurance for their guests if such coverage is desired.

ATTORNEY’S FEES. The Guest agrees to pay all reasonable costs, attorney’s fees, and expenses that shall be made or incurred by the Host enforcing this agreement.

USE OF PREMISES. The Guest shall use the Premises for residential use only. The Guest is not authorised to sell products or services on the Premises or conduct any commercial activity.

ILLEGAL ACTIVITY. The Guest shall use the Premises for legal purposes only. Any other such use that includes but is not limited to illicit drug use, verbal or physical abuse of any person, or illegal sexual behaviour shall cause immediate termination of this Agreement with no refund of pre-paid Rent.

POSSESSIONS. Any personal items or possessions that are left on the Premises are not the responsibility of the Host. The Host shall make every reasonable effort to return the item to the Guest. If claims are not made within the State’s required time period or two (2) weeks, whichever is shorter, the Host shall be able to keep such items to sell or for personal use.

GOVERNING LAW. This Agreement shall be governed and subject to the laws located in the jurisdiction of the Premise’s location.

5. Damage, theft, and costs

5. 1. Be. More Homely Ltd reserves the right to charge to the credit/debit card used for payment or any other card used to provide security in respect of:

5. 1.a The cost of replacing or repairing any property of Be. More Homely Ltd including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;

5.1.b The cost of replacing any items of property which are stolen from the accommodation during your stay.

5.1.c Any breach of the non-smoking policy. A standard charge of £350 will be charged to your card where Be. More Homely Ltd finds evidence of smoking within the accommodation to cover cleaning costs. Be. More Homely Ltd reserves the right to charge additional amounts to cover any damage caused by smoking.

5. 1.d Such costs may be charged on check-out, Be. More Homely Ltd reserves the right to apply such charges to your credit/debit card at a later date where necessary.

5.2 Where Be. More Homely Ltd 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.

5.3 Be. More Homely Ltd or the Supplier will provide a receipt including a breakdown of costs for all additional charges made to your credit or debit card If asked.

5.4 Be. More Homely Ltd processes information about you that you provide when making a reservation in accordance with our 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.

5.5 You should note that Be. More Homely Ltd are required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival. In addition, for guests who are not of British, Irish or Commonwealth nationalities Be. More Homely Ltd are required to take details of your passport or other travel documentation and the address of your next destination.

5.6 For full details on how we collect, use and store personal data including the use of cookies please see our full privacy policy.

5.7 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. 

6. Enquiries

6. 1. Be. More Homely Ltd will seek to respond to or resolve any reasonable enquiries you have in relation to your booking within 24 hours.

7. Complaints

7.1 Be. More Homely Ltd want to ensure that you have an enjoyable stay. If you have a problem during your stay please talk to any member of the Be. More Homely Ltd team who will be able to help you.

7. 2. If Be. More Homely Ltd 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 info@bemorehomely.com Please provide as much information as possible in order that Be. More Homely Ltd may properly investigate your complaint.

7. 3. If you wish to make a complaint about Be. More Homely Ltd services then this should be submitted to info@bemorehomely.com

7. 5. Your complaint will be dealt with by an appointed member of the Be. More Homely Ltd management team. Be. More Homely Ltd aims to respond to formal complaints within seven working days but if this will not possibly Be. More Homely Ltd will notify you of this and of when it expects to respond. Be. More Homely Ltd will set out the outcome of your complaint in writing.

7. 6. Be. More Homely Ltd reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.

8. Limitation of Liability

8. 1. Be. More Homely Ltd endeavours to ensure that all information provided prior to, during and after your booking is accurate but shall not be responsible for any incorrect or missing information regarding the accommodation or booking.

8. 2.The liability of Be. More Homely Ltd to you under these terms and conditions shall be limited to the total value of your booking (unless the Hotel Proprietor’s Act 1956 applies, in which case Be. More Homely Ltd liability will be limited to the maximum prescribed under that Act) except where such loss is caused by Be. More Homely Ltd negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you. 

8. 3. Be. More Homely Ltd shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.

8. 4. The Supplier shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:

8. 4.a. Strike, lockout or other labor dispute affecting the employees of the Be. More Homely Ltd

8. 4. b. Acts of God;

8. 4. c. Natural disasters;

8. 4. d. Acts of war or terrorism;

8. 4. e. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;

8. 4. f. 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;

8. 4. g. Theft or break-in

9. Severability

9.1 If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, and 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.

10. Waiver

10.1The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

11. Entire Agreement

11.1 These terms and conditions constitute the entire agreement of the parties and supersede all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

12. Third-party rights

12.1 The Supplier shall be entitled to enforce its rights under this Agreement against you or any person staying at or using the accommodation.

12.2 Otherwise, nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.

13. Jurisdiction

13.1 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 the agreement is required to be referred to a court of law.

Guest signature…………………… Date ……/…/………

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