Terms and Conditions
The Company permits the Guest to occupy the Accommodation for the period shown in the booking confirmation together with the use of the furniture, fixtures and effects. It excludes any rights of tenancy.
The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party.
References to 'party' in these Terms and Conditions will include the Guest's family, servants, or guests. The Guest agrees to make his or her party aware of these terms and conditions.
The booking confirmation will show the price at the time of booking, which is set at the time of booking and shall not change. Prices may vary for the same apartments for that period (special offers, price increases or decreases and last minute deals, etc.), however these do not affect the agreed price or any aspects of the Agreement. Should the Guest choose not to continue with their booking, the guest may cancel as per the cancellation conditions.
Please note that payment for POA bookings is collected from the Guests’ nominated credit on the morning of arrival. Should the Guest wish to pay by alternative means they should contact the Company prior to their day of arrival.
Reservations must be confirmed with a valid credit card at the point of booking.
Non Refundable Rate (NRR) – These bookings are charged on the day of booking. Cancellations may be made at any time, however the full cost will be retained by the company.
Advance Purchase Rate (APR) - These bookings are charged on the day of booking. Cancellations may be made at any time, however the full cost will be retained by the company.
Pay on arrival Rate (POA) – These bookings are charged on the day of arrival. Cancellations made after 48 hours prior to the day of arrival will incur a one night stay cancellation charge.
No shows – The full amount of the booking will be charged.
All bookings and cancellations should be confirmed in writing. We reserve the right to vary terms at all times.
Residents with a POA booking wishing to depart before the end of their reservation must give 48 hours’ notice of their intention to leave early. In the event that a length of stay discount is negated due to early departure the Company reserve the right to clawback that portion by reduced the amount of refund due.
Apartments will be held until 2200 hours unless arrangements for late arrival have been made.
Check in time is 1500 hours and apartments should be vacated by 1100 hours on the day of departure.
Right to Refuse/Alter
The Company reserves the right to refuse any reservation.
The Company reserves the right to cancel or alter arrangements made for the Guest whether before or during the relevant visit in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Company.
In exceptional circumstances it may be necessary to cancel your booking. In the event of a pre-paid package, we will make all reasonable efforts to offer a suitable alternative date or refund any monies paid which shall constitute final settlement of any liability we may have to you as a result of cancellation.
Guest Accommodation Limitation
The number of persons permitted to occupy the apartment is limited to the number of beds available and this limit may not be exceeded with the exception of 1 baby cot per bedroom. Should the Guest and party arrive with more than the maximum number of persons allowed the apartment, the Company reserves the right to limit the number of persons to the maximum occupancy and ask that you take an additional apartment, at the going rate, to ensure each of the party has a bed. Should this offer be refused the Owner deems there to be health and safety risk the Company reserve the right to ask the Guest and party to leave at which point no refund will be due.
Loss of Guest Property
Lateral City Ltd accepts no responsibility to guests, visitors, staff or otherwise, for injury, theft, loss of property, damage to personal belongings, assault or other unlawful acts. Guests are encouraged to use the safe provided for the storing of valuable items. Expensive items, including, but not limited to: laptops, jewelery, Fragile items, cash, documents and/or expensive items etc, must not be placed in luggage for storage.
Left Property, with a deemed value in excess of £25, will be kept on-site for a period of three months after which time if it has not been claimed will be given to Charity or recycled. The Company are happy to arrange for the return of lost property. The Charge for this service is £10 (inclusive of VAT) administration charge plus the post of postage and packaging. A variety of delivery options are available depending on the value of the item(s) and the required delivery date.
The Company accepts up to 2 well behaved dogs in each apartment at Old Town Chambers – please note pets are not allowed at Merchiston Residence. Bookings that include dogs are done so on the understanding that all flea, worming treatments and vaccinations are up to date and on the condition that they are not allowed on the furniture, and especially the beds, nor left unattended in the accommodation. There must be no evidence that a pet has been at the property upon departure. The Guest agrees that any damages or additional cleaning costs will be deducted from their credit card. The nightly charge will be deducted from the Guests’ nominated credit card on the day of arrival.
