Guest Terms and Conditions

 

  1. DEFINITIONS

“Accommodation” means [a residential room, group of rooms or an entire property][an entire property].

“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation.

“Booking” means your request for the Accommodation as made in an email to us or by telephone.

“Booking and Payment Terms” means the terms supplied by you specific to each Listed Property regarding cancellations, Deposit requirements, security deposit requirements and payment deadlines for the Accommodation Fee balance etc.

“Deposit” means a percentage of the Accommodation Fee specified by the Property Owner’s Booking and Payment Terms and communicated to the Guest by the AWAY Collection at the time of Booking.

“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, actions or omissions of the Owner (including, but not limited to, cancellation or failure to provide access to the Property) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, power networks or water supplies, local building works or roadworks, transport interruptions, delays or cancellations.

“Guest” means a person who requests from a Property Owner a Booking of a Listed Property via the Site, or a person who stays at as Accommodation and is not the Property Owner of the relevant Listed Property.

“Listing” means an Accommodation that is placed on the Site by a Property Owner making the Accommodation available for rental via the Site.

Listed Property means an Accommodation that is placed on the Site by a Property Owner making the Accommodation available for rental via the Site.

“Property Owner” means a person who creates a Listing via the Site.

“Property Specific Terms” means specific restrictions applicable to a Listed Property as provided to you by us. The terms could relate to the use of the Accommodation, security of the Accommodation, cleaning and/or cleanliness of the Accommodation, pet policies and smoking policies etc.

  1. TERMS OF USE

These terms of use, together with the documents referred to in them and all other operating rules, policies and procedures that may be published from time to time on the site by us, (collectively, these “terms of use”) set out the terms on which you may use the Site [www.theawaycollection.com] and any Service, feature or content on the site (collectively, the “Site”). Use of the Site includes accessing and browsing.

Certain areas of the Site may be subject to additional terms and conditions specified by us from time to time. Your use of the Site is subject to those additional terms and conditions, which are incorporated into these terms of use by reference.

Please read these terms of use carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of this for future reference.

By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Site.

If you are under 18 years old, please do not register to use the Site or Service. Any person who registers as a user or provides us with their personal information represents that they are 18 years of age or older.

These terms of use refer to the following additional terms, which also apply to your use of the Site:

Our privacy policy, a copy of which is available at [www.total-management.com/privacy-policy] (“Privacy Policy”) which sets out, among other things, the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

  1. INFORMATION ABOUT US

The Site is operated by Total Management (“AWAY Collection”, Total Management”, “we”, “us” or “our”). We are registered in England and Wales under company number 05729837 and have our registered office at Matrix, 91 Peterborough Road, London, SW6 3BU.

We are a limited company providing a service to manage and facilitate the arrangements necessary for Guests and Property Owners to book and rent Accommodation (the “Service”).

We are not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and we do not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Our responsibilities are limited to facilitating the availability of the Site and Services.

  1. ACCESSING THE SERVICE

We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. BOOKING AND PAYMENTS: GUESTS

We act as Agent for and on behalf of the Owner to provide the Accommodation via a Booking with you, the client.

In order to use the Service, you are invited to (i) browse the Listings on the Site and upon choosing an Accommodation suited to your holiday requirements (ii) email the AWAY Collection with a booking request. When you submit the booking request to us, this does not mean we have accepted your request for Accommodation.

The Away Collection will endeavour to respond to all booking requests within 48 hours of receipt. The response will be either by email or telephone, at the discretion of the AWAY Collection. The Accommodation Fee, Deposit and security deposit (if required) will be made known to you in the Booking and Payment Terms specific to that Accommodation.

 

If the Booking is confirmed, you may be required to pay a Deposit in accordance with the Booking and Payment Terms specific to the Accommodation and the balance of the Accommodation Fee at a time and date also specified by the Booking and Payment Terms.

When you submit the Booking to Us; this does not mean We have accepted your order for Accommodation. If We are unable to supply you with the Accommodation, we will inform you of this in writing and We will not process the Booking and will refund deposit where necessary.

 

[Payments may be made by debit card, credit card or bank transfer. Bank transfers must be in cleared funds by the deadlines for payment as set out in this agreement. Cheques may not be used for payment of any sums due under this agreement without our prior written approval.]

Guests are responsible any and all costs associated with exchange rates and transfer fees with regards to payments made to us.

