Booking terms and conditions
IMPORTANT
Please read the following Booking Terms and Conditions carefully and keep a copy for future reference. They apply to all Reservations, however made.
The Website, the information contained on it and these Booking Terms and Conditions are provided in English only. If you do not understand any part of the Booking Terms and Conditions please contact the Accommodation Office as detailed in the Particulars. If you choose to access the Website from locations outside of the United Kingdom, you are responsible for compliance with local laws (if and to the extent they apply).
These Booking Terms and Conditions set out the basis on which we accept Applications and allocate Reservations for accommodation at our Locations. You must accept these Booking Terms and Conditions in accordance with Clause 4 (Accepting the Booking Terms and Conditions) in order to make a Booking.
The booking process is as follows, as more particularly detailed in these Booking Terms and Conditions:
– you first make an Application;
– we will consider your Application and we may then place a Reservation on a Room for you while we wait for your initial payment and the other conditions in these Booking Terms and Conditions are satisfied;
– once we send you a Booking Confirmation, you have a Booking for that Room subject to the cancellation rights set out in these Booking Terms and Conditions; and
– on the Start Date, provided that you have met the conditions in clause 9.2 and we have not cancelled your Booking under these Booking Terms and Conditions, your tenancy starts under the Residence Agreement.
Nothing in these Booking Terms and Conditions adversely affects your statutory rights either as a consumer or otherwise.
These Booking Terms and Conditions do not constitute a tenancy until the Residence Agreement is granted or becomes effective in accordance with the following provisions (and upon it being granted, such tenancy will take effect as either a tenancy governed by the Housing Act 1988 or as a common law tenancy, depending on the law in force at that time as it applies to the Residence Agreement).
The tenancy to be granted by this Residence Agreement is a tenancy which cannot be an assured tenancy on the basis that:
(1) a member of a specified housing management code of practice is either: (a) a person appointed to act on the Landlord’s behalf in respect of this tenancy; or (b) a person appointed to discharge management functions in respect of the Location; and
(2) you have represented to us in your Application that you are pursuing or intending to pursue a course of study at a Specified Educational Institution.
Notwithstanding the above, the Landlord gives notice to the Student that should, for any reason, this tenancy be determined (terminated) by a competent authority as an assured tenancy, that the Landlord wishes to be able to recover possession on the basis that: (a) the Student meets the student test when the tenancy is entered into; and the landlord intends, on the next occasion on which the Room is let, to let it to a tenant who meets the student test when that new tenancy is entered into.
1. DEFINITIONS AND INTERPRETATION
1.1. In these Booking Terms and Conditions we use the following words which have the following meanings (unless otherwise stated):
Accommodation Office means the accommodation office for the Location, as detailed in the Particulars;
Application means the information and documents you submit to us (online or otherwise) requesting to reserve a Room for you;
Booking means the binding agreement between you and us for you in respect of the allocated Room for the Duration on the terms of these Booking Terms and Conditions and the Residence Agreement. A Booking is created when we send you a Booking Confirmation.
Booking Confirmation means the email sent by us to you confirming your Room, the Duration, the Residence Fee, your Payment Schedule and your acceptance of these Booking Terms and Conditions;
Booking Terms and Conditions means the terms and conditions set out in this document (including the Schedules where applicable) as amended from time to time in accordance with Clause 14;
Change of Study Circumstances means that, after you have made your Application:
(a) you have withdrawn from, or been excluded from, or refused admission to, the Specified Educational Institution; or
(b) you have been absent from your course at the Specified Educational Institution for more than sixty (60) days due to illness and have agreed with the Specified Educational Institution to suspend your studies.
Check-In Date means the date on which you check-in to the Location, which may be different from the Start Date;
Cooling- Off Period means 7 days from and including the date of your Application if your Application is made between 1st November & 30th June, or 48 hours from and including the time of your Application if your Application is made between 1st July & 31st October.