Right of Entry
The Company reserves the right to enter the Accommodation at any reasonable time for reasonable cause. This includes the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
The Guest undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the Stay (reasonable wear and tear excepted) and shall pay to the Company the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible.
Guests using the Broadband Internet access do so subject to a fair use policy (see below) and within the bounds of UK law.
The Guest must allow the Company to enter the Accommodation to inspect the state of it, given reasonable notice, with the exception of an emergency when immediate access must be granted.
The Guest must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry out any act that may be a nuisance or annoyance to the Company or to any neighbours.
The Guest and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Guest has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal, recycling etc.
Smoking is not permitted in any part of the Accommodation and the Guest and all members of the party undertake not to smoke inside the Accommodation. A fee of £250 will be charged immediately to the Guests’ nominate credit card should smoking take place in the Accommodation.
The Guest agrees to ensure that the Accommodation is left reasonably clean and tidy. The Guest agrees to pay an additional reasonable charge to cover the expense of additional, unusual cleaning required because the Guest fails to comply with this clause.
The Accommodation shall be for family use only and by exception some social-groups (friends etc.). The Accommodation shall not be used for youth groups or other groups or student parties and we reserve the right to decline single sex group bookings
The maximum occupancy of the Accommodation shall not be exceeded. If the Guest wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of the Company.
All properties can be booked well in advance. It is advisable to book early to avoid disappointment, particularly over school holiday periods, major events and public holidays.
Every reasonable care will be taken to ensure that the Accommodation is presented to Guests to a high standard.
Should the Guest find on arrival that there is a problem, or cause for complaint, the Guest should immediately contact the Company's representative. Reasonable steps will then be taken to assist the Guest. The Company will not normally make any refunds in respect of complaints made after the Guest's departure from the Accommodation if the Guest did not make the complaint or the problem known during the Stay. If the Guest wishes to comment on his or her stay the Guest should complete the online guest questionnaire, or alternatively email the Company directly. All complaints made after the Guest's departure must be made in writing and emailed to the Company and received no later than 14 days after the date of departure.
Arrival and Departure Times
Adherence to the arrival and departure times forms part of the Agreement and any Stay that extends over this period will be subject to a charge being made per half hour over check out time or for additional days. Arrival time is after 1500 hours on the first day of the stay and departure time is before 1100 hours on the last day of the stay or as advised separately by the Company. Early arrivals and late departures can be arranged, but these are a paid service and must be arranged and paid for at the time of the booking. No last minute amendments to these times can be made.
The Guest will be issued with a unique access code, which allows them access to the apartment’s entrances and their apartment. This code must not be shared with anyone other than the party.
Right to Evict
The Company and /or its agents reserves the right to ask the Guest and his or her party to leave the property (without compensation being payable to the Guest or any member of his or her party) if this is deemed necessary by the Company and / or its agents where if there is a serious breach by the Guest of the Agreement or their behaviour is such as to endanger the safety of the property or staff. If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed we shall give the Guest an opportunity to rectify the breach and failure to do so shall entitle the Company or agents to terminate the agreement.
Booking of the Accommodation signifies acceptance of the above terms and conditions.
TERMS AND CONDITIONS FOR USE OF WIRELESS/WIRED INTERNET SERVICE
LATERAL CITY LTD
The internet access services, comprising both the wireless service and the fixed internet access terminal (together, the "Service") are provided to you by Lateral City Limited, The Tower, 7 Advocate’s Close, Edinburgh, EH1 1ND ("we"/"us"/"our"). By gaining access to the Service, you agree to abide by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Service.
FAIR USE POLICY
This Fair Use Policy has been implemented so that we can deliver a broadband service that is fast and reliable to all our guests.
We monitor the performance of our network and may restrict the amount of bandwidth available to very heavy users during busy periods to ensure that the majority of our guests have a good experience.
WHY HAVE A FAIR USE POLICY?
Some customer’s usage is in excess of that expected from normal home use and this may impact on the service level to others particularly at busy times. This may be due to high use of file sharing software or heavy downloads of music and films.
WILL I BE AFFECTED BY THE FAIR USE POLICY?