[If you fail to pay the balance of the cost of your Accommodation upon request and before the commencement of the Accommodation we will attempt to charge your card details (where provided) for the sum of the balance amount which may be subject to a discretionary administrative charge of no more than £25 (including VAT) and you hereby authorise us to do so].

If you do not make any payment due to us by the due date for payment, we may cancel your Booking and terminate this contract.

If you choose to enter into a transaction for the Booking of an Accommodation, you agree and understand that access to the Listed Property is subject to your adherence to the Property Specific Terms. These terms will become binding when we issue you with a written acceptance of a Booking, at which point a contract will come into existence between you and Us. If you make a Booking over the phone, then these Terms will apply to such Booking. You agree to accept any Property Specific Terms associated with such Accommodation. You acknowledge and agree that you, and not the AWAY Collection, will be responsible for performing the obligations of any such terms, that the AWAY Collection is not a party to such terms, and that, with the exception of its payment obligations hereunder, the AWAY Collection disclaims all liability arising from or related to any such terms.

Any illustrations, photographs and other imagery displayed are for illustrative purposes only and subject to change.

 

We will send you [by email] a payment receipt for all monies paid to the AWAY Collection. You should check this confirmation carefully and report any incorrect or incomplete information immediately.

The Property Owners and not the AWAY Collection are solely responsible for honouring any confirmed Bookings and making available any Accommodations reserved via the Site.

  1. SECURITY DEPOSIT

You are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.

A security deposit may be required to be paid by you in case of damage to the Accommodation, damage or loss of contents, damage or loss to keys and excessive or incorrect use of facilities (including, but not limited to, telephones, internet, and other amenities provided at the Listed Property). We will inform you of the amount of the security deposit to be paid at the time of Booking.

[We will assess the Accommodation after your stay. If you are notified of a damage claim by the AWAY Collection you will be given forty eight (48) hours to respond. If the amount of the damage claim exceeds the security deposit or if the Listing does not have a security deposit, we may charge the payment method used to make your Booking for the remaining amount of the damage claim.]

We or the Owner reserve the right to invoice you and/or attempt to charge your card details (where provided) in order to recover costs if the cautionary deposit paid is insufficient to repair or replace any damage caused to the Property and/or its contents during your stay.

 

 

  1. CHANGES AND CANCELLATIONS BY THE GUEST

The Property is only the property as detailed in the Booking and cannot be changed with any other property unless stated by us. When a booking has been made, at any of the properties that we represent, it is non-transferable, and any transfer can be deemed a guest cancellation as it amounts to a breach of contract.

 

You may cancel a Booking for Accommodation in accordance with the Booking and Payment Terms specific to the Accommodation. We will confirm your cancellation in writing to you. You may not be entitled to a refund. Please consult the Booking and Payment Terms specific to the Accommodation for rights to a refund upon cancellation.

 

  1. CHANGES AND CANCELLATIONS BY THE AWAY COLLECTION

Due to Coronavirus (COVID-19) now being a known event, standard terms and conditions will apply to cancellations for bookings taken on or after March 23rd 2020. Should government restrictions be put in place due to Covid-19 over your booked dates, we will arrange for your stay to be postponed but cannot offer a refund.

We will inform you as soon as reasonably possible if significant changes need to be made to the Booking or if we need to cancel the Booking due to an Event Outside Our Control. [We will also liaise with you in relation to any alternative arrangements that can be offered].

If we must cancel a Booking and you have made any payment in advance for Accommodation that has not been provided to you, we will refund these amounts to you.

If we have to cancel a Booking due to an event out of our control (force majeure) and you have made any payment in advance for Accommodation that has not been provided to you, we will offer a date change for the booking.

We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if: (i) you do not pay us when you are supposed to; or (ii) you break the contract in any other material way.

  1. YOUR STAY

You promise that you will arrive at and leave the Listed Property at the dates and times in the Booking (unless you notify us otherwise and we agree the same in advance). Your Accommodation will not be available at any time outside of the times reserved by you and offered by the Accommodation. Please note these times are subject to change but we will advise you at the earliest opportunity if we need to alter your times of check-in or check-out due to circumstances outside of our control.

It is your responsibility as the guest to advise the total number of guests and subsequently use of bedrooms. If using extra bedroom(s), you agree that the cost of the Accommodation may be increased to reflect the increased use. The additional cost will immediately become due and this additional cost will be deducted from the cautionary deposit. If the additional cost is greater than the cautionary deposit, you authorise us to debit any card details held for you with the appropriate charge (which will be notified to you in advance). You promise that you will not exceed the maximum number of guests permitted at a property in line with property insurance policies.