Deposit means £400.00, being a payment we require from you to cover any damage to our property and/or outstanding fees or costs, which will be held in accordance with paragraph 6.4 (Deposit and compensation for breaches) of the Residence Agreement;
Details List means the details list in Schedule 1 (Details List) confirming the telephone number, email, and address for each Location;
Duration means the period from the Start Date to the End Date inclusive;
End Date means the date on which you must vacate the Room, as detailed in the Particulars;
Initial Payment means the initial portion of the Residence Fee we ask you to pay in order to receive a Booking Confirmation, as detailed in the Payment Schedule, which forms part of the Residence Fee;
Instalment means any of the instalments outlined in the Payment Schedule, and Instalments means all of them;
Late Application means an Application submitted in the period of up to thirty (30) days before the Start Date;
Location means the site at which the Room is located (being [insert relevant location name] as specified in the Particulars);
Particulars means the particulars set out at the beginning of these Booking Terms and Conditions which list the details specific to your Reservation;
Payment Schedule means the agreed payment schedule outlined in the Particulars;
Policies means the following documents (as updated from time to time and available on the Website and/or at the Location):
(a) our Refund Policy;
(b) our Privacy Policy;
(c) our Code of Conduct; and
(d) any location‑specific house rules or similar policies that we tell you apply to your Booking on or before the date we send you the Booking Confirmation.
Refund Policy means our refund policy available on the Website which outlines your entitlement to a refund;
Reservation means a temporary hold we place on a Room for you after we receive your Application, pending the Booking Confirmation (or cancellation as the case may be) and payment of the Initial Payment and Deposit by you on the dates shown in your Payment Schedule;
Residence Agreement means the legal agreement/tenancy relating to your occupancy of the Room at the Location, as detailed in Schedule 2 (Residence Agreement);
Residence Fee means the amount you have agreed to pay as rent for the Room for the Duration, payable in accordance with the Initial Payment and the Instalments, as detailed in the Payment Schedule. The Residence Fee is inclusive of all utility bills relating to your Room.
Required Documentation means the following documentation which you must provide before we can accept you as a resident on the Check-In Date:
1. your passport or government-issued ID or other form of identification (e.g. National Insurance number) and,
2. your UCAS or other student ID number verifying that you have been accepted on a course of study at a Specified Educational Institution (in accordance with the Government’s definition – see our separate explanatory guide which can be found on our Website).
Room means the room at the Location which you are contracting for, as detailed in the Particulars;
Start Date means the date from which you are entitled to start using the Room, as detailed in the Particulars subject always to these Booking Terms and Conditions (including our right to cancel your Booking under Clauses 7 and 9);
Student means the person identified as the individual for whom the Reservation has been made and who intends to take up the Residence Agreement, as named in the Particulars;
We, our or us means the relevant landlord company set out in the Particulars as owner of the relevant Location or any person entitled to receive rent under these Booking Terms and Conditions;
Website means the website we operate from the URL scape.com or the “Scape App” which can be accessed as described on our website.
Working Day means any day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in England under the Banking and Financial Dealings Act 1971; and
you or your means the Student named in the Reservation and entering into the Residence Agreement.
1.2 Interpretation
1.2.1. Headings used in these Booking Terms and Conditions are for convenience only and shall not affect the interpretation of these Booking Terms and Conditions.
1.2.2. Unless otherwise specified, a reference to a Clause or a Schedule is to a clause in or a schedule to (and forming part of) these Booking Terms and Conditions, and a reference to a paragraph or an annex is to a paragraph of or an annex to a Schedule.
1.2.3. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation made pursuant to it.
1.2.4. Any reference to the Location includes, where appropriate, a reference to the Room.
1.2.5 Any reference to days is reference to calendar days.
1.3. Any termination of these Booking Terms and Conditions shall not affect any pre-existing rights of any party against the other.
2. YOUR STATUS REQUIREMENTS
2.1. By making an Application, you confirm that you are 18 years old or older and have been accepted on a course of study at a Specified Educational Instituion for the Duration.
2.2. You must be 17 or older at the time we issue the Booking Confirmation. We strongly recommend that if you are under 18 at the time of making the Application you involve a parent or guardian when making the Application to ensure that you have understood your obligations.
