Portland Brown Ltd

Business Terms and Conditions for Companies

 

  1. General
  2. Confirmation
  3. Prices
  4. Liability for Payment of charges
  5. Credit facilities
  6. If you cancel or change a booking
  7. If We cancel or change a booking
  8. Third Party Reservations
  9. Occupants
  10. Checking in and checking out
  11. Facilities and services
  12. Pets
  13. Smoking
  14. Damage
  15. Data Protection
  16. Rights of access
  17. Security of tenure
  18. Information
  19. Circumstance beyond our control
  20. Liability
  21. Complaints
  22. Service Promise
  23. Law, Jurisdiction and General

 

1.            General

These Terms and Conditions (Terms) set out the basis upon which Portland Brown Limited - company number 5452350, (“Portland”) accepts bookings to rent its apartments, and those our Apartment Partners (“apartments”).  References in these Terms to “we”, “our” or “us” are references to Portland and any subsidiaries or divisions of Portland Brown Ltd.  References to “you” or “your” are references to your company. References to “your employee” are references to any occupant of any booking that you make with us, whether that be for an employee of yours, an owner, a director, a customer, a supplier or any person known to you, and any guests of that person.

These Terms set out the basis of your contract with us.  By placing a booking with us you are accepting these Terms.  All offers and bookings are subject to availability.

These Terms shall form the superior document in any dispute resolution.  If there is a conflict between a booking confirmation and the Terms, then the Terms document will be taken as correct.

If and when we work with our Apartment Partners you agree that your reservation will be subject to these Terms and that in relation to your use of the Apartment you agree to be bound by these Terms and by any general policies, rules, terms or conditions of the Apartment Partner (‘’Apartment Partners General Policies’’) 

We will provide you with the Apartment Partner’s General Policies where the Apartment Partner has supplied them to us. Where the Apartment Partner has not supplied us with the Apartment Partner General Policies, you (or any Guests) should ask the Apartment Partner for a copy upon check-in at the Apartment.

 

 

2.            Confirmation

A contract will come into effect between you and us when we issue you or your guest a written confirmation of your booking.  The contract is subject to these Terms.  We have the right to refuse any booking prior to the issue of your written confirmation and, if we do this, we will tell you in writing and promptly refund any money you have paid us.  When you receive your confirmation, you must check the details carefully and if anything is incorrect you should notify us immediately.

 

3.            Prices

All prices must be confirmed for each enquiry.

Prices are exclusive of VAT.  VAT will be charged at the rate in force at the time of invoicing.  Should any additional statutory taxes or levies be introduced which affect the price of your apartment, you will be required to pay the extra amount.

If and when we work with our Apartment Partners providing accommodation outside of the United Kingdom, Prices will be Inclusive of any and all Taxes.

 

4.            Liability for Payment of charges

You are responsible for all charges relating to accommodation.  An invoice will be raised for the first month’s accommodation charges.  This invoice must be paid in full 14 days prior to the arrival date or immediately if the booking is made within 14 days of arrival.  Thereafter, invoices will be raised on a monthly basis as appropriate.

 

5.            Credit facilities

The signing of these Terms does not grant you credit with us. We will provide you with a separate credit agreement if we agree to do this. If we have not agreed and signed a credit agreement with you no credit is offered and bookings must be paid for in advance in accordance with section 4.

If we do advance you credit the following conditions shall apply:

We will invoice you for payment 14 days prior to each arrival (or upon the booking being made if shorter than 14 days prior to arrival).  We invoice monthly; if the booking is longer than a month you will be invoiced for each subsequent month 14 days in advance of the following month.  We will invoice you separately for each individual booking.

 

5.1         Late Payment

In the event the account becomes overdue, Portland Brown Ltd reserves the right to charge interest at 6% APR above the Bank of England base rate, plus a further admin fee of £100 plus VAT.  Interest is charged on the overdue amount including VAT and will accrue on a daily basis; this is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  In addition, we reserve the right to place your account on hold as of the first day after the due date of invoices if the amounts remain outstanding.

