UK guest services agreement

  1. These Terms

    1.1 These terms and conditions apply to all goods and services (“Services”) provided or arranged by us, Lifealike Limited (trading as onefinestay), (“us” or “we”) for you as the Guest recipient of the Services (“you”). These services may be provided through one of our affiliates located in the jurisdiction of your booking or by third parties whom we contract to provide such services.

    1.2 Please note that these terms apply only to the provision of Services by us to you. These terms do not apply to the direct relationship between you and the Homeowner of the accommodation that you have booked (the “Accommodation”) which the Homeowner has listed on onefinestay’s website, apps or other media (“Platform”). The terms of your stay at the Accommodation and the specific details of such Accommodation (including any house rules specific to the Accommodation (the “House Rules”) provided to you at the time of acceptance of your booking) are governed by the terms of your Accommodation Agreement with the Homeowner. The terms between you and us relating to your booking with a Homeowner are governed by the terms of the Guest Reservations Agreement between you and us or our affiliate.
  2. Booking Services

    2.1 On or before commencement of your stay we will supply you with a list of Services which you may order during your stay.

    2.2 You may book Services in one of two ways:

    2.2.1 by email or telephone after you have booked your accommodation but before you have commenced your stay

    2.2.2 or by email or telephone during your stay.

    2.3 We would recommend that you book Services at the earliest opportunity. Certain of our Services are subject to availability and may be unavailable unless booked in advance.

    2.4 Certain Services may be automatically included with your booking, in which case they will be separately itemised in the Booking Summary which you accept prior to receiving a Confirmation of Booking from us on behalf of the Homeowner.

    2.5 Once you have booked any Services from us you must cooperate with us in allowing us to provide the Services. For instance we may require access to the accommodation or we may need to obtain payment from you in advance for certain third party services. If you fail to cooperate with us and we are unable to provide Services to you then you may be charged in full for such Services.
  3. Third Party Services

    3.1 As part of our Services we may book or order goods or services from third party suppliers or vendors.

    3.2 Please note that any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business.

    3.3 You will be liable to pay the costs of any third party Service. We will not be responsible for any failure on the part of that third party to adequately supply the Service (except to the extent that we have been negligent in selecting that third party or placing the order on your behalf). We do endeavour to ensure that all of our partners provide their Services to the highest possible standards.
  4. Payment

    4.1 Any Services which you request at the time of your booking will be included in the preliminary invoice which is provided to you before prepayment. These charges will be collected when your accommodation fees are collected from you.

    4.2 If you book Services after pre-payment of accommodation fees has been collected we reserve the right to collect payment for Services at any time on or after booking that Service or on your departure from the accommodation.

    4.3 You authorise us to collect payment from the debit or credit card details you have supplied to us, if you wish to pay with another debit or credit card please inform us when booking the Service.

    4.4 In some circumstances we will book and pay for third party goods and services on your behalf and charge those costs to you (plus our concierge or handling charge). In other cases (e.g. restaurant bookings) you will be required to pay for the third party service directly and we will add our concierge charge to your booking.

    4.5 Your Accommodation Agreement with the Homeowner permits us to preauthorise the credit or debit card details you have supplied for any outstanding accommodation fees and for a further amount by way of security deposit. Please note that we are also entitled to separately pre authorise the same credit or debit card at any time for an additional amount to cover the anticipated costs of Services you have booked or may choose to book during your stay. You agree that we may make deductions from your debit or credit card in relation to any amounts payable to us or the Homeowner. This may include the cost of any additional services booked, or the cost of any damage to the property which arises during your stay.
  5. Specific Services

    5.1 Hire of Supplemental Furnishings Where you have hired supplemental furnishings from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to supplemental furnishings which have been hired by you. Supplemental furnishings are subject to availability. On hiring supplemental furnishings we may pre authorise a credit or debit card for an amount to cover the cost of any damage to the furnishings. Except where otherwise noted please leave any items hired by you at the property when you leave. Please note that we will not be responsible for the use of any furnishings which are hired to you. You must follow all applicable instructions and ensure that any furnishings are used safely, appropriately and in accordance with the applicable instructions.

    5.2 Ticketed Events, etc. In certain circumstances we may agree to try and secure a ticket for you at a theatre, music or sporting event. Please note that while we will use our best endeavours to secure a ticket for the event it may be difficult to obtain tickets where the event is over subscribed. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.

    5.3 Helpline and General Requests We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, fridge stocking, supplemental furnishings etc. during your stay. We reserve the right to charge for this service. Details of any such charges will be clearly identified on our schedule of charges.
  6. Liability

    6.1 You agree that our liability in respect of any loss under this agreement will be limited in accordance with these terms.

    6.2 We will not be liable to you for any indirect or consequential loss or damage such as lost profit, loss of anticipated savings, data loss, lost opportunity, lost bargain, lost reputation or otherwise and whether caused by our negligence, the negligence of our employees or agents or otherwise.

    6.3 Our aggregate liability including the liability of our partners, agents, subcontractors and employees under any agreement with you will be limited to the lower of £5,000 or the total amount you have paid in respect to the relevant services (for the avoidance of doubt this will not include any Accommodation Fees payable to a Homeowner for occupation of a Property).

    No claim may be brought against us more than six months following the date on which the Services were provided.

    6.5 You accept that the limitations of our liability set out above are reasonable in all the circumstances given the limited nature of our duties under this agreement.

    6.6 Nothing in this agreement will limit or exclude our liability for death or personal injury arising from our negligence.
  7. Identity Checks

    7.1 We may be required to undertake reporting, record-keeping and identification procedures. We may also seek to verify your details electronically. We may undertake credit reference or other similar searches.

    7.2 On occasions we may need to ask you for ID documents. Where such information is requested, you agree to provide such information promptly.
  8. General

    8.1 By entering into this Agreement you also agree to our website terms of use and our privacy policy both of which are available on our website.

    8.2 You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you.

    8.3 We may use employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform any services we provide to you.

    8.4 This Agreement is personal to you and may not be assigned.

    8.5 If you breach these Terms and we decide to take no action or are delayed in taking action, no such failure to take action or delay shall limit our rights to take action and enforce our rights and remedies for that or any other breach.

    8.6 We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, collapse of buildings, fire, explosion or accident, interruption or failure of utility service, transportation or communications outages, strikes, governmental action, and civil unrest.

    We agree to comply with our obligations under all applicable laws and regulations relating to the data protection and privacy as may be applicable from time to time, which at the date of these terms means the Data Protection Act 2018 and the GDPR (EU General Data Protection Regulation 2016/679) and any successor legislation (“Data Protection Legislation”). For further details on how we comply with the Data Protection Legislation please refer to our Privacy Policy.

    8.8 Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.

    8.9 Each party acknowledges that this agreement (as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

    8.10 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

    8.11 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.

    Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England or Wales.

February 2021