2.3. For the avoidance of doubt, you must be 18 or older on the Start Date. If you are not 18 or older we reserve the right to cancel your Reservation.
3. AVAILABILITY
3.1. All Applications and Reservations are subject to availability and our acceptance. We do not have to accept any Application or create a Booking. Your Booking is not confirmed until we send you a Booking Confirmation.
3.2. If for any reason the room type you requested is no longer available we will at our discretion either:
3.2.1. offer you an alternative, suitable room type (where this is possible); or
3.2.2. decline your request and add you to our waiting list.
4. ACCEPTING THE BOOKING TERMS AND CONDITIONS
4.1. When you submit an Application you are making an offer to us to enter into a Booking on these Booking Terms and Conditions, the Residence Agreement and the Policies, and you agree to be bound by them if we accept your Application and send you a Booking Confirmation.
4.2. By submitting an Application you confirm that you have been given an opportunity to read and understand these Booking Terms and Conditions, the Residence Agreement and the Policies, and agree to be bound by them.
4.3. Please ensure the details you provide when making an Application are correct and inform us promptly of any changes to those details (e.g. change of email or postal address).
5. BEFORE CHECKING-IN
5.1. After you submit an Application, we may place a Reservation on your chosen Room. To keep that Reservation and move to a Booking, you must pay the Initial Payment and Deposit (or first Instalment for a Late Application) by the date shown in your Payment Schedule.
5.2. If you submit a Late Application, Clause 5.1 will be modified such that there will be no Initial Payment and you will be required to pay the first Instalment by the agreed date outlined in the Particulars.
5.3. When we have received your Initial Payment (or first Instalment in respect of a Late Application) in cleared funds, and we are satisfied that your Application meets the conditions in Clause 9.2, we will send you a Booking Confirmation. At that point your Booking for the Room starts and you are bound by the terms of these Booking Terms and Conditions, the Residence Agreement and the Policies. We may still cancel your Reservation or Booking in the circumstances set out in Clauses 7.5 and 9.
5.4. You must bring the Required Documentation on the Check-In Date.
5.5. If we do not receive the Initial Payment (where applicable), the first Instalment, the Deposit (where applicable) and/or the Required Documentation by the dates required, we may cancel your Reservation (if your Booking has not yet been confirmed) or your Booking (if it has been confirmed) in accordance with clause 7 (Cancellations).
5.6. You agree that we will not be liable for any loss, expense or inconvenience suffered by you if we do not provide you with a Room because of your failure to comply with your obligations in Clauses 5.1, 5.2 and/or 5.4 above.
6. CHECKING-IN
6.1. In advance of the Check-In Date, you will be required to pay the Deposit.
6.2. For the avoidance of doubt, you will not be entitled to use the Room unless you have:
6.2.1. received a Booking Confirmation;
6.2.2. showed your Required Documentation on or prior to the Check-In Date;
6.2.3. paid the first Instalment by the agreed date outlined in the Particulars; and
6.2.4. paid the Deposit.
7. CANCELLATIONS
7.1. You may cancel your Reservation by notifying us in writing by email to bookings.uk@scape.com (or such other email address as we may notify to you) at any time within the Cooling-Off Period.
7.2. If your Start Date is in advance of the Cooling-Off Period ending, you agree that the Cooling-Off Period cancellation rights (referred to in Clause 7.1 above) will cease on the Start Date.
7.3. If you submit a Late Application and you will be checking in before the Cooling-Off Period has expired, you agree that the Cooling-Off Period cancellation rights will end on the Check-In Date.
7.4. If you make a cancellation in accordance with Clause 7.1 above, you will be entitled to a refund of any payments made in accordance with our Refund Policy.
7.5. We may cancel your Reservation or Booking and bring these Booking Terms and Conditions to an end if any of the following occurs or applies:
7.5.1. the information you provide as part of the Application and/or Reservation process turns out to be false; or
7.5.2. you fail to comply with your obligations in Clauses 5.1, 5.2, 5.4 and/or 5.5 (Prior to Checking-In); or
7.5.3 you are not 18 or older at the Start Date (as required under Clause 2.3).