Where we are providing accommodation outside of the United Kingdom and charging in an alternative currency, interest and fees will be converted using the exchange rate for the day.

               

5.2          Disputes

Should there be a dispute over a component of an invoice you will pay the undisputed amount within the above credit terms. For example, if you believe that you have been invoiced incorrectly for 21 nights instead of 20, you will pay for the 20 nights within the above payment terms. Failure to make payment for the undisputed amount will result in the above penalty charges becoming payable.  Disputes must be notified in writing within 3 working days of receipt of invoice. 

 

6.            If you cancel or change a booking

If you have to, or wish to, cancel your booking you must notify us in writing as soon as possible at:

 

Portland Brown - Cancellation

22 Stokes Croft

Bristol

BS1 3PR               

United Kingdom

 

or by email to [email protected] or to your Account Manager.

The booking will be cancelled on the day (or next working day if received over the weekend) that the written notice of cancellation is received by us. We will confirm receipt of the cancellation by return e-mail. 

Unless otherwise stated, Portland Brown will accept 14 days cancellation on any booking without additional charge, but you will be liable for any outstanding payment for the 14-day period.  In the event that you have already paid beyond 14 days’ notice, we will either refund the outstanding amount or credit your account, dependant on agreement by both parties.

In the event that you have received a discounted rate for a longer period, and you cancel before the agreed check out date, Portland reserves the right to bill back the duration of the stay at the non-discounted rate, subject to the discretion of the directors.  This will be notified to you.

If and when we work with our Apartment Partners, your right to make a change to your Reservation or to make a cancellation will be subject to any rights set out during the reservation process or indicated to you in writing in the Apartment Partner’s General Policies.

If you would like to make a cancellation or make any change to your Reservation, please contact us. We will try to make changes to or cancel your Reservation, however, we cannot commit to being able to make any changes or cancellations once a Reservation has been made.

 

7.            If We cancel or change a booking

We do not expect to have to make any changes to your booking, but occasionally problems occur, and bookings have to be changed or cancelled. If this does happen, we will contact you (by e-mail and following up by telephone where reasonably possible in the case of a significant change or cancellation) as soon as is reasonably practical, to explain what has happened and inform you of the cancellation or change.

If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, we will, if possible and as soon as reasonably practical, offer you a suitable alternative apartment of similar type and standard in a similar location for the same dates, with our Apartment Partners or, if necessary, hotel accommodation until an alternative apartment can be arranged.

If you do not wish to accept a significant change or any alternative apartment / hotel offered or we cannot offer you a suitable alternative apartment, you will receive a full refund of all monies paid to us.  If your card is charged or refunded in any other currency than pounds sterling, we are not liable for any exchange rate fluctuations or international credit card charges that may be incurred from your issuing bank.

We will not be liable for any additional costs or charges you incur in arranging alternative accommodation.

If and when we work with our Apartment Partners, and the apartment becomes unavailable on the dates that you have made the Reservation for we will let you know as soon as possible. Our liability to you will be limited to finding suitable, equivalent, alternative accommodation or obtaining a refund of any Apartment Charges you have paid. Neither we nor the Apartment Partner will be liable to you for any indirect or consequential loss.

You should tell us as soon as reasonably possible and certainly within 1 working day whether you wish to accept any change or alternative apartment offered, or alternatively whether you want a refund. We will try to contact you by e-mail or telephone to gain a response. In the unlikely event that you fail to tell us that you wish to accept any change or alternative apartment we are entitled to assume you wish to cancel your booking.

