Londonist DMC Ltd (“Londonist”) is a limited company registered in England and Wales with a company number 08392889 and VAT registered number 345411128. Our registered office is at 5 Great James Street, London, WC1N 3DB.
Londonist gives notice that all content on this website is set out only for guidance of visitors to the website and does not constitute any part of an offer or contract, until a Confirmation of Enrolment has been sent. All information contained on this website is given without any assumption of responsibility as to the accuracy of the information and should not be relied upon as a statement of fact.
These Terms and Conditions (T&Cs) together with the Licence
Agreement ("Agreement”) set out the conditions of the Licence under which the room has been
booked with Londonist for the length of stay. If there are any discrepancies between the
T&Cs and the Licence Agreement terms, the T&Cs will prevail. These terms also
include:
1- Definitions and Interpretation
1.1 In these
T&Cs we use the following words which have the following meanings (unless stated
otherwise):
Academic Year means a year deemed to be starting from
31st August immediately preceding the Start Date and ending 31st of August of the following
year.
Bedding and Service Fee: a fee for the bedding pack and bathroom pack
and customer services during stay.
Booking Process: a process to be followed
to make a valid booking with Londonist and granting a Licence, further detailed in Clause
3.
Confirmation of Enrolment Letter is a letter which confirms your room has
been secured and will be ready for check-in.
Common Parts
means the areas in the Property provided by the Owner for the benefit of all
tenants such as but not limited to the shared kitchen, living room, bathroom; and also such
roads, paths, entrance halls, corridors, lifts, staircases, landing and other means of access in
or upon the Building the use of which is necessary for obtaining access to and egress from the
Property as designated from time to time by Londonist.
Competent
Authority means any statutory undertaker or any statutory public authority or
other authority or regulatory body or any court of law or government department or any of them
or any of their duly authorised officers.
Deposit is a payment of £250 to
freeze the price of the Room as holding deposit which is non-refundable if you fail to complete
the Booking Process on time. Upon the receipt of Confirmation of Enrolment Letter, the Deposit
is converted to a security deposit automatically to reserve and secure the Property, which will
be refunded to the account that paid the deposit within 4-6 weeks after completing the Deposit
Refund Form at the end of the Licence Period unless otherwise stated in this
agreement.
End Date is the date you will be checking out of the room, as per
your Confirmation of Enrolment letter.
Financier is the person or the entity
who makes the payments on behalf of you or who funds your accommodation and/or educational
expenses.
Licence Agreement is the terms you are bound by during your stay
with us, and includes these T&Cs.
Licence Fee is the fee for your
accommodation, specified in your Licence Agreement.
Licence Fee Payment
Dates means the dates on which the full amount or specific portions of the Licence
Fee become payable, as specified in your Licence Agreement.
Licence Period
is the period from and including the Start Date until 10:00 am on the End Date
inclusive;
Licensee means the person granted to occupy the Room during the
Licence Period, who must be a full-time student enrolled in one of the universities or
accredited educational institutions recognized by and in the United Kingdom ("the
UK”).
Necessary Consents are all the planning permissions and all other
consents, licences, permissions, certificates, authorisations and approvals whether of a public
or private nature which shall be required by any competent authority for the use of the
property.
Owner means the Management of the residence you are staying at.
Permitted Use means the Property may only be used for residential purposes
and not any profession, trade, business or other use other than private
residential.
Property is where you will be staying as confirmed on your
Confirmation of Enrolment.
Room is where you will be staying during your
time with Londonist and includes all of the contents of the room, in the state it was found in
upon check-in.
Room Change Fee means a fee for a Licensee to upgrade their
booking or change their Room.
Start Date means the date on which you
check-in to the Residence. If you have more than one Licence Period or Licence Agreements in the
Academic Year, your Start Date will be deemed to be the date of the original booking. For the
avoidance of doubt, any cancellation or termination request will be assessed and responded by
taking the initial Start Date as base.
VAT means the value added tax
chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar
additional tax.
1.2 Clause, Schedule and paragraph headings shall
not affect the interpretation of these T&Cs.
1.3 A
person includes a natural person, corporate or unincorporated body (whether or
not having separate legal personality).
1.4 Unless the context otherwise
requires, words in the singular shall include the plural and, in the plural, shall include the
singular.
1.5 Unless the context otherwise requires, a reference to one
gender shall include a reference to the other genders.
1.6 A reference to
laws in general is a reference to all local, national, and directly applicable supra-national
laws as amended, extended or re-enacted from time to time and shall include all subordinate laws
made from time to time under them and all orders, notices, codes of practice and guidance made
under them.
1.7 A reference to writing or
written includes fax and e-mail.
1.8 Any words following
the terms including, include, in particular,
for example or any similar expression shall be construed as illustrative and
shall not limit the sense of the words, description, definition, phrase or term preceding those
terms.
1.9 A working day is any day which is not a
Saturday, a Sunday, a bank holiday, or a public holiday in England.