7.6. We will notify you by email if we choose to cancel your Reservation in accordance with Clause 7.5.
7.7. These Booking Terms and Conditions (other than the Refund Policy) will end and cease to have legal force and effect from the date we send you the above email notification. This right of cancellation is separate from the right of termination contained in the Residence Agreement. Please see our Refund Policy for any refunds you may be entitled to.
7.8 Cancellation for Change of Study Circumstances before the Start Date
7.8.1 If, after you have made an Application but before the Start Date, there is a Change of Study Circumstances, you may cancel your Reservation or Booking by giving us written notice by email to bookings.uk@scape.com (or such other email address as we may notify to you) together with evidence reasonably satisfactory to us of the Change of Study Circumstances (for example, a confirming letter from the Specified Educational Institution).
7.8.2 Your Reservation or Booking will be treated as cancelled from the date we receive your notice and evidence in accordance with clause 7.8.1. Any refund of sums you have already paid will be determined in accordance with the Refund Policy.
8. BOOKING AS A SUITABLE REPLACMENT PERSON
8.1 If you make an Application as a Suitable Replacement Person you hereby agree and affirm that:
8.1.1 You neither currently reside at nor hold a Reservation or a Booking for a Room within any other location operated under the Scape brand;
8.1.2 You will not have a right to terminate the Residence Agreement pursuant to paragraph 6.2 of the Residence Agreement.
9. GENERAL TERMS
9.1. By accepting these Booking Terms and Conditions you:
9.1.1. agree to notify us of any changes to your up to date contact details (including change of e-mail address, correspondence address or phone number). You acknowledge that we will not be liable to you if you do not receive a communication from us because you have failed to inform us of changes to your contact details;
9.1.2. agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing;
9.1.3. acknowledge that if we do not receive the Initial Payment, the Deposit and/or the first Instalment (where applicable) from you by the agreed date in the Particulars, we may cancel your (if your Booking has not yet been confirmed) or your Booking (if it has been confirmed) and these Booking Terms and Conditions and you will have no claim against us as a result;
9.1.4. acknowledge that if we do not receive the Required Documentation on your Check-In Date then we may cancel your Reservation (if your Booking has not yet been confirmed) or your Booking (if it has been confirmed) and these Booking Terms and Conditions and you will have no claim against us as a result;
9.1.5. acknowledge that if you provide false information as part of the Reservation process, then we may cancel your Reservation (if your Booking has not yet been confirmed) or your Booking (if it has been confirmed) and these Booking Terms and Conditions and you will have no claim against us as a result;
9.1.6. acknowledge that if you fail to pay any Instalment by the date agreed in the Payment Schedule, we may exercise our rights and remedies under these Booking Terms and Conditions and in law.
9.2. By accepting your Application, we agree to accept you as a resident subject to:
9.2.1. us receiving the Initial Payment before the Start Date (where applicable);
9.2.2. us receiving your payment of any Instalments due before the Start Date;
9.2.3. us receiving your Required Documentation on or prior to the Check-In Date;
9.2.4. you fulfilling the status requirements set out in Clause 2 (Your Status Requirements) on the Start Date; and
9.2.5. you paying the Deposit in advance of the Check-In Date.
9.3 Accordingly, if any of the conditions in Clause 9.2 is not satisfied by the relevant date, we may cancel your Booking in accordance with clause 9.4, in which case the Residence Agreement will not take effect and no tenancy will arise.
9.4 If at any time before the Start Date we reasonably believe that you have not met, or will not be able to meet, any of the conditions in clause 9.2, we may cancel your Booking by emailing you at the email address set out in the Particulars. If we cancel your Booking under this clause 9.4:
(a) these Booking Terms and Conditions (other than any provisions which are stated to survive cancellation) will end and the Residence Agreement will not take legal effect;
(b) no tenancy will arise; and
(c) any refund due to you will be determined in accordance with Clause 7.