If at any time we become aware of antisocial behaviour, breach of any terms or agreement entered into or damage on the part of your employee we may cancel the booking and evict the guest immediately.  Wherever possible, all parties will be notified but failure to reach any or all parties will not prevent the eviction from taking place.  In such circumstances, Portland reserves the right to pack and remove all personal items from the apartment to an alternative secure location until contact can be made.  Where appropriate, Portland reserves the right to change any lock or other access systems. If we evict for the above reasons, this will be treated as a cancellation by you and section 6 will apply. In these situations, Portland are not subject to notice terms.  We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as your employee incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for your employee.  In addition, section 20 will apply.

If and when we work with our Apartment Partners, we will be entitled to terminate our agreement with you and / or your Reservation immediately in the event where; you fail to pay any sums when they fall due under these Terms;

you (or any Guest(s)) otherwise breach any of these Terms or the Apartment Partners General Policies.

Following a termination of agreement and / or reservation you will; vacate the Apartment immediately; and

you will procure that any Guest will vacate the Apartment immediately.

 

8.            Third Party Reservations

If you are making a reservation on somebody else’s behalf and/or any other third party will be making use of the Apartments (“Guest”), you, in addition will procure the Guests compliance at all times with all such Terms

In the event a Guest breaches any of these Terms, such a breach will, for the purpose of these Terms, be considered a breach by you.

 

9.            Occupants

You will provide guest information of the resident (name, mobile, email, arrival time) to us at least 3 days prior to arrival

Only persons notified to us prior to your employee’s arrival date and/or listed on our written confirmation of booking may occupy the apartment. You/your employee may not re-let/sublet the apartment to any other third party.  Your employee and anyone who occupies the apartment with your employee further agrees not to use the apartment for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted in writing by us.

The number of persons permitted to occupy the apartment is limited to the number listed on our written confirmation of your booking. Your employee must not allow this limit to be exceeded neither can your employee change during their occupation of the apartment, the composition of the occupants without our permission in writing.  If your employee does either of these things, we can refuse to hand over the apartment to your employee, or can evict your employee and repossess the apartment in line with the process outlined in section 7 above. If we do so, this will be treated as a cancellation by you and section 6 will apply. In these situations, Portland are not subject to notice terms.  We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as your incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for your employee.  In addition, section 20 will apply.

 

10.          Checking in and checking out

Unless otherwise agreed with us in writing in advance, your employee can arrive at the apartment from 3pm (local time) on the start date of your rental. If it is possible, we can be more flexible on this check-in time depending on departure of previous guest.

We are entitled at our sole and absolute discretion to refuse to hand over to your employee, or to repossess, the apartment (which includes the fixtures, fittings, furnishings and decorations) if we reasonably believe that any antisocial behaviour, breach of terms or any agreement entered into or damage is likely to be caused, has been caused or is being caused by your employee or any occupants of the apartment. These circumstances will be treated as a cancellation by you and section 6 will apply. You will still be liable for any monies due on the apartment and we will have no liability to you or your employee as a result of this situation arising (including, for example, any costs or expenses you incur due to you not being able to occupy the apartment, such as you incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for you.

On arrival your employee may be required to provide photographic proof of their identity (e.g. a passport or photo-card driving licence) and proof of address to ensure that we are giving access to the person that the apartment has been booked for.  Copies may be taken of these for our records and these will be stored on our encrypted CRM system.  They will also be required to sign a registration card on arrival which reiterates their responsibilities in terms of the apartment and sundry charges.  Liability for the terms outlined in the registration card will fall to you if your employee refuses to sign the registration card.

When working with our Apartment Partners, guests may be required provide photographic identification (e.g. passport) upon check-in to the Apartment. The Apartment Partner may take a copy of any photographic identification provided for its records. The Apartment Partner’s taking of copies (and retention of such copies) of any photographic identification is a matter between the Apartment Partner and you. We do not receive a copy of any photographic identification and assume no responsibility for the Apartment Partner’s use of it.

Unless otherwise agreed in writing in advance, all apartments must be vacated by 10am (local time) on the due date of departure. If there is any delay in vacating the apartment beyond the agreed time, a full day's rental may be charged to you for each additional day’s (or part thereof) occupation.

