APPENDIX 1 – GUEST TERMS AND CONDITIONS
(SHORT TERM RENTALS)
These are the terms and conditions on which the Host will make available to Guests the accommodation shown on Argyl’s website on a short-term holiday basis.
Please read these terms carefully before making a booking for such services.
Argyl is acting as the booking agent for the Host. By booking directly through Argyl’s website, you automatically agree to these terms and conditions.
THE GUEST'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 (LIMITATION OF LIABILITY).
Interpretation
Definitions:
The following definitions and rules of interpretation apply in these Conditions (as defined below).
Additional Licence Fee
as defined in clause 5.1.11.
Additional Services
means any additional services provided to the Guest which may include, but are not limited to, the provision of child-care equipment, in-stay cleans and linen changes and airport transfers.
Agreement
means the agreement between the Host and the Guest for the rental of the Property in accordance with these Conditions.
Argyl
means Argyl Group Limited registered in England and Wales under company number 13725213 and whose registered office address is at 2 Hampton Court Road, First Floor, Birmingham, B17 9AE.
Booking
means the holiday booking made by the Guest to stay at the Host’s Property for the Licence Period, and which is governed by the terms of the Agreement.
Booking Date
as defined in clause 2.4.
Booking Validation
means the identity check process (including the provision of a photographic ID) that the Guest may be required to submit to.
Business Day
means any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England, between the hours of 9:00am and 5:00pm.
Check-In Date
means the date from which the Guest is entitled to enter the Property, as set out in the Booking.
Check-In Time
means the time on the Check-In Date from which the Guest is entitled to enter the Property, as set out in the Booking.
Check-Out Date
means the date on which the Guest must vacate the Property, as set out in the Booking.
Check-Out Time
means the time on the Check-Out Date by which the Guest must vacate the Property, as set out in the Booking.
Cleaning Fee
means the fee paid by the Guest for the cleaning of the Property on or before the Check-In Date.
Competent Authority
means any statutory undertaker or any statutory public local 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.
Conditions
means these terms and conditions, as amended from time to time in accordance with clause 13.1.
Deposit
means the deposit paid by the Guest in relation to the Booking, the amount of which is stated in the Booking.
Essentials
means drying-up cloths, soap, lavatory paper, washing-up liquid, soap powder and cleaning materials.
Guest
means the person who makes the Booking through Argyl to stay in the Property in accordance with these Conditions, and any other persons for whom the Booking is made (as specified in the Booking).
Host
means the owner(s), licensee(s) or tenant(s) (as appropriate) of the Property.
Invitees
means any person invited to visit the Property by the Guest during the Licence Period.
Licence
means the licence to occupy the Property granted pursuant to clause 4.1.
Licence Fee
means the sum of the total nightly rates payable by the Guest in relation to the Licence Period.
Licence Period
means the period from and including the Check-In Date until and including the Check-Out Date.
Price
means the total price for the Booking, including the Cleaning Fee, the Licence Fee and the Service Charge and all other charges agreed between the Guest and Argyl and set out in the Booking.
Property
the land and buildings as defined in the Booking, which will include all fixtures and fittings, furnishings and plant and machinery thereon.
Property Damage
any damage to the Property that was directly or indirect caused by the Guest’s actions or inactions (and including those of their Invitees).
Service Charge
means the sum of 5% of the Licence Fee, payable by the Guest in addition to the Licence Fee in consideration for the Services.
Services
the provision of accommodation in accordance with these Conditions.
VAT
value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.
Website
as defined in clause 2.1.
Where the Host or the Guest consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under the Agreement and not just a proportionate part).
Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and will include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
A reference to writing or written includes e-mail.
Nature of the Agreement
These are the terms and conditions on which the Host will make available to Guests the accommodation shown on Argyl’s website (the “Website”). These Conditions only apply where the Guest makes a Booking directly through Argyl. These Conditions do not apply where the Guest makes a booking in relation to the Property through any third party provider.
Please read these terms carefully before making a reservation through Argyl. These terms tell Guests who Argyl is, how Argyl represents the Host, how the Host will provide the Services to Guests, how the Host or Argyl (on the Host’s behalf) may change or end the licence under which Guests will occupy the accommodation, what to do if there is a problem and other important information.
Argyl represents the Host as its agent and matches Guests to accommodation belonging to the Host. The Guest can make a request for a Booking by submitting a request on Argyl’s Website or by phone or email.