If you don't use file sharing software or download large files from the Internet it's unlikely you will ever be affected by our policy. If you do, all we request is that you do so with consideration for other customers sharing the network, for instance, downloading outside peak hours.
WHAT HAPPENS IF MY USE IS VERY HIGH?
If your usage is frequently high and impacts our network, and the experience of other guests, in a negative way then we will get in touch with you to ask you to change your behaviour.
HOW CAN I MANAGE MY USAGE MORE EFFICIENTLY?
If you intend to use your broadband connection for downloading large files we suggest you try and do this outside of peak hours.
1. OUR OBLIGATIONS
1.1 We will use our reasonable endeavours to make the Service available 24 hours a day, however we will not be liable if for any reason the Service is not available at any time or for any period. Access to the Service may be suspended at any time. If you require any assistance in relation to the Service, you should contact reception.
1.2 In order to gain access to the Service, you may be required to provide us with certain personal information. We will use such personal information in accordance with relevant data protection legislation. You warrant and undertake to us that all of the personal information you provide is complete and accurate. We will not disclose any personal information which is provided by you to any third party without your permission, other than (i) to any sub-contractors or agents engaged by us to provide any support or administration, facilities management or similar services (subject to such sub-contractors and/or agents undertaking to keep such personal data confidential), (ii) to any company or organisation to which we transfer our responsibilities to provide the services and products to you or (iii) where required by law or made in connection with legal or regulatory proceedings.
2. YOUR OBLIGATIONS
2.1 You will keep confidential any access codes or passwords provided to you in order to access the Service, and will not disclose them to any other person for any reason. You will be responsible for any loss that arises from you losing, misusing or otherwise disclosing any such access codes or passwords.
2.2 The Service is intended to allow you to access the internet in order to use, amongst other things, the worldwide web, e-mail, messaging services and chatrooms. You undertake that your behaviour while using the Service will be lawful, honest and proper. Without prejudice to any other provision of this agreement, we may terminate your use of the Service at any time without notice if we become aware of any behaviour that has a negative impact on our equipment or network or the use by other customers of our equipment or network or the internet in general, or which damages, or has the potential to damage, our reputation or standing.
2.3 Without prejudice to the generality of paragraph 2.3 above, you may not:
2.3.1 use the Service for any illegal purpose;
2.3.2 access or attempt to access the Service provided to any other customer;
2.3.3 use the Service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent;
2.3.4 exceed the download limitations relevant to the particular period of Service purchased by you; or
2.3.5 resell, or attempt to resell, the Service to any third party.
3. BREACH OF THE AGREEMENT
We shall investigate any suspected breach of the agreement by you, and reserve the right to take such action as we, in our sole discretion deem appropriate, including suspension or withdrawal of the Service with immediate effect and without notice to you.
4.1 You acknowledge that your use of the Service is at your own risk. The Service is provided on an "as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Without prejudice to the foregoing generality:
4.1.1 we do not warrant that the Service will be uninterrupted, timely, secure or error-free at all times or will meet your requirements; and
4.1.2 we are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service.
4.2 The disclaimer under this paragraph 4 is without prejudice to your statutory and other rights as a consumer.
5.1 Nothing in this agreement shall exclude or limit your or our liability for death or personal injury.
5.2 Subject to paragraph 5.1, we shall not be liable to you in contract, tort or otherwise arising in connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential losses or any destruction or loss of data.
5.3 Our liability to you shall be restricted to the amount of fees you have paid to us in connection with the Services.
5.4 If any part of the Service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the Service is beyond our reasonable control, we shall not be obliged to pay any compensation to you. If the Service is not available to you due to any failure on our part, we may, at our sole discretion, re-imburse you in respect of an appropriate proportion of the fees you have paid which relate to that period of unavailability of the Service.
5.5 You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person.
6.1 We reserve the right to amend this agreement at any time.
6.2 You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trade marks, database rights, patents and inventions) in and relating to the Service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you.
6.3 We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you.
6.4 If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions will nevertheless remain in full force and effect.
6.5 This agreement is governed by the laws of Scotland and the parties hereto submit to the non-exclusive jurisdiction of the English courts.
BY USE OF THE SERVICE YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE FOREGOING TERMS AND CONDITIONS OF USE.