 

11.          Facilities and services

Portland Brown will contact your guests at regular intervals throughout their stay to ensure they are happy, find out about and solve any issues and ascertain whether they require anything additional.

We will notify you of any serious incidents immediately.

All apartments are furnished to a high standard and include a kitchen equipped with appliances, cutlery, crockery, and kitchen utensils. Food is not provided unless agreed in advance.

No items may be removed from the apartment. If any items are removed, or damaged beyond fair wear and tear we will charge at cost including VAT plus a 20% admin fee. You will be liable for this charge unless specifically agreed in writing otherwise.

Unless otherwise specified, the prices quoted include a weekly maid service, heating, electricity, gas, water, council taxes, television license and telephone line rental charges. The price also includes linen which is changed weekly. The price does not include usage charges for phone calls made.   Internet usage is not chargeable or restricted but is subject to a fair usage policy.

Telephone calls are charged for separately.  All telephone charges are charged at provider rates plus a 20% admin charge plus VAT. The resident is responsible for these charges and will be charged directly.

Where gym access is arranged, gym access will be chargeable unless agreed otherwise in writing and the current costs can be advised at the time of your booking.  Gym access can be arranged for 1 person for a one-bedroom apartment booking and for 2 people for a two-bedroom apartment booking unless otherwise agreed in writing. 

We will take a credit card from your employee for any sundry charges (e.g. telephone charges), or damage. If your employee refuses or is unable to supply us with a valid credit or debit card we will inform you in writing, it is then your responsibility to provide us with a valid credit or debit card. If such details are not provided in writing within one week you will also assume responsibility for any sundry charges or damage your employee incurs. Clauses 5.1 and 5.2 will apply to any invoices for sundry charges or damage.

We are not responsible for any failure or interruption of services to the apartment, including electricity and water or any damage, disruption or noise unless due to our negligence or misconduct.

 

12.          Pets

Regrettably no pets, other than registered guide and hearing dogs belonging to those with visual and hearing impairments, are allowed in any of the apartments under any circumstances. 

 

13.          Smoking

We operate a NO SMOKING POLICY. Smoking is not permitted in the apartments or in any other area of the apartment block. If, in our reasonable opinion, smoking has occurred in the apartment during your employee’s stay we will charge you for additional cleaning of the apartment.  Your employee will be asked to cease with immediate effect.  If your employee continues to smoke, Portland reserves the right to evict your employee immediately.  In these situations, this will be treated as a cancellation by you and section 6 will apply. The charge for cleaning and de-odorizing is currently £300 plus VAT. In addition, you will be liable for any charges incurred by us if we have to out book guests whilst the apartment is being de-odorized. Any such charge would be limited to 2 days at your agreed daily rate (as per section 3).

 

14.          Damage

If your employee refuses to sign the registration card on arrival you are responsible and liable for any damage that occurs to the apartment during your employees stay.

Your employee and anyone who occupies the apartment with your employee agree both to keep the apartment (including all equipment, utensils, furniture etc.) clean and tidy throughout the duration of their stay and to leave the apartment in a similar condition as they found it upon their arrival. As per section 11, damage to or removal of items will be charged for.  Any such invoice will be accompanied by a detailed summary listing each damaged component and the cost of replacing or repairing such plus a 20% admin fee.

Except in the case of normal wear and tear your employee is responsible for any damage to the apartment or its contents suffered during their stay which has occurred due to the negligence, wilful default or irresponsible behaviour on the part of your employee or those occupying the apartment or their guests. Any damage must be reported to us, without delay.

 

15.          Data Protection

For the purposes of the General Data Protection Regulation (GDPR), we may be either a Controller or Processor of personal data provided to us by customers and prospective customers. Any processing of Personal Data shall be done pursuant to our privacy notice found here: https://www.portlandbrown.com/privacy-policy and the  Data Processing Agreement located here https://www.portlandbrown.com/data-processing.