When a Guest’s booking is accepted the Guest will be entering into a contract directly with the Host, not with Argyl. The Host is responsible for making the Property available to a Guest in accordance with these Conditions. The Booking request will only be deemed to be accepted when Argyl issues written acceptance of the Booking request, at which point and on which date the Agreement will come into existence between the Host and the Guest (“Booking Date”).
If Argyl is unable to accept the Guest’s Booking request, Argyl will inform the Guest of this and will not charge the Guest for the Booking. This may be because the relevant Property is unavailable on the dates requested by the Guest.
If the Guest wishes to make a change to the Booking or the Additional Services it has ordered, the Guest must contact Argyl. Argyl will notify the Guest whether the change is possible and if so, whether any changes will be required to the Price or anything else which would be necessary as a result of the requested change and ask the Guest to confirm such changes.
Any descriptive matter or advertising issued by Argyl, and any descriptions or illustrations contained in Argyl's catalogues or brochures or displayed on Argyl’s website, are issued or published for the sole purpose of giving an approximate idea of the Property or the Services. They will not form part of the Agreement or have any contractual or other legal force or effect.
These Conditions apply to the Agreement to the exclusion of any other terms that the Guest at any time seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Supply of Services
Subject to clause 3.2 Argyl will supply the Services and the Additional Services to the Guest, on behalf of the Host and acting as the Host’s agent, in accordance with these Conditions.
Argyl reserves the right to make any changes to the Booking, the Services or the Additional Services, if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Booking or the Services.
Licence to occupy
The Booking gives the Guest a non-exclusive Licence to enter, occupy and use the Property during the Licence Period subject to:
the Guest’s compliance with these Conditions and applicable law; and
Argyl’s rights and those of the Host and anyone authorised by Argyl or the Host to enter the Property in accordance with these Conditions or applicable law. Such entry may be for purposes that include, but which are not limited to, entry to the Property during a Guest’s stay to provide cleaning/housekeeping services or to undertake maintenance or repairs.
The Licence granted by these Conditions is personal to the Guest.
The Guest shall occupy the Property as a licensee and this Agreement does not confer exclusive possession on a Guest or create the relationship of landlord and tenant. Guests will not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when this Licence ends.
Provided the Guest has paid the Price and Deposit in accordance with clause 7.3, the Licence will come into effect on the Check-In Date and immediately thereon the Guest agrees that the Licence shall apply as between the Host and the Guest. The Licence will not come into effect unless and until the Guest has paid the Price and the Deposit.
The Guest acknowledges that Argyl may carry out verification checks to ensure the Guest has a valid immigration status and the appropriate “right to rent” the Property during the Licence Period. If the Guest fails to pass such verification checks, then this shall constitute a material breach of the Agreement by the Guest.
The Guest agrees that the Host retains control and possession of the Property and the Guest has no right to exclude the Host from the Property.
Guest's obligations
The Guest agrees and undertakes:
to submit to and comply with the Booking Validation;
to provide Argyl with any documents and other information Argyl reasonably requires to complete the verification checks described at clause 4.5;
to enter the Property no earlier than the Check-In Time, on the Check-In Date, as stated in the Booking;
to leave the Property no later than the Check-Out Time, on the Check-Out Date, as stated in the Booking;
to notify Argyl without delay of any Property Damage at the Property and to act as soon as they become aware of any Property Damage or problem to minimise its effects and prevent it becoming worse or causing nuisance to the occupier of any neighbouring premises;
to notify Argyl without delay if any appliances or equipment in the Property are not in good working order;
to use the Property only as permitted by these Conditions and always in a reasonable and responsible manner;
to take full responsibility for the behaviour of any person they have permitted to enter the Property (including any Invitees);
to take appropriate steps to ensure the security of the Property during the Licence Period;
to keep the Property appropriately and safely ventilated to ensure that there is no build-up of damp, moisture, cooking smells, smoke or grease and to take care to avoid blocking or causing damage to drains or sanitary appliances;
to pay an additional fee for each day the Guest stays in occupation of the Property after the Check-Out Time on the Check-Out Date, at the nightly rate applicable to the Property at the time the Guest remains in occupation (the “Additional Licence Fee”);
notwithstanding clause 5.1.11, that any period during which the Guest remains in occupation outside of the Licence Period shall be a trespass by the Guest on the Host’s Property;