2. Licence to occupy and our obligations
2.1 We
let the Room to you for the length of your stay and it may only be used for the Permitted Use of
personal residence along with all the other rights in these T&Cs. A licence to occupy will
only be granted to the you as a tenancy upon receipt of the Confirmation of Enrolment Letter
after you have paid the deposit and first instalment of Licence Fee within the Decision-Making
Period and this Agreement electronically signed by you.
2.2 You acknowledge
that:
2.3 We reserve for us and all parties authorised by us the following rights over the Property:
2.4 Londonist agrees that by you adhering to the terms in this Agreement, and performing all obligations under clause 3, you will be able to possess and enjoy the Property during the Licence Period without interruption and we will procure that the Owner will:
2.5 You acknowledge that the Owner or Londonist reserves the right to withdraw or suspend services or amenities provided during certain times of the year if we deem it necessary to do so in the interests of good management including but not limited to carrying out repairs or alterations or circumstances out of the Owner’s control.
2.6 You accept that the amenities (gym, cinema, PlayStation room, terrace, garden, or anything stated on the website as marketing materials other than room and the essential parts to occupy) of the Property are not a material fact of our T&Cs and your offer to stay at the accommodation and neither Londonist nor the Owner shall be liable for any costs, expenses, losses, liabilities, damages or actions from withdrawing or suspending amenity services as per clause 2.5.
2.7 Londonist reserves the right to move you to a different Property during the Licence Period for the purpose of carrying out emergency repairs to the Property, provided that:
2.8 Should the Licensee fail to settle any outstanding amount within 5 days following the issuance of a reminder notice, sent via email after the relevant due date, we are entitled to commence legal eviction proceedings without any additional notice. The Licensee will be responsible for all associated legal expenses.
3. Booking Process
3.1 You agree that you must:
4. Licensee's obligations
4.1 You agree and
undertake to:
4.2 You agree to only occupy the Room and Common
Parts for personal residential purposes only and no profession, trade or business whatsoever to
be carried out in the Room or any other use other than private residential.
4.3 You accept that the Licence is exclusive to you and agree that you are
over the age of 18, or will be turning 18 before the Start Date, and that no minors, children,
or people under the age of 18 will be permitted to reside in the Property. In case that you will
turn 18 before the Start Date, the Licence Agreement and Terms & Conditions will be binding
upon these terms, We may require you to sign another Licence Agreement closer to or on the Start
Date. If the new Licence Agreement is not signed, we reserve the right to cancel the bookings
and payments will become non-refundable.
4.4 You agree that in respect of
the Property and the Building, you must not:
4.5 Ensure that any guests invited by you must:
5. Room Change
5.1 You may request at any time
during the term of this Licence a transfer to reasonably comparable alternative space to another
Londonist Room or wish to upgrade their booking. We may in our absolute discretion accept or
reject such a request, subject to you agreeing to pay a Room Change Fee of £100 exclusive of VAT
along with any price difference between the old and new Room depending on the rate of the new
Room.
5.2 In case of necessity, without prejudice to its rights under
clause 8, we shall be entitled at any time on giving not less than 24 hours’ notice to require
you to transfer to reasonably comparable alternative space elsewhere within London and you shall
comply with such requirement.
5.3 You acknowledge that clauses 5.1 and 5.2
are subject to availability of Rooms at that time.
6. Accessing the Room
6.1 This Agreement states
that we are permitted to enter your Room at reasonable times of the day when reasonably prior
notice is given. Our representatives will require entry to the Room for the following purposes
(this list is not exhaustive):
6.2 You accept that in the event of an emergency,
no prior notice is required for our representatives to enter the Room. Londonist or the Owner's
Staff are entitled to enter the Room as reasonably required by the circumstances giving rise to
an emergency. If possible, in all circumstances, the Londonist or Residence staff will ask for
consent for entry from you.
6.3 Nothing in this clause limits the existing
and separate powers of the police to enter the Room under existing legislation when needed.
7. Cancellation
7.1 You may, by
notice in writing to us cancel this agreement up to six weeks before the Start Date. In such
case you shall be liable to pay the Bedding and Service Fee and the Deposit Payment which shall
become non-refundable, and
7.2 You may, by notice in writing to us cancel
this agreement in the 6-week period immediately before the Start Date. In such case, you shall
remain liable to pay;
7.3 Visa Refusal: At least 6 weeks prior to the Start Date, you may, on receipt of notice from the British Embassy that your application for a visa to enable entry to the UK has been refused, cancel this agreement by notice in writing to us, provided that you also provide us with a copy of the letter from the British Embassy within 7 days of the date of issue. In such case you will remain liable for payment of the Deposit payment.
7.4 We may cancel this agreement on notice in
writing to you prior to the Start Date. In such case all fees previously paid under this
agreement shall be repaid to you.