 

16.          Rights of access

Your employee must allow us and any representative of ours (including subcontractors) access to the apartment at any reasonable time during your employees’ occupation (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time or we are refused access without good reason - in these situations we are entitled to enter the apartment at any time without giving you prior notice).

We will, of course, try to give at least 24hrs notice to your employee and will attempt to comply with any requests they have of us.

In any case, where reasonable notice has not been given, or cannot be given, any such entry into your apartment will be supervised by a member of our staff as appropriate.

 

17.          Security of tenure

As the apartments are used as serviced holiday accommodation, they are exempt from security of tenure legislation.  You acknowledge that your employees have the right to occupy the apartment for the purposes of a holiday or other short term stay and that you are not using it as a dwelling house.  Your employee has no security of tenure over any apartment operated by Portland Brown or our Apartment Partners.

 

18.          Information

We aim to ensure that the information provided by us is accurately conveyed in the website/brochure and other promotional literature or material produced and circulated by us. However, the information and prices in this web site/brochure/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the web site/brochure/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen apartment and arrangements with us at the time of booking and check the details on your booking confirmation are correct.

There may be small differences between the actual apartment and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the web site/brochure or advertised elsewhere.

We make reasonable efforts to ensure that information supplied to you in relation to the apartment or its facilities and/or services is accurate and complete as at the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services, except in the case of our negligence. We will, however, use our reasonable endeavours to notify you of any changes to or inaccuracies in any information contained in the web site/brochure or otherwise provided to you as soon as reasonably practical after we become aware of the change or inaccuracy.

We carefully select our Apartment Partners and take precautions to ensure that the information concerning the Apartment is accurate, complete and up to date. We do, however, receive much of the information and materials regarding the Apartments from our Apartment Partners. We do not make any warranties or representations regarding any material and/or information provided by the Apartment Partner. We only provide information regarding an Apartment as an agent for the Apartment Partner

If and when we work with our Partners, Portland Brown are committed to assisting you should an issue arise in relation to information provided by the Apartment Partner. We will endeavour to make any necessary changes to Apartment information provided where we become aware of any errors in information regarding an Apartment.

 

19.          Circumstance beyond our control

Except where otherwise expressly stated in these Terms , we will not be liable for any changes, cancellations, effects on your stay, loss or damage suffered by you or for any failure by us to perform or properly perform any of our obligations to you which is due to any event(s) or circumstance(s) beyond our reasonable control except where caused by our negligence. By way of example, such events or circumstances include fire, flood, exceptional weather conditions, epidemics, industrial action, destruction or damage of the property by any cause (other than our negligence) cancelation of head leases, changes of statutory licences and all similar situations.

In appropriate cases (for example where your booking has to be cancelled before departure) we will, however, refund to you all monies paid to us by you for your booking in line with the cancellation terms outlined in section 6. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing alternative accommodation) will be payable by us in such circumstances.

In such circumstances we will assist you in finding suitable alternative accommodation from our own portfolio, that of our Apartment Partners, or hotels.

 

20.          Liability

Nothing in these Terms  shall affect your statutory rights.

We will have no liability for any death or personal injury unless it results from our negligence, that of our employees (providing they were at the time acting in the course of their employment) or our agents. Your employee must take all necessary steps to safeguard their personal property including that personal insurance policies are in place as appropriate. No liability is accepted by us in respect of damage to, or loss of, such personal property except where the damage or loss is caused by our negligence, that of any of our employees (providing they were at the time acting in the course of their employment) or our agents.

In no circumstances shall we be liable to you, in contract, tort (including without limitation negligence) and/or breach of statutory duty, or otherwise, for any losses, costs, claims, damages or expenses including without limitation loss of profits, revenue or income (whether actual or potential), loss of business (whether actual or potential) or for any indirect or consequential (including economic) loss of any kind.