10. PRIVACY AND COMMUNICATIONS
10.1. We cannot guarantee the security of data which you send to us by email. Please do not send us payment details using email.
10.2. We (and our appointed third party providers) collect certain personal information (e.g. name, address, email address) about you (Personal Information) when you submit a Reservation. For details on how we use Personal Information, please read our privacy policy available on the Website. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to this Personal Information.
10.3. You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive communications from us because the details you have supplied are incorrect or in the event of telecommunication system failures outside our control.
10.4. We communicate with you by email and by posting notices on our Website.
10.5 We may inform you of special offers, promotions, events and send you newsletters and other information which may be of interest and to enhance your stay with us. Please refer to our Privacy Policy which includes how you can change your marketing preferences.
11. LOSSES
11.1. We will be responsible for any reasonable costs and expenses you suffer as a direct result of us breaching these Booking Terms and Conditions if those costs and expenses were reasonably foreseeable to both you and us at the time the Booking Confirmation is issued. We will not be responsible to you or any third party for any loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from our actions or the actions of our appointed sub-contractors or agents, or is consequential.
11.2. Our liability to you under these Booking Terms and Conditions will not exceed the amount of any deposits, fees or other charges you pay to us.
11.3. Nothing in these Booking Terms and Conditions excludes or limits our liability to you for personal injury or death caused by our negligence.
12.EVENTS BEYOND OUR REASONABLE CONTROL
We will not be responsible to you for any delay or failure to comply with our obligations under these Booking Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control (including failure of telecommunication links).
13. ROOM RATES AND COSTS
Except in cases of obvious errors, the room rates and other accommodation costs will be as quoted on the Website (which may change from time to time). We evaluate room rates and other accommodation costs periodically and reserve the right to update our rates to accord to market conditions. Room rates and other costs will be billed in accordance with the Payment Schedule we agree with you.
14. ALTERATIONS TO THE WEBSITE AND TERMS AND CONDITIONS OF USE
14.1. We reserve the right at any time to make changes to the Website, the Website Terms and Conditions of Use, our privacy policy and any other Policies.
14.2. You will be subject to these Booking Terms and Conditions and the Policies in force at the time you submit an Application, save to the extent that any changes are required by law or we reasonably consider they will not materially disadvantage you. We will take reasonable steps to tell you about any material changes that affect your Booking.
15. ENTIRE AGREEMENT
15.1. These Booking Terms and Conditions, the Residence Agreement and the Policies constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
15.2. Both we and you acknowledge and agree that in entering into these Booking Terms and Conditions neither you nor we have relied on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Booking Terms and Conditions.
15.3. Nothing in this Clause 15 shall limit or exclude any liability for fraud.
16. WAIVER
If you breach the Booking Terms and Conditions or the Residence Agreement, and we take no action we will still be entitled to use our rights and remedies in respect of such breach at a later date or in respect of any other situations where you are in breach.
17. THIRD PARTY RIGHTS
A party which is not a party to these Booking Terms and Conditions shall have no rights to enforce any terms under the Contract (Rights of Third Parties) Act 1999.
18. ENQUIRIES
Please see the Details List for information on where to direct enquiries.
19. SEVERABILITY
19.1. If any provision (or part of a provision) of these Booking Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
19.2. Any modification to or deletion of a provision (or part of a provision) under this Clause 19 shall not affect the legality, validity and enforceability of the rest of these Booking Terms and Conditions.
20. GOVERNING LAW AND JURISDICTION
20.1. These Booking Terms and Conditions shall be governed by and construed in accordance with the laws of England.
20.2. You agree to submit to the exclusive jurisdiction of the courts of England, as do we, for any disputes arising out of or in connection with these Booking Terms and Conditions.
21. PROMOTIONAL CODES
21.1 For the avoidance of doubt, any promotional code that enables a Student to benefit from an incentive/offer/discount via the Scape website and online booking portal is at our absolute discretion and it is subject to availability and we reserve the right to withdraw, amend or replace the offer for another with different terms at any time and without notice.
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