to keep and leave the Property, fixtures, fittings and furnishings in good condition, clean, tidy and clear of rubbish and to be responsible for any damage caused to any of them;
to operate any appliance, fixtures and fittings at the Property must be operated in accordance with instructions provided and in a reasonable and careful manner;
to remove all the Guest’s belongings from the Property at the end of the Licence Period;
in the event that the Guest leaves any belongings at the Property, to pay the reasonable expenses incurred by the Host or Argyl, as applicable, in storing or returning (at Argyl’s discretion) the belongings to the Guest;
not to cause any damage to the walls, doors or windows or any part of the Property, Building or any neighbouring property;
not to use the Property other than as holiday accommodation and not to allow more than the number of Guests stated in the Booking to stay overnight at the Property during the Licence Period or at any other time;
not to allow any Invitees to stay overnight at the Property or to invite so many Invitees to the Property as to exceed the advertised sleeping capacity of the Property;
to ensure all children under the age of 14 are supervised by an adult Guest or Invitee at all times;
not to keep or allow any pet or animal of any kind at or into the Property without the prior written consent of the Host;
to pay for any damage caused or extra cleaning costs incurred by any pets which are allowed at the Property;
to clean any and all pet refuse;
not to make any alteration or addition whatsoever to the Property;
not move any furnishings, fixtures or fittings in the Property;
not to do or permit to be done on the Property anything which is illegal or which may reasonably be considered to be a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Host or to any tenants or occupiers of the Building (if applicable), or any owner or occupier of a neighbouring property;
not to hold parties of any kind at the Property;
not to do anything that will or might constitute a breach of any Necessary Consents affecting the Property or which will or might invalidate in whole or in part any insurance effected by the Host in respect of the Property and the Building from time to time, or increase the premium of any such insurance policy;
not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish on or within them;
to comply with all laws and with any recommendations of the relevant suppliers relating to the supply and removal of electricity, gas, water, sewage, telecommunications and data and other services and utilities to or from the Property;
not to use electricity, gas, water, sewage, telecommunications and data or any other services and utilities to or from the Property in a manner which the Host (acting reasonably) considers to be excessive. Use shall be excessive if it is beyond what is reasonably necessary for the enjoyment of the Property as holiday accommodation;
not to pick or pull up any flowers or plants in the garden (if applicable) and to keep the garden tidy;
to park any car, motor cycle or other vehicle only in the parking space(s) provided (if any);
not park any commercial vehicle in the parking space(s) provided;
to use all reasonable efforts not to overload the electrical system;
to observe any reasonable rules and regulations the Host makes and notifies to the Guest from time to time governing the Guest's use of the Property and the Common Parts;
not to use the Property except for the purpose of a holiday during the Licence Period and not for any other purpose or longer period;
not to do anything on or in relation to the Property that would or might cause the Host to be in breach of the tenant's covenants and the conditions contained in a lease of the Property (if applicable); and
to indemnify Argyl for itself and for and on behalf of the Host and keep the same indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
any breach of the Guest's undertakings contained this clause 5; and/or
the exercise of any rights given to the Guest under the Licence and this Agreement.
All obligations on the Guest in respect of the Property apply equally in relation to any building of which the Property forms part and in relation to any access, parking or right of way associated with the Property.
The Guest understands and acknowledges that it shall be liable and shall pay in full for all and any Property Damage to the Property that occurred during the Licence Period or thereafter, where it is shown that the Property Damage’s origin was caused during the Licence Period.
If the Guest does not report Property Damage to the Host or Argyl (as set out in clause 5.1.5) and where it can be shown (in Argyl’s sole opinion) that the Property Damage occurred during the Licence Period, it will be assumed that the Property Damage was caused by the Guest (or its Invitees) and the Guest shall be liable for any such damage in full.
The Guest agrees to indemnify Argyl for itself and for or on behalf of the Host for any fees or charges Argyl or the Host might have to pay, including compensation to occupiers of neighbouring premises caused by the Guest's actions or failure to fulfil any of the obligations in this Agreement.
Wherever possible, the Guest will take a photographic record of the Property at the start and the end of the Booking. If the Guest chooses not to do this, the Guest acknowledges that it will be hard for them to prove, in the event of Property Damage, that they did not cause such damage.
The Guest acknowledges that the cost of Property Damage will be determined at Argyl’s sole discretion.