7.5 You may cancel this agreement after
the Start Date, but shall be liable to pay;
8. Termination
8.1 This licence shall end on the
earliest of:
8.2 Termination of this licence shall not affect
the rights of either party in connection with any breach of any obligation under this licence
which existed at or before the date of termination.
8.3 In the event that
this licence terminates pursuant to clause 8.1(c), (e) or (f) above the full balance of the
Licence Fee shall be due and payable immediately by you.
8.4 Unless
otherwise stated in this agreement, in the case of termination, you shall be liable to pay;
9. Other Services and Council
Tax
9.1 You are responsible for informing the relevant council
of your stay at the Property and paying for all council tax and any other taxes related to the
stay of the Room in the Property. This includes:
9.2 Students who are attending a full-time course that lasts at least one academic year, requires at least 24 weeks’ attendance each year, and involved a minimum of 21 hours’ study per week are exempt from paying council tax. You agree that:
9.3 Any sums payable by the you under these T&Cs must be paid on or before the due date. In the event of non-payment by the due date, daily interest shall accrue on any outstanding amount at the rate specified in clause 4.1(r) from the date the payment becomes overdue until the date of actual payment. You shall remain fully liable for the outstanding amount and any accrued interest, which shall become immediately payable upon demand by us.
10. Subletting
10.1 In
accordance with clause 2.3(b), the Licence Agreement is personal to you and is not assignable.
You agree and undertake not to assign, sublet, or charge the Room with possession or share
occupation of the Room under any circumstances.
10.2 If you assign this
lease or sublet the premises to any third party, you acknowledge that this is a material breach
of the Licence Agreement. This will result in Room access being ceased immediately and you will
be fully liable for payment of the remainder of the Licence Period term and agrees to pay all
costs, damages, and fees, including incurred legal fees necessary to return the Room to us.
11. Transfer of Tenancy
11.1
This clause 11 is regarding clause 10.1 (Subletting).
11.2 Subject to
clause 8 (Termination), if you wish to be released from the contract, you may request to find a
replacement tenant to take over the remainder of the Licence Period. We may reasonably reject
this request if a replacement tenant is not suitable to occupy room and/or is not able to make
the rest of the licence fee and any other applicable fees in advance. It will be your
responsibility to find a replacement tenant and we will have the sole discretion to whether the
new licensee passes the administrative checks and requirements.
11.3 In
effect of clause 11.2, should we to accept the replacement tenant, you will be required to pay
an administration fee of £100 to process this.
11.4 You may only find one
replacement tenant per booking. The replacement tenant must meet the conditions required in this
Licence Agreement and the remainder of the payments are to be made upfront to us. Any decision
to release you from the Licence Agreement is made by Londonist’s sole discretion on a
case-by-case basis. A request for multiple replacement tenants for one licence will be rejected.
12. Bank Charges
12.1 You acknowledge that all
bank charges will be your liability including the charges of you and Londonist. In the event of
any payment made to you by us, including but not limited to the refund of the deposit, the bank
charges will be borne by you. Specifically, in the case of international payments, our
responsibility is limited to releasing the net amount of the refund after deducting any
applicable bank charges. Consequently, all bank charges, whether from yours or Londonist’s bank,
shall be at your expense.
13. Notices
13.1 Any notice given under your
Licence Agreement or T&Cs shall be in writing and shall be delivered by email, hand or sent
by pre-paid first-class post or other next working day delivery service to the relevant party as
follows:
13.2 When a notice is sent by email, the Parties to
be assumed receiving the notice on the following day 10:00 am other than emergency emails
regarding maintenance which will be assumed to be received within 60 mins after sent.
13.3 This clause does not apply to the service of any proceedings or other
documents in any legal action or, where applicable, any arbitration or other method of dispute
resolution.
14. No warranties for use or condition
14.1 We
give no warranty that the Property possesses the Necessary Consents for the Permitted Use.
14.2 We give no warranty that the Property is physically fit for the
purposes specified in clause 2.(b).
14.3 You acknowledge that you do not
rely on, and shall have no remedies in respect of, any representation or warranty (whether made
innocently or negligently) that may have been made by or on behalf of you before the date of
this Licence as to any of the matters mentioned in clause 1 or clause
14.2.
14.4 Nothing in this clause shall limit or exclude any liability for
fraud.
15 Limitation of our
liability
15.1 Subject to clause 2, we are not liable for:
15.2 Nothing in clause 15.1 shall limit or exclude our liability for:
16. Severance
16.1 If any
provision or part-provision of this Agremeent is or becomes invalid, illegal, or unenforceable,
it shall be deemed deleted, but that shall not affect the validity and enforceability of the
rest of this agreement.
16.2 If any provision or part-provision of this
agreement is deemed deleted under Clause 14.1, the parties shall negotiate in good faith to
agree a replacement provision that, to the greatest extent possible, achieves the intended
commercial result of the original provision.
17. Jurisdiction
Each party irrevocably agrees
that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or
claim arising out of or in connection with this licence or its subject matter or formation
(including non-contractual disputes or claims).