 

Access to the Listed Property is subject to your adherence to The Away Collection terms alongside the Property Specific Terms.

Pet and smoking policies may be made available to you in the Property Specific Terms. Where such policies do not exist within the terms: (i) smoking in strictly prohibited at the Accommodation; and (ii) pets are not permitted inside, nor in the grounds of, the Accommodation.

Broadband internet access is offered in some properties. Where broadband is offered, we do not promise that the service will be available constantly and it is provided for recreational and not for business use. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of an internet access service can be guaranteed and. We are not liable for any form of compensation or expenses claimed by any guest in respect of the provision of internet services or telephone services not being available or failing.

If the Booking you have made relates to Accommodation which has Property Specific Terms, those Terms shall be incorporated into these Terms and breach of any of the Property Specific Terms will be treated as a breach that entitles us to cancel the contract.

  1. OVERSTAYING

The Property Owner grants you a license to enter and use the Listed Property for the duration of the Booking. You agree to leave the Accommodation no later than the checkout time that the Property Owner specifies in the Listing. If you stay past the checkout time without the Property Owner’s consent, you no longer have a license to stay in the Listing and the Property Owner is entitled to make you leave.

[In addition, Guests agree that the Property Owner can charge the Guest, for each hourly period that the Guest stays over the agreed period without consent, alongside an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Property Owner, plus any legal expenses incurred by the Property Owner incurred to make the Guest leave]

  1. INSURANCE

You are strongly recommended to take out personal travel insurance for all members of the party. It is your responsibility to ensure that the insurance purchased is adequate and appropriate for your needs. Insurance should include cover against the cost of cancellation and assistance (including repatriation) in the event of accident or illness. Please read your policy details on receipt and ensure that you take them with you on holiday.

  1. COMPLAINTS

Any queries or concerns regarding a Booking prior to the date on which the Guest arrives at the Listed Property should be addressed to the AWAY Collection. Should a guest encounter a problem whilst on holiday, this must be reported to the [Property Owner or the point of contact who is communicated to you by the Property Owner][AWAY Collection] immediately. If you fail to follow this procedure, there will be less opportunity for the [Property Owner][AWAY Collection] to investigate and rectify your complaint. If you wish to complain when you return home, please write directly to the AWAY Collection.

  1. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site and in the content thereof. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.

Your use of the Site is for your own personal and non-commercial use only. You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you deal with any content in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the content you have made.

This Agreement does not transfer from us to you any of our or any third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Your use of the Site grants you no right or license to reproduce or otherwise use any trademarks (registered or unregistered), service marks, graphics and logos belonging to us (including [website], the AWAY Collection logo or the Total Management logo), our licensors or third parties.

  1. LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, your Booking of any accommodation via the Site and service, and any contact you have with the AWAY Collection or Property Owners whether in person or online remains with you.

Please note that, as stated above, the Site and Service is intended to be used to facilitate Property Owners and Guests connecting and Booking Accommodations. Accordingly, any Bookings will be made or accepted at the Guest’s own risk.

The Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to the Site, whether express or implied (including, but not limited to, implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any warranties implied by any course of performance or usage).

To the maximum extent permitted by applicable law, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Site; including but not limited to loss or damage resulting from content that is libellous, defamatory, offensive, indecent, or otherwise objectionable, contains technical inaccuracies and other errors, violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions (stated or unstated), and loss or damage resulting from data loss.

To the maximum extent permitted by applicable law, we will not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages of any kind whatsoever.

If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any Content on it, or on any website or other content linked on it.

In no event shall our aggregate liability arising out of or in connection with these Terms and your use of the Site or the Services exceed the amount you have paid for Accommodation in the preceding 3 months, if you are a Guest or the amount paid to you for use of your Accommodation in the preceding 3 months if you are a Property Owner.

  • INDEMNIFICATION

To the maximum extent permitted by applicable law, you shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal expenses, that arise from or relate to your (i) use or misuse of, or access to the Site or Service; (ii) your Booking of Accommodation; (iii) the use, condition or rental of an Accommodation; and (v) violation of these terms of use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

  1. VIRUSES

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology and computer programmes in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

  1. CHANGES TO THESE TERMS We may revise these terms of use at any time by amending this page and our attached terms and conditions documents. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
  2. CHANGES TO THE CONDITIONS

We may update this site and conditions from time to time and may change the content at any time. However, please note that any of the content on the website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

  1. APPLICABLE LAW

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.