Our total liability to you, howsoever arising, as a result of or in connection with your booking, these Terms, or our Data Processing Agreement shall be limited to the total amount paid by you to us for such booking.

 

21.          Complaints

Every effort has been made to ensure that your apartment meets your expectations. If, however, you or your employee have any cause for complaint we are anxious that remedial action is taken as soon as possible. It is essential that you contact us immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding heating of the property) cannot possibly be investigated unless registered whilst you are in residence. If you remain unhappy with our response, then you must, within 30 days of the end of your stay, put your complaint in writing to us by recorded delivery.

Our complaints procedure is as follows:

Email your complaint to [email protected] (please also call us on 0330 0240 102).

You will receive a response within 1 working day (we will endeavour to respond within 3 working hours).

If and when we work with our Apartment Partners, We will provide you with reasonable assistance if you have an issue in respect of the Reservation, the Apartment, your use of it, or any acts or omissions of the Apartment Partner (Apartment Issue). Please contact us immediately if you have an Apartment Issue. We will try to help, including taking the Apartment Issue up with the Apartment Partner

 

22.          Service Promise

Our Service Promise is intended to provide additional reassurance to our clients, of our true customer service focus. We will always do our absolute best to look after in-house guests, to resolve any issues which occur during their stay, and fulfil any reasonable requests.

The Promise is not a guarantee that we can always meet a request, or resolve an issue to the guest’s full satisfaction, but a commitment that we will do everything we can within reason and within our control, as quickly as is possible.

Any issues or requests must be communicated as soon as they occur and certainly within 12 hours of the requirement/issue arising.

A reasonable amount of time must always be given to provide a solution for any issues arising. We commit to regular communication to keep a guest/booker updated as to the progress during this time.

 

22.1        What is included

The Service Promise relates to situations where the customer can demonstrate that we did not do everything within our power or within reason to look after our guest.

For example, the situation could relate to an issue arising in the apartment in respect of a loss of heating.  A failure on our part to provide additional heaters, or where we have been unable to resolve the issue in appropriate timescales, a failure to provide the guest with an option of alternative accommodation would constitute us not doing everything within our power.

 

22.2       What is not included

Dissatisfaction relating to the inventory of an apartment e.g. number of televisions, how comfortable the sofa is, although we will always do our best to accommodate guests within reason where we can.

Dissatisfaction with the alternatives or options provided in response to a request or issue if the alternatives are reasonable and the best that we can offer at the time.

 

22.3                        Eligibility

The guest must have reported any dissatisfaction while in-house and within the timescales stated above in clause 22.

The guest must have allowed a reasonable amount of time for a solution to be found especially in a case where 3rd parties are involved to resolve an issue.

The customer must be up to date with any payments owed prior to any refund being applied.

 

22.4       How to make a claim

The claim must be made in writing to our Director and General Manager ([email protected]) while the guest is in-house or within up to max. 24 hours after their departure.

You must clearly demonstrate that we have failed to do everything reasonably possible to resolve the problem or offer an alternative solution, such as alternative accommodation.

 

22.5       Payment

The guarantee will take the form of a refund. Payment will still be required as per the terms of the contract prior to any refund being issued.

Any refund that we grant will be for the specific time period in which the issue remained unresolved during the guest’s physical occupation of the apartment.

 

22.6                       Liability

Our total liability to you, as a result of invoking the service promise shall be limited to the total amount paid by you, to us, for the period in which the issue remained unresolved during the guest’s physical occupation for such booking

 

23.          Law, Jurisdiction and General

These Terms and all matters arising in relation to your booking shall be interpreted, construed and enforced in all respects in accordance with the Laws of England and Wales and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts over any matter or claim arising from or in connection therewith. The place of performance shall be England.

If any provision of these Terms is held to be unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.

Your booking is personal to you, and you may not assign or transfer it in whole or in part. You may however substitute occupants by giving us notice in writing