Argyl Obligations
Argyl (or the Host if stated in a Booking) shall:
communicate with Guests in relation to the Booking and during the Licence Period and use reasonable endeavours to answer any Guest questions in relation to the Booking;
greet each Guest, hand over keys and give them a tour of the Property on the Check-In Date (or such other date as agreed between Argyl and the Guest). If this is not possible, the Argyl (or the Host) shall provide the Guest with specific instructions of where to pick up the keys to the Property either on or before the Check-In Date;
provide such Essentials as Argyl (or the Host) deems necessary at the start of the Licence Period;
supply clean towels and bed linen including sheets, duvet covers and pillowcases; and
ensure that the Property and any fixtures, fittings and furnishings will be professionally cleaned prior to the Check-In Time.
Price and Payment
The Price, the Deposit and the charges for any Additional Services will be as set out in Argyl’s brochures, on its website pages or as otherwise notified to the Guest by Argyl prior to the Booking Date.
The Guest acknowledges that they are liable for the full reservation amount owed to the Host and any cancellation or refund is subject to the Host’s cancellation terms.
The Guest will pay the Price, the Deposit and any charges in respect of Additional Services to Argyl without any deduction on the Booking Date, together with such VAT as may be chargeable on the Price.
If the Guest is required to pay an Additional Licence Fee in accordance with clause 5.1.11, Argyl will deduct the Additional Licence Fee from the Deposit and/or, if the Deposit amount is insufficient, invoice the Guest in respect of the Additional Licence Fee on or after the date on which the Guest vacates the Property. Such invoice will be payable by the Guest within 30 days of the date of the invoice..
The Guest may pay Argyl by any of the following means:
For reservations made more than 72 hours before Check-in, guests can pay online by debit or credit card (including Visa, MasterCard, Maestro or American Express);
For reservations made less than 72 hours before Check-in, guests must pay at check-in via debit/credit card.
BACS payment (bank transfer), available no less than 7 days before Check-in and applicable only after payment proof is provided.
any other payment method which Argyl makes available to guests under exceptional circumstances (if none of the above mentioned methods is available).
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the Guest’s card issuer refuses to authorise payment, the Booking may be delayed or may not be completed and Argyl will not be liable to the Guest for any delay or non-delivery. If possible, Argyl will inform the Guest if payment is delayed or cannot complete due to the card issuer refusing to authorise payment.
Argyl will not be responsible for a card issuer or bank charging the Guest as a result of processing of a credit/debit card payment in accordance with the Agreement, nor will Argyl be obliged to inform the Guest of any reason for refusal.
By using a credit or debit card, the Guest confirms that they have authority to do so, and that there are sufficient funds or credit available to cover the Price or other payment being made.
If the Guest does not make any payment to Argyl by the due date, Argyl may charge interest to the Guest on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Guest must pay Argyl interest together with any overdue amount.
The Guest agrees not to make, at any stage, any chargeback against the Host.
Deposit
Where the payment of a Deposit by the Guest is required for a Booking, the Guest agrees to provide details of a payment card which shall remain valid until at least 30 days after the Booking has been completed. The Guest shall pay the Deposit to Argyl in accordance with clause 7 above.
Argyl may hold the Deposit (in whole or in part and without notice), to be applied against: the reasonable repair, replacement and/or cleaning of:
fixtures; fittings; walls, ceilings and doors; furnishings; kitchen equipment; crockery; glasses; floor coverings; bedding; and towels, which are damaged or soiled (otherwise than by usual wear and tear) during the Licence Period by the Guests, any Invitees or any pets;any increased cleaning charges made necessary by the act or omission of the Guest, any Invitees or pets; any use of the services and utilities at the property which exceeds the following fair usage thresholds:
gas:
1 bed property
£35
2 bed property
£47
3 bed property
£57
4 bed property
£66
5 + bed property
£80
electric:
1 bed property
£36
2 bed property
£50
3 bed property
£60
4 bed property
£67
5 + bed property
£82
any unpaid telephone charges;
any other items within the Property which are damaged or go missing from the Property by any act or omission of the Guest, any Invitees or any pets during the Licence Period;
any keys or access cards/fobs etc. required to replace keys lost by the Guest;
any fines incurred by the Host or Argyl which are caused by any act or omission of the Guest, any Invitees or pets; and/or
any Property Damage.
Argyl shall return the Deposit to the Guest within 10 Business Days of the Check-Out Date, unless Argyl or the Host become aware of any Property Damage or any other charges or deductions referred in this clause 8 (in respect of which monies can be deducted from the Deposit or otherwise under this clause 8) before such date.
If Argyl becomes aware of any Property Damage or any other charges or deductions referred in this clause 8, Argyl shall, as soon a reasonably practicable after being made aware of the damage:
without notice to the Guest, deduct the amount it reasonably considers necessary from the Deposit (by, if necessary, drawing against the payment card used by the Guest when making the Booking);
refund any remaining Deposit monies to the Guest; and
notify the Guest in writing of any such deductions, together with any evidence Argyl has for making any such deductions on or before the day it makes any such refund.
If the value of any Property Damage or missing items or other charges or deductions referred in clause 8.2 is greater than the amount of the Deposit, then the Guest shall be liable to pay such extra cost and Argyl shall invoice the Guest for the same, such invoice to be paid within 30 days of the date stated on it.
If the Deposit monies are not sufficient to cover the Guest’s liabilities under this clause 8, Argyl will be entitled to draw any additional amounts from the payment card with which the Booking was made by giving the Guest two Business Days’ prior notice.
Argyl’s right to draw against the payment card will expire at the end of 14 days after the Check-Out Date and date of the Booking unless Argyl notifies the Guest by this time of potential Property Damage or other charges or deductions referred in clause 8.2 which requires further investigation. The right to draw against the payment card as per clause 8.4.1 will then be automatically extended (and without notice to the Guest) until the end of any investigation.
If the Guest causes Property Damage and does not meet their associated liabilities, the Guest understands and acknowledges that their details may be held on a watchlist.
Termination and Cancellation
The Agreement will automatically terminate on the later of:
the end of the Licence Period; or
completion of the Services by Argyl, including any Additional Services.
In some circumstances Argyl may need to cancel a Booking, for example if there is an unforeseeable event affecting the Property or the Host’s ability to make it available or damage to or around the Property. In those circumstances Argyl will give Guests as much notice as reasonably possible and Argyl may offer the Guest alternative accommodation. If Argyl is not able to offer the Guest alternative accommodation or the Guest does not wish to stay at the alternative accommodation, the Agreement will terminate.
Either party may terminate the Agreement at any time without notice if the other party is in material breach of the terms of the Agreement.
The Agreement shall terminate immediately upon a material breach by the Guest occurring under clause 4.5.
In the event that Argyl terminates the Agreement otherwise than for material breach of the Agreement by the Guest pursuant to clause 9.3 or clause 9.4:
if before the Check-In Date, Argyl shall return the total Price to the Guest; and
if after the Check-In Date, (subject always to clause 8) Argyl shall return to the Guest the appropriate proportion of the Price attributable to the then unexpired remainder of the Licence Period.
If the Agreement is terminated for material breach of the Guest under clause 9.3 or clause 9.4, Argyl will not be obliged to refund the Price or any part of it to the Guest, apart from the Cleaning Fee (provided the Agreement is terminated prior to the Check-In Date).
If the Agreement is terminated by Argyl under clause 9.3 or clause 9.4, Argyl will not refund any taxes which have or will become due and payable as a result of the Booking.
If the Guest terminates the Agreement one month or more prior to the Check-In Date, Argyl shall refund to the Guest 50% (fifty per cent) of the Price. Different cancellation policies may apply as per initial arrangement between the Guest and the Argyl reservations team.
If the Guest terminates the Agreement at any time after the date one month prior to the Check-In Date Argyl will not be obliged to refund any part of the Price to the Guest, but will refund the Cleaning Fee to the Guest if cancellation happens before the Check-In Date.
Termination or cancellation of the Agreement will not affect the rights of either party in connection with any breach of any obligation under the Agreement which existed at or before the date of termination.
On termination of the Agreement:
if the Guest is still in occupation of the Property, the Guest will vacate the Property as soon as reasonably practicable but in no event later than the Business Day following termination of the Agreement;
the Guest will immediately pay to Argyl any outstanding sums or charges payable by Argyl pursuant to the Agreement and any interest thereon; and
the Licence will automatically terminate.
Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement will remain in full force and effect.
Personal Data
Any personal data collected and/or processed by Argyl in providing the Services to the Guest will be processed in accordance with Argyl’s Privacy Policy available at [INSERT LINK] or such other website address as may be notified to the Guest from time to time, as such document may be amended from time to time by Argyl in its sole discretion.
Limitation of liability
Subject to clause 11.1, Argyl does not compensate Guests for any losses caused by Argyl, the Host, the Services or the Additional Services.
Argyl does not exclude or limit in any way its liability to the Guest where it would be unlawful to do so. This includes liability for death or personal injury caused by Argyl’s negligence or the negligence of Argyl’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Guest’s legal rights in relation to the Services including the right to receive Services which are: as described and match information Argyl provided to the Guest; and supplied with reasonable skill and care.
Guests are only permitted to occupy the Property for domestic and private use. If the Guest uses the Services for any commercial, business or re-sale purpose Argyl and the Host will have no liability to the Guest for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Notwithstanding clause 11.2, Argyl and the Host is not liable for:
the death of, or injury to the Guest, their Invitees to or any pets at the Property; or
damage to any property of the Guest or any Invitees to the Property; or
any losses, claims, demands, actions, proceedings, damages, costs or expenses, or other liability incurred by Guest or the Guest's Invitees to the Property in the exercise or purported exercise of the rights granted to the Guest under the Agreement.
Argyl’s and the Host’s total liability arising under or in connection with the Agreement shall be limited to the maximum amount paid to Argyl by the Guest under the Agreement.
DISCLAIMER
Argyl does not warrant the suitability, performance, safety, quality or legality of any Property for a Guest’s requirements. Argyl is not responsible for any outages or disruptions in relation to the supply of any utilities or any internet or telecommunications infrastructure.
Throughout the Licence Period Guests and Invitees are responsible for their own health, safety and welfare and for their own acts and omissions and the consequences of them. It is the Host’s responsibility to ensure the Property complies with all reasonable health and safety requirements.
OTHER IMPORTANT TERMS
Amendments to these Conditions. Argyl reserves the right to amend these Conditions at any time in accordance with this provision. If Argyl make changes to these Conditions Argyl will notify the Guest in writing of any amendments that may affect the Booking.
Argyl may transfer this agreement to someone else. Argyl may transfer a Guest’s rights and obligations under these Conditions to another organisation. Argyl will always tell a Guest in writing if this happens and Argyl will ensure that the transfer will not affect a Guest’s rights under these Conditions.
Guests need Argyl’s consent to transfer rights to someone else. Licences are personal to Guests and Guests are not permitted to transfer or assign their rights under or in respect of the Licence or their rights or obligations under these Conditions without Argyl’s prior written consent.
Nobody else has any rights under these Conditions. This Agreement is between the Guest and the Host. No other person, except Argyl on the Host’s behalf, shall have any rights to enforce any of its Conditions.
If a court finds part of these Conditions illegal, the rest will continue in force. Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if Argyl or the Host delay in enforcing rights under these Conditions, Argyl and the Host can still enforce them later. If Argyl or the Host do not insist immediately that a Guest does anything it is required to do under these Conditions, or if Argyl or the Host delay in taking steps against a Guest in respect of a Guest breaking these Conditions, that will not mean that a Guest does not have the right to do those things and it will not prevent us taking steps against a Guest at a later date.
Events beyond Argyl’s control. Neither Argyl nor the Host will be responsible for any hinderance, delay or failure to comply with these terms if the hinderance, delay or failure arises from any event which is beyond the Host’s or Argyl’s reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism, burglary, utilities supply failure or malicious damage to or destruction of Argyl’s premises, equipment, goods or the Property.
Which laws apply to these Conditions and where may legal proceedings be brought. The agreement created between the Host and a Guest and any dispute or claim (including non-contractual disputes or claims) between the Host and a Guest or between Argyl and a Guest arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Argyl, the Host and the Guest each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or their subject matter or formation.
Notices: Any notice or other communication given by the Guest to Argyl under the Agreement will be in writing and will be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to Argyl at its registered office address, or by email
Any notice or other communication given by Argyl to the Guest will be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to the postal or email address held for the time being by Argyl for the Guest. If Argyl gives notice to the Guest during the Licence Period, then the notice will be validly given if delivered to the Property.
Any notice or other communication given in accordance with this clause 12 will be deemed to have been received:
if delivered by hand, on signature of a delivery receipt or at the time the notice or other communication is left at the proper address, unless not on a Business Day, in which case it will be deemed delivered at 9:00am on the next Business Day;
if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second Business Day after posting; or
if sent by email, eight hours after transmission (unless a notification of non-delivery is received).
This clause